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United States v. Ohio Barge Lines

Citation: 5 ELR 20722
No. No. 75-240, 410 F. Supp. 625/8 ERC 1205/(W.D. La., 08/22/1975)

Since the EPA has not determined alcohol to be a hazardous substance under § 311 of the Federal Water Pollution Control Act Amendments of 1972, the defendant barge company's employee did not trigger the immunity provision in § 311(b)(5) by notifying the Coast Guard of a small alcohol spill. Defendant is thus criminally liable for the spill and is fined $1,000.

Counsel for Plaintiff
Donal E. Walter, U.S. Attorney
P.O. Box 33
Shreveport, La. 71161

Earl Salo
Department of Justice
Washington, D.C. 20530

Counsel for Defendant
Donald Abaunza
Lemle & Kelleher
1 Shell Square
New Orleans, La. 70139