Skip to main content
Sister Publication Links
  • Sustainable Plastics
  • Rubber News
Subscribe
  • Sign Up Free
  • Login
  • Subscribe
  • News
    • Processor News
    • Suppliers
    • More News
    • Digital Edition
    • End Markets
    • Special Reports
    • Newsletters
    • Resin pricing news
    • Videos
    • Injection Molding
    • Blow Molding
    • Film & Sheet
    • Pipe/Profile/Tubing
    • Rotomolding
    • Thermoforming
    • Recycling
    • Machinery
    • Materials
    • Molds/Tooling
    • Product news
    • Design
    • K Show
    • Mergers & Acquisitions
    • Sustainability
    • Public Policy
    • Material Insights Videos
    • Numbers that Matter
    • Automotive
    • Packaging
    • Medical
    • Consumer Products
    • Construction
    • Processor of the Year
    • Best Places to Work
    • Women Breaking the Mold
    • Rising Stars
    • Diversity
    • Most Interesting Social Media Accounts in Plastics
  • Opinion
    • The Plastics Blog
    • Kickstart
    • One Good Resin
    • Pellets and Politics
    • All Things Data
    • Viewpoint
    • From Pillar to Post
    • Perspective
    • Mailbag
    • Fake Plastic Trees
  • Shop Floor
    • Blending
    • Compounding
    • Drying
    • Injection Molding
    • Purging
    • Robotics
    • Size Reduction
    • Structural Foam
    • Tooling
    • Training
  • Events
    • K Show Livestream
    • Plastics News Events
    • Industry Events
    • Injection Molding & Design Expo
    • Livestreams/Webinars
    • Editorial Livestreams
    • Ask the Expert
    • Plastics News Events Library
    • Processor of the Year submissions
    • Plastics News Executive Forum
    • Injection Molding & Design Expo
    • Plastics News Caps & Closures
    • Women Breaking the Mold Networking Forum
    • Plastics in Automotive
    • PN Live: Mergers and Acquisitions
    • Polymer Points Live
    • Numbers that Matter Live
    • Plastics in Politics Live
    • Sustainable Plastics Live
    • Plastics Caps & Closures Library
    • Plastics in Healthcare Library
    • Women Breaking the Mold Networking Forum Library
  • Rankings & Data
    • Injection Molders
    • Blow Molders
    • Film Sheet
    • Thermoformers
    • Pipe Profile Tubing
    • Rotomolders
    • Mold/Toolmakers
    • LSR Processors
    • Recyclers
    • Compounders - List
    • Association - List
    • Plastic Lumber - List
    • All
  • Directory
  • Resin Prices
    • Commodity TPs
    • High Temp TPs
    • ETPs
    • Thermosets
    • Recycled Plastics
    • Historic Commodity Thermoplastics
    • Historic High Temp Thermoplastics
    • Historic Engineering Thermoplastics
    • Historic Thermosets
    • Historic Recycled Plastics
  • Custom
    • Sponsored Content
    • LS Mtron Sponsored Content
    • Conair Sponsored Content
    • KraussMaffei Sponsored Content
    • ENGEL Sponsored Content
    • White Papers
    • Classifieds
    • Place an Ad
    • Sign up for Early Classified
MENU
Breadcrumb
  1. Home
  2. News
August 22, 2019 08:59 AM

Spending time with a pellet pollution brigade at the water's edge in Texas

Steve Toloken
Assistant Managing Editor
Plastics News Staff
  • Tweet
  • Share
  • Share
  • Email
  • More
    Reprints Print
    Steve Toloken
    Diane Wilson checks the shoreline for plastic pellet discharge, across Texas Highway 35 from the Formosa Plastics Corp. facility in Point Comfort, Texas.

    Point Comfort, Texas — Just across the highway from a Formosa Plastics Corp. factory on the Gulf Coast of Texas, Diane Wilson pulls a kayak off her red pickup and gets ready to put it in the water.

    Wilson, a former shrimp boat captain turned environmental activist, is there on a hot, early August day with three other volunteers to measure pollution from plastic pellets in the waters around Formosa's huge resin making operation at Point Comfort.

    She and the others in a small brigade of local residents, called the San Antonio Bay Estuarine Waterkeeper, have been collecting and recording pellet and PVC powder runoff on an almost daily basis since early 2016.

    It may sound like a bit of a David vs. Goliath campaign, but the group recently scored a big win when a federal judge ruled in its favor in a clean water lawsuit it brought against Formosa.

    "So far, we've collected 2,500 samples [and] we have over 7,000 videos and photos of illegal discharges," Wilson, the lead plaintiff in the Waterkeeper suit, said. "We have been finding them daily. They're not hard to find."

    On June 27, U.S. District Judge Kenneth Hoyt largely agreed with the Waterkeeper arguments, calling Formosa a "serial offender" of the Clean Water Act for discharging pellets and PVC powder into Lavaca Bay and nearby waters beyond what its Texas state permit allows.

    "The undisputed evidence shows that plastic pellets and PVC powder discharged by Formosa caused or contributed to the damages suffered by the recreational, aesthetic, and economic value of Lava[ca] Bay and Cox's Creek," Hoyt wrote, adding that the "violations are enormous."

    Steve Toloken
    Ronnie Hamrick, a member of the San Antonio Bay Estuarine Waterkeeper and a former shift supervisor at Formosa Plastics Corp., shows resin pellets collected at the shoreline.
    A day's catch of plastic runoff

    Down at the shoreline, before she puts her kayak in the water for the day's catch of plastic runoff, Wilson and the other volunteers direct a visitor's attention to white pellets of resin pooling in the water, like rice in a soupy bowl. A common sight, they say.

    Then they pull up a clump of dirt from just offshore to show how the pellets can work their way down into the muddy soil.

    Wilson said she hopes the attention from Hoyt's ruling will elevate concerns about waterborne pellet pollution both in Texas and nationally. She and her group are pushing for substantial fines in the next phase of the trial and see vindication in the court's actions thus far.

    "This is the first time I've ever felt justice was delivered. For a judge to come out and make those statements, it blew my mind," Wilson said. "He actually listened to us. He actually looked at our evidence."

    The Waterkeeper lawsuit has become the most prominent court case in the United States on pellet pollution.

    For Taiwan-based Formosa, which generates more than $5 billion in U.S. sales annually, there's potentially a lot of money at stake.

    Hoyt has scheduled several days of testimony at the federal courthouse in Victoria, Texas, in late October to hear evidence on what any potential fine and remedies should be.

    Wilson and her allies say the Clean Water Act allows fines of more than $160 million, based on what Hoyt said were 1,800 separate violations since 2016.

    Formosa, while not commenting on the case because it is pending litigation, in January accepted a $121,000 fine from the Texas Commission on Environmental Quality, covering six violations in April and May 2017.

     

    ‘Make them think twice'

    The Waterkeeper group filed its federal pellet lawsuit in 2017, but for Wilson it continues several decades of work against local plastics and petrochemical factories around her home in Seadrift, Texas.

    Sitting on the deck of her small, cabinlike house outside the small town, the 70-year-old grandmother of eight said she was something of a late bloomer to her causes.

    A fourth-generation local resident who made her living in the commercial shrimping industry, she didn't get involved in environmental issues until she was about 40.

    What drew her in, Wilson said, were news reports and Environmental Protection Agency data that said Seadrift and the rest of Calhoun County had, at that time, more chemical emissions than any other U.S. county.

    It led her to a series of actions and legal battles against Formosa and other local factories, including hunger strikes and her decision to try to sink her own shrimp boat in protest — a plan interrupted by the Coast Guard — in waters outside Formosa's factory.

    She wrote a 2005 book about her experiences, "An Unreasonable Woman: A True Story of Shrimpers, Politicos, Polluters and the Fight for Seadrift, Texas," garnering speaking engagements and an appearance on C-SPAN's Book TV program.

    A short 2005 documentary, "Texas Gold," looked at her activism, and in 2002 Wilson helped start the women-led, national anti-war group CodePink.

    Pellet pollution did not become a concern until more recently. Wilson started learning about it in 2009, after a Formosa worker contacted her.

    "I became really focused on the pellets in 2009," she said. "I was talking to former workers and I was talking to workers inside the plant. ... There are ones that realize there's a problem, but they got a job and they don't want to lose it, so they will tell you things."

    Today, several former Formosa employees are among the half-dozen people in the Waterkeeper brigade that regularly document pellet pollution. Some of them testified at the federal trial in March.

    Still, it took years before the group started its waterside pellet monitoring.

    At first, Wilson said members took their concerns to federal and state environmental regulators. She believes their efforts got the agencies to take some action, but she said that over time, the group felt that agencies either were not, or could not, be effective.

    "I'm a regular citizen. I really believed, I really did, if you talk to the agencies, they are the ones who know and they will do something," she said. "I really believed it. That actually was one of the worst bubbles that broke for me is, 'No, they are not doing their job.'"

    So in January 2016, the volunteers began their own pellet documentation effort, which eventually led to the lawsuit. The case is being funded by the Mercedes, Texas-based nonprofit Texas RioGrande Legal Aid Inc.

    Wilson hopes the federal court action will put more pressure on Formosa. And she hopes that the final order could serve as a template for other companies.

    She said the group wants stiffer fines and cleanup orders than the Texas CEQ decision in January.

    "If it becomes serious enough, one, it will make them think twice before doing it again, and two, it will make other industries pay attention that now it's not like a free ride," she said.

     

    Boxes of evidence

    Group members keep the evidence they've collected in a shed next to Wilson's home. There, bags and bottles of pellets and powders, labeled by when and where volunteers found them, sit in plastic boxes along the walls.

    In March, they hauled the boxes to the federal courthouse in Victoria for the bench trial.

    In his June ruling, Hoyt, who was nominated to the federal bench in 1987 by President Ronald Reagan, noted that the Waterkeeper evidence included more than 2,400 samples of plastics in ziplock bags, along with photos and videos.

    He wrote that Wilson and five other Waterkeeper members "provided detailed, credible testimony regarding plastics discharged by Formosa" and said three outside experts the group brought in were "reasonable and credible."

    Hoyt said that none of the experts provided by Formosa contradicted the lawsuit's central claim that the company's discharges were violating its permits, which allow only "trace" amounts of discharge.

    "In rebuttal, Formosa offered the testimony of three plant employees and two independent experts," the judge wrote. "None rebutted evidence that Formosa was and had discharged substantial quantities of plastic pellets and PVC powder into Cox Creek and Lavaca Bay in violation of its permit."

    Wilson says the pollution hurts local livelihoods. She draws a direct line from pellet and PVC powder runoff, and other petrochemical discharges she's protested, to steep declines in the area's commercial fishing industry.

    There were more than 100 commercial shrimp boats in the 1990s but fewer than 10 today, she said.

    "There has been a real severe crisis in the fisheries," Wilson said. "I think a significant part of it does relate to the petrochemical plants."

    Part of Lavaca Bay was declared a Superfund site in 1994, contaminated by mercury discharged from an aluminum plant near the Formosa facility.

    Wilson said group members tested plastic pellets for mercury and worry about plastics getting into human food chains, whether or not they're contaminated with mercury and other toxins. She said it's an emerging issue.

    "You know the fish are eating it," she said. "We've had oystermen who say they've found the pellets when they shuck the oysters. It's a whole new knowledge that is awakening."

    In his ruling, Hoyt said evidence established that discharges have damaged the local shrimp population and hurt Wilson's livelihood. Bobby Lindsey, another member of the group, said resin pollution hurts local businesses that depend on the natural environment.

    "You have to understand Calhoun County, because of the horseshoe nature of the county, has the longest shoreline of any county in the state of Texas," he said. "The entire Calhoun economy outside the chemical plants is tourism and fishing. Nowadays mostly recreational fishing. Anything that impacts that impacts a huge number of other businesses."

     

    Next steps for Formosa

    Beyond potential fines, the case is now likely to turn on what additional steps Formosa should take.

    In his ruling, Hoyt noted that the company has installed equipment including floating booms and mesh screens, that it's brought in vacuum trucks and hired more staff and contractors, all to try to catch pellets and powder.

    But the judge said those efforts to date "fail to sufficiently or effectively prevent the release of plastic pellets and powders."

    He said he found that "expert opinion offered by Waterkeeper are persuasive" that Formosa's stormwater management system is not good enough.

    Formosa declined to comment because the court case is still pending, but a local newspaper, the Victoria Advocate, urged the company to "seize" the chance to improve its environmental management.

    In an editorial, the newspaper said the company has taken "elaborate and expensive" actions to try to stop pellet and powder leaks and that company executives are "understandably frustrated" by the ruling.

    As well, it called the company a cornerstone of the local economy, with 3,400 employees and contractors providing an annual payroll of $226 million. A recent $5 billion expansion has kept the local economy strong even as other businesses have cut back, it said.

    But the newspaper's editorial board also said the judge's conclusions are logical, that it is correct to characterize the company as a "serial offender," and urged it to do more, including negotiate a settlement.

    Wilson said the Waterkeeper group is pushing a "zero discharge" standard for pellet and powder emissions.

    The group estimates it could cost the company millions of dollars to retrofit equipment but also argues the company has saved millions more since the plant opened by not having strong enough controls.

    "There's going to have to be infrastructure inside that's going to have to change," Wilson said. "There are ways you can customize things to go to zero discharge."

    Waterkeeper puts the Formosa case in a broader context.

    The group joined with more than 270 other community and conservation organizations, including the Center for Biological Diversity and the Natural Resources Defense Council, in a July 24 petition to the EPA calling for tougher Clean Water Act regulations around pellet pollution from plastics factories. They cited Hoyt's ruling in their petition.

    In the meantime, the group is turning to the remedy phase of the trial in October. Volunteer Lindsey says members are hopeful but not sure how it will turn out.

    "I think the way the judge basically excoriated Formosa in his original findings, we have reason to be optimistic about him levying substantial fines," Lindsey said, before pausing. "We'll see how it goes."

    Also of interest
    Pellet pollution is a problem we can solve
    Plastics News Now: Hunting for plastic pellet pollution in Texas
    RECOMMENDED FOR YOU
    Entek picks Terre Haute, Ind., for $1.5B battery separator plant
    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Plastics News would love to hear from you. Email your letter to Editor at [email protected]

    Most Popular
    1
    Redline buys Georgia-based Quality Holdings
    2
    Mattress maker Purple continues fight against takeover
    3
    Ineos workers in Ohio on strike
    4
    Redline's ‘outrageous cultural behaviors' retain top employees
    5
    Material Insights: Polypropylene production — both virgin and recycled — in the spotlight
    SIGN UP FOR OUR FREE NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Get our newsletters

    Staying current is easy with Plastics News delivered straight to your inbox, free of charge.

    Subscribe today

    Subscribe to Plastics News

    Subscribe now
    Connect with Us
    • LinkedIn
    • Facebook
    • Twitter
    • Instagram

    Plastics News covers the business of the global plastics industry. We report news, gather data and deliver timely information that provides our readers with a competitive advantage.

    Contact Us

    1155 Gratiot Avenue
    Detroit MI 48207-2997

    Customer Service:
    877-320-1723

    Resources
    • About
    • Staff
    • Editorial Calendar
    • Media Kit
    • Data Store
    • Digital Edition
    • Custom Content
    • People
    • Contact
    • Careers
    • Sitemap
    Related Crain Publications
    • Sustainable Plastics
    • Rubber News
    • Tire Business
    • Urethanes Technology
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Copyright © 1996-2023. Crain Communications, Inc. All Rights Reserved.
    • News
      • Processor News
        • Injection Molding
        • Blow Molding
        • Film & Sheet
        • Pipe/Profile/Tubing
        • Rotomolding
        • Thermoforming
        • Recycling
      • Suppliers
        • Machinery
        • Materials
        • Molds/Tooling
        • Product news
        • Design
      • More News
        • K Show
        • Mergers & Acquisitions
        • Sustainability
        • Public Policy
        • Material Insights Videos
        • Numbers that Matter
      • Digital Edition
      • End Markets
        • Automotive
        • Packaging
        • Medical
        • Consumer Products
        • Construction
      • Special Reports
        • Processor of the Year
        • Best Places to Work
        • Women Breaking the Mold
        • Rising Stars
        • Diversity
        • Most Interesting Social Media Accounts in Plastics
      • Newsletters
      • Resin pricing news
      • Videos
    • Opinion
      • The Plastics Blog
      • Kickstart
      • One Good Resin
      • Pellets and Politics
      • All Things Data
      • Viewpoint
      • From Pillar to Post
      • Perspective
      • Mailbag
      • Fake Plastic Trees
    • Shop Floor
      • Blending
      • Compounding
      • Drying
      • Injection Molding
      • Purging
      • Robotics
      • Size Reduction
      • Structural Foam
      • Tooling
      • Training
    • Events
      • K Show Livestream
      • Plastics News Events
        • Plastics News Executive Forum
        • Injection Molding & Design Expo
        • Plastics News Caps & Closures
        • Women Breaking the Mold Networking Forum
        • Plastics in Automotive
      • Industry Events
      • Injection Molding & Design Expo
      • Livestreams/Webinars
        • PN Live: Mergers and Acquisitions
      • Editorial Livestreams
        • Polymer Points Live
        • Numbers that Matter Live
        • Plastics in Politics Live
        • Sustainable Plastics Live
      • Ask the Expert
      • Plastics News Events Library
        • Plastics Caps & Closures Library
        • Plastics in Healthcare Library
        • Women Breaking the Mold Networking Forum Library
      • Processor of the Year submissions
    • Rankings & Data
      • Injection Molders
      • Blow Molders
      • Film Sheet
      • Thermoformers
      • Pipe Profile Tubing
      • Rotomolders
      • Mold/Toolmakers
      • LSR Processors
      • Recyclers
      • Compounders - List
      • Association - List
      • Plastic Lumber - List
      • All
    • Directory
    • Resin Prices
      • Commodity TPs
        • Historic Commodity Thermoplastics
      • High Temp TPs
        • Historic High Temp Thermoplastics
      • ETPs
        • Historic Engineering Thermoplastics
      • Thermosets
        • Historic Thermosets
      • Recycled Plastics
        • Historic Recycled Plastics
    • Custom
      • Sponsored Content
      • LS Mtron Sponsored Content
      • Conair Sponsored Content
      • KraussMaffei Sponsored Content
      • ENGEL Sponsored Content
      • White Papers
      • Classifieds
        • Place an Ad
        • Sign up for Early Classified