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The Waterkeepers Win

Overview

Opposition to Formosa Plastics has, in some cases, been successful. In 2019, a lawsuit filed by Diane Wilson and ex-Formosa workers resulted in a US $50 million settlement. Traveling by kayak, the "San Antonio Bay Waterkeepers" have been tracking Formosa’s plastic pollution discharge to local waterways. The 2019 legal settlement included funds to support this work to assess compliance with a court order for "zero discharge."

Weekly water monitoring reports produced by Wilson and collaborators include photographs and textual descriptions of plastic pellet pollution at water discharge outlets from the Formosa plant. Wilson also donates plastic pellets to the citizen science initiative Nurdle Patrol at the University of Texas at Austin.

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Document: TCEQ Wastewater Inspection of Plastic Facilities, 03.06.2019

From Diane Wilson, in email correspondence:

"This is why a wastewater inspection by Texas Commission on Environmental Quality (TCEQ) allows a facility to succeed with flying colors. Give them two weeks notice and let the facility know exactly what the inspectors are going to do.  Enclosed... Read more

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Photo Essay: Water Monitoring, Point Comfort

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Map of Pellet Sampling Locations

Comment by Diane Wilson:

"The Court concludes that the evidence shows violations for each of the 736 days of discharges into Lavaca Bay from Outfall 001. See [Ex. 63, 254, 263-295 and 472]….In addition, the Court concludes that Formosa is a serial offender, violating its Permit concerning discharge of floating solids, in other than trace amounts, from other Outfalls from January 31, 2016, to at least March 24, 2019. Some 1,149 days of violations are recorded through Outfalls 003, 004, 005, 006, 007, 008, 009, 012.

The colored points on the map are where the 2,428 samples were collected."

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Diane Wilson sampling by Kayak

Comment:

"Jan. 2019, Waterkeeper Diane Wilson in kayak sampling at Formosa stormwater outfall 06 at Cox Creek"

Catching Pellets

Comment by Diane Wilson:

"2018, Waterkeepers David Sumpter and Ronnie Hamrick using nets to catch pellets floating in the water near Formosa stormwater outfall 06."

Checking Vegetation for Pellets

Comment by Diane Wilson:

"2019, Waterkeeper Ronnie Hamrick checking vegetation for pellets on east bank near Formosa outfall 06 at Cox Creek."

Diane Wilson sampling pellets, 2019

Comment:

"April 2019, Waterkeeper Diane Wilson continues sampling after March 2019 trial."

Powder Sample, 2019

Comment by Diane Wilson:

"2019, plastic powder sample taken from Lavaca Bay."

Nurdle Sample, Ronnie Hamrick, 2017

Comment by Diane Wilson:

"Waterkeeper Ronnie Hamrick at Port Lavaca Marina holding two samples of pellets collected during monitoring of Lavaca bay and Cox Creek for illegal discharged pellets/nurdles and powder."

Waterkeeper Bob checking pellet/powder samples

Comment by Diane Wilson:

"April 2019, Waterkeeper Bob Lindsey checking pellet/powder samples."

Clean Water Suit Samples, 2019

Comment by Diane Wilson:

"March 2019, approximately 2500 samples collected as evidence for Citizens Clean Water suit."

Bins of Samples, 2019

Comment by Diane WIlson:

"March 2019 Waterkeepers and supporters loading samples into bins and putting in trailer to take to court in Victoria, Texas."

Photo: Pellets in Cox Creek, 02.11.2018

"December 2, 2018 pellets/nurdles discovered outside the boom of Formosa Plastics, outfall 06"

Photo: Pellets Outfall 06, 12.2017

"December 2017, pellets on east bank of Cox Creek, south of Highway 35 bridge at Cox Creek, north of outfall 06"

Photo: Dale Jurasek with Pellets, 03.2019

"March, 2019 Waterkeeper Dale Jurasek holding bag of pellets collected as evidence in Clean Water suit against Formosa Plastics, Point Comfort, Texas. "

Photo: Discussing Pellet Situation, 01.2019

Jan. 2019, Waterkeepers discussing pellet situation at Cox Creek: Ronnie Hamrick, Cheyenne Jurasek, Bob Lindsey, and David Sumpter

Kayak Protest

March 2019, Waterkeeper and Executive director of San Antonio Bay Estuarine Waterkeeper at kayak protest

Photo: Social Distancing Kayak Trip

April, 2020 Waterkeeper Taylor Wilson practicing social distancing and wearing mask before kayak trip down Cox Creek.