DEPARTMENT OF INTERIOR
FEDERAL WATER POLLUTION ADMINISTRATION
PUBLIC HEARING
OCTOBER 8, 1968
MOODY CENTER
GALVESTON, TEXAS
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ERRATUM
Page number 279 was inadvertently omitted in numbering
the pages, 'ihe text is correct as presented.
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MR. GALEGAR: GOOD MORNING. SHALL WE BRING THE MEETING
TO ORDER?
I AM WILLIAM C. GALEGAR, THE REGIONAL
DIRECTOR OF THE FEDERAL WATER POLLUTION AND CON-
TROL ADMINISTRATION WHO WILL ACT AS YOUR CHAIRMAN
FOR THIS PUBLIC MEETING.
AS THE FIRST ITEM OF BUSINESS I WOULD
LIKE TO INTRODUCE TO YOU THE PANEL MEMEBERS THAT
I AM HONORED TO SIT WITH.
ON MY RIGHT IS MR. HUGH YANTIS, WHO WILL
SIT NOT ONLY AS A REPRESENTATIVE OF THE TEXAS
WATER QUALITY BOARD BUT ALSO AS CO-CHAIRMAN OF
THIS MEETING.
ON HIS RIGHT IS MR. MARVIN WOOD, WHO IS
THE LABORATORY DIRECTOR OF THE ROBERT S. KERR
WATER RESEARCH CENTER LOCATED AT ADA, OKLAHOMA,
WHICH IS ALSO ONE OF THE INSTITUTES OF THE FEDERAL
WATER POLLUTION AND CONTROL ADMINISTRATION.
ON MY LEFT IS MR. JOHN SMOUSE, WHO IS
THE DEPUTY REGIONAL DIRECTOR FOR THE SOUTH CEN-
TRAL REGION OF THE FEDERAL WATER POLLUTION CON-
TROL ADMINISTRATION LOCATED IN DALLAS, TEXAS.
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ON HIS LEFT IS MR. JOE SORRELS, STAFF
MEMBER TO MR. HUGH YANTIS AND A MEMBER OF THE
TEXAS WATER QUALITY BOARD, STATE OF TEXAS.
THESE ARE THE PANEL MEMBERS.
THIS IS A MEETING TO DISCUSS ONE OF
MAN'S MOST VITAL RESOURCES. MOST REASONABLE MEN
WILL AGREE THAT THERE IS A NECESSITY FOR PROTECT-
ING THE QUALITY OF OUR WATER; THAT IS, THE BASIS
FOR THE WISE UTILIZATION OF THE RESOURCE FOR THE
BENEFIT OF ALL OF THE PEOPLE. OF ALL OF THE
BODIES OF WATER USED BY MAN WE HAVE PROBABLY PAID
THE LEAST ATTENTION TO THE COASTAL ZONES, POSSI-
BLY BECAUSE THEY ARE AT THE VERY EDGES OF THE
SEAS, WHICH SEEM SO VAST AND INDESTRUCTIBLE AND
EVEN POSSIBLY BECAUSE WE HAVE SEEN PREOCCUPIED
WITH THE CLEANUP OF OUR RIVERS AND BASINS FROM
THE POLLUTION EFFORTS WHICH MAN HAS SO DESTRUC-
TIVE LY USED.
CERTAINLY WE DO KNOW OF THE IMPORTANCE
OF THE ESTAURINE AREAS AS THE BREEDING GROUND
FOR FISH AND WILD LIFE AND ALSO AS A CHALLENGE
TO OUR SPORTING SKILLS.
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WE HAVE BECOME AWARE, ALSO, OF THE GREAT
POTENTIAL OF THESE AREAS FOR WATER SUPPLY, FOR
FOOD, FOR MINERALS, AS THE SOURCE OF FUEL.
WE ARE ALSO AWARE THAT THIS POTENTIAL
MAY BE DESPOILED BY THE CARELESS ACTIVITIES OF
MAN.
IN RECOGNITION OF THESE FACTS CONGRESS
WROTE INTO THE 1966 AMENDMENT TO THE WATER POLLU-
TION CONTROL ACT AS A DIRECTIVE TO THE SECRETARY
OF INTERIOR TO UNDERTAKE A THREE-YEAR COMPREHEN-
SIVE STUDY OF THE NATION'S ESTAURINE AREAS.
SECTION 5 OF SUBSECTION G OF THE ACT READS:
THE SECRETARY SHALL, IN COOPERATION WITH
THE SECRETARY OF THE ARMY, SECRETARY OF AGRICUL-
TURE, THE WATER RESOURCES COUNCIL AND WITH OTHER
APPROPRIATE FEDERAL, STATE, INTERSTATE OR LOCAL
PUBLIC BODIES, PRIVATE ORGANIZATIONS, INSTITUTIONS
AND INDIVIDUALS, CONDUCT AND PROMOTE AND ENCOUR-
AGE CONTRIBUTIONS TO A COMPREHENSIVE STUDY OF
THE EFFECT OF POLLUTION, INCLUDING SEDIMENTA-
TION, IN THE ESTAURIES AND ESTUARINE ZONES OF
THE UNITED STATES ON FISH AND WILDLIFE, ON
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SPORT AND COMMERCIAL FISHING, ON RECREATION,
ON WATER SUPPLY AND WATER POWER, AND ON OTHER
BENEFICIAL USES. SUCH STUDY SHALL ALSO CONSIDER
THE EFFECT OF DEMOGRAPHIC TRENDS, THE EXPLOITA-
TION OF MINERAL RESOURCES AND FOSSIL FUELS, LAND
AND INDUSTRIAL DEVELOPMENT, NAVIGATION, FLOOD
AND EROSION CONTROL, AND OTHER USES OF ESTUARIES
AND ESTUARINE ZONES UPON THE POLLUTION OF THE
WATERS THEREIN.
THE ACT CONTINUES:
IN CONDUCTING THE ABOVE STUDIES THE
SECRETARY SHALL ASSEMBLE, COORDINATE AND ORGANIZE
ALL EXISTING PERTINENT INFORMATION ON THE NATION'S
ESTUARIES AND ESTUARINE ZONES TO CARRY OUT A
PROGRAM OF INVESTIGATION AND SURVEYS TO SUPPLE-
MENT EXISTING INFORMATION IN REPRESENTATIVE
ESTUARIES AND ESTUARINE ZONES AND IDENTIFY THE
PROBLEMS AMD AREAS WHERE FURTHER RESEARCH AND
STUDY ARE REQUIRED.
THE ACT DIRECTS THE SECRETARY TO SUBMIT
TO CONGRESS NOT LATER THAN THREE YEARS AFTER DATE
OF AN ACTION OF THE ACT--WHICH MEANS IT MUST BE
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PRESENTED TO CONGRESS BY NOVEMBER 1969.
IT FURTHER STATES THAT REPORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO; (1) ANALYSIS
OF THE IMPORTANCE OF ESTUARIES TO THE ECONOMIC
AND SOCIAL WELL BEING OF THE PEOPLE OF THE UNITED
STATES AND OF THE EFFECT OF POLLUTION UPON THE
USE AND ENJOYMENT OF SUCH ESTUARIES;
(2) A DISCUSSION OF MAJOR ECONOMIC,
SOCIAL AND ECOLOGICAL TRENDS OCCURRING IN THE
ESTUARINE ZONES OF THE NATION;
AND, (3) RECOMMENDATIONS FOR A COMPREHEN-
SIVE NATIONAL PROGRAM FOR THE PRESERVATION, STUDY,
USE AND DEVELOPMENT OF ESTUARIES OF THE NATION
AND RESPECTIVE RESPONSIBILITIES WHICH SHOULD BE
ASSUMED BY THE FEDERAL, STATE AND LOCAL GOVERN-
MENTS AND BY PUBLIC AND PRIVATE INTERESTS.
I HAVE GONE INTO CONSIDERABLE DETAIL FROM
TrlE ACT ITSELF TO GIVE YOU AN IDEA OF THE THINK-
ING OF CONGRESS. AS AN AGENCY OF THE DEPARTMENT
OF INTERIOR, THE FEDERAL WATER POLLUTION CONTROL
ADMINISTRATION HAS BEEN DESIGNATED TO CONDUCT
THE STUDIES. WORK HAS BEEN UNDER WAY FOR A
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CONSIDERABLE TIME ON VARIOUS ASPECTS OF THIS
PROJECT.
THESE PUBLIC MEETINGS ARE BEING HELD
THROUGHOUT THE NATION IN AN EFFORT TO OBTAIN A
BROAD BASIS OF THINKING ABOUT THE FUTURE ROLE OF
THE ESTUARIES AND THEIR BENEFIT TO MAN, THE
RESOURCE THEY REPRESENT.
A TRANSCRIPT OF THIS MEETING IS BEING
MADE WHICH WILL BECOME PART OF THE OVERALL REPORT
TO CONGRESS.
WE ARE MOST APPRECIATIVE OF THE COOPERA-
TION PROVIDED BY THE TEXAS WATER QUALITY BOARD
AND BY THEIR EXECUTIVE SECRETARY, MR. HUGH YANTIS,
WHO ACTS NOT ONLY AS A PANEL MEMBER BUT ALSO AS
THE CO-CHAIRMAN.
WE ARE ALSO APPRECIATIVE OF THE EFFORTS
MADE BY THE CITY OF GALVESTON AND PARTICULARLY
MR. RAY HOOKER OF THE GALVESTON CHAMtiER OF COM-
MERCE, MR. JOE DICKERSON OF THE TEXAS AIR AND
WATER RESOURCES FOUNDATION AND MR. JERRY COLEMAN
WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERN-
MENTS .
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NOW, AT THIS TIME I WOULD LIKE TO DEVIATE
FROM MY NORMAL PROCEDURE; THAT IS, NORMALLY THE
STATE OF TEXAS WOULD INTRODUCE A COMPARABLE STATE-
MENT, BUT WE HAVE WITH US THIS MORNING A REPRESEN-
TATIVE—FOUR REPRESENTATIVES--A REPRESENTATIVE
OF MR. BOB ECKHARDT, MR. KEITH OZMORE IN THE
AUDIENCE, AND WE WOULD LIKE TO RECOGNIZE HIM AT
THIS TIME AND WOULD LIKE TO ALSO ASK THAT, IF HE
WOULD, TO COME FORWARD AND MAKE THIS STATEMENT
FOR REPRESENTATIVE ECKHARDT. MR. OZMORE.
MR. OZMORE: THANK YOU, MR. GALEGAR, AND OTHER MEMBERS
OF THE PANEL.
I WOULD LIKE TO EXPRESS THE CONGRESSMAN'S
REGRETS THAT HE COULD NOT 6E HERE. HE INDICATED
THAT HE PLANNED TO BE AND WE THOUGHT CONGRESS WAS
GOING TO RECESS LAST FRIDAY. AS YOU POSSIBLY
KNOW THEY ARE TRYING TO WIND UP THE BUSINESS SO
THEY CAN ADJOURN FRIDAY.
THIS IS A STATEMENT BY U. S. REPRESENTA-
TIVE BOB ECKHARDT, 8TH DISTRICT OF TEXAS, AND
IT'S ADDRESSED TO MR. TED AUSTIN, REGIONAL
ESTUARINE PROGRAM COORDINATOR, FEDERAL WATER
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MR. KEITH OZMOREI
POLLUTION CONTROL ADMINISTRATION, DEPARTMENT
OF THE INTERIOR, ADA, OKLAHOMA:
"I WOULD LIKE TO THANK THE FEDERAL
WATER POLLUTION CONTROL ADMINISTRATION AND THE
STATE OF TEXAS FOR THIS OPPORTUNITY TO PRESENT
A STATEMENT CONCERNING POLLUTION OF THE GALVES-
TON BAY ESTUARY.
"THERE ARE SEVERAL POINTS I WOULD LIKE
TO TOUCH UPON, AND I HOPE I DO NOT DUPLICATE DATA
WHICH IS TO BE PRESENTED BY OTHERS, PARTICULARLY
MARINE BIOLOGISTS WHO HAVE MUCH INFORMATION AT
THEIR DISPOSAL.
"ONE FIGURE WHICH I WOULD LIKE TO OFFER
HERE IS THE VALUE OF OUR OYSTER FISHERY. DURING
THE OYSTER SEASON OF 1966-1067, OYSTERMEN HARVES-
•
TED 3,208,571 POUNDS OF OYSTER MEATS, WORTH SOME
$1,466,010.56 AT 30ATSID1. THIS REPRESENTED A
1,312,429 POUND DECREASE FROM THE AMOUNT HARVES-
TED IN THE PREVIOUS YEAR. THIS HARVEST WAS
TAKEN FROM 58 PERCENT OF THE GALVESTON SAY ESTUARY,
WITH THE REMAINING 42 PERCENT BEING OFF LIMITS
FOR COMMERCIAL PRODUCTION OF OYSTERS BECAUSE OF
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MR. KEITH OZMORE
POLLUTION.
"I AM INFORMED BY THE TEXAS PARKS & WILD-
LIFE DEPARTMENT THAT THE 42 PERCENT OF THE ESTUARY
WHICH IS OFF-LIMITS FOR OYSTER PRODUCTION CON-
TAINS SOME 1,500 ACRES OF PRODUCING OYSTER REEFS,
OR ROUGHLY 15.7 PERCENT OF THE OYSTER REEFS IN
THE ENTIRE ESTUARY. THIS MEANS THAT EACH YEAR
WE ARE LOSING 692,429 POUNDS OF OYSTER MEATS,
WORTH SOME $311,593 BECAUSE THEY CANNOT BE MAR-
KETED. AND THIS DOES NOT REFLECT THE TOTAL LOSS.
BY THE TIME YOU FIGURE THAT THE TOTAL ECONOMIC
VALUE OF THE OYSTER IS 10 TIMES THE LANDED
VALUE, THIS MEANS THAT WE ARE LOSING $3,115,930
IN THE OYSTER FISHERY BECAUSE OF POLLUTION.
"THIS IS JUST A SMALL FRACTION OF THE
ENTIRE WORTH OF THIS IMPORTANT ESTUARY. IT IS
IMPOSSIBLE TO COUNT THE MILLIONS OF DOLLARS FOR
ITS ESTHETIC VALUE AND AS A PLAYGROUND FOR LITER-
ALLY MILLIONS OF SPORTSMEN AND VACATIONERS AND
ITS VALUE AS A PRODUCER OF COMMERCIAL FISHES,
ESPECIALLY SHRIMP.
"NOW, I WOULD LIKE TO SAY A FEW WORDS
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MR. KEITH OZMORE
ABOUT WHAT IS HAPPENING TO VARIOUS AREAS OF THE
GALVESTON BAY ESTUARY. I AM TOLD BY VETERAN OYSTER-
MEN WHO HAVE FISHED EAST GALVESTON BAY FOR A QUAR-
TER OF A CENTURY THAT THE SHALLOW GRASSLANDS IN
THE UPPER REACHES OF THE BAY HAVE BEEN PRACTIC-
ALLY WIPED OUT, EITHER BY INDUSTRIAL OR MUNICIPAL
POLLUTION, OR BY POLLUTION BY SILTATION BY THE
HUGE OYSTER SHELL DREDGES WHICH HAVE OPERATED IN
THIS AREA FOR HALF A CENTURY.
UNDER SECTION 5 (G) (1) OF THE WATER POL-
LUTION CONTROL ACT (PL 84-660), THE SECRETARY
OF THE INTERIOR IS REQUIRED TO CONDUCT A COMPRE-
HENSIVE STUDY OF THE EFFECTS OF POLLUTION, INCLUD-
ING SEDIMENTATION, IN THE ESTUARIES AND ESTUARINE
ZONES OF THE UNITED STATES ON FISH AND WILDLIFE,
ON SPORT AND COMMERCIAL FISHING, ON RECREATION,
ON WATER SUPPLY AND WATER POWER, AND ON OTHER
BENEFICIAL USES. AND I WOULD QUOTE HERE: 'SUCH
STUDY SHALL ALSO CONSIDER THE EFFECT OF DEMO-
GRAPHIC TRENDS, THE EXPLOITATION OF MINERAL RE-
SOURCES AND FOSSIL FUELS, LAND AND INDUSTRIAL
DEVELOPMENT, NAVIGATION, FLOOD AND EROSION CONTROL,
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MR. KEITH OZMORE
AND OTHER USES OF ESTUARIES AND ESTUARINE ZONES
UPON THE POLLUTION OF THE WATERS THEREIN.1
"I WOULD LIKE TO RESPECTFULLY REQUEST
THAT THIS ESTUARINE STUDY UNDERTAKE TO INVESTIGATE
EFFECTS OF 50 YEARS OF SHELL DREDGING UPON THIS
VALUABLE ESTUARY. IF SILTATION POLLUTION HAS
DESTROYED THE SHALLOW GRASSLANDS OF THIS ESTUARY,
THEN ONE OF THE MOST PRODUCTIVE AREAS OF THE ES-
TUARY MAY HAVE BEEN RUINED FOREVER, FOR IT IS IN
THESE SHALLOW GRASSLANDS THAT MARINE LIFE SUCH
AS SHRIMP AND MENHADEN GROW TO MATURITY TO RETURN
TO THE GULF TO REPRODUCE AGAIN.
!IIT IS MY BELIEF THAT THE FEDERAL GOVERN-
MENT MUST ASSUME A MAJOR ROLE IN PROTECTING THE
ESTUARIES, FOR I FEEL THAT THE STATE OF TEXAS
HAS BEEN DERELICT IN THIS FIELD.
!'FIRST, LET KE DEFINE POLLUTION AS SPELLED
OUT IN THE TEXAS WATER QUALITY ACT:
"'POLLUTION MEANS ANY DISCHARGE OR
DEPOSIT OF WASTE INTO OR ADJACENT TO THE WATERS
OF THE STATE, OR ANY ACT OR OMISSION IN CONNEC-
TION THEREWITH, THAT BY ITSELF, OR IN CONJUNCTION
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MR. KEITH OZMORE
WITH ANY OTHER ACT OR OMISSION OR ACTS OF
OMISSIONS, CAUSES OR CONTINUES TO CAUSE OR WILL
CAUSE SUCH WATERS TO BE UNCLEAN, NOXIOUS, ODOR-
OUS, IMPURE, CONTAMINATED, ALTERED OR OTHERWISE
AFFECTS TO SUCH AN EXTENT THAT THEY ARE RENDERED
HARMFUL, DETRIMENTAL OR INJURIOUS TO PUBLIC HEALTH,
SAFETY, OR WELFARE, OR TO TERRESTRIAL OR AQUATIC
LIFE OR THE GROWTH OR PROPAGATION THEREOF, OR TO
THE USE OF SUCH WATERS FOR DOMESTIC, COMMERCIAL,
INDUSTRIAL, AGRICULTURAL, RECREATIONAL OR OTHER
LAWFUL REASONABLE USES.1
"THE DEFINITION IS COMMENDABLE. TEXAS
WATER QUALITY STANDARDS, AS SUBMITTED TO THE
FEDERAL GOVERNMENT, SPELL OUT THAT MOST OF THE
WATERS CONTAINED IN THIS ESTUARY SHALL BE CON-
SIDERED TO BE CLEAN ENOUGH FOR USE FOR RECREATION
AND MARINE LIFE REPRODUCTION.
"BUT I WOULD LIKE TO POINT OUT THAT THE
TEXAS WATER QUALITY ACT HAS NOT BEEN ENFORCED.
"SECTION 15 (A) OF SAID ACT SPECIFIES
THAT ANY PERSONS VIOLATING ANY OF THE PROVISIONS
OF SECTION 14 OF THE ACT SHALL BE SUBJECT TO A
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MR. KEITH OZMORE
CIVIL PENALTY OF NOT LESS THAN $50 NOR MORE
THAN $1,000 FOR EACH AND EVERY DAY OF SUCH VIO-
LATION AND FOR EACH AND EVERY ACT OF SUCH VIOLA-
TION. IT FURTHER DIRECTS THAT THE TEXAS PARKS
AND WILDLIFE DEPARTMENT OR THE EMPLOYEES THEREOF
DULY AUTHORIZED BY SUCH DEPARTMENT, THE APPRO-
PRIATE COUNTY OR DISTRICT ATTORNEY SHALL INSTI-
TUTE AND CONDUCT A SUIT IN THE NAME OF THE STATE
OF TEXAS UNDER THIS SUB-SECTION FOR ANY VIOLATION
WHICH AFFECTS AQUATIC LIFE, BIRDS AND ANIMALS.
IT FURTHER STATES THAT THE PARKS AND WILDLIFE
DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS
ACT, INSOFAR AS ANY VIOLATION HEREOF OCCURS
WHICH AFFECTS AQUATIC LIFE, 3IRD AND ANIMALS.
"THERE IS NO DOUBT THAT POLLUTERS HAVE
INTRODUCED SILT, CHEMICAL WASTE AND OIL INTO THE
:3AY WITHOUT BEING PROSECUTED BY STATE AUTHORITIES,
I CALL UPON THE STATE OF TEXAS TO NAME ONE IN-
STANCE IN WHICH SHELL DREDGERS OR ANY OTHER
POLLUTERS HAVE BEEN BROUGHT TO TASK UNDER THIS
STATUTE!
''UNDER SECTION 10 (D) CD OF THE FEDERAL
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MR. KEITH OZMORE
WATER POLLUTION CONTROL ACT, AS AMENDED, THE
SECRETARY OF THE INTERIOR IS DIRECTED TO CALL
A POLLUTION ENFORCEMENT CONFERENCE, SUCH AS
THE ONE HELD RECENTLY IN NEW JERSEY. THE SECRE-
TARY IS DIRECTED TO CALL SUCH A CONFERENCE
WHEN 'HE FINDS THAT SUBSTANTIAL ECONOMIC INJURY
RESULTS FROM THE INABILITY TO MARKET SHELLFISH
OR SHELLFISH PRODUCTS IN INTERSTATE COMMERCE
BECAUSE OF POLLUTION.' I WOULD LIKE TO FORMALLY
REQUEST AT THIS MEETING THAT THE SECRETARY OF
THE INTERIOR CALL SUCH A POLLUTION ENFORCEMENT
CONFERENCE ON THE GALVESTON BAY ESTUARY SO THAT
ALL INFORMATION REGARDING THIS SITUATION bE
DEVELOPED FULLY.
"AGAIN, LET ME THANK YOU FOR THIS OPPOR-
TUNITY TO PRESENT A STATEMENT CONCERNING A PROB-
LEM WHICH IS SO IMPORTANT TO SO MANY PEOPLE ON
THE TEXAS GULF COAST.'1
THANK YOU.
MR. GALEGAR: THANK YOU, MR. OZMORE, AND WOULD YOU EX-
PRESS OUR APPRECIATION TO REPRESENTATIVE ECKHARDT
FOR HIS PREPARING THIS STATEMENT?
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WE WILL NOW PROCEED WITH OUR REGULAR
ORDER OF INTRODUCTION OF STATEMENTS. I WOULD
LIKE TO SAY THIS BEFORE I INTRODUCE THE CO-
CHAIRMAN FOR HIS STATEMENT. AS THE ORDER OF
PRESENTATION WOULD OCCUR, WE WOULD ASK THAT YOU
DO THIS FOR US:
ALL OF THE STATEMENTS THAT ARE MADE BE
INTRODUCED FROM THIS PLATFORM (INDICATING); IF
YOU HAVE A COPY OF YOUR STATEMENT WOULD YOU PLEASE
LEAVE ONE COPY WITH THE REPORTER; IF YOU HAVE
ADDITIONAL STATEMENTS--COPIES OF THE STATEMENT
WITH YOU AND WISH TO LEAVE THEM WITH US, WOULD
YOU PUT THEM ON THE BANISTER RIGHT HERE SO THAT
THEY MAY BE PICKED UP BY THOSE IN THE AUDIENCE
WHO DESIRE THEM?
AT THE CONCLUSION OF EACH STATEMENT WE
WILL ALLOW A BRIEF PERIOD FOR QUESTIONING, BOTH
FROM THE PANEL MEMBERS AND ALSO FROM THE AUDI-
ENCE.
NOW, THIS IS A PUBLIC MEETING FOR THE
ELICITATION OF INFORMATION AND NOT A FORUM, SO
WE WOULD LIKE TO HAVE ALL OF THE INFORMATION THAT
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WE MAY HAVE, BUT IT'S NOT A MEETING TO RESOLVE
ANY PARTICULAR QUESTION — BUT IT IS INFORMATION
THAT BOTH THE FEDERAL GOVERNMENT AND THE STATE
AND IN THE FUTURE WE WOULD HOPE THE LOCAL INTER-
ESTS WOULD MAKE USE OF IN THEIR PLANNING OF WHAT
WE ARE GOING TO DO WITH THE ESTUARINE AREAS.
NOW, AT THIS TIME I WOULD LIKE TO INTRO-
DUCE MY CO-CHAIRMAN FOR PRESENTATION AND INTRO-
DUCTION OF THE ONE WHO IS GOING TO PRESENT THE
STATEMENT FOR THE TEXAS WATER QUALITY BOARD, MR.
HUGH YANTIS.
MR. YANTIS: MR. CHAIRMAN, MR. SORRELS OF OUR STAFF
WILL READ A STATEMENT FROM OUR BOARD.
MR. SORRELS: MR. CHAIRMAN, LADIES AND GENTLEMEN, THE
STATEMENT IS DELIVERED BY THE TEXAS WATER QUALITY
BOARD TO THE PUBLIC MEETING HELD BY THE FEDERAL
WATER POLLUTION CONTROL ADMINISTRATION AT GALVES-
TON, TEXAS ON OCTOBER THE 8TH, 1968.
VALUE OF ESTUARINE WATERS: THE ESTUARINE
WATERS OF THE STATE OF TEXAS AND THE ASSOCIATED
SUBMERGED LANDS AND OTHER CONTIGUOUS LANDS,
MARSHES, AND SWAMPS, AND THE MINERAL RESOURCES
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MR. JOE SORRELS
BENEATH THEM, CONSTITUTE A MOST VALUABLE ASSET
TO THE STATE OF TEXAS AMD ITS LOCAL GOVERNMENTS
AND THE PEOPLE WITHIN THE STATE. EVEN THOUGH
THE WEALTH AND VALUE OF THIS NATURAL RESOURCE
HAS NOT BEEN FULLY INVENTORIED AND DEVELOPED,
THE PEOPLE OF TEXAS AND THEIR GOVERNMENTS RECOG-
NIZE THE VAST BENEFIT WHICH WISE USE OF THESE
RESOURCES CAN BESTOW. THE WATERS MAKE POSSIBLE
WATER TRANSPORTATION, PROVIDE SPAWNING AND NURS-
ERY AREAS FOR SPORTS AND COMMERCIAL FISHERIES,
PROVIDE NEEDED RECREATIONAL OPPORTUNITIES, PRO-
VIDE INDUSTRIAL WATER SUPPLIES, PROVIDE A MEANS
OF ASSIMILATING WASTES AFTER TREATMENT, CONSTI-
TUTE AN EXTENSIVE FISHERIES RESOURCE FOR BOTH
SHELLFISH AND FINFISH, AND ADD MATERIALLY IN AN
AESTHETIC SENSE, AND IN OTHER WAYS, TO THE TOUR-
IST POSSIBILITIES WITHIN THE STATE. THIS LIST-
ING IS PROLABLY NOT COMPLETE, AS THE WAYS IN
WHICH PEOPLE USE WATERS AP.E ALMOST ENDLESS. THE
SUBMERGED LANDS UNDERLYING THESE WATERS ARE THEM-
SELVES A RESOURCE OF GREAT VALUE. WITH PROPER
TECHNIQUES, SHELL AND MUD SHELL MAY BE MINED OR
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MR. JOE SORRELS
DREDGED WITHOUT UNACCEPTABLE HARM TO OTHER POR-
TIONS OF THE RESOURCE, AND AN EXTENSIVE OIL PRO-
DUCTION IS TAKEN FROM BENEATH THE SUBMERGED
LANDS. THE SHORE AND LAND AREAS BEYOND THE
SHORE ARE USED BY MAN FOR ALL OF HIS CUSTOMARY
USES, INCLUDING A TREMENDOUS INDUSTRIAL DEVELOP-
MENT RELATED IN LARGE PART TO THE AVAILABILITY
OF EXTENSIVE WATER TRANSPORTATION. MANY OF THE
LAND AREAS PRESENTLY UNDEVELOPED ARE RAPIDLY
BEING DEVELOPED FOR BOTH RESIDENTIAL AND INDUS-
TRIAL PURPOSES. MUCH OF THE PRESENTLY VACANT
LAND, SOME OF WHICH IS MARSHLAND, IS A WILDLIFE
RESOURCE OF CONSIDERABLE VALUE ALSO. NO ATTEMPT
TO INVENTORY FULLY ALL VALUES OF THE TEXAS COASTAL
AREA CAN POSSIBLY SUCCEED.
IN LISTING THE STATE'S ESTUARINE RESOURCES,
AND IN ATTEMPTING ANY EVALUATION OF THEM, IT
MUST BE RECOGNIZED THAT MANY OF THE ESTUARINE
RESOURCES REPRESENT PRIVATE PROPERTY. THERE-
FORE, GOVERNMENTAL PROGRAMS DEVELOPED TO ASSURE
THE DERIVATION OF THE MAXIMUM BENEFIT FROM THESE
RESOURCES SHOULD RESPECT PRIVATE INTERESTS AND
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MR. JOE SORRELS
PRIVATE PROPERTY. IN MANY INSTANCES, PRIVATE
INTERESTS MAY BE FULLY CAPABLE OF DEVELOPING
EXCELLENT RESOURCE DEVELOPMENTAL PROGRAMS.
THE PARTICIPATION IN THESE HEARINGS BY
THE STATE OF TEXAS AND ITS AGENCIES IS A RECOG-
NITION THAT ADDITIONAL INFORMATION AND UNDERSTAND-
ING OF THESE COASTAL AREAS IS VITALLY NECESSARY,
AND THE STATE GOVERNMENT AND LOCAL GOVERNMENTS
WITHIN THE STATE ARE SEEKING TO PROVIDE WAYS OF
OBTAINING THIS INFORMATION AND UNDERSTANDING,
BOTH IN COMPANY WITH THE FEDERAL GOVERNMENT AND
SEPARATELY, AS MAY BE APPROPRIATE.
POLICY OF THE STATE OF TEXAS: THE POLICY
OF THE STATE OF TEXAS WITH REGARD TO ITS COASTAL
AREAS CANNOT BE ENUNCIATED BY ANY SINGLE STATE
AGENCY, NOR HAS THERE BEEN A COMPREHENSIVE
POLICY DEVELOPED BY THE STATE THROUGH WHICH THE
STATE SPEAKS WITH A SINGLE VOICE. THE TEXAS
WATER QUALITY BOARD, IN MAKING THIS STATEMENT,
WISHES TO DRAW ATTENTION TO THE FACT THAT MANY
AGENCIES OF THE STATE HAVE THEIR OWN INTERESTS,
PROGRAMS, AND ACTIVITIES, AS DO MANY OF THE LOCAL
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MR. JOE SORRELS
GOVERNMENTS. IN ADDITION, AND THIS IS AS IT
SHOULD BE, THE OWNERS, WHERE THERE ARE PRIVATE
OWNERS, ARE SEEKING TO DEVELOP THEIR PROPERTIES
ALONG THE LINES OF THEIR OWN INTERESTS. ONE
POLICY OF THE STATE OF TEXAS, AS SET FORTH IN
THE TEXAS WATER QUALITY ACT OF 1967, IS TO MAIN-
TAIN THE QUALITY OF THE WATERS IN THIS STATE
CONSISTENT WITH THE PUBLIC HEALTH AND PUBLIC
ENJOYMENT THEREOF, THE PROPAGATION AND PROTEC-
TION OF FISH AND WILDLIFE, THE OPERATION OF
EXISTING INDUSTRIES, AND THE ECONOMIC DEVELOP-
MENT OF THE STATE.
IMPLEMENTATION OF THE WATER QUALITY
POLICY OF THE STATE: THE STATE OF TEXAS HAS
ESTABLISHED AND FUNDED A STRONG WATER QUALITY
AGENCY AND PROGRAM FOR THE WATERS IN THE STATE.
OTHER AGENCIES HAVING WATER QUALITY INTERESTS
AND COASTAL INTERESTS, SUCH AS THE TEXAS PARKS
AND WILDLIFE DEPARTMENT, STATE HEALTH DEPART-
MENT, TEXAS WATER DEVELOPMENT BOARD, TEXAS WATER
RIGHTS COMMISSION, COMMISSIONERS OF THE GENERAL
LAND OFFICE, TEXAS RAILROAD COMMISSION, THE
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MR. JOE SORRELS
STATE HIGHWAY DEPARTMENT, AND TEXAS TOURIST
AGENCY, AND MANY OTHERS, ARE PRESENTLY BEING
FUNDED AND ARE ACTIVE IN THEIR PROGRAMS ON AN
UNPRECEDENTED SCALE. FULL AND EFFECTIVE COOR-
DINATION AMONG THESE AGENCIES AND OTHERS IS
EFFECTUATED THROUGH THE DIVISION OF PLANNING
COORDINATION IN THE OFFICE OF THE GOVERNOR OF
TEXAS. IN ADDITION TO THE PROGRAMS OF THESE
AGENCIES, AND THE TEXAS WATER QUALITY BOARD DOES
NOT SPEAK FOR THEM, A PROGRAM HAS BEEN INITIATED
WHICH WILL, IT IS HOPED, LEAD TO A STRONG, COM-
PREHENSIVE ESTUARINE AND COASTAL STUDY FOR THE
ENTIRE TEXAS GULF COAST, PATTERNED, AS FAR AS
IS FEASIBLE, AFTER THE GALVESTON BAY STUDY,
WHICH IS PRESENTLY UNDERWAY.
THE STATE OF TEXAS HAS ADOPTED WATER
QUALITY REQUIREMENTS AND THESE ARE UNDER CON-
STANT REVIEW, AND HAS ESTABLISHED AN EXTENSIVE
MONITORING PROGRAM AS A BASIS FOR MAINTAINING
WATER QUALITY AT ASSIGNED LEVELS OR BETTER.
ALTHOUGH A RELATIVELY EXTENSIVE WATER QUALITY
MONITORING PROGRAM FOR THE ESTUARINE AREAS IS
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MR. JOE SORRELS
UNDERWAY, THIS EFFORT PRESENTLY CONSISTS OF
INDEPENDENT EFFORTS SPREAD AMONG SEVERAL AGEN-
CIES, INCLUDING SOME FEDERALAGENCIES. NEVER-
THELESS, EFFORTS ARE UNDERWAY, IN ADDITION TO
THE FOREGOING, TO STRENGTHEN THE SURVEILLANCE
AND MONITORING PROGRAM ALONG THE COAST. THE
"PERMIT SYSTEM" IS PRESENTLY IN FULL EFFECT
WITH, INSOFAR AS IS KNOWN, ALL OF THE MAJOR
WASTEWATER DISCHARGES BEING REGULATED BY PERMIT.
A CONTINUAL SEARCH IS CONDUCTED FOR UNPERMITTED
WASTEWATER DISCHARGES. THE DISCHARGES COVERED
BY PERMIT ARE INSPECTED AND TESTED AT PERIODIC
INTERVALS TO INSURE THAT THE PERMITTEE IS COM-
PLYING WITH THE PROVISIONS OF THE PERMIT. IF
THE PERMIT IS BEING VIOLATED, CORRECTIVE ACTION
IS INSTITUTED. IN THE AREA OF PROMOTIONAL
EFFORT AS OPPOSED TO RL'GULATORY ACTS, THE BOARD
13 WORKING V/ITH LOCAL GOVERNMENT AND INDUSTRY
TO PROVIDE AREA-WIDE, WELL-MANAGED AND OPERATED
WASTE DISPOSAL SYSTEMS TO MINIMIZE THE QUANTITY
OF POLLUTANTS WHICH MUST BE DISCHARGED. PLAN-
NING GRANTS HAVE BEEN AWARDED TO LOCAL GOVERNMENTS
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23
MR. JOE SORRELS
TO ENCOURAGE SUCH DEVELOPMENTS. ALSO, THE BOARD
HAS FINANCED STUDIES DESIGNED TO IMPROVE OUR
TECHNICAL COMPETENCY IN MINIMIZING THE QUANTITY
OF POLLUTANTS DISCHARGED i3Y CERTAIN INDUSTRIES -
IN PARTICULAR, THE CATTLE FEEDING INDUSTRY. A
STATE UNIVERSITY HAS BEEN APPROPRIATED FUNDS
FOR PULP AND PAPER WASTE RESEARCH.
IN ADDITION TO THESE TOOLS, THE TEXAS
WATER QUALITY BOARD, AS A MEMBER OF THE COASTAL
STUDY COMMITTEE OF THE NATURAL RESOURCES COUNCIL,
PLANNING AGENCY COUNCIL FOR TEXAS, IS STUDYING,
ALONG WITH THE OTHER MEMBERS OF THIS COMMITTEE,
THE DESIRABILITY OF THE STATE ENGAGING IN A
BROAD SCOPE SURVEY OF ALL THE CSTUARINC RESOURCES
OF THE STATE - THEIR VALUE, PROBLEMS, AND MANAGE-
MENT. THIS SURVEY, IF UNDERTAKEN, WOULD bE
AIMED AT PROVIDING i-'ANAGuf SENT DATA AND PROCE-
DURES .
ESTUARINE WATER QUALITY PROBLEMS IN TEXAS
TWO ESTUARINE WATER QUALITY PROBLEMS OF MAGNI-
TUDE ARE KNOWN TO EXIST IN THE STATE OF TEXAS -
THE GALVESTON BAY COMPLEX (PRIMARILY THE HOUSTON
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2H
MR. JOC SORRELS
SHIP CHANNEL), AND THE SABINE LAKE COMPLEX
(PRIMARILY THE NECHES RIVER ESTUARY). IN BOTH
CASES, THE TEXAS WATER QUALITY BOARD HAS IN
PROGRESS THE NECESSARY STUDIES TO PROPERLY COPE
WITH THESE PROBLEMS.
THE GALVESTON BAY STUDY IS A BROAD-
BASED STUDY DESIGNED TO PROVIDE THE FACTUAL DATA
AND A MANAGEMENT SCHEME (CONSISTENT WITH THE
PUBLIC INTEREST AND THE STATE LEGAL AND POLITICAL
FRAMEWORK) TO ENABLE THE GALVESTON BAY COMPLEX
TO BE MANAGED IN SUCH A WAY AS TO PROTECT THE
BAY FOR ALL BENEFICIAL USES AND TO PERMIT THE
ENLIGHTENED DEVELOPMENT OF THIS RESOURCE. THE
FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
IS PARTICIPATING FINANCIALLY IN THIS STUDY.
IT IS ANTICIPATED THAT THIS STUDY WILL PROVIDE
METHODOLOGY FOR THL STUDY OF OTHER ESTUARIES
ALONG THL GULF COAST.
THE NECHES RIVLR ESTUARY STUDY IS DESIGNED
TO DEVELOP A PREDICTIVE WATER QUALITY MATHEMATI-
CAL MODEL OF THE ESTUARY TO PROVIDE THE BOARD
WITH A RATIONAL BASIS FOR THE REGULATION OF
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25
MR. JOE SORRELS
WASTE DISCHARGES TO THIS ESTUARY. UPON THE
PROVISION OF THIS RATIONAL BASE, THE BOARD WILL
INITIATE A PROGRAM DESIGNED TO ENHANCE THE QUAL-
ITY OF WATER PRESENT IN THE NECHES RIVER ESTUARY.
OTHER ESTUARINE STUDIES ARE FULLY JUSTI-
FIED, BUT THE TWO MENTIONED ARE CONSIDERED TO
HAVE THE FIRST PRIORITY.
ESTUARINE WATER MANAGEMENT: THE STUDY
BEING CONDUCTED IN THE GALVESTON BAY COMPLEX IS
A PIONEERING EFFORT, BEING, INSOFAR AS IS KNOWN,
THE FIRST STUDY OF THIS TYPE CONDUCTED ON THE
GULF COAST. THIS STUDY, DEVELOPED WITH THE
ASSISTANCE OF TEXAS ASM UNIVERSITY, THE UNIVER-
SITY OF TEXAS, AND TEXAS TECHNOLOGICAL COLLEGE,
WILL PROVIDE THE METHODOLOGY REQUIRED TO PROP-
ERLY MANAGE A GULF COAST ESTUARY COMPLEX. THE
TALENT ASSEMBLED DURING T.iE DEVELOPMENT OF THIS
STUDY AND FOR ITS CONDUCT PROVIDES THE TEXAS
WATER QUALITY BOARD WITH OUTSTANDING AND UNIQUE
RESOURCES TO COPE WITH THE PROBLEM OF ESTUARY
MANAGEMENT.
WITH THE TALENT AND METHODOLOGY GAINED
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2b
MR. JOE SORRELS
FROM THE GALVESTON BAY STUDY TO PROVIDE A
RATIONAL BASIS FOR MANAGEMENT AND THE PROVEN
WATER QUALITY MANAGEMENT TOOLS AVAILABLE TO THE
BOARD TO EFFECTUATE ITS DECISIONS, THE TEXAS
WATER QUALITY BOARD IS FULLY QUALIFIED TO MANAGE
THE ESTUARINE WATERS OF THE STATE OF TEXAS IN
AND FOR THE INTEREST OF THE CITIZENS OF THE
STATE.
PARTICIPATION BY LOCAL INTERESTS IN
ESTUARINE WATER QUALITY MANAGEMENT DECISIONS:
CENTRAL TO THE POLICY OF THE TEXAS WATER QUALITY
30ARD IS THE PROTECTION OF BOTH WATER QUALITY
AND THE INTEREST OF LOCAL AREAS IN THE ENLIGHTENED
DEVELOPMENT AND UTILIZATION OF THEIR ESTUARINE
RESOURCES. TO EFFECT THIS POLICY, THE ACT ES-
TABLISHING THE TEXAS WATER QUALITY BOARD AND THE
RULES AND REGULATIONS ADOPTED 3Y THE BOARD PUR-
SUANT TO THE ACT REQUIRES THE FULL UTILIZATION
OF PUBLIC HEARINGS AND MEETINGS WHERE ALL REGULA-
TORY ACTS ARE MADE IN OPEN PUBLIC MEETINGS AFTER
A FULL DISCUSSION BY ALL INTERESTED GROUPS OR
CITIZENS. IN LINE WITH THIS POLICY, WE WOULD
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27
MR. JOE SORRELS
EARNESTLY ENCOURAGE ALL PERSONS HAVING TESTI-
MONY PERTINENT TO THE SUBJECT BEING DISCUSSED
HERE TODAY TO MAKE HIS VIEWS AVAILABLE TO THE
TEXAS WATER QUALITY BOARD AND THE FEDERAL WATER
POLLUTION CONTROL ADMINISTRATION.
CONCLUSION: IN CLOSING, THE TEXAS WATER
QUALITY BOARD FEELS THAT IT IS EXPRESSING THE
VIEW OF THE GOVERNMENT OF THE STATE OF TEXAS,
ITS LOCAL GOVERNMENTS, AND ITS PEOPLE WHEN IT
STATES THAT THE EFFORT BEING INITIATED BY THE
FEDERAL GOVERNMENT IN THESE HEARINGS IS A GOOD
ONE WHICH SHOULD BE CARRIED THROUGH TO A SUCCESS-
FUL CONCLUSION IN THE INTEREST OF THE PEOPLE
OF THE COUNTRY. A GREAT DEAL OF INFORMATION AND
UNDERSTANDING WILL UNDOUBTEDLY BE GAINED THROUGH
THIS SERIES OF HEARINGS, AND THE ASSOCIATED TECH-
NICAL AND OTHER WORK WHICH WILL ALSO BE CARRIED
OUT. NEVERTHELESS, IT IS Till VIE',,' OF THE TEXAS
WATER QUALITY BOARD THAT THE PRIMARY RESPONSI-
BILITY FOR DEVELOPING POLICIES AND PROGRAMS FOR
THE COASTAL AREAS OF THE STATE RESTS WITH THE
STATE AND ITS LOCAL GOVERNMENTS AND ITS PRIVATE
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28
MR. JOE SORRELS
CITIZENS.
THANK YOU.
COLONEL BENDER: MR. CHAIRMAN AND PANEL MEMBERS, i
DON'T HAVE A FORMAL STATEMENT; HOWEVER, I DO
HAVE ONE IN MY OFFICE WHICH I WILL SEND TO YOU
AND IT WILL ELABORATE CONSIDERABLY ON WHAT I
WILL SAY NOW.
MR. SORRELS MENTIONED VERY BRIEFLY THE
GALVESTON BAY STUDY AND IT'S THE THREE-YEAR
STUDY WHICH WE ARE UNDERTAKING, AND ONE-THIRD
OF THE TIME HAS ALREADY SLIPPED BY, HOWEVER, WE
DO HAVE A CONSIDERABLE AMOUNT OF INFORMATION AND
WE HAVE GONE INTO A CONSIDERABLE AMOUNT OF EFFORT
DURING THAT ONE-YEAR PERIOD.
MR. SORRELS MENTIONED THE OBJECTIVE OF
THE GALVESTON BAY STUDY. WE ALL KNOW THAT THERE
IS A LIMITED SUPPLY OF FRESH WATER COMING INTO
THE GALVESTON BAY SYSTEM. THERE ARE MANY, MANY
VARIED USES OF THE WATERS OF THE GALVESTON BAY
SYSTEM AND, THEREFORE, OBVIOUSLY WE NEED A MAN-
AGEMENT PROGRAM IF THE OPTIMUM MANAGEMENT IS TO
BE ACQUIRED OR TO SE DEVELOPED FOR THIS SYSTEM
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29
COLONEL FRANK BENDER
OF WATERS.
WE NEED A TECHNICALLY FEASIBLE PLAN AND
FINANCIAL AND INSTITUTIONAL ARRANGEMENTS FOR
THE IMPLEMENTATION OF THIS PLAN, AND IN THE END
THIS IS WHAT THE GALVESTON BAY STUDY IS TO PRO-
DUCE TO GIVE TO A MANAGEMENT ORGANIZATION.
THE GALVESTON BAY STUDY, AS MENTIONED,
IS A THREE-YEAR STUDY OF THE IMPACT OF MUNICIPAL,
INDUSTRIAL AND AGRICULTURAL POLLUTION LOADS ON
THE GALVESTON BAY SYSTEM. IT IS TO DESIGN A
WATER QUALITY MANAGEMENT PLAN FOR ALL WATER USES
AND IT, OF COURSE, DURING THE THREE-YEAR PERIOD
WILL PRODUCE INPUTS, AS WE GO ALONG AND AS WE
DEVELOP INFORMATION, TO THE TEXAS WATER QUALITY
BOARD, FOR WHOM I WORK.
KNOWING THE IMPACT OF THE VARIOUS LOADS
ON THE GALVESTON BAY SYSTEM WE MUST DETERMINE IN
THE END THE FRESH WATER INFLOW TO ASSURE THE
ECOLOGY OF THIS BAY; WE MUST EVALUATE THE COST
OF ACHIEVING VARIED INCREMENTS OF WATER QUALITY
TO ASSURE THAT THE PEOPLE IN THIS AREA WILL
SUPPORT THIS MANAGEMENT PLAN; WE MUST DETERMINE
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30
COLONEL FRANK BENDER
THE SOCIAL BENEFITS THAT ACCRUE FROM EACH OF
THESE INCREMENTS OF WATER QUALITY; WE MUST
DETERMINE THE BENEFIT TO MARINE LIFE IN THE
GALVESTON BAY SYSTEM WITH EACH INCREMENT AND WE
MUST DETERMINE THE OPTIMUM MANAGEMENT PROGRAM TO
PRODUCE, AS I MENTIONED, A TOOL FOR AN AUTHORITY
TO BE DEVELOPED. WHEN WE DEVELOPED THIS OFFICE--
WHEN WE BUILT THIS OFFICE WE KNEW THAT WE COULDN'T
STAFF AN OFFICE WITH THE QUALIFIED PERSONNEL TO
DIG INTO ALL THE DIVERSE DISCIPLINES THAT ARE RE-
QUIRED IN SUCH A STUDY, TO GIVE IT THE BROAD BASE
THAT IT REQUIRES, THEREFORE, WE HAVE A VERY SMALL
MANAGEMENT OFFICE OF THREE PERSONNEL, INCLUDING
THE SECRETARY, AND WE DO ALL OUR WORK BY CONTRACT
OR BY HELP FROM OTHER FEDERAL AGENCIES.
I WOULD JUST LIKE TO SAY SOME OF THE
PROGRESS THAT THESE CONTRACTORS ARE MAKING.
THE FIRST CONTRACT THAT WE MADE ON SEP-
TEMBER 1ST LAST YEAR WAS WITH THE JO I NT-VENTURE
OF TWO ENGINEERING FIRMS, TURNER, COLLIE S
BRADEN AND BERNARD JOHNSON, HOUSTON-BASED FIRMS,
AND THEY, IN ESSENCE, ARE MY RIGHT ARM IN THE
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31
COLONEL FRANK BENDER
DEVELOPMENT AND MANAGEMENT OF THIS PROGRAM.
THEY ARE MY TECHNICAL HELP TO ASSURE THAT WE
LEAVE NO STONES UNTURNED, THAT WE DEVELOP THIS
STUDY THROUGH ALL THE DISCIPLINES THAT ARE RE-
QUIRED.
THE JOINT VENTURE THEN HELPS ME WRITE
THE REPORT TO HELP ME MONITOR THIS PROGRAM; IT
HELPS ME TO DEVISE THE DIAGRAM—THE SCHEDULE ON
WHICH ALL INFORMATION HAS TO BE DEVELOPED, SO
THAT AS WE GO THROUGH THIS THREE-YEAR PERIOD
INFORMATION BECOMES AVAILABLE FOR THE USE OF
OTHERS WHO ARE WORKING POSSIBLY IN OTHER CITIES
IN THE GALVESTON BAY STUDY.
SO MUCH FOR THE JOINT VENTURE.
WE ARE WELL ALONG THE WAY. THEY HAVE
HELPED REMODEL — OR, REDEFINE, RESCOPE OUR ORIGI-
NAL BLUEPRINT WHIC.i, AS JOC SORRELS SAID, './AS
DEVELOPED BY THREE UNIVERSITIES HERE IN TEXAS.
THE NEXT CONTRACT WAS LET WITH TRAYCOR,
WHO ARE RESPONS I RLE FOR THE VERY MATHEMATICAL
MODELS THAT WILL dE REQUIRED AS A MANAGEMENT
TOOL FOR THE AUTHORITY, OR IF THERE IS NO
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32
COLONEL FRANK BENDER
AUTHORITY, FOR THE TEXAS WATER QUALITY BOARD
PROBABLY TO ENFORCE.
THERE WILL BE HYDROLOGIC, CHEMICAL
AND BIOLOGIC MODELS TO PRODUCE THE RESPONSES
AND TO PREDICT THE RESPONSES OF THE GALVESTON
BAY SYSTEM ON THE VERY LOADS FROM MUNICIPALITIES,
FROM INDUSTRIES AND FROM AGRICULTURAL SOURCES.
IT WILL DETERMINE THE TRANSPORT PATTERNS; IT
WILL EVALUATE THE EFFECT OF RETURN FLOWS, IT
WILL EVALUATE THE PHYSIOGRAPHIC CHANGES, THE
VARIOUS--THE BUILDINGS—THE ACTUAL PHYSICAL
CHANGES THAT ARE INTRODUCED INTO THE BAY SYSTEM.
THEN IT WILL DESIGN THE OPTIMIZATION
MODEL WHICH WILL OPTIMIZE THE VARIOUS OTHER MODELS
THAT ARE CREATED BY TRAYCOR.
TRAYCOR IS ALSO RESPONSIBLE FOR THE
DEVELOPMENT OF OUR DATA-GATHERING AND RETRIEVAL
SYSTEMS, BECAUSE ALL AGENCIES THAT ARE INVOLVED
IN THE GALVESTON BAY STUDY MUST BE ASSURED THAT
THEY HAVE ALL THE INFORMATION THAT IS AVAILABLE
ON WHICH THEY BUILD THEIR PLANS AND BY WHICH THEY
COME TO THEIR CONCLUSIONS.
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33
COLONEL FRANK BENDER
TRAYCOR'S PHASE-ONE PROGRESS—WHICH IS
THE FISCAL YEAR JUST PASSED--THE PROGRESS INDI-
CATES THAT WE KNOW THAT TYPES OF MODELS WE WANT
TO USE, THE VARIOUS EQUATIONS THAT MUST GO INTO
THESE MODELS; THEY HAVE DEVELOPED THE HYDRAULIC
MODELS. WE KNOW THAT THE PARAMETERS OF INFORMA-
TION THAT WE NEED FROM OUR SAMPLING PROGRAM,
WHICH WAS DEVELOPED BY TRAYCOR WITH THE HELP OF
OTHERS IN THE PROGRAM; WE KNOW THE DATA-STORAGE
AND RETRIEVAL SYSTEM. WE HAVE SELECTED THE TYPE
THAT WE ARE GOING TO USE AND THE PROGRAM HAS BEEN
SPECIFIED; OUR SAMPLING PROGRAM HAS BEEN ESTAB-
LISHED.
INITIALLY MY OFFICE WAS DOING THE SAMPLING
THROUGH THE USE OF LEASED BOATS, THROUGH THE USE
OF A BOAT WE BORROWED FRO.'l THE BUREAU OF COMMER-
CIAL FISHERIES AND THROUGH TWO BOATS THAT WERE
SUPPLIED BY THE TEXAS A £ M UNIVERSITY.
STARTING THIS MONTH THE CORPS OF ENGINEERS
WILL TAKE OVER OUR SAMPLING PROGRAM. THEY HAVE
DEVELOPED THEIR EQUIPMENT. THEY HAVE TilE EQUIP-
MENT NECESSARY NOW AND THEY WILL START ON THE
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COLONEL FRANK BENDER
15TH OF THIS MONTH TO DO THEIR SAMPLING PROGRAM.
THE SAMPLING PROGRAMS ARE DONE ONCE A
MONTH. THERE ARE 35 STATIONS, BOTH IN SHALLOW
AND DEEP WATER, AND EACH OF THESE STATIONS MUST
BE HIT AT AN EXACT TIME--THE TIME OF HIGH SLACK
TIDE PERIODS WHICH, OF COURSE, CHANGES FROM THE
MOUTH OF THE BAY THROUGHOUT THE VARIOUS PARTS OF
THE BAY. SO IT'S A RATHER DETAILED PROGRAM WHICH
WE ARE EMBARKED ON.
THE ANALYSIS PROGRAM IS BEING ACCOMPLISHED
BY THE STATE DEPARTMENT OF HEALTH UNDER CONTRACT.
THE MONEY FOR THIS IS BEING SUPPLIED BY THE FED-
ERAL WATER POLLUTION CONTROL ADMINISTRATION ON A
GRANT, OR THROUGH THEIR AVAILABLE FEDERAL MONEY
TO ANALYZE THE VARIOUS SAMPLES THAT ARE TAKEN IN
THE CALVES TON BAY SYSTEM.
ADDITIONAL SAMPLING WILL BE INCLUDED AS
THE CORPS OF ENGINEERS GITS NEW EQUIPMENT TO
STATION EQUIPMENT OUT AT VARIOUS PARTS IN THE
BAY TO GET HIGH-FREQUENCY INFORMATION; THAT IS,
INFORMATION EVERY 30 MINUTES DURING VARIOUS
TIDAL CYCLES.
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35
COLONEL FRANK BENDER
THE NEXT CONTRACT THAT WE LET WAS WITH
DRS. ECKENFELDER AND REYNOLDS OF THE UNIVERSITY
OF TEXAS AND TEXAS ASM, AND THEY ARE INVOLVED
IN REACTION-CONSTANT STUDIES IN ORDER TO DETER-
MINE THE ASSIMILATED CAPACITY OR RATE ON WHICH
POLLUTANTS ARE TO BE GRADED CY OTHERS IN THE
WATERS AS THE EFFLUENTS R.IACH THE VARIOUS PARTS
OF THE GALVESTON BAY SYSTEM. THEY ARE WELL ON
THEIR WAY IN THEIR STUDIES; THEY ARE MAKING
DETAILED STUDIES OF THE EFFLUENTS OF SEVEN MAIN,
PRIMARY INDUSTRIES UP AND DOWN THE CHANNEL, AND
THESE INDUSTRIES ARE SELECTED BECAUSE OF THEIR
VERY TYPES OF EFFLUENTS.
AND, INCIDENTALLY, WE ARE HAVING A MEET-
ING WITH 35 OF THE PRIMARY INDUSTRIES TOMORROW
DOWN AT THE PETRO-TEX PLANT TO GO INTO MORE DE-
TAILS SO THAT WE CAN GET CLOSER TO INDUSTRY IN
THE AREA, WHICH I MIGHT SAY AT THIS POINT HAS
BEEN MOST GENEROUS TO US AND MOST COOPERATIVE
IN OUR GALVESTON BAY STUDY AND WE ARE LOOKING
FORWARD TO GETTING EVEN MORE INFORMATION FROM
INDUSTRY.
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36
COLONEL FRANK BENDER
NEXT, OUR ECONOMIC 3ASE STUDIES, WHICH
ARE BEING DEVELOPED 6Y DR. ARBENGAST OF THE
UNIVERSITY OF TEXAS AND DR. BRADLEY—OR, PROFES-
SOR BRADLEY OF TEXAS A £ cl, AND THEY ARE INVOLVED
IN THE VARIOUS ECONOMIC BASE STUDIES SINCE WATER
QUALITY PROBLEMS RESULT FROM ECONOMIC DEVELOPMENT
THROUGHOUT THIS AREA.
THEY HAVE BEGUN THEIR STUDIES ON POPULA-
TION CHARACTERISTICS, MINERAL, AGRICULTURAL,
FOREST, MARINE, WATER RESOURCES, PRESENT AND
FUTURE MANUFACTURING IN INDUSTRY, GROWTH PROS-
PECTS AND FINANCE. IT'S A VERY DETAILED STUDY
AND SOME OF YOU WHO ARE IN INDUSTRY MAY HAVE BEEN
INTERVIEWED BY THEIR PERSONNEL, WHO ARE PHYSIC-
ALLY INTERVIEWING VARIED, SELECTIVE INDIVIDUALS
AND INDUSTRIES IN THE AREA AND ALSO HAVE QUITE
A WELL-DEFINED MAIL PROGRAM TO DEVELOP THEIR
STUDIES.
NEXT ARE THE LEGAL STUDIES BEING CARRIED
OUT 3Y PROFESSOR CORWIN JOHNSON OF THE UNIVERSITY
OF TEXAS, BECAUSE OBVIOUSLY AS WE GO DOWN THE
ROAD THERE ARE GOING TO BE NUMEROUS LEGAL ObSTA-
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37
COLONEL FRANK BENDER
CLES THAT ARE GOING TO BE EVIDENCED AND INVOLVED
IN IMPLEMENTATION OF THE PLANS THAT WE TURN OVER
AT THE CONCLUSION OF THE STUDY.
WE ARE WORKING CLOSELY WITH THE HOUSTON-
GALVESTON AREA COUNCIL IN THE DEVELOPMENT OF LAND
USE STUDIES AND THE MONEY FROM THIS HAS COME FROM
THE STATE OF TEXAS IN A GRANT TO THE HOUSTON-
GALVESTON AREA COUNCIL, WHICH IS DEVELOPING CON-
TRACTS NOT ONLY FOR VARIOUS LAND-USE STUDIES BUT
FOR THE FIRST DEFINITION OF VARIOUS ALTERNATIVE
SYSTEMS THAT WE MIGHT USE IN THE CLEANUP OF THE
GALVESTON BAY SYSTEM.
WE ARE ABOUT TO EMBARK--NOW THAT WE ARE
IN OUR SECOND FISCAL YEAR—SECOND ACTUAL YEAR OF
OPERATION—ON BIOLOGICAL-ECOLOGICAL STUDIES AND
WE HAD A MEETING YESTERDAY TO FURTHER DEFINE
THE CONTRACT AND WHAT SHOULD BE IN THE CONTRACT
AND DEVELOP THE FIRST LETTERS OF AUTHORIZATION
ON WHICH WE CAN ALLOW THE CONTRACTOR TO SPEND
MONEY.
THIS YEAR WILL SEE A CONTINUATION OF
THE PRESENT STUDIES AND ACTIVITIES; IT WILL SEE
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38
COLONEL FRANK BENDER
THE REFINEMENTS OF OUR MODELING PROGRAM AND
THE VERIFICATION OF THE MATHEMATICAL MODELS
THAT HAVE BEEN PRODUCED. WE WILL BEGIN THE
OPTIMIZATION MODELS FOR PUTTING IN THE COST
FEATURES OF THE VARIOUS TYPES OF COST IMPACTS
ON THE DEVELOPMENT OF THE INCREMENTAL QUALITY
OF WATER.
WE WILL CONTINUE WITH OUR INDUSTRIAL
EFFLUENT STUDIES AND BASE AND DEFINITION; WE WILL
ESTABLISH OUR WATER QUALITY GOALS; WE WILL DO
WORK ON AGRICULTURAL RELEASES, ON FRESH WATER
POLLUTION FACTORS, ON URBAN RUNOFF CHARACTERIS-
TICS AND OTHER WASTE LOADINGS--THE IDENTIFICATION
OF OTHER WASTE LOADINGS THAT GO INTO THE GALVES-
TON BAY SYSTEM.
FOLLOWING THIS WE WILL DEVELOP THE ALTER-
NATIVE PLANS AND HAVE PUBLIC HEARINGS TO TRY THESE
PLANS ON THE PEOPLE IN THE AREA TO ASSURL THAT
WHAT WE ARE SUGGESTING THE LOCAL PEOPLE WILL
BUY IN THEIR LOGICAL CONCLUSIONS.
WE ALL KNOW THAT THE GALVESTON BAY STUDY,
BEING A THREE-YEAR STUDY, WILL NOT BE THE END.
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39
COLONEL FRANK BENDER
WE ARE NOT A STUDY TO RECOMMEND ANOTHER STUDY
BE MADE, BUT WE ARE A STUDY TO COME UP WITH
THE FINAL CONCLUSION BASED ON INFORMATION WE
HAVE NOW.
AS TIME GOES ON AND OTHER INFORMATION
BECOMES AVAILABLE WE WILL THEN TAKE THIS INFOR-
MATION, CRANK IT INTO THE MATHEMATICAL MODELS
THAT ARE ALREADY DEVELOPED AND REFINE AND REFINE
AND REFINE AS YEARS GO ON AND CONDITIONS CHANGE.
I AM GLAD, MR. GALEGAR, THAT I HAD THIS
OPPORTUNITY TO VERY BRIEFLY TELL YOU WHAT THE
GALVESTON BAY STUDY IS DOING AND WILL FORWARD TO
YOU A WRITTEN STATEMENT COVERING THIS IN MORE
DETAIL.
THANK YOU.
MR. GALEGAR: THANK YOU, FRANK, FOR THAT MOST EXCELLENT
PRESENTATION AND REVIEW. I CANNOT HELP 3UT RE-
HARK THAT THIS STUDY, WHICH IS UNDERTAKEN oY THE
TEXAS WATER QUALITY BOARD, IS A REAL MAJOR EFFORT
AND THE EXECUTIVE SECTION KNOWS THIS AND FRANK
KNOWS THIS VERY WELL, AND IT'S GOING TO TAKE A
LOT OF PUSHING ON THE WHEELS TO GET THIS WAGON
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'fO
OUT OF THE MIRE; AND I AM SURE HE IS GOING TO
APPRECIATE ANY HELP THAT YOU CAN GIVE HIM AND
MR. YANT IS WILL DO THE SAME.
BUT THIS IS A REAL COMPREHENSIVE EFFORT
AND FOR ANY OF YOU THAT ARE LOOKING FOR SOMETHING
TO DO--SOME PLACE TO CONTRIBUTE--! WOULD ENCOUR-
AGE YOU TO MAKE CONTACT WITH THESE TWO INDIVIDUALS
VERY BRIEFLY, MR. YANTIS SAID THAT HE
WILL ANSWER ANY QUESTIONS CONCERNING MR. JOE
SORRELS' PRESENTATION, OR MR. SORRELS, AS THE
CASE MAY BE, OR FRANK.
WE WILL ALLOW A MOMENT HERE TO SEE IF
THERE ARE ANY QUESTIONS OR IF YOU WOULD PREFER
TO TALK TO EACH OF THESE INDIVIDUALS AFTER WE
RECESS, LATER IN THE EVENING.
SEEING NONE I WILL TAKE UP THE SUBJECT
THAT--
OH, PARDON ME. WE HAVE ONE HERE. I
AM SORRY. I DIDN'T SEE YOUR HAND UP.
MR. TENNEBONNE: i WOULD LIKE TO SAY ONE THING, OR ADD
ONE THING.
MR. GALEGAR: PARDON ME. MAY I ASK YOU TO DO ONE
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THING? WOULD YOU IDENTIFY YOURSELF?
MR. TENNEBONNE: MR. TENNEBONNE--ADOLPH S. TENNEBONNE.
ALL OF THESE STUDIES AND ALL OF THESE
FINDINGS THAT I FIND BY THE TON, THE INDIVIDUAL
HAS TO DIG THEM OUT. WHY AREN'T THEY PUBLIC
INFORMATION?...WHY AREN'T THEY PRINTED INFORMA-
TION FOR THE PUBLIC?
NOW, THIS STUDY, COLONEL BENDER SAID
THERE, HAS BEEN GOING ON FOR ONE YEAR. NOW,
TO DATE THERE IS NO PUBLIC INFORMATION TO THE
PUBLIC ON WHAT HAS GONE ON. THIS IS THE FIRST
I HAVE HEARD OF IT, AND IT'S BEEN IN OPERATION
FOR OVER A YEAR.
AS A MATTER OF FACT, I INQUIRED TO THE
ARMY ENGINEERS TO FIND OUT WHO WAS EVEN IN CHARGE
OF IT OR ANYTHING ELSE. NOBODY KNEW.
MR. YANTIS: I GUESS THE BEST ANSWER IS THE FACT THAT
YOU CAN FIND OUT ABOUT IT AT ALL SHOWS THAT IT'S
PUBLIC INFORMATION. IT'S BEEN IN MANY NEWS-
PAPERS; IT'S BEEN READILY AVAILABLE TO MANY,
MANY PEOPLE FOR A LONG, LONG TIME. I DO KNOW,
OF COURSE, THAT THERE IS AN OLD PROVERB AROUND
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OFFICES, "THERE IS ALWAYS SOMEONE WHO IS THE
LAST TO KNOW."
I REALIZE THAT YOU HAVE NOT KNOWN, BUT
YOU COULD HAVE KNOWN. I THINK THAT EVERYTHING
WE DO IS PUBLIC KNOWLEDGE. THE BOARD MEETINGS
THAT WE HAVE ARE PUBLIC AND OPEN, THE PUBLIC
HEARINGS THAT WE HAVE ARE PUBLIC AND OPEN. I
THINK THAT ANY INTERESTED CITIZEN CAN FIND OUT
AND I MUST POINT OUT, YOU, YOURSELF, DID FIND
OUT AFTER YOU TRIED TO.
MR. GALEGAR: ALL RIGHT. ANY OTHERS?
WE DO HAVE A STATEMENT OF PRESENTATIONS
TO BE MADE THIS MORNING AND THE ORDER IN WHICH
WE WILL CALL THOSE FORTH ARE THE FEDERAL AGEN-
CIES, OF WHICH THERE IS TWO--ONE WE HAVE HEARD--
THE CORPS OF ENGINEERS AND U. S. GEOLOGICAL
SURVEY, THE STATE AGENCIES—MY LIST INCLUDES
FOUR OF THESE; THEN THE POLLUTANT SUBDIVISIONS
BELOW THE STATE LEVEL, THE CITY AND COUNTY,
AND THEN FROM THERE ON WE WILL GO IN ORDER IN
WHICH THESE CARDS ARE PASSED UP TO ME, WHICH
ARE THE GROUPS AND THEN THE INDIVIDUALS.
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WE DO HAVE QUITE A NUMBER HERE, BUT I
WOULD LIKE TO ASSURE YOU THAT WE WILL STAY HERE
UNTIL WE HAVE HEARD FROM ALL WHO WISH TO BE
HEARD, EVEN IF IT'S NECESSARY FOR US TO CARRY
OVER UNTIL TOMORROW.
BUT BOTH THE STATE AND WE ARE ANXIOUS
TO HEAR ALL OF YOUR THOUGHTS, SO PLEASE BEAR WITH
US IF IT TURNS OUT TO BE A LITTLE BIT LONG. BUT
THESE ESTUARINES ARE IMPORTANT TO US INDIVIDUALLY
AND TO ALL OF THOSE DIVISIONS ABOVE THE INDIVIDUAL
AND WE CAN ONLY RECOMMEND AND DO WHAT YOU HAVE
PUT INTO THE RECORD.
SO WITH THAT, IF THERE ARE NO QUESTIONS
WE WILL GO TO THE FIRST FEDERAL SPEAKER WHO
HAS ASKED TO BE HEARD, WHO IS MR. S. B. MOON--
COLONEL S. B. MOON — PARDON ME--WHO IS THE DIS-
TRICT ENGINEER FOR THE DISTRICT LOCATED IN GAL-
VESTOM, TEXAS. COLONEL MOON.
COLONEL MOON: MR. GALEGAR, I AM COLONEL FRANKLIN 13.
MOON, DISTRICT ENGINEER FOP, THE CALVESTON DIS-
TRICT, CORPS OF ENGINEERS. I HAVE A BRIEF STATE-
MENT TO MAKE REGARDING THE FUNCTIONS OF THE
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COLONEL FRANKLIN B. MOON
CORPS OF ENGINEERS AS THEY RELATE TO THE PUR-
POSE OF THIS HEARING.
THE CORPS OF ENGINEERS HAS THREE BASIC
FUNCTIONS WHICH ARE PERTINENT. FIRST, THE
ADMINISTRATION OF THE RIVER AND HARBOR ACT OF
1899 WHICH REGULATES WORK BY PRIVATE INDUSTRY
AND INDIVIDUALS IN NAVIGABLE WATERS OF THE
UNITED STATES, INCLUDING CONSTRUCTION, DREDG-
ING, DEPOSITING OF MATERIALS, ETC. REGULATION
OF SUCH ACTIVITIES IS CONTROLLED BY A PERMIT
SYSTEM, WHICH I SHALL DISCUSS IN MORE DETAIL
LATER. SECOND IS THE EVALUATION, DESIGN, AND
CONSTRUCTION OF RIVER AND HARBOR, FLOOD CONTROL,
AND OTHER WATER RESOURCES PROJECTS IN THE BAYS,
ESTUARIES, AND TRIBUTARY STREAMS. THIRD IS
THE MAINTENANCE OF EXISTING NAVIGATION PROJECTS.
ALL OF THESE AFFECT IN SOME DEGREE THE CONDI-
TION OF THE BAYS AND ESTUARIES AND ALL HiPINGil
TO SOME DEGREE ON THE FUNCTIONS AND RESPONSIBILI-
TIES OF OTHER AGENCIES WHICH HAVE SPECIFIC
INTERESTS IN THE BAYS AND ESTUARIES.
THE ESTABLISHED POLICY OF THE CORPS
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COLONEL FRANKLIN B. MOON
OF ENGINEERS WITH RESPECT TO THESE FUNCTIONS
IS TO RECOGNIZE THE DIVERSE INTERESTS OF ALL
OTHER AGENCIES AND THE GENERAL PUBLIC AND, WHEN
CONFLICTING OPINIONS OR INTERESTS DEVELOP, TO
SEEK TO RECONCILE THEM IN THE BEST PUBLIC INTER-
EST. ADMITTEDLY, SOLUTIONS SATISFACTORY TO ALL
ARE NOT ALWAYS AVAILABLE, BUT A TRUE EFFORT IS
ALWAYS MADE TO FIND THEM.
RETURNING TO THE THREE FUNCTIONS MEN-
TIONED, I WILL SPEAK FIRST OF THE PERMIT SYSTEM.
NO ONE CAN LEGALLY BUILD IN, ALTER, OR DEPOSIT
IN NAVIGABLE WATERS WITHOUT THE EXPRESS PERMIS-
SION OF THE CORPS OF ENGINEERS. EACH PERMIT
APPLICATION IS PUBLICIZED NOT ONLY TO THE GENERAL
PUBLIC BUT ALSO TO ALL FEDERAL, STATE, AND LOCAL
GOVERNMENTAL AGENCIES HAVING INTEREST OR JURIS-
DICTION. OBJECTIONS TO THE PROPOSED PERMIT
ARE REFERRED BACK TO THE APPLICANT IN ORDER THAT
HIS PROPOSAL MAY BE MODIFIED TO ELIMINATE OoJEC-
TIONABLE ASPECTS. IN RECENT YEARS, WITH THE
INCREASING EMPHASIS ON WATER QUALITY AND MARINE
ECOLOGY, MORE DETAILED COORDINATION HAS DEVELOPED
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COLONEL FRANKLIN B. MOON
WITH STATE AND FEDERAL AGENCIES CONCERNED WITH
POLLUTION, WATER QUALITY, AND FISH AND WILDLIFE
RESOURCES. UNDER PRESENT PROCEDURES, FAILURE
TO RECONCILE DIFFERENCES IN THESE ASPECTS AT
THE LOCAL LEVEL REQUIRES REFERRAL OF THE ENTIRE
MATTER TO WASHINGTON FOR RECONCILIATION BETWEEN
THE SECRETARIES OF THE ARMY AND INTERIOR. SEV-
ERAL RECENT APPLICANTS FOR PERMITS WILL TESTIFY
NOT ONLY THAT THE PROCEDURES ARE LABORIOUS BUT
ALSO THAT EXTENSIVE EFFORTS ARE PUT FORTH TO
PROTECT THE ECOLOGY AND QUALITY OF BAY AND
ESTAURINE WATERS. THE SEVERAL PERMITS WHICH
HAVE RECENTLY BEEN GRANTED FOR DREDGING SHELL
IN GALVESTON AND SAN ANTONIO BAYS ARE EXCELLENT
EXAMPLES. IN EACH CASE THESE PERMITS WERE ISSUED
ONLY AFTER OBTAINING THE EXPRESS CONSENT OF THE
DEPARTMENT OF INTERIOR, AND THE BULK OF THE OPER-
ATING RESTRICTIONS INCORPORATED INTO THE PERMIT
DOCUMENTS WAS SUPPLIED BY THAT DEPARTMENT. THESE
RESTRICTIONS ARE OF COURSE DESIGNED TO PROTECT
THE VITAL ASPECTS OF THE ECOLOGY OF THE BAY
SYSTEMS.
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COLONEL FRANKLIN B. MOON
AS TO OUR SECOND RESPONSIBILITY, NEW
PROJECTS, NONE ARE CONCEIVED OR INITIATED BY
THE CORPS OF ENGINEERS. EACH IS SPONSORED BY
LOCAL INTERESTS AND THEIR POLITICAL REPRESENTA-
TIVES BASED ON A PUBLIC OR ECONOMIC NEED. IN
FORMULATING AND EVALUATING EACH PROJECT FOR
CONSIDERATION, NATURALLY WE HAVE THE RESPONSI-
BILITY FOR DEVELOPING THE MOST ECONOMICAL AND
FUNCTIONAL PROJECT TO SUIT THE INTENDED PURPOSE.
THIS RESPONSIBILITY IS TEMPERED BY AN EQUAL
RESPONSIBILITY FOR ENVIRONMENTAL CONSIDERATIONS.
WE CONSIDER AND EVALUATE, FOR EXAMPLE, POSSIBLE
ADVERSE EFFECTS ON FISH AND WILDLIFE HABITAT
AND INVESTIGATE MITIGATION MEASURES. NOWHERE
IS IT MORE ESSENTIAL THAT WE DO THIS AND IN NO
CASE IS THIS QUESTION RECEIVING MORE ATTENTION
THAN IN OUR CURRENT, VERY COMPLICATED AND COM-
PREHENSIVE STUDY AIMED AT PROVIDING HURRICANE
FLOOD PROTECTION TO THE ENTIRE TEXAS COAST.
THIS STUDY WAS AUTHORIZED LiY THE CONGRESS SEV-
ERAL YEARS AGO AND THt CURRENTLY MOST ACTIVE POR-
TION OF THE STUDY CONCERNS THE GALVESTON BAY COM-
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COLONEL FRANKLIN B. MOON
PLEX. THE ESTIMATED COST OF THE PROTECTIVE
WORKS FOR THIS AREA ALONE IS ABOUT $600 MILLION
AND MANY OF THESE MILLIONS ARE DIRECTLY ATTRIBUT-
ABLE TO THE PROVISION OF CONSERVATION MEASURES.
PROJECT EVALUATION AND DEVELOPMENT IS COORDINATED
EVERY STEP OF THE WAY WITH STATE AND FEDERAL
AGENCIES CONCERNED WITH WATER RESOURCES. COM-
PLETE DETAILS OF UNRECONCILED DIFFERENCES ARE
PRESENTED TO THE CONGRESS FOR CONSIDERATION
WITH THE REPORT ON THE PROJECT. TO THE EXTENT
POSSIBLE, THE CONGRESS HAS ALL THE PROS AND CONS
AVAILABLE FOR ITS CONSIDERATION OF THE PROJECT
WHEN IT DECIDES WHETHER OR NOT IT SHOULD BE
AUTHORIZED. AND WITH REGARD TO NEW PROJECTS,
ONE BASIC PRINCIPLE NEEDS TO BE STATED, UNDER-
STOOD, AND ACCEPTED IF WE ARE TO CONTINUE TO
DEVELOP AND CONTROL OUP WATER RESOURCES. PRO-
JECTS AFFECTING WATER RESOURCES CANNOT bE BUILT
WITHOUT CAUSING SOME CHANGE IN THE NATURAL STATE.
CHANGE MAY NOT BE ALL TO THE GOOD, AND NEED NOT
BE ALL TO THE BAD. IT IS IMPORTANT THAT ALL
EFFECTS, GOOD AND BAD, BE THOROUGHLY EVALUATED
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COLONEL FRANKLIN B. MOON
AND WEIGHED TOGETHER IN THE PUBLIC INTEREST,
AND I CAN UNEQUIVOCALLY STATE THAT THIS IS
EXACTLY THE AIM OF THE CORPS OF ENGINEERS.
THE THIRD FUNCTION, MAINTENANCE OF
EXISTING NAVIGATION PROJECTS, PRESENTS A PARTI-
CULAR PROBLEM. IT IS OBVIOUS THAT NAVIGATION
PROJECTS UPON WHICH HUGE INDUSTRIAL AND SHIPPING
COMPLEXES SUCH AS HOUSTON, CORPUS CHRISTI, TEXAS
CITY, FREEPORT, AND PORT ARTHUR DEPEND MUST BE
MAINTAINED. IT IS EVIDENT ALSO THAT THE SEDI-
MENT REMOVED FROM THESE CHANNELS MUST BE PUT
SOMEWHERE. TO THE EXTENT POSSIBLE, WE EITHER
PLACE IT IN CONFINED DISPOSAL AREAS OR CARRY IT
TO SEA WHERE IT CAN BE EFFECTIVELY DISPERSED.
IN ALL CASES THE IMPORTANCE OF MINIMIZING AD-
VERSE EFFECTS ON PUBLIC WATERS IS KEPT CLEARLY
IN MIND. ECONOMICAL AND PERFLCT SOLUTIONS CAN-
NOT ALWAYS BE FOUND, BUT WE HAVE A RESPONSIBILITY
TO SEEK THEM AND FIND THEM WHEREVER POSSIBLE.
ASIDE FROM THE THREE BASIC FUNCTIONS
MENTIONED, THE INTEREST OF THE CORPS OF ENGINEERS
IN WATER RESOURCES EXTENDS WELL BEYOND NARROW
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50
COLONEL FRANKLIN B. MOON
PROJECT BOUNDARIES, AND ITS CURRENT ACTIVITIES
EXTEND WELL BEYOND THE RELATIVELY NARROW MIS-
SION OF A CONSTRUCTION AGENCY. THIS IS ILLUS-
TRATED BY OUR CURRENT PARTICIPATION WITH THE
STATE OF TEXAS AND OTHER FEDERAL AGENCIES IN
TWO IMPORTANT SPECIAL STUDIES: FIRST, WITH THE
TEXAS WATER DEVELOPMENT BOARD IN THE STUDY OF
OPTIMUM STATE-WIDE DEVELOPMENT OF FRESH WATER
RESOURCES; AND, SECOND, WITH THE TEXAS WATER
QUALITY BOARD IN ITS GALVESTON BAY POLLUTION
STUDY. THE LATTER IS, OF COURSE, VERY RELEVANT
TO THE PURPOSES OF THIS HEARING.
AND AT THIS POINT, IT MIGHT BE APPRO-
PRIATE IF I COMMENT BRIEFLY ON ONE OF OUR LESS
WELL-KNOWN ACTIVITIES IN THE POLLUTION FIELD.
THE CORPS OF ENGINEERS IS INVOLVED IN CONTROL
OF" POLLUTION THROUGH ENFORCEMENT OF THE REFUSE
ACT (SECTION 13 OF T.HE RIVER 5 HARBOR ACT OF
3 MARCH 1899). THIS ACT PROHIBITS THE DEPOSIT
OF REFUSE OF ANY KIND, INCLUDING OIL, INTO
NAVIGABLE WATERS. WE RECOGNIZE THE REFUSE ACT
AS AN EFFECTIVE TOOL FOR CONTROLLING POLLUTION,
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51
COLONEL FRANKLIN B. MOON
•
AND IT IS OUR POLICY TO ASSURE ITS USE IN THE
PUBLIC INTEREST. OBSERVATION, DETECTION AND
INVESTIGATION OF INSTANCES OF POLLUTION IS,
FOR THE MOST PART, ACCOMPLISHED BY THE COAST
GUARD. THIS AGENCY THEN FURNISHES US A REPORT
OF THE INCIDENT WHICH INCLUDES THE NAMES OF
WITNESSES, ALL PERTINENT DETAILS, AND POSSIBLY
SAMPLES. UPON RECEIPT OF A REPORT CONCERNING
POLLUTION DISCHARGE, THE CORPS OF ENGINEERS
REVIEWS THE CASE FOR LEGAL SUFFICIENCY AND APPLI-
CABILITY OF THE REFUSE ACT AND FORWARDS THE MAT-
TER TO THE APPROPRIATE REPRESENTATIVE OF THE
DEPARTMENT OF JUSTICE FOR PROSECUTION. IN THE.
PORT AREAS OF THE GULF COAST, OIL POLLUTION FROM
30TI-I SHIPS AND SHORE INSTALLATIONS IS ONE OF
THE MORE COMMON POLLUTION PROBLEMS. IN THE PAST
T/,'ELVtZ MONTHS, WE HAVE FOR^ARDLD 44 CASES OF
REPORTED OIL POLLUTION IN THE HOUSTON SHIP CHAN-
NEL, CORPUS CHRISTI HARbOR, AND SAB INE-NECHES
WATERWAY ALONE. TO DATE, PENALTIES HAVE BEEN
COLLECTED IN 16 OF THESE CASES, RANGING FROM
THE MINIMUM FINE OF $500 TO THE MAXIMUM OF
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52
COLONEL FRANKLIN B. MOON
$2,500.
IT IS OUR HOPE AND INTENTION TO CON-
TINUE TO COOPERATE IN AND CONTRIBUTE CONSTRUC-
TIVELY TO ANY FUTURE ACTIVITIES WHICH PROMISE
TO PRESERVE AND ENHANCE OUR ESTUARINE WATERS.
MR. GALEGAR: THANK YOU, COLONEL. IF YOU DON'T MIND
WAITING JUST FOR A MOMENT.
LET ME ASK FIRST FROM MY PANEL MEMBERS,
DO YOU HAVE A QUESTION OF COLONEL MOON?
ARE THERE ANY QUESTIONS FROM THE AUDI-
ENCE?
WE HAVE ONE RIGHT HERE.
MR. TENNEBONNE: I AM JUST A STUPID FISHERMAN. PLEASE,
I WOULD LIKE TOASK A LOT OF QUESTIONS SO I CAN
BE EDUCATED.
WHY IS THE PENALTY OF THE LAW SO LOW?
NOW, ANSWER ME THAT.
MR. GALEGAR: PARDON ME, SIR. WILL YOU IDENTIFY YOUR-
SELF AGAIN FOR THE RECORD?
MR. TENNEBONNE: MR. TENNEBONNE.
COLONEL MOON: THANK YOU VERY MUCH, MR. TENNEBONNE,
FOR ASKING ME A QUESTION I KNOW THE ANSWER TO.
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53
THE PENALTY OF THE LAW IS SO LOW BECAUSE
THE CONGRESS MADE IT THAT WAY.
MR. GALEGAR: COLONEL, WE WISH TO THANK YOU FOR THIS
EXCELLENT STATEMENT AND YOU WILL BE PROVIDED A
COPY OF ALL OF THE TRANSCRIPT.
COLONEL MOON: THANK YOU, SIR.
MR. GALEGAR: A MOMENT AGO i GAVE YOU THE ORDER IN WHICH
WE WOULD PRESENT THINGS AND AS ALL RULES ARE
MADE TO HAVE SOME EXCEPTIONS, WE WILL HAVE AN
EXCEPTION TO THE ORDER IN WHICH I PRESENT IT.
AS THE CHAIRMAN, THERE ARE ALWAYS SOME
THINGS THAT HAPPEN TO YOU AND ONE OF THESE IS
A PARTICULARLY NICE ONE THAT HAPPENED TO ME AT
THIS MOMENT. THE HOST, THE MAYOR OF THE HOST
CITY WHICH WE ARE IN HAS ARRIVED HERE AND SO I
WOULD LIKE TO INTERRUPT THE SEQUENCE OF PRESENTA-
TIONS TO GIVE HIM TWO OPPORTUNITIES: ONE, TO
WELCOME US HERE AND THE SECOND ONE, WHILE HE IS
HERE, TO ALSO PRESENT THE STATEMENTS FOR THE
CITY OF GALVESTON.
AT THIS TIME I GIVE YOU MAYOR EDWARD
SCHREIBER.
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MAYOR EDWARD SCHREISER
MAYOR SCHREIBER: THANK YOU VERY MUCH. I HATED TO
BREAK INTO THE MIDDLE OF A PROGRAM, BUT I AM
GLAD I DID.
THE REASON I AM HERE A LITTLE BIT LATE,
IF YOU DON'T MIND, LADIES AND GENTLEMEN, IS THAT
I JUST GOT THROUGH HELPING TO PRESENT THE TWtNTY-
THIRD BILLIONTH POUND OF SUGAR TO MRS. I. H.
KEMPNER OF THE IMPERIAL SUGAR COMPANY.
HOWEVER, AT THIS TIME, MR. GALEGAR, AND
MEMBERS OF THE FEDERAL WATER POLLUTION CONTROL
ADMINISTRATION, I WANT TO SAY WELCOME TO GALVES-
TON AND TO OUR BEAUTIFUL CITY AND PARTICULARLY
TO A CITY THAT APPRECIATES THE FACT THAT YOU
GENTLEMEN ARE HERE CONCERNED ABOUT THE AFFAIRS
OF WATER POLLUTION IN OUR AREA AND IN OTHER
AREAS.
THE CITY OF GALVESTON HAS A SERIOUS
PROBLEM IN ENVIRONMENTAL CONTROL. IN A MAJOR
SENSE, THIS IS CAUSED BY THE FACT THAT WE ARE
AN ISLAND AND A RESORT CENTER. TO MAKE THE
ISLAND ATTRACTIVE TO TOURISTS, WE MUST DO EVERY-
THING IN OUR POWER TO IMPROVE THE APPEARANCE
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55
MAYOR EDWARD SCHREIBER
AND CONDITIONS ON THE ISLAND.
IN THE AREA OF WATER POLLUTION: GALVES-
TON IS VITALLY INTERESTED, AGAIN DUE TO THE
FACT THAT WE ARE SURROUNDED BY WATER. THE CITY
OF GALVESTON, WITH FEDERAL ASSISTANCE, HAS HIRED
A FIRM OF CONSULTING ENGINEERS TO MAKE AN INVEN-
TORY OF OUR SANITARY SEWER SYSTEM AND ALSO TO
MAKE RECOMMENDATIONS, WITH PRIORITIES, AS TO
HOW THE CITY SHOULD UPGRADE THIS SYSTEM. THIS
STUDY REPORT HAS JUST BEEN RECEIVED AND IT WILL
BE FOLLOWED AS RAPIDLY AS POSSIBLE SUBJECT ONLY
TO THE AVAILABILITY OF FUNDS. IN GENERAL, IT
RECOMMENDS NEW SANITARY MAINS IN THE OLDER AREAS
OF TOWN WHERE WE HAVE COMBINED SEWERS. IT RECOM-
MENDS PROJECTS TO UPGRADE THE EFFICIENCY OF TWO
OF OUR TREATMENT PLANTS. IT ALSO RECOMMENDS
TWO NEW PACKAGE PLANTS AND COLLECTION LINES IN
AREAS THAT ARE NOT SERVED BY SANITARY SEWER
SYSTEM. WE HAVE JUST COMPLETED A COLLECTION
SYSTEM ALONG TEICHMAN ROAD WHICH WILL ELIMINATE
THE EXISTING SEPTIC TANKS ALONG THE NORTH SHORE
OF OFFATS BAYOU. THE CITY, BY POLICY, WILL DO
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56
MAYOR EDWARD SCHREIBER
EVERYTHING POSSIBLE TO ELIMINATE ANY SOURCE
OF WATER POLLUTION FROM WITHIN THE CITY LIMITS.
FROM THE FOREGOING, I AM SURE THAT YOU
CAN SEE THAT WE ARE AWARE OF THE PROBLEMS THAT
AFFECT OUR ENVIRONMENT AND I CAN ASSURE YOU THAT
WE ARE CONSTANTLY STRIVING TO IMPROVE THE SITUA-
TION AND MAKE GALVESTON ISLAND A BETTER PLACE
ON WHICH TO LIVE OR VISIT.
MR. YANTIS: THE LAST TIME I WAS IN GALVESTON TO MAKE
ANY KIND OF A PUBLIC ADDRESS I NOTICED THAT THE
MAYOR HAD ON A RATHER UNIQUE TIE PIN. THIS IS
IT (INDICATING). YOU NOTICE I AM WEARING IT.
IT'S THE KEY TO THE CITY. THE MAYOR APPARENTLY
HAS A POCKETFUL OF THESE. HE IS WEARING ANOTHER
ONE. BUT BILL GALEGAR IS NOT.
(LAUGHTER).
MAYOR SCHREIBER: HOW OTHERWISE CAN YOU GET PUT ON A
SPOT LIKE THIS? HE DIDN'T KNOW THAT I WAS GOING
TO TAKE IT OFF AND SAY "MR. GALEGAR, ON BEHALF
OF THE PEOPLE OF GALVESTON I WANT TO PRESENT
YOU THE KEY TO THE CITY, WHICH IS A TIE CLASP.
(APPLAUSE).
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57
MR. GALEGAR: MAYOR, IN EXCHANGE--I CANNOT LET YOU GET
AWAY--I HAVE HEARD ABOUT TAKING THE SHIRT OFF
OF A FELLOW'S BACK, BUT I HAVE NEVER TAKEN A
TIE PIN, BUT SINCE YOU Akc NOW ONE OF US, LET
US PRESENT YOU WITH THE CLEAN WATER BUTTON,
WHICH ALSO CAN BE WORN AS A TIE CLASP IF YOU SO
WISH TO PIN IT ON.
MAYOR SCHREIBER: THANK YOU AND I WILL RIGHT THIS MIN-
UTE.
SAY, YOU KNOW, IT WORKS. THERE WE ARE.
THANK YOU VERY MUCH.
MR. GALEGAR: THANK YOU VERY MUCH, MR. MAYOR.
I NEVER KNOW WHEN I HAVE THESE PRIVI-
LEGES TO DO THIS JUST HOW MUCH ENJOYMENT THAT
I AM GOING TO GET, SINCE HUGH ALSO PROVIDES ME
SOME AND THE MAYOR HAS PROVIDED ME SOME ADDI-
TIONAL.
ALL RIGHT. NOW, WE SHALL NOW PROCEED
WITH THE REGULAR PROGRAM. THE NEXT SPEAK THAT
WE HAVE LISTED IS MR. TRIGG TWICHELL, U. S.
GEOLOGICAL SURVEY, WHO WILL PRESENT A STATEMENT
FOR HIS BUREAU.
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58
MR. TRIGG TWICHELL
#
MR. TWICHELL: MR. CHAIRMAN, MEMBERS OF YOUR COMMITTEE,
I WOULD LIKE TO INTRODUCE TWO MEMBERS OF MY
STAFF THAT ARE ASSOCIATED WITH ME IN ESTUARINE
STUDIES ON THE TEXAS COAST, ONE ROBERT SM*ITH
WHO IS IN CHARGE OF OUR SUB-OFFICE IN HOUSTON,
AND DAN HAHL, WHO IS THE PROJECT CHIEF OF THE
BAY AND ESTUARY STUDIES BEING CONDUCTED BY THE
GEOLOGICAL SURVEY.
I THINK MANY OF THE PEOPLE IN THIS ROOM
ARE ACQUAINTED WITH THE POSITION THE GEOLOGICAL
SURVEY HAS IN THIS OPERATION, BUT FOR THE BENE-
FIT OF THOSE WHO ARE NOT, I WOULD LIKE TO SAY
THAT THE ORGANIC ACT OF CONGRESS CREATED THE
GEOLOGICAL SURVEY. WE HAVE THE AUTHORIZATION TO
MAKE WATER RESOURCES INVESTIGATION OF THE UNITED
STATES. AND TO CONTINUALLY RE-EVALUATE THESE
AS DEVELOPMENT TAKES PLACE. SO AS A RESULT OF
THIS INVESTIGATIONS OF THE BAYS AND ESTUARIES
ARE NATURALLY A PART OF OUR OPERATION. WE ARE
NOT A MONITORING AGENCY, WE ARE COLLECTING
BASIC DATA TO BE USED BY OTHERS WHO HAVE THE
RESPONSIBILITY OF EVALUATING OR OF DEVELOPING
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59
MR. TRIGG TWICHELL
WAYS AND MEANS OF POLLUTION ABATEMENT AND ALSO
TO ASSIST THEM IN WATER MANAGEMENT, SO FAR AS
OUR AUTHORIZATIONS GO.
WE DO CONFINE OUR INVESTIGATIONS TO THE
STREAMS, THE MAJOR RIVERS OF THE STATE, AND THE
ESTUARIES THEMSELVES AND THE BAYS. NOW THE ONLY
PART THAT WE ARE PLAYING IN THE GALVESTON BAY
AND HOUSTON SHIP CHANNEL INVESTIGATION IS THAT
WE HAVE A LARGE HYDOLOGY PROGRAM IN THE IMMEDI-
ATE AREA OF HOUSTON, A.1D THROUGH THL COOPERATIVE
PROGRAM THAT WE HAVE WITH THE TEXAS STATE BOARD
OF WATER ENGINEERS, OR TEXAS WATcP. DCVE LOP! ,£: IT
oOARD, WE HAVE ADDED TO THAT PROGRAM A WATER
QUALITY NETWORK THAT IS A CONTINUOUS RECORD OF
WATER QUALITY THAT COMES OUT OF THE METROPOLITAN
AREA AND IS DISCHARGED IN THE HOUSTON SHIP CHAN-
NEL. WE HAVE A SIMILAR NETWORK OF WATER QUALITY
STATIONS OVER THE COASTAL STREAMS AND SOME OF
THESE ARE BEING ESTABLISHED TODAY.
OUR BIGGEST COOPERATOR IN THE STATE OF
TEXAS IS THE TEXAS WATER DEVELOPMENT BOARD, AND
WE HAVE WORKED WITH THAT AGENCY OR ITS PREDCCES-
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60
MR. TRIGG TWICHELL
SORS SINCE 1950.
IN SEPTEMBER 1967, THE U. S. GEOLOGICAL
SURVEY IN COOPERATION WITH THE TEXAS WATER DE-
VELOPMENT BOARD BEGAN AN APPRAISAL OF WATER
RESOURCES IN THE PRINCIPAL BAYS AMD ESTUARIES
ALONG THE TEXAS COAST — EXCEPTING GALVESTON BAY,
WHICH IS BEING STUDIED BY OTHER AGENCIES, AND
THE RIO GRANDE. OBJECTIVES OF THE STUDY ARE TO
DEFINE: CD THE OCCURRENCE, SOURCE, AND DIS-
TRIBUTION OF NUTRIENTS, (2) CURRENT PATTERNS,
DIRECTION, AND RATES OF MOVEMENT; (3) THE
PHYSICAL, ORGANIC, AND INORGANIC WATER QUALITY
PATTERNS; AND O) THE OCCURRENCE, QUANTITY, AND
DISPERSION OF FRESH WATER AND RETURN FLOWS
THROUGH THE BAYS AND ESTUARIES.
FIELD WORK ON THE BAYS AND ESTUARIES
STUDY WAS BEGUN SOMEWHAT EARLIER THAN HAD SEEN
PLANNED, BECAUSE OF THE OPPORTUNITY TO STUDY
CORPUS CHRISTI AND SAN ANTONIO BAYS UNDER THE
EXTRAORDINARY CONDITIONS OF FLOOD INFLOWS THAT
OCCURRED BECAUSE OF HURRICANE BEULAH. THE RE-
SULTS OF THIS STUDY HAVE BEEN PUBLISHED BY THE
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61
MR. TRIGG TWICHELL
TEXAS WATER DEVELOPMENT BOARD (GROZIER AND
OTHERS, 1968, P. 47-61).
WORK DONE IN 1968 FISCAL YEAR GENERALLY
WAS OF A RECONNAISSANCE NATURE. FIELD TECHNI-
QUES AND METHODS WERE DEVELOPED AND SOME BACK-
GROUND INFORMATION WAS OBTAINED FROM MOST OF
THE BAYS AND ESTUARIES. THE MAJOR EFFORT WAS
CONFINED TO THE SABINE-NECHES, LAVACA RIVER,
NUECES RIVER, AND GUADALUPE RIVER ESTUARIES.
HOWEVER, RECONNAISSANCE STUDIES WERE MADE ON
SOME OF THE OTHER ESTUARIES. THE FOLLOWING
LIST INDICATES THE ESTUARIES BEING STUDIED
AND THE NUMBER OF SURVEYS MADE ON EACH TO DATE.
ESTUARY NO. OF VISITS
SABINE-NECHES 6
BRAZOS RIVER 0
EAST MATAGORDA 0
COLORADO RIVER 1
LAVACA-TRES PALACIOS 3
GUADALUPE RIVER 3
MISSION-ARANSAS 1
NUECES RIVER 3
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62
MR. TRIGG TWICHELL
ESTUARY NO. OF VISITS
BAFFIN BAY 1
LAGUNA MADRE 1
IN ADDITION TO THESE STUDIES, A COOPERA-
TIVE, REMOTE-SENSING STUDY OF THE SAB INE-NECHES
ESTUARY WAS MADE IN SEPTEMBER 1968 BY THE U. S.
GEOLOGICAL SURVEY AND THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION. THE PURPOSE OF THIS
INVESTIGATION WAS TO TEST THE FEASIBILITY OF
USING REMOTE SENSING TO STUDY WATER QUALITY AND
FLOW CHARACTERISTICS IN THE BAYS AND ESTUARIES.
THE TEST AREA, WHICH INCLUDES SABINE LAKE AND
THE LOWER REACHES OF THE SABINE AND NECHES RIVERS,
WAS TRAVERSED BY A SENSOR-EQUIPPED AIRCRAFT AT
ALTITUDES OF 1500, 4000, AND 15000 FEET. DUR-
ING THE OVERFLIGHTS, INFRARED IMAGERY, INFRARED
COLOR, MULTISPECTRAL, AND COLOR PHOTOGRAPHS
WERE MADE OF THE TEST AREA. DURING F.ACH OVER-
FLIGHT, GROUND-TRUTH DATA, INCLUDING TEMPERA-
TURE, PH, SPECIFIC CONDUCTANCE, AND DISSOLVED
OXYGEN, WERE COLLECTED BY BOAT.
DURING THE 1969 FISCAL YEAR, EMPHASIS
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63
MR. TRIGG TWICHELL
WILL BE ON THE COLLECTION OF DATA FROM GUADA-
LUPE, LAVACA-TRES PALACIOS, COLORADO, AND EAST
MATAGORDA ESTUARIES. WORK IN OTHER BAYS AND
ESTUARIES WILL DEPEND ON LIMITATION OF FUNDS
AND TIME AVAILABLE.
A PROGRESS REPORT ON THE BAYS AND ES-
TUARIES STUDY IS SCHEDULED FOR DECEMBER 1968
AND WILL INCLUDE BASIC DATA AND PRELIMINARY
APPRAISALS. THEREAFTER, THE BASIC DATA WILL
BE RELEASED TO ALL INTERESTED AGENCIES ON AS
TIMELY A BASIS AS POSSIBLE AND WILL BE RELEASED
IN AN ANNUAL BASIC DATA COMPILATION. INTER-
PRETATIVE REPORTS WILL BE PREPARED AND PUB-
LISHED AS THE DATA WARRANTS.
TO COORDINATE THE BAYS AND ESTUARIES
STUDY AND TO AVOID DUPLICATION OF WORK, DISCUS-
SIONS HAVE BEEN HELD WITH VARIOUS STATE, FED-
ERAL, AND OTHER INTERESTED AGENCIES. THESE
INCLUDE:
1. TEXAS WATER QUALITY BOARD
2. TEXAS PARKS AND WILDLIFE DEPARTMENT
3. SABINE RIVER AUTHORITY
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MR. TRIGG TWICHELL
4. GALVESTON BAY PROJECT
5. GULF UNIVERSITIES RESEARCH CORPORA-
TION
6. UNIVERSITY OF TEXAS MARINE SCIENCE
INSTITUTE
7. FEDERAL WATER POLLUTION CONTROL
ADMINISTRATION
8. U. S. COAST AND GEODETIC SURVEY
9. U. S. BUREAU OF COMMERCIAL FISHERIES
10. U. S. ARMY CORPS OF ENGINEERS
11. U. S. GEOLOGICAL SURVEY OFFICE OF
MARINE GEOLOGY
THROUGHOUT THE COURSE OF THE STUDY,
LIAISON WILL BE MAINTAINED WITH THESE AGENCIES
TO ASSURE THAT THERE IS NO DUPLICATION OF EFFORT
IN THE COLLECTION OF DATA AND THAT DATA COL-
LECTED BY THE GEOLOGICAL SURVEY SERVE THE NEEDS
OF OTHER AGENCIES TO THE MAXIMUM PRACTICABLE
EXTENT. IN THIS CONNECTION, THE U. S. GEOLOGI-
CAL SURVEY AND THE FEDERAL WATER POLLUTION CON-
TROL ADMINISTRATION HAVE RECENTLY DEVELOPED A
WORKING AGREEMENT FOR COORDINATING DATA-
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65
MR. TRIGG TWICHELL
ACQUISITION AND DATA-HANDLING ACTIVITIES OF
THE TWO AGENCIES. UNDER THIS AGREEMENT MUCH
OF THE CONTINUING NEED OF FWPCA FOR WATER DATA
WILL BE MET BY THE GEOLOGICAL SURVEY AND FWPCA
WILL CONCENTRATE ATTENTION ON SHORT-TERM AND
SPECIAL PURPOSE DATA NEEDS. MOST DATA ACQUIRED
BY THE TWO AGENCIES WILL BE STORED, PROCESSED,
AND RETRIEVED IN A SINGLE COMPUTER ORIENTED
DATA HANDLING SYSTEM.
NOW, I WOULD LIKE TO COMMENT A LITTLE
BIT MORE ON THE RELATIONSHIP WE ARE DEVELOPING
AT THE WASHINGTON LEVEL BETWEEN OUR TWO AGENCIES.
THE GEOLOGICAL SURVEY HAS A MASTER NET-
WORK OF STREAM FLOW AND WATER QUALITY THROUGHOUT
THE UNITED STATES AND THESE DATA ARE COLLECTED
ON A CONTINUOUS BASIS AND ARE MADE AVAILABLE TO
THE WATER POLLUTION CONTROL ADMINISTRATION, AS
WELL AS OTHER AGENCIES. THIS WILL BE THE LIMITA-
TION OF OUR OPERATION SPECIAL STUDIES IN POLLUTED
AREAS WILL BE CONDUCTED, AS I UNDERSTAND IT,
BILL, BY CREWS OF YOUR OPERATION AND POSSIBLY
THE STATE INVESTIGATIONAL AGENCIES.
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66
MR. TRIGG TWICHELL
OUR PARTICULAR PURPOSE IS TO REFLECT
THE CONDITION OF STREAMS AND BAYS AND ESTUARIES
AS AFFECTED BY THE PUBLIC.
I HAVE A COPY OF THIS AND I WILL MAIL
IT TO YOU WHEN I GET BACK TO MY OFFICE.
IF THERE ARE ANY QUESTIONS, I WILL BE
GLAD TO ANSWER THEM.
MR. YANTIS: ARE THERE ANY QUESTIONS OF MR. TWICHELL?
MR. GALEGAR: THERE ARE A GOOD MANY DISTINGUISHED PEO-
PLE HERE IN THE AUDIENCE AND I KNOW WE WON'T
TAKE TIME TO INTRODUCE THEM ALL, BUT I NOTICE
IN THE BACK OF THE ROOM JUDGE RAY HOLBROOK HAS
COME IN. HE HAS, AS COUNTY JUDGE, QUITE AN
INTEREST IN GALVESTON COUNTY BAY.
JUDGE, WILL YOU STAND UP AND LET PEOPLE
SET; WHO YOU ARE?
(APPLAUSE).
MR. YANTIS: BILL GALEGAR CORRECTED ME A WHILL" AGO.
YOU NOTICE THAT HE SAID THAT THERE WILL LE A
TRANSCRIPT OF THE MEETING MADE AVAILABLE, AND
PRIVATELY HE TOLD ME THAT MY JOKES WILL BE
EDITED OUT.
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b7
BILL, I WILL HAVE TO MAKE ONE. ANY TIME
YOU DEAL WITH SOMETHING AS COMPLEX AS GALVESTON
BAY, YOU RUN INTO DIFFERENCES OF OPINION. SOME-
TIMES THEY ARE MORE OR LESS FIRMLY EXPRESSED;
SOMETIMES THEY ARE NOT. AND AMONG MY OWN CLOSE
PERSONAL FRIENDS THERE ARE MANY DIFFERENCES OF
OPINION. SO THAT SOMETIMES I FEEL A LITTLE BIT
LIKE THE STORY ABOUT THE OLD IRISHMAN THAT HAD
BEEN HAVING A DRINK IN THE TAVERN AND ON THE WAY
HOME HE TOLD HIS FRIENDS "I AM GOING TO GO HOME
AND GIVE MY OLD LADY THE DEVIL." HE SAID, r'IF
SUPPER AIN'T READY I AM GOING TO FUSS AT HER
A80UT IT AND IF IT IS READY I AIN'T GOING TO
EAT IT.'1
SOMETIMES I DO THINK THAT HAS APPLICA-
TI ON.
THERE IS A LOT SAID ABOUT SECRECY OF
INFORMATION, CLOSED MEETINGS AND 30 ON. THERE
ARE CERTAINLY AT LEAST TWO AGENCIES THAT HAVE
A BUILT-IN PROBLEM WITH THAT: MY AGENCY, THE
WATER QUALITY BOARD HAS A BOARD MEMBER WHO, AS
A PRACTICING NEWSPAPERMAN, PUBLISHER AND NEWS-
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68
PAPER OWNER, MAKES IT REAL HARD TO HAVE A MEET-
ING WITHOUT A NEWSPAPERMAN PRESENT. THE TEXAS
WATER RIGHTS COMMISSION HAS THE SAME PROBLEM.
OUR NEXT SPEAKER, WILLIAM E. BERGER IS A NEWS-
PAPER OWNER, PUBLISHER AND REPORTER.
MR. BERGER OF THE TEXAS WATER RIGHTS
COMMISSION.
MR. BERGER: THANK YOU, HUGH. MY NAME IS WILLIAM E.
BERGER; I AM A MEMBER OF THE TEXAS WATER RIGHTS
COMMISSION, AND I WOULD LIKE TO PRESENT THIS
STATEMENT FOR OUR COMMISSION.
CHAIRMEN GALEGAR AND YANTIS, LADIES AUD
GENTLEMEN, IT'S A PLEASURE TO BE HERE WITH YOU
AND SEE THE GREAT INTEREST IT'1 S OBVIOUS THAT
THIS PROBLEM HAS, AND I AM GLAD TO LEARN MORE
ABOUT THE KIND OF EFFORTS BEING MADE.
WITH ME TODAY FROM OUR AGENCY IS COLONEL
R. F. WHITENTON, RECENTLY RETIRED FROM THE CORPS
OF ENGINEERS, WHO CAME TO AUSTIN FROM THE PENTAGON,
WE ARE HAPPY TO HAVE HIM HERE. HE IS HERE IN
CASE ANY OF YOU WISH TO VISIT WITH HIM FURTHER.
I WILL TRY TO OUTLINE OUR AGENCY'S
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69
MR. WILLIAM E. BERGER
INTERESTS IN THIS MATTER AND GIVE YOU THE
STATUTES UNDER WHICH WE OPERATE.
ARTICLE 16, SECTION 59, OF THE TEXAS
CONSTITUTION AND ARTICLE 7467, VERNON'S TEXAS
CIVIL STATUTES, STATE:
"THE WATERS OF THE ORDINARY FLOW AND
UNDERFLOW AND TIDES OF EVERY FLOWING RIVER OR
NATURAL STREAM, OF ALL LAKES, BAYS OR ARMS OF
THE GULF OF MEXICO, AND THE STORM, FLOOD OR
RAIN WATERS OF EVERY RIVER OR NATURAL STREAM,
CANYON, RAVINE, DEPRESSION OR WATERSHED, WITHIN
THE STATE OF TEXAS, ARE HEREBY DECLARED TO BE
THE PROPERTY OF THE STATE, AND THE RIGHT TO THE
USE THEREOF MAY BE ACQUIRED BY APPROPRIATION
IN THE MANNER AND FOR THE USES AND PURPOSES
HEREINAFTER PROVIDED, AND MAY BE TAKEN OR DI-
VERTED FROM ITS NATURAL CHANNEL FOR ANY OF THE
PURPOSES EXPRESSED IN THIS CHAPTER."
ARTICLE 7492, VER'JON'S TEXAS CIVIL
STATUTES, PROVIDES:
"EVERY PERSON, ASSOCIATION OF PERSONS,
PUBLIC OR PRIVATE CORPORATION, POLITICAL SUB-
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70
MR. WILLIAM E. BERGER
DIVISION OF THE STATE, AGENCY OF THE STATE OR
OF THE UNITED STATES, WHO SHALL, AFTER THIS ACT
SHALL TAKE EFFECT, DESIRE TO ACQUIRE THE RIGHT
TO APPROPRIATE, FOR THE PURPOSES STATED IN THIS
CHAPTER, UNAPPROPRIATED WATER OF THE STATE,
SHALL, BEFORE COMMENCING THE CONSTRUCTION, EN-
LARGEMENT OR EXTENSION OF ANY DAM, LAKE, RESER-
VOIR, OR OTHER STORAGE WORK, OR ANY DITCH,
CANAL, INTAKE, HEADGATE, PUMPING PLANT OR OTHER
DISTRIBUTING WORKS, OR PERFORMING ANY WORK IN
CONNECTION WITH THE STORAGE, TAKING OR DIVER-
SION OF WATER, MAKE AN APPLICATION IN WRITING
TO THE TEXAS WATER RIGHTS COMMISSION FOR A PER-
MIT TO MAKE SUCH APPROPRIATION, STORAGE OR DIVER-
SION.11
BY THE ENACTMENT OF THE STATUTES CON-
TAINED IN THE TEXAS WATER CODE, THE LEGISLATURE
HAS SOUGHT IN A COMPREHENSIVE WAY TO REGULATE THE
USE OF THE STATE'S PUBLIC WATER TO THE END THAT
IT WILL BE CONSERVED AND USED FOR THE GREATEST
PUBLIC GOOD AND IN THE PUBLIC INTEREST. TO MAKE
CERTAIN THAT WATER IS SO CONSERVED AND USED,
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71
MR. WILLIAM E. BERGER
THE LEGISLATURE CREATED THE TEXAS WATER RIGHTS
COMMISSION AND ENTRUSTED BROAD DISCRETION TO
THE AGENCY TO DETERMINE WHETHER AN APPLICATION
FOR A PERMIT TO APPROPRIATE PUBLIC WATER SHOULD
BE GRANTED OR DENIED.
I MIGHT DIGRESS FROM THE PRINTED TEXT
HERE TO SAY THAT THIS IS A CONTINUATION OF THE
AGENCY KNOWN AS THE BOARD OF WATER ENGINEERS,
FIRST CREATED IN 1913, LATER KNOWN AS THE TEXAS
WATER COMMISSION. IT WAS DIVIDED IN 1965 INTO
THE TEXAS WATER DEVELOPMENT BOARD AND THE TEXAS
WATER RIGHTS COMMISSION.
BACK TO THE TEXT.
THE TEXAS WATER RIGHTS COMMISSION IS
CONCERNED WITH THE PRESENT AND FUTURE STATUS
OF THE BAYS AND ESTUARIES IN TEXAS. THE COMMIS-
SION'S JURISDICTION CONCERNING THE SUBJECT MAT-
TER IS LIMITED TO ISSUING PERMITS TO USE WATERS
FROM THE BAYS AND ESTUARIES FOR ANY PURPOSE
AND IN ISSUANCE OF PERMITS FOR THE CONSTRUCTION
OF DAMS AND THE DIVERSION OF WATER FROM PUBLIC
STREAMS WHICH MAY ULTIMATELY REDUCE OR DENY
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72
MR. WILLIAM E. BERGER
FRESH WATER INFLOW INTO THE BAYS AND ESTUARIES.
PERMITS FOR THE USE OF SALT OR BRACKISH WATER
FROM THE BAYS AND ESTUARIES CURRENTLY ARE
THOSE WHICH INVOLVE USE OF SALT WATER FOR COOL-
ING PURPOSES CONNECTED WITH THERMALELECTRIC
POWER PRODUCTION AND AS A RAW MATERIAL IN THE
EXTRACTION OF CERTAIN MINERALS FROM THE SALT
WATER.
THE THE EXTENT FRESH WATER INFLOW INTO
TEXAS BAYS AND ESTUARIES IS CONCERNED, THE TEXAS
WATER RIGHTS COMMISSION HAS THE RESPONSIBILITY
OF BALANCING THE DEMANDS FOR PUBLIC WATER FOR
STATUTORY USES WITH THE PUBLIC WELFARE OF THE
STATE, INCLUDING ITS BAYS AND' ESTUARY RESOURCES.
WITH THIS IN MIND, THE 27TH REPORT OF THE TEXAS
WATER RIGHTS COMMISSION, COVERING THE BIENNIUM
SEPTEMBER 1, 19&H TO AUGUST 31, 1966, TO TrIE
GOVERNOR OF TEXAS AND THE*TEXAS LEGISLATURE
CONTAINED THE FOLLOWING RECOMMENDATION:
"BECAUSE OF OUR RAPIDLY EXPANDING ECONOMY
AND TECHNOLOGICAL DEVELOPMENT, THE PURPOSES FOR
WHICH WATER MAY BE APPROPRIATED (LISTED IN
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73
MR. WILLIAM E. BERGER
ARTICLES 7468 AND 7470, VERNON'S CIVIL STAT-
UTES) ARE RAPIDLY BEING OUTDATED. FOR EXAMPLE,
INCLUSION OF CONSERVATION STORAGE FOR WATER
QUALITY AND MOSQUITO CONTROL ARE MATTERS OF
ACCOMPLISHED FACT IN FEDERAL PROJECTS. THE
FUTURE MAY WELL REQUIRE INCLUSION OF STORAGE
FOR THE PROTECTION OF AQUATIC HABITAT IN THE
STATE'S BAYS AND ESTUARIES.
"THE COMMISSION RECOMMENDS THAT ARTI-
CLES 7468 AND 7470 BE AMENDED TO ADD AT THE
ENDING OF THE SPECIFIC LISTING OF USES, WORDS
TO THE EFFECT THAT WATER MAY BE APPROPRIATED
FOR OTHER BENEFICIAL USES PRESCRIBED FROM TIME
TO TIME IN THE COMMISSION'S RULES AND REGULA-
TIONS. THE COMMISSION ALSO RECOMMENDS THAT AN
EIGHTH CATEGORY BE ADDED TO ARTICLE 7471 TO THE
SAME EFFECT.15
THE COMMISSION BELIEVES THAT THERE PRE-
SENTLY IS INSUFFICIENT INFORMATION TO DETERMINE
THE AMOUNT OF FRESH WATER INFLOW NECESSARY TO
PRESERVE CERTAIN CHARACTERISTICS OF OUR BAYS
AND ESTUARIES. THIS PROBLEM MUST BE RESOLVED
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MR. WILLIAM E. BERGER
IN CONTEXT WITH THE OVERALL PROBLEM RELATING
TO POLLUTION, ECONOMIC AND INDUSTRIAL DEVELOP-
MENT, AND THE PUBLIC WELFARE OF THE PEOPLE OF
TEXAS.
THE COMMISSION HAS RECENTLY JOINED
WITH SEVERAL OTHER STATE AGENCIES IN A JOINT
PLANNING EFFORT TO INSURE THAT STUDIES OF THE
PROBLEMS OF BAYS AND ESTUARIES ARE COORDINATED
AMONG ALL THE VARIOUS STATE AGENCIES WITH JURIS-
DICTION TOUCHING ON THE SUBJECT MATTER. T/,'0
FACTS APPARENT FROM OUR JOINT STUDY ARE THAT
THE PROBLEM IS COMPLICATED AND THAT THERE ARE
NO EASY ANSWERS. FOR MANY POLLUTION PROBLEMS,
THE INITIAL PROPOSED SOLUTION' IN WATER-RICH
STATES IS TO DILUTE THE POLLUTED WATER WITH
SUFFICIENT FRESH WATER. HOWEVER, THERE IS IN-
SUFFICIENT PUBLIC WATER IN TEXAS TO DO THIS ON
ANY LONG-RANGE, SUSTAINED BASIS AND, AT THE
SAME TIME, SATISFY THE GROWING NEEDS OF ALL
POTENTIAL USERS.
THE TEXAS WATER RIGHTS COMMISSION BELIEVES
THAT THE PRESENT AND FUTURE DEVELOPMENT OF THE
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75
MR. WILLIAM E. SERGER
BAYS AND ESTUARIES IN TEXAS ARE PROBLEMS FOR
THE STATE OF TEXAS TO RESOLVE. THE FEDERAL
GOVERNMENT CAN BEST ASSIST IN THE STUDY AND
RESOLUTION OF THESE PROBLEMS WITH ITS FINANCIAL
ASSISTANCE TO THE EXISTING STATE AGENCIES OF
TEXAS.
THIS CONCLUDES OUR FORMAL STATEMENT.
IF I MAY INDULGE, I WOULD LIKE TO ADD
JUST A FEW PERSONAL COMMENTS THAT COME TO MIND
AFTER LISTENING TO PREVIOUS SPEAKERS.
YOU KNOW, THIS IS A POLITICAL YEAR AND
SIMPLE SOLUTIONS ARE VERY POPULAR. WE HEAR THEM
ADVANCED EVERY DAY BY VARIOUS CANDIDATES. OF
COURSE, THERE IS A SIMPLE SOLUTION TO THE POLLU-
TION PROBLEM AND THAT IS TO GIVE THE AREA BACK
TO THE INDIANS, BUT THAT CANNOT BE DONE, WE ARE
HERE AND WE ALL PLAN TO STAY.
THERE ARE BILLIONS OF DOLLARS OF INVEST-
MENTS LOCATED ON THE RIVER BASINS AND AROUND
THE BAYS AND ESTUARIES AND THERE ARE MILLIONS OF
PEOPLE INVOLVED.
NOW, I APPRECIATE THE VERY CAREFUL WAY
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76
MR. WILLIAM E. BERGER
IN WHICH THE STATE OF TEXAS HAS BEEN PROCEEDING
TO TRY TO ASSURE CORRECT SOLUTIONS. I AM PROUD
OF THE MANNER IN WHICH COLONEL BENDER IS CONDUCT-
ING HIS STUDY AND I THINK THAT WHILE IT MAY SEEM
AT TIMES THAT THE STATE U DOING NOTHING WE MUST
REMEMBER THAT MUCH MORE HAS BEEN DONE IN THE
LAST TWO OR THREE YEARS THAN IN THE LAST TWO
HUNDRED.
GOVERNOR CONNALLY HAS SKETCHED A VERY
BROAD OUTLINE OF STATE POLICY AND THIS HAS BEEN
BACKED UP BY THE LEGISLATURE IN THE LAST TWO
SESSIONS.
THE AGENCIES HAVE BEFN CREATED, GREATLY
EXPANDED, AND THEY ARE BEING STAFFED; WE ARE ALL
ADDING PEOPLE AS TIME GOES ON, AND THERE IS A
TREMENDOUS EFFORT UNDER WAY BY MANY LEVELS OF
STATE AND LOCAL GOVERNMENT, BACKED UP BY THE
BROAD OVERVIEW GIVEN U5 LiY THE FEDERAL GOVERN-
MENT AS REPRESENTED BY MR. GALEGAR TODAY, AND
I FEEL THAT WE ARE ON THE WAY TOWARD A SOLUTION
AND I AM HAPPY TO SAY THAT THINGS WILL LOOK
BETTER.
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77
MR. WILLIAM E. BERGER
THANK YOU.
ARE THERE ANY QUESTIONS?
MR. GALEGAR: THANK YOU, COMMISSIONER BERGER.
ARE THERE ANY QUESTIONS OF THE PANEL?
ANY FROM THE AUDIENCE?
COMMISSIONER BERGER, WE THANK YOU FOR
THIS MOST EXCELLENT STATEMENT AND YOUR RECOMMEN-
DATIONS.
COMMISSIONER SERGER INDICATES THAT THERE
ARE ADDITIONAL STATEMENTS HERE OF HIS PRESENTA-
TION FOR THOSE OF YOU WHO MAY WISH TO AVAIL THEM-
SELVES OF THEM.
AT THIS MOMENT I WOULD LIKE TO TURN THE
MICROPHONE BACK TO MR. HUGH YANTIS FOR SOME
INTRODUCTIONS.
MR. YANTIS: AS SOON AS I INTRODUCE SOME PEOPLE, I
BELIEVE MAYOR LOWRY OF TEXAS CITY WILL 3E
ASKED TO PRESENT HIS STATEMENT, HE WANTED TO
BE HOME BEFORE LUNCH.
COMMUNICATIONS, OF COURSE, IN WATER
RESOURCES, WATER QUALITY WORK; THE LEGISLATURE
OF TEXAS KNEW THIS WHEN THEY ORGANIZED THE
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78
TEXAS WATER BOARD OR ITS PREDECESSOR, WATER
POLLUTION CONTROL BOARD, BY NOT ONLY HAVING
APPOINTEES AS MEMBERS, BUT HAVING STATE AGEN-
CIES INTERESTED IN WATER.
MR. ROY PAYNE, BACK HERE, WHO WILL SPEAK
IN A FEW MOMENTS, FROM THE TEXAS RAILROAD COMMIS-
SION, IS A VOTING MEMBER OF OUR BOARD REPRESENT-
ING THE TEXAS RAILROAD COMMISSION. THE PRINCI-
PAL MEMBER IS THE CHAIRMAN OF THE TEXAS RAILROAD
COMMISSION. OF COURSE, THE CHAIRMANSHIP CHANGES
FROM TIME TO TIME.
MR. JERRY THORNHILL, DOWN HERE ON THE
FRONT--WILL YOU STAND, ROY, SO WE CAN IDENTIFY
YOU--ROY WILL SPEAK IN A FEW MOMENTS FROM HIS
PREPARED PAPER.
MR. JERRY THORNHILL, DOWN HERE IN FRONT,
FROM THE TEXAS WATER DEVELOPMENT BOARD, IS A
VOTING MEMBER OF OUR BOARD, SO DESIGNATED BY
THE EXECUTIVE DIRECTOR OF THAT BOARD, WHO IS
A PRINCIPAL MEMBER.
MR. TERRANCE LEARY IS A REPRESENTATIVE
OF THE TEXAS WILDLIFE DEPARTMENT, IS ALSO A
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79
MEMBER OF OUR BOARD. THE VOTING MEMBER IS ORDI-
NARILY MR. W. J. COOPER. THE PRINCIPAL MEMBER
IS MR. RALPH SINGLETON.
THE STATE HEALTH DEPARTMENT FURNISHES
A MEMBER OF OUR BOARD IN THE PERSON OF THE COM-
MISSIONER OF HEALTH. THE VOTING BOARD MEMBER
IS ORDINARILY THE DEPUTY COMMISSIONER, MR. GUS
HERZEL, BUT THERE ARE AT LEAST TWO MEMBERS HERE,
MR. BILL WHIDDLE AND MR. JOHNSON — STAND UP,
FELLOWS—REPRESENTING THE STATE HEALTH DEPART-
MENT.
SO OUR BOARD HAS SOME BUILT-IN COMMUNI-
CATIONS TO MAKE SURE THAT THE STATE AGENCIES
DO TALK AMONG THEMSELVES AS TO WHAT GOES ON.
NOW, THE TEXAS WATER RIGHTS COMMISSION
IS NOT A MEMBER OF OUR BOARD, BUT WE DO COMMUNI-
CATE WITH THEM VERY FULLY.
FROM THE AGRICULTURAL POINT, THE COMMIS-
SIONER OF AGRICULTURE OF TEXAS IS NOT A BOARD
MEMBER, BUT AGAIN WE HAVE MANY, MANY CONVERSA-
TIONS WITH HIM.
MR. GALEGAR: THANK YOU, HUGH. THERE ARE TWO PEOPLE
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80
THAT WE'VE MADE EXCEPTIONS FOR IN THE ORDER OF
SEQUENCE BECAUSE THEY DO HAVE APPOINTMENTS.
THE FIRST ONE, MAYOR EMMETT LOWRY, IF YOU WILL
PROCEED TO THE MICROPHONE, THE NEXT PERSON, IF
HE WILL BE READY AT THE TIME THAT WE HAVE FINISHED
WITH ANY QUESTIONS OF THE MAYOR, COUNTY JUDGE
RAY HOLBROOK TO FOLLOW DIRECTLY.
MAYOR LOWRY: THANK YOU, MR. GALEGAR, MR. YANTIS, GENTLE-
MEN. OF THE PANEL.
THE CITIZENS OF TEXAS CITY ARE VITALLY
INTERESTED IN GALVESTON BAY AND ADJACENT WATERS
FOR VERY GOOD REASONS.
ONE, IT HAS FOR MANY YEARS AFFORDED
RECREATION, SUCH AS FISHING, BOATING, AND SKIING
FOR OUR RESIDENTS, AS WELL AS OTHER CITIZENS
THROUGHOUT THE AREA. HERE IS AN EXAMPLE OF THE
VALUE TO US OF GOOD WATERS IN GALVESTON BAY.
IN JULY EACH YEAR THE TEXAS CITY JAYCEES SPON-
SOR "TACKLE TIME", A FISHING RODEO AND CONTEST.
THE CONTEST JUST THREE MONTHS AGO ATTRACTED TO
OUR FIVE MILE LONG DIKE AND FISHING PIER 34,578
CARS OF FISHERMEN AND INTERESTED CITIZENS IN A
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81
MAYOR EMMETT F. LOWRY
THIRTEEN DAY PERIOD.
SECONDLY, WE MUST HAVE THE WATER BORNE
COMMERCE OVER GALVESTON BAY TO BRING IN RAW
MATERIALS AND CARRY AWAY THE FINISHED PRODUCTS
OF OUR LOCAL INDUSTRIAL PLANTS.
TEXAS CITY HAS BY FAR THE LARGEST PETRO-
CHEMICAL INDUSTRIAL COMPLEX ON GALVESTON BAY.
ITS THOUSANDS OF EMPLOYEES LIVE THROUGHOUT THE
ENTIRE BAY AREA. THE JODS THUS PROVIDED HAVE
BROUGHT TREMENDOUS GROWTH TO THE AREA AND THE
PROBLEMS ATTENDANT THERETO.
AS FAR BACK AS 1950 TEXAS CITY RECOG-
NIZED THE NEED FOR WATER POLLUTION CONTROL.
TLXAS CITY CITIZENS VOTED A DOND ISSUE AND THE
FIRST COMPLETE TREATMENT PLANT FOR DOMESTIC
SEWAGE IN GALVESTON COUNTY WAS CONSTRUCTED
It! TEXAS CITY. SINCE THAT TIME EVERY COMMUNITY
IN GALVESTON COUNTY HAS PROVIDED A COMPLETE
TREATMENT FACILITY FOR ITS DOMESTIC SEWAGE.
ALL OF THESE COMMUNITIES, WITH THE
ASSISTANCE OF OUR LOCAL AiJD STATE HEALTH AND
WATER POLLUTION CONTROL BOARDS ARE CONTINUING
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82
MAYOR EMMETT F. LOWRY
TO IMPROVE THEIR FACILITIES, PARTIALLY WITH THE
ASSISTANCE OF FEDERAL GRANTS.
WITH SUCH A LARGE CONCENTRATION OF
HEAVY INDUSTRY, CITY OFFICIALS AS WELL A3 THE
CITIZENS OF TEXAS CITY REALIZED POLLUTION PROB-
LEMS EXISTED. AS A RESULT OF THE CONCERN SHOWN
3Y THE GENERAL PUBLIC, CITY OFFICIALS AND INDUS-
TRY OFFICIALS FOUR YEARS AGO DECIDED TO ESTAB-
LISH AN AIR AND WATER CONSERVATION COMMITTEE.
THE TEXAS CITY CHAMBER OF COMMERCE AGREED TO
SPONSOR SUCH A COMMITTEE. AS SOON AS IT WAS
FORMED, TWO TECHNICAL STUDY COMMITTEES WERE
APPOINTED, ONE ON AIR POLLUTION AND THE OTHER
ON WATER POLLUTION.
THESE STUDY GROUPS REQUESTED AND HELD
SEVERAL MEETINGS WITH STATE AND LOCAL AGENCIES
SEEKING NEW METHODS TO ABATE BOTH AIR AND 4ATER
POLLUTION. THE STUDY COMMITTEES REPORTED THEIR
FINDINGS TO THE PARENT AIR AND WATER CONSERVA-
TION COMMITTEE.
THE COMMITTEE LAST YEAR DECIDED THAT
THE GENERAL PUBLIC SHOULD BE MADE AWARE OF THEIR
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MAYOR EMMETT F. LOWRY
ACTIVITIES AND FINDINGS SO A SERIES OF PUBLIC
FORUMS WAS SET UP. ALL LARGE LOCAL INDUSTRIES
AND THE CITIES OF TEXAS CITY AND LA MARQUE
PARTICIPATED.
EACH WEEK ONE OF THE CITIES OR ONE OF
THE INDUSTRIES WOULD TELL OF THE POLLUTION
PROBLEMS THEY MAY HAVE CAUSED, WHAT THEY WERE
PRESENTLY DOING ABOUT IT AND WHAT THEY INTENDED
TO DO IN THE FUTURE. THEY WOULD THEN ANSWER
ANY QUESTIONS PRESENTED TO THEM BY THE CITIZENS
IN ATTENDANCE.
FOR THE BENEFIT OF THOSE CITIZENS WHO
COULD NOT ATTEND, THE GALVESTON, HOUSTON AND
TEXAS CITY NEWSPAPERS CARRIED'EXCELLENT COVERAGE
ON ALL FORUMS.
THE MANUFACTURING CHEMISTS ASSOCIATION
WITH OFFICES IN WASHINGTON D. C. SENT A REPRE-
SENTATIVE TO TEXAS CITY TO LEARN MORE ABOUT
THE FACT-FINDING FORUMS. THE REPRESENTATIVE,
MR. BRUCE HARRISON, MANAGER OF COMMUNITY RELA-
TIONS AND ENVIRONMENTAL INFORMATION FOR THE
ASSOCIATION STATED AND I QUOTE, "WE HAVE NEVER
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MAYOR EMMETT F. LOWRY
HEARD OF ANY PROGRAM SUCH A3 THIS. IT IS UNIQUE
AND EXEMPLARY. WE WERE EXCITED WHEN WE HEARD
OF THIS PROGRAM. IT SHOULD BE TRANSPLANTED IN
OTHER AREAS. YOU HAVE A SOUND BASIS AND GOOD
IDEAS." END OF QUOTE.
A STORY ON OUR PROGRAM WAS CARRIED IN
"THE PILOT/' THE OFFICIAL MAGAZINE OF THE MANU-
FACTURING CHEMISTS ASSOCIATION.
THE PUBLIC FORUMS HELD IN TEXAS CITY
BROUGHT OUT THE FACT THAT APPROXIMATELY 21
MILLION DOLLARS HAVE BEEN SPENT BY THE INDUS-
TRIES OF TEXAS CITY TO CURB POLLUTANTS IN BOTH
AIR AND WATER. A MILLION DOLLARS OF THIS FIGURE
WAS SPENT BY THE CITY OF TEXAS CITY. IT WAS
ALSO BROUGHT OUT THAT APPROXIMATELY 10 MILLION
DOLLARS WILL BE SPENT ON ANTI-POLLUTION DEVICES
OVF.R THE NEXT THREE YEARS.
INDUSTRIES BUILDING NEW FACILITIES HERE
ARE NOW USING, AMONG OTHER EXPERTS, IN THE DE-
SIGN WORK, POLLUTION CONSULTANTS, GEOLOGISTS,
ECOLOGISTS, MARINE BIOLOGISTS AND OCEANOGRAPHERS,
THE RECOMMENDATIONS OF THESE EMINENT EXPERTS
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85
MAYOR EMMETT F. LOWRY
ARE INCORPORATED IN THE DESIGN AND CONSTRUCTION
OF POLLUTION CONTROL FACILITIES AND EQUIPMENT.
THESE THEN ARE AN INTEGRAL PART OF OVERALL
PLANT DESIGN. LOCAL INDUSTRIES HAVE PLEDGED
SUCH INSTALLATION IN ALL NEW FACILITIES.
ON SEPTEMBER 24, OF THIS YEAR, THE TEXAS
LEGISLATIVE COMMITTEE FOR THE STUDY OF LAND USE
AND ENVIRONMENTAL CONTROL HELD A PUBLIC HEARING
IN TEXAS CITY ON AIR AND WATER CONSERVATION.
EACH TEXAS CITY INDUSTRY, THE CITIES OF TEXAS
CITY AND GALVESTON AND THE COUNTY OF GALVESTON
MADE STATEMENTS TO THE COMMITTEE. AT THE CON-
CLUSION OF THE HEARING, SENATOR CRISS COLE,
CHAIRMAN OF THE COMMITTEE, COMMENDED TEXAS CITY
FOR ITS EFFORTS IN CONTROLLING POLLUTION. ANOTHER
MEMBER OF THE COMMITTEE SAID HE FELT TEXAS CITY
WOULD 6ECOME A MODEL CITY IN THE ABATEMENT OF
POLLUTION.
AT THE END OF MY PRESENTATION I WILL
LEAVE WITH YOU GENTLEMEN A COPY OF EACH STATE-
MENT MADE AT THAT HEARING AS WELL AS COPIES OF
MY PRESENTATION HERE TODAY.
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MAYOR EMMETT F. LOWRY
THE "GALVESTON BAY STUDY" NOW IN PRO-
GRESS OFFERS HOPE OF PROVIDING MANY ANSWERS
AS TO QUALITY NEEDS IN GALVESTON BAY. WE HOPE
EVERY EFFORT WILL BE MADE TO SUCCESSFULLY CON-
CLUDE THIS VITALLY NEEDED STUDY. WE ALSO BE-
LIEVE THAT PRESENT LOCAL AND STATE REGULATIONS
ARE ADEQUATE TO CONTROL OOTH AIR AND WATER POLLU-
TION IN OUR AREA.
WITHIN THE PAST ONE AND ONE-HALF YEARS,
THE TEXAS CITY REFINERY OF AMERICAN OIL COMPANY
HAS INVESTED IN EXCESS OF $600,000 IN EQUIPMENT
AND INSTALLATIONS FOR THE PURPOSE OF ABATING
WATER AND AIR POLLUTION. THE ULTIMATE PROGRAM,
ALTHOUGH NOT COMPLETELY FINISHED, WILL NOT ONLY
IMPROVE THE CHARACTER OF REFINERY WATER EFFLU-
ENTS AND ATMOSPHERIC EMISSIONS, BUT WILL ALSO
STRESS CONSERVATION OF WATER AND MINIMIZE HYDRO-
CARBON LOSSES TO EITHER AIR OR WATER ENVIRONMENTS
SIMPLY, THE PROGRAM IN RELATION TO WATER POLLU-
TION IS BEING DEVELOPED TO INCLUDE THREE PHASES:
1. PRETREATMENT OF SELECTED WASTES:
THE OBJECT IS TO TREAT HIGHLY CONCENTRATED
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87
MAYOR EMMETT F. LOWRY
STREAMS AT THE SOURCE TO PREVENT DEGRADING THE
QUALITY OF RELATIVELY CLEAR WATER. THIS WILL
INCLUDE THE REMOVAL OF ANY SULFIDES, MERCAPTANS,
PHENOLICS, AND SOLIDS TO INSURE TREATABILITY
OF THE WASTE WATER.
2. PRIMARY TREATMENT: REMOVAL OF FREE
OIL AND ADDITIONAL SUSPENDED SOLIDS BY PHYSICAL,
CHEMICAL COAGULATION, AND/OR AIR FLOATATION
METHODS.
3. SECONDARY TREATMENT: REMOVAL OF
DISSOLVED ORGANICS THAT MIGHT CAUSE HIGH BOD,
COD, ETC. THIS WOULD INCLUDE SUCH TREATMENTS
AS TRICKLING FILTERS, AERATION PONDS, OR OTHER
BIO-OXIDATION METHODS.
THE POLLUTION ABATEMENT PROGRAM HAS BEEN A CON-
TINUOUS ONE FOR MANY YEARS, AND AMERICAN OIL,
AS WELL AS OTHER INDUSTRIES LOCATED IN TEXAS
CITY, ALREADY LISTS CAPITAL INVESTMENTS IN THE
MILLIONS OF DOLLARS DEDICATED TO THE RESPONSIBIL-
ITY OF CONSERVING AIR AND WATER RESOURCES.
A BRIEF SUMMATION OF RECENT AND VARIOUS
MEASURES TAKEN BY THE REFINERY TO IMPROVE WASTE
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MAYOR EMMETT F. LOWRY
WATER EFFLUENTS AND ATMOSPHERIC EMISSIONS IS
PRESENTED IN THE FOLLOWING TEXT.
WATER CONSERVATION AND POLLUTION:
1. A NEW API (AMERICAN PETROLEUM
INSTITUTE) OIL-WATER SEPARATOR WAS COMPLETED
AND PUT INTO OPERATION IN LATE DECEMBER 1967
AT A COST OF $306,000. THIS FACILITY IS OF THE
NEWEST DESIGN WHICH UTILIZES AUTOMATIC FLIGHT
SKIMMERS AND SLUDGE SCRAPERS; IT REPLACES AN
OLD EARTHEN SETTLING BASIN, WHICH IS NOW BEING
REDESIGNED INTO AN AERATION BASIN OR LAGOON.
AN ADDITIONAL $40,000 WILL BE INVESTED TO EQUIP
THIS BASIN WITH FOUR 20-HP AERATORS OF THE TYPE
ILLUSTRATED IN PHOTO-PLATE 1. THE API SEPARATOR,
WHICH WE DESIGNATE AS NO. 3 SEPARATOR, RECEIVES
PROCESSING UNITS WATERS AND SURFACE DRAINAGE
FROM STORAGE TANK AREAS IN THE EAST SECTION OF
THE REFINERY.
2. NO. 2 API SEPARATOR, WHICH SERVES
THE PROCESSING UNITS AND SURFACE DRAINAGE IN
THE MIDDLE SECTOR OF THE REFINERY, WAS REVAMPED
AT A COST OF $162,000 TO INSTALL AUTOMATIC
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89
MAYOR EMMETT F. LOWRY
SKIMMERS AND SCRAPERS SIMILAR TO NO. 3 SEPARA-
TOR. THE REVAMPED FACILITY RESUMED OPERATION
IN JULY 1968.
3. IN MAY 1967, THE MAIN SETTLING
BASIN, V/HICH RECEIVES WATERS FROM NO. 1 AND NO.
2 API SEPARATORS, HAD INSTALLED IN IT FOUR 20-HP
AERATORS. THIS REPRESENTED AN INVESTMENT OF
$44,000, AND THE SATISFACTORY PERFORMANCE OF
Tilt: AERATORS REALIZED 3Y A LOWERING OF THE BOD
ACROSS THE BASIN PROMPTED THE INSTALLATION OF
TWO ADDITIONAL 20-HP AERATORS (MAY 1968) AT A
COST OF $20,000. PHOTO-PLATE 1 SHOWS THE AERA-
TORS IN OPERATION. CURRENTLY IN PROGRESS IS THE
INSTALLATION OF BAFFLES TO REGULATE A MORE EFFI-
CIENT FLOW PATTERN THROUGH THE AERATION BASIN.
(COST: $6,000 - $8,000). ILLUSTRATED IN PHOTO-
PLATE 2 ARE TWO 5-HP AERATORS LOCATED IN THE MAIN
EFFLUENT DITCH.
4. A NEW ADDITION TO THE LIST OF AMERI-
CAN OIL PROJECTS FOR OIL CONSERVATION AND THE
ABATEMENT OF WATER POLLUTION IS AN OIL ABSORP-
TION SKIMMER MOUNTED ON A CATAMARAN TYPE MOTOR
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90
MAYOR EMMETT F. LOWRY
BOAT. THE FACILITY IS PICTURED IN PHOTO-PLATES
3 £ 4. THE PRINCIPLE OF OPERATION IS THE ADHER-
ING OF OIL TO THE ROTATING POLYURETHANE FOAM
ROLLER AS THE BOAT IS DIRECTED INTO AN OIL SLICK
ON THE SURFACE OF THE WATER. THE OIL IS PRESSED
FROM THE FOAM AND DELIVERED INTO A 90-GALLON
SUMP TANK LOCATED BETWEEN THE TWIN HULLS. IT
IS PLANNED TO MAKE THIS BOAT AVAILABLE FOR USE
BY ALL INDUSTRIES IN TEXAS CITY IN THE EVENT OF
AN OIL SPILL IN THE DOCKS AREA OR BAY. IN HEAVY
OIL SLICKS, THE ABSORPTION RATE IS APPROXIMATELY
50 GALLONS PER HOUR.
AIR POLLUTION CONTROL:
1. CONTINUED SURVEILLANCE OF THE REFIN-
ERY FLARE SYSTEM HAS NOT ONLY PROVED BENEFICIAL
IN THE PREVENTING OF AIR POLLUTION, BUT HAS ALSO
DIRECTED ATTENTION TO IMPROVED OPERATING PRAC-
TICES. A RECENT ADDITIONAL INVESTMENT OF
$27,000 WILL EQUIP THE SEVERAL REFINERY FLARES
WITH METERING DEVICES ENA3LING MORE EFFICIENT
CONTROL OF COMBUSTIBLES ENTERING THE VENT AND
FLARE SYSTEM.
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91
MAYOR EMMETT F. LOWRY
2. ANOTHER $tf,000 INVESTMENT IS A
MOBILE AIR MONITORING TRAILER, WHICH IS PICTURED
IN PHOTO-PLATE 5. THIS TRAILER IS EQUIPPED WITH
A BECKMAN 906 SULFUR DIOXIDE ANALYZER, A R.A.C.
HYDROGEN SULFIDE ANALYZER, AND AN M.S.A. HIGH
VOLUME AIR SAMPLER FOR DETERMINING PARTICULATE
MATTER IN THE ATMOSPHERE. AT PRESENT WE ARE
PERIODICALLY MONITORING 12 STATIONS WITHIN THE
REFINERY BOUNDARIES TO DETERMINE LEVELS OF CON-
CENTRATION IN THE ATMOSPHERE DURING DIFFERENT
WIND DIRECTIONS AND VELOCITIES. GENERALLY SPEAK-
ING, IN THE CATEGORY OF AIR POLLUTION, THE RE-
FINERY EMISSION LEVELS ARE WITHIN THE STATE REGU-
LATION LIMITS.
AMOCO CHEMICALS CORPORATION - PROGRAM
FOR ABATEMENT OF AIR AND WATER POLLUTION AT TEXAS
CITY PLANTS:
i. GENERAL:
AMOCO CHEMICALS CORPORATION IS HAPPY
TO HAVE THIS OPPORTUNITY TO DISCUSS ITS PROB-
LEMS CONCERNING AIR AND WATER POLLUTION AND THE
PROGRAMS WE HAVE UNDER WAY TO PERMIT US TO
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92
MAYOR EMMETT F. LOWRY
COMPLY WITH EXISTING LEGISLATION AND HOPEFULLY
TO MEET THE NEEDS FOR THE REASONABLE FUTURE.
FIRST, A BRIEF BIT OF BACKGROUND. WE
ARE THE CHEMICALS MANUFACTURING AND MARKETING
SUBSIDIARY OF STANDARD OIL COMPANY (INDIANA).
IN TEXAS CITY WE HAVE TWO PLANT SITES. PLANT
A, LOCATED ON THE SOUTH END OF 6TH STREET, IS
THE SMALLER AND OCCUPIES ABOUT 25 ACRES. THERE
WE MAKE VINYL PLASTICIZERS, AROMATIC SOLVENTS,
METHYL MERCAPTAN, AND HYDROCARBON RESINS AND
POLYMERS. WE HAVE UNDER CONSTRUCTION A UNIT
TO MAKE A VARIETY OF SPECIALTY CHEMICALS TO BE
USED IN THE PRODUCTION OF CRUDE PETROLEUM.
PLANT B IS LOCATED WEST OF THE INTERSEC-
TION OF STATE HIGHWAY 519 AND LOOP 197 AND
OCCUPIES ABOUT 120 ACRES. THERE WE HAVE UNITS
OPERATING TO PRODUCE FLOOR TILE RESINS AND PARA-
XYLENE, AND UNITS UNDER CONSTRUCTION TO PRODUCE
STYRENE MONOMER AND POLYBUTENES. FURTHER EXPAN-
SION IS PLANNED AT THAT SITE.
WE CURRENTLY EMPLOY A TOTAL OF ABOUT
300 PEOPLE AT BOTH LOCATIONS, AND INTERCHANGE
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93
MAYOR EMMETT F. LOWRY
PEOPLE BETWEEN THE SITES.
II. WATER POLLUTION ABATEMENT:
A. PLANT A:
OUR WATER POLLUTION PROBLEMS AT PLANT
A ARE MAINLY OIL RELATED AS OPPOSED TO BEING
LARGELY SOLUBLE ORGANICS OR INORGANICS. TREAT-
MENT PROBLEMS ARE COMPOUNDED BY THE FACT THAT
THE PLANT IS OLD AND WAS NOT DESIGNED FOR GOOD
WASTE WATER QUALITY CONTROL; I.E., THE STORM
SEWER AND PROCESS SEWER ARE COMMON AND THIS
PERMITS THE ESCAPE OF SOME OIL FROM THE EXISTING
OIL SEPARATOR AND RECOVERY FACILITIES WHENEVER
dEAVY RAINFALL OCCURS. OUR INVESTMENT IN EXIST-
ING EFFLUENT HANDLING FACILITIES, INCLUDING SEWERS,
OIL SEPARATOR, ETC., IS ABOUT $150,000.
ALTHOUGH THE QUALITY OF OUR EFFLUENT
IS GENERALLY QUITE GOOD, IT DOES NOT NOW MEET
THE REQUIREMENTS SET 3Y THE TEXAS WATER QUALITY
CONTROL BOARD. TO CORRECT THIS, ABOUT TWO YEARS
AGO WE RETAINED PROFESSOR A. W. BUSCH OF RICE
UNIVERSITY, SOUTHWEST RESEARCH INSTITUTE, AND
A HOUSTON ENGINEERING FIRM TO CONDUCT EXTENSIVE
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MAYOR EMMETT F. LOWRY
STUDIES AND PROVIDE THE DESIGN FOR TREATMENT
FACILITIES REQUIRED TO MEET OR EXCEED THE WATER
QUALITY dOARD REQUIREMENTS, BOTH FOR THE CUR-
RENT EFFLUENT AND THAT FOR THE NEW UNIT UNDER
CONSTRUCTION. THE COST OF THE STUDY INCLUDING
BENCH-SCALE LABORATORY WORK, PROCESS DEVELOPMENT,
AND MECHANICAL DESIGN WAS ABOUT $60,000. WE
HAVE MANAGEMENT APPROVAL, AND WILL GO OUT FOR
BIDS WITHIN A MONTH, TO BUILD A TREATMENT PLANT
ESTIMATED TO COST ABOUT $275,000. THESE FACILI-
TIES WILL INCLUDE SURGE CAPACITY FOR THE STORM
WATER, BIOLOGICAL OXIDATION, AND THE REQUIRED
MONITORING EQUIPMENT. THE SYSTEM IS DESIGNED
FOR AN AVERAGE OF 370,000 GALLONS PER DAY, AND
THE OPERATING COST WILL BE ABOUT $60,000 PER
YEAR.
IN ADDITION TO THE ABOVE INVESTMENT FOR
THE TREATMENT PLANT ITSELF, THE WATER POLLUTION
ABATEMENT FACILITIES WITHIN THE NEW PROCESS UNIT
UNDER CONSTRUCTION WILL COST ABOUT $60,000. THIS
WILL PROVIDE FOR THE SEGREGATION OF PROCESS WASTE
WATER, STORM WATER AND SANITARY SEWAGE, AND WILL
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95
MAYOR EMMETT F. LOWRY
PERMIT THE MOST EFFICIENT TREATMENT AND HANDLING
OF THESE WASTES.
B. PLANT B:
AS WAS THE CASE FOR PLANT A, THE WATER
POLLUTION PROBLEMS AT PLANT B ARE MAINLY OIL RE-
LATED. THE MAJOR DIFFERENCES ARE THE LARGER
SIZE OF THE PLANT AND THE FACT THAT IT IS NEW
AND WE HAVE BEEN ABLE TO DEVELOP A WELL DESIGNED
SYSTEM FOR SEGREGATING THE VARIOUS TYPES OF WASTES
FOR MOST EFFICIENT TREATMENT. AT THE BEGINNING
OF OUR CURRENT EXPANSION WE RETAINED PROFESSOR
3USCH ET AL TO HELP DEVELOP A MASTER PLAN FOR
THE ENTIRE SITE, INCLUDING COLLECTION SYSTEMS
WITHIN THE PROCESS UNITS, PIPELINES THROUGHOUT
THE PLANT, AND THE TREATMENT FACILITIES PER SE.
THE STUDY, INCLUDING BENCH-SCALE LABORA-
TORY WORK, PROCESS DEVELOPMENT AND MECHANICAL
DESIGN, COST ABOUT $50,000. THE SYSTEM PROVIDES
FOR SEGREGATION OF PROCESS WASTE WATER, STORM
WATER, SLOWDOWN FROM COOLING TOWERS AND BOILERS,
AND SANITARY SEWAGE. THE SYSTEM EMPLOYED TO
HANDLE WASHDOWN WATER AND STORM WATER FROM WITHIN
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96
MAYOR EMMETT F. LOWRY
THE BATTERY LIMITES OF THE PROCESS UNITS IS CON-
SIDERED BY PROFESSOR BUSCH TO BE THE BEST HE HAS
SEEN, AND HE IS RECOMMENDING THE SAME APPROACH
TO OTHER CLIENTS.
SANITARY SEWAGE WILL BE TREATED IN A
PACKAGE TREATMENT PLANT AND THEN DISCHARGED TO
THE PROCESS SEWER. TREATMENT FACILITIES FOR
THE PROCESS WASTE WATER WILL CONSIST OF OIL
SEPARATORS AT THE INDIVIDUAL PROCESS UNITS, AND
CENTRAL AIR FLOTATION UNITS FOLLOWED BY EQUALIZA-
TION PONDS PLUS THE USUAL MONITORING FACILITIES.
THESE PONDS ARE DESIGNED TO PERMIT THE ADDITION
OF BIOLOGICAL OXIDATION, SHOULD THIS PROVE NECES-
SARY TO MEET THE WATER QUALITY BOARD REQUIREMENTS,
ALTHOUGH BENCH SCALE TESTS DID NOT SHOW THIS TO
BE REQUIRED.
THE FACILITIES ARE SIZED FOR AN AVERAGE
3,000,000 GALLONS PER DAY, ALTHOUGH THE LOAD
WITH PROCESS UNITS NOW UNDER CONSTRUCTION WILL
BE CONSIDERABLY LESS THAN THIS. THE TOTAL COST
OF WATER POLLUTION ABATEMENT FACILITIES AT
PLANT B WILL BE ABOUT $1,300,000, INCLUDING ABOUT
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97
MAYOR EMMETT F. LOWRY
$400,000 FOR THE TREATMENT PLANT PER SE AND
ABOUT $900,000 FOR FACILITIES AT THE INDIVIDUAL
PROCESS UNITS, COLLECTION LINES, ETC. OPERATING
COST WILL BE SOME $60,OOO/YEAR.
WE HAVE WORKED WITH THE WATER QUALITY
BOARD DURING THE DEVELOPMENT OF OUR PLANS, AND
HAVE SUBMITTED APPLICATIONS FOR AMENDMENTS TO
OUR PERMITS FOR BOTH PLANT A AND PLANT B TO REFLECT
THE CHANGES MADE.
III. AIR POLLUTION ABATEMENT:
A. PLANT A:
PLANT A HAS A CENTRAL PLANT FLARE SYSTZ.';
AND WE HAVE PROVIDED A FLARE TIP OF THE SMOKELESS
DESIGN, oJ THERE 15 MO PROBLEM HERE EXCEPT IN
UNUSUAL TYPES OF PLANT UPSETS.
THE ONLY UNIT WHICH IS A POTENTIAL SOURCE
OF ,MR POLLUTION PROBLEMS IS THE METHYL MERCAP-
TAN UNIT, WHICH CONVERTS METHANOL AND WASTE
HYDROGEN SULFIDE INTO THE PRODUCT. TO PREVENT
THE ESCAPE OF THE ODOROUS RAW MATERIALS AND BY-
PRODUCTS, ALL NON-PRODUCT STREAMS FROM THE UNIT
ARE VENTED INTO AN INCINERATOR TO CONVERT THE
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93
MAYOR EMMETT F. LOWRY
SULFUR COMPOUNDS TO S02. THE FLUE GAS IS
VENTED THROUGH A 140-FOOT STACK TO DISPERSE THE
S02. THE EMISSION DOES NOT NOW MEET THE TEXAS
AIR CONTROL BOARD LIMITS, AND WE HAVE SUBMITTED
A PETITION FOR A VARIANCE TO PERMIT US TO RESOLVE
THE PROBLEM. IT IS IMPORTANT TO NOTE HERE THAT
THE UNIT CONVERTS WASTE SULFUR, WHICH WOULD
OTHERWISE EITHER HAVE TO BE VENTED TO THE ATMOS-
PHERE OR CONSUMED BY SOME OTHER SULFUR RECOVERY
PROCESS, TO A SALABLE PRODUCT.
TOTAL INVESTMENT FOR PLANT A AIR POLLU-
TION ABATEMENT FACILITIES IS ABOUT $50,000 AND
THE OPERATING COST IS ABOUT $5,000/YEAR.
B. PLANT B:
AT PLANT 8 THE ONLY SIGNIFICANT SOURCE
OF AIR POLLUTION IS WASTE HYDROCARBON GASES FROM
THE PROCESS UNITS. TO HANDLE THIS WE WILL HAVE
TWO PLANT FLARE SYSTEMS, EACH EQUIPPED WITH
SMOKELESS TIPS. TOTAL INVESTMENT IN THE FLARES
AND COLLECTION SYSTEMS IS ABOUT $600,000, AND
THE OPERATING COST IS SOME $8,000/YEAR.
BORDEN, INC. - (CHEMICAL DIVISION/SMITH-
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99
MAYOR EMMETT F. LOWRY
DOUGLASS) TEXAS CITY, TEXAS:
THE SMITH-DOUGLASS PLANT WAS ORIGINALLY
CONSTRUCTED BY TEXAS CITY CHEMICAL COMPANY IN
1952 FOR THE PURPOSE OF PRODUCING DI-CALCIUM
PHOSPHATE. SMITH-DOUGLASS ACQUIRED THE PLANT
IN 1957, AND IN 1962 DISCONTINUED THE PRODUCTION
OF DI-CALCIUM PHOSPHATE. PRESENTLY, WE PRODUCE
SULFURIC ACID, PHOSPHORIC ACID AND AMMONIUM
PHOSPHATE FERTILIZER FOR AGRICULTURAL USE THROUGH
OUT THE SOUTHWEST FARMING AREA.
SULFURIC ACID IS PRODUCED BY BURNING
SULFUR, RELEASING S02, WHICH IS CONVERTED TO
S03, THEN ABSORBED INTO A DILUTE SULFURIC ACID.
ALL OF THIS IS ACCOMPLISHED THROUGH A COMPLETELY
ENCLOSED SYSTEM WITH THE EXHAUST STACK AT THE
VERY END OF THE PROCESS FOR THE PURPOSE OF PER-
MITTING THE FLOW OF GASSES THROUGH THE SYSTEM.
THE PHOSPHORIC ACID IS PRODUCED SY COM-
BINING SULFURIC ACID AND ROCK PHOSPHATE, WHICH
IS SHIPPED IN FROM SMITH-DOUGLASS OWNED MINES IN
FLORIDA. THE ROCK PHOSPHATE IS GROUND AFTER
IT IS RECEIVED THROUGH THE ROCK GRINDING MILL
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100
MAYOR EMMETT F. LOWRY
TO A PARTICLE SIZE OF APPROXIMATELY 70% MINUS
200 MESH, WHICH IS ABOUT 70 MICRONS IN SIZE.
DURING THE PROCESS OF MANUFACTURING PHOSPHORIC
ACID, THE PRECIPITATE, WHICH IS CALCIUM SULFATE,
IS PUMPTED AS A SLURRY TO THE SETTLING POND.
ALL OF THE WATER THEN FLOWS BACK BY GRAVITY INTO
THE PLANT AND IS REUSED.
ALL PROCESS WATER IS REUSED MANY TIMES
SO THAT MOST OF THE WATER EFFLUENT IS MERELY
SURFACE DRAINAGE WATER.
I WILL DISCUSS EACH OF THE PRODUCTION
UNITS SEPARATELY.
SULFURIC ACID:
WE HAVE A CHEMICO CONSTRUCTION DESIGNED
CONTACT SULFURIC ACID PLANT. IN EARLY 1966, AN
ADDITIONAL THIRD CONVERTER WAS ADDED TO THE PLANT,
WHICH INCREASED THE AMOUNT OF CATALYST (VANADIUM
PENTOXIDE) BY 40%. OTHER IMPROVEMENTS WERE MADE
AT THAT TIME, SUCH AS ADDING A NEW BOILER AND
NEW DUCTWORK, MOST OF WHICH CONTRIBUTED TO IMPROV-
ING THE EFFICIENCY OF THE PROCESS AND REDUCING
THE EMISSION OF S02 AND/OR SO INTO THE ATMOS-
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101
MAYOR EMMETT F. LOWRY
PHERE. THIS YEAR, 1968, WE COMPLETED THE INSTAL-
LATION OF A NEW STACK, 5'6" IN DIAMETER AND 250'
HIGH, ESPECIALLY DESIGNED AND ENGINEERED FOR
OUR PLANT BY LEONARD-MONSANTO, ENGINEERING EX-
PERTS IN THIS FIELD. WE WILL TAKE STACK SAMPLES
PERIODICALLY AND KEEP A RECORD OF THE CONCENTRA-
TION OF EMISSIONS OF S02 AND SOj. WE ARE PRE-
SENTLY OPERATING WITHIN THE STANDARD FOR AN
INDUSTRIAL AREA AT A LEVEL OF 0.17 PPM. HOWEVER,
THIS IS BASED UPON STUDIES MADE PRIOR TO THE
INSTALLATION OF OUR NEW 250' STACK. WE HAVE
ONLY RECENTLY COMPLETED THE STACK AND ADDITIONAL
STUDIES HAVE NOT YET BEEN MADE.
PHOSPHORIC ACID:
AS STATED ABOVE, ROCK PHOSPHATE IS DI-
GESTED WITH SULFURIC ACID TO PRODUCE PHOSPHORIC
ACID. THE FUMES WERE DRAWN FROM THE DIGESTERS
3Y STEAM JET EVACUATORS '/HI CM DILUTED AND DIS-
PERSED THE EMISSIONS. ALTHOUGH THIS WAS A SATIS-
FACTORY AIR POLLUTION CONTROL, WE DID REPLACE
THIS SYSTEM WITH A SPECIALLY ENGINEERED AND
DESIGNED WET SCRUBBER IN 1967. THIS NEW SYSTEM
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102
MAYOR EMMETT F. LOWRY
DRAWS FUMES FROM THE DIGESTERS AND ABSORBS
THEM BEFORE RELEASING INTO THE ATMOSPHERE
THROUGH A 75' STACK.
FERTILIZER:
AMMONIUM PHOSPHATE FERTILIZER IS MANU-
FACTURED BY COMBINING PHOSPHORIC ACID AND ANHY-
DROUS AMMONIA. IN 1964, TWO BANKS OF DUST CY-
CLONES WERE INSTALLED WHICH HAD BEEN ENGINEERED
AND DESIGNED ESPECIALLY FOR OUR OPERATION. THESE
DID NOT SOLVE ALL THE PROBLEMS, SO IN 1966 AN
IMPINGING TYPE WET SCRUBBER WAS DESIGNED AND
INSTALLED TO BACK UP THE CYCLONES. THE EMISSIONS
WERE THEN DISCHARGED FROM THIS SCRUBBER INTO A
150' HIGH, 6' DIAMETER FIBERGLASS STACK.
IN 1967, A NEW, SPECIALLY DESIGNED NHj
SCRUBBER REPLACED OUR OLD ONE TO CLEAN UP FUMES
FROM THE REACTORS AT THE FERTILIZER UNIT.
ROCK MILL:
THIS WAS THE SOURCE OF A VERY FINE DUST,
WHICH WOULD DRIFT AWAY FROM THE EXHAUST STACK OF
THE GRINDING MILL. THIS PROBLEM IS NOW ELIMINATED
BY PULLING THE DUST THROUGH A BAG DUST COLLECTOR.
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103
MAYOR EMMETT F. LOWRY
THE DUST COLLECTOR WAS INSTALLED DURING THIS
YEAR, 1968.
IN 1967, AN OUTSIDE FIRM WAS CONTRACTED
TO MEASURE ATMOSPHERIC EMISSIONS FROM OUR PLANT
IN THE IMMEDIATE AND SURROUNDING AREAS FOR:
1. DUST AND PARTICULATES
2. SULFUR DIOXIDE
3. FLUORIDES
k. ACID MIST OR FUMES
5. AMMONIA
THEIR FINDINGS WOULD INDICATE THAT WE
ARE NOW OPERATING WITHIN ACCEPTABLE LIMITS ON
ALL OF THESE CATEGORIES.
AT THE PRESENT TIME, WE HAVE PLANS TO
INSTALL ANOTHER BAG DUST COLLECTOR AT THE END
OF THE PHOSPHATE ROCK TRANSFER SYSTEM. THE PRE-
SENT PNEUMATIC CONVEYING SYSTEM NOW EMPTIES INTO
A CYCLONE, WHICH IS NOT AS EFFICIENT AS THE BAG
DUST COLLECTOR WILL BE.
PRELIMINARY STUDIES ARE ALSO BEING MADE
TO IMPROVE THE APPEARANCE OF THE EFFLUENT FROM
THE FERTILIZER STACK.
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MAYOR EMMETT F. LOWRY
MEEDLESS TO SAY, AS MODIFICATIONS AND
IMPROVEMENTS ARE MADE IN THE PROCESSING UNITS,
AIR AND WATER CONSERVATION WILL 3E CONSIDERED
IN THE DESIGNS.
SPEECH BEFORE SENATOR CHRIS COLE'S COM-
MITTEE - SEPTEMBER 6, 1968:
THE CITY OF GALVESTON HAS A SERIOUS PROB-
LEM IN THE AREA OF LAND-USE AND ENVIRONMENTAL
CONTROL. IN A MAJOR SENSE, THIS IS CAUSED BY
THE FACT THAT WE ARE AN ISLAND AND A RESORT CENTER
TO MAKE THE ISLAND ATTRACTIVE TO TOURISTS, WE
MUST DO EVERYTHING IN OUR POWER TO IMPROVE THE
APPEARANCE AND CONDITIONS ON THE ISLAND.
IN THE AREA OF AIR POLLUTION, THE CITY
IN THE PAST HAS DISPOSED OF ITS SOLID WASTE BY
BURNING IN AN OPEN PIT. THE CITY IS NOW PLAN-
NING A NEW PROCEDURE, IN THAT WE WILL GO TO THE
SANITARY LAND FILL METHOD OF DISPOSAL OF RUBBISH
BY JULY 1, 1969. AT THE SAME TIME IT WILL BE
NECESSARY FOR THE CITY COUNCIL TO CONSIDER ADOPT-
ING AN ORDINANCE WHICH WILL PROHIBIT ANY OPEN
FIRE WITHIN THE CITY LIMITS.
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105
MAYOR EMMETT F. LOWRY
IN THE AREA OF WATER POLLUTION, GALVESTON
IS VITALLY INTERESTED, AGAIN DUE TO THE FACT
THAT WE ARE SURROUNDED BY WATER. THE CITY OF
GALVESTON, WITH FEDERAL ASSISTANCE, HAS HIRED
A FIRM OF CONSULTING ENGINEERS TO MAKE AN INVEN-
TORY OF OUR SANITARY SEWER SYSTEM AND ALSO TO
MAKE RECOMMENDATIONS, WITH PRIORITIES, AS TO
HOW THE CITY SHOULD UPGRADE THIS SYSTEM. THIS
STUDY REPORT HAS JUST BEEN RECEIVED AND IT WILL
BE FOLLOWED AS RAPIDLY AS POSSIBLE SUBJECT ONLY
TO THE AVAILABILITY OF FUNDS. IN GENERAL, IT
RECOMMENDS NEW SANITARY MAINS IN THE OLDER AREAS
OF TOWN WHERE WE HAVE COMBINED SEWERS. IT RECOM-
MENDS PROJECTS TO UPGRADE THE EFFICIENCY OF TWO
OF OUR TREATMENT PLANTS. IT ALSO RECOMMENDS TWO
NEW PACKAGE PLANTS AND COLLECTION LINES IN AREAS
THAT ARE NOT SERVED BY SANITARY SEWER SYSTEM.
WE HAVE JUST COMPLETED A COLLECTION SYSTEM
ALONG TEICHMAN ROAD WHICH WILL ELIMINATE THE
EXISTING SEPTIC TANKS ALONG THE NORTH SHORE OF
OFFATS BAYOU. THE CITY, BY POLICY, WILL DO
EVERYTHING POSSIBLE TO ELIMINATE ANY SOURCE OF
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106
MAYOR EMMETT F. LOWRY
WATER POLLUTION FROM WITHIN THE CITY LIMITS.
GALVESTON IS A TOURIST CENTER AND MANY
HUNDREDS OF THOUSANDS CF PEOPLE, BOTH FROM
WITHIN AND OUTSIDE OF THE STATE, COME AND USE
OUR BEACHES. WITH THEM COMES THE CONSTANT PROB-
LEM LITTER. IN AN EFFORT TO KEEP THESE BEACHES
CLEAN, THE CITY OF GALVESTON IN 1966 PASSED A
COMPREHENSIVE LITTER ORDINANCE.
IN 1968 THE COUNCIL PASSED AN ORDINANCE
PROHIBITING GLASS CONTAINERS TO BE TAKEN ON TO
THE BEACH WITHIN THE CITY LIMITS. BOTH OF THESE
ORDINANCES ARE BEING ENFORCED, HOWEVER, THE
LITTERING CONTINUES TO BE A PROBLEM. THE INCREAS-
ING AMOUNT OF OIL AND TAR THAT APPEARS ON THE
BEACHES HAS A TREMENDOUS NUISANCE VALUE. WE ARE
SURE THAT THE OFFSHORE OIL, GAS AND MINERAL
DEVELOPMENTS ARE CONTRIBUTING TO THE LITTER ON
THE BEACH.
THE LITTER AND OTHER PROBLEMS CONNECTED
TO THE BEACH WERE BROUGHT TO THE ATTENTION OF
THE STATE BEACH STUDY COMMITTEE, WHICH HELD ITS
FIRST HEARING IN GALVESTON ON THE 21ST AND 22ND
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107
MAYOR EMMETT F. LOWRY
OF AUGUST, AND WE FIRMLY HOPE AND BELIEVE THAT
AT THE CONCLUSION OF THEIR STUDY WE WILL RECEIVE
SOME ASSISTANCE IN THIS AREA.
FROM THE FOREGOING I AM SURE THAT YOU
CAN SEE THAT WE ARE AWARE OF THE PROBLEMS THAT
AFFECT OUR ENVIRONMENT AND I CAN ASSURE YOU
THAT WE ARE CONSTANTLY STRIVING TO IMPROVE THE
SITUATION AND MAKE GALVESTON ISLAND A BETTER
PLACE ON WHICH TO LIVE OR VISIT.
STATEMENT BY EMMETT F. LOWRY, MAYOR CITY
OF TEXAS CITY, AT COMMITTEE FOR THE STUDY OF LAND
USE AND ENVIRONMENTAL CONTROL HEARING, SEPTEMBER
6, 1968, AT TEXAS CITY, TEXAS.
DISTINGUISHED MEMBERS OF THE COMMITTEE:
I WILL NOT CRITICIZE THE PAST BUT I WILL
ADMIT THAT IN THE PAST THE CITY OF TEXAS CITY
HAS BEEN GUILTY OF POLLUTING THE WATERS OF THE
BAY AND TODAY WE ARE PROJrttiLY GUILTY TO SOME
EXTENT OF POLLUTING THE AIR THROUGH THE "BURN"
SYSTEM OF SOLID WASTE MATERIAL.
TEXAS CITY FIRST BECAME POLLUTION CON-
SCIOUS IN 1950 WHEN THE CITY BUILT ITS FIRST
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108
MAYOR EMMETT F. LOWRY
WASTEWATER TREATMENT PLANT WITH A CAPACITY TO
ACCOMMODATE A POPULATION OF 25,-QOO. ACCORDING
TO THE GALVESTON COUNTY MAINLAND CITIES HEALTH
DEPARTMENT, TEXAS CITY WAS THE FIRST CITY IN
THE COUNTY TO OFFER COMPLETE TREATMENT OF RAW
SEWAGE.
THEN IN 1955 THE CITY CONSTRUCTED THE
SECOND WASTE WATER TREATMENT PLANT TO SERVE
THE NEWLY ANNEXED AREA WEST OF STATE HIGHWAY 146
AND'NORTH OF FARM TO MARKET ROAD 1765. SEWAGE
LINE INSTALLATIONS WERE BEGUN IMMEDIATELY AND
TODAY ALL BUT 8 OF THE HOMES IN THIS AREA ARE
CONNECTED TO THE SEWER SYSTEM.
A PROJECT COSTING $450,000 FOR IMPROVE-
MENTS TO AND ENLARGEMENT OF THE MAIN WATER TREAT-
MENT PLANT WAS STARTED IN 1963. BIDS ARE DUE
SEPTEMBER 18, FOR THE FIRST PHASE OF AN ADDITIONAL
$185,000 IMPROVEMENT IN BOTH PLANTS.
PLEASE BE ASSURED THIS CITY COMMISSION
WILL SEE THAT IT CONTINUES CONSTANTLY TO KEEP
UP WITH THE RAPID GROWTH OF TEXAS CITY. TO BE
POSITIVE ALL TREATMENT FACILITIES MEET THE HIGH-
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109
MAYOR EMMETT F. LOWRY
EST STANDARDS OF PERFECTION THEY ARE CONSTRUCTED
WITH THE ADVICE AND APPROVAL OF THE TEXAS STATE
HEALTH DEPARTMENT AND RECENTLY THE TEXAS WATER
POLLUTION CONTROL BOARD. OUR PRESENT FACILITIES
SHOULD ACCOMMODATE A POPULATION OF 60,000.
THE STATE REQUIRES THAT EACH WASTE WATER
TREATMENT PLANT BE PLACED UNDER THE SUPERVISION
OF ONE CERTIFIED OPERATOR. THE CITY COMMISSION
IN ITS DETERMINED EFFORT TO ASSURE MAXIMUM OPERA-
TION OF THE FACILITIES HAS GONE BEYOND STATE
REQUIREMENTS, AND EMPLOYED CERTIFIED OPERATION
ON EACH SHIFT, 7 DAYS A WEEK, 2
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110
MAYOR EMMETT F. LOWRY
THAT SOME EFFLUENTS FROM WASTE WATER TREATMENT
PLANTS CAN BE USED FOR VARIOUS PROCESS PURPOSES
IN SOME INDUSTRIES, FOR INSTANCE, COOLING WATER.
THE CITY HAS COOPERATED WITH ONE LOCAL INDUSTRY
IN MAKING PRELIMINARY TESTS ALONG THIS LINE.
OVER THE PAST FIVE YEARS YOUR CITY GOVERNMENT
HAS SPENT OVER ONE MILLION DOLLARS ON PREVENTA-
TIVE INSTALLATIONS TO CURB WATER POLLUTION. THE
CITY ALSO GIVES SUBSTANTIAL FINANCIAL SUPPORT
TO THE GALVESTON COUNTY MAINLAND CITIES HEALTH
DEPARTMENT TO ASSIST IN ITS CONSTANT ENDEAVORS
TO FIND POSITIVE SOLUTIONS IN CONTROLLING AIR AMD
WATER POLLUTION.
FACTS ARE STUBBORN THINGS AND SOMEONE
HAS SAID "THE BEST WAY OUT OF DIFFICULTY IS
THROUGH IT/' SO THE CITY COMMISSION, THROUGH
ITS CONSTANT STUDY AND PLANNING, PUTS INTO EFFECT
TODAY WHAT WE PLANNED YESTERDAY AND WE ARE PLAN-
NING TODAY WHAT WE WILL PUT INTO EFFECT TOMORROW.
THIS DOES NOT MEAN WE ARE ON A DAY TO DAY BASIS
IN OUR OPERATIONS BECAUSE MANY OF OUR STUDIES
CONCERN PROJECTS FAR IN ADVANCE OF REQUIREMENTS
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Ill
MAYOR EMMETT F. LOWRY
BUT WHICH WILL BE READY WHEN GROWTH AND NEED
SO DICTATES. FOR THOSE OF YOU INTERESTED IN COSTS
OF WASTE WATER OPERATION, THE NUMBER OF EMPLOYEES
SERVING IS 17 AND THE ANNUAL OPERATING BUDGET
IS $235,000.00.
OUR IMMEDIATE CONCERN IN THE POLLUTION
PROBLEMS IS OUR SOLID WASTE DISPOSAL AREA LOCATED
IN THE NORTHEAST PART OF THE CITY. YOU WILL
REMEMBER I PREVIOUSLY STATED THAT DISPOSAL CON-
TROL OF SOLID WASTE IS BY THE "BURN" SYSTEM RATHER
THAN SANITARY LAND FILLS WHICH ARE IMPRACTICABLE
IN THAT PARTICULAR AREA BECAUSE OF THE INSUFFICIENT
AMOUNT OF SOIL BETWEEN THE WATER TABLE AND THE
GROUND SURFACE. HOWEVER, YOUR CITY COMMISSION
IS KEEPING ABREAST OF ALL DEVELOPMENTS IN OTHER
CITIES WHICH ARE BEING TRIED FOR SUCH DISPOSAL,
SUCH AS COMPOSTING, INCINERATION, ETC. ALL OF
THE NEW DEVELOPMENTS OF DISPOSAL ARE BEING EVALU-
ATED WITH CONSERVATION OF THE TAXPAYERS' DOLLARS
UPPERMOST IN THE MINDS OF THE COMMISSION. UNTIL
THERE IS CONCLUSIVE EVIDENCE THAT ONE SYSTEM
OFFERS A COMPLETE AND SATISFACTORY MEANS OF DIS-
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112
MAYOR EMMETT F. LOWRY
POSAL WE WILL CONTINUE TO MAKE OUR PLANS TO
BEGIN A SANITARY LAND FILL PROCEDURE ON JULY 1,
1969.
ONE BRIGHT PICTURE IN THE SOLID WASTE
DISPOSAL PROBLEM IS OUR EFFICIENT GARBAGE COLLEC-
TION SYSTEM. 32 EMPLOYEES OPERATE THE SANITATION
DEPARTMENT WITH AN ANNUAL OPERATING BUDGET OF
$213,469.00.
TODAY IT SEEMS MOST POPULAR TO ACCUSE
ONLY INDUSTRY OF AIR AND WATER POLLUTION, BUT I
HAVE SHOWN YOU THAT THE CITY CAN BE, WAS, AND
IS, ALSO GUILTY. AND WHO IS THE CITY? NONE
OTHER THAN ITS CITIZENS. IT HAS BEENSAID THAT
"CIVILIZATION IS PAVED WITH TIN CANS," BUT TODAY'S
CIVILIZATION SEEMS TO BE PAVED WITH ALUMINUM
BEER CANS AND BUNDLES OF TRASH OR GARBAGE ALONG
OUR ROADS AND IN OUR PARKS. THIS IS A FORM OF
POLLUTION. YOU HAVE SEEN THE SECOND CAR IN A
FAMILY USED TO TRAVEL TO WORK OR THE '-JUNKER"
USED TO GO FISHING IN, ON OUR STREETS SENDING UP
A CLOUD OF OBNOXIOUS SMOKE. THIS IS A FORM OF
POLLUTION. SOME HEALTH FADISTS CLAIM THE "CHAR"
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113
MAYOR EMMETT F. LOWRY
FROM GRILLED OR BARBECUED MEAT IS A SOURCE OF
CANCER. THAT, I DO NOT KNOW ABOUT, BUT I DO
KNOW SMOKE FROM GRILLS AND PITS ARE A FORM OF
AID POLLUTION, SO YOU SEE EVERYONE IS GUILTY TO
SOME EXTENT FOR POLLUTION. WE HAVE READ IN THE
HOUSTON NEWSPAPERS THAT THEY ARE RECEIVING SOME
AIR POLLUTANTS FROM TEXAS CITY. THIS IS POSSIBLE,
AND WE CAN FEEL THAT WE ARE EXCHANGING IT FOR
THE SAME FROM GALVESTON, TO THE SOUTH OF US.
THIS POINTS OUT THE AREA WIDE EFFECT OF POLLUTION.
WE CAN DO NOTHING ABOUT THEIR PROBLEMS EXCEPT
BY SOLVING OUR OWN AMD THIS WE ARE DOING. I
HOPE OUR GOOD NEIGHBORS WILL STRIVE AS HARD AS
WE .
AS I TOLD YOU BEFORE "FACTS ARE STUBBORN,1
AND IN THE CASE OF LOCAL POLLUTION, FACT, HAVE A
WAY OF POINTING THE FINGER AT ALL OF US BUT BY
WORKING TOGETHER AND DISPLAYING THE PROPER AMOUNT
OF TOLERANCE WE HAVE AND WILL GAIN AN INSIGHT
TO THE CONCERN OF INDUSTRY AND OF THE VAST AMOUNTS
OF MONEY BEING SPENT, TO PROTECT OUR INTEREST AS
INDIVIDUAL CITIZENS AND AS A CITY.
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MAYOR EMMETT F. LOWRY
I TAKE PARTICULAR PRIDE IN MY BELIEF
THAT THERE IS A SPIRIT OF CLOSE COOPERATION BE-
TWEEN THE MEMBERS OF INDUSTRY, THE AIR CONTROL
DIVISION OF THE GALVESTON COUNTY MAINLAND CITIES
HEALTH DEPARTMENT, THE CITY OF TEXAS CITY, AS
WELL AS THE CITIZENRY OF THE AREA. WE FEEL THAT
ONLY THROUGH THIS TYPE OF COOPERATION CAN WE
ACCOMPLISH THE GOALS WE SEEK TO ATTAIN.
WE BELIEVE THAT GALVESTON COUNTY WILL
BECOME A MODEL FOR OTHER AREAS TO FOLLOW IN THE
FIELDS OF AIR, WATER, AND SOLID WASTE CONTROL.
STATEMENT BY GALVESTON COUNTY COMMISSIONERS'
COURT TO SENATOR CRISS COLE, CHAIRMAN AND MEMBERS
OF THE LEGISLATIVE COMMITTEE FOR THE STUDY OF
LAND USE AND ENVIRONMENTAL CONTROL, CITY HALL,
TEXAS CITY, TEXAS;
GENTLEMEN:
THE GALVESTON COUNTY COMMISSIONERS'
COURT APPRECIATES THE LEGISLATIVE COMMITTEE FOR
THE STUFY OF LAND USE AND ENVIRONMENTAL CONTROL
MEETING IN TEXAS CITY AND WELCOMES THE OPPORTUNITY
TO PRESENT THE FOLLOWING INFORMATION TO THE COMMIT-
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115
MAYOR EMMETT F. LOWRY
TEE.
IT IS BECOMING INCREASINGLY MORE APPAR-
ENT THAT COUNTY GOVERNMENT MUST HAVE LEGAL
AUTHORITY OVER LAND USE OUTSIDE THE INCORPORATED
CITY LIMITS IN THE SAME MANNER AS INCORPORATED
CITIES WITHIN THEIR LIMITS. THIS SHOULD INCLUDE
THE AUTHORITY TO ISSUE BUILDING PERMITS, AUTHOR-
ITY TO REGULATE THE USE OF LAND AND ADJACENT SUB-
MERGED LAND TO PROVIDE FOR THE BEST INTERESTS OF
THE COUNTY. A BILL SIMILAR TO THIS WAS INTRO-
DUCED IN THE GOTH LEGISLATURE AND YOUR CONSIDERA-
TION OF SUCH A MEASURE IS EARNESTLY REQUESTED.
THE GALVESTON COUNTY COMMISSIONERS'
COURT ENDORSES THE EFFORTS OF THE TEXAS WATER
QUALITY BOARD AND THE TEXAS AIR CONTROL BOARD TO
ELIMINATE POLLUTION OF OUR WATERWAYS AND AIR IN
TEXAS. DURING THE YEAR 1968, GALVESTON COUNTY
BEGAN THE AIR CONTROL DIVISION WITHIN THE GALVESTON
COUNTY - MAINLAND CITIES HEALTH DEPARTMENT WITH
AID FROM A FEDERAL GRANT. WE ARE NOW ACTIVELY
ASSISTING AND COOPERATING WITH THE TEXAS AIR
CONTROL BOARD TO CARRY OUT ITS PLAN FOR THE STATE
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116
MAYOR EMMETT F. LOWRY
OF TEXAS. YOUR ASSISTANCE IN PROPERLY FUNDING
THIS STATE AGENCY WILL BE GREATLY APPRECIATED.
WE ALSO REQUEST YOUR CONSIDERATION OF LEGISLATION
TO GIVE AUTHORITY TO LOCAL GOVERNMENTS TO PREVENT
AIR POLLUTION AGAINST ALL PERSONS OR CORPORATIONS
BY COURT ACTION CRIMINALLY OR CIVILLY.
COOPERATION BETWEEN GALVESTON COUNTY,
THE CITIES OF GALVESTON COUNTY AND THE VARIOUS
CHAMBERS OF COMMERCE ON POLLUTION PROBLEMS HAS
BEEN VERY ENCOURAGING DURING THE PAST TWO YEARS.
IT IS ESSENTIAL THAT AUTHORITY IS PROVIDED FOR
CITIES AND OTHER LOCAL GOVERNMENTS TO COOPERATE
WITH THE COUNTY TO COMBAT POLLUTION IF PRESENT
STATUTES DO NOT PROVIDE SUCH AUTHORITY. AN IDEAL
EXAMPLE OF THIS IS THE PLANT EFFLUENT PROBLEM
ALONG HIGHWAY 197 AND F. M. 519 IN TEXAS CITY.
THROUGH COOPERATION WITH THE CITY OF TEXAS CITY,
THE AIR AND WATER CONSERVATION COMMITTEE OF THE
TEXAS CITY CHAMBER OF COMMERCE, AND GALVESTON
COUNTY THE TEXAS WATER QUALITY BOARD IS ACTIVELY
WORKING WITH LOCAL INDUSTRIES FOR A PERMANENT
SOLUTION TO THIS POLLUTION PROBLEM. HOWEVER,
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117
MAYOR EMMETT F. LOWRY
SOME COLLECTIVE AUTHORITY IS NEEDED FOR THE CITY
AND COUNTY TO ACT IN THE EVENT THE TEXAS WATER
QUALITY BOARD DECIDES NOT TO ACT.
ONE OF THE MOST URGENT LOCAL PROBLEMS
DURING THE NEXT YEAR REQUIRING LOCAL GOVERNMENT
COOPERATION IS THE DISPOSAL OF SOLID WASTE.
MUCH PROGRESS IS BEING MADE IN GALVESTON COUNTY
BECAUSE OF THE GALVESTON COUNTY MAYORS AND COUN-
CILMEN'S ASSOCIATION AND THE COOPERATION BETWEEN
THE COUNTY AND THE CITY GOVERNMENTS. THE STATE
HEALTH DEPARTMENT HAS BEEN MOST HELPFUL IN ADVIS-
ING AND ASSISTING US FROM A TECHNICAL STANDPOINT
TO REACH A SATISFACTORY SOLUTION. THIS COMMITTEE
IS RESPECTFULLY URGED TO PROVIDE ADDITIONAL AUTHOR-
ITY TO THE STATE HEALTH DEPARTMENT SO THEY MIGHT
HELP COUNTIES AND CITIES REACH A DESIRABLE SOLU-
TION TO THE PROBLEM OF SOLID WASTE DISPOSAL.
THIS SHOULD INCLUDE SOME FINANCIAL ASSISTANCE FOR
CAPITAL EXPENDITURES AS WELL AS TECHNICAL ASSIST-
ANCE.
FINALLY, THE GALVESTON COUNTY COMMISSIONERS'
COURT URGES THIS HONORABL.il COMMITTEE TO GIVE
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118
MAYOR EMMETT F. LOWRY
STRONG CONSIDERATION TO THE PROPOSED GALVESTON
BAY AUTHORITY WHICH WOULD PROVIDE FOR A MULTI-
COUNTY TAXING AUTHORITY TO DEAL WITH THE LOCAL
PROBLEMS OF WATER POLLUTION, INCLUDING SEWAGE
AND LIQUID WASTE DISPOSAL, AND SOLID WASTE DIS-
POSAL. THE GALVESTON COUNTY COMMISSIONERS' COURT
HAS NOT REACHED ANY DECISION AS TO WHETHER WE
WOULD FAVOR THIS AUTHORITY BUT AS AN ACTIVE MEM-
BER OF THE HOUSTON - GALVESTON AREA COUNCIL WE
HOPE TO SUPPORT AREA-WIDE AND' .REGIONAL PROGRAMS
FOR THE SOLUTION OF LOCAL PROBLEMS. IF THE PRO-
POSED GALVESTON BAY AUTHORITY APPEARS TO BE THE
PROPER VEHICLE, WE WOULD ENCOURAGE THIS COMMITTEE
TO SEEK ITS ADOPTION IN THE 61ST LEGISLATURE.
WE ARE PLEASED TO HAVE THIS OPPORTUNITY
TO APPEAR BEFORE THIS HONORABLE COMMITTEE. WE
WELCOME ANY QUESTIONS OR COMMENTS ON THE INFORMA-
TION PRESENTED TO YOU.
RESPECTFULLY SUBMITTED, RAY HOL3ROOK,
COUNTY JUDGE.
GAF CORPORATION REPORT TO LAND USE AND
ENVIRONMENTAL STUDY COMMITTEE, TEXAS CITY, TEXAS,
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119
MAYOR EMMETT F. LOWRY
SEPTEMBER 6, 1968, PRESENTED BY DR. DAVID E.
GENSHEIMER.
SEVERAL YEARS AGO GAP CORPORATION RECOG-
NIZED THE NEED TO EXPAND CERTAIN OF ITS MANUFACTUR-
ING FACILITIES. MANY LOCATIONS OVER THE CONTIGU-
OUS UNITED STATES WERE CONSIDERED. THE GULF COAST
OF TEXAS SHOWED ADVANTAGES AMONG WHICH ARE A
FAVORABLE CLIMATE, A GOOD EDUCATIONAL SYSTEM AND
PROXIMITY TO RAW MATERIALS, WESTERN MARKETS AND
DEEP WATER TRANSPORTATION. BECAUSE OF THESE
AND OTHER CONSIDERATIONS, WE HAVE BECOME A NEW
MEMBER OF THE TEXAS CITY COMMUNITY. WE FEEL THAT
THE CHOICE OF LOCATION WAS WELL ADVISED AND SHOULD
BE ADVANTAGEOUS TO THE STATE, THE COMMUNITY AND
TO GAF FOR MANY YEARS.
WE WERE ALSO ADVISED, HOWEVER, THAT WE
WOULD BE PLACING OURSELVES IN A MOST SENSITIVE
POSITION. THE CONSTRUCTION AND EARLY OPERATIONS
OF THE PLANT WOULD OCCUR AT A TIME WHEN PUBLIC
AND GOVERNMENTAL INTEREST IN POLLUTION MATTERS
WERE REACHING NEW HEIGHTS. THE IMPLICATION IS
NOT THAT THIS IS BAD BUT QUITE SIMPLY THAT THE
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120
MAYOR EMMETT F. LOWRY
PLANT SHOULD BE EQUIPPED TO HANDLE POLLUTION
PROBLEMS. SECONDLY, THE PLANT SITE DRAINS NATUR-
ALLY INTO MOSES BAYOU, A TIDAL BACKWATER, AND
THENCE INTO MOSES LAKE, AN EXTREMELY SHALLOW
BODY OF WATER WHOSE NORMAL COMMUNICATION WITH
GAliVESTON BAY HAS RECENTLY BEEN RESTRICTED BY
A FLOODWALL AND FLOODGATE. THUS, EVEN THOUGH AN
ECOLOGICAL IMBALANCE MIGHT BE EXPECTED, GAF WOULD
BE VULNERABLE. THIRDLY, THE GAF PLANT WOULD BE
ISOLATED AND THE ONLY INDUSTRY ON THE NORTH SIDE
OF TEXAS CITY, MAKING ANY ERRORS INSTANTLY APPAR-
ENT TO THE WHOLE COMMUNITY.
TO GET BACK TO THE POINT - RECOGNIZING
OUR INADEQUACIES AND DESIRING TO BE A GOOD NEIGH-
BOR WE INVOLVED IN THE DESIGN OF THE NEW PLANT
A POLLUTION CONSULTANT, AN ECOLOGIST, A GEOLOGIST,
A MARINE BIOLOGIST AND AN OCEANOGRAPHER. THE
RECOMMENDATIONS OF THESE EMINENT EXPERTS WERE
ACCEPTED, INCORPORATED IN THE DESIGN AND HAVE
RESULTED IN THE CONSTRUCTION OF POLLUTION CONTROL
FACILITIES AND EQUIPMENT VALUED AT ABOUT TWO
MILLION DOLLARS.
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121
MAYOR EMMETT F. LOWRY
THE PLANT AS IT NOW STANDS CONSISTS OF
TWO SEPARATE PRODUCTION AREAS, WHOSE MAJOR WASTES
ARE QUITE DIFFERENT AND HANDLED SEPARATELY. THE
FIRST, THE ACETYLENE CHEMICALS PLANT, STARTED
LIMITED OPERATIONS EARLY THIS YEAR. THERE IS NO
MEASURABLE AIR POLLUTION FROM THIS PLANT. THERE
IS NO OPEN DUMP BURNING; AS A MATTER OF FACT
WASTES ARE NOT BURNED AT ALL. PARTICULATE MATTER
IS TRAPPED IN BAG HOUSES AND OTHER MATERIALS
ESCAPING TO THE ATMOSPHERE ARE INSIGNIFICANT
BECAUSE OF THE LAVISH USE OF TRAPS, SCRUBBERS
AND OTHER EQUIPMENT DESIGNED TO PREVENT SUCH A
NUISANCE. THE SANITARY WASTE IS TREATED IN A
COMMERCIAL AEROBIC DIGESTER, CHLORINATED, AND
TAKEN, ALONG WITH TREATED BOILER AND COOLING
TOWER EFFLUENT, INTO A HOLDING BASIN WITH A
THREE DAY CAPACITY. THIS POND IS EQUIPPED WITH
OIL SKIMMING AND REMOVING FACILITIES WHICH THUS
FAR HAVE NOT BEEN NEEDED. APPORTION OF THE
EFFLUENT FROM THIS POND IS PUMPED THROUGH A
MONITOR AQUARIUM, WHICH IS LOCATED IN A CONTROL
ROOM AND KEPT UNDER CLOSE OBSERVATION. THIS
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122
MAYOR EMMETT F. LOWRY
EQUIPMENT IS ALSO OF MARGINAL VALUE BECAUSE THE
THREE DAY POND SUPPORTS A SIZEABLE FISH POPULA-
TION. THE POND OVERFLOWS TO MOSES BAYOU. SHOULD
OUR SAMPLES OR THE MONITOR AQUARIUM SHOW A PROB-
LEM TO EXIST, THE POND MAY BE DAMMED AND THE
EFFLUENT PUMPED TO AN EMERGENCY BASIN HAVING AN
EIGHT DAY CAPACITY. FROM THIS BASIN IT CAN BE
ROUTED BACK THROUGH THE TREATMENT FACILITY AND
DISPOSED OF BY OTHER MEANS OR ALTERED UNTIL IT
MEETS SPECIFICATIONS. ANOTHER PORTION OF THE
WASTE IS HANDLED IN STILL ANOTHER FASHION. THIS
IS AN AQUEOUS STREAM WHICH CONTAINS ORGANIC
CHEMICALS FROM THE VARIOUS PROCESSES. THIS WAS
FOUND TO BE BIODEGRADABLE BUT THE RESULTANT
MATERIAL CONTAINED AN UNIDENTIFIED SUBSTANCE
THAT WAS TOXIC TO FISH. THEREFORE, THE ORGANIC
WASTES FROM THE ENTIRE PLANT ARE NEUTRALIZED,
SETTLED, COAGULATED, FILTERED AND INJECTED INTO
SALINE SANDS ABOUT 4000 FEET BELOW THE SURFACE.
THE REMAINING WASTES ARE MORE OR LESS THE NORMAL
DEBRIS OF HUMANITY AND OFFICES AND ARE ACCUMULATED
WITHIN THE PLANT AND ARE HAULED OFF BY COMMERCIAL
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123
MAYOR EMMETT F. LOWRY
SCAVENGER.
THE SECOND PRODUCTION AREA, THE HERBICIDE
PLANT, IS NOW UNDER CONSTRUCTION AND WILL BEGIN
OPERATIONS VERY SOON. WHILE THERE ARE SEVERAL
PROCESSING BY-PRODUCTS WHICH COULD BECOME AIR
POLLUTANTS, EACH SOURCE IS EQUIPPED WITH AN
EFFICIENT SCRUBBING SYSTEM. IN SOME CASES THESE
BECOME SALABLE CHEMICALS. IN OTHERS THEY BECOME
PART OF A PROBLEM OF SUCH MAGNITUDE THAT NO CON-
SIDERATION COULD BE GIVEN TO LOCAL DISPOSAL.
THESE WASTES ARE TO BE PONDED IN LINED BASINS,
NEUTRALIZED, CONCENTRATED WITH SUBMERGED BURNERS
AND THEN PUMPED TO BARGES WHICH CARRY THEM 100
MILES TO SEA BEYOND THE CONTINENTAL SHELF FOR
DISCHARGE. GAF IS NOW BUILDING A BARGE DOCK
AND TURNING BASIN IN MOSES LAKE AND DREDGING A
CHANNEL ACROSS MOSES LAKE TO DICKINSON CHANNEL
IN ORDER TO ACCOMMODATE THE WASTE BARGES.
DRUMMED RESIDUES WILL BE DISPOSED OF BY THE SAME
METHOD.
PARTS OR ALL OF GAF'S POLLUTION CONTROL
PROGRAM HAVE BEEN REVIEWED AND APPROVED BY MOST
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124
MAYOR EMMETT F. LOWRY
STATE AND FEDERAL AGENCIES NOW CONCERNED WITH
POLLUTION. THESE INCLUDE THE TEXAS WATER QUAL-
ITY BOARD, THE TEXAS PARKS AND WILDLIFE DEPART-
MENT, THE TEXAS WATER DEVELOPMENT BOARD, THE
CORPS OF ENGINEERS, THE BUREAU OF SPORT FISHERIES
AND WILDLIFE, AND THE FEDERAL WATER POLLUTION
CONTROL ADMINISTRATION.
WE AT THE TEXAS CITY PLANT HAVE BEEN
CHARGED BY OUR CORPORATE STAFF TO ACCEPT NO PRO-
CESS WHICH DOES NOT CONTAIN ADEQUATE PROVISION
FOR WASTE DISPOSAL. I, PERSONALLY, FEEL THAT
THUS FAR WE HAVE DONE WELL AND THAT GAF IS WILL-
ING TO BACK UP ITS INTENT WITH DOLLARS. NEXT
YEAR, WITH THE ADDITION OF NO NEW EQUIPMENT, OUR
WASTE DISPOSAL BILL WILL APPROACH ONE HALF MILLION
DOLLARS. SINCE WE IN TEXAS CITY EXPECT THIS PLANT
TO EVENTUALLY BE THE LARGEST CHEMICAL COMPLEX IN
THE CORPORATION, THERE IS NO REASON TO EXPECT
THE EXPENDITURE TO DECREASE OR THAT THE COMPANY
WILL FAIL TO MEET ITS OBLIGATIONS.
STATUS REPORT OF AIR CONTROL DIVISION,
GALVESTON COUNTY-MAINLAND CITIES HEALTH DEPART-
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125
MAYOR EMMETT F. LOWRY
MENT, PRESENTED BY JOHN F. CONLON, PROGRAM CHIEF,
AT HEARING OF COMMITTEE FOR STUDY OF LAND USE
AND ENVIRONMENTAL CONTROL, HELD IN TEXAS CITY,
TEXAS ON SEPTEMBER 6, 1968; AIR QUALITY MONITOR-
ING PROGRAM SUPPORTED BY GALVESTON COUNTY FUNDS
AND FEDERAL GRANT NO. 68A-4706RD, U. S. PUBLIC
HEALTH SERVICE:
POLLUTION CAN BE DEFINED AS RESOURCES
THAT ARE OUT OF PLACE WITH RESPECT TO MAN'S
COMFORT AND ENJOYMENT OF LIFE. TWENTY-FIVE YEARS
AGO THE RESIDENTS OF GALVESTON COUNTY, LIKE PEO-
PLE IN OTHER AREAS, WERE BEGINNING TO BECOME
AWARE OF THE WASTE PRODUCTS OF INDUSTRY. BLISS-
FULLY IGNORING THEIR OWN CONTRIBUTIONS AND RESPON-
SIBILITIES IN THE SITUATION, THE PEOPLE BEGAN TO
VOICE THEIR COMPLAINTS. THESE WERE USUALLY
AIMED AT THE INDUSTRIAL PLANTS GROUPED IN A ZONE
ALONG THE SOUTHERN FRINGES OF TEXAS CITY. THIS
INDUSTRIAL AREA OF TEXAS CITY IS THE MAJOR CON-
CENTRATION OF PRODUCTION ACTIVITY IN THE COUNTY
THAT PRODUCES CONSIDERABLE QUANTITIES OF EMIS-
SIONS AND EFFLUENTS OF CONTAMINANTS. ITS PHYSI-
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126
MAYOR EMMETT F. LOWRY
CAL PROMINENCE MAKES IT A CONVENIENT TARGET FOR
CRITICISM. ABOUT 1947, A FLURRY OF COMPLAINTS
RESULTED IN THE FORMATION OF THE TEXAS CITY AIR
POLLUTION COMMITTEE. INCLUDED WAS A TECHNICAL
SUB-COMMITTEE COMPOSED OF SCIENCE-TRAINED PER-
SONNEL REPRESENTING EACH OF THE VARIOUS INDUS-
TRIAL PLANTS. THIS GROUP PROCESSED COMPLAINTS
FROM THE CITIZENS AND WAS GENERALLY ABLE TO IN-
DUCE REMEDIAL ACTION. PLANT MANAGEMENT WERE
ALERTED TO ADVERSE REACTIONS IN THE COMMUNITY
RESULTING FROM SPILLS, PROCESS UPSETS AND CARE-
LESS CONTROLS. DISAGREEABLE ODORS RANKED HIGH
ON THE LIST OF COMPLAINTS.
THE CONTINUED EXPANSION OF INDUSTRY AND
THE GROWTH IN POPULATION MAGNIFIED THE PUBLIC'S
ATTENTION TO POLLUTION. THIS CONCERN WAS RELAYED
TO OUR LEGISLATORS AND RESULTED IN PROPOSALS
FOR NEW LAWS TO MORE EFFECTIVELY CORRECT THE
PROBLEM. IN 1965, THE CLEAN AIR ACT OF TEXAS
CREATED THE TEXAS AIR CONTROL BOARD TO SAFEGUARD
THE AIR RESOURCES OF THE STATE FROM MISUSE OR
POLLUTION. THIS ENTAILED THE FORMULATION AND
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127
MAYOR EMMETT F. LOWRY
ADOPTION OF RULES AND REGULATIONS, AND THE
ESTABLISHMENT OF QUANTITATIVE LIMITS FOR ALLOW-
ABLE LEVELS OF POLLUTANTS IN THE ATMOSPHERE OVER
TEXAS. INVITATIONS BY THE BOARD TO INDUSTRIAL
PEOPLE FOR COMMENTS ON A PROPOSED REGULATION FOR
SMOKE AND PARTICULATE MATTER EMPHASIZED THE FACT
THAT THERE WAS A PAUCITY OF DATA AND INFORMATION
ABOUT THE QUALITY OF THE ATMOSPHERE IN THE TEXAS
CITY AREA. IN ADDITION, BOTH THE WATER POLLU-
TION CONTROL BOARD AND THE AIR CONTROL BOARD
EXPRESSED A DESIRE, EVEN A NEED, FOR A SINGLE
SPOKESMAN FOR A COMMUNITY GROUP OF INDUSTRIES
SO AS TO MAKE EFFICIENT USE OF THE THEN LIMITED
TECHNICAL STAFF AVAILABLE TO THE RESPECTIVE
BOARDS. THIS REQUEST RESULTED IN FORMATION OF
THE TEXAS CITY CHAMBER OF COMMERCE AIR AND WATER
CONSERVATION COMMITTEE. THE PLANT MANAGERS COM-
PRISE THE PRIMARY POLICY-MAKING COMMITTEE AND
ARE BACKED UP BY TECHNICAL REPRESENTATIVES FROM
EACH OF THE INDUSTRIAL PLANTS. THEY ARE GROUPED
INTO A TECHNICAL COMMITTEE ON AIR CONSERVATION
AND ANOTHER ON WATER CONSERVATION.
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128
MAYOR EMMETT F. LOWRY
TWO YEARS AGO THE STATE HEALTH DEPARTMENT
INITIATED 30-DAY SURVEYS OF AIR QUALITY IN TEXAS
CITIES HAVING MAJOR INDUSTRIAL ACTIVITY. THIS
PROGRAM WAS BROUGHT TO THE ATTENTION OF THE TEXAS
CITY AIR AND WATER CONSERVATION COMMITTEE WHO
APPROVED A REQUEST FOR SUCH A SURVEY IN TEXAS
CITY. THE FORMAL REQUEST WAS MADE VIA MR. GUY
WILKINSON, CHIEF SANITARIAN OF THE GALVESTON
COUNTY-MAINLAND CITIES HEALTH DEPARTMENT. THE
SURVEY TOOK PLACE IN FEBRUARY AND MARCH OF 1957.
INDUSTRY PROVIDED DATA AND ESTIMATES OF ALL KNOWN
EMISSIONS INTO THE ATMOSPHERE. THEY ALSO MADE
CASH CONTRIBUTIONS TO SUPPORT TWO LOCAL TECHNI-
CIANS WHO ASSISTED THE STATE HEALTH DEPARTMENT
EMPLOYEES.
DATA OBTAINED IN THE SURVEY INDICATED
THAT THE AMOUNTS OF SUSPENDED PARTICULATE MATTERS
WERE GENERALLY CLOSE TO THE ALLOWABLE LIMITS.
THERE WAS EVIDENCE OF PROBLEMS RELATED TO EMIS-
SIONS OF SULFUR DIOXIDE AND FLUORIDES. REALIZ-
ING THAT THE DEGREE OF POLLUTION AT A GIVEN POINT
IN TIME IS HIGHLY DEPENDENT ON WEATHER CONDITIONS,
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129
MAYOR EMMETT F. LOWRY
THE INDUSTRIAL REPRESENTATIVES EXPRESSED A DESIRE
FOR SOME FORM OF CONTINUATION OF THE SURVEY.
THIS WOULD EVALUATE THE SEASONAL CHANGES IN WEA-
THER. ESTIMATES OF THE REQUIRED PERSONNEL AND
INSTRUMENTS FOR SUCH A YEAR-ROUND PROGRAM DEFINED
THE MONEY REQUIREMENTS.
MR. WILKINSON CANVASSED LOCAL MUNICIPALI-
TIES FOR CONTRIBUTIONS TO SUCH A PROGRAM BUT
FOUND THAT THEY HAD OTHER MORE DEMANDING FINANCIAL
NEEDS. FINALLY, THE COMMISSIONERS' COURT OF
GALVESTON COUNTY BUDGETED $11,000 IN CASH AND
$10,900 IN SERVICES IN KIND. AN APPLICATION
FOR A FEDERAL GRANT OF MATCHING FUNDS WAS MADE
THROUGH THE U. S. PUBLIC HEALTH SERVICE. THE
APPROVAL OF THIS REQUEST MADE AVAILABLE $65,702
WHICH RESULTED IN A TOTAL BUDGET OF $87,602 FOR
THE ESTABLISHMENT OF AN AIR QUALITY MONITORING
PROGRAM IN GALVESTON COUNTY.
THE AIR CONTROL DIVISION BECAME AN OFFI-
CIAL ACTIVITY OF THE GALVESTON COUNTY-MAINLAND
CITIES HEALTH DEPARTMENT ON APRIL 1, 1968. THE
TWO MEN WHO ASSISTED IN THE STATE'S 30-DAY SUR-
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130
MAYOR EMMETT F. LOWRY
VEY BECAME INSPECTORS IN THE PROGRAM AND WERE
JOINED BY A SECRETARY. THE PROGRAM CHIEF WAS
INITIALLY AVAILABLE ON A LIMITED PART-TIME BASIS,
BUT AFTER RETIREMENT FROM INDUSTRY BECAME ACTIVE
AS A FULL TIME EMPLOYEE JUNE 1ST. ONE CANDIDATE
FOR ASSISTANT PROGRAM CHIEF DROPPED OUT AFTER A
3 WEEKS TRIAL. ON SEPTEMBER 1ST WE ENLISTED
ANOTHER MAN FOR THIS POSITION. HE IS A COLLEGE
GRADUATE WITH SCIENCE BACKGROUND.
AN OFFICE WAS ESTABLISHED IN THE GALVES-
TON COUNTY HEALTH CENTER IN LA MARQUE. LABORATORY
FACILITIES HAVE BEEN INITIATED IN AN UNUSED
BUILDING IN TEXAS CITY. THIS FORMER HEALTH
CLINIC AND FIRE STATION WAS MADE AVAILABLE BY
THE CITY OF TEXAS CITY. MAYOR EMMETT LOWRY FOUND
WAYS TO REPAINT THE BUILDING AND RESTORE IT TO
GOOD OPERATING CONDITIONS. THE RENOVATED BUILD-
ING AND SURROUNDINGS NOW STAND OUT AS AN ATTRAC-
TIVE FACILITY IN THIS PARTICULAR NEIGHBORHOOD.
ACTUAL MONITORING ACTIVITIES BEGAN WITH
THE PURCHASE AND INSTALLATION OF TEN HIGH
VOLUME SAMPLERS. THESE ARE LOCATED IN VARIOUS
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131
MAYOR EMMETT F. LOWRY
SECTIONS OF LA MARQUE AND TEXAS CITY. IN GENER-
AL THIS LOCATION PATTERN ENCIRCLES THE INDUSTRIAL
AREA OF TEXAS CITY. THE ARRAY REFLECTS THE PLAN
DEVELOPED BY THE STATE HEALTH DEPARTMENT FOR
THEIR 30-DAY SURVEY. SAMPLING AT THE RATE OF
12 SAMPLES PER MONTH HAS PRODUCED OVER 450 FILTER
SAMPLES. PRESENTLY ONLY THE WEIGHT OF PARTICU-
LATE MATTER IS DETERMINED. AN ORDER HAS BEEN
PLACED FOR EXTRACTION EQUIPMENT TO PERMIT THE
DETERMINATION OF THE ORGANIC AND INORGANIC COM-
PONENTS OF THE FILTER DEPOSITS. IN ADDITION TO
THIS EQUIPMENT FOR EVALUATION OF SUSPENDED PAR-
TI CULATE MATTER, INSTRUMENTS WILL BE PURCHASED
SO THAT THE FOLLOWING CONTAMINANTS IN AIR CAN BE
QUANTITATIVELY AND CONTINUOUSLY MEASURED:
(A) SULFUR DIOXIDE
(B) HYDROGEN SULFIDE
(C) FLUORIDES
(D) HYDROCARBONS
(E) CARBON MONOXIDE
CF) OXIDES OF NITROGEN
(G) OZONE AND OXIDANTS
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132
MAYOR EMMETT F. LOWRY
ANOTHER PHASE OF THE PROGRAM IS THE
FORMULATION OF A DESIGN FOR A VAN-TYPE MOBILE
LABORATORY. THIS WILL PROVIDE A HOUSING FOR
SOME OF THESE INSTRUMENTS. THE MOBILE UNIT WILL
PERMIT US TO TRAVEL TO ANY POINT IN GALVESTON
COUNTY FOR ON-THE-SPOT MEASUREMENTS OF AN AIR
POLLUTION INCIDENT. IT WILL ALSO ALLOW THE
ANALYST AND HIS INSTRUMENTS TO FOLLOW THE PLUME
OF EMISSIONS FROM A KNOWN OR SUSPECTED SOURCE OF
POLLUTION.
CURRENT ACTIVITIES OF THE AIR CONTROL
DIVISION INCLUDE THE INVESTIGATION OF COMPLAINTS
REGISTERED BY CITIZENS AND BRINGING THESE TO THE
ATTENTION OF PLANT MANAGEMENT. ANOTHER USE OF
OUR FACILITIES IS THE COLLECTION OF PARTICULATE
SAMPLES FOR THE STATE HEALTH DEPARTMENT IN THEIR
CURRENT RADIOLOGICAL SURVEY. THIS IS CONCERNED
WITH THE REFUELING AND OVERHAUL OF THE NUCLEAR
SHIP SAVANNAH NOW TAKING PLACE AT THE TODD SHIP-
YARDS.
WHILE OUR MONITORING ACTIVITIES ARE
FOCUSED ON AIR POLLUTANTS WE DO KEEP ABREAST OF
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133
MAYOR EMMETT F. LOWRY
ACTIVITIES IN GALVESTON COUNTY THAT CONCERN
WATER POLLUTION AND SOLID WASTES DISPOSAL.
MARATHON OIL COMPANY, TEXAS REFINING
DIVISION, TEXAS CITY, TEXAS; PRESENTATION TO:
LEGISLATIVE COMMITTEE FOR THE STUDY OF LAND USE
AND ENVIRONMENTAL CONTROL, PUBLIC HEARING, S. E.
STAFFA, SEPTEMBER 6, 1968.
MR. CHAIRMAN, MEMBERS OF THE LEGISLATIVE
COMMITTEE AND GUESTS:
MARATHON OIL COMPANY, AS A MEMBER OF THE
LOCAL INDUSTRIAL COMMUNITY, EXTENDS GREETINGS
TO YOU AND OUR APPRECIATION FOR THE OPPORTUNITY
TO SPEAK BEFORE THIS COMMITTEE. VISITORS TO OUR
COMMUNITY AND LOCAL RESIDENTS CANNOT FAIL TO
RECOGNIZE THE DYNAMIC INDUSTRIAL GROWTH IN OUR
AREA, WHICH HAS LED TO A GROWTH IN THE THREE P'S
THAT CONTRIBUTE MOST TO THE CAUSES OF POLLUTION--
NAMELY, POPULATION, PROSPERITY AND PRODUCTIVITY.
OUR PURPOSE HERE TODAY IS TO CONVEY TO
YOU WHAT MARATHON OIL HAS DONE, IS NOW DOING AND
PLANS TO DO TO HELP ALLEVIATE POLLUTION.
THE TEXAS AIR CONTROL BOARD REGULATIONS
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134
MAYOR EMMETT F. LOWRY
FOR THE CONTROL OF AIR POLLUTION WERE PUT INTO
EFFECT ON JANUARY 3, 1968. MARATHON, ALONG WITH
MANY OTHERS IN INDUSTRY, HAD REPRESENTATIVES IN
ATTENDANCE AT THE PUBLIC HEARINGS HELD DURING
THE FORMULATION OF THE AIR CONTROL BOARD REGULA-
TIONS AND AS THE REGULATIONS WERE SUBMITTED WE
WOULD CHECK OUR POSITION WITH RESPECT TO THE
PROPOSED REGULATION AND DETERMINE OUR COMPLIANCE.
WE PURCHASED PORTABLE AMBIENT TESTING EQUIPMENT
FOR MAKING IN-PLANT AND BOUNDARY SURVEYS OF THE
AMBIENT POLLUTANTS, SULFUR DIOXIDE, HYDROGEN
SULFIDE AND PARTICULATE HATTER. IN MAKING SUR-
VEYS OF THIS TYPE, WE SAMPLED THE AIR UNDER WIND
CONDITIONS WHICH POSED THE WORSE CONCENTRATION
CONDITIONS FOR ANY AMBIENT EFFLUENT FROM OUR
PLANT. OUR PARTICULATE MATTER LOSSES CAME FROM
A FLUID CATALYTIC CRACKING UNIT. TrlE INVENTORY
CHANGE AND CATALYST LOSSES ON THIS UNIT ARE
CALCULATED WEEKLY AND THESE RESULTS COMPARED TO
A CALCULATED ALLOWABLE EMISSION RATE. ANY EXCES-
SIVE LOSSES WHICH MIGHT OCCUR AT ANYTIME, DAY
OR NIGHT, WOULD BE DISCOVERED BY A CHANGE IN THE
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135
MAYOR EMMETT F. LOWRY
LEVEL OF THE CATALYST WITHIN THE UNIT, SINCE
THIS CATALYST LEVEL IS MONITORED CONTINUOUSLY
BY LEVEL RECORDERS IN THE PROCESS UNIT CONTROL
ROOM. FROM THE RESULTS OF OUR AMBIENT AIR TEST-
ING AND OTHER CONTROLS WE HAVE OVER OUR EFFLU-
ENTS, WE FEEL WE ARE IN COMPLIANCE WITH THE
TEXAS AIR CONTROL BOARD REGULATIONS; HOWEVER, WE
FEEL THAT AMBIENT TESTING AND OTHER CONTROLS TO
MONITOR PLANT EFFLUENT LEVELS MUST BE DONE AT
REGULAR INTERVALS AND UNDER THE WORSE WIND CONDI-
TIONS TO ASSURE COMPLIANCE AND TO DISCOVER ANY
CHANGES IN THE EFFLUENT MAKE-UP. MARATHON OIL
COMPANY'S EFFORTS IN POLLUTION CONTROL AND ABATE-
MENT IN THE YEARS PRIOR TO 1967 WERE PRESENTED
BY MR. P. R. CORONADO, DIVISION MANAGER, TEXAS
REFINING DIVISION, BEFORE THE TEXAS CITY CHAMBER
OF COMMERCE, AIR AND WATER CONSERVATION COMMITTEE
FACT FINDING FORUM, MAY 8, 1967. A SUMMARY OF
MR. CORONADO'S REMARKS IS PRESENTED HERE BECAUSE
OF THEIR PERTINENCE TO THIS MEETING:
"AS OUR RECORD PROVES, MARATHON OIL
COMPANY IS INTIMATELY CONCERNED WITH THE QUALITY
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136
MAYOR EMMETT F. LOWRY
OF AIR AND WATER IN TEXAS CITY AND THROUGHOUT
ITS WORLDWIDE OPERATIONS. THIS HIGH PRIORITY
GIVEN TO CONSERVATION IS PROMPTED BY A KEEN
AWARENESS OF THE COMPANY'S RESPONSIBILITY TO THE
PUBLIC WELFARE, AS WELL AS A REGARD FOR PRACTICAL
ECONOMICS.
ON THE CORPORATE LEVEL, THE COMPANY HAS
AN ACTIVE AIR AND WATER CONSERVATION COMMITTEE,
AND IN TEXAS CITY, A POLLUTION CONTROL OFFICER,
TO KEEP A CONSTANT WATCH OVER ITS CONSERVATION
PROGRAMS AND TO RECOMMEND ANY NEEDED IMPROVEMENTS.
SINCE 1962 WHEN IT ACQUIRED THE TEXAS
CITY REFINERY, MARATHON HAS SPENT MORE THAN
$2-1/2 MILLION LOCALLY ON FACILITIES, PROCEDURES
AND MAINTENANCE WHICH HELP TO REDUCE SOURCES OF
BOTH AIR AND WATER POLLUTION. OF THE TOTAL,
MORE THAN $1-1/2 MILLION HAS BEEN SPENT TO FIGHT
AIR POLLUTION, WHILE OVER $1 MILLION HAS BEEN
SPENT FOR WATER QUALITY CONTROL. THIS IS A
SIZABLE SUM OF MONEY FOR WHAT IS A MEDIUM-SIZED
REFINERY BY OIL INDUSTRY STANDARDS.
IN TERMS OF TANGIBLE RESULTS, WE HAVE
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137
MAYOR EMMETT F. LOWRY
BEEN SUCCESSFUL IN REDUCING THE OIL CONTENT OF
OUR WASTE WATER BY 97% WITHIN JUST THE PAST TWO
YEARS, WHILE SUSPENDED SOLIDS IN THE WASTE WATER
HAVE BEEN REDUCED BY NEARLY 90%. AS A RESULT,
MARATHON IS MEETING WATER QUALITY STANDARDS SET
BY THE TEXAS WATER POLLUTION CONTROL BOARD, AND
IN SOME RESPECTS, IS DOING EVEN BETTER.
WITH REGARD TO AIR POLLUTION, OUR NEW
CAT CRACKER HAS REDUCED THE EMISSION OF PARTICULATE
MATTER BY ABOUT 70% OVER THE PAST FOUR YEARS. THE
TOTAL EMISSION IS MUCH LOWER THAN THE ALLOWABLE
PROPOSED BY THE TEXAS AIR POLLUTION CONTROL
BOARD. IN ADDITION, WE HAVE REDUCED BY 17% THE
AMOUNT OF FLUE GAS EMITTED FROM THE REFINERY'S
FURNACES. LIKEWISE, THE INSTALLATION OF FLOATING
ROOF STORAGE TANKS HAS PRACTICALLY ELIMINATED
THE EVAPORATION OF VOLATILE MATERIALS FROM THESE
TANKS. OTHER NEW FACILITIES HAVE ALSO HAD AiJ
IMPORTANT BENEFICIAL EFFECT IN REDUCING AIR AND
WATER POLLUTION.
WHILE WE BELIEVE THESE RESULTS ARE GOOD,
WE PLAN TO CONTINUE MAKING FURTHER REFINEMENTS.
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138
MAYOR EMMETT F. LOWRY
IN 1967 ALONE, WE CONTEMPLATE THE EXPENDITURE OF
ABOUT A HALF MILLION DOLLARS ON OUR CONSERVATION
FACILITIES AT TEXAS CITY.
WE FEEL THE TEXAS CITY REFINERY HAS MADE
A VERY REAL CONTRIBUTION TO REDUCING AIR AND
WATER POLLUTION AND THAT, ON THE WHOLE, MARATHON
CAN BE CONSIDERED AN INDUSTRIAL CITIZEN IN GOOD
STANDING. WE PLEDGE OUR CONTINUED INTEREST AND
SUPPORT TO- THE CAUSE OF AIR AND WATER CONSERVA-
TION IN TEXAS CITY.
WE REQUEST ONLY THAT ANY FUTURE REGULA-
TORY ACTIONS BE BASED ON SOUND, SCIENTIFIC CRI-
TERIA, WITH DUE REGARD NOT ONLY FOR THE LONG-
RANGE WELFARE OF OUR PRIVATE CITIZENS BUT OUR
INDUSTRIAL CITIZENS AS WELL.11
INDUSTRIAL EXPENDITURES FOR POLLUTION
ABATEMENT AS A FRACTION OF CAPITAL INVESTMENTS,
HAS INCREASED SIGNIFICANTLY IN THE PAST FEW YEARS
THE OIL COMPANIES IN THE UNITED STATES WILL
SPEND $382 MILLION THIS YEAR ON WATER AND AIR
POLLUTION CONTROL. OF THIS AMOUNT $223 MILLION
WILL GO TO PREVENT WATER POLLUTION AND $159
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139
MAYOR EMMETT F. LOWRY
MILLION IS FOR PREVENTING AIR POLLUTION. THIS
REPRESENTS A 7% INCREASE IN EXPENDITURE OVER
1967 AND A 40% INCREASE OVER 1966.
EXPENDITURES FOR MANDATORY EFFLUENT
CLEANUP COME UNDER TWO BROAD CATEGORIES, THOSE
WITH ECONOMIC JUSTIFICATION AND THOSE WITHOUT
ECONOMIC JUSTIFICATION. EFFLUENT CLEANUP, BY
ITS NATURE, DEMANDS REMOVAL OF RELATIVELY SMALL
AMOUNTS OF WHAT IS DEEMED A HARMFUL COMPOUND
FROM A BODY OF LESS OFFENSIVE MATERIAL, NORMALLY
AIR OR WATER. THE NATURE OF COMPETITIVE BUSI-
NESS REWARDS THE MORE EFFICIENT OPERATOR AND
WILL ELIMINATE THE LESS EFFICIENT OPERATOR.
THIS EFFICIENCY IS NORMALLY RELATED TO THE CON-
VERSION TO AND RECOVERY OF ONE OR MORE SALABLE
PRODUCTS TO THE EXCLUSION OF ONE OR MORE UNDESIR-
ABLE BY-PRODUCTS. A BY-PRODUCT THAT IS UNDESIR-
ABLE IS NOT NECESSARILY UNECONOMIC NOR IS A dY-
PRODUCT WHICH IS UNDESIRABLE TO ONE INDUSTRY
NECESSARILY UNDESIRABLE TO ANOTHER AND AS A CON-
SEQUENCE, A MULTITUDE OF POLLUTION PROBLEMS ARE
CIRCUMVENTED BY AN ECONOMIC EXCHANGE OF UNPRO-
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MAYOR EMMETT F. LOWRY
CESSED BY-PRODUCTS BETWEEN DIFFERENT INDUSTRIES.
TO THIS POINT, ECONOMICS AND OUR COMPETITIVE
BUSINESS SYSTEM HAVE TAKEN CARE OF MOST OF OUR
POLLUTION PROBLEMS. TWO THINGS ARE NECESSARY TO
COMPLETE OUR POLLUTION CONTROL; ONE IS THE SCIEN-
TIFIC KNOWLEDGE AND STUFY OF THE VARIOUS MEANS
FOR ECONOMICALLY REMOVING SMALL QUANTITIES OF
BY-PRODUCTS FROM OUR EFFLUENT AND DISPOSING OF
THEM, AND THE OTHER IS FINDING A CATALYST FOR
CREATING ACTION BY INDUSTRY ON THESE PROBLEMS.
YOU MEN, AS DULY ELECTED REPRESENTATIVES
OF US AS INDIVIDUALS, ARE THE CATALYST IN THE
FINAL SOLUTION TO THIS PROBLEM. YOUR ACTIONS AND
THE ACTIONS OF THOSE TO WHOM YOU DELEGATE THE
AUTHORITY TO HELP WRITE OUR POLLUTION CONTROL
LAWS REFLECT YOUR UNDERSTANDING OF THE COMPLEXI-
TIES OF THIS PROBLEM. POLLUTION CONTROL'S FIRST
OBJECTIVE IS THE PROTECTION OF THE GENERAL PUBLIC
AND THE PRESERVATION OF NATURAL RESOURCES. ANY
LAWS PROMULGATING ONLY THE HUE AND CRY WITHOUT
REGARD TO SCIENTIFIC STUFY AND SUBSTANTIATED
FACTS, ARE AN INJUSTICE TO BOTH THE INDUSTRIAL
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MAYOR EMMETT F. LOWRY
COMMUNITY AND THE PUBLIC.
OUR INDUSTRY, THROUGH THE CATALYST OF
SOUND LEGISLATIVE ACTION AND THE ENACTMENT OF
POLLUTION CONTROL LAWS BASED ON SOUND SCIENTIFIC
STUDY, WILL COMPLY WITH AND EVEN SURPASS THESE
REGULATIONS.
WE, AT MARATHON OIL COMPANY, FEEL WE
HAVE THE RESPONSIBILITY TO FULFILL THE FOLLOWING
THREE COMMITMENTS AS MEMBERS OF THIS COMMUNITY:
1. POLICE OUR OWN POLLUTION PROBLEMS
TO THE EXTENT THAT WE ARE SURE OF OUR COMPLIANCE
TO THE POLLUTION CONTROL LAWS.
2. MAKE OURSELVES AWARE OF NEW TECH-
NOLOGY AND PROCESSING METHODS FOR TREATING RE-
FINERY WASTES AND DEVELOP, WHERE NECESSARY, WASTE
HANDLING METHODS THROUGH RESEARCH AND DEVELOPMENT
THAT MAY OR MAY NOT BE SINGULARLY APPLICABLE TO
OUR PROBLEMS.
3. WORK CLOSELY WITH LOCAL AND STATE
AUTHORITIES WHEN NEW REGULATIONS ARE PROPOSED
AND/OR REGULATION REVISIONS ARE NEEDED. ALSO,
TO WORK FOR FREER EXCHANGE OF DATA AND/OR IDEAS
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142
MAYOR EMMETT F. LOWRY
WITH OUR INDUSTRIAL NEIGHBORS CONCERNING MUTUAL
POLLUTION CONTROL PROBLEMS AND THEIR SOLUTION.
REPORT OF MONSANTO COMPANY TO LEGISLA-
TIVE COMMITTEE FOR THE STUDY OF LAND USE AND
ENVIRONMENTAL CONTROL - SEPTEMBER 6, 1968:
I WOULD LIKE TO INTRODUCE MONSANTO COM-
PANY'S PORTION OF THE PROGRAM BY TELLING YOU A
LITTLE BIT ABOUT OUR PLANT. IT IS LOCATED IN
THE SOUTHERN EDGE OF TEXAS CITY WITH THE BAY ON
THE EAST SIDE AND SHIP DOCKS AND TEXAS CITY TER-
MINAL RAILWAY YARDS ON THE SOUTH. RESIDENTIAL
AREAS ARE IMMEDIATELY NORTH OF THE PLANT AND
SIXTH STREET BORDERS THE WEST SIDE.
WE LOCATED HERE IN 19^2 TO MANUFACTURE
STYRENE MONOMER FOR THE GOVERNMENT RUBBER PROGRAM
DURING WORLD WAR II AND HAVE ADDED MAJOR EXPAN-
SIONS IN 1952, 195*t AND 1962. OUR PRESENT PROP-
ERTY COVERS 280 ACRES WITH 80 ACRES NORTH OF
TOWN DEVOTED TO WASTE DISPOSAL AND ABOUT 200
ACRES AT THE PLANT SITE PROPER.
WE ARE PRIMARILY A PETROCHEMICALS BASE
PLANT PRODUCING MONOMERS FOR OTHER MONSANTO
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MAYOR EMMETT F. LOWRY
PLANTS TO PROCESS INTO POLYMERS. WE PRODUCE
NINE FINISHED PRODUCTS AND MANY INTERMEDIATES
AND BY-PRODUCTS. WE EMPLOY APPROXIMATELY 1775
PEOPLE INCLUDING RESEARCH AND PROCESS TECHNOLOGY
GROUPS.
MONSANTO HAS ALWAYS HAD, AND MAINTAINED,
A POLICY BOTH LOCALLY AND CORPORATELY CONCERNING
POLLUTION CONTROL. POLLUTION CONTROL FOR EACH
PLANT IS THE RESPONSIBILITY OF THE PLANT MANAGER
WHO ORGANIZES AND DIRECTS THE EFFORT AS IS NECES-
SARY. OUR ORGANIZATION AT TEXAS CITY CONSISTS
OF THREE BASIC FUNCTIONS.
THE FIRST FUNCTION BELONGS TO THE OPERAT-
ING ARM OF THE ORGANIZATION. THIS GROUP IS Rc-
SPONSIBLE TO CONTROL OPERATIONS TO PREVENT AIR
AND WATER POLLUTION TO THE BEST OF THEIR ABILITY
WITH THE EQUIPMENT AVAILABLE TO THEM. THE SECOND
FUNCTION BELONGS TO THE PLANT WASTE DISPOSAL
COMMITTEE CONSISTING OF A REPRESENTATIVE FROM
PRODUCTION SERVICES WHO CHAIRS THE COMMITTEE
AND MAINTAINS CONTACT WITH ALL STATE AND LOCAL
LEGISLATION PLUS CONTRACTS FOR OUTSIDE WASTE
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MAYOR EMMETT F. LOWRY
DISPOSAL. HE ALSO DEFINES PROBLEMS AND INITIATES
ACTION THROUGH THE OTHER COMMITTEE MEMBERS TO
GET THINGS DONE IN THE PLANT. THE OTHER COMMIT-
TEE MEMBERS ARE MANUFACTURING AND PROCESS TECH-
NOLOGY PEOPLE WHO HAVE BEEN ASSIGNED POLLUTION
CONTROL RESPONSIBILITIES FOR THEIk INDIVIDUAL
DEPARTMENTS.
THE THIRD FUNCTION OF DEVELOPING NEW OR
IMPROVED WASTE DISPOSAL METHODS BELONGS TO THE
PROCESS TECHNOLOGY DEPARTMENT. WE HAVE SEVERAL
PEOPLE ASSIGNED TO THIS TASK AND ONE OF THEM HAS
RECENTLY BEEN RECOGNIZED BY A NATIONAL AWARD FOR
HIS WORK IN THIS FIELD.
BECAUSE OF OUR VULNERABLE LOCATION WITH
REFERENCE TO THE BAY AND RESIDENTIAL AREAS, WE
HAVE BEEN VERY AWARE OF POLLUTION PROBLEMS AND
THE NEED TO CONTROL BOTH AIR AND WATER POLLUTION.
I WOULD LIKE TO CITE YOU A FEW EXAMPLES OF WHAT
WE HAVE DONE.
1. WE HAVE A WASTE DISPOSAL UNIT CON-
SISTING OF CHLORINATORS, SEPARATORS, AND AN
INCINERATOR TO BURN AS MANY OF OUR WASTE STREAMS
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I
145
MAYOR EMMETT F. LOWRY
AS WE CAN PROCESS IN THIS MANNER.
2. WE HAVE ORGANIC TRAPS IN ALL OPERAT-
ING DEPARTMENTS AND OTHER STRATEGIC LOCATIONS
TO PREVENT SPILLS TO THE BAY.
3. WE HAVE INSTALLED WASTE GAS RECOVERY
SYSTEMS TO BE BURNED IN THE BOILERS, THE INCINERA-
TOR, OR FLARE STACKS.
4. WE HAVE INSTALLED SMOKELESS FLARE
TIPS ON ALL FLARES TO MINIMIZE OR PREVENT SMOKE.
5. WE HAVE INSTALLED VENT SCRUBBERS
WHERE OTHER METHODS WERE NOT FEASIBLE.
6. WE HAVE SAMPLE CHARTS THROUGHOUT THE
PLANT TO DETECT OVER-SPRAY.
7. WE HAVE ROUTINE SAMPLING OF VARIOUS
WATER STREAMS TO DETECT AND STOP ORGANIC LEAKAGE
IF IT OCCURS.
8. WE HAVE HIRED CONSULTANTS TO ADVISE
US ON POLLUTION DEFINITION AND ELIMINATION AND
TO CONDUCT SURVEYS ON OUR PERFORMANCE.
9. IN NOISE REDUCTION, WE MUFFLE USING
THE BEST TECHNOLOGY AVAILABLE. WE CONDUCT YEARLY
SOUND INSPECTIONS WITH OUR OWN EXPERTS PLUS OUT-
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MAYOR EMMETT F. LOWRY
SIDE CONSULTANTS AND REQUIRE EAR PROTECTION
WHERE NECESSARY, PLUS ANNUAL HEARING TESTS FOR
ALL EMPLOYEES.
IN SUMMARY WE HAVE INVESTED OVER $2.0 M
IN CAPITAL AND HAVE ANNUAL EXPENSES OF $700 M/YR
IN OUR WASTE DISPOSAL EFFORTS.
BUT WE FIND OURSELVES IN MUCH THE SAME
SITUATION AS MANY OTHER COMPANIES. WHAT WE ARE
DOING STILL ISN'T GOOD ENOUGH, SO WE MUST TRY
HARDER. ALTHOUGH OUR WATER OUTFALLS ARE IN GOOD
SHAPE MOST OF THE TIME, WE DO RUN BORDERLINE TO
THE NEW WATER QUALITY REQUIREMENTS ON BOD AND
COD. WE PRESENTLY HAVE NEW WATER TREATING FACIL-
ITIES IN THE ENGINEERING STAGE TO GIVE US A MORE
COMFORTABLE EDGE IN THE FUTURE.
WE STILL HAVE PLASTIC FALL-OUT FROM OUR
POLYETHYLENE PLANT. ALTHOUGH THIS MATERIAL IS
NON-TOXIC AND EASILY REMOVED WITHOUT DAMAGE, IT
IS A NUISANCE. EFFORTS TO ELIMINATE THIS PROB-
LEM HAVE FAILED TO DATE BECAUSE OF OTHER PROCESS
AND SAFETY FACTORS INVOLVED.
SMOG PROBLEMS INTERMITTENTLY OCCUR, BUT
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MAYOR EMMETT F. LOWRY
IMPROVEMENTS IN THE NEAR FUTURE WILL ELIMINATE
THIS. OTHER AIR POLLUTION SOURCES ARE WELL
UNDER CONTROL.
ONE OF OUR WASTE STREAMS IS PRESENTLY
STORED ON OUR PROPERTY NORTH OF TOWN. WE WILL
RUN OUT OF SPACE THERE AND WILL Bt FORCED TO SEEK
NEW LAND UNLESS A NEW PROCESS IS DEVELOPED. WE
ARE WORKING ON THIS VIGOROUSLY.
IN SUMMARY, WE BELIEVE IN EFFORTS NECES-
SARY TO MAINTAIN OUR ENVIRONMENT HEALTHY AND PLEA-
SANT, AND WE PLEDGE TO DO OUR PART IN THIS PROGRAM.
R. V. BUTZ.
REMARKS DELIVERED TO THE LEGISLATIVE
COMMITTEE FOR THE STUDY OF LAND USE AND ENVIRON-
MENTAL CONTROL AT TEXAS CITY ON SEPTEMBER 6, 1968.
BY W. C. CHAMBERLAIN.
MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE:
IN AN EFFORT TO OFFER SOME CONSTRUCTIVE
INFORMATION TO THIS COMMITTEE, WE WOULD LIKE TO
TELL YOU SOMETHING ABOUT OURSELVES AND OUR
PHILOSOPHIES, SOMETHING ABOUT OUR PROBLEMS AND
CONCERNS IN THE AIR AND WATER CONSERVATION AREA
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MAYOR EMMETT F. LOWRY
AND PERHAPS A FEW SUGGESTIONS FOR THE FUTURE.
TEXAS CITY REFINING, INC., IS A MEDIUM
SIZE INDEPENDENT REFINER OF CRUDE OIL ENGAGED IN
THE PRODUCTION OF FUELS AND HEATING OILS. OUR
PRESENT ORGANIZATION DATES FROM 1951, WITH APPROXI
MATELY 12 EMPLOYEES TO TODAY'S EMPLOYMENT OF 303
PEOPLE. WE HAVE ALWAYS EMPHASIZED THAT ONE OF
OUR MAIN OBJECTIVES IS TO BE A RESPONSIBLE CITI-
ZEN OF THE COMMUNITY AND TO BE A GOOD NEIGHBOR.
OUR PHILOSOPHY HAS LED US FROM THE EARLI-
EST DAYS TO BE ACTIVE PARTICIPANTS IN COMMUNITY
PROJECTS RELATED TO AIR AND WATER CONSERVATION.
WE HAVE ACTIVELY PARTICIPATED IN THE MAYOR'S
COMMITTEE ON AIR POLLUTION SINCE ITS INCEPTION
IN 1954; THE CHAMBER OF COMMERCE'S AIR AND WATER
CONSERVATION COMMITTEE CWHICH INCIDENTALLY ASKED
THE AIR CONTROL BOARD TO MAKE ONE OF THEIR EARLI-
EST SURVEYS IN OUR AREA) AND WE ARE CONTRIBUTORS
TO THE TEXAS AIR AND WATER RESOURCES FOUNDATION
FOR THEIR PART IN THE GALVESTON BAY STUDY.
IN OUR EFFORTS TO STAY ABREAST OF TODAY'S
CONSERVATION PROBLEMS, WE ATTEND A MAJORITY OF
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MAYOR EMMETT F. LOWRY
THE AIR CONTROL BOARD AND WATER QUALITY BOARD
MEETINGS. WE HAVE CONSULTED WITH THE STAFFS OF
THESE ORGANIZATIONS AND ARE APPRECIATIVE OF
THEIR ADVICE AND COUNSEL. WE ALSO TAKE PART IN
VARIOUS SEMINARS AND SYMPOSIUMS ON A STATE OR
NATIONAL BASIS DEALING WITH AIR AND WATER CONTROL.
WE ARE SPEAKING AS THE LAST ONE OF THE
THREE PETROLEUM REFINERS SCHEDULED FOR THE HEAR-
ING TODAY, BUT PLEASE BE ASSURED THAT EACH INDUS-
TRY IN TEXAS CITY HAS A COMMON VIEW-POINT WHEN
IT COMES TO THE ABATEMENT OF AIR OR WATER POLLU-
TION. RECENTLY, TEXAS CITY REFINING TOOK PART IN
A NATIONWIDE STUDY CONDUCTED BY THE AMERICAN PETRO-
LEUM INSTITUTE TO DETERMINE THE EXPENDITURES BY
OIL COMPANIES TO HELP CLEAN UP THE NATION'S AIR
AND WATER. THIS STUDY REVEALED THAT $271 MILLION
WAS SPENT IN 1966, $358 MILLION IN 1967, AND
$382 MILLION SCHEDULED TO BE SPENT IN 1968. THIS
TOTALS MORE THAN $1 BILLION FOR THE 1966-68
PERIOD WITH THE MAJOR PORTION, BETTER THAN 55%,
GOING FOR CLEANING UP OR CONSERVING WATER. THE
COMPANIES PARTICIPATING IN THIS STUDY, INCIDENTLY,
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150
MAYOR EMMETT F. LOWRY
PROCESS 97% OF ALL THE CRUDE OIL REFINED IN THE
UNITED STATES.
THE OTHER INDUSTRIES CAN OFFER COMPARABLE
FIGURES BUT THE POINT IS THAT ALL OF US ARE FULLY
COGNIZANT OF THE PROBLEM AND HAVE CONTRIBUTED TO
MAKE FIGURES, SUCH AS THOSE JUST QUOTED, A REALITY
AND NOT JUST SO MANY PAPER STATISTICS.
WE ARE IN AGREEMENT WITH THE INTENT OF
THE POLICY STATEMENT ADOPTED BY THE AIR CONTROL
BOARD ON APRIL 18, 1968. IN OUR EFFORT TO SHOW
THE GOOD FAITH THEY HAVE REQUESTED, WE HAVE APPLIED
FOR A VARIANCE TO THEIR REGULATION III IN ORDER
TO INSURE OURSELVES THAT WE ARE NOT POLLUTERS.
THIS VARIANCE HAS BEEN GRANTED,
SPEAKING FOR A SMALL ORGANIZATION WHERE
EMPLOYEES MUST BY NECESSITY WEAR MORE THAN ONE
HAT, THE PROBLEM OF GEARING UP FOR A PROPER
TESTING PROGRAM IS A LARGE ONE. THIS IS NOT
OFFERED AS AN EXCUSE, BUT AS A STATEMENT OF
REALITY FOR EXAMPLE, DURING THE FIRST EIGHT MONTHS
OF THIS YEAR, WHILE WE WERE FACING OPERATING
PROBLEMS THAT HAVE GREATLY REDUCED OUR CAPACITY
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MAYOR EMMETT F. LOWRY
TO PRODUCE GASOLINE, WE WERE STILL ACTIVELY
DEVELOPING OUR MONITORING PROGRAM.
WE FEEL THAT OUR PRIMARY SOURCES OF CON-
CERN IN THE AIR AND WATER CONSERVATION AREA DO
NOT RELATE TO POLLUTION PER SE BUT TO THE MEASURE-
MENT OF CONTAMINANTS. IT IS OUR OBSERVATION THAT
THE DETERMINATION OF THE PROPER SAMPLING POINTS
AND THE USE OF THE PROPER EQUIPMENT CONFRONT
US WITH OUR MAJOR PROBLEMS. WE ARE BEING DELUGED
WITH LITERATURE ON POLLUTION CONTROL EQUIPMENT
FROM ALL MANNER OF SUPPLIERS. IN OUR DISCUSSIONS
WITH OTHER PEOPLE WE HAVE BEEN HARD PRESSED TO
DETERMINE WHAT TYPE AND BRAND OF EQUIPMENT WE
CAN REALLY DEPEND UPON. IT APPEARS TO US THAT
THERE IS NEEDED IN INDUSTRY SOME EVALUATION TIME
AND PROCEDURES FOR THIS EQUIPMENT. TO KEEP
ABREAST OF THE PACE WITH WHICH LEGISLATION IS
MOVING WE HAVE BEEN FORCED TO BUY TESTING EQUIP-
MENT AND WE ARE NOW BEGINNING TO WONDER IF OUR
INITIAL INVESTMENTS WERE THE BEST FROM A RELIA-
BILITY AS WELL AS A COST VIEW-POINT.
WE HAVE DISCUSSED SAMPLING LOCATIONS WITH
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152
MAYOR EMMETT F. LOWRY
THE STATE REPRESENTATIVES AND ARE STILL WORKING
ON A SOLUTION TO THIS PROBLEM. OUR PROBLEM IS
COMPOUNDED BY TALL STACK HEIGHTS, A CLOSE FENCE
ON ONE SIDE AND THE EVER VARYING GULF BREEZES.
I THINK THAT WE CAN SUM UP OUR POSITION
VERY BRIEFLY BY SAYING THAT WE ARE AS CONCERNED
AS THE GOVERNMENT OR THE PUBLIC, BUT DO NOT BE-
LIEVE WE ARE A POLLUTER AT THE PRESENT TIME.
THIS HAS NOT KEPT US FROM ACTION HOWEVER.
IN THE PAST YEAR WE HAVE REVAMPED OUR FLARE STACK
TO MAKE IT SMOKELESS, HAVE INSTALLED A $50,000
BURNER ON OUR CAT CRACKER TO CLEAR UP ITS PLUME
AND HAVE INSTALLED A SOUR WATER STRIPPER AND
INCINERATOR TO KEEP HYDROGEN SULFIDE OUT OF BOTH
OUR WATER AND AIR.
AS WE LOOK TO THE FUTURE, WE WOULD MAKE
THESE OBSERVATIONS. OUR ASSOCIATION WITH THE
STATE AGENCIES AND INDUSTRIAL ASSOCIATES LEAD
US TO BELIEVE THAT SUBSTANTIAL PROGRESS IS BEING
MADE IN AIR AND WATER POLLUTION ABATEMENT IN TEXAS
CITY. IT SEEMS HOWEVER THAT THE PUBLIC IS NOT
TOO WELL INFORMED ON THIS PROGRESS AND THAT
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153
MAYOR EMMETT F. LOWRY
SETTER PUBLIC INFORMATION IS DESIRABLE.
THERE IS NO DOUBT THAT A GREAT DEAL OF
INFORMATION EXISTS IN THE AIR AND WATER POLLUTION
ABATEMENT FIELD BUT IT'S READY ACCESS TO PARTICI-
PANTS SUCH AS WE IS OFTEN DIFFICULT BECAUSE OF
OUR LACK OF KNOWLEDGE OF IT. THE SOUTH TEXAS
SECTION OF THE AMERICAN INSTITUTE OF CHEMICAL
ENGINEERS, FOR ONE, IS ENDEAVORING TO DO SOMETHING
ABOUT THIS SITUATION. PERHAPS THERE IS A PLACE
FOR GOVERNMENT PARTICIPATION IN THIS AREA.
FINALLY WE LOOK TO THE STATE FOR COMPANION-
SHIP IN OUR CONSERVATION EFFORTS. WE REALIZE
THERE IS A NEED TO CONTROL POLLUTION BECAUSE THERE
IS NO PRACTICAL WAY TO ENTIRELY ELIMINATE IT.
AS INDIVIDUALS WE ALL WANT A CLEAN
ENVIRONMENT BUT ONLY COLLECTIVELY CAN WE ACHIEVE
IT.
I THANK YOU.
STUDY OF LAND USE AND ENVIRONMENTAL CON-
TROL PUBLIC HEARING IN TEXAS CITY, SEPTEMBER 6,
1968:
HONORED SENATORS AND REPRESENTATIVES
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MAYOR EMMETT F. LOWRY
OF THE HOUSE OF REPRESENTATIVES, HONORABLE
MAYORS OF THE VARIOUS CITIES, LADIES AND GENTLE-
MEN, ON BEHALF OF THE TEXAS CITY TIN SMELTER, I
WOULD LIKE TO THANK YOU AND YOUR ASSOCIATES, PAR-
TICULARLY MEMBERS OF THIS LEGISLATIVE COMMITTEE
FOR THE STUDY OF LAND USE AND ENVIRONMENTAL CON-
TROL, FOR ARRANGING THIS FORUM FOR US AND FOR
GIVING US THIS OPPORTUNITY TO SHARE WITH YOU OUR
POSITION IN THIS AREA OF ACTIVITY. I AM VERY
PLEASED TO MAKE THIS PRESENTATION ON BEHALF OF
THE LOCAL MANAGER, TOM MACKEY AND MY ASSOCIATES.
I WOULD LIKE TO SHARE WITH YOU VERY
BRIEFLY SOME OF OUR BACKGROUND AND HISTORY.
AS MOST OF YOU KNOW, THE TEXAS CITY TIN
SMELTER, AS IT IS MORE COMMONLY KNOWN, WAS BUILT
IN 1941 BY THE UNITED STATES GOVERNMENT IN ORDER
TO SUPPLY OUR NATION AND OUR ALLIES DURING THE
SECOND WORLD WAR, WITH BADLY NEEDED TIN METAL.
PRIOR TO THAT TIME, OUR GOVERNMENT WAS COMPLETELY
DEPENDENT ON IMPORTS OF TIN METAL FROM MALAYA
AND EUROPE. DUE TO THE SUBMARINE WARFARE OF BOTH
GERMANY AND JAPAN, WE WERE UNABLE TO SECURE
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155
MAYOR EMMETT F. LOWRY
ENOUGH TIN FROM THESE AREAS, THEREFORE A DECI-
SION WAS MADE TO INSTALL A PLANT IN THE UNITED
STATES IN ORDER TO CONVERT BOLIVIAN TIN CONCEN-
TRATES, WHICH AT THAT TIME WAS THE SECOND LARGEST
MINER OF TIN IN THE WORLD.
THE SMELTER WAS OPERATED DY THE GOVERN-
MENT FROM 1942 THROUGH THE END OF 1956. DURING
THIS TIME, IT SERVED A VITAL FUNCTION IN SUPPLY-
ING THE ALLIES WITH OVER 90% OF THEIR TIN REQUIRE-
MENTS DURING WORLD WAR II, AND SUPPLYING THE
U. S. WITH ITS TIN REQUIREMENTS DURING THE KOREAN
WAR. IN ADDITION, FOR THE FIRST TIME IN THE
HISTORY OF THE UNITED STATES, A MATERIAL STOCKPILE
SYSTEM WAS SET UP AND THE SMELTER CONTRIBUTED
OVER 350,000 LONG TONS OF TIN METAL TO THIS STOCK-
PILE FOR FUTURE EMERGENCY USE. AS A SIDELIGHT,
I MIGHT ADD THAT APPROXIMATELY THREE YEARS AGO,
IT WAS DECIDED THAT DUE TO NUCLEAR DEVELOPMENTS,
THE NEXT WORLD WAR WOULD BE A RELATIVELY SHORT
ONE, ESTIMATED BETWEEN THREE TO FIVE YEARS AT
THE MOST AND THEREFORE THE UNITED STATES HAS
SURPLUS TIN, WHICH IS NOW BEING SOLD FROM THE
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156
MAYOR EMMETT F. LOWRY
STOCKPILE AT TWO TO THREE CENTS PER POUND DIS-
COUNT, WHICH HAS MADE OUR ECONOMIC LIFE A DIFFI-
CULT ONE. HOWEVER, THIS IS NOT AN ECONOMIC DIS-
CUSSION AND I WILL NOT GO INTO THIS ASPECT OF
ECONOMICS.
IN 1956 THE U. S. GOVERNMENT, UNDER THE
EISENHOWER ADMINISTRATION DECIDED THAT IT WAS
ABOUT TIME THAT THE FEDERAL GOVERNMENT GOT OUT OF
THE TIN BUSINESS, SINCE THEIR LOSSES EXCEEDED
THIRTY MILLION DOLLARS PER YEAR. AND OUR COMPANY,
AMONG OTHERS WAS INVITED TO SUBMIT A BID, WHICH
BID STIPULATED THAT THE SMELTER WOULD BE MAIN-
TAINED IN OPERATING CONDITION, SO THAT IN THE
EVENT OF A NATIONAL EMERGENCY, IT WOULD BE AVAIL-
ABLE TO PRODUCE VARIOUS METALS, INCLUDING TIN
METAL.
WE WERE THE SUCCESSFUL BIDDER, AND FOR
THE PAST ELEVEN AND A HALF YEARS, WE HAVE BEEN
OPERATING THE SMELTER WITH LITTLE OR NO COMPLAINTS
FROM THE LOCAL CITIZENS REGARDING AIR AND WATER
POLLUTION.
DUE TO THE FACT THAT THE SMELTER WAS DE-
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157
MAYOR EMMETT F. LOWRY
SIGNED AND BUILT FOR PROCESSING OF TREMENDOUS
QUANTITIES OF TIN CONCENTRATES, HAS ALLOWED US
TO UTILIZE AT MAXIMUM EFFICIENCY, THE LARGE
DUST COLLECTION INSTALLATIONS, SINCE OUR COMPANY
HAS BEEN UNABLE TO OBTAIN LARGE QUANTITIES OF
TIN CONCENTRATES FOR PROCESSING, THE EXISTING
UNITS HAVE PROVIDED US WITH MORE THAN AMPLE CAPA-
CITY FOR THE REMOVAL OF ALL OF THE SOLIDS FROM
THE EXIT GASES.
REGARDING OUR CURRENT OPERATIONS, WE ARE
MEETING AND IN FACT, EXCEEDING THE MINIMUM REQUIRE-
MENTS OF THE TEXAS AIR CONTROL BOARD, HOUSE BILL
3b2, PASSED JUNE 18, 1965. WE HAVE IN OUR PLANT
A NUMBER OF DUST CYCLONES AND ELECTROSTATIC PRE-
CIPITATORS, ALL UNITS OF WHICH ARE CONNECTED THROUGH
FLUE SYSTEMS, SO THAT THE FURNACE GASES PASS
THROUGH THEM BEFORE BEING DISCHARGED TO THE ATMOS-
PHERE THROUGH OUR 250' ST«CK. THIS EQUIPMENT,
WHEN INSTALLED SEVERAL YEARS AGO, TOTALED OVER
1.5 MILLION DOLLARS.
WE HAVE STANDING INVITATIONS TO THE TEXAS
STATE DEPARTMENT OF HEALTH AND THEIR ENGINEERING
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158
MAYOR EMMETT F. LOWRY
STAFF, TO SAMPLE OUR EXIT GASES DIRECTLY FROM
OUR 2501 STACK.
IN THE AREA OF WASTE WATER DISCHARGE,
WE ARE CURRENTLY BEING REGULATED AND ARE OPERAT-
ING UNDER A PERMIT ISSUED BY THE TEXAS WATER
POLLUTION CONTROL BOARD. WE ARE VERY FORTUNATE
IN OUR PLANT, HAVING OVER 70 ACRES OF SETTLING
PONDS WHICH INSURES US THAT ANY DISCHARGE INTO
THE BAY IS FREE OF SOLID MATTER. THE ONLY WATER
BEING DISCHARGED INTO SWAN LAKE IS THE COOLING
WATER FROM OUR PLANT AND SURFACE RUN OFF.
WE ARE VERY HAPPY TO REPORT THAT DUE TO
A NEW PROCESS, WE HAVE CONVERTED A WASTE PRODUCT
INTO A BY-PRODUCT. IN FACT, WE ARE SELLING
FERRIC CHLORIDE SOLUTION TO THE CITY OF HOUSTON,
WHICH THEY USE TO PROCESS SEWAGE WASTE IN ORDER
TO FLOCCULATE THE SOLIDS AND CONTROL THEIR OWN
POLLUTION PROBLEMS.
ALSO A NEW COMPANY HAS LOCATED IN OUR
PLANT. THE GULF GRIT CORPORATION IS NOW TAKING
OUR WASTE SLAGS AND AREA CONVERTING IT INTO A
BLASTING GRIT, SO THAT THE FAMOUS t!BLACK PILES"
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159
MAYOR EMMETT F. LOWRY
AT THE TIN SMELTER WILL DISAPPEAR, MAKING MORE
LAND AVAILABLE FOR FUTURE EXPANSION.
NEGOTIATIONS ARE CURRENTLY UNDERWAY AND
HEARING COMPLETION FOR THE SALE OF THE TEXAS CITY
SMELTER TO NEW OWNERS AND OPERATORS. UNFORTUN-
ATELY THIS HEARING WAS SCHEDULED PRIOR TO THE
COMPLETION OF THE NEGOTIATIONS AND FOR THIS REA-
SON, WE ARE UNABLE TO ANNOUNCE PUBLICLY AT THIS
TIME, OUR FUTURE GOALS AND PLANS REGARDING OUR
OPERATION.
PRESENTATION TO TEXAS LEGISLATIVE COMMIT-
TEE ON LAND USE AND ENVIRONMENTAL CONTROL, SEPTEM-
BER 6, 1968, J. F. ERDMANN, ENVIRONMENTAL POLLU-
TION CONTROL COORDINATOR, UNION CARBIDE CORPORA-
TION, CHEMICALS AND PLASTICS, P. 0. BOX 471,
TEXAS CITY, TEXAS 77590.
THE TEXAS CITY PLANT OF UNION CARBIDE
CORPORATION, CHEMICALS AND PLASTICS GROUP, IS
THE LARGEST OF THE THREE CARBIDE PLANTS IN TEXAS.
WE ARE A PART OF THE SECOND LARGEST CHEMICAL
PRODUCER IN THE UNITED STATES.
THE MANAGEMENT OF THE CHEMICALS AND PLAS-
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160
MAYOR EMMETT F. LOWRY
TICS GROUP BELIEVES THAT THE PROTECTION OF
ENVIRONMENTAL RESOURCES IS AN IMPORTANT PART OF
RESPONSIBLE CORPORATE CITIZENSHIP, REQUIRING NOT
ONLY THE ACTIVE SUPPORT OF ALL EMPLOYEES, BUT
ALSO THE COMMITTMENT OF ADEQUATE FUNDS, STAFF,
AND ORGANIZATION,
THE DEVELOPMENT AND OPERATION OF ADEQUATE
PROGRAMS AT OUR VARIOUS LOCATIONS SUCH AS TEXAS
CITY INVOLVES, IN ADDITION TO THE ASSIGNED PLANT
POLLUTION CONTROL STAFF, AN ENVIRONMENTAL POLLU-
TION CONTROL BUSINESS TEAM WITH RESPONSIBILITIES
THROUGHOUT THE CHEMICALS AND PLASTICS GROUP OF
THE CORPORATION. ADDITIONAL ASSISTANCE FROM
SPECIALISTS IN ENGINEERING AND IN RESEARCH AND
DEVELOPMENT MAY BE REQUESTED AS NEEDED. AS THE
LOCAL PLANT POLLUTION CONTROL COORDINATOR, I AM
RESPONSIBLE TO TEXAS CITY PLANT MANAGEMENT FOR
ALL THE POLLUTION AND WASTE CONTROL ACTIVITIES
AT THIS LOCATION. WITH THIS BRIEF INTRODUCTION
TO THE SUPPORTING ORGANIZATION AND ITS CONCERN
FOR POLLUTION, I WILL NOW DESCRIBE THE PRESENT
AND PROPOSED FACILITIES FOR OUR TEXAS CITY PLANT
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161
MAYOR EMMETT F. LOWRY
AND GIVE YOU SOME VIEWS OF OUR OBJECTIVES AND
ACCOMPLISHMENTS.
JUST AS YOU ON THIS LAND USE AND ENVIRON-
MENTAL CONTROL COMMITTEE MUST HAVE A POLITICAL
PHILOSOPHY TO GUIDE YOU IN THE LEGISLATIVE AREAS,
SO MUST WE HAVE A BASIS FOR OUR OPERATIONS IN
THE CONTROL OF OUR ENVIRONMENT. AT THIS PLANT
WE HAVE THE CONCEPT OF CONTROLLING POLLUTION AT
ITS SOURCE WHERE AT ALL FEASIBLE. BY THIS WE
MEAN THAT IF WE HAD NO PRODUCTION UNITS, WE
WOULD HAVE NO POLLUTION. THEREFORE, IF EACH PRO-
DUCTION UNIT CONTROLS ITS OPERATIONS TO PRODUCE
THE MINIMUM OF WASTE PRODUCTS, NOT ONLY DOES
THE UNIT PRODUCE MORE USEFUL AND SALEABLE PRODUCTS,
BUT THERE IS LESS WASTE MATERIAL TO BE TREATED
AND DISPOSED OF. SINCE WE HAVE OVER SIXTY PRO-
DUCTION UNITS, SOME OF THEM OVER TWENTY YEARS OLD,
A SIZEABLE AND CONTINUOUS EFFORT IS REQUIRED TO
DEVELOP THIS CONCEPT INTO PRACTICAL REALITY.
WATER POLLUTION REPRESENTS OUR GREATEST
PROBLEM AND ALSO THE AREA OF A LARGE PART OF
OUR PAST EFFORTS BECAUSE MOST OF OUR PRODUCTS
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162
MAYOR EMMETT F. LOWRY
ARE LIQUIDS OR SOLIDS WHICH ARE QUITE WATER
SOLUBLE. OVER 97% OF OUR FRESH WATER SUPPLY
IS OBTAINED FROM THE BRAZOS RIVER BY CANAL AND
IS USED FOR BOILER FEED, PROCESS NEEDS AND COOL-
ING PURPOSES. APPROXIMATELY 17 MILLION GALLONS
PER DAY OF THIS WATER IS USED BY THE PROCESSES
AND A FLOW OF OVER 385 MILLION GALLONS PER DAY
IS CONSTANTLY RECIRCULATED THROUGHOUT A CYCLE
SYSTEM FOR COOLING PURPOSES.
IN ORDER TO CONTROL WATER POLLUTION WE
NOW SEGREGATE THE PROCESS WASTES INTO THREE
PARTS; BURNABLE LIQUIDS, CONCENTRATED WASTE
WATER STREAMS, AND A DILUTE WASTE WATER STREAM.
AT PRESENT, THE BURNABLE LIQUIDS ARE DISPOSED
OF BY SMOKELESS BURNERS AND THEREFORE THESE
MATERIALS DO NOT CONTRIBUTE TO AIR OR WATER POLLU-
TION. THE GREATER THE AMOUNT OF BURNABLE MATER-
IAL WE CAN SEGREGATE AND BURN, THE LESS THE WATER
POLLUTION LOAD WE WILL HAVE TO TREAT.
THE CONCENTRATED WASTE STREAMS MAKE UP
ABOUT 40% OF OUR ORGANIC WASTES IN ABOUT 10%
OF OUR WASTE WATER. TO PREVENT THESE MATERIALS
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163
MAYOR EMMETT F. LOWRY
FROM REACHING NATURAL WATERS IN THIS CONDITION,
A NUMBER OF LARGE LAGOONS IN THE PLANT AND AT
THE OFF PLANT DISPOSAL AREA PROVIDE SUFFICIENT
TIME FOR NATURAL BIOLOGICAL PROCESSES TO REDUCE
THE ORGANIC CONTAMINATION GREATLY. THERE IS
NORMALLY NO EFFLUENT FROM THESE LaGOONS EXCEPT
DURING EXCESSIVE RAINFALL.
THE DILUTE WASTE WATER STREAM, WHICH
MAKES UP ABOUT 90% OF THE TOTAL FLOW, CONTAINS
THE REST OF THE ORGANIC WASTES, PLUS SOME OF
THE INORGANIC MATERIALS REMOVED FROM THE RIVER
WATER BY TREATING PROCESSES FOR BOILER FEED AND
PROCESS NEEDS. THIS DILUTE STREAM IS CLARIFIED
TO REMOVE ABOUT 97% OF THE SUSPENDED MATTER AND
THE EFFLUENT THEN FLOWS INTO GALVESTON BAY AFTER
MIXING WITH DILUTE WASTE STREAMS FROM TWO NEIGH-
BORING PLANTS. SLUDGES FROM CLARIFIERS AND PRO-
CESS UNITS ARE TRANSPORTED TO THE LAGOONS FOR
DISPOSAL SO THEY DO NOT GET INTO THE EFFLUENT
WASTE STREAM. CHEMICALLY CONTAMINATED MATERIALS
AND NONBURNABLE WASTES GO TO A LAND FILL AT THE
OFF PLANT DISPOSAL AREA. OTHER TRASH AND GARBAGE
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MAYOR EMMETT F. LOWRY
IS HAULED TO THE TEXAS CITY DUMP.
THE ENTIRE PLANT HAS A NETWORK OF GRAV-
ITY SEWERS AND DITCHES CONNECTED TO PUMPING STA-
TIONS WHICH PUMP ALL THE DILUTE WASTES TO PRIMARY
CLARIFIERS AT THE BACK OF THE PLANT. THE CON-
CENTRATED WASTES ARE EITHER PUMPED OR TRUCKED TO
THE LAGOONS AND THE BURNABLE WASTES ARE ALSO
PUMPED OR TRUCKED TO STORAGE TANKS WHICH FEED
THE SMOKELESS BURNERS.
THE ENTIRE WASTE WATER TREATMENT AND DIS-
POSAL SYSTEM IS MONITORED THROUGHOUT THE PLANT
BY A LABORATORY USING SOME OF THE LATEST ANALYTI-
CAL TOOLS, SUCH AS TOTAL CARBON ANALYZERS AND GAS
CHROMATOGRAPHIC INSTRUMENTS, AS WELL AS CONVEN-
TIONAL WET CHEMICAL METHODS.
IN THE CONTROL OF AIR POLLUTION, EACH
PARTICULAR MAJOR SOURCE IS EQUIPPED WITH CON-
TROL DEVICES. THE WASTE GAS FLARES ARE EQUIPPED
WITH STEAM INJECTION FOR SMOKELESS BURNING.
THE ETHANOL-ACID STACK HAS SCRUBBERS, DEMISTERS
AND AFTERBURNERS WHICH PREVENT THE ESCAPE OF
SULFURIC ACID MIST AND SULFUR TRIOXIDE. THE
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165
MAYOR EMMETT F. LOWRY
COOLING TOWERS NEAR HIGHWAY 146 ARE EQUIPPED
WITH GAS BURNERS TO HELP DISSIPATE FOG ON THE
HIGHWAY DURING THE WINTER MONTHS. HYDROGEN
SULFIDE REMOVED FROM CRUDE RAW MATERIALS IS CON-
CENTRATED AND SOLD TO A NEIGHBORING PLANT. SPE-
CIAL CARBON MONOXIDE AND CHLORINE MONITORING
SYSTEMS HAVE BEEN INSTALLED PRIMARILY FOR SAFETY
OF PLANT PERSONNEL, BUT THEY ALSO SERVE TO PRO-
TECT THE COMMUNITY IN THE EVENT OF ACCIDENTAL
RELEASES.
IN NOISE ABATEMENT, THE SILENCING OF TUR-
BINE GENERATORS AND COMPRESSORS HAS BEEN BUILT
INTO MOST OF THE INSTALLATIONS, BUT ONE OF THE
FIRST TURBINES WE INSTALLED HAS HAD A PERSISTENT
DIRECTIONAL EMISSION INTO A RESIDENTIAL AREA
WHICH WAS ONLY RECENTLY IDENTIFIED FOR CORRECTIVE
ACTION. A TEMPORARY DEFLECTION BARRIER HAS BEEN
ERECTED AND ENGINEERING FOR A PERMANENT SOLUTION
IS UNDERWAY.
ALL OF THE PRESENT GENERAL POLLUTION
CONTROL FACILITIES INSTALLED THROUGH 1967 FOR
THE OPERATION OF THE PLANT REPRESENT A CAPITAL
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166
MAYOR EMMETT F. LOWRY
INVESTMENT OF ABOUT $5,600,000. THE TEXAS CITY
PLANT POLLUTION CONTROL GROUPS IN 1967 SPENT
OVER $600,000 IN OPERATING AND MAINTENANCE COSTS
TO KEEP THEIR FACILITIES RUNNING. A TOTAL OF
MORE THAN THIRTEEN MAN-YEARS OF DIRECT LABOR
AND SUPERVISION WAS REQUIRED, WHICH DOES NOT
INCLUDE ABOUT TWICE THAT NUMBER OF MAINTENANCE
MAN-YEARS FOR 1967 ALONE.
MANY INSTANCES OF CAPITAL INVESTMENT,
OPERATION AND MAINTENANCE OF ENVIRONMENTAL CON-
TROL EQUIPMENT AT INDIVIDUAL UNITS IS NOT INCLUDED
IN THESE PUBLISHED FIGURES, SINCE THE COSTS ARE
OFTEN INCLUDED IN THE PROJECTS AND BUDGETS AS
INTEGRAL PARTS OF THE VARIOUS PRODUCTION DEPART-
MENTS .
A PARTICULAR EXAMPLE OF THIS IS THE IN-
VESTMENT IN FACILITIES TO CONTROL AIR, WATER AND
NOISE AT THE NEW ETHYLENE PLANT JUST BEING COM-
PLETED NEAR THE SOUTH END OF OUR PLANT. COMPLETELY
INTEGRATED EQUIPMENT FOR AIR POLLUTION CONTROL
COST OVER $1,100,000, FOR WATER $450,000, AND
FOR NOISE ABATEMENT ANOTHER $450,000. THIS WILL
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167
MAYOR EMMETT F. LOWRY
BE THE LARGEST SINGLE ETHYLENE UNIT IN THE
WORLD WITH A CAPACITY OF 1,200,000,000 POUNDS
PER YEAR OF ETHYLENE.
AT THE PRESENT TIME WE ARE OPERATING AN
ETHANOL-ACID PRODUCTION UNIT WITH A STACK EMIT-
TING SULFUR DIOXIDE UNDER A VARIANCE APPROVED
BY THE TEXAS AIR CONTROL BOARD EARLY INJULY OF
THIS YEAR. BY JULY 1, 1969, WE HOPE TO HAVE
SCRUBBING FACILITIES INSTALLED ON THIS STACK
WHICH WILL BRING OUR S02 RELEASE WELL WITHIN
REGULATION III LIMITS FOR GALVESTON COUNTY, WHICH
INCIDENTALLY ARE ONLY 70% OF THOSE PERMITTED IN
MOST OTHER PARTS OF TEXAS. A CUTBACK IN PRODUC-
TION WILL BE MADE TO MEET THE EMISSION LIMITS
IF THE JULY 1ST DATE CANNOT BE MET. THE PRE-
LIMINARY CAPITAL INVESTMENT ESTIMATES FOR THIS
IMPROVEMENT ARE IN EXCESS OF $500,000, AND OPERAT-
ING COSTS MAY EXCEED $200,000 PER YEAR.
3Y FAR THE LARGEST SINGLE POLLUTION
ABATEMENT INVESTMENT FOR THIS PLANT WILL BE THE
PROJECTED SECONDARY WASTE WATER TREATMENT UNIT
TO BE CONSTRUCTED NEAR THE OFF PLANT DISPOSAL
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168
MAYOR EMMETT F. LOWRY
AREA. IN THIS NEW INSTALLATION, WE ARE DESIGN-
ING TO PROVIDE AN 80% REDUCTION IN BIOCHEMICAL
OXYGEN DEMAND (BOD5) FOR THE TOTAL CONCENTRATED
AND DILUTE ORGANIC WASTE STREAMS. NEW COMBINA-
TIONS OF AEROBIC AND ANAEROBIC BIOLOGICAL SYSTEMS
WILL BE UTILIZED WHICH ARE PARTICULARLY SUITED
TO THE KINDS OF WASTES PRODUCED IN THIS PLANT.
A PILOT PLANT STUDY HAS BEEN UNDERWAY FOR THE
LAST TWO-AND-ONE-HALF C2-1/2) YEARS DIRECTED BY
ENVIRONMENTAL POLLUTION CONTROL SCIENTISTS AND
ENGINEERS FROM OUR CHARLESTON TECHNICAL CENTER.
THIS EFFORT UTILIZED 3.5 MAN-YEARS PER YEAR AND
COST OVER $50,000 PER YEAR, MOST OF WHICH WAS
FOR LABORATORY WORK REQUIRED TO DETERMINE THE
EFFECTS OF VARIOUS BACTERIAL SYSTEMS. THIS WORK
WILL CONTINUE THROUGH 1968, ALTHOUGH PRELIMINARY
ENGINEERING WORK IS EVEN NOW UNDERWAY.
IN CONSULTATIONS WITH THE STAFF OF TME
TEXAS WATER QUALITY BOARD WE HAVE REVIEWED THE
DESIGN AND EXPECTED EFFECTIVENESS OF THE PROPOSED
TREATMENT PLANT. WE ARE NOW PREPARING A REVISED
EFFLUENT WATER PERMIT FOR APPROVAL SO WE CAN
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MAYOR EMMETT F. LOWRY
ASSURE OUR POLLUTION CONTROL TEAM AND CORPORATE
MANAGEMENT THAT THE NEW PLANT WILL MEET THE PRE-
LIMINARY REQUIREMENTS FOR WASTE WATER DISCHARGES
INTO GALVCSTON BAY. PRELIMINARY ESTIMATES OF
PLANT COST ARE AROUND $4 MILLION WITH AN ADDI-
TIONAL $1 MILLION FOR THE COASTAL SWAMPLAND ON
WHICH TO BUILD IT. NUMEROUS OTHER PROJECTS HAVE
BEEN BUDGETED WHICH BRING THE TOTAL TO OVER $7
MILLION TO BE COMMITTED IN 1968 AND 1969 AT THE
TEXAS CITY LOCATION. THUS, OUR TOTAL INVESTMENT
WILL EXCEED $12 MILLION. IN ADDITION, A FIVE-
YEAR FORECAST INDICATES ANOTHER $1 MILLION OF
CAPITAL INVESTMENT WILL BE REQUIRED FOR FURTHER
POLLUTION CONTROL MEASURES THROUGH 1973.
THE SHORT TIME ALLOTTED ON TODAY'S PRO-
GRAM CAN ONLY PROVIDE THIS BRIEF SUMMARY. WE
HEJRE AT THE TEXAS CITY PLANT OF UNION CARBIDE
JELIEVE THAT EXISTING TEXAS STATE POLLUTION
CONTROL LAWS AND REGULATIONS ARE ADEQUATE TO
GUIDE ANY IMPROVEMENT NEEDS AT THIS LOCATION.
AS QUALITY CRITERIA ARE FURTHER DEVELOPED, WE
FEEL WE CAN GENERATE THE TECHNOLOGY AND DESIGNS
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170
MAYOR EMMETt F. LOWRY
TO MEET THEM. I HOPE I HAVE BEEN ABLE TO CON-
VEY TO YOU FIRST OUR CONCERN FOR THE MANY PROB-
LEMS OF ENVIRONMENTAL POLLUTION CONTROL AT THIS
PLANT, AND THEM A SUMMARY OF OUR PAST EFFORTS,
PLUS OUR PLANS AND DETERMINATION TO BRING REMAIN-
ING PROBLEMS TO SATISFACTORY SOLUTIONS.
THANK YOU, MR. GALEGAR,
MR. GALEGAR: THANK YOU, MAYOR, WE WILL APPRECIATE
RECEIVING THOSE COPIES INTO THE RECORD, AND IT
SOUNDS LIKE YOU HAVE MADE A RATHER EXTENSIVE
APPROACH TO THE PROBLEMS THAT YOU SHARE WITH
OTHERS.
LET ME ASK, IF YOU DON'T MIND WAITING
JUST A MOMENT, IF WE HAVE ANY QUESTIONS? ANY
QUESTIONS FROM THE AUDIENCE?
MR. MYRICK: MR. MYRICK, UNIVERSITY OF'HOUSTON. MAYOR
LO'./RY, I WOULD LIKE TO AS'< YOU TO INFORM US OF
A NEW PROJECT YOU HAVE GOING ON IN YOUR TREATMENT
PLANTS, THE PROCESS MR. CONNELL IS WORKING WITH
YOU ON, I THINK THIS WOULD .BE VERY INFORMATIVE.
MAYOR LOWRY: WE HAVE BEEN PRIVILEGED IN TEXAS CITY TO
SHARE THE FACILITIES AT OUR SEWAGE TREATMENT
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171
PLANT NUMBER 2 WITH THE PEOPLE AT UNIVERSITY
OF TEXAS MEDICAL CENTER IN THEIR ATTEMPT TO
CARRY ON EXPERIMENTAL WORK THAT NEEDS TO BE
DONE AND ASSISTING US ALL IN CONTROLLING CERTAIN
PRODUCTS IN OUR SEWAGE EFFLUENT, WE HAVE OFFERED
OUR FACILITIES. THE MEDICAL BRANCH HAS ADDED
SOME FACILITIES THERE AND IT'S IN AN EXPERIMENTAL
STAGE AND GOING ON SEVERAL MONTHS. I AM NOT IN
A POSITION TO GIVE YOU THE TECHNICAL DETAILS, BUT
WE DO APPRECIATE THE FACT THAT THEY ARE CARRYING
ON THIS WORK THERE AND WE ARE ABLE TO ASSIST.
MR. GALEGAR: THANK YOU, MAYOR. I BELIEVE THAT WE HAVE
HERE IN THE AUDIENCE DR. CONNELL WHO IS—IS DR.
CONNELL HERE? DR. CONNELL, THERE MAY BE A NUMBER
OF PEOPLE WHO ARE INTERESTED IN TALKING TO YOU.
ARE THERE ANY OTHER QUESTIONS?
THANK YOU VERY MUCH, MAYOR, WE CERTAINLY
APPRECIATE THIS FINE STATEMENT.
MAYOR LOWRY: THANK YOU. I HAVE HERE COPIES OF REPORTS
FOR COMMITTEE RECORDS.
MR. GALEGAR: is JUDGE RAY HOLBROOK HERE?
JUDGE HOLBROOK: THANK YOU VERY MUCH, MR. GALEGAR, AND
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172
JUDGE RAY HOLBROOK
MEMBERS OF THE PANEL AND LADIES AND GENTLEMEN.
I AM RAY HOLBROOK, THE COUNTY JUDGE OF GALVESTON
COUNTY. I ONLY WISH TO ADD TO MAYOR LOWRY'S
STATEMENT THAT WE DO ENDORSE AND SUBSCRIBE AND
STAND BEHIND THE STATEMENT THAT HE IS PRESENTING
TO YOU GENTLEMEN AS A PART OF THE PACKAGE, THE
STATEMENT WHICH THE GALVESTON COUNTY COMMISSIONERS'
COURT PRESENTED TO SENATOR CRISS COLE AND THE
LEGISLATIVE COMMITTEE FOR STUDY OF LAND USE AND
ENVIRONMENTAL CONTROL.
I AM HERE PRIMARILY TO INDICATE THE INTER-
EST OF GALVESTON COUNTY AND THE GALVESTON COUNTY
COMMISSIONERS' COURT IN THE OVERALL PROBLEM OF
WATER POLLUTION AND ITS CONTROL.
COMMISSIONER PAUL HOPKINS AND COMMISSIONER
JACK LAWRENCE WERE HERE EARLIER BUT HAD OTHER
ENGAGEMENTS THEY HAD TO ATTEND TO.
I ALSO WISH TO PLEDGE OUR COOPERATION
WITH ALL OF THE CITIES IN GALVESTON COUNTY IN
COMBATTING THIS PROBLEM, WITH THE TEXAS WATER
QUALITY BOARD, WITH THE STATE HEALTH DEPART-
MENT, WITH THE PARKS AND WILDLIFE DEPARTMENT AND
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173
JUDGE RAY HOLBROOK
WITH THE FEDERAL WATER POLLUTION CONTROL ADMINIS-
TRATION.
WE BELIEVE THE COUNTY OF GALVESTON AND
ALL COUNTIES OF THE STATE, FOR THAT MATTER, NEED
MORE AUTHORITY OVER LAND USE, OF WHETHER IT'S
ABOVE WATER OR WHETHER SUBMERGED, OTHER THAN THAT
USED PRIMARILY FOR NAVIGATION. HOWEVER, WE RECOG-
NIZE THIS AS PRIMARILY A STATE PROBLEM ON WHICH
THIS ADMINISTRATION COULD PROBABLY GIVE US NO
ASSISTANCE.
WE BELIEVE, FINALLY, THAT WATER POLLUTION
CONTROL SHOULD BE THE AUTHORITY OF LOCAL AND STATE
AGENCIES.
WE BELIEVE, HOWEVER, THAT THE FEDERAL
INTEREST IS VERY IMPORTANT AND SHOULD BE OF A
"WATCHDOG" CHARACTER IN SETTING NATIONWIDE STAND-
ARDS AND SEEING THAT THE STATE AND LOCAL AGENCIES
THEN FINALLY MEET THESE STANDARDS WITHIN REASONABLE
PERIODS OF TIME.
I DO BELIEVE THAT THE PRIMARY INTERESTS
OF THE FEDERAL WATER POLLUTION CONTROL ADMINISTRA-
TION IN HOLDING THESE HEARINGS IN TEXAS SHOULD
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JUDGE RAY HOLBROOK
HAVE BEEN SPELLED OUT A LITTLE MORE CLEARLY. I,
FOR ONE, DO NOT REALLY KNOW WHY YOU ARE HERE OR
WHAT YOU ARE LOOKING FOR; BUT WE CERTAINLY DO
PLEDGE OUR COOPERATION AND WANT TO DEMONSTRATE
OUR INTEREST IN WATER POLLUTION CONTROL IN GAL-
VESTON COUNTY.
MR. GALEGAR: THANK YOU JUDGE HOLBROOK. WE KNOW THAT
THERE ARE TIMES IN WHICH INFORMATION THAT WE WISH
TO DISSEMINATE DOES NOT REACH ALL PARTIES AND
CERTAINLY IS NOT CLEAR, AND WE WOULD LIKE — THERE
ARE VARIOUS HANDICAPS IN THE COMMUNICATION SYSTEM
AND IN THE WRITTEN WORD IN THE AMOUNT OF INFORMA-
TION WE ATTEMPT TO DISSEMINATE. WE DO HOPE THAT
THIS WILL IMPROVE AND WE DO HOPE THAT WE CAN SHARE
WITH YOU OUR THOUGHTSMORE DIRECTLY IN THE FUTURE.
ARE THERE ANY QUESTIONS OF THE PANEL OR
OF JUDGE HOLBROOK?
JUDGE, WE WILL LET YOU GET AWAY. I HOPE
YOU DO RETURN TO THE FLOOR MIKE IN THE EVENT WE
HAVE SOME QUESTIONS. ANY FROM THE AUDIENCE?
VERY FINE.
THE NEXT SPEAKER IS MR. TERRANCE LEARY,
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175
TEXAS PARKS AND WILDLIFE SERVICE.
MR. LEARY: MR. CHAIRMAN, MEMBERS OF THE PANEL, LADIES
AND GENTLEMEN.
ARTICLE 4026 OF THE REVISED CIVIL STAT-
UTES OF TEXAS PROVIDES IN PART THAT "ALL OF THE
PUBLIC RIVERS, BAYOUS, LAGOONS, CREEKS, LAKES,
BAYS, AND INLETS IN THIS STATE, AND ALL THAT
PART OF THE GULF OF MEXICO WITHIN THE JURISDIC-
TION OF THIS STATE, TOGETHER WITH THEIR BEDS AND
BOTTOMS, AND ALL OF THE PRODUCTS THEREOF, SHALL
CONTINUE AND REMAIN THE PROPERTY OF THE STATE OF
TEXAS, EXCEPT IN SO FAR AS THE STATE SHALL PERMIT
THE USE OF SAID WATERS AND BOTTOMS, OR PERMIT
THE TAKING OF THE PRODUCTS OF SUCH BOTTOMS AND
WATERS."
THE PARKS AND WILDLIFE DEPARTMENT IS THE
STATE AGENCY CHARGED WITH THE RESPONSIBILITY FOR
MANAGING THE FISH, WILDLIFE, AND PUBLIC OUTDOOR
RECREATION RESOURCES OF TEXAS. WE HAVE FOR SOME
YEARS MONITORED AND RECORDED ECOLOGICAL DATA
WITHIN EACH OF OUR COASTAL BAY SYSTEMS, AND WE
ARE PRESENTLY UNDERTAKING A USE AND DEMAND STUDY
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176
MR. TERRANCE LEARY
OF RECREATION NEEDS ALONG OUR COAST. WE HAVE
PREVIOUSLY OUTLINED, IN MORE DETAIL, OUR ACTIVI-
TIES TO REPRESENTATIVES OF THE FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION FOR THE PURPOSE OF
THIS NATIONAL ESTUARINE SURVEY. THE STATEMENTS
MADE HEREIN RESULT FROM OUR STUDIES.
THE PROBLEMS FACING OUR ESTUARIES ARE
MANIFOLD AND COMPLEX, EACH INFLUENCING OTHER
FACTORS. TO BEGIN, WE SHOULD DEFINE AN ESTUARY,
AND THIS WE DO USING THE DESCRIPTION GENERALLY
ACCEPTED AND USED BY MARINE BIOLOGISTS AND ECOLO-
GISTS AND WHICH APPEARS IN W. M. CAMERON AND
D. W. PRITCHARD'S WORK, THE SEA.
"AN ESTUARY IS A SEMI-ENCLOSED COASTAL
BODY OF WATER HAVING FREE CONNECTION WITH THE
OPEN SEA AND WITHIN WHICH THE SEA WATER IS MEA-
SURABLY DILUTED WITH FRESH WATER DERIVING FROM
LAND DRAINAGE."
BY THIS DEFINITION, ABOUT ONE-THIRD OF
THE INLAND COASTAL WATERS OF TEXAS — THOSE
SOUTH OF ARANSAS PASS ~ COULD NOT BE CLASSIFIED
AS ESTUARIES SINCE THEY NO LONGER CONSISTENTLY
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177
MR. TERRANCE LEARY
RECEIVE FRESH WATER NECESSARY FOR DILUTION.
STILL OTHERS WILL BE RECEIVING LESS AND LESS
DRAINAGE AS TEXAS DEVELOPS ITS WATER RESOURCES
AND DIVERTS STREAM FLOW FROM THE RIVERS. FOR
THE PURPOSE OF THIS HEARING, WE SHALL REFER TO
ESTUARINE AREAS AND FORMER ESTUARINE AREAS AS
"BAYS."
THE IMPORTANCE OF FRESH WATER WHICH
CREATES THE ESTUARINE HABITAT CANNOT BE OVER EM-
PHASIZED, FOR IT CREATES CONDITIONS NECESSARY FOR
THE SURVIVAL OF MANY OF OUR MARINE ORGANISMS.
LAST YEAR, FOR EXAMPLE, 99 PERCENT OF OUR TEXAS
COMMERCIAL FISHERY WAS COMPOSED OF ESTUARINE
DEPENDENT SPECIES. THESE INCLUDE SHRIMP, CRABS,
OYSTERS, MENHADEN, TROUT, REDFISH, DRUM, SHEEPS-
HEAD, AND FLOUNDER, TO NAME A FEW. THIS YEAR,
WITH ABUNDANT RAINFALL AND RUNOFF, WE HAVE HAD
AN INCREASE IN WHITE OR BAY SHRIMP PRODUCTION,
IN ABUNDANCE OF BLUE CRABS IN AREAS WHERE THEY
HAVE NOT NORMALLY OCCURRED, AND A RECORD CROP OF
JUVENILE REFISH. IT HAS TAKEN RECORD-BREAKING
RAINFALL TO DO THIS, HOWEVER.
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178
MR. TERRANCE LEARY
A FACTOR WHICH FURTHER COMPLICATES THE
PROBLEM IS THAT A NUMBER OF INDUSTRIES HAVE
BEEN DISPOSING OF LARGE QUANTITIES OF CONCENTRATED
BRING INTO OUR COASTAL STREAMS AND BAYS. SOME
SINGLE OPERATIONS CONTRIBUTE AS MUCH AS 1,800,000
GALLONS OF BRINE DAILY AT A SALINITY ALMOST THREE
TIMES THAT OF PURE SEA WATER TO OUR ESTUARINE
ENVIRONMENT. TO DILUTE THIS AMOUNT OF BRING TO
AN ACCEPTABLE LEVEL FROM ONE OPERATION WOULD
TAKE 18,000 ACRE FEET OF FRESH WATER PER YEAR.
ONE TIDAL STREAM HAS FOUR SUCH OPERATIONS ON ITS
LOWER REACHES. OUR TEXAS WATER QUALITY BOARD
AND RAILROAD COMMISSION ARE CURRENTLY REVIEWING
THESE PRACTICES TO DETERMINE A SOLUTION TO THE
PROBLEM.
WE HAVE ALSO BECOME AWARE OF PROBLEM SIT-
UATIONS CREATED BY THE LOCATION OF STEAM GENERAT-
ING ELECTRICAL POWER PLANTS ALONG THE SHORELINES
AND HEAD WATERS OF OUR BAYS. THESE PLANTS USE
LARGE QUANTITIES OF BRACKISH WATERS FOR COOLING
PURPOSES. UNFORTUNATELY, THE WATER IS USUALLY
PUMPED FROM AND RETURNED TO AREAS OF NURSERY
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179
MR. TERRANCE LEARY
HABITAT FOR FISH AND SHELLFISH. THE MILLIONS
OF LARVAL AND JUVENILE FORMS THAT ARE SUCKED
INTO THE STREAM ARE KILLED, AND THE HEATED AND
RETURNED EFFLUENT DURING SUMMER MONTHS CAN BE
LETHAL TO ANIMALS IN A RATHER EXTENSIVE AREA
AT THE DISCHARGE. STATE AND FEDERAL AGENCIES
AND THE POWER COMPANIES ARE ACTIVELY SEEKING WAYS
TO PROVIDE THE NEEDED ELECTRICAL SERVICE TO EX-
PANDING COASTAL INDUSTRIES WITHOUT JEOPARDIZING
THE FISHERIES.
THE RADICAL ALTERATION OF THE BAY HABITAT
BY CONSTRUCTION PROJECTS IS ALSO A MAJOR FACTOR
CONTRIBUTING TO THE DETERIORATION OF OUR BAY
AND BAY DEPENDENT FISHERIES. PIECEMEAL CHANNEL-
ING, FILLING, DREDGING, AND BULKHEADING BY PRIVATE
INTERESTS EAT AWAY AT THE IRREPLACEABLE, SHALLOW
NURSERY AREAS AROUND THE EDGES OF OUR BAYS.
ALMOST EVERY DAY SEES THE LOSS OF ADDITIONAL
ACRES OF THIS PRIME HABITAT. SOME PUBLIC PRO-
JECTS, HOWEVER, ARE NOT SO SUBTLE IN THEIR EFFECTS,
ONE SUCH U. S. ARMY CORPS OF ENGINEERS PROJECT
CURRENTLY UNDERWAY IN SABINE LAKE IS ISOLATING
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180
MR. TERRANCE LEARY
SIX SQUARE MILES, ONE-SIXTH OF THE TEXAS HALF
OF THE LAKE, BEHIND A LEVEE. THIS AREA WILL BE
USED AS A SPOIL DUMP FOR MATERIAL DREDGED FROM
THE SHIP CHANNEL. SIX SQUARE MILES OF DRY LAND
WILL BE CREATED, AND NEEDLESS-TO-SAY, THERE WILL
BE NO MORE SHRIMP PRODUCED THERE.
ANOTHER PROJECT OF ALMOST INCOMPREHENSIBLE
MAGNITUDE IS THE TEXAS HURRICANE PROTECTION STUDY
OF THE CORPS OF ENGINEERS. ONE PROPOSED PLAN FOR
THE GALVESTON BAY SYSTEM WOULD CONSTRUCT A LEVEE,
20 FEET HIGH, OVER 200 FEET WIDE, AND 87 MILES
LONG. IT WOULD BISECT GALVESTON BAY AND EXTEND
THE LENGTH OF WEST BAY. SOME 336,000 ACRES OF
BAY WATERS WOULD BE IN THE AREA OF INFLUENCE.
IT IS NOT DIFFICULT TO DETERMINE THE EFFECTS OF
CONSTRUCTION ON THE STRIP ON WHICH THE LEVEE
RESTS OR ON THOSE BOTTOM AREAS FROM WHICH FILL
MATERIAL WOULD BE TAKEN. HOWEVER, IT IS VIRTU-
ALLY IMPOSSIBLE TO DETERMINE WHAT THE OVERALL
EFFECTS MIGHT BE ON THE REMAINDER OF GALVESTON
BAY, THE MOST PRODUCTIVE OF OUR BAY SYSTEMS.
THE DISTRICT OFFICE OF THE CORPS OF ENGINEERS
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181
MR. TERRANCE LEARY
HAS BEEN EXTREMELY COOPERATIVE IN RUNNING MODEL
TESTS FOR AND SUPPLYING ALL POSSIBLE INFORMA-
TION TO OUR DEPARTMENT AND THE U. S. FISH AND
WILDLIFE SERVICE WHO ARE ATTEMPTING TO EVALUATE
ALL OF THE POSSIBLE EFFECTS OF SUCH AN EXTENSIVE
PROJECT.
THE PRESENCE OF PESTICIDES IN THE MARINE
ENVIRONMENT IS REACHING SIGNIFICANT LEVELS. WE
ARE CONCERNED OVER THE RESULTS OF OUR STUDIES BE-
CAUSE THEY INDICATE A TREND OF INCREASING CONTAMI-
NATION. COMPARATIVELY LOW CONCENTRATIONS OF
THESE PESTICIDES ARE TOXIC TO MANY OF OUR MORE
IMPORTANT MARINE ANIMALS. A 1 PPB LEVEL OF DDT
WILL KILL BLUE CRABS IN EIGHT DAYS. A CONCENTRA-
TION OF 0.023 PPM DDT WILL REDUCE THE GROWTH OF
OYSTER LARVAE BY 40 PERCENT AND THEIR SURVIVAL BY
20 PERCENT, WHILE A 0.001 PPM CONCENTRATION OF
THE SAME PESTICIDE IS LETHAL TO WHITE SHRIMP.
DDT IS APPLIED TO COTTON AT A RATE OF 1.75 POUNDS
TO THE ACRE AND IS NORMALLY USED TWICE ON A CROP.
ONLY 5 PERCENT OF THIS MATERIAL USED ON ONE ACRE
IS SUFFICIENT TO KILL ALL THE SHRIMP AND CRABS IN
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182
MR. TERRANCE LEARY
50 ACRES OF SHALLOW BAY NURSERY.
WE HAVE DETERMINED THAT IN THE RELA-
TIVELY SMALL WATERSHED OF THE LOWER LACUNA MADRE,
OVER 11.3 MILLION POUNDS OF DDT, DIELDRIN, ENDRIN,
TOXAPHENE, SEVIN, AND PARATHION ARE APPLIED IN
AGRICULTURE ANNUALLY.
IN OUR WORK, WE ARE MONITORING THE ANI-
MALS TO DETERMINE WHICH SPECIES ARE AFFECTED
AND IN WHAT ORGANS AND TISSUES THE TOXIC MATERIAL
BECOMES CONCENTRATED. WE HAVE DETECTED HIGH
LEVELS IN THE BRAINS, LIVERS, AND GONADS OF SOME
OF OUR FISH, IN FISH EGGS, AND IN THE EGGS OF
SHOREBIRDS. OTHER STATE AGENCIES ARE STUDYING
DIFFERENT PHASES OF THE PESTICIDE PROBLEM.
AS THE POPULATION OF TEXAS EXPANDS AND
BECOMES EVER MORE AFFLUENT, THE DEMAND FOR OUT-
DOOR RECREATION GROWS AT AN INCREASING RATE. IF
RECREATIONAL FACILITIES ON THE TEXAS GULF COAST
ARE DEVELOPED IN AN ORGANIZED AND ATTRACTIVE
MANNER, THEY COULD HAVE THE ABILITY TO ABSORB
MUCH OF THE RECREATIONAL NEEDS OF TEXAS AND MANY
OF THE LANDLOCKED STATES. UNTIL RECENTLY, THIS
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183
MR. TERRANCE LEARY
HAS NOT BEEN THE CASE.
IT IS OUR RESPONSIBILITY TO PROVIDE FOR
THE FULFILLMENT OF THE PRESENT AND FUTURE DEMAND
FOR OUTDOOR RECREATION. IN ACCORDANCE WITH THIS
RESPONSIBILITY, THE DEPARTMENT IS PRESENTLY CON-
DUCTING A COMPREHENSIVE OUTDOOR RECREATION STUDY
FOR THE TEXAS GULF COAST. THIS STUDY WILL DETER-
MINE THE TYPE, NUMBER, AND LOCATION OF OUTDOOR
RECREATIONAL FACILITIES ALONG THE TEXAS GULF
COAST; NATURAL RESOURCES MOST DESIRABLE FOR
RECREATIONAL DEVELOPMENT; DEMAND INTENSITIES,
BOTH PRESENT AND FUTURE; TRENDS IN LAND USE
CHANGES; AND OUTDOOR RECREATIONAL LAND ACQUISI-
TION PRIORITIES. WE PLAN TO PROVIDE POSSIBLE
SOLUTIONS TO THE OUTDOOR RECREATIONAL PROBLEMS
ON THE TEXAS GULF COAST THAT ARE ATTRIBUTABLE
TO URBANIZATION AND INDUSTRIALIZATION BY PRESENT-
ING ALTERNATIVES TO THE PRESENT DEVELOPMENT
PATTERNS.
THE STATE OF TEXAS RECOGNIZES THE MANY-
FACETED VALUE OF ITS BAY SYSTEMS. THE SPORT AND
COMMERCIAL FISHERIES ALONE ARE WORTH ABOUT 190
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184
MR. TERRANCE LEARY
MILLION DOLLARS A YEAR. THE RICH MINERAL DEPOSITS,
WHICH LIE BENEATH THE BOTTOM, AND THE RENEWABLE
FISH, SHELLFISH, AND WILDLIFE RESOURCES IN AND
ON THE WATERS, ARE THE PROPERTY OF THE PEOPLE OF
TEXAS AND ARE HELD IN TRUST FOR THEM BY THE STATE.
ARTICLE 4026 OF THE REVISED CIVIL STATUTES OF
TEXAS ALSO PROVIDES THAT THE TEXAS PARKS AND WILD-
LIFE COMMISSION SHALL HAVE JURISDICTION OVER AND
CONTROL OF THE TAKING AND CONSERVATION OF FISH,
SHELLFISH, SHRIMP, CRABS, AND ALL OTHER KINDS AND
FORMS OF MARINE LIFE, SAND, GRAVEL, MARL, MUDSHELL,
AND OTHER KINDS OF SHELL. ARTICLE 4053 AUTHORIZES
THE COMMISSION TO REGULATE THE DISTURBANCE OF
OYSTER BEDS AND FISH INHABITING WATERS.
OTHER STATE AGENCIES ARE SIMILARLY PRO-
VIDED WITH JURISDICTION OVER THEIR AREAS OF SPECIAL-
IZATION, AND ALL EFFORTS ARE COORDINATED THROUGH
THE PLANNING AGENCY COUNCIL OF TEXAS. WE, THERE-
FORE, BELIEVE THAT MANAGEMENT AT THE STATE LEVEL
WILL PROVIDE THE BEST SYSTEM OF MULTIPLE USE IN
DEVELOPMENT FOR OUR BAY SYSTEMS.
MR. GALEGAR: THANK YOU, MR. LEARY. WOULD YOU MIND
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185
PAUSING FOR JUST A MOMENT.
ARE THERE ANY QUESTIONS FROM THE PANEL?
ANY QUESTIONS FROM THE AUDIENCE?
THANK YOU VERY MUCH.
WE'LL TRY TO GET ONE MORE SPEAKER ON
BEFORE WE INTERRUPT THE MEETING FOR LUNCH.
THE NEXT SPEAKER THAT I WOULD LIKE TO
HAVE COME FORWARD IS ONE WHO REPRESENTS THE
STATE RAILROAD COMMISSIONER, MR. ROY D. PAYNE.
MR. PAYNE: THANK YOU, MR. GALEGAR AND MEMBERS OF THE
PANEL. I WOULD HOPE THAT IT'S IN ORDER, MR.
GALEGAR—AS A VOTING MEMBER OF THE TEXAS WATER
QUALITY BOARD, I WOULD LIKE TO OFFER MY CONGRATU-
LATIONS TO COLONEL BENDER FOR A VERY THOROUGH
AND COMPREHENSIVE STATEMENT RELATIVE TO THE
STUDY BEING CARRIED OUT ON GALVESTON BAY. I
THOUGHT HE DID A VERY GOOD JOB.
I AM ROY D. PAYNE--
I HAD BETTER GET MY GLASSES.
...AND I SERVE AS DIRECTOR OF FIELD
OPERATIONS IN THE OIL AND GAS DIVISION OF THE
RAILROAD COMMISSION OF TEXAS. IT IS MY PLEASURE
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186
MR. ROY D. PAYNE
TO APPEAR HERE ON BEHALF OF THE COMMISSION AT
THE REQUEST OF CHAIRMAN JIM C. LANGDON.
THE COMMISSION IS AN ELECTED AGENCY THAT
IS DIRECTLY RESPONSIBLE TO THE PEOPLE OF THE
STATE, AND IT HAS A GENUINE CONCERN FOR THE PRO-
TECTION OF TEXAS' WATERS.
THE LEGISLATURE HAS EXPRESSLY DIRECTED
THAT THE COMMISSION BE "SOLELY RESPONSIBLE FOR
THE CONTROL AND DISPOSITION OF WASTE AND THE
ABATEMENT OF POLLUTION OF WATER, BOTH SURFACE
AND SUBSURFACE, RESULTING FROM ACTIVITIES ASSOCI-
ATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUC-
TION OF OIL OR GAS." I HAD OCCASION EARLIER THIS
YEAR TO PRESENT A STATEMENT TO THE TEXAS WATER
CONSERVATION ASSOCIATION CONCERNING THE EXTENT OF
OUR RESPONSIBILITY IN THESE MATTERS AND THE EFFORTS
BEING MADE BY OUR STAFF TO CARRY OUT THESE DUTIES.
I WILL NOT CONSUME YOUR TIME BY READING THAT STATE-
MENT, BUT, WITH YOUR LEAVE, I WOULD LIKE TO IN-
CLUDE IT AS A PART OF THE RECORD IN THE PRESENT
HEARING.
MR. GALEGAR: THAT'S FINE.
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187
MR. ROY D. PAYNE
MR. PAYNE: PART OF THE LEGISLATIVE PLAN IN SETTING
UP MACHINERY FOR THE ABATEMENT OF POLLUTION IN
THIS STATE HAS BEEN TO CONSTITUTE THE ADMINIS-
TRATIVE VODIES IN A WAY TO INSURE COORDINATION
OF EFFORT AMONG SEVERAL AGENCIES DEALING WITH
THE SAME SUBJECT MATTER. FOR EXAMPLE, THE STATUTE
SETTING UP THE TEXAS WATER QUALITY BOARD NAMES
THE CHAIRMAN OF THE RAILROAD COMMISSION AS A MEM-
BER OF THE WATER QUALITY BOARD. AT THE CHAIRMAN'S
DIRECTION, I HAVE BEEN WORKING VERY CLOSELY WITH
THE STAFF OF THE TEXAS WATER QUALITY BOARD.
IN MY JUNE 26, 1968 STATEMENT, TO WHICH
I JUST REFERRED, I LISTED SOME NINE AREAS IN
WHICH COMMISSION PERSONNEL ARE REGULARLY DIRECTED
TO PERFORM IN OUR ANTI-POLLUTION EFFORTS. ONE
OF THESE WAS THE DISPOSITION OF SALT WATER INTO
TIDAL WATERS. PRIMARILY, WE ARE CONCERNED WITH
THE SALT WATER WHICH IS PRODUCED WITH THE OIL
AND GAS. THIS PAST AUGUST THE WATER QUALITY
BOARD CALLED A HEARING TO CONSIDER WHAT REGULA-
TORY PRACTICE SHOULD BE FOLLOWED WITH RESPECT TO
SALT WATER DISCHARGES FROM LPG STORAGE CAVERNS.
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188
MR. ROY D. PAYNE
SOME QUESTION WAS RAISED AT THAT HEARING AS
TO THE APPROPRIATE AGENCY FOR THE CONTROL OF
DISCHARGES OF THAT SORT. IN A FORMAL STATEMENT
OF SEPTEMBER 18, 1968, CHAIRMAN LANGDON OF THE
RAILROAD COMMISSION ACKNOWLEDGED THAT SALT WATER
PITS, SALT WATER PRODUCTION, HANDLING, TRANSPOR-
TATION, STORAGE, AND RELEASE OR DISPOSITION
ASSOCIATED WITH L. P. GAS UNDERGROUND CAVERN
STORAGE OPERATIONS IS UNDER THE REGULATORY CON-
TROL OF THE RAILROAD COMMISSION OF TEXAS AND IT
WOULD PURSUE ITS STATUTORY DUTY TO REGULATE SUCH'
DISCHARGES.
WE HAVE A STAFF OF COMPETENT PEOPLE, WELL
ACQUAINTED WITH EXPLORATION AND PRODUCTION PRO-
CESSES OF OIL AND GAS INDUSTRY, AND WE ARE CON-
FIDENT THAT OUR STAFF CAN DO AN EFFECTIVE JOB
OF POLICING THESE OPERATIONS AND ENFORCING THE
APPLICABLE LAWS AND REGULATIONS.
THE RAILROAD COMMISSION HAS AND USES A
VERY EFFECTIVE MEANS OF ENFORCING ITS REGULATIONS,
THE LEGISLATURE HAS GIVEN THE COMMISSION THE
POWER OF ENFORCEMENT BY PIPELINE SEVERANCE.
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189
MR. ROY D. PAYNE
THERE IS A STATUTORY LIMITATION ON WHAT THE
RAILROAD COMMISSION CAN PERMIT IN REGARD TO SALT
WATER DISCHARGES. THE STATUTE EXPRESSLY SAYS
THAT THE COMMISSION IS NOT TO PERMIT DISCHARGES
WHICH WILL RESULT IN VIOLATION OF THE WATER
QUALITY STANDARDS ESTABLISHED BY THE TEXAS WATER
QUALITY BOARD. THIS IS THE AREA WHERE WE MUST
LOOK TO THE EXPERTS IN THE WATER QUALITY BOARD
TO FURNISH US WITH THE BASIC DATA AND THE SCIEN-
TIFIC SUPPORT WHICH WILL ENABLE THE COMMISSION TO
DETERMINE WHETHER ANY VIOLATION OF SUCH STANDARDS
HAS OCCURRED OR IS LIKELY TO OCCUR AS A RESULT OF
SALT WATER DISCHARGES FROM AND OIL AND GAS OPER-
ATIONS.
THE RAILROAD COMMISSION HAS A LONG HISTORY
OF HEARING FACTS AND CONTENTIONS AND OF RESOLV-
ING DIFFERENCES BY THE ISSUANCE OF ORDERS. WE
HAVE FOUND FROM EXPERIENCE THAT WE CAN ONLY
ENFORCE VALID ORDERS, AND THAT TO BE VALID, THESE
ORDERS MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE.
FROM WHAT WE HAVE BEEN ABLE TO LEARN THUS FAR,
THERE IS A VITAL NEED FOR MORE INFORMATION AND
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190
MR. ROY D. PAYNE
MORE STUDIES CONCERNING THE PROBLEMS OF THE
BAYS AND ESTUARIES AND THE CAUSES AND EFFECTS
OF VARIOUS ACTIVITIES IN THE ESTUARINE ZONES.
THERE IS A NEED FOR MONEY TO CARRY OUT THESE
ESTUARINE STUDIES OVER A WIDE RANGE AND OVER A
CONSIDERABLE PERIOD OF TIME.
LAST SPRING, WE CALLED ON EVERY PRODUCER
IN THE STATE TO PROVIDE FIGURES ON BARRELS OF
SALT WATER PRODUCED AND METHOD OF DISPOSITION.
THE RESULTS OF THIS SURVEY ARE NOW BEING COMPILED
THROUGH THE COOPERATIVE EFFORTS OF THE TEXAS
WATER DEVELOPMENT BOARD. WE HOPE THAT THIS IN-
VENTORY WILL HELP US TO IDENTIFY OUR PROBLEMS AND
PROVIDE EFFECTIVE APPROACHES TO THEIR SOLUTION.
DIRECTLY RELATED TO YOUR QUERIES AT THIS HEARING,
IT IS OUR HOPE THAT WE COULD PROVIDE A TABULATION
OF WATER VOLUMES AND AREAS OF DISCHARGE ALONG
THE ENTIRE TEXAS COAST.
IT IS THE POSITION OF THE RAILROAD COM-
MISSION THAT THE AVAILABILITY OF THIS ADDITIONAL
BASIC INFORMATION WILL PROVIDE ALL OF US WITH
BETTER TOOLS FOR CARRYING OUT OUR STATUTORY DUTIES,
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191
MR. ROY D. PAYNE
IT IS ALSO THE POSITION OF THE COMMISSION THAT
THE DECISION-MAKING PROCESS FOR BALANCING THE
EQUITIES OF THE MANY SOCIAL AND ECONOMIC INTER-
ESTS INVOLVED IS A FUNCTION WHICH SHOULD BE PRE-
SERVED AT THE STATE AND LOCAL LEVEL.
THANK YOU, GENTLEMEN, FOR THE PRIVILEGE
OF APPEARING HERE.
MR. GALEGAR: THANK YOU VERY MUCH, ROY.
WOULD YOU MIND PAUSING JUST FOR A MOMENT
TO SEE IF THERE ARE SOME QUESTIONS FROM THE MEM-
BERS OF THE STAFF?
MR. YANTIS: I HAVE NO QUESTIONS.
MR. GALEGAR: ROY, THERE is ONE QUESTION i WOULD LIKE TO
ASK AND I THINK YOU TOUCHED ON THIS, BUT I AM
NOT SURE THAT IT CAME THROUGH OR I UNDERSTOOD IT
CORRECTLY:
ON YOUR CONTROL OF OIL PRODUCTION IN THE
SO-CALLED ESTUARINE AREAS OR OFFSHORE FROM THE
LAND AREAS, DID YOU INDICATE THAT YOUR CONTROL
EXISTED ONLY IN THE TIDAL AREA OR DID I MISUNDER-
STAND?
MR. PAYNE: TIDAL AREAS AND THE BAYS AND TIDAL ESTUARIES,
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192
MR. YANTIS: DOES IT EXTEND SEAWARD TO THE EXTENT OF
TEXAS' JURISDICTION?
MR. PAYNE: BEG PARDON?
MR. YANTIS: THE QUESTION is, DOES YOUR JURISDICTION
AND THE INTEREST IN THE PROGRAM EXTEND SEAWARD
TO THE EXTENT OF TEXAS' JURISDICTION? IN OTHER
WORDS, YOU DON'T OPERATE JUST IN THE BAYS? DON'T
YOU ALSO HAVE PROGRAMS GOING OUT EIGHT OR TEN
MILES, WHEREVER THE TEXAS LIMIT IS?
MR. PAYNE: YES. WHEREVER WE CONTROL THE GULF IN OPERA-
TION OF OIL WELLS, WHICH WOULD BE IN TIDAL WATERS,
MR. GALEGAR: ALL RIGHT, i THOUGHT WE MIGHT MISINTER-
PRET YOUR EARLIER REMARKS. I THOUGHT I WAS COR-
RECT AND I THOUGHT I UNDERSTOOD THE WAY YOU HAVE
EXPRESSED IT HERE, BUT IT DOES GO TO THE LIMITS
OF WHAT WERE DEFINED AS TEXAS' STATE BOUNDARIES,
WHICH ARE APPARENTLY SOMEWHAT DIFFERENT THAN SOME
OF THE OTHER STATES?
MR. PAYNE: YES, SIR.
MR. GALEGAR: ALL RIGHT. ARE THERE ANY QUESTIONS FROM
THE AUDIENCE?
MR. PAYNE: THANK YOU VERY MUCH.
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MR. YANTIS: IT'S NOT IN THE RECORD NOR WAS IT IN THE
WRITTEN STATEMENT OF OUR AGENCY. THE SUBMERGED
LANDS OF TEXAS BELONG TO THE STATE OF TEXAS AND
I DO NOT KNOW WHETHER THIS IS TRUE IN OTHER STATES
OR NOT, BUT IT GIVES TEXAS, AS A STATE, AN INTER-
EST IN WHAT HAPPENS TO THOSE SUBMERGED LANDS AND
BELOW THEM--A VITAL INTEREST.
GENERALLY SPEAKING, MOST OF THIS INTEREST
IS EXPRESSED THROUGH THE COMMISSIONER OF THE
GENERAL LAND OFFICE, THOUGH OTHER STATE AGENCIES
ALSO HAVE PROGRAMS.
ONE FURTHER THING. SINCE WE ARE IN A
DIFFERENT PLACE FROM THE HEARING LAST WEEK, I
HAVE SPOKEN WITH ALL MEMBERS OF THE RAILROAD
COMMISSION. THEY ARE QUITE INTERESTED, AS WE
ARE, IN THE PROBLEM OF OIL SPILLS AT SEA. AN
OIL SPILL CAN COME FROM A BROKEN TANKER OR A
BARGE OR A BROKEN PIPELINE OR EVEN A WILD OIL
WELL. EVEN NOW THERE IS A STATE REPRESENTATIVE —
A REPRESENTATIVE OF THE STATE—I DON'T MEAN A
MEMBER OF THE LEGISLATURE—IN ROME, ITALY,
ATTENDING AN INTERNATIONAL CONFERENCE ON THE
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CONTROL OF OIL SPILLS, SO ANYTHING THAT AFFECTS
THE OIL INDUSTRY IN TEXAS IS OF VITAL INTEREST
TO TEXAS, SINCE IT'S ONE OF OUR BIGGEST INDUS-
TRIES.
STATEMENT BEFORE THE TEXAS WATER CONSER-
VATION ASSOCIATION SUBCOMMITTEE BY ROY D. PAYNE,
DIRECTOR OF FIELD OPERATIONS, OIL AND GAS DIVI-
SION, RAILROAD COMMISSION OF TEXAS, JUNE 26,
1968:
IN THE ABSENCE OF ANY DIRECT INFORMATION
BY THE COMMISSION AS TO THE BACKGROUND OF THIS
COMMITTEE'S STUDY AT THIS TIME TO "REVIEW THE
PRESENT DIVISION OF AUTHORITY AND RESPONSIBILITY
BETWEEN THE TEXAS WATER QUALITY BOARD AND THE
OTHER STATE AGENCIES" AND "THE NECESSITY AND
DESIRABILITY OF ESTABLISHING ALL RESPONSIBILITY
FOR WATER QUALITY CONTROL WITHIN ONE AGENCY,"
IT SEEMS THAT OUR MAJOR CONTRIBUTION CAN BE MADE
IN EVALUATION OF THE OVERALL EXPERIENCES OF
RECENT MONTHS AND DRAWING SOME CONCLUSIONS FROM
THEM. TO DO THIS WE HAVE DIRECTED OUR APPRAISAL
NOT SO MUCH TOWARD GRANTS OF AUTHORITY BUT TOWARD
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195
PERFECTION OF THE TASK WHICH THE RECENT LEGIS-
LATURE HAS GIVEN TO US TO DO; NAMELY, THE PRO-
TECTION OF WATERS IN THE STATE.
ACTING ON THE BASIS OF THOROUGH STUDIES
OF TEXAS REGULATORY LEGISLATION AND THE EXPERI-
ENCE OF PREVIOUS YEARS, THE LEGISLATURE DIRECTED
THE TEXAS RAILROAD COMMISSION TO BE "SOLELY
RESPONSIBLE FOR THE CONTROL AND DISPOSITION OF
WASTE AND THE ABATEMENT OF POLLUTION OF WATER,
BOTH SURFACE AND SUBSURFACE, RESULTING FROM ACTIVI-
TIES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT
OR PRODUCTION OF OIL OR GAS.11 BOTH THE LEGISLA-
TURE AND THE COMMISSION "EACH BEING RESPONSIBLE
TO THE ELECTORATE" HAVE UNDERWRITTEN FUNDS, MAN-
POWER, AND ADMINISTRATIVE POLICY FOR CARRYING OUT
THIS MANDATE.
THE COMMISSION RECOGNIZES THE VERY BROAD
AREA OF RESPONSIBILITY GIVEN IT BY THE LEGISLATURE,
WE BELIEVE THIS WAS DELIBERATELY DONE TO PREVENT
DEVELOPMENT OF REGULATORY GAPS OR SO-CALLED
"GRAY AREAS" OF REGULATION WHICH SOMETIMES OCCUR
IN ATTEMPTING TO BE TOO SPECIFIC. STATED IN
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196
TERMS OF WELL KNOWN FUNCTIONS IN THIS HIGHLY
REGULATED INDUSTRY, SUCH BROAD RESPONSIBILITY
COULD ENCOMPASS EVERYTHING FROM THE DRILLING OF
A WELL TO DELIVERY OF OIL FROM THE WELLHEAD ON
THE LEASE TO THE REFINERY.
RECOGNIZING THE NECESSARY LIMITATIONS
OF FUNDS AND MANPOWER, THE COMMISSION HAS GIVEN
PRIORITY TO THE SOURCES OF POLLUTION WHICH APPEAR
TO POSE THE GREATEST AND MOST IMMEDIATE DANGER
TO WATER SUPPLIES IN TEXAS. CONSEQUENTLY, THE
COMMISSION SET OUT TO ABOLISH SALT WATER PITS
FOR THE DISPOSAL OF OIL FIELD BRINES. ON APRIL
3, 1967, SPECIAL ORDER NO. 20-56,841 WAS ADOPTED
AMENDING STATEWIDE RULE 8 OF THE GENERAL CONSER-
VATION RULES OF STATEWIDE APPLICATION PROHIBIT-
ING THE USE OF SALT WATER DISPOSAL PITS IN ALL
AREAS OF THE STATE FOR STORAGE AND EVAPORATION
OF OIL FIELD BRINES. THE EFFECTIVE DATE OF THIS
ORDER IS JANUARY 1, 1969. PRIOR TO THE ISSUANCE
OF THIS ORDER THE COMMISSION, AFTER NOTICE AND
HEARING, HAD ISSUED NO-PIT ORDERS IN 51 COUNTIES
WHERE EVIDENCE INDICATED LEAKING PITS TO BE THE
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197
SOURCE OF POLLUTION OR THAT POLLUTION WAS IMMIN-
ENT FROM THE USE OF SUCH PITS.
ARMED WITH STATE FUNDS APPROPRIATED BY
THE 59TH AND GOTH LEGISLATURES, AND THE STATUTE
ENACTED BY THE 59TH LEGISLATURE AUTHORIZING THE
PLUGGING OF ABANDONED WELLS, THE COMMISSION
PLUGGED A TOTAL OF 173 WELLS SINCE SEPTEMBER 1,
1965, AT A COST TO THE STATE OF $150,709.05.
IN ADDITION, MONIES WERE CONTRIBUTED BY OIL
OPERATORS, LANDOWNERS, AND WATER DISTRICTS IN
THE AMOUNT OF $72,3^1.78 TOWARD THE TOTAL COST
OF PLUGGING THESE WELLS. THESE TWO FIGURES TOTAL
$223,050.83, OR AN AVERAGE COST OF $1,289.31 PER
WELL. CONTRIBUTIONS FROM PRIVATE SOURCES UNDER
SECTION 10 OF ARTICLE 6005 TOWARD THE COST OF
PLUGGING THESE ABANDONED OR LOST IDENTITY WELLS
IS 32.4 PERCENT OF THE TOTAL COST.
THE COMMISSION HAS TIGHTENED UP ON REQUIRE-
MENTS FOR CASING PROGRAMS, CEMENTING AND PLUGGING
PROCEDURES, AND TAKEN OTHER STEPS NECESSARY FOR
THE PROTECTION OF FRESH WATER BEARING STRATA.
THE INSPECTION PROCEDURES HAVE BEEN INCREASED
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198
GREATLY. DURING THE YEAR OF 1967, COMMISSION
PERSONNEL WITNESSED THE PLUGGING OF 88.7 PER-
CENT OF A TOTAL OF 9,503 WELLS PLUGGED. FROM
JANUARY THROUGH MAY, 1968, COMMISSION PERSONNEL
WITNESSED THE PLUGGING OF 93.9 PERCENT OF A TOTAL
OF 4,077 WELLS PLUGGED.
THE EMPHASIS THE COMMISSION HAS PLACED
ON POLLUTION CONTROL IS INDICATED BY A RECENT
STUDY OF MANPOWER USE WHICH SHOWS FROM JANUARY,
1967, THROUGH MAY, 1968, 70.5 PERCENT OF FIELD
PERSONNEL TIME HAS BEEN EXPENDED FOR THIS PUR-
POSE. BY GIVING PRIORITY TO THE MOST PRESSING
POLLUTION THREATS, WE HAVE SOUGHT TO PREVENT
ADMINISTRATIVE INDIGESTION THAT WOULD DEVELOP
FROM TRYING TO DO EVERYTHING, FOR EVERYBODY,
EVERYWHERE AT ONE TIME.
AREAS IN WHICH COMMISSION PERSONNEL ARE
REGULARLY DIRECTED TO PERFORM IN OUR ANTI-
POLLUTION EFFORTS INCLUDE:
CA) DRILLING,
CB) PRODUCTION,
CO SECONDARY RECOVERY OPERATIONS,
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199
(INCLUDING JUDGMENT AS TO USE OF
FRESH WATER IN WATERFLOODS),
CD) WATER INJECTION PROJECTS,
CE) PLUGGING OF DRY AND ABANDONED WELLS,
CF) DISPOSITION OF EFFLUENTS FROM GAS
PROCESSING PLANTS,
(G) SUPERVISION AND RESTORATION OF SER-
VICE AND CLEAN-UP INCIDENT TO PIPE-
LINE BREAKS,
(H) DISPOSITION OF SALT WATER INTO TIDAL
WATERS,
CO LICENSING AND REGULATION OF SALT
WATER HAULERS.
YOU WILL RECOGNIZE IN SUCH A MASSIVE
PROGRAM INVOLVING MORE THAN 200,000 WELLS IN SOME
8,000 FIELDS, OPERATED BY MORE THAN 6,000 SEPAR-
ATE FIRMS, WE MUST BE INVOLVED IN A RATHER FAR-
REACHING EDUCATIONAL PROCESS FOR INDIVIDUALS IN
PUBLIC AGENCIES AND AT ALL LEVELS OF THE PETRO-
LEUM INDUSTRY. IN THE VAST MAJORITY OF CASES
WE HAVE HAD EXCELLENT COOPERATION FROM PEOPLE IN
THE INDUSTRY AT BOTH FIELD AND EXECUTIVE LEVELS.
WE ARE CURRENTLY MAKING A NEW SURVEY WHICH WE
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200
BELIEVE WILL REFLECT THE PROGRESS WHICH HAS
BEEN MADE TOWARD DISPOSITION OF OIL FIELD BRINES
AND WE WILL SEE THAT ALL MEMBERS OF THIS COMMITTEE
ARE PROVIDED COPIES AS SOON AS THEY ARE AVAIL-
ABLE. WE FEEL AT THIS TIME THAT AUTHORITY FOR
THIS PHASE OF THE TEXAS PROGRAM TO PROTECT FRESH
WATERS IS CORRECTLY VESTED IN THE RAILROAD COM-
MISSION WHICH IS ALREADY ENGAGED IN REGULATING
EVERY STEP OF INDUSTRY OPERATIONS. WE HAVE COM-
PETENT AND KNOWLEDGEABLE PEOPLE ALWAYS ON THE
GROUND IN THE AREAS WHERE POLLUTION FROM THIS
SOURCE IS MOST LIKELY TO OCCUR.
WE BELIEVE THOSE WHO HAVE AS THEIR PRI-
MARY GOAL THE PROTECTION OF TEXAS WATERS WILL
FIND THAT THE COMMISSION OFFERS THE MOST FEASIBLE
AND ECONOMICAL MECHANISM TO ACCOMPLISH THIS PUR-
POSE. THOSE WHO ARE BEING REGULATED TO THIS
END ARE PRETTY WELL INDOCTRINATED AS TO THE
GOALS AND PROCEDURES. IN OUR OPINION IT WOULD
BE A TRAGIC MISTAKE TO CHANGE SIGNALS AT THIS
STAGE AND ADD NEW LEGAL AND ADMINISTRATIVE CON-
FUSION TO THE PROBLEM WHICH IS ALREADY LARGE
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201
ENOUGH. IF AN OCCASIONAL INCIDENT OR SHORTCOM-
ING LEADS SOME PEOPLE TO BELIEVE THERE IS A
REGULATORY GAP WE FEEL THAT THIS IS A PROBLEM
THAT CAN BE SOLVED WITH MORE ATTENTION TO COM-
MUNICATION WITHIN THE INDUSTRY, AMONG VARIOUS
STATE AGENCIES AND WITH THE GENERAL PUBLIC. WE
QUESTION THE NEED FOR RE-STRUCTURING THE GOVERN-
MENTAL MACHINERY WHICH WAS SET UP ONLY A FEW
MONTHS AGO. THE ARRANGEMENT OF HAVING THE CHAIR-
MAN OF THE COMMISSION AS A MEMBER OF THE TEXAS
WATER QUALITY BOARD PROVIDES ADEQUATE COORDINA-
TION BETWEEN THE WATER QUALITY BOARD AND THE COM-
MISSION. THE COMMISSION IS CURRENTLY ENGAGED IN
AN EFFORT TO BETTER INFORM THE OPERATING PERSON-
NEL AS TO OUR OVERALL GOALS, PROCEDURES AND
IMMEDIATE OBJECTIVES.
MR. GALEGAR: WE WILL INTERRUPT THIS PUBLIC MEETING AT
THIS TIME AND RECONVENE AT 1:30, BUT BEFORE WE
LEAVE HERE, I WOULD LIKE TO MAKE TWO ANNOUNCE-
MENTS, ONE PERTAINS TO THE MEETING ITSELF. THE
RECORD WHICH WE ARE PRODUCING HERE WILL BE HELD
OPEN FOR 15 DAYS FOR THE SUBMITTAL OF EITHER
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202
ADDITIONAL INFORMATION, THOSE OF YOU WHO WISH
TO PRESENT--OR TO PRESENT WRITTEN STATEMENTS
BY THOSE OF YOU WHO DO NOT WANT TO PARTICIPATE
THIS MORNING BUT DO WANT TO PARTICIPATE IN THESE
PROCEEDINGS—IF YOU WOULD AND YOU WANT TO SUBMIT
THAT STATEMENT, SUBMIT IT TO ME, WILLIAM C.
GALEGAR, AT 1402 ELM STREET, FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION, DALLAS, TEXAS, ZIP
CODE 75202.
THOSE OF YOU WHO DID NOT GET THE ADDRESS,
WE WILL PUT IT OVER HERE. WE IN TURN WILL REPRO-
DUCE ALL THE INFORMATION SUBMITTED AND IT BECOMES
A PART OF THE PACKAGE THE STATE AND THE FEDERAL
GOVERNMENT WILL HAVE AVAILABLE.
MR. YANTIS: I NOTICE THERE ARE SEVERAL PERSONS HERE
WHO ARE JUST REPRESENTATIVES THEMSELVES OF THE
GENERAL PUBLIC AND PEOPLE SOMETIMES FIND IT HARD
TO GET AWAY AND COME TO A HEARING, AND SINCE WE
ARE ADJOURNING FOR LUNCH, I WOULD LIKE TO KNOW
IS THERE ANYONE HERE WHO WANTS TO SPEAK OR ASK
A QUESTION WHO CANNOT BE BACK AFTER LUNCH? IF
IT'S IMPORTANT THAT YOU BE HEARD, I THINK PERHAPS
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203
WE CAN DO IT BEFORE LUNCH, EVEN THOUGH WE DO
PLAN TO ADJOURN, SO IF THERE'S ANYONE HERE WHO
CANNOT COME BACK AFTER LUNCH, PLEASE SAY SO.
MR. GALEGAR: ONE RIGHT HERE.
MR. ATKINSON: ALBERT B. ATKINSON, SAN LEON CHAMBER OF
COMMERCE. WE PUT OUT THIS STATEMENT. I CAN'T
COME BACK. WHERE SHOULD I LEAVE THIS?
MR. GALEGAR: WOULD YOU TURN THAT IN TO OUR REPORTERS,
SIR, IF YOU WOULD LIKE TO MAKE ANY COMMENT AT
THIS TIME, OR ANY QUESTIONS.
MR. ATKINSON: THANK YOU.
THE SAN LEON CHAMBER OF COMMERCE IS
INTERESTED IN THE POLLUTING OF OUR BAY BY PASSING
SHIPS, IT IS INTERESTED IN THE POLLUTING OF THESE
WATERS BY OUR BIG NEIGHBOR, HOUSTON, THROUGH THE
SHIP CHANNEL, IT IS WORRIED ABOUT A NEW CHANNEL
IN MOSES LAKE TO A NEW CHEMICAL PLANT. IF THIS
CHANNEL IS TO BE USED TO POUR REFUSE INTO THIS
ESTUARY, WHICH IS KNOWN FOR ITS GREAT CONTRIBU-
TION TO THE SHRIMP INDUSTRY, IT IS DEEPLY CON-
CERNED ABOUT POLLUTION IN THESE WATERS SURROUND-
ING US, GALVESTON BAY, MOSES LAKE, DICKINSON BAY
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204
MR. ALBERT B. ATKINSON
AND BAYOU, KILLING OFF ALL OF CJR OYSTER BEDS;
IT IS CONCERNED ABOUT POLLUTION POURED INTO THE
BAY BY DISTURBING AND SCATTERING THE MUD AROUND
THE SHELL THAT THEY TAKE FROM THESE WATERS BY
THE SHELL DREDGERS, IT IS CONCERNED ABOUT THE
RECREATIONAL VALUE BEING DIMINISHED TO ZERO BY
THE GREAT POLLUTION PROBLEM.
THE CHAMBER OF COMMERCE OF SAN LEON IS
ALSO CONCERNED ABOUT THE DEGREE OF POLLUTION
KNOWN AT THIS TIME FROM THE PASSING SHIPS, FROM
SEWAGE AND FROM INSECTICIDES AND DETERGENTS.
THE VALUE OF THESE ESTUARIES IS SUPREME,
BECAUSE ONLY THROUGH THEM DO WE GET THE REAL
USE OF THESE WATERS, AND MUCH MARINE LIFE AS
MENTIONED ABOVE. AND, THE BEST USE OF THESE
ESTUARIES CAN BE HAD BY KEEPING THEM CLEAN AND
FILLED WITH WATERS PURE ENOUGH FOR MARINE LIFE
TO LIVE AND MORE IMPORTANT, TO BE HATCHED THEREIN,
THE LOCAL CHAMBER OF COMMERCE FEELS THAT
A STATE SYSTEM OF CONTROL WOULD BE BETTER IN THE
SOLUTION OF THIS POLLUTION.
MR. GALEGAR: VERY WELL, WE'LL INTERRUPT THE MEETING
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205
UNTIL 1:30
(THE HEARING WAS RECESSED AT
11:55 A.M., OCTOBER 8, 1968.
THE HEARING RECONVENED AT
1:30 PwM., OCTOBER 8, 1968,
AT WHICH TIME THE FOLLOWING
OCCURRED:)
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206
AFTERNOON SESSION
MR. GALEGAR: CAN WE TAKE OUR SEATS? WE WILL RECONVENE
THE MEETING.
THERE ARE A COUPLE OF INDIVIDUALS WHO
HAVE JOINED US THAT WE WOULD LIKE TO INTRODUCE
TO YOU AND TO PERFORM THIS INTRODUCTION I WILL
ASK MR. HUGH YANTIS TO DO THE HONORS.
MR. YANTIS: TO BE STRICTLY ACCURATE, ONE OF THE PEOPLE
WHO HAS JOINED US HAS JOINED US IN SPIRIT ONLY;
HE IS NOT REALLY HERE.
I DID SPEAK WITH SENATOR CRISS COLE LAST
NIGHT FROM HOUSTON. HE HAD PLANNED TO BE HERE,
BUT AS AN ATTORNEY, WITH CASES IN COURT, HE
SIMPLY COULD NOT COME. BUT AS CHAIRMAN OF THE
LEGISLATIVE COMMITTEE ON ENVIRONMENTAL POLLUTION
HE IS INTENSELY INTERESTED AND IS FOLLOWING THESE
HEARINGS QUITE CLOSELY.
THE OTHER PERSON I WANTED TO INTRODUCE,
STATE REPRESENTATIVE GLENN PURCELL FROM HOUSTON,
WHO WAS FORMERLY THE MANAGER OF THE TEXAS AIR
AND WATER RESOURCES FOUNDATION, WHICH IS A WATER
POLLUTION CONTROL AND AIR POLLUTION CONTROL
ASSOCIATION IN HOUSTON. AND REPRESENTATIVE
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207
PURCELL WILL, OF COURSE, BE A MEMBER OF THE TEXAS
LEGISLATURE AND I HOPE HIS INTEREST IN THIS LINE
OF WORK WILL CONTINUE.
GLENN, WILL YOU STAND UP?
AND HE IS ALSO A FORMER INDUSTRIAL PLANT
MANAGER.
MR. GALEGAR: THANK YOU, HUGH.
THE FIRST SPEAKER FOR THIS AFTERNOON'S
MEETING IS A REPRESENTATIVE OF THE TEXAS WATER
DEVELOPMENT BOARD, ONE THAT MANY OF YOU KNOW,
MR. JERRY THORNHILL.
JERRY, WILL YOU AT THIS TIME?
MR. THORNHILL: THANK YOU, MR. CHAIRMAN, MEMBERS OF THE
PANEL. I WILL READ A STATEMENT OF THE TEXAS
WATER DEVELOPMENT BOARD TO THE BAY AND ESTUARY
HEARINGS.
THE TEXAS WATER DEVELOPMENT BOARD IS THE
STATE AGENCY CHARGED BY STATUTE WITH THE PREPARA-
TION, DEVELOPMENT, AND FORMULATION OF A COMPRE-
HENSIVE STATE WATER PLAN FOR THE STATE OF TEXAS.
THE STATUTE FURTHER PROVIDES THAT AMONG OTHER
CONSIDERATIONS IN PREPARATION OF ITS PLAN, THE
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208
MR. JERRY THORNHILL
BOARD SHALL GIVE CONSIDERATION TO THE EFFECT OF
UPSTREAM DEVELOPMENT UPON THE BAYS, ESTUARIES, AND
ARMS OF THE GULF OF MEXICO. THE BOARD IS KEENLY
INTERESTED IN EVENTS AND ACTIONS WHICH RELATE
TO THIS IMPORTANT SUBJECT AND THEREFORE SINCERELY
APPRECIATES THE OPPORTUNITY TO COMMENT ON ITS
ACTIVITIES RELATING TO BAYS AND ESTUARIES.
A REPORT ON A PLAN FOR FULL DEVELOPMENT
OF TEXAS' WATER RESOURCES, WHICH HAS BEEN IN
PREPARATION BY THE BOARD AND IS NOW NEARING COM-
PLETION, PROPOSES THE ALLOCATION OF WATER TO
ASSIST IN MAINTAINING INFLOWS NEEDED FOR PRESER-
VATION OF THE BAYS AND ESTUARIES. INSOFAR AS
POSSIBLE, THESE FRESH-WATER INFLOWS MUST BE MAIN-
TAINED AT A LEVEL TO ASSURE OPTIMUM SALINITY GRADI-
ENTS FOR THE PRESERVATION AND PROPOGATION OF
MARINE LIFE AND FOR THE CONTINUED ENHANCEMENT OF
COMMERCIAL AND SPORTS FISHERIES. IT IS RECOGNIZED
THAT INCREASED RETURN FLOWS AND MAJOR MODIFICA-
TION OF THE FLOW OF RIVERS COULD GREATLY AFFECT
THE QUALITY OF WATER IN THE BAY SYSTEMS. THERE-
FORE, QUALITY CRITERIA FOR THE BAYS AND ESTUARIES
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209
MR. JERRY THORNHILL
CANNOT BE PREDICATED UPON MAINTAINING HISTORICAL
VOLUMES OF FLOW. SUCH AN APPROACH WOULD PRECLUDE
UPSTREAM DEVELOPMENT OF SURFACE-WATER RESOURCES.
TO OBTAIN ADDITIONAL INFORMATION ON THE SUBJECT,
THE BOARD AUTHORIZED AND FINANCED STUDIES OF THE
IMPACT OF RETURN FLOWS ON THE TEXAS BAY SYSTEMS
AND POSSIBLE STRUCTURAL, HYDRAULIC, AND OPERAT-
ING MODIFICATIONS OF THE SYSTEMS.
A REPORT TITLED, "RETURN FLOWS, IMPACT
ON TEXAS BAY SYSTEMS," PREPARED FOR THE BOARD
BY BRYANT-CURINGTON, INCORPORATED, INDICATED
THE RESULTS OF A STUDY DESIGNED TO COLLECT AVAIL-
ABLE DATA AND TO DESCRIBE THE GENERAL ECOLOGY
OF THE BAYS, DEVELOP A MODE OF WASTE-WATER, ESTI-
MATION, AND PROJECT RETURN FLOWS TO EACH BAY
SYSTEM. WITHIN THE AVAILABILITY OF THE DATA,
ESTIMATES WERE PREPARED ON BOTH THE PHYSICAL
EXCHANGE AND BIOLOGICAL DEGRADATION WHICH MAY
OCCUR AS THE DILUTED WASTE WATERS ARE TRANSPORTED
INTO THE BAYS. ATTENTION WAS ALSO DIRECTED TO
THE FRESH-WATER INFLOWS NECESSARY FOR EACH OF
THE MAJOR BAYS AND ESTUARIES TO PRESERVE THE
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210
MR. JERRY THORNHILL
EXISTING FISH AND WILDLIFE RESOURCES AND THE
FRESH-WATER INFLOWS NECESSARY TO PREVENT THE
DEVELOPMENT OF NUISANCE CONDITIONS UNDER PRESENT
AND ANTICIPATED CONDITIONS.
A REPORT TITLED, "WATER FOR PRESERVATION
OF BAYS AND ESTUARIES", PREPARED FOR THE BOARD
BY LOCKWOOD, ANDREWS AND NEWNAM, INCORPORATED,
FORECASTED AN AMOUNT OF FRESH WATER NEEDED IN SIX
BAYS AND ESTUARIES TO MAINTAIN THEM FOR RECREA-
TION AND FISH SPAWNING. THE BAYS AND ESTUARIES
STUDIED WERE GALVESTON BAY, MATAGORDA BAY, SAN
ANTONIO BAY, ARANSAS BAY, CORPUS CHRISTI BAY,
BAFFIN BAY, AND UPPER LACUNA MADRE. THE ESTIMATE
OF NECESSARY FRESH-WATER INFLOWS WAS BASED ON
THE CONCEPT OF MAKING MAXIMUM USE OF GULF WATER
TO MINIMIZE THE FRESH-WATER NEEDS. ALSO "FRESH
WATER" COULD INCLUDE RETURN FLOWS PROPERLY
TREATED TO MEET THE PECULIAR REQUIREMENTS OF THE
ESTUARY.
BASIC DATA PROGRAMS TO OBTAIN INFORMA-
TION ON STREAM DISCHARGE, CHEMICAL QUALITY, WATER
TEMPERATURE, AND SEDIMENT LOADS HAVE BEEN CARRIED
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MR. JERRY THORNHILL
ON BY THE WATER DEVELOPMENT BOARD AND PREDECES-
SOR AGENCIES FOR MANY YEARS. IN ADDITION, THE
BOARD HAS MADE RECONNAISSANCE LEVEL STUDIES OF
THE MAGNITUDE OF HISTORIC AND PROJECTED FRESH-
WATER INFLOWS TO THE BAYS AND ESTUARIES. THESE
DETERMINATIONS WILL BE REFINED AS ADDITIONAL
DATA ARE OBTAINED.
DURING FISCAL YEAR 1968, A DATA COLLEC-
TION PROGRAM WAS DESIGNED TO DEFINE THE QUALITY
AND HYDRAULIC CHARACTERISTICS OF THE BAYS, EX-
CLUSIVE OF GALVESTON BAY, WAS FORMULATED AND
INITIATED UNDER A U. S. GEOLOGICAL SURVEY-WATER
DEVELOPMENT BOARD COOPERATIVE PROGRAM. THE BAYS
AND ESTUARIES TO BE STUDIED, IN THE ORDER OF
PRIORITY INCLUDE: MATAGORDA BAY, SAN ANTONIO,
SABINE LAKE, EAST MATAGORDA BAY, CORPUS CHRISTI,
COLORADO ESTUARY, BRAZOS ESTUARY, AND LAGUNA
MADRE-BAFFIN BAY.
DURING THIS FISCAL YEAR DATA WILL CONTINUE
TO BE COLLECTED AND AN EXTENSIVE EVALUATION OF
THE DATA ALREADY COLLECTED WILL BE COMMENCED AS
A PART OF THE BOARD-SURVEY PROGRAM.
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212
MR. JERRY THORNHILL
CONTINUED PLANNING AMD COORDINATION OF
DATA ACQUISITION PROGRAMS BY THE SEVERAL STATE
AGENCIES WILL PROVIDE DETAILED INFORMATION
NEEDED AT THE PROPER TIMES FOR PERIODIC EVALUA-
TION OF WATER QUALITY OF THE BAYS AND ESTUARIES,
AND FOR NECESSARY ADMINISTRATIVE DETERMINATIONS
REGARDING NEEDED FRESH-WATER INFLOWS.
THANK YOU FOR THE OPPORTUNITY TO PRESENT
THIS STATEMENT, MR. CHAIRMAN.
MR. GALEGAR: THANK YOU, MR. THORNHILL.
WOULD YOU WAIT JUST A MOMENT?
DO WE HAVE ANY QUESTIONS? ARE THERE ANY
QUESTIONS FROM THE AUDIENCE?
THANK YOU VERY MUCH.
MR. THORNHILL: THANK YOU.
MR. GALEGAR: THE NEXT SPEAKER is THE MAYOR OF FRIENDS-
WOOD, MR. RALPH W. SOMERS.
MR. SOMERS: THANK YOU, MR. GALEGAR, FOR GIVING ME
THE OPPORTUNITY TO SPEAK WITH YOU HERE.
MY NAME IS RALPH SOMERS, MAYOR OF THE
CITY OF FRIENDSWOOD. I AM SPEAKING FOR THAT
COMMUNITY. JUDGING FROM THE INVITATION RECEIVED
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MAYOR RALPH W. SOMERS
TO PARTICIPATE IN THIS HEARING, IT APPEARS THAT
WE ARE HERE TO CONSIDER THE CURRENT CONDITION
OF ESTUARINE AREAS AS REGARDS POLLUTION AND
PERHAPS WHAT WE ARE TO DO ABOUT THE SITUATION.
IF I MAY, I WILL COMINGLE ESTUARIES WITH BAYS.
I SAY THIS BECAUSE MY KNOWLEDGE AND CURRENT
INTEREST IS CONCERNED WITH THE TWO - ONE RELATED
TO THE OTHER. I SPEAK PARTICULARLY OF GALVESTON
BAY, CLEAR LAKE AND THE HOUSTON SHIP CHANNEL.
YOU HAVE SUGGESTED THAT WE PRESENT OUR
VIEWS ON THE VALUES OF THESE BODIES OF WATER,
THEIR CURRENT CONDITION, AND THEIR FUTURE. IT
APPEARS TO ME THAT THEIR VALUE IS SELF EVIDENT.
FROM THE REPORTS WE GET, THE DEGREE OF DAMAGE TO
THE AREAS DUE TO POLLUTION VARIES. CERTAINLY
SOME DAMAGE HAS OCCURRED. I DO NOT FEEL QUALI-
FIED TO COMMENT ON THE EXTENT OF THIS DAMAGE.
I WOULD, HOWEVER, STATE THAT ACTION IS NEEDED TO
ASSURE THAT THESE BODIES OF WATER BE PRESERVED
FOR USE BY THE GENERAL PUBLIC FOR RECREATIONAL,
INDUSTRIAL AND COMMERCIAL USES. IT IS THE COURSE
OF ACTION WE SHOULD BE CONCERNED ABOUT.
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MAYOR RALPH W. SOMERS
TO PROPERLY MANAGE A PROGRAM DESIGNED
TO PROVIDE CLEAN WATER IN THE SUBJECT BAYS AND
LAKES, WE MUST HAVE SOUND INFORMATION AS TO
WHAT IS REQUIRED. THIS INFORMATION CAN ONLY BE
PROVIDED BY A THOROUGH SCIENTIFIC STUDY. I
BELIEVE VERY STRONGLY, THAT SUCH PROGRAMS AS
THE GALVESTON BAY STUDY ARE THE ONLY POSITIVE
MEANS OF ATTAINING THE DESIRED OBJECTIVE OF CLEAN
WATER IN A REASONABLE LENGTH OF TIME AT A REASON-
ABLE COST TO THE COMMUNITY.
I AM A MEMBER OF THE POLICY ADVISORY
COUNCIL TO THE GALVESTON BAY STUDY REPRESENTING
COUNTY JUDGE RAY HOLBROOK. THIS GROUP IS COM-
PRISED OF A CROSS SECTION OF THE COMMUNITY -
GOVERNMENTAL, INDUSTRIAL, CONSERVATIONIST,
ENGINEERING. THEY ALL SHARE A COMMON GOAL - TO
SEE A SOUND, WELL-DESIGNED PROGRAM THAT WILL
ACCURATELY DEFINE THE PROBLEMS AND WHAT MUST BE
DONE TO CORRECT THEM. ONCE THIS GOAL IS ATTAINED,
THE MECHANICS OF EFFECTING THE PROGRAM WILL BE
RELATIVELY SIMPLE. GOVERNMENTAL BODIES, INDUS-
TRIAL GROUPS AND CONSERVATIONISTS, IN THE MAIN,
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MAYOR RALPH W. SOMERS
ALL SHARE A COMMON GOAL IN THIS RESPECT.
THE FOREGOING GIVES SOME SUBSTANCE TO
WHAT I BELIEVE THIS BOARD SHOULD CONCLUDE FROM
ITS HEARINGS. FIRST, EFFECTIVE PROGRAMS ARE
NEEDED. SECONDLY, THESE PROGRAMS MUST HAVE THE
SUPPORT OF THE FEDERAL, STATE, COUNTY AND CITY
GOVERNMENTAL BODIES AS WELL AS THE INDUSTRIAL
COMMUNITY. SUCH PROGRAMS AS THE GALVESTON BAY
STUDY SHOULD BE ENCOURAGED IN EVERY WAY POSSIBLE,
THESE ARE SURE TO PROVIDE THE MOST POSITIVE AND
COMPLETE ANSWER TO A GENERAL PROBLEM. RESULTS
OF THESE STUDIES WILL BE READILY ACCEPTED BY
ALL CLEAR THINKING SEGMENTS OF OUR COMMUNITY.
THANK YOU VERY MUCH.
MR. GALEGAR: THANK YOU. WILL YOU PAUSE FOR JUST A
MOMENT, PLEASE?
DO WE HAVE ANY QUESTIONS, ANY FROM THE
AUDIENCE?
MR. WHITWORTH: MR. GALEGAR, MR. YANTIS, MEMBERS OF THE
PANEL. MY NAME IS HARRY WHITWORTH, AND I AM
AUSTIN COUNSEL FOR THE TEXAS CHEMICAL COUNCIL,
AN ASSOCIATION OF 53 CHEMICAL COMPANIES WHICH
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216
MR. HARRY P. WHITWORTH
OPERATE MORE THAN 70 CHEMICAL PLANTS WITHIN
THE STATE OF TEXAS. OUR ASSOCIATION REPRESENTS
MORE THAN 90% OF AN INDUSTRY WHICH PROVIDES JOBS
FOR MORE THAN 60,000 EMPLOYEES AND PROVIDES A
PAYROLL OF MORE THAN $400 MILLION PER YEAR.
TEXAS RANKS SECOND THROUGHOUT THE NATION AS A
CHEMICAL MANUFACTURING STATE, AND OUR INDUSTRY
CONTINUES A VIGOROUS RATE OF EXPANSION AND GROWTH.
THE CHEMICAL INDUSTRY HAS PLAYED, AND WILL CON-
TINUE TO PLAY, A MAJOR ROLE IN KEEPING THE TEXAS
ECONOMY HEALTHY THROUGH PAYROLLS, PRODUCTION,
TAXES, TRANSPORTATION, CONSTRUCTION, AND PURCHAS-
ING POWER.
AS TO WHY TEXAS CHEMICAL COUNCIL IS VIT-
ALLY INTERESTED IN TEXAS ESTUARIES, LET ME STATE
THAT ABOUT 90% OF THE CHEMICAL PLANTS WE REPRE-
SENT ARE LOCATED ALONG OR NEAR THE TEXAS GULF
COAST, IN AND AROUND ESTUARY AREAS UNDER CON-
SIDERATION BY THIS COMMITTEE. SUCH CONCENTRATION
OF CHEMICAL PLANTS IN ESTUARY AREAS HAS NOT BEEN
ACCIDENTAL. THESE PLANTS WERE LOCATED THERE TO
BENEFIT FROM (1) FRESH WATER AVAILABLE FROM
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MR. HARRY P. WHITWORTH
TEXAS RIVERS, AND (2) TRANSPORTATION AVAILABLE
THROUGH THE GULF OF MEXICO. THESE WERE NOT
THE ONLY CONSIDERATIONS OF SITE SELECTION, BUT
WERE CERTAINLY TWO OF THE MOST IMPORTANT.
IT IS, OF COURSE, OBVIOUS THAT PRESENT
AND FUTURE USE OF TEXAS ESTUARIES IS OF VITAL
CONCERN TO THE CHEMICAL INDUSTRY. WE BELIEVE
THE VALUE OF AN ESTUARY IS CLOSELY RELATED TO
THE UNDERSTANDING AND FAR-SIGHTEDNESS OF ITS
MANAGEMENT. PROPERLY MANAGED, AN ESTUARY CAN
SERVE MANY BENEFICIAL USES—USES RELATED TO
INDUSTRY, COMMERCE AND TRADE, RECREATION, WATER
DEVELOPMENT AND CONSERVATION, WASTE DISPOSAL,
COMMERCIAL AND PRIVATE FISHING, AS WELL AS
AESTHETIC VALUES INVOLVED. WE BELIEVE EACH
ESTUARY SHOULD BE TREATED SEPARATELY AS TO MAN-
AGEMENT, AND DETERMINING PRIORITY OF USE. SOME
ESTUARIES ARE BETTER SUITED, AS A RESULT OF
GEOGRAPHICAL LOCATION, OR AS A RESULT OF ACCEPTED
OR ANTICIPATED USE, FOR RECREATION; OTHERS FOR
INDUSTRY OR FISHING INTERESTS. IT WOULD SEEM
IMPOSSIBLE TO MAKE A SINGLE DETERMINATION AS TO
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MR. HARRY P. WHITWORTH
THE BEST USE OF ALL ESTUARIES. DETERMINATION
OF USE, AND MANAGEMENT, WOULD BE BEST LEFT TO
REGIONAL AND STATE AUTHORITIES, WITH THE FEDERAL
GOVERNMENT SETTING BROAD GUIDELINES AND PROVIDING
VALUABLE ASSISTANCE IN RESEARCH AND DEVELOPMENT,
AND CONTINUING STUDIES OF ESTUARY USE. WE HAVE
A GREAT DEAL OF CONFIDENCE THAT THE PEOPLE OF
TEXAS, AND SUCH STATE AGENCIES AS THE TEXAS WATER
DEVELOPMENT BOARD, TEXAS WATER RIGHTS COMMISSION,
AND THE TEXAS WATER QUALITY BOARD, CAN AND WILL
MAKE WISE DETERMINATIONS IN THIS MATTER, TAKING
INTO ACCOUNT THE DIVERSE USE AND DIVERSE OPINION.
YOU SUGGESTED SPECIFICALLY THAT WE ADDRESS
OURSELVES TO THE PROBLEM OF POLLUTION IN ESTUARIAL
AREA5. CERTAINLY POLLUTION CONTROL IS OF PRIMARY
IMPORTANCE TO THIS COMMITTEE, AS IT IS TO ALL
CITIZENS OF TEXAS AND THE MANAGEMENT OF TEXAS
CHEMICAL COMPANIES. THE CHEMICAL INDUSTRY
BELIEVES WHOLEHEARTEDLY IN POLLUTION CONTROL,
BOTH FOR AIR AND WATER, AND HAS SPENT MORE THAN
$100 MILLION TO BUILD PERMANENT POLLUTION CONTROL
FACILITIES AT OUR PLANT LOCATIONS. THE CHEMICAL
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219
MR. HARRY P. WHITWORTH
INDUSTRY OF TEXAS BEGAN A PROGRAM OF POLLUTION
CONTROL SEVERAL YEARS BEFORE FEDERAL, STATE, OR
LOCAL LAWS WERE PASSED TO REQUIRE COMPLIANCE.
HOWEVER, DESPITE GIANT STRIDES TOWARD BETTER
CONTROL, WE RECOGNIZE EVEN MUCH MORE MUST BE
ACCOMPLISHED. WORKING TOWARD SUCH A GOAL, TEXAS
CHEMICAL COUNCIL URGED PASSAGE OF REGULATORY
LAWS FOR BOTH AIR AND WATER POLLUTION, AND HAS
COOPERATED WITH REGULATORY AGENCIES IN GETTING
THESE LAWS ENFORCED. WE BELIEVE THE TEXAS WATER
QUALITY BOARD HAS DONE AN OUTSTANDING JOB OF
DEVELOPING STANDARDS, ENCOURAGING COMPLIANCE, AND
ENFORCING COMPLIANCE WHERE NECESSARY. OUR COM-
PANIES HAVE MADE EVERY EFFORT TO MEET THE STAND-
ARDS WHICH HAVE BEEN ESTABLISHED. MEANWHILE, AS
A SUPPLEMENT TO POLLUTION CONTROL, WE ARE CON-
TINUING PROGRAMS FOR WATER CONSERVATION. AS YOU
PERHAPS KNOW, THE CHEMICAL INDUSTRY USES LARGE
QUANTITIES OF WATER (MANY PLANTS IN TEXAS PUMP
AS MUCH WATER EACH DAY AS A CITY OF 200,000
POPULATION). THROUGH IMPROVED TECHNOLOGY AND
CONCERNED MANAGEMENT, TEXAS CHEMICAL PLANTS TO-
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220
MR. HARRY P. WHITWORTH
DAY REUSE ABOUT 90% OF ALL WATER THEY PUMP.
OBVIOUSLY, THIS HAS REDUCED CONSIDERABLY OUR
WASTE DISPOSAL PROBLEMS.
IN CLOSING, LET ME AGAIN CALL YOUR ATTEN-
TION TO THE IMPORTANCE OF THE CHEMICAL INDUSTRY
TO THE STATE OF TEXAS, AND THE IMPORTANCE OF
ESTUARIES TO OUR INDUSTRY. THEREFORE, WE URGE
THIS COMMITTEE, IN ANY RECOMMENDATION IT MIGHT
MAKE, TO RECOGNIZE THE MULTIPLE USES OF TEXAS
ESTUARIES. THEY ARE IMPORTANT TO FISHERMEN,
SWIMMERS, AND RECREATION LOVERS; THEY ARE ALSO
OF OVERWHELMING IMPORTANCE TO VITAL INDUSTRIES
OF TEXAS, SUCH AS OURS, WHICH PROVIDE JOBS EN-
ABLING CITIZENS OF TEXAS TO SEEK OUT AND ENJOY
RECREATIONL I APPRECIATE YOUR INVITATION TO
APPEAR HERE TODAY AND THANK YOU FOR THIS TIME.
MR. GALEGAR: THANK YOU, MR. WHITWORTH. WOULD YOU MIND
WAITING JUST FOR A MOMENT? MR. YANTIS HAS A
QUESTION.
MR. YANTIS: i AMWARE OF SOME RELATIVELY EXTENSIVE
EFFORTS ON THE PART OF MANY INDUSTRIES, AND I
ASSUME THIS REOUIRES A FAIR AMOUNT OF MONEY. CAN
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221
YOU MAKE AN ESTIMATE OF THE AMOUNT OF MONEY
SPENT IN WASTE FACILITIES BY THE INDUSTRY AMONG
YOUR MEMBERSHIP, AND COULD YOU MAKE AN ESTIMATE
OF THE AMOUNT OF MONEY WHICH THEY SPEND EACH
YEAR IN MAINTAINING OR OPERATING FACILITIES LIKE
THAT?...JUST A ROUND-FIGURE GUESS.
MR. WHITWORTH: WE HAVE, AS i STATED IN THIS STATEMENT,
MR. YANTIS, 100 MILLION INVESTED AND WE THINK
THAT IF THIS FIGURE INCLUDED THOSE THINGS WHICH
WERE OF THE FINAL EXPENDITURE OF 1967--WE ARE
IN THE PROCESS OF UPDATING THAT AND THIS DOES
NOT COMPLETE, OF COURSE, THOSE PROJECTS WHICH ARE
ON THE DRAWING BOARDS AND AT VARIOUS STAGES OF
COMPLETION AS THE RESULT OF MORE RIGID STANDARDS.
I HAVE THAT FIGURE OF OPERATING COSTS. THE FIGURE
SLIPS MY MIND. I CAN FURNISH IT TO THE COMMITTEE.
MR. YANTIS: WELL, i WAS LISTENING AND i THOUGHT i
MISSED THAT FIGURE AS YOU WENT THROUGH YOUR STATE-
MENT, BUT YOU DID HAVE THAT FIGURE IN YOUR STATE-
MENT, $100 MILLION?
MR. WHITWORTH: YES, A HUNDRED MILLION.
MR. YANTIS: UH HUH.
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222
MR. WHITWORTH: i COULDN'T RELATE IT TO THE INVESTMENT
BECAUSE—
MR. YANTIS: NO. I DIDN'T MEAN THAT. I MEAN JUST THE
TOTAL EXPENDITURES ON WATER POLLUTION CONTROL
AND ONE OF THE THINGS THAT I AM INTERESTED IN,
PEOPLE WHO OFTEN SAY NOTHING IS BEING DONE--I
AM NOT GENERALLY IN THE HABIT OF LOOKING AT 100
MILLION DOLLARS AS NOTHING, AND I JUST WANT THAT
FIGURE IN THE RECORD, OR WHATEVER FIGURE IS THE
CORRECT FIGURE.
MR. WHITWORTH: I THOUGHT YOU WERE ASKING ALSO FOR THE
ANNUAL OPERATING COST, WHICH WE DO HAVE.
MR. YANTIS: WELL, IN ANY WAY THAT IT WOULD BE MEANING-
FUL.
MR. WHITWORTH: BE HAPPY TO SUBMIT THAT TO THE BOARD.
I WOULD CALL YOUR ATTENTION THAT THIS
100 MILLION DOES RELATE TO 400 MILLION, WHICH
IS OUR ANNUAL PAYROLL HERE IN TEXAS, OR ONE-
FOURTH OF OUR COST TO THE PEOPLE.
MR. YANTIS: NOW, THIS is YOUR MEMBERSHIP?
MR. WHITWORTH: YES, SIR.
MR. YANTIS: DOES THIS REPRESENT 20% OF THE INDUSTRY
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223
ALONE IN THE SHIP CHANNEL?
MR. WHITWORTH: I AM NOT SURE ABOUT THAT. OF THOSE
THAT ARE CLASSIFIED AS CHEMICAL MANUFACTURERS,
WE REPRESENT 90% IN THE STATE.
MR. YANTIS: NO. MY THOUGHT IS THIS: THAT IF WE DID
A LITTLE EXTRAPOLATING, THAT THE CHEMICAL INDUS-
TRY HAS SPENT "X" DOLLARS, AND IF WE ASSUME THAT
IT — LET'S CALL IT PLAIN OIL REFINERIES OR STEEL
REFINERS ARE SPENDING THE SAME LEVEL, WE CAN
MAKE AN ESTIMATE OF THE LEVEL FOR WASTE TREATMENT
THAT HAS BEEN SPENT ALONG THE SHIP CHANNEL.
MR. WHITWORTH: WELL, i CAN GIVE YOU AN ESTIMATE OF THE
NUMBER OF COMPANIES THAT WE REPRESENT. IT'S
53, 25 OF WHICH ARE LOCATED IN HARRIS COUNTY,
WHICH IS ROUGHLY ONE-HALF.
MR. YANTIS: THANK YOU. i THINK THAT'S ALL.
MR. GALEGAR: THANK YOU.
MARVIN.
MR. WOOD: IT'S QUITE COMMON FOR THE MANY INDUSTRIES
TO GATHER WATER QUALITY INFORMATION DATA PERTAIN-
ING TO THE STREAMS AND ESTUARIES THAT THEY ARE
LOCATED ON. AS PART OF OUR STUDY HERE IN CON-
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22k
JUNCTION WITH THE VARIOUS STATE AGENCIES IS AN
ATTEMPT TO COMPILE RECENT WATER QUALITY AND
PHYSIOGRAPHIC INFORMATION ON THESE ESTUARIES.
DO THE COMPANIES THAT YOUR ASSOCIATION
REPRESENTS HAVE ANY OF THIS THAT THEY CARE TO
SUBMIT? WE WOULD BE VERY HAPPY TO SUBMIT IT IN
OUR STUDY.
MR. WHITWORTH: I BEG YOUR PARDON, BUT I MISUNDERSTOOD
THE FIRST PART OF YOUR QUESTION AND DIDN'T UNDER-
STAND WHAT YOU WERE ASKING FOR.
MR. WOOD: I STATED THAT A PART OF OUR STUDY WAS THE
COMPILATION OF RECENT WATER QUALITY DATA AND
PHYSIOGRAPHIC DATA. IN ESSENCE, ANYTHING OF
EVIDENCE OR PERTINENT TO THIS ESTUARINE AREA AND
SINCE MANY COMPANIES AND INDUSTRIES DO GATHER
THIS DATA ON THEIR OWN, IF THE COMPANIES YOUR
ASSOCIATION REPRESENTS HAVE ANY OF THIS WHICH
THEY CARE TO SUBMIT WE WOULD CERTAINLY LIKE TO
INCLUDE IT IN OUR WORK.
MR. WHITWORTH: i AM NOT SURE HOW MUCH, BUT WHATEVER
WE HAVE WE WILL BE, OF COURSE, WILLING TO PROVIDE.
MR. GALEGAR: DO WE HAVE ANY QUESTIONS FROM THE AUDIENCE?
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225
WE HAVE ONE RIGHT BACK HERE, MR. WHIT-
WORTH.
MR. TENNEBONNE: SIR, i WOULD LIKE TO ASK YOU ONE QUES-
TION. ON YOUR STATISTICS THERE, DO YOU HAVE
ANY STATISTICS THAT YOU COULD FURNISH THIS BOARD
ON HOW MANY DOLLARS YOU HAVE COST THE INDIVIDUAL
TO PROTECT THEIR HEALTH?
MR. WHITWORTH: THEIR HEALTH?
MR. TENNEBONNE: YES, THEIR HEALTH. YES, THEIR HEALTH,
FROM POLLUTED AIR AND POLLUTED WATER.
MR. WHITWORTH: NO, SIR. i DON'T HAVE ANY SORT OF
INFORMATION LIKE THAT.
A VOICE: MR. CHAIRMAN, WOULD YOU MIND REPEATING THE
QUESTION? WE CAN'T HEAR SO WELL BACK HERE
SPEAKING FROM THE AUDIENCE.
MR. GALEGAR: ALL RIGHT. THE QUESTION THAT WAS POSED
IS DOES MR. WHITWORTH HAVE ANY DOLLAR COST THAT
HIS COMPANIES IN HIS ASSOCIATION HAVE COST THE
CITIZENS IN ILL HEALTH IN AIR POLLUTION, ET
CETERA.
MR. WHITWORTH, IF YOU MIGHT, JUST A
COUPLE OF POINTS. MR. YANTIS RAISED AN EXCELLENT
AVENUE OF EXPLORATION HERE WHICH I THINK YOUR
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226
COMPANY OR YOUR GROUP MAY HELP US OUT WITH APPRE-
CIABLY. ONE OF THE AREAS, OF COURSE, THAT WE
HOPE TO BE ABLE TO ANSWER IN USE OF THE ESTUARINES
IS THE FUTURE SOCIAL AND ECONOMIC USES.
WOULD IT BE POSSIBLE FOR YOUR COUNCIL--
YOUR GROUP TO PROVIDE THE COMMITTEE WITH INFORMA-
TION RELATING TO FUTURE PROGRESS OR FUTURE TRENDS
IN RELATIONSHIP TO, NUMBER ONE, THE LOCATION OF
INDUSTRIES IN THE ESTUARINE AREAS AND, NUMBER TWO,
THE PROJECTED WATER USE AND, AS A COMPANION OF
THAT WATER USE, SUCH INFORMATION AS IS POSSIBLE
CONCERNING THOSE WASTES THAT MIGHT BE RETURNED.
MR. WHITWORTH: AS I UNDERSTAND IT, NOW, YOU ARE ASKING
FOR ANY INFORMATION THAT WE MIGHT HAVE FOR THE
FUTURE AS TO LOCATION OF CHEMICAL COMPANIES IN
THE ESTUARINE AREAS AS WELL AS THEIR CONTEMPLATED
USE AND POSSIBLE—POSSIBLE LOADING OF THEIR ANTI-
CIPATED WASTE LOADING?
MR. GALEGAR: ...LOADINGS. YES, SIR.
JUST A MOMENT. PARDON ME, SIR.
MR. WHITWORTH: THIS is DIFFICULT INFORMATION. WE
WILL MAKE EVERY EFFORT TO COME UP WITH IT, BUT
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227
OUR PEOPLE FLUCTUATE SOMEWHAT IN THE PROCESS,
AS YOU WELL KNOW.
MR. GALEGAR: YES.
MR. WHITWORTH: ...DEPENDING ON THE ECONOMIC ACCEPTANCE
THAT THE MARKET PLAYS.
MR. GALEGAR: RIGHT.
MR. WHITWORTH: BUT INSOFAR AS WE CAN GUESS WITH YOU
WE WOULD BE HAPPY TO ATTEMPT TO FURNISH THAT
INFORMATION.
MR. GALEGAR: REAL FINE. I THINK PROBABLY YOUR ASSOCIA-
TION, ALONG WITH COMPANIONS, ARE IN THE BEST SPOT
TO MAKE SUCH JUDGMENTS TO US, WHICH WE, IN TURN,
CAN COMPILE IN THIS OVERALL USE SPECTRUM.
MR. WHITWORTH: HOW SOON DO YOU NEED THAT INFORMATION?
MR. GALEGAR: WE WOULD LIKE TO HAVE IT AS SOON AS POSSI-
BLE. SINCE I KNOW THAT ECONOMICS IN THE TREND
DATA IS SOMEWHAT DIFFICULT TO GATHER AND SINCE
YOU DO REPRESENT QUITE A NUMBER OF INDUSTRIES,
WE WILL COMPLETE OUR MEETINGS, WHICH WILL BE ALSO
IN THE STATE OF LOUISIANA, AT THE END OF THIS
MONTH. COULD WE POSSIBLY HAVE THOSE BY THE--
SOMEWHERE BETWEEN THE MIDDLE AND THE 20TH OF
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228
NOVEMBER?
MR. WHITWORTH: WE WILL MAKE EVERY EFFORT.
MR. GALEGAR: WE WOULD CERTAINLY APPRECIATE IT.
NOW, I WANT TO BE SURE THAT— I THINK
MR. YANTIS HAS SOME QUESTION.
MR. YANTIS: IT'S NOT REALLY A QUESTION, BUT CAPTAIN
TENNEBONNE DID RAISE THE QUESTION ABOUT PUBLIC
HEALTH. I THINK HE SHOULD WRITE THE UNITED STATES
PUBLIC HEALTH SERVICE AND I SUPPOSE THEY COULD
GIVE HIM A GREAT DEAL OF INFORMATION ON PUBLIC
HEALTH IN GENERAL.
I WOULD POINT OUT THE DIFFICULTY OF
ANALYZING STATISTICS LIKE THIS. YOU RUN INTO
SUCH THINGS AS 50 YEARS AGO SOMEBODY CAUGHT
PNEUMONIA, THEY DIED; TODAY THEY CATCH PNEUMONIA
AND TAKE $50 WORTH OF ANTIBIOTICS AND THEY ARE
PLAYING FOOTBALL IN TWO WEEKS. SO YOU REALLY
CANNOT ANALYZE THE STATISTICS EASILY. IF YOU
HAVE A LUNG PROBLEM IT'S BECAUSE OF AIR POLLUTION
OR BECAUSE YOU SMOKE. BUT I DO THINK YOU SHOULD
WRITE THE U. S. PUBLIC HEALTH SERVICE AND PER-
HAPS THEY CAN GIVE YOU ADDITIONAL INFORMATION.
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229
MR. GALEGAR: MR. WHITWORTH, i UNDERSTAND ONE OF MY
COLLEAGUES UP HERE--ONE WAS INTERESTED IN ASKING
A QUESTION AS TO WHETHER YOUR CAPITAL INVESTMENTS
—WHAT PERCENT YOUR CAPITAL INVESTMENTS FOR WASTE
TREATMENT WORK WERE REPRESENTED IN YOUR TOTAL
CAPITAL INVESTMENT THAT YOU HAD.
MR. WHITWORTH: i AM SORRY, i SPENT A LOT OF TIME TRY-
ING TO FIND CAPITAL INVESTMENT IN PLANTS AND
I DON'T HAVE ANYTHING VERY ACCURATE ON THAT.
THE ONLY REAL MEASURE THAT I HAVE AS TO THE IMPORT
OF THAT HUNDRED MILLION FIGURE IS IT'S ONE-FOURTH
OF OUR ANNUAL PAYROLL.
MR. GALEGAR: UH HUH.
MR. WHITWORTH: ...WHICH is QUITE SIGNIFICANT.
MR. GALEGAR: is THAT WATER RIGHTS?
MR. WHITWORTH: YES.
MR. GALEGAR: ALL RIGHT. ANY OTHER QUESTIONS? ANY
FROM THE AUDIENCE?
MR. WHITWORTH: i MIGHT ADD THAT A HEAVY PROPORTION OF
IT IS WATER, INASMUCH AS WE ARE A GOOD BIT AHEAD
ON WATER CONTROL REQUIREMENTS IN TEXAS OVER OUR
AIR CONTROL.
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230
MR. GALEGAR: ALL RIGHT. WELL, THANK YOU VERY MUCH
FOR THAT MOST EXCELLENT STATEMENT.
THE NEXT SPEAKER THAT WE WILL ASK IS
MR. CECIL REID, THE SPORTSMEN'S CLUB OF TEXAS,
WHO HAS ASKED TO BE HEARD. MR. REID.
MR. REID: MR. CHAIRMAN, MEMBERS OF THE PANEL, MY NAME
IS CECIL REID, I AM EMPLOYED AS THE EXECUTIVE
SECRETARY OF THE SPORTSMEN'S CLUBS OF TEXAS,
WHICH IS AN ORGANIZATION OF 127 CLUBS AND 93,000
MEMBERS; IN ADDITION TO THE CLUB MEMBERS WE HAVE
4500 SUSTAINED MEMBERSHIPS.
THIS ORGANIZATION IS A CONSERVATION ORGAN-
IZATION. IT CONCERNS ITSELF WITH NATURAL RESOURCE
USE AND MANAGEMENT. IT HAS LONG BEEN CONCERNED
WITH HABITAT DESTRUCTION IN OUR BAYS AND ESTUAR-
IES. A RECENT STATEMENT WAS MADE TO THE EFFECT
THAT AT PRESENT, SEVEN PERCENT OF THE COASTLINE
OF THE UNITED STATES HAS BEEN TAKEN UP THROUGH
INDUSTRIAL AND OTHER DEVELOPMENTS. REGULARLY,
THE U. S. CORPS OF ENGINEERS SENDS OUT NOTICES
OF REQUEST FOR PERMITS TO CONSTRUCT BULKHEADS
IN THE BAYS OF OUR STATE. THESE BULKHEADS ARE
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231
MR. CECIL REID
PLACED OUT IN THE WATER AND FILLED IN ON THE
LAND SIDE WITH DIRT. THE LENGTH OF THE BULKHEAD
DETERMINES JUST HOW MUCH OF THE NURSERY GROUNDS
WERE RUINED FOR SHRIMP AND SMALLER FISHES. A
SHEER WALL CANNOT PROVIDE FOOD AND PROTECTION
AS DOES THE VERY SHALLOW WATERS.
IT WOULD BE IMPOSSIBLE TO GIVE AN EXACT
FIGURE SHOWING THE VALUE OF THE BAYS AND ESTUAR-
IES BUT FROM A SHORT SURVEY OF ONE SMALL SECTION
IN THE YEAR OF 1955, WE ARE CONVINCED THAT THE
RECREATIONAL VALUES HAVE AN ANNUAL WORTH IN
EXCESS OF TWO HUNDRED MILLION DOLLARS TO THE
ECONOMY OF THE COASTAL AREA OF TEXAS. WE SHOULD
CONSIDER THE TOURISTS WHO MUST CROSS THE STATE
TO REACH THE COAST AND WE WOULD FIND OTHER VALUES
NOT NORMALLY INCLUDED IN ESTIMATES.
THE AMOUNT OF DAMAGE DONE BY POLLUTION
WOULD ALSO BE A GUESS. IN SOME INSTANCES IT
HAS BEEN A SLOW PROCESS AND IN OTHERS IT HAS
BEEN RAPID AND OBVIOUS. POLLUTION CAN BE INSIDI-
OUS. IT CAN DESTROY THE MINUTE PLANTS AND ANI-
MALS WITHOUT KILLING FISH DIRECTLY. BUT THROUGH
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232
MR. CECIL REID
THE DESTRUCTION OF THESE SMALLER ORGANISMS NOT
NORMALLY VISIBLE TO THE EYE, THE FOOD CHAIN IS
BROKEN AND THE HABITAT DESTROYED. CONSEQUENTLY,
THE FISHES HAVE VANISHED WITHOUT A DIRECT KILL.
IN ANY STUDY OF MATERIALS SUSPECTED TO
BE TOXIC TO MARINE OR AQUATIC ORGANISMS, PLANK-
TONIC GROUPS SHOULD BE USED AS INDICATORS ALONG
WITH THE VERTEBRATES. THIS IS AN IMPORTANT
METHOD OF TESTING THAT HAS LONG BEEN OVERLOOKED.
WITH BOTH POLLUTION AND SHELL DREDGING
OF BAY WATERS WE CAN LOOK ONLY FOR A REDUCTION
IN FISH, OYSTER AND SHRIMP PRODUCTION.
THIS ORGANIZATION HAS CALLED FOR DREDGING
ONLY THAT SHELL WHICH IS OVERBURDENED WITH SAND,
SILT OR CLAY. THAT SHELL THAT IS NOT COVERED
WITH THESE MATERIALS SHOULD BE LEFT FOR THE
GOOD OF OUR FISHERY. NEW REEFS MADE BY MAN
CANNOT BE EFFECTIVE IN THE PRODUCTION OF OYSTERS.
USUALLY THEY BECOME COVERED WITH SILT.
IT IS NOT NECESSARY TO DREDGE SHELL FOR
CALCIUM CARBONATE OR TO DREDGE SHELL FOR BUILD-
ING MATERIALS. THERE ARE THOUSANDS OF SQUARE
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MR. CECIL REID
MILES OF GOOD LIMESTONE IN CENTRAL TEXAS. WE
SHOULD USE THIS LIMESTONE AND PRESERVE THOSE
FEW REEFS THAT ARE REMAINING.
AS FOR MANAGEMENT OF BAYS AND ESTUARIES,
THE MOST LOGICAL WOULD BE FOR EACH STATE THAT
BORDERS THE OCEAN TO PROVIDE PROPER REGULATIONS
FOR USAGE AND DEVELOPMENT. IN SOME INSTANCES,
BECAUSE OF VARIOUS INFLUENCES, THIS IS IMPOSSI-
BLE. WHEN AND WHERE NECESSARY TO PRESERVE A
NON-REPLENISHABLE RESOURCE, THE FEDERAL AGENCY
COULD MAKE A SURVEY AND POINT OUT PUBLICLY THAT
LETHARGICAL ATTITUDES PREVAIL OR THAT POLITICAL
PROCESSES INHIBIT PROPER PROCEDURES FOR BETTER
MANAGEMENT.
I MIGHT ADD, 20 YEARS AGO OR 22, RIGHT
AFTER WORLD WAR II I HAD AN OPPORTUNITY TO DO
SOME ANTIPOLLUTION WORK FOR A STATE AGENCY. AT
THAT TIME IF WE CALLED A MEETING SUCH AS THIS
WE MIGHT HAVE GOTTEN A DOZEN PEOPLE HERE, AND
MOST OF THEM WERE CONCERNED WITH DEALING WITH
EITHER ONE OR THE OTHER GOVERNMENTAL AGENCIES.
BY THE MERE FACT WE HAVE MORE PEOPLE AT THESE
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MR. CECIL REID
MEETINGS AND THAT WE HAVE MORE IN THE NEWSPAPER
IS PROOF ENOUGH THAT WE ARE GOING TO MAKE PRO-
GRESS. MY ONLY HOPE THAT EACH ONE OF THESE
ACTIVITIES WILL BECOME ACTIVE ENOUGH TO NOT DRAG
THE STUDIES OUT.
IN ALL OF OUR WORK FROM A TECHNICAL
POINT OF VIEW WE HAVE ALWAYS MAINTAINED THAT WE
NEED MORE STUDY, WE CANNOT SAY ANYTHING THAT'S
FACTUAL. I THINK THAT THESE FINDINGS THAT WE
COME ACROSS NOW THAT IS IMPORTANT TO PRODUCE
PROGRESS REPORTS. I THINK THAT IT IS IMPORTANT
FOR US TO POINT OUT JUST WHAT IS HAPPENING TO
OUR WATERS. I THINK THAT WE OUGHT TO CONSIDER
THESE HYDROCARBONS THAT ARE ENTERING THESE WATERS
THAT ARE SPOILING AGRICULTURAL CROPS. RECENTLY
STUDY WAS MADE IN ONE OF THE EASTERN STATES TO
THE EFFECT THAT DDT WAS BEING BUILT UP IN THE
ORGANISMS ON THE BOTTOM OF THE FLOOR AND THAT
THE FISHES WERE EATING THESE ORGANISMS AND OF
COURSE, BEING BUILT UP INTO FISHES, AND THE
FISHES REACH THE BIG FISHES TO WHERE IT WILL
EVENTUALLY EFFECT THE PEOPLE WHO ARE EATING THOSE
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235
MR. CECIL REID
FISHES.
I THINK THERE HAS BEEN ENOUGH REDUCTION
IN OUR PRODUCTION THAT WE WILL LOOK OVER THE
AGRICULTURAL INDUSTRY AND THE METHODS THEY ARE
USING IN THEIR INSECTICIDES AND POISONS.
GENTLEMEN, THAT'S ALL I HAVE. I DO
APPRECIATE HAVING THE OPPORTUNITY TO TALK TO
YOU.
MR. GALEGAR: MR. REID, WOULD YOU STAND THERE FOR JUST
A MOMENT?
ARE THERE ANY QUESTIONS FROM THE PANEL?
ARE THERE ANY FROM THE AUDIENCE?
I WOULD LIKE TO JUST ASK ONE QUESTION.
THERE IS A WIDE AND VERY EXTENSIVE INTEREST IN
THE USE OF THE ESTUARINE ZONES BY INDUSTRY, BY
THE SPORTSMEN, BY THE COMMERCIAL FISHERIES, AND
OF COURSE, IT IS OUR HOPES AND PLANS THAT WE CAN
MAKE OPTIMUM USE OF THESE ESTUARINE ZONES BY
PROPER MANNING AND PROPER MANAGEMENT, AND THERE
HAS BEEN A NUMBER OF COMMENTS OFFERED TO THE
GROUP THIS MORNING WHICH GO IN THIS DIRECTION
AND THAT'S WHAT WE'RE INTERESTED IN.
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236
I WONDER IF YOUR SPORTSMENS GROUP OR
ASSOCIATION HAD ANY THOUGHTS ALONG THAT LINE THAT
THEY WOULD LIKE TO SUBMIT TO THIS GROUP THAT
WOULD RECOGNIZE THAT THERE ARE I/IDE VARIETIES
OF USES, AND YET RECOGNIZE, ALSO, THE SPORTSMEN'S
DESIRE IN THE USE OF THAT ESTUARINE AREA, OTHER
THAN WHAT YOU HAVE PROVIDED HERE. DO YOU THINK
THAT THERE ARE SOME MORE SPECIFIC AREAS THAT
YOUR ASSOCIATION WOULD LIKE TO PROVIDE?
MR. REID: I DON'T BELIEVE I QUITE UNDERSTAND YOUR QUES-
TION, IF YOU BACK UP JUST A LITTLE BIT WHERE YOU
FIRST BROUGHT IN THE VALUES.
MR. GALEGAR: ALL RIGHT. THERE ARE SOME EXTENSIVE..USES
DESIRED FOR THESE ESTUARINE AREAS AND SO IT IS
THE DESIRE OF BOTH THE STATE AND THE FEDERAL
GOVERNMENT THAT WE MAXIMIZE THE USE OF THESE
ESTUARINE RESOURCES. WE ARE TRYING TO LAY OUR
HANDS ON THE SPECIFICS AS TO HOW WE MIGHT THEN
PREPARE MANAGEMENT'S PLAN. YOU'VE GIVEN US SOME
VERY CONSIDERABLE QUALITY IN YOUR PRESENTATIONS
HERE, BUT 1 WONDER IF THERE ARE ANY ADDITIONAL
FACTS THAT YOU WILL WANT TO PRESENT TO US IN
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237
TERMS OF SPECIFIC GEOGRAPHIC AREAS, SAY, THAT
THE SPORTS FISHING GROUP WOULD BE INTERESTED IN
PRESERVING, CERTAIN AREAS THAT MIGHT BE DESIR-
ABLE FOR THAT PURPOSE?
FOR INSTANCE, MR. WHITWORTH'S CHEMICAL
ASSOCIATION, THEY HAVE AN ACTIVE INTEREST IN THE
PORT FACILITIES AND THAT SORT OF THING.
MR. REID: I WOULD BE HAPPY TO PREPARE A SUPPLEMENT TO
THIS STATEMENT TO THE EFFECT THAT THERE ARE SOME
SPECIFIC AREAS. WE ARE OF THE OPINION THAT WE
CANNOT AFFORD TO DESTROY A RESOURCE MERELY FOR
THE PRESENT-DAY ECONOMY OR FOR INDUSTRIAL USE.
THIS IS A RESOURCE THAT BELONGS TO THE PEOPLE: OH
TEXAS AND WE WANT TO PRESERVE IT, WE WANT TO USE
IT, MANAGE IT TO THE BENEFIT OF MOST OF THE PEO-
PLE, NOT JUST THE FEW. GENERALLY THAT IS OUR
ATTITUDE. WE CANNOT SEE SACRIFICING ONE RESOURCE
IMMEDIATELY FOR ECONOMIC GAIN OF A SMALL GROUP.
1 MENTION THIS SHELL DREDGING CALCIUM
CARBONATE, WE KNOW THAT WE DO HAVE BIG RESERVES
OF CALCIUM CARBONATE, OF CALICHE, OF LIMESTONE,
IN CENTRAL TEXAS, THERE IS ONLY A FEW CENTS
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238
DIFFERENCE IN MOVING FROM THE COAST, AND I
THINK THAT GAP WILL SOON BE CLOSED, AND WE WON'T
HAVE THE PROBLEM. BUT ONCE YOU REMOVE A LIVE
REEF, THEN YOU HAVE DESTROYED THAT REEF COMPLETELY
AND IT WILL NEVER COME BACK AGAIN, NOT IN ANY-
BODY'S LIFETIME, OR MANY, MANY LIFETIMES, IT
WILL NEVER BE BACK, AND THAT RESOURCE IS GONE.
IT'S NOT JUST THE OYSTERS THAT ARE THERE,
BUT IT EFFECTS THE WHOLE HABITAT OF THE BAY FLOOR;
IT AFFECTS THE FISHES AND THE FISHING ITSELF.
SO IT'S NOT ALTOGETHER JUST FOR THE OYSTERS, BUT
THE FISHES THAT COME INTO A LIVE REEF WILL COME
IN MUCH MORE REGULARLY THAN THEY WILL OVER MUD,
OR MUCH MORE READILY THAN THEY WILL OVER DEAD
SHELL. SO THIS IS ONE OF OUR APPROACHES TO IT,
THE CONSERVATION OF THE RESOURCE.
MR. GALEGAR: REAL FINE. WELL, I JUST WANTED TO ASSURE
YOU WE WOULD WELCOME ANY ADDITIONAL THOUGHTS THAT
YOU WISHED TO SUBMIT INTO THE RECORD.
MR. REID: THANK YOU.
MR. GALEGAR: THANK YOU.
MR. KECK: MR. GALEGAR, MR. YANTIS, MEMBERS OF THE PANEL,
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230
MR. DAVID R. KECK
AND LADIES AND GENTLEMEN. I Ait DAVID R. KECK.
I REPRESENT THE MANUFACTURERS COMMITTEE OF THE
HOUSTON CHAMBER OF COMMERCE IN PRESENTING THE
FOLLOWING STATEMENT:
THE MANUFACTURERS COMMITTEE OF THE
HOUSTON CHAMBER OF COMMERCE INCLUDES REPRESENTA-
TIVES OF MANY MANUFACTURING AND PROCESSING CON-
CERNS, LARGE AND SMALL, WHICH OPERATE INDUSTRIAL
PLANTS ON AND NEAR THE HOUSTON SHIP CHANNEL
(BUFFALO BAYOU), A TRIBUTARY OF GALVESTON BAY
WHICH WE ASSUME TO BE A '-NATIONAL ESTUARINE
AREA'1 WITHIN THE PURPOSE OF THIS STUDY. THIS
STATEMENT IS SUBMITTED BY SUCH COMMITTEE, AND
NOT IN LIEU OF OR AS A STATEMENT BY ANY PARTICU-
LAR MEMBER-CONCERN. OUR REMARKS RELATE PRIMARILY
TO THE ESTUARINE AREA OF GALVESTON BAY AND ARE
NECESSARILY QUITE GENERAL IN NATURE.
POINT ONE: PRIMARY RESPONSIBILITY FOR
POLLUTION CONTROL OF WATERS OF GALVESTON BAY
AND ITS ENVIRONS SHOULD REST WITH AND BE EXER-
CISED BY THE STATE OF TEXAS, WITH THE COOPERATION
AND FINANCIAL SUPPORT OF THE FEDERAL GOVERNMENT.
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240
MR. DAVID R. KECK
THE PERTINENT FEDERAL AND STATE STATUTES
DIRECT COOPERATION AMONG GOVERNMENTAL AGENCIES
TO THE END THAT THE HIGHEST PRACTICABLE WATER
QUALITY MAY BE MAINTAINED AT THE EARLIEST DATE.
WE SUBMIT THAT RECOGNITION OF PRIMARY AUTHORITY
IN THE STATE WOULD BEST EFFECTUATE THIS OBJEC-
TIVE.
LOCAL GOVERNMENTS SHOULD PARTICIPATE
ONLY UNDER THE DIRECTION OF THE STATE.
POINT TWO: ESTUARIES, SUCH AS GALVESTON
BAY, SHOULD BE MAINTAINED AT THE HIGHEST PRACTIC-
ABLE WATER QUALITY, TAKING INTO ACCOUNT ALL USES
MD FACTORS INCLUDING RECREATION, NAVIGATION,
WILDLIFE, NATURAL RESOURCES, AND RESIDENTIAL
AND INDUSTRIAL GROWTH.
THE FEDERAL AND STATE STATUTES EXPRESSLY
RECOGNIZE THIS AS THE VALID, GENERAL OBJECTIVE
OF ,-/ATcR POLLUTION CONTROL.
THE GALVESTON BAY AREA IS PRIMARILY AN
INDUSTRIAL ONE, AND ITS BURGEONING POPULATION
AND PLANT-EXPANSION CREATE WASTE-DISPOSAL PROB-
LEMS FOR ALL WHO LIVE AND WORK IN IT. THE
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MR. DAVID R. KECK
HOUSTON SHIP CHANNEL HAS LONG BEEN ESSENTIALLY
AN ARTERY OF COMMERCE AND INDUSTRY, WITH ALL OF
THE ADVANTAGES AND DISADVANTAGES INHERENT THERE-
IN.
TO ANSWER YOUR SPECIFIC QUESTIONS; WHAT
ARE THE VALUES OF THESE ESTUARIES, HOW MUCH DAM-
AGE HAS BEEN CAUSED BY POLLUTION, AND, HOW CAN
WE MAKE THE BEST USE OF THEM, REQUIRES AN EXTEN-
SIVE AND DETAILED STUDY. SUCH ANSWERS WILL RE-
SULT FROM THE GALVESTON BAY STUDY CURRENTLY BEING
CONDUCTED UNDER THE AUSPICES OF THE TEXAS WATER
QUALITY BOARD. WE STRONGLY SUPPORT THIS STUDY
SINCE WE FEEL ORDERLY IMPROVEMENT CAN BEST BE
BROUGHT ABOUT THROUGH A SCIENTIFIC APPROACH IN
DETERMINING THE FACTS.
POINT THREE: CONSIDERATION SHOULD BE
GIVEN TO ADVISABILITY OF ESTABLISHING APPROPRIATE
':AREA AUTHORITIES", AS GOVERNMENTAL AGENCIES
OF THE STATE, TO REGULATE WATER QUALITY CONTROL.
PARTICULARLY IN A STATE AS LARGE AS
TEXAS, WITH WIDELY-VARYING NATURAL AND MAN-MADE
ENVIRONMENTS, MAXIMUM EFFICIENCY IN REACHING
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242
MR. DAVID R. KECK
AND MAINTAINING OPTIMUM WATER QUALITY STANDARDS
MAY BE HAD IN ESTABLISHING A SPECIAL GOVERNMEN-
TAL AGENCY OF THE STATE TO REGULATE AN APPRO-
PRIATELY-RELATED AREA. THE GALVESTON BAY AREA
MAY BE ESPECIALLY ADAPTABLE TO SUCH A PROCEDURE.
WE DO NOT FAVOR CREATION OF NEW SUB-
GOVERNMENTS, AS A GENERAL PROPOSITION, WITH THE
NEW LAYERS OF LOCAL TAXATION AND REGULATION THAT
GOES WITH THEM. BUT THIS MAY BE A SITUATION IN
WHICH A ''GALVESTON BAY AREA AUTHORITY51 SHOULD
BE SERIOUSLY CONSIDERED. PROBABLY SUCH AN AUTHOR-
ITY SHOULD BE A WASTE-DISPOSAL AS WELL AS A REGU-
LATORY ENTITY, WITH A GOAL OF ULTIMATELY ATTAIN-
ING SUBSTANTIAL SELF-SUPPORT FROM CHARGES FOR
THE FORMER SERVICE.
SENATE BILL NO. 596 IN THE 60TH LEGISLA-
TURE OF TEXAS BY SENATOR CRISS COLE WAS A START
ALONG THESE LINES.
IN THE INTEREST OF UNIFORMITY AND STA-
BILITY IN REGULATION, AND PARTICULARLY AT THE
OUTSET, IT IS OUR FIRM BELIEF THAT SUCH AN
AUTHORITY MUST BE SUBORDINATE TO THE STATE BOARD,
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243
MR. DAVID R. KECK
ESPECIALLY IN ESTABLISHING AND ENFORCING STAND-
ARDS.
I THANK YOU.
MR. GALEGAR: THANK YOU, MR. KECK.
ARE THERE ANY QUESTIONS FROM THE PANEL?
ARE THERE ANY QUESTIONS? YES, A QUES-
TION FROM THE AUDIENCE.
MR. WALTER: MY NAME IS JACK WALTER.
MR. GALEGAR: WOULD YOU USE THE MIKE THERE ON THE FLOOR?
MR. WALTER: MY NAME is JACK WALTER AND i AM REPRESENT-
ING THE BAYSHORE ROD, REEL AND GUN CLUB. I
WOULD LIKE TO ADDRESS A QUESTION TO MR. KECK.
IN THE EARLY PART OF HIS STATEMENT HE STATED THAT
GALVESTON BAY WAS LARGELY AN INDUSTRIAL BODY OF
WATER. CERTAINLY WE KNOW OF THE MULTIPLE USE—
THAT WOULD BE ONE DEFINITION--BUT YOU HAVE
NEGLECTED THE FACT THAT GALVESTON BAY IS ONE OF
THE MOST PROLIFIC PRODUCERS OF SEAFOODS IN ANY
ESTUARY ALONG THE TEXAS COAST AND CERTAINLY THIS
USE OF GALVESTON BAY FOR PRODUCTION OF SEAFOOD
CERTAINLY SHOULD NOT BE OVERLOOKED AND THE STATE-
MENT SHOULD SHOW--THAT MR. KECK MADE--SHOULD SO
-------
REFLECT THIS AREA IS IMPORTANT IN THE PRODUCTION
OF SEAFOOD AS WELL AS A RECREATIONAL AREA AND
IS NOT--AND I EMPHASIZE — IS NOT PRIMARILY AN
INDUSTRIAL BODY OF WATER.
MR. GALEGAR: MR. KECK, DO YOU--
MR. KECK: I--EXCUSE ME. THE MANUFACTURER'S COMMITTEE
CERTAINLY AGREES WITH YOU AND WE HAVE IN THE
PAST SUPPORTED VERY STRONGLY THE MAINTAINANCE
OF GALVESTON BAY AS A RECREATIONAL AND SPORT AREA
AND WE HAVE FURTHER MENTIONED ON NUMEROUS OCCA-
SIONS OUR BELIEF THAT THE HOUSTON SHIP CHANNEL
IS PRIMARILY AN INDUSTRIAL AREA AND SHOULD BE
DEDICATED TO INDUSTRY AND COMMERCE.
MR. GALEGAR: THANK YOU, MR. KECK.
ANY MORE? OH, PARDON ME. IS THERE ANY
MORE FROM THE AUDIENCE?
I HAVE A COUPLE OF QUESTIONS HERE I WOULD
LIKE TO ASK. I KNOW THAT THE GALVESTON SAY STUDY
IS IN NEED OF ALL THE SUPPORT THAT WE CAN PROVIDE
TO IT FROM ALL DIFFERENT WAYS. WOULD IT 3E POSSI-
BLE FOR YOU TO COMMENT OR PROVIDE FOR THE RECORD
THE TYPE OF SUPPORT THAT YOUR COMMITTEE IS GIV-
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245
ING TO THIS GALVESTON BAY STUDY EFFORT?
MR. KECK: IN THE PAST?
MR. GALEGAR: ...IN THE PAST AND WHAT YOU SEE YOUR
FUTURE SUPPORT MIGHT BE.
MR. KECK: IN THE PAST OUR—THE MANUFACTURER'S COMMITTEE
OF THE HOUSTON CHAMBER OF COMMERCE HAS ENDORSED
THIS STUDY AND I THINK, GOING BACK TO 1964, IT
WAS FIRST MENTIONED AND THEN AGAIN IN 1965, WE
MADE A VERY CONCERTED EFFORT TO GET THE STUDY
UNDER WAY—AS A MATTER OF FACT, WE PROVIDED TO
THE TEXAS WATER POLLUTION CONTROL BOARD AT THAT
TIME AN OUTLINE FOR A STUDY, WHICH IS QUITE SIliI-
LAR TO THE STUDY THAT IS BEING CARRIED OUT NOW.
WE HAD A VERY SIMILAR PROGRAM ALL OUTLINED.
THE FIRST PORTION WHICH WAS SUGGESTED BY
OUR STUDY CONCERNED ONLY THE HOUSTON SHIP CHANNEL
BECAUSE THIS IS WHERE THE POLLUTION SEEMS TO BE
CONCENTRATED, AND THIS PARTICULAR PART OF THE
STUDY WAS ESTIMATED TO COST ABOUT $600,000.
IT WAS FELT BY THOSE WHO WERE LOOKING AT
THE BROADER PICTURE THAT THE STUDY THAT ENCOM-
PASSES THE ENTIRE GALVESTON BAY, WHICH WE EST Ii'iATED
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246
WOULD COST 2.2 MILLION, I BELIEVE, WOULD BE—
WOULD BETTER SERVE THE NEEDS OF THE ENTIRE AREA
AND THE STATE OF TEXAS AND THE NATION, AND
TOWARD THE STUDY THAT WAS FINALLY STARTED A NUM-
BER OF INDUSTRIES CONTRIBUTED TO THE TEXAS AIR
AND WATER CONSERVATION GROUP, WHICH PROVIDED A
SMALL AMOUNT OF FUNDS—MUCH SMALLER THAN MY
FRIEND, MR. YANTIS, HAD HOPED FOR, IN THE AMOUNT
OF $50,000, I BELIEVE. I AM NOT AWARE OF THE
EXACT AMOUNT, BUT IT'S IN THAT ORDER OF MAGNI-
TUDE.
BUT THIS IS WHAT OUR COMMITTEE HAS DONE
IN THE PAST FOR THESE STUDIES.
MR. GALEGAR: YOU HAVE SECOND-GUESSED WHAT MR. YANTIS'
QUESTION MIGHT BE AND THAT IS HOW MUCH, IN TERMS
OF THIS.
WELL, IT APPEARS TO ME THAT YOUR COMMIT-
TEE DOES HAVE AN AWFUL LOT TO OFFER THIS STUDY
AND ITS ULTIMATE RESULTS ON THE ESTUARIAN WATERS
IN THE BAY AREA.
I WOULD SUPPOSE-- IS THERE ANY DOUBT
IN YOUR MIND THAT YOUR COMMITTEE IS NOT GOING
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247
TO-- WELL, LET ME PUT IT IN THE POSITIVE WAY.
IS THERE ANY-- PARDON ME. LET ME
START IT AGAIN.
YOUR COMMITTEE, I ASSUME, WILL AGGRES-
SIVELY SUPPORT THE GALVESTON BAY STUDY AS IT
PROGRESSES THROUGH TO A HOPED-FOR SUCCESSFUL CON-
CLUSION. IS THERE ANY DOUBT IN YOUR MIND THAT
YOUR COMMITTEE WILL NOT AGGRESSIVELY SUPPORT
THE CONTROL OF POLLUTION IN THE SHIP CHANNEL IN
THIS AREA?
MR. KECK: NO. THERE IS NO DOUBT IN MY MIND. AS A MAT-
TER OF FACT, THERE IS A QUESTIONNAIRE OUT FROM
MR. YANTIS NOW ON SELF-REPORTING.
MR. GALEGAR: UH HUH.
MR. KECK: ...THE VOLUMES AND ANALYSES OF EFFLUENT
STREAMS FROM THE MEMBER PLANTS. WE HAVE SUB-
MITTED AN ENDORSEMENT TO THIS SELF-REPORTING, BUT
1 PERSONALLY FEEL--MOT THE MANUFACTURERS — BUT I
PERSONALLY FEEL THAT THE INDIVIDUAL REPORTING
WILL GO A LONG WAYS TO EFFECTING CONTROL IN THE
HOUSTON SHIP CHANNEL IF IT'S CARRIED ON, AND I
AM SURE IT WILL BE CARRIED ON.
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243
MR. GALEGAR: ALL RIGHT. LET ME ASK YOU—YOU HAVE
RAISED ANOTHER QUESTION IN MY MIND.
MR. KECK: BETTER BE QUICK.
MR. GALEGAR: IN TERMS OF THE LAND USE OF THE HOUSTON
SHIP CHANNEL, AT THE PRESENT TIME I UNDERSTAND
THERE IS NO ZONING OR RESTRICTION OF THIS TYPE,
AND THIS IS DEPENDENT ON THE CITY, I AM SURE.
BUT HOW DO YOU FORESEE THE CONTROL THAT SHOULD
BE EXERCISED IN THE RELEASE OF WASTES INTO THE
HOUSTON SHIP CHANNEL OR ITS ENVIRONS, CONSIDERING
THE BAY AREA AS PART OF THAT ENVIRONS?
MR. KECK: WOULD YOU READ THAT QUESTION BACK?
MR. GALEGAR: i WAS JUST ASKING--
MR. KECK: THAT IS A VERY BROAD QUESTION.
MR. GALEGAR: ...A VERY BROAD QUESTION, AND i WAS JUST
WONDERING IF YOUR COMMITTEE HAS ADDRESSED ITSELF
TO THE PROBLEM OF DISPOSAL OF WASTE INTO THE
HOUSTON SHIP CHANNEL OR THE CALVESTON LAY AREA.
MR. KECK: WELL, THIS IS MY PERSONAL OPINION AND IN
MANY OF THE MEETINGS THAT WE HAVE HELD OVER THE
YEARS WE HAVE COMMITTED OURSELVES TO NOT INCREAS-
ING THE AMOUNT OF POLLUTANCE GOING INTO THE
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249
CHANNEL AS OUR OWN PLANTS GROW AND AS NEW INDUS-
TRIES COME IN, BECAUSE WE ARE GROWING AT A VERY
RAPID RATE AND EACH PLANT IS INSTALLING FACILITIES
TO REDUCE THE POLLUTION OF — CONTRIBUTION OF THE
PRESENT FACILITIES. THERE ARE NEW PLANTS COMING
ON; THE CITY IS GROWING; THE CITY IS HAVING A
TOUGH TIME KEEPING UP WITH THEIR TROUBLES, WITH
THEIR GROWTH, AND I THINK THAT THE GENERAL POSI-
TION THAT WE HAVE ALWAYS HAD WAS TO NOT LET THE
LOAD GET ANY GREATER THAN IT WAS; AND I THINK
THAT SOME OF THESE PEOPLE THAT I HAVE HAD CONVER-
SATIONS WITH FEEL THAT WE WILL ACTUALLY BE ALLE
TO IMPROVE THE OVERALL SITUATION FROM INDIVIDUAL
PLANTS.
BUT WE CANNOT PERSONALLY BE RESPONSIBLE
FOR NEW PLANTS THAT COME IN AND APPLY FOR A PERMIT
AND HAVE THAT GRANTED AND THEREBY INCREASE THE
LOAD, BECAUSE THAT'S OUT OF OUR CONTROL.
MR. GALEGAR: UH HUH. ALL RIGHT. THANK YOU.
ONE LAST QUEST I Oh'. HAS YOUR COMMITTEE
TAKEN A STAND--AND I DON'T QUITE UNDERSTAND YOUR
TESTIMONY ON THIS QUESTION — BUT I KEPT HEARING
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250
THE WORD "BAY," IN THERE — THAT A GALVESTON BAY
AUTHORITY MAY BE THE ANSWER.
HAS YOUR COMMITTEE THOUGHT OF THE WAY
THAT THIS CAN BE MANAGED?
MR. KECK: OUR COMMITTEE HAS MET WITH SENATOR CRISS COLE
TO DISCUSS THE BILL THAT HE HAS SUBMITTED--!
BELIEVE LAST FALL—THAT HE SUBMITTED, AND I
HAVEN'T HEARD ANYTHING SINCE — SINCE THE MEETING
OF THE LEGISLATURE LAST SUMMER ON IT, BUT WE SUB-
MITTED A NUMBER OF COMMENTS AND I BELIEVE THE WAY
THAT IT WAS LEFT IS THAT WE WOULD WITHHOLD OUR
FINAL COMMENTS UNTIL THE MEETING--ALMOST FINAL
DRAFT OF THE BILL, BECAUSE HE HELD A HEARING--
WELL, NOT A HEARING, BUT HE MET WITH PEOPLE--
VARIOUS GROUPS ALL OVER THE AREA--FREEPORT, TEXAS
CITY AND HOUSTON, AND PROBABLY SEVERAL GROUPS IN
HOUSTON, TO GET THEIR COMMENTS ON HIS BILL.
MR. GALEGAR: I SEE. WELL--
MR. KECK: WE MET WITH HIM. I--I FEEL--WELL, I DON'T
KNOW WHAT THE POSITION WILL BE BECAUSE THAT IS
SPEAKING FOR TOO MANY PEOPLE.
MR. GALEGAR: UH HUH. ALL RIGHT. WELL, WOULD IT BE
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251
CORRECT TO SAY THAT THE MANUFACTURER'S COMMITTEE
HAS NOT--
MR. KECK: WE HAVE NOT OPPOSED IT.
MR. GALEGAR: ...OPPOSED IT OR HAS NOT ENDORSED IT AS
OF THE PRESENT TIME? IS THAT CORRECT?
MR. KECK: RIGHT. BUT WE HAVE CONSIDERED IT.
MR. GALEGAR: YOU HAVE CONSIDERED THE BILL?
MR. KECK: YES.
MR. GALEGAR: ALL RIGHT. ANY OTHER QUESTIONS?
MR. KECK: AM I WRONG, HUGH? IS THERE SOME INFORMATION
I HAVE LEFT OUT?
MR. YANTIS: I THINK YOU ARE APPROXIMATELY CORRECT. I
WAS THINKING THERE WAS A FELLOW WALKING DOWN THE
STREET WHO MET A PANHANDLER AND THE PANHANDLER
SAYS "BUDDY, GIVE ME A DOLLAR FOR A CUP OF COFFEE
THE FELLOW SAYS "COFFEE DOESN'T COST A
DOLLAR; A DIME IS ENOUGH.51
HE SAYS "LOOK, BUDDY, IF YOU DON'T WANT
TO GIVE ME A DOLLAR DON'T DO IT, tsUT DON'T TRY
TO TELL ME HOW TO RUN MY BUSINESS."
I SOMETIMES THINK OF INDUSTRY'S RESPONSE
TO SUPPORTING WITH CASH THE GALVESTON BAY STUDY
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252
WE HAD HOPED TO GET ABOUT A HALF A MILLION DOLLARS
AND WE GOT ABOUT 10% OF THAT. I HAVE LEARNED
SINCE THAT INDUSTRY--NOT CHANNEL INDUSTRY, BUT
RELATED, HAS GIVEN ALMOST THIS MUCH MONEY TO A
UNIVERSITY FOR RESEARCH OF THE SAME GENERAL KIND,
AND SOMEWHERE IN THERE THERE IS A MORAL. THE
GALVESTON BAY STUDY WAS AN OUTGROWTH OF TWO DIF-
FERENT HAPPENINGS AT THE SAME TIME.
IN 1950 THE STATE HEALTH DEPARTMENT MADE
A STUDY OF GALVESTON BAY AMD PUBLISHED A REPORT.
TEN YEARS LATER THE BAYSHORE ROD, REEL AND GUN
CLUB, THE SAME PEOPLE THAT JACK WALKER REPRESENTS,
CAME TO US AND ASKED FOR A STUDY TO COMPARE IT
WITH THE ONE OF APPROXIMATELY 10 YEARS EARLIER
TO SEE WHETHER WE WERE GAINING GROUND OR LOSING
GROUND, AND WE STARTED PUTTING TOGETHER SUCH A
STUDY.
AT ABOUT THE SAME TIME THE BOARD GOT
INTO A POSITION TO UNDERTAKE SOME MEANINGFUL
REGULATION OF WASTE DISCHARGES AND WE BEGAN ALONG
THE HOUSTON SHIP CHANNEL AND AFTER MANY CONFER-
ENCES, MANY HEARINGS AND A GREAT DEAL OF STAFF
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253
WORK WE ADOPTED ORDER 65-9 IN DECEMBER 1965.
INDUSTRY IN ACCEPTING THE ORDER—AND THEY DID--
IT WAS JOINTLY DEVELOPED--SAID ''ALTHOUGH WE
ACCEPT THIS ORDER YOU SIMPLY DO NOT KNOW ENOUGH
ABOUT THE HOUSTON SHIP CHANNEL AND GALVESTON BAY
TO REGULATE US INTELLIGENTLY. YOU WILL MAKE MIS-
TAKES AND THEY WILL BE EXPENSIVE MISTAKES AND
INDUSTRY WILL PAY THE COST."
SO INDUSTRY ASKED FOR ANOTHER STUDY OF
GALVESTON BAY AND THE HOUSTON SHIP CHANNEL, SO
WE MERGED THE TWO. THE PURPOSE WAS TO GIVE US A
SOLID INFORMATIONAL BASIS SO THAT WHEN WE TOLD
AN INDUSTRY TO SPEND THREE MILLION DOLLARS WE
WERE NOT GUESSING, AND INDUSTRY IMPLIED THAT WE
WOULD PAY THEIR SHARE OF THE COST OF THIS STUDY,
WHICH WAS ESTIMATED AT ANYWHERE FROM TWO MILLION
TO FOUR MILLION DOLLARS TOTAL.
I STILL DON'T THINK THAT INDUSTRY HAS
MET ITS RESPONSIBILITIES IN SUPPORTING THIS STUDY
WITH MEANINGFUL CASH CONTRIBUTIONS. SO ''MISTER,
IF YOU HAVEN'T GOT A DOLLAR, DON'T TELL ME HOW
TO RUN MY BUSINESS.1'
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254
(APPLAUSE).
MR. GALEGAR: THANK YOU, MR. YANTIS, CO-CHAIRMAN.
THE NEXT SPEAKER IS DR. C. H. CONNELL
FROM THE UNIVERSITY OF TEXAS MEDICAL BRANCH IN
GALVESTON. DR. CONNELL.
DR. CONNELL: MR. GALEGAR, MR. YANTIS, PANEL MEMBERS,
THANK YOU FOR THE INVITATION TO PRESENT A STATE-
MENT TODAY.
MR. GALEGAR, BEFORE I READ THE PREPARED
STATEMENT, MAY I ATTEMPT A VERBAL COMMENT AT THE
REQUEST OF MAYOR LOWRY?
MR. GALEGAR: GO AHEAD.
DR. CONNELL: YOU REMEMBER THIS MORNING MAYOR LOWRY GOT
QUITE EMBARRASSED BECAUSE HE COULDN'T REMEMBER
WHAT THAT STUFF WE WERE TRYING TO MOVE FROM THIS
PLANT NUMBER 2 WAS, AND I MET HIM OUT THERE JUST
AFTER THAT AND HE SAID, "I THOUGHT OF IT, IT'S
PHOSPHORUS. ' AND HE COULDN'T REMEMBER WHETHER IT
WAS COD, POD, BACTERIA, OR WHAT IT WAS, BUT HE
NOW REMEMBERED PHOSPHORUS.
OF COURSE, I REGRET I WAS NOT ABLE TO
IMPRESS UPON HIM THE IMPORTANCE OF PHOSPHORUS
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255
DR. C. H. CONNELL
IN OUR WASTEWATER GOING INTO OUR STREAMS, BUT
HE IS IMPRESSED ENOUGH TO BE VERY COOPERATIVE
IN A PROJECT OF RESEARCH, DEMONSTRATION PROJECT,
THAT WE ARE CONDUCTING AT THIS TREATMENT PLANT
NUMBER 2, MAKING THE PLANT WHOLLY AVAILABLE TO
US TO OPERATE AS WE SEE BEST, NOT ONLY TO REMOVE
THE NORMAL COMPONENTS, NORMAL POLLUTION COMPON-
ENTS, THAT WE TRY TO REMOVE FROM SEWAGE, BUT ALSO
TO REMOVE PHOSPHORUS, WHICH IS A COMPONENT THAT
DOES PROMOTE EXCESSIVE ORGANIC GROWTH IN RECEIV-
ING WATERS.
AND HE HAS ASKED US TO PROVIDE HIM A
WRITTEN STATEMENT TO BE ATTACHED TO THIS STATE-
MENT TODAY AND RELATIVE TO THE PROJECT, AND IN
BRIEF IT IS THIS, THE RESEARCH DEMONSTRATION
PROJECT, TEXAS CITY NUMBER 2 WASTEWATER TREAT-
MENT PLANT, SUPPORTED BY THE SOAP AND DETERGENT
CORPORATION, THE CALGON CORPORATION AND THE
FEDERAL WATTER POLLUTION CONTROL ADMINISTRATION,
IS BEING CONDUCTED IN COLLABORATION WITH TEXAS
CITY TO DEMONSTRATE THE EFFECTIVENESS, THE
FEASIBILITY AND REMOVAL OF PHOSPHORUS FROM
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256
DR. C. H. CONNELL
WASTEWATER AT A LEVEL OF ABOUT THREE-QUARTER
MILLION GALLONS DAILY. WE ARE MAKING PROGRESS
ON THIS AND WE'LL HEAR MOiiE ON IT LATER.
AS TO THE WRITTEN STATEMENT, THE SUBJECT
IS -PHOSPHORUS FROM THE ESTUARY WATERSHEDS OF
THE GALVESTON BAY."
FIRST, THE TRINITY. BY THE WAY, SOME
OF THESE DATA I'M QUOTING TAKEN FROM STUDIES
THE PAST TWO OR THREE YEARS, THREE OR FOUR YEARS,
IS RESEARCH SUPPORTED BY SEVERAL RIVER AUTHORI-
TIES AND TEXAS WATER QUALITY BOARD.
THE OBSERVED AVERAGE DAILY TRANSPORT LOAD
OF PHOSPHORUS IN THE TRINITY AT THE USGS GAGING
STATION NEAR ROMAYOR—THAT'S BETWEEN LIBERTY
AND THE SITE OF LAKE LIVINGSTON DAM--, OCTOBER
1, 1965 THROUGH SEPTEMBER 30, 1966--IN 1966 WATER
YEAR—WAS APPROXIMATELY 100,000 POUNDS OF PHOS-
PHATE, THAT IS, THE EQUIVALENT PO^ CHEMICAL
SYMBOL FOR PHOSPHATE, AVERAGE OF 1.05 PARTS
PER MILLION SOLUBLE PHOSPHATE, FOR THIS WET
YEAR A FLOW OF 6.5 MILLION ACRE-FEET--A MEAN
FLOW RATE 39^6 CFS. EIGHTY TO NINETY PERCENT
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257
DR. C. H. CONNELL
OF THE SOLUBLE PHOSPHORUS ORIGINATED FROM MUNICI-
PAL WASTEWATER. IN THE 1966-67 WATER YEAR, DRY
YEAR, PHOSPHORUS FROM MUNICIPAL WASTEWATER WAS
SUFFICIENT TO CONTRIBUTE A WEIGHTED AVERAGE OF
5 PARTS PER MILLION P04 TO THE TOTAL OF 1.3 MILLION
ACRE-FEET OF FLOW THROUGH THE ROMAYOR STATION.
INCIDENTALLY, THAT IS ALSO 1.05 MILLI-
GRAMS PER LITER OF SUSPENDED PHOSPHATE DURING
THE WET YEAR, ALONG WITH 1.05 MILLIGRAM PARTS
PER MILLION OF SOLUBLE PHOSPHATE.
MOST OF THE SUSPENDED PHOSPHATE IS SILT-
BORN, BUT SIGNIFICANT PORTIONS ARE ASSOCIATED
WITH ORGANIC MATTER FROM UPSTREAM BIOLOGICAL
GROWTH. SUCH GROWTH TAKING TWO TO THREE POUNDS
OF PO^ FOR EACH 100 POUNDS OF ORGANIC MATTER
PRODUCED. THE SUSPENDED PHOSPHATE REACHING THE
ESTUARY IS DEPOSITED WITH LITTLE OF THE SILT-
BORN BUT MUCH OF THE ORGANIC-ASSOCIATED PHOS-
PHORUS BECOMING READILY AVAILABLE FOR PROMOTION
OF ADDITIONAL BIOLOGICAL GROWTH.
LAKE LIVINGSTON, UPON COMPLETION, WILL
FOR MANY YEARS ASSIMILATE MOST OF THE PHOSPHORUS
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258
DR. C. H. CONNELL
ENTERING THE LAKE, WITH DETRIMENTAL ORGANIC
GROWTH IN THE LAKE, BUT AFFORDING PROTECTION TO
THE TRINITY ESTUARY.
NOW TO HOUSTON SHIP CHANNEL, PLUS UPPER
AND LOWER ESTUARIES.
FROM MUNICIPAL WASTEWATER ALONE, APPROXI-
MATELY 250 POUNDS OF PHOSPHATE ARE ENTERING WITH
EACH MILLION GALLONS OF MUNICIPAL WASTEWATER
EFFLUENT; 25,000 POUNDS PER MILLION DAY PER
MILLION SEWERED POPULATION; THIS WITHOUT DEMON-
STRABLE DETRIMENT IN AREAS HEAVILY POLLUTED BY
ORGANIC MATTER, BUT WITHOUT ADEQUATE ASSIMILA-
TION OF THE PHOSPHORUS, AND THEREFORE PERMITTING
RESIDUAL PHOSPHORUS FROM MUNICIPAL WASTEWATER
AND OTHER SOURCES AS YET NOT DETERMINED TO MOVE
INTO AREAS FOR PROMOTION OF HEAVY BIOLOGICAL
GROWTH.
A RECOMMENDATION: IT is RECOMMENDED
THAT STUDIES BE EXTENDED AND INTENSIFIED ON
SOURCES, LOADS, AND FATE OF PHOSPHORUS IN THE
GALVESTON BAY ESTUARY TO DELINEATE THE EXTENT
OF DETRIMENTAL EFFECTS AND TO POINT TO MEANS
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259
DR. C. H. CONNELL
FOR REDUCING THESE EFFECTS.
THANK YOU.
MR. GALEGAR: THANK YOU, DR. CONNELL.
ARE THERE ANY QUESTIONS? ANY QUESTIONS
ON THIS SIDE?
MR. SORRELS: NO.
MR. GALEGAR: ANY QUESTIONS IN THE AUDIENCE?
DR. CONNELL, LET ME JUST ASK YOU ONE
QUESTION, IF I MIGHT, AND IT MAY BE PREMATURE,
IN YOUR ESTIMATION OF THE PHOSPHATE PROBLEM,
WOULD IT APPEAR THAT IT IS PRACTICAL TO CONTROL
THIS PARTICULAR POLLUTANT AND ITS SPREAD OVER
OUR WATER-BORN ENVIRONMENT, TO AT LEAST CONTROL
IT TO THE POINT WHERE IT DOESN'T BECOME A PROB-
LEM?
DR. CONNELL: THE ANSWER IS YES.
I WOULD ILLUSTRATE BY SOME OBSERVATIONS —
AND, MR. YANTIS, YOU WILL GET THIS FINAL REPORT
FAIRLY SOON ON THESE RIVERS--THAT IN THE TRINITY
RIVER THAT IS RECEIVING DAILY ABOUT 25 TONS PER
DAY OF PHOSPHATE, PO^, FROM MUNICIPAL WASTEWATER,
AND SOME ADDITIONAL SOLUBLE PHOSPHORUS FROM
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260
RUNOFF, BUT SIGNIFICANT, MOST OF IT FROM MUNICI-
PAL WASTEWATER. IT HAS BEEN OBSERVED OVER A
73-DAY PERIOD OF CONTINUOUS SAMPLING THAT ALTHOUGH
GROWTH WAS SO HEAVY THAT THE RIVER WAS--THE TRIN-
ITY RIVER AND GREEN RIVER--AND THE PHOSPHORUS
WAS DROPPED OUT AT THE RATE OF ABOUT 20 TONS PER
DAY IN A 400 MILE STRETCH. AND THIS WAS PRACTIC-
ALLY ORGANIC MATTER, AT THE RATE OF BETTER THAN
40 OR 50 POUNDS OF ORGANIC MATTER, FOR EACH
PHOSPHATE POUND REMOVED. AND THAT ORGANIC MATTER
LATER WAS MOSTLY DEPOSITED IN THE BAY IN A DE-
CAYING CONDITION.
AND THE QUESTION UOW IS THIS SOLELY DUE
TO PHOSPHATE OR IS IT ALSO NITROGEN?
WELL, IN PRODUCING THIS SOMETHING OVER
A MILLION POUNDS A DAY OF ORGANIC MATTER FOR EVERY
POUND OF PHOSPHATE THAT ALGAE HAD TO HAVE, THEY
HAD TO HAVE ABOUT FIVE POUNDS OF NITROGEN, AND
THAT NITROGEN WAS NOT AVAILABLE FROM RUNOFF, NOT
AVAILABLE FROM FERTILIZERS EITHER; IT WAS NOT
AVAILABLE FROM EITHER THE NITROGEN OF THE SEWAGE,
SEWAGE EFFLUENTS. THESE ALGAE HAD TO GROW TO
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261
PRODUCE THEIR OWN NITROGEN IN A PURE SENSE, SO
IN THIS CASE PHOSPHATE WAS A LIMITED FACTOR IN
PRODUCING THAT.
NOW, WITH THE SILT-BORN MATERIAL GOING
DOWN THE RIVER, MAYBE A LOT OF OUR PHOSPHATE AND
ORGANIC MATTER WOULD BE ASSIMILATED, BUT ANY
AMOUNT THAT WE CAN REDUCE THE AMOUNT OF PHOS-
PHORUS COMING IN WILL REDUCE THE PROBLEM, AND IF
WE CAN REDUCE 80% WE'LL GO A LONG WAY TOWARD
IMPROVING THE CONDITION.
MR. GALEGAR: THANK YOU, DR. CONNELL.
THIS IS THE MOST INTERESTING ASPECT OF
OUR BATTLE TO CONTROL POLLUTION.
THE NEXT SPEAKER THAT I HAVE--
MR. WALKER: I'M GOING TO HAVE TO LEAVE, BUT MAY i
INTERRUPT HERE JUST A MOMENT TO MAKE A STATEMENT
HERE?
MR. GALEGAR: WOULD YOU IDENTIFY YOURSELF?
MR. WALKER: i AM JACK WALKER AND i AM REPRESENTING
BOTH THE HOUSTON SPORTMEN'S CLUB AND BAYSHORE
ROD AND GUN CLUB, THESE ORGANIZATIONS ARE CON-
SERVATION ORGANIZATIONS, ONE LOCATED IN THE CITY
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262
OF HOUSTON AND THE OTHER ONE IN THE CITY OF BAY-
TOWN.
I WOULD LIKE TO SAY HERE FOR THE RECORD
THAT WE ARE WHOLLY, HEARTILY SUPPORTING THE
GALVESTON BAY STUDY ADVISORY BOARD, WORKING WITH
MR. YANTIS AND COLONEL BENDER. WHILE WE CAN'T
FINANCIALLY SUPPORT IT, WE ARE GIVING IT ALL
THE PUBLIC SUPPORT WE CAN.
THERE HAS BEEN MENTIONED HERE THIS AFTER-
NOON OR TODAY ABOUT THE CREATION OF A GALVESTON
BAY AUTHORITY, HAVING TO DO WITH POLLUTION. WE
GIVE THIS OUR WHOLEHEARTED SUPPORT, WE FEEL THAT
ONE OF THE MAJOR PROBLEMS ASSOCIATED WITHIN THIS
AREA—WE'VE HEARD TODAY THE VARIOUS AGENCIES,
BOTH ON THE STATE AND LOCAL AND FEDERAL LEVEL,
AGENCIES ASSOCIATED WITH THE CONTROL OF POLLUTION
IN OUR AREA, GALVESTON BAY AREA.
CERTAINLY THAT'S UNDERSTANDABLE BECAUSE
OF THE COMPLEXITY OF THE PROBLEM, BUT IT'S VERY
DIFFICULT, HAVING BEEN ASSOCIATED WITH THIS
PROBLEM FOR A GOOD MANY YEARS, TO TRY TO WORK
THE PROBLEM THROUGH WHEN THERE ARE SO MANY
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263
AGENCIES INVOLVED IN TRYING TO SOLVE THE PARTICU-
LAR PROBLEM.
SO WE THINK THAT THE CREATION OF AN
AUTHORITY, SUCH AS PERHAPS THE GALVESTON BAY
AUTHORITY, WOULD GO A LONG WAY TO HELP SOLVE THE
PROBLEMS IN OUR AREA. WE ARE HOPING THAT THIS
BILL WILL PASS--SENATOR COLE WILL BE SUCCESSFUL,
AND WE WILL GIVE IT ALL OUR SUPPORT IN THE NEXT
SESSION OF THE LEGISLATURE.
IN THE ABSENCE OF THE PASSAGE OF THIS
BILL, I WOULD LIKE TO GO ON RECORD AS SAYING WE
RECOMMEND TO CONGRESS, IN THE ABSENCE THE STATE
DOES NOT ACT IN THE VERY NEAR FUTURE, IN CREATION
OF AN AGENCY THAT WILL HAVE THE OVERALL AUTHORITY
TO TAKE ACTION, THEN CONGRESS SHOULD ACT AND
CREATE SUCH AN AUTHORITY.
THIS IS THE CONCLUSION OF THE STATEMENT.
MR. GALEGAR: THANK YOU. DO YOU HAVE ANY QUESTIONS?
ANY QUESTIONS FROM THE AUDIENCE, LADIES AND
GENTLEMEN?
THANK YOU FOR SPEAKING UP ON THIS SUBJECT,
WE'RE SORRY THAT WE DIDN'T GET TO YOU SOONER.
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26^
NOTES ON GALVESTON BAY POLLUTION BY
HOUSTON SPORTSMEN'S CLUB, INC.:
WATER POLLUTION IN GALVESTON BAY COMES
FROM MANY SOURCES. WE ARE LISTING A FEW OF
THESE SOURCES AND THE RESULTS OF THEIR POLLUT-
ANTS ENTERING THE GALVESTON BAY COMPLEX.
1. THE HOUSTON SHIP CHANNEL (BUFFALO
BAYOU). THIS STREAM IS CALLED ONE OF THE WORST
POLLUTED IN THE SOUTH. ON ITS BANKS MANY AND
VARIED TYPES OF INDUSTRIAL PLANTS ARE LOCATED.
AMONG THEM ARE OIL REFINERIES, CHEMICAL PLANTS
OF VARIOUS TYPES, A PAPER MANUFACTURING PLANT
AND SEWAGE DISPOSAL PLANTS FOR THE CITY OF
HOUSTON AND PASADENA.
WHEN THIS STREAM IS SWOLLEN BY TORREN-
TIAL RAINS IT EMPTIES ITS WATER, ALONG WITH
MANY TYPES OF POLLUTANTS INTO THE GALVESTON
BAY COMPLEX. RESULTS: A TREMENDOUS FISH KILL.
THIS HAS HAPPENED SEVERAL TIMES IN THE PAST
FIVE YEARS.
2. SEA-GOING SHIPS (TANKERS MOSTLY).
TANKERS LEAVING DOCKS ALONG THE HOUSTON SHIP
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265
CHANNEL ARE USUALLY LOADED WITH DIESEL OIL,
CRUDE OIL, GASOLINE, CHEMICALS OF VARIOUS TYPES
AND OTHER LIQUIDS. WHEN THESE TANKERS REACH
THEIR DESTINATION AND EMPTY THEIR CARGO THEY
FILL THEIR TANKERS WITH SEAWATER BALLAST TO
BALANCE THE SHIP.
UPON ENTERING THE GALVESTON BAY AREA
OF THE HOUSTON SHIP CHANNEL ON THEIR RETURN FOR
RELOADING THEY START EMPTYING THEIR SEAWATER
BALLAST INTO THE GALVESTON BAY COMPLEX. THIS
WATER POLLUTED WITH WHATEVER LIQUID THEIR TANKS
CONTAINED PREVIOUSLY HAS SERIOUS EFFECTS UPON
MARINE LIFE IN THE BAY ALONG THIS SHIP CHANNEL.
TOP-OF-THE-WATER FEEDERS SUCH AS SPECKLED TROUT
SMELL AND TASTE LIKE OIL PRODUCTS WHICH RENDERS
THEM UNUSABLE AS FOOD. BOTTOM FEEDING FISH SUCH
AS DRUM, SHEEPSHEAD, CROAKERS, GAFTOPS, ETC.,
ARE RENDERED UNUSABLE AS A FOOD BY THE CHEMICALS
WHICH SETTLE TO THE BAY BOTTOM.
3. TEXAS CITY INDUSTRIAL AREA. THIS
AREA, ALONG THE BANKS OF GALVESTON dAY ON THE
MAINLAND NEAR GALVESTON CONSISTS OF OIL REFIN-
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'66
ERIES, CHEMICAL PLANTS AND A TIN SMELTER.
IN THE EARLY PART OF 1965 A FISH KILL
OF TREMENDOUS PROPORTIONS RESULTED FROM POLLU-
TION. A SAMPLE OF THE BAY WATER BETWEEN THE
RAILROAD AND AUTOMOBILE CAUSEWAYS WAS SENT TO
U. S. CUSTOMS LAB IN NEW ORLEANS FOR ANALYSIS.
A COPY OF THE LABORATORY REPORT IS ATTACHED TO
THESE NOTES FOR THE COMMITTEE'S INFORMATION.
BOTTOM-FEEDING FISH IN THIS INDUSTRIAL AREA
ARE NOT EATABLE. WHEN OPENED FOR CLEANING THEY
SMELL OF CHEMICALS INSTEAD OF FRESH FISH. IN
JULY 1968, SOME WERE CAUGHT AND THEIR INTESTINES
EXAMINED. A BLUE-GREEN SUBSTANCE WAS FOUND THAT
HAD AN ODOR OF SOME TYPE OF SULFIDE, WHICH THEY
HAD PICKED UP OFF THE BAY BOTTOM.
4. THE GREAT OYSTER KILL. IN THE EARLY
AND MIDDLE 1950'S WEST GALVESTON BAY AROUND NORTH
DEER ISLAND AND SOUTH DEuR ISLAND WAS AMONG THE
BEST OYSTER HARVESTING AREAS OF THE GULF COAST.
TODAY, THE ONLY THING FOUND IN THESE AREAS ARE
DEAD OYSTER SHELLS THAT HAVE TURNED GREEN FROM
CHEMICAL POLLUTANTS. AS EARLY AS FALL OF 1967
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267
LIVE, HEALTHY OYSTERS EXISTED IN THE LAKES
BORDERING BASTROP BAYOU BETWEEN GALVESTON AND
FREEPORT. INSPECTION OF OYSTERS IN THIS AREA
IN JULY, 1968 INDICATED THESE SHELL FISH WERE
FAST BECOMING VICTIMS OF A CHEMICAL POLLUTANT
THAT TURNS THEIR SHELL A SLICK DARK GREEN COLOR.
SOME SPORTSMEN ATTRIBUTE THIS TO CHEMICAL PLANTS
IN THE AREA AND SOME OTHERS CLAIM THE DUMPING
VATS OF A PAPER MILL BEHIND THE CITY OF HITCH-
COCK SPILL OVER INTO THE GALVESTON BAY AREA
CAUSING THIS LATEST SHELL FISH KILL. THESE VATS
BELONG TO A HOUSTON PAPER MANUFACTURING COMPANY.
REPORT FROM U. S. CUSTOMS LABORATORY:
THE SAMPLE, AS EVIDENCE BY ODOR AND
CHEMICAL TEST, CONTAINS DISSOLVED SULFIDES AND
YIELDS HYDROGEN SULFIDE GAS ON HEATING.
SPECTROGRAPHIC ANALYSIS FOR METAL SALTS
INDICATES THAT ONLY THOSE METAL ELEMENTS NORM-
ALLY EXPECTED IN SEA WATER ARE PRESENT.
HYDROGEN SULFIDE, A FLAMMABLE GAS WITH
THE CHARACTERISTIC ODOR OF ROTTEN EGGS, IS
EXTREMELY POISONOUS AND CAUSES DEATH BY RESPIRA-
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268
TORY FAILURE IN MAN AND OTHER ANIMALS. IN
ITSELF IT IS POISONOUS TO FISH AND, IN ADDITION,
THROUGH THE CHEMICAL ACTION DESCRIBED BELOW,
LOWERS THE AMOUNT OF ABSORBED OXYGEN IN WATER -
THE OXYGEN NEEDED BY FISH TO LIVE.
HYDROGEN SULFIDE RESULTS FROM THE DECAY
OF ORGANIC SULFUR COMPOUNDS AND IS WIDELY DISTRI-
BUTED IN INDUSTRY IN THE WASTE WATERS AND SEW-
AGE FROM TANNERIES, GLUE FACTORIES, SUGAR REFIN-
ERIES, VISCOSE RAYON FACTORIES, OIL REFINERIES,
COAL, SULFUR, OR GYPSUM MINES, AND IN AMMONIACAL
GAS LIQUOR (FROM DESTRUCTIVE DISTILLATION OF
BITUMINOUS COAL IN GAS OR COKE MANUFACTURE),
SULFUR DYE LIQUORS, SEPTIC SEWAGE, ETC. IT IS
SOLUBLE IN WATER, HOWEVER, IN WATER SOLUTION IT
REACTS WITH OXYGEN ABSORBED FROM THE AIR AND
DEPOSITS FINELY DIVIDED ELEMENTAL SULFUR.
MR. GALEGAR: SHALL WE RECONVENE THE MEETING AND PRO-
CEED?
WOULD THE REPRESENTATIVE FROM THE GAL-
VESTON CHAMBER OF COMMERCE COME UP TO THE FRONT
HERE JUST FOR A MOMENT?
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209
(DISCUSSION OFF THE RECORD.)
MR. GALEGAR: THE NEXT SPEAKER IS CHARLES COLBY FROM
THE GALVESTON CHAMBER OF COMMERCE. CHARLES.
MR. COLBY: GENTLEMEN, TODAY I REPRESENT THE CHAMBER
OF COMMERCE OF GALVESTON THROUGH THEIR AIR AND
WATER POLLUTION COMMITTEE. I SPEAK FOR MYSELF
AND THE CHAMBER WHEN I SAY WE ARE HAPPY TO SEE
EVIDENCE OF INTEREST IN THE POLLUTION PROBLEM
BY FEDERAL AUTHORITY.
A WRITTEN REPORT WILL BE SUBMITTED TO
YOUR GROUP LATER COVERING THE ENTIRE FIELD OF
AIR AND WATER POLLUTION AS IT AFFECTS US LOCALLY.
AT THIS TIME, MY PURPOSE IS TO CALL TO
YOUR ATTENTION ONE SOURCE OF POLLUTION THAT MAY
HAVE ESCAPED YOUR NOTICE. GALVESTON BEACH, AND
THE BEACHES OF ALL GULF PORTS, ARE PLAGUED ,VITH
OIL, TAR, AND TRASH THAT HAS BEEN DUMPED FROM
SHIPS IN VIOLATION OF EXISTING FEDERAL AND STATE
LAW. WE ARE TOLD THE LAW IS UNENFORCEABLE.
THE ECONOMY OF THIS AREA IS DEPENDENT ON OUR BEACH
FOR ONE THIRD OR MORE OF ITS DOLLAR VALUE. THE
RECREATIONAL VALUE OF THE BEACHES IS GREATLY
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270
MR. CHARLES COLBY
IMPARED 3Y THE CUMPING OF THIS BILGE MATERIAL,
GARBAGE AND SO FORTH.
WHILE THIS IS A SMALL FRACTION OF OUR
POLLUTION PROBLEM, WE FEEL IT IS WORTHY OF NOTE
SINCE ITS DOLLAR VALUE IS SO HIGH AND SINCE IT
SPOILS THE RECREATION VALUE OF OUR GULF BEACHES
FOR OVER 6,000,000 INLAND FAMILIES WHO WANT CLEAN
BEACHES. THIS 6,000,000 PEOPLE REPRESENT 92
TIMES THE POPULATION OF GALVESTON ISLAND. AS A
RESULT, IT SEEMS TO BE A PROBLEM OF NATIONAL INTER-
EST.
WE HAVE HADE A WRITTEN APPEAL TO EACH
SHIP'S MASTER THAT ENTERS OR LEAVES THE PORT OF
GALVESTON OR OUR SISTER PORTS WITHIN 50 MILES.
WE CAN ONLY APPEAL TO THEIR GOOD NATURE. WE
WOULD LIKE FOR OUR COAST GUARD TO HAVE SUITABLE
LAWS SO ENFORCEMENT COULD BE POSSIBLE.
THANK YOU, GENTLEMEN.
MR. GALEGAR: THANK YOU, MR. COLBY. WOULD YOU GIVE
YOUR STATEMENT TO THE REPORTER?
ARE THERE ANY QUESTIONS?
MR. YANTIS: BECAUSE OF OUR ECHOES IN THE ROOM IT'S
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271
HARD TO HEAR. I WISH YOU WOULD READ THAT FIRST
SENTENCE OR TWO AGAIN.
MR. COLBY: YES, SIR.
I REPRESENT THE CHAMBER OF COMMERCE
THROUGH THEIR AIR AND WATER POLLUTION COMMITTEE.
I SPEAK FOR MYSELF AND THE CHAMBER WHEN I SAY
WE ARE HAPPY TO SEE EVIDENCE OF INTEREST IN THE
POLLUTION PROBLEM BY FEDERAL AUTHORITY.
MR. YANTIS: NO. THE PART YOU MENTIONED, YOU SAID SOME-
THING ABOUT BEACHES COVERED WITH OIL.
MR. COLBY: I AM AFRAID NOT, SIR. YOU MUST HAVE MIS-
UNDERSTOOD.
I SAID THIS:
THE RECREATIONAL VALUE OF THE BEACHES
IS GREATLY IMPARED BY THE DUMPING OF THIS BILGE
MATERIAL, GARBAGE AND SO FORTH. GALVESTON BEACH
AND BEACHES OF ALL GULF PORTS ARE PLAGUED WITH
OIL, TAR AND TRASH THAT HAS BEEN DUMPED FROM
SHIPS IN VIOLATION OF EXISTING FEDERAL AND STATE
LAW.
MR. YANTIS: THIS is THE POINT, i HAD THE IMPRESSION
THAT YOU WERE SAYING THAT THEY WERE CONSISTENTLY
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272
COVERED WITH, WHICH I DO HOT THINK IS CORRECT.
MR. COLBY: NO, SIR. THAT WOULD BE AN INCORRECT STATE-
MENT.
MR. YANTIS: FREQUENTLY BOTHERED.
MR. COLBY: WE ARE FREQUENTLY BOTHERED. YES, SIR.
MR. GALEGAR: ARE THERE ANY OTHER QUESTIONS BY THE
PANEL?...BY THE AUDIENCE?
MAY I JUST ASK FOR ONE ADDITIONAL BIT
OF INFORMATION, IF IT'S POSSIBLE FOR YOU TO SUP-
PLY ME, MR. COLBY?
MR. COLBY: I WILL TRY.
MR. GALEGAR: YOU MENTION THAT THE BEACHES ARE USED,
DID YOU SAY, BY 8,000,000 PEOPLE?
MR. COLBY: 6,000,000, SIR, ACCORDING ID OUR MOST RECENT
SURVEY. THAT IS PER YEAR. THAT IS ON AN ANNUAL
BASIS.
MR. GALEGAR: is THERE ANY WAY THAT THE CHAMBER OF
COMMERCE OR THE GROUP THAT IT MAY HAVE CONTACT
WITH BE ABLE TO PROVIDE ECONOMIC VALUE OF THE USE
OF THE BEACHES IF THEY ARE MAINTAINED IN A SATIS-
FACTORY CONDITION?
MR. COL3Y: I AM CERTAIN IT WOULD TAKE A STUDY OVER A
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273
PERIOD OF TIME, BECAUSE AT THIS TIME THE 65,000
GALVESTON RESIDENTS ARE PAYING TAXES TO PROVIDE
A GREAT DEAL OF UPKEEP AND MAINTENANCE ON THE
BEACHES ALREADY.
NOW, YOU CAN CHECK THE GALVESTON TAX
ROLLS AND YOU WILL FIND THAT THE TAXES ARE QUITE
HIGH.
WE HAVE BEEN KEEPING THEM CLEAN TO THE
BEST OF OUR ABILITY. HOWEVER, THERE ARE TIMES
WHEN IT'S IMPOSSIBLE. AND THIS SITUATION EXISTS
BECAUSE THE OIL THAT IS DUMPED IS NOT IN HUGE
QUANTITIES, THE TARS THAT SHOW UP ON THE BEACH,
AS THE GENTLEMAN POINTED OUT, ARE NOT IN HUGE
QUANITIES. IF THEY WERE, IT WOULD THEN BE POSSI-
BLE TO REGULATE AND HAVE A BIG SYPHON-SORT OF
ARRANGEMENT WHERE YOU ASSESS EVERYONE--TO GO OUT
AND ASSESS EVERYONE, TO GO OUT AND SUCK ALL OF
THIS STUFF UP. AS IT IS, YOU GET ENOUGH OF THIS
STUFF WHERE THE PEOPLE ON THE BEACH GET IT ALL
OVER THEMSELVES, WHERE THEY WILL NOT COME BACK.
NOW, HOW MANY WILL NOT COME BACK WE CAN-
NOT SAY. WE DO KNOW THAT IF THE BEACHES WERE
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274
CLEAN WE WOULD HAVE A LOT LESS UNHAPPY PEOPLE.
NOW, AS FAR AS THE STUDY ON THIS IS
CONCERNED, IT WOULD PROBABLY TAKE SEVERAL SEASONS
TO GIVE YOU ANYTHING THAT WOULD BE ACCURATE. WE
HAVE TO START FROM A BASE LIST THAT WE HAVE TO-
DAY. BUT WE DO KNOW THAT AT THIS TIME THE EX-
PENSE IS QUITE HIGH TO MAINTAIN THE BEACHES IN
THE CONDITION THAT WE ARE ABLE TO MAINTAIN THEM
AT THIS TIME.
MR. GALEGAR: ONE ADDITIONAL QUESTION.
MR. COLBY: YES.
MR. GALEGAR: IS THE 6,000,000 ARRIVED AT BY AUTOMOBILE
COUNT OR IS THAT AN ESTIMATE BASED ON SOME OTHER
METHOD?
MR. COLBY; SIR, i AM AFRAID i AM NOT PREPARED TO ANSWER
THAT ACCURATELY. HOWEVER, WE WILL SUPPLY YOU WITH
THIS INFORMATION WHEN WE GIVE YOU THE TOTAL BREAK-
DOWN ON THE OTHER.
WE DO HAVE A STUDY, BUT I CAN'T GIVE YOU
THE BASIS OF THE STUDY. I DON'T KNOW.
MR. GALEGAR: VERY FINE. WE WOULD APPRECIATE THAT,
MR. COLBY.
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275
MR. COLBY: YES, SIR.
MR. GALEGAR: MR. YANTIS HAS SOME ADDITIONAL QUESTIONS.
MR. YANTIS: WELL, IT'S PROBABLY THE SAME QUESTION, BUT
IF YOU TAKE 6,000,000 DIVIDED BY A HUNDRED,
ROUGHLY THREE MONTHS, THAT IS ROUGHLY THE SUMMER
SEASON, 6,000 INDIVIDUAL DIFFERENT PEOPLE PER
DAY, I WONDER IF THE 6,000,000 IS NOT MAN DAYS
RATHER THAN NUMBER OF PEOPLE, BECAUSE, IN OTHER
WORDS, SOMEBODY IS HERE TODAY, THAT COUNTS TWICE,
MR. COLBY: IT COULD WELL BE, SIR. I AM NOT IN A POSI-
TION TO ANSWER THAT AT THIS TIME.
MR. YANTIS: BUT YOU WOULD HAVE IT IN YOUR DATA?
MR. COLBY: YES, SIR. I AM SURE THE BASE COULD BE
DETERMINED, BECAUSE THE STUDY DOES EXIST, BUT I
AM NOT FAMILIAR WITH THE STUDY, ONLY THE RESULTS
OF IT.
MR. YANTIS: THANK YOU.
MR. COLBY: THANK YOU.
MR. GALEGAR: THANK YOU, MR. COLBY.
THE NEXT SPEAKER IS ALBERT B. ATKINSON,
SAN LEON CHAMBER OF COMMERCE.
I AM ADVISED THAT MR. ATKINSON HAS SUB-
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276
MITTED A WRITTEN STATEMENT FOR THE RECORD.
THE NEXT SPEAKER IS MR. H. H. MEREDITH,
JR., TEXAS MID-CONTINENT OIL £ GAS ASSOCIATION.
MR. MEREDITH.
MR. MEREDITH: MR. GALEGAR, CO-CHAIRMAN YANTIS, MR.
WOOD, MR. SMOUSE, MR. SORRELS, HONORED GUESTS--
IF THERE ARE ANY LEFT AT THIS LATE HOUR--LADIES
AND GENTLEMEN, I AM H. H. MEREDITH, JR., AND I
PRESENT THIS STATEMENT ON BEHALF OF THE TEXAS
MID-CONTINENT OIL £ GAS ASSOCIATION, A TRADE
ORGANIZATION REPRESENTING COMPANIES WITH OPERA-
TIONS IN ALL SEGMENTS OF THE TEXAS OIL AND GAS
INDUSTRY. THIS IS A CONSENSUS STATEMENT OF THE
ASSOCIATION'S TECHNICAL SUBCOMMITTEE ON AIR AND
REFINERY EFFLUENT AND ITS TECHNICAL AND ENGINEER-
IMG SUBCOMMITTEE, BOTH OF WHOM REPORT TO THE
ASSOCIATION'S AIR AND WATER CONSERVATION COMMIT-
TEE.
A FEW BRIEF STATISTICS WILL SERVE TO
SHOW THE INTEGRAL PART THE PETROLEUM INDUSTRY
HAS IN THE ECONOMY OF THIS AREA AND THE DEGREE
OF OUR RESPONSIBILITY FOR THE WISE USE OF THE
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277
MR. H. H. MEREDITH, JR.
STATE'S NATURAL RESOURCES. THE STATISTICS WILL
REFER TO R. R. COMM. DISTRICT III, WHICH COVERS
SEVEN COASTAL OR ESTUARINE BORDERING COUNTIES
ON THE TEXAS COAST FROM PORT LAVACA TO PORT
ARTHUR, AND 22 INLAND COUNTIES.
IN DISTRICT III DURING 1966 THE INDUSTRY
PRODUCED 133 MILLION BARRELS OF CRUDE OIL AND
ABOUT 1-1/2 TRILLION CUBIC FEET OF NATURAL GAS,
VALUED AT ALMOST $600 MILLION. ROYALTY PAYMENTS
TO LANDOWNERS EXCEEDED $12 MILLION; AND PRODUC-
TION TAXES TO THE STATE EXCEEDED $31 MILLION.
THE INDUSTRY OPERATES 18 REFINERIES AND 54 NATURAL
GASOLINE PLANTS; AND PAYMENTS TO ITS 68,375 EM-
PLOYEES IN 1967 EXCEEDED $592 MILLION.
WE APPRECIATE THE OPPORTUNITY TO MAKE A
STATEMENT AT THIS MEETING, WHICH WE UNDERSTAND
IS ONE OF A SERIES TO COMPLY WITH THE MANDATE
OF THE CLEAN WATER RESTORATION ACT OF 1966 TO
MAKE "A COMPREHENSIVE STUDY OF THE EFFECTS OF
POLLUTION, INCLUDING SEDIMENTATION, IN THE ESTUAR-
IES AND ESTUARINE ZONES OF THE UNITED STATES.1'
THE ASSOCIATION IS IN AGREEMENT THAT SUCH A STUDY
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278
MR. H. H. MEREDITH, JR.
IS ESSENTIAL IF INTELLIGENT CONCLUSIONS ARE TO
3E REACHED CONCERNING THE FUTURE USE OF OUR
ESTUARIES AND ESTUARINE ZONES.
INASMUCH AS THE ACT OF CONGRESS EXPRESSLY
INCLUDES IN THE SCOPE OF SUCH ESTUARINE STUDY
i!THE EFFECT OF...THE EXPLOITATION OF MINERAL
RESOURCES AND FOSSIL FUELS...UPON THE POLLUTION
OF THE WATERS THEREIN,l: WE ARE ADDRESSING THIS
STATEMENT TO THAT AREA OF STUDY; AND WITHIN THAT
AREA WE HAVE ATTEMPTED TO DEVELOP CONCISE ANSWERS
TO THE SPECIFIC QUESTIONS.
1. WHAT ARE THE VALUES OF AN ESTUARY?
UNLIKE FRESH WATERS, THEY HAVE LITTLE
VALUE FOR CONSUMPTION. EXCEPT POSSIBLY FOR THOSE
RARE INSTANCES WHERE FEASIBILITY OF SEA WATER
CONVERSION IS BEING TESTED. THEIR VALUE LIES
IN THEIR USE FOR BENEFICIAL PURPOSES. BECAUSE
OF THE MANY BENEFICIAL USES OF ESTUARINE AREAS,
IT IS NOT POSSIBLE FOR US TO DEVELOP NUMERICAL
DOLLAR VALUES FOR THESE AREAS. HOWEVER, TECHNOL-
OGY HAS ACHIEVED A LEVEL TODAY WHERE IT IS SCIEN-
TIFICALLY POSSIBLE TO MEET ALL PRESENT QUALITY
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280
MR. H. H. MEREDITH, JR.
CRITERIA, BUT IN EVERY INSTANCE OF MULTIPLE
USE WE BELIEVE IT IS ESSENTIAL TO BALANCE THE
SOCIAL AND ECONOMIC GAINS AGAINST THE COST OF
QUALITY IMPROVEMENT. THIS BALANCING OF INTER-
ESTS SHOULD BE DONE ONLY AFTER THE DEVELOPMENT
AND EVALUATION OF BASIC SOCIAL, ECONOMIC, AND
SCIENTIFIC DATA. WE ENDORSE THIS STUDY AUTHORI-
ZED BY CONGRESS AS A NECESSARY FIRST STEP.
SECONDLY, HAVE THE ESTUARIES BEEN DAMAGED
BY POLLUTION AND, IF SO, HOW MUCH?
THIS CAN BE DETERMINED ONLY BY LONG-
TERM COMPREHENSIVE INVESTIGATIONS. NORMAL CYCLES
OF ECOLOGICAL CHANGES, FRESH WATER DIVERSIONS,
FLOOD CONTROL AND ADVERSE WEATHER CONDITIONS,
AS WELL AS THE SOCIAL AND INDUSTRIAL ACTIVITIES
OF MAN, CREATE EFFECTS WHERE AN ACTUAL ASSESS-
MENT OF DAMAGE IS INDETERMINATE WITH A CASUAL
SURVEY. IN OUR INDUSTRY'S OPERATIONS THESE
ESTUARIES ARE USED IN MANY CASES FOR CARRYING
TO THE OCEAN THE BRINE WHICH IS PRODUCED WITH
OIL AND GAS. THIS IS AN AREA WHERE WE NEED SUB-
STANTIAL COMPREHENSIVE STUDY TO OBTAIN TRUE
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281
MR. H. H. MEREDITH, JR.
BASIC DATA ON THE OVERALL LONG-TERM EFFECT IN
ORDER TO DEVELOP GOOD WATER MANAGEMENT PLANS.
THERE IS LITTLE DOUBT THAT THE PRESENCE OF FREE
OIL IN SUCH DISCHARGES CAN AND HAS CAUSED DAMAGE
WE CONSIDER THAT FREE OIL IN SUCH DISCHARGES
IS AN ABUSE AND NOT A USE, OF THE ESTUARIES.
TEXAS MID-CONTINENT SUPPORTS THE EFFORTS OF ALL
OIL AND GAS OPERATORS TO LOCATE AND STOP SUCH
RELEASE OR ESCAPE OF OIL INTO ESTUARINE ZONES.
THE PETROLEUM INDUSTRY USES SOME TEXAS
ESTUARIES AS RECEIVING WATERS FOR EFFLUENT FROM
REFINERIES. EFFLUENT QUALITY IMPROVEMENTS ARC
BEING EFFECTED BY MOST REFINERIES SO THAT THE
POSSIBILITY OF DAMAGING DISCHARGES IS DECREAS-
ING. WHERE ORDERS OF THE TEXAS WATER QUALITY
BOARD ARE IN EFFECT, OUR INDUSTRY IS MOVING
RAPIDLY TOWARD ENHANCING EFFLUENT QUALITY AS
REQUIRED BY SUCH REGULATION. FOR EXAMPLE, MORE
THAN 90% OF THE WASTE WATER COVERED BY DISCHARGE
PERMITS FROM INDUSTRIAL PLANTS ALONG THE HOUSTON
SHIP CHANNEL HAVE RECENTLY BEEN REVISED AND UP-
DATED IN ACCORDANCE WITH TEXAS WATER QUALITY
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282
MR. H. H. MEREDITH, JR.
BOARD RULES. WE UNDERSTAND THE REMAINING PERMITS
ARE UNDER ACTIVE REVIEW AND WILL BE APPROVED
WHEN THE BOARD IS SATISFIED THEY ARE ADEQUATE.
IN BOTH CASES OF USE BY THE PRODUCING
AND REFINING SEGMENTS OF THE INDUSTRY, WE WISH
TO POINT OUT THAT THERE IS CONSIDERABLE ECONOMIC
NECESSITY FOR OUR USE OF THESE WATERS TO CONTINUE.
THERE COULD BE SERIOUS UNWARRANTED ECONOMIC PENAL I -
TIES CREATED BY ANY SWEEPING ORDERS PROHIBITING
DISCHARGES INTO BAYS AND ESTUARIES. ANY SUCr,
ACTION SHOULD BE TAKEN ONLY IF CAREFUL STUDY OF
EACH AREA REVEALS THESE DISCHARGES ARE PRECLUD-
ING OTHER, MORE IMPORTANT USES.
NOW, AS TO WHAT IS THE FUTURE OF THE
NATION'S COASTAL ZONES?
ADVANCED TECHNOLOGY AND REASONABLE ACTION
BY BOTH INDUSTRY AND GOVERNMENT SHOULD ALLOW
CONTINUED DEVELOPMENT OF MULTIPLE BENEFICIAL
USES OF THESE ZONES TO THEIR MAXIMUM PUBLIC
ECONOMICAL VALUE. WE BELIEVE THAT IN DEVELOPING
THE CONCEPT OF BEST OVERALL ECONOMICAL ANDSOCIAL
USE, MANY FACTORS MUST BE BALANCED TO OBTAIN
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283
MR. H. H. (MEREDITH, JR.
THE LOWEST COST/BENEFIT RATIO FOR THE PUBLIC.
THIS IS WHY WE ENDORSE COMPREHENSIVE PLANNING
STUDIES.
NOW, HOW CAN WE MAKE THE BEST USE OF
OUR ESTUARIES?
A COMPREHENSIVE, LONG-RANGE AREA MANAGE-
MENT PLANNING STUDY SHOULD PROVIDE THE BASIS FOR
ECONOMIC PROJECTIONS FOR FUTURE DEVELOPMENT.
SINCE WE BELIEVE IN A MULTI-USE CONCEPT, THE
GREATEST ECONOMICAL POTENTIAL SHOULD BE REALIZED
WITHOUT HAVING TO COMPLETELY SACRIFICE ANY NORMAL
USE.
NOW, AS TO WHAT SYSTEM OF MANAGEMENT -
LOCAL, STATE, FEDERAL, OR A COMBINATION - WILL
PROVIDE ESTUARY DEVELOPMENT.
IT IS OUR 3ELIEF THAT FIRST-LINE MANAGE-
MENT OF ESTUARINE AREAS SHOULD REST WITH A LOCAL
GOVERNMENT AGENCY SO LONG AS IT HAS JURISDICTIOiJ
OVER THE ENTIRE BODY OF WATER. A SPECIFIC EXAM-
PLE IS GALVESTON BAY. BECAUSE THIS LARGE BAY
BORDERS ON SEVERAL COUNTIES, AN INTER-COUNTY
OR STATE AGENCY IS NEEDED TO PROVIDE CONSISTENT
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MR. H. H. MEREDITH, JR.
AND UNIFORM MANAGEMENT. BUT EVEN WHERE ESTUARINE
WATERS HAVE PROBLEMS OF AN INTERSTATE NATURE,
WE BELIEVE MANAGEMENT SHOULD BE IN THE HANDS OF
AN AGENCY WITH MEMBERSHIP FROM THE LOCAL GOVERN-
MENTS; OR, IF THOUGHT NECESSARY, THE INVOLVED
STATE GOVERNMENTS. THEREFORE, ADDITIONAL STATE
LEGISLATION MAY BE NEEDED IN SOME AREAS TO PRO-
VIDE FOR REPRESENTATIVE MANAGEMENT. WE, OF
COURSE, RECOGNIZE THAT OTHER GOVERNMENTAL AGEN-
CIES WITH INTEREST IN THESE AREAS SHOULD BE
REPRESENTED IN ANY PLANNING STUDY.
THE ASSOCIATION HAS IN THE PAST AND
WILL CONTINUE TO ENCOURAGE CONSERVATION OF OUR
NATURAL RESOURCES, INCLUDING ESTUARIES AND ESTUAR-
INE WATERS. THE CONTINUED REASONABLE USE OF
ESTUARINE WATERS IS ESSENTIAL TO OUR INDUSTRY IN
PROVIDING THE NATION WITH ENERGY FROM PETROLEUM
FUELS. IN USING THESE WATERS, WE INTEND TO CON-
TINUE GOOD OPERATING PRACTICES SO THAT THERE WILL
BE NO UNREASONABLE ENCORACHMENT ON OTHERS' USE
OF THESE SAME WATERS.
THANK YOU.
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285
MR. GALEGAR: THANK YOU, MR. MEREDITH. YOU MIGHT WAIT
JUST FOR A MOMENT.
DO WE HAVE ANY QUESTIONS FROM OUR CO-
CHAIRMAN?
MR. WOOD: MR. MEREDITH, I WOULD LIKE TO REPEAT MY RE-
QUEST OF THIS MORNING TO THE CHEMICAL MANUFACTURERS
COUNCIL, THAT WE ARE AWARE OF COURSE SOME INDUS-
TRIES OR INDUSTRY GROUPS WHO COLLECT DATA ON
THE RECEIVING WATERS. INASMUCH AS OUR STUDY
ENCOMPASSES GATHERING INFORMATION, DATA FROM
STATE AND LOCAL AGENCIES, WE WOULD ALSO BE PLEASED
TO RECEIVE FROM YOUR GROUP OR ANY OF THE MEMBER
AGENCIES WHO HAVE AVAILABLE PHYSICAL, CHEMICAL,
THERMAL, THIS SORT OF INFORMATION.
MR. MEREDITH: THANK YOU, MR. WOOD, i WOULD SAY IN
THIS CONNECTION THAT TO MY SPECIFIC KNOWLEDGE
P.AMY OF THE REFINERIES ARE ALREADY FURNISHING TO
TEXAS WATER QUALITY BOARD INFORMATION CONCERNING
THE QUANITY, THE QUALITY OF THEIR EFFLUENTS.
THIS HAS BEEN GOING ON FOR QUITE SOME TIME.
NOW, ARE YOU INDICATING THAT SOMETHING
OVER AND BEYOND THIS PRACTICE WOULD BE INDICATED
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286
IN CONNECTION WITH THIS PARTICULAR STUDY?
MR. WOOD: WELL, OUR SPECIFIC INTEREST RIGHT NOW IS
RECENT QUALITY TAKEN, SAY, PHYSICAL, CHEMICAL,
BIOLOGICAL, BACTERIOLOGICAL ON THE ESTUARINE
WATERS THEMSELVES.
MR. MEREDITH: IS WHAT YOU ARE SAYING, MR. WOOD, THE
EFFECTS?
MR. WOOD: YES.
MR. MEREDITH: I'M AFRAID WE HAVE NO INFORMATION ALONG
THOSE LINES, I KNOW OF NO INDIVIDUAL COMPANIES
WHO HAVE SUCH INFORMATION. THIS WILL BE THE
SOURCE OF ANY ASSOCIATION INFORMATION.
MR. WOOD: THANK YOU.
MR. GALEGAR: MR. MEREDITH, LET ME ASK IF THERE ARE
ANY OTHER QUESTIONS OVER HERE. ARE THERE ANY
QUESTIONS FROM THE AUDIENCE?
I HAVE JUST A COUPLE HERE I WOULD LIKE.
TO ASK.
I ASKED THIS OF YOUR REPRESENTATIVE AND
I DON'T REMEMBER WHETHER THAT WAS AT CORPUS OR .
AT BROWNSVILLE, WE ARE OBVIOUSLY INTERESTED IN
ALL THE USES THAT CAN BE MADE OF ESTUARINE AREAS,
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AND MINERAL HARVESTING IS ONE OF THOSE THAT IS
SPECIFICALLY MENTIONED IN THE BILL AND THE
RESULTS THEREOF.
IS YOUR ASSOCIATION PURSUING ANY INVES-
TIGATIONS OR TAKING ANY STANDS IN REGARD TO CON-
TROLLING POLLUTIONS THAT MAY RESULT FROM THE
EXPLOITATION OF PETROLEUM OR ANY OTHER MINERALS
THAT MAY BE AVAILABLE TO THEM OUT IN THE ESTUARINE
OR THE GULF AREAS?
MR. MEREDITH: i THINK IF THERE is ANY POSTURE THAT THE
INDUSTRY AS A WHOLE HAS TAKEN IN THIS RESPECT IS
TO SUPPORT REASONABLE REGULATIONS HAVING TO DO
WITH OUR ACTIVITIES. I THINK THEY STAND AS A
MATTER OF RECORD THAT WE HAVE SUPPORTED REGULA-
TIONS WHICH HAVE BEEN PROPOSED AND HAVE BEEN
ADOPTED IN THE STATE OF TEXAS.
MR. GALEGAR: WOULD THIS INCLUDE SUCH THINGS AS SUPPORT-
ING—AS TO USE AN EXAMPLE WE DID EARLIER THIS
MORNING--THE GALVESTON BAY STUDY, WHERE YOU
WERE ATTEMPTING TO GET—DEVELOPING INFORMATION
TO PREPARE A PLAN?
MR.MEREDITH: YES, IT CERTAINLY WOULD. CERTAINLY WOULD.
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288
I THINK THE INDUSTRY HAS SUPPORTED THIS STUDY
MONETARILY, IT HAS ALSO COOPERATED TO THE EXTENT
OF FURNISHING INFORMATION THAT IS REQUESTED IN
CONNECTION WITH THIS STUDY.
MR. GALEGAR: ALL RIGHT, i THINK THOSE ARE ALL THE QUES-
TIONS I HAVE. THANK YOU VERY MUCH, MR. MEREDITH.
OUR NEXT SPEAKER IS MR. J. M. MC REYNOLDS.
MR. MC REYNOLDS: MR. GALEGAR, MR. YANTIS, MEMBERS OF
THE PANEL.
GENTLEMEN, MY NAME IS J. M. MC REYNOLDS;
I AM VICE-PRESIDENT OF ENGINEERING FOR THE
HOUSTON LIGHTING £ POWER COMPANY. I AM VERY
PRIVILEGED TO BE HERE THIS AFTERNOON TO PRESENT
A STATEMENT OF THE HOUSTON LIGHTING & POWER COM-
PANY CONCERNING THE GALVESTON BAY ESTUARINE
SYSTEM.
OUR COMPANY AS THE SUPPLIER OF ELECTRI-
CAL ENERGY TO THE HOUSTON-GALVESTON AREA HAS A
GREAT INTEREST IN THE GALVESTON BAY ESTUARINE
COMPLEX. WE SHARE IN THE GENERAL INTEREST IN
GALVESTON BAY FOR ITS RECREATIONAL AND COMMERCIAL
VALUE TO THE PEOPLE OF THIS AREA WHO ARE OUR
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289
MR. U. M. MC REYNOLDS
CUSTOMERS BUT OUR PRIMARY INTEREST STEMS FROM
THE FACT THESE WATERS ARE ESSENTIAL TO THE
PROPER OPERATION OF OUR GENERATING PLANTS FROM
WHICH WE SUPPLY ELECTRICITY TO THESE CUSTOMERS.
AS WITH WATER, AN ADEQUATE SUPPLY OF DEPEND-
ABLE LOW COST ELECTRICAL ENERGY FOR INDUSTRIAL,
DOMESTIC AND OTHER NEEDS IS ESSENTIAL TO THE
WELFARE AND CONTINUING GROWTH OF OUR STATE.
SINCE THERE ARE NO RIVERS IN TEXAS SUITABLE FOR
LARGE HYDRO ELECTRIC PLANTS, THE ELECTRICAL
ENERGY REQUIREMENTS OF TEXAS ARE SUPPLIED ALMOST
ENTIRELY BY GENERATION IN THERMAL STEAM ELECTRIC
PLANTS. THESE REPRESENT 98% OF THE APPROXIMATELY
TWENTY MILLION KILOWATTS TOTAL GENERATING CAPA-
CITY OF THE STATE.
THE PRODUCTION OF ELECTRICAL ENERGY
FROM THERMAL PLANTS INVOLVES THE USC OF HIGH
PRESSURE STEAM WHICH IS EVENTUALLY EXHAUSTED
AT LOW PRESSURE TO A CONDENSER WHERE ITS REMAIN-
ING HEAT IS ABSORBED AND CARRIED OFF BY COOLING
WATER CIRCULATED THROUGH THE CONDENSER. THE
REQUIRED RATE OF FLOW OF THIS COOLING WATER IS
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290
MR. J. M. MC REYNOLDS
APPROXIMATELY 30 GALLONS FOR EVERY KILOWATT
HOUR PRODUCED OR, IN OTHER WORDS, 30,000,000
GALLONS OF COOLING WATER PER HOUR MUST BE CIR-
CULATED TO SUSTAIN A MODERN 1,000,000 KILOWATT
PLANT. THERE ARE TWO PRACTICAL METHODS OF DIS-
POSING OF THE HEAT ABSORBED FROM THE COOLING
WATER. ONE IS TO USE FRESH WATER AND PUMP THE
WATER OVER TOWERS WHERE THE HEAT DISSIPATION IS
ACCOMPLISHED BY EVAPORATION. THE OTHER METHOD
IS BY EXTENDED CIRCULATION OF RIVERS, LARGE
LAKES OR TIDAL WATERS WHERE THE HEAT IS DISSI-
PATED BY MIXING THE WARM WATER WITH COOLER WATER,
THE DISADVANTAGES OF USING COOLING TOWERS ARE
SEVERAL: THEY HAVE POOR RELIABILITY, ESPECIALLY
IN THIS AREA WHERE WE ARE PERIODICALLY SU3JECTED
TO TROPICAL STORMS; THEY HAVE A HIGH INITIAL
COST AS WELL AS EXCESSIVE MAINTENANCE COSTS,
AND THEY RESULT IN HEAVY FOG CONCENTRATION DUR-
ING CERTAIN WEATHER AND h'JMIDITY CONDITIONS.
HOWEVER, OF MORE IMPORTANCE TO THE PUBLIC IS
THE FACT THAT EFFICIENT COOLING TOWERS REQUIRE
GOOD QUALITY FRi£5H V/ATER WHICH IS CONSUMED AT
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231
MR. J. M. MC REYNOLDS
A RAPID RATE. IF COOLING TOWERS WERE USED TO
DISPOSE OF HEAT FROM ALL OF THE EXISTING GENERAT-
ING PLANTS IN TEXAS MORE THAN 120,000 ACRE-FEET
OF FRESH WATER WOULD BE CONSUMED ANNUALLY. BY
THE YEAR 1985 THIS FIGURE WOULD APPROACH A HALF
MILLION ACRE-FEET PER YEAR. CONSUMPTION OF
THIS MAGNITUDE WOULD 3E ALARMING. THE CONSERVA-
TION OF FRESH WATER HAS BECOME ESPECIALLY IMPOR-
TANT IN VIEW OF THE SUBSIDENCE PROBLEMS ALONG
THE GULF COAST. RECENT STUDIES MADE BY THE
STATE INDICATE THERE WILL 5E CRITICAL FRESH
WATER SHORTAGES IN TEXAS IN FUTURE YEARS.
WITH THESE CONSIDERATIONS IN MIND HOUSTON
LIGHTING & POWER COMPANY HAS ELECTED TO CIRCU-
LATE SALT OR BRACKISH WATER FROM THE GALVESTON
BAY SYSTEM FOR CONDENSER COOLING IN ITS NEWER
PLANTS. THIS ELECTION IS IN LINE WITH THE RECOM-
MENDATIONS OF THE TEXAS WATER DEVELOPMENT BOARD
AND THE TEXAS WATER RIGHTS COMMISSION. THESE
AGENCIES HAVE ENCOURAGED ELECTRIC UTILITIES
LOCATED IN COASTAL AREAS TO USE SALT WATER FOR
COOLING AS A MEANS OF CONSERVING FRESH WATER.
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292
MR. J. M. MC REYNOLDS
IT IS UNFORTUNATE THAT AN ATTEMPT HAS
BEEN MADE TO CLASS AS POLLUTION THE USE OF SALT
WATER FOR COOLING. ACCORDING TO WEBSTER'S DIC-
TIONARY TO POLLUTE IS "TO MAKE PHYSICALLY IMPURE
OR UNCLEAN: BEFOUL, DIRTY, TAINT." WE DO NOT
DO ANY OF THESE THINGS. UNTIL RECENTLY, WE
WERE UNAWARE THAT THERE WAS ANY CONCERN THAT
OUR USE OF GALVESTON BAY WATER PRODUCED ANYTHING
OTHER THAN BENEFICIAL EFFECTS. EXCEPT FOR THE
RISE IN TEMPERATURE WHICH AVERAGES FROM 8°F TO
14°F, THE PASSAGE AND USE OF THE COOLING WATER
THROUGH THE PLANT IN NO WAY ALTERS OR AFFECTS
ITS QUALITY, PHYSICAL PROPERTIES, OR VALUE FOR
OTHER PURPOSES.
THE DISCHARGE CANALS AT OUR PLANTS HAVE
ALWAYS BEEN POPULAR WITH FISHERMEN, SO MUCH SO
THAT PARKING AND OTHER FACILITIES WERE BUILT
AT THE P. H. ROBINSON PLANT NEAR BACLIFF TO
ACCOMMODATE THEM. THESE FACILITIES ARE USED
DAILY. WE HAVE AT TIMES COUNTED MORE THAN A
HUNDRED PEOPLE FISHING IN THE PLANT OUTFALL.
SINCE 1952 WHEN THE FIRST WEBSTER GENERATING
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293
MR. J. M. MC REYNOLDS
PLANT WAS PLACED IN OPERATION A CONGREGATION
OF FISHERMEN AROUND THE PLANT DISCHARGE OUTFALL
IN CLEAR LAKE HAS BEEN A COMMON SIGHT.
HOUSTON LIGHTING S POWER COMPANY HAS
ENGAGED INDEPENDENT CONSULTANTS TO PROVIDE
INFORMATION ON TEMPERATURE DISTRIBUTION AND RE-
LATED EFFECTS IN THE BAYS RESULTING FROM THE
DISCHARGE OF COOLING WATER FROM ITS POWER PLANTS.
THIS WORK HAS INCLUDED SAMPLING STUDIES OF PLANK-
TON BEFORE AND AFTER UNITS WERE PLACED IN OPERA-
TION; STUDY OF OXYGEN BALANCE IN THE PLANT COOL-
ING WATER SYSTEMS; AND SAMPLING STUDIES OF FISH
AND INVERTEBRATES IN GALVESTON BAY AT THE ROblN-
SON PLANT DISCHARGE POINT. THE PLANKTON STUDIES
WHICH BEGAN IN 1964 IN CLEAR LAKE INDICATE THAT
THE WEBSTER PLANT OPERATION HAS NOT RESULTED
IN A SIGNIFICANT CHANGE IN PLANKTON POPULATION
IN CLEAR LAKE, NOR HAS A PARTICULARLY DOMINANT
SPECIES EMERGED WHICH WOULD INDICATE A MAJOR
UPSET IN THE LAKE ENVIRONMENT. THE OXYGEN BAL-
ANCE STUDIES SHOW BENEFICIAL RESULTS. THE CIR-
CULATION OF WATER IN PLANT OPERATION RESULTS
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294
MR. J. M. MC REYNOLDS
IN A SUBSTANTIAL PICKUP OF OXYGEN IN THE WATER,
OCCURRING MAINLY IN THE DROP STRUCTURES. AT
CLEAR LAKE IT HAS BEEN FOUND THAT OXYGEN IS
3EING ADDED TO THE WATER AT THE RATE OF APPROXI-
MATELY 3600 POUNDS PER DAY. THE SAMPLING STUDIES
AT THE ROBINSON PLANT, WHILE NOT YET COMPLETE,
SHOW A GREAT ABUNDANCE OF MANY SPECIES OF FISH,
SHRIMP, AND CRABS ATTRACTED TO THE WARM WATER
OF THE PLANT DISCHARGE CANAL.
THERE IS AVAILABLE VERY LITTLE FACTUAL
INFORMATION TO ANSWER MANY OF THE QUESTIONS BE-
ING ASKED ABOUT THE ECOLOGY IN THE GALVESTON BAY
SYSTEM. A CONSIDERABLE AMOUNT OF RESEARCH AND
STUDY WORK IS NEEDED BEFORE ADEQUATE ANSWERS CAN
BE GIVEN, HOWEVER, WE MUST EMPHASIZE THAT IN NO
INSTANCE HAVE ANY OF THE STUDIES WE HAVE MADE
INDICATED THAT OUR OPERATIONS ARE ADVERSELY
AFFECTING THE GALVESTON BAY COMPLEX. UE ARE fiOST
WILLING TO COOPERATE IN FINDING ADDITIONAL
ANSWERS TO OUTSTANDING QUESTIONS. TO THIS END
WE HAVE ENTERED INTO A CONTRACT WITH TEXAS A. £
M. UNIVERSITY RESEARCH FOUNDATION FOR AN ORGANISM
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295
MR. d. M. MC REYNOLDS
SURVIVAL RATE STUDY AT OUR P. H. ROBINSON PLANT.
A SIMILAR STUDY WILL BE CONDUCTED AT THE NEW
CEDAR BAYOU PLANT. IN ADDITION, WE ARE WORKING
WITH The TEXAS WATER QUALITY BOARD AND THE GAL-
VESTON BAY STUDY GROUP IN AN ATTEMPT TO DEVELOP
ADDITIONAL MEANINGFUL INFORMATION CONCERNING
THE EFFECTS OF WARMWATER DISCHARGES ON THE
ECOLOGY OF GALVESTON SAY.
WE WISH TO RESTATE THAT WE RECOGNIZE THE
GALVESTON BAY ESTUARINE SYSTEM IS A MOST IMPOR-
TANT ASSET TO THE PEOPLE OF TEXAS. WE BELIEVE
THAT THESE WATERS, OUT OF NECESSITY, MUST BE
USED FOR MANY PURPOSES IN THE PUBLIC INTEREST.
THE REASONABLE USE OF THESE WATERS FOR COOLING
PURPOSE IS IN THE PUBLIC INTEREST. SUCH USE
BY OUR COMPANY HAS TO DATE CREATED NO KNOWN
PROBLEMS.
WE PLEDGE FULL COOPERATION TO THE E;,ID
THAT OUR COMPANY'S USE OF GALVESTON BAY WATER
WILL CREATE NO SIGNIFICANT PROBLEMS IN THE
FUTURE. WE ARE MOST ANXIOUS TO WORK WITH ALL
INTERESTED AGENCIES, STATE AND FEDERAL. TO
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MR. J. M. MC REYNOLDS
DATE IT HAS BEEN THE POLICY OF CONGRESS TO
VEST PRIMARY RESPONSIBILITY AT THE STATE AND
LOCAL LEVEL. WE BELIEVE THIS POLICY SHOULD
BE CONTINUED. EACH AREA HAS ITS OWN PROBLEMS.
CONDITIONS DIFFER. THE PROBLEMS WHICH SURROUND
TROUT FISHING IN MONTANA ARE IRRELEVANT IN A
CONSIDERATION OF THE ECOLOGY OF GALVESTON BAY.
WHEN CONTROL IS PLACED AT THE FEDERAL LEVEL
THERE IS A TENDENCY TO DEVELOP NATIONWIDE STAND-
ARDS AND GUIDELINES. THESE SIMPLY ARE NOT PRACTI-
CAL. AN INITIMATE KNOWLEDGE OF LOCAH.CONDITIONS
AND AREA NEEDS ARE PREREQUISITES TO A PROGRAM
OF EFFECTIVE OVERALL DEVELOPMENT WHICH WILL RE-
SULT IN MAXIMUM BENEFICIAL USE. PRIMARY REGULA-
TORY RESPONSIBILITY SHOULD REMAIN AT THE STATE
AND LOCAL LEVEL.
THANK YOU.
MR. GALEGAR: THANK YOU, MR. MC REYNOLDS.
ARE THERE ANY QUESTIONS? MR. WOOD ASKED,
ARE THERE COPIES OF THE REPORT YOU CITE AVAIL-
ABLE?
MR. MC REYNOLDS: MR. YANTIS HAS COPIES OF BOTH OF
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297
THESE AND THOSE HE DOESN'T HAVE WE WILL CERTAINLY
MAKE AVAILABLE TO HIM.
MR. GALEGAR: ALL RIGHT. WE CAN OBTAIN THOSE FROM
MR. YANTIS, THEN.
ARE THERE ANY OTHER QUESTIONS?
MR. YANTIS: BRIEFLY, WHEN THE TEXAS WATER QUALITY
STANDARDS WERE BEING COMPILED AND THEN LATER
ADOPTED WE HAD GRAVE RESERVATIONS AT THAT TIME
THAT WE KNEW ENOUGH ABOUT TEMPERATURES TO PUT
REALLY MEANINGFUL AND WISE TEMPERATURE LIMITA-
TIONS INTO THE STANDARDS.
THE FEDERAL PEOPLE TOOK A DIFFERENT VIEW
AND WE DO HAVE TEMPERATURE LIMITATIONS IN THE
STANDARDS.
WE STILL THINK THAT THIS IS ONE OF THE
THINGS THAT WE SIMPLY DON'T KNOW ENOUGH ABOUT
IN ORDER TO REGULATE WISELY. THE ELECTRICAL
INDUSTRY HAS SPONSORED RESEARCH. WE ARE TRYING
TO GET INTO IT. I THINK THERE IS SOME WORK ON
IT GOING ON ALL OVER THE UNITED STATES, BUT
THERE IS, I THINK, AN OPEN QUESTION IN THE FINER
REGIONS OF DECISION-MAKING ABOUT WHAT TEMPERATURE
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298
REALLY DOES.
MR. GALEGAR: ARE THERE ANY QUESTIONS HERE? ANY QUES-
TIONS FROM THE AUDIENCE?
MR. MC REYNOLDS, MAY I ASK YOU A COUPLE
OF QUESTIONS THAT TOUCHES THIS SUBJECT OF YOUR
TALK?
IN TERMS OF THE USE OF THE ESTUARINE
AREAS AS A SOURCE OF COOLING WATER, WOULD IT BE
POSSIBLE FOR YOU TO PROVIDE US SOME INFORMATION
WHICH WE MIGHT USE TO EITHER PREDICT HOW MUCH
MORE USE THE ESTUARINE WATERS WOULD HAVE ON THEM
FOR COOLING PURPOSES EITHER FROM YOUR COMPANY OR
AN ASSOCIATION YOU MIGHT BELONG TO, IN TERMS OF
HOW MUCH THE ESTUARINE WOULD THE ELECTRICAL INDUS-
TRY LIKE TO SEE USED FOR COOLING PURPOSES; HOw'
MUCH—AND I DON'T KNOW EXACTLY HOW THIS QUESTION
CAN BE PHRASED--BUT WHAT I AM REALLY ASKING YOU
IS HOW MUCH OF A HEAT SINK IS DESIRABLE FOR THE
ESTUARINE AREAS?
MR. MC REYNOLDS: WELL, ARE YOU ASKING OVER AN EXTREMELY
LONG PERIOD OF TIME, MR. GALEGAR?
MR. GALEGAR: WELL, I DON'T KNOW HOW LONG TO ASK THIS
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299
FOR IN THE FUTURE. I ASSUME THERE HAS BEEN SOME
PROJECTIONS MADE AT THE ELECTRICAL NEEDS THAT
WILL uE BASED IN THE ESTUARINE AREAS AND PRESUM-
ABLY THEY ARE PLACED THERE BECAUSE THEY WILL
MAKE USE OF THE ESTUARINE WATERS. I DON'T KNOW
WHAT A REASONABLE PERIOD OF TIME IS.
MR. MC REYNOLDS: WELL, IT WOULD BE POSSIBLE FOR US,
I BELIEVE, TO GIVE SOME FAIRLY REASONABLE ESTI-
MATE OVER THE NEXT TEN OR FIFTEEN YEARS, BUT
BEYOND THAT IT'S JUST A PERIOD THAT MIGHT 3E A
LITTLE BIT DIFFICULT TO DO.
MR. GALEGAR: ALL RIGHT. WELL, i THINK--
MR. MC REYNOLDS: i THINK i COULD GET THAT INFORMATION
TOGETHER. YES, SIR.
MR. GALEGAR: ALL RIGHT. WELL, i THINK ANYTHING ALONG
THESE LINES WOULD BE WELCOME TO PLACE IN THE
RECORD TO BE CONSIDERED. WE WOULD LIKE TO HAVE
AS MUCH INFORMATION CONCERNING ALL THE USES AS
IS POSSIBLE.
THE OTHER IS THAT YOU TOUCHED UPON COOL-
ING TOWERS AS A METHOD FOR COOLING, AND I AM
NOT ACQUAINTED ENOUGH WITH YOUR INDUSTRY TO KNOW
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300
WHAT ALTERNATIVES ARE AVAILABLE TO YOU IN ADDI-
TION TO THESE, BUT LET ME JUST PHRASE THE QUESTION
THIS WAY:
IS IT POSSIBLE TO PROVIDE US WITH INFOR-
MATION CONCERNING ALTERNATIVES FOR COOLING OF
YOUR EFFLUENTS THAT WE COULD PLACE INTO THE
RECORD?
MR. MC REYNOLDS: YES, SIR. YES, SIR.
MR. GALEGAR: ALL RIGHT, SIR. WE WOULD APPRECIATE HAVING
THAT.
NOW, ONE THIRD QUESTION. IS IT NECESSARY
TO USE ESTUARINE WATER OR COULD YOU USE WHAT WE
WOULD TERM SEA WATER AND THE DIFFERENCE BEING
ESTUARINE WATER IS THAT MIXTURE OF FRESH WATER
AND SEA WATER?
MR. MC REYNOLDS: YES, SIR. IT WOULD BE POSSIBLE, I
THINK, FOR US TO USE SEAWATER.
MR. GALEGAR: ALL RIGHT. IS IT PRACTICAL TO DO SO?
MR. MC REYNOLDS: PARDON ME. AT THE PRESENT TIME THERE
WILL HAVE TO BE DIFFERENT TECHNIQUES DEVELOPED,
BUT I BELIEVE THAT THIS IS CERTAINLY POSSIBLE
AND IT'S WITHIN THE CAPABILITIES OF THE INDUSTRY
-------
TO DO THIS.
MR. GALECAR: COULD WE HAVE YOUR THINKING ON THIS QUES-
TION, TOO?
MR. MC REYNOLDS: YES, SIR.
MR. GALEGAR: VERY WELL. THANK YOU VERY MUCH. WE APPRE-
CIATE YOU TAKING THE TIME TO GIVE US THIS INFORMA-
TION.
THE NEXT SPEAKER THAT I HAVE IS ROY W.
MANN, WHO IS SPEAKING FOR HIMSELF. ROY.
MR. HANN: THANK YOU, MR. GALEGAR, MR. YANTIS.
I MIGHT MENTION THAT A FORMAL STATEMENT
FROM TEXAS ASM UNIVERSITY DESCRIBING OUR CAPA-
BILITIES ,AND INTERESTS IN THE ESTUARINE AREA WILL
BE SUBMITTED LATER, I ALSO WILL SUBMIT THESE
COPIES TO YOU LATER.
MY PURPOSE TODAY IS TO APPEAR AS A CON-
CERNED PROFESSIONAL ENGINEER, CITIZEN, TO EXPRESS
A FEW COMMENTS REGARDING THE STATUS OF THOSE
ESTUARIES ON THE GULF COAST ABOUT WHICH I HAVE
SOME KNOWLEDGE. MY COMMENTS WILL BE BRIEF AND
TO THE POINT.
GULF COAST ESTUARIES DIFFER GREATLY FROM
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302
MR. ROY W. HANN, JR.
THE ESTUARIES ON EAST AND WEST COASTS BECAUSE
OF THE LIMITED TIDAL ACTION. THE SMALL TIDAL
RANGE--ON THE ORDER OF FOOT--RESULTS IN LIMITED
REOXYGENATION OF WATERS EXPERIENCING OXYGEN DE-
MANDS, RESULTS IN ABNORMALLY LONG SLUSHING TIME
FOR CONSERVATION MATERIALS DISCHARGED INTO THE
ESTUARINE WATER, AND RESULTS IN LOW CURRENT
VELOCITIES WHICH WILL NOT SCOUR ORGANIC SLUDGES.
AS A RESULT, SOME GULF COAST ESTUARIES
HAVE BEEN UNABLE TO ASSIMILATE THE TREMENDOUS
WASTE LOADINGS APPLIED TO THEM AND HAVE THUS
BECOME PRIME EXAMPLES OF POLLUTED WATER.
MY MAIN POINT IS TO EMPHASIZE THE UNIQUE-
NESS OF THESE ESTUARINE WATERS AND TO POINT OUT
THAT SIMILAR WASTE LOADINGS APPLY TO OTHER ESTUAR-
IES IN OTHER PARTS OF THE COUNTRY WOULD NOT CAUSE
SIMILAR PROBLEMS.
IN MY CLASSES I OFTEN DISCUSS WHAT I
ARBITRARILY CALL PERMANENT AND TEMPORARY POLLU-
TION.
TEMPORARY POLLUTION IS DESCRIBED AS THOSE
CONDITIONS WHICH WOULD QUICKLY CLEAR UP IF THE
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303
MR. ROY W. HANN, JR.
WASTE LOAD CAUSING THE POLLUTION WAS REMOVED.
PERMANENT POLLUTION IS DESCRIBED AS THOSE CONDI-
TIONS WHICH HAVE LONG-LASTING EFFECTS.
FOR EXAMPLE, THE ORGANIC SLUDGE DEPOSITS
FOUND IN SEVERAL TEXAS ESTUARIES AND TYPIFIED BY
THE OVER 20,000 ACRE FEET OF SLUDGE MATERIAL ON
THE BOTTOM OF THE HOUSTON SHIP CHANNEL AND ADJA-
CENT BAYS ARE AN EXAMPLE OF MORE PERMANENT POLLU-
TION.
I CONSIDER IT PERMANENT BECAUSE THE uOTTOM
COMPOSITION IS CHANGED WELL INTO THE FORESEEABLE
FUTURE AND BECAUSE OXYGEN DEMANDS WILL BE EXERTdD
ON OVERLYING WATERS BY THE DEPOSITS FOR YEARS.
WE MUST BE MORE CAREFUL TO PREVENT THE
DISCHARGE OF MATERIALS WHICH WILL HAVE LONG-LAST-
ING EFFECTS.
DURING THE LAST DECADE IT HAS BEEN NECdS-
SARY TO ABANDON THE SINGLE PROJECT CONCEPT OF
WATER RESOURCE DEVELOPMENT IN FAVOR OF A SYSTEMS
APPROACH. THIS PROVED NECESSARY BECAUSE WATER
RESOURCE PROJECTS WERE NO LONGER INDEPENDENT
ENTITIES BUT WERE INSTEAD HIGHLY RELATED TO ONE
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304
MR. ROY W. HANN, JR.
ANOTHER. IT APPEARS TO ME THAT ESTUARINE MANAGE-
MENT IN GENERAL HAS BEEN LAGGING BEHIND IN THE
CONSIDERATION OF ESTUARIES COMPONENTS AS AN
INTERRELATED SYSTEM. IN OTHER iVORDS, SINGLE
PROJECT ENVIRONMENTAL MODIFICATIONS, SUCH AS
UPSTREAM FLOW DIVERSIONS, FLOW DIVERSIONS, WITHIN
ESTUARIES, SHIP CHANNELS, DREDGING, FILLING OF
LOW-LYING AREAS AMD POLLUTION DISCHARGES GENERALLY
HAVE BEEN EVALUATED AS INDIVIDUAL ENTITIES.
IT IS MY BELIEF.THAT THE TIME IS FAST
APPROACHING WHEN ESTUARIES WILL NO LONGER BE UNDER
THE CONTROL OF THE WINDS OF NATURE BUT INSTEAD
WILL BE MANAGED BY MAN FOR THE BENEFIT OF MAN.
TOWARDS THIS END rt'E MUST MORE CAREFULLY
EVALUATE THE EFFECT OF ENVIRONMENTAL MODIFICATIONS
AND ENVIRONMENTAL POLLUTION ON THE SYSTEM AS A
WHOLE AND WE MUST TRAIN MORE PEOPLE WITH THE
TECHNICAL EXPERTISE TO MAKE SUCH ANALYSES.
THE BURDEN OF EVALUATING THE EFFECT OF
A PARTICULAR ENVIRONMENTAL MODIFICATION OR
ENVIRONMENTAL POLLUTION SHOULD REST WITH THE
PERSON OR ENTITY PROPOSING THE CHANGE. IT HAS
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305
MR. ROY W. HANN, JR.
COME TO MY ATTENTION THAT IN SOME CASES THOSE
ENTITIES PROPOSING WASTE DISCHARGES TO ESTUARINE
SYSTEMS HAVE NOT BEEN REQUIRED TO DESCRIBE THE
EFFECT THAT SUCH DISCHARGES WILL HAVE IN THE
SYSTEM.
IT IS MY OPINION THAT ENTITIES SHOULD BE
REQUIRED BY REGULATING AGENCIES TO DESCRIBE IN
DETAIL THE EFFECT WHICH THEIR PROPOSED DISCHARGE
WILL HAVE ON THE ENVIRONMENT AND THAT IT SHOULD
3E THE ROLE OF THE REGULATING AGENCY TO EVALUATE
THE ACCURACY OF SUCH PREDICTION BOTH PRIOR TO
PERMITTING THE DISCHARGE AND AFTER THE ENTITIES
BEGIN THEIR DISCHARGES.
IN CLOSING, I SEE MUCH HOPE IN THE PRO-
GRESS THAT IS EVIDENCED BY THE ATTENTION WHICH
IS BEING PAID TO OUR ESTUARIES AND BY THE ALLOCA-
TION OF RESOURCES TO ATTACK ESTUARINE PROBLEMS.
THE TEXAS WATER QUALITY BOARD AND THE FEDERAL
WATER POLLUTION CONTROL ADMINISTRATION ARE
PARTICULARLY COMMENDED FOR THEIR EFFORTS.
THE INVITATION TO PRESENT THESE IDEAS
IS DEEPLY APPRECIATED.
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306
MR. GALEGAR: THANK YOU, ROY. WOULD YOU PAUSE FOR JUST
A MOMENT? ANY QUESTIONS FROM THE AUDIENCE?
THANK YOU VERY MUCH, ROY.
THE NEXT SPEAKER IS MR. ADOLPH S. TENE-
BONNE. I MAY NOT BE PRONOUNCING THAT CORRECTLY.
IS HE HERE?
MR. TENEBONNE: MR. CHAIRMAN, CO-CHAIRMAN, GENTLEMEN
AND LADIES. I AM JUST A FISHERMAN. I AM NOT
CLAIMING TO HAVE ANY TECHNICAL KNOWLEDGE--! DON'T
HAVE — CLAIM TO HAVE ANY ACADEMIC KNOWLEDGE, BUT
I DO THINK, I BELIEVE I HAVE THE KNOWLEDGE OF
SELF-PRESERVATION.
NOW, I HAVE HEARD TECHNICAL KNOWLEDGE
ON TOP OF TECHNICAL KNOWLEDGE AND WE ARE ALL
*
GOING BACK TO SCHOOL. WELL, I FEEL AWFUL OUT
OF PLACE HERE. AS A MATTER OF FACT, IF I HAD
KNOWN THIS WAS A SCHOOL SESSION I WOULD HAVE
WORE MY BUSTER BROWN SUIT AND BROUGHT MY LUNCH
KIT ALONG. THAT IS WHAT THIS AMOUNTS TO.
WE HAVE HAD STUDIES, WE HAVE GOT LAWS
THAT ARE SEVEN YEARS OLD AND COLONEL MOON IS THE
FIRST PERSON THAT HAS BROUGHT TO THE ATTENTION
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307
MR. ADOLPH S. TENEBONNE
OF THE PUBLIC WHERE THIS HAS EVER BEEN ENFORCED.
NOW, SCHOOLING IS WONDERFUL AND STUDYING
IS WONDERFUL, BUT HERE'S A LAW THAT IS SEVEN
YEARS OLD. IF IT HAD BEEN ENFORCED TO ANY EXTENT
--JUST THINK OF THE PROBLEMS WE ARE FACING TODAY
THAT WE WOULDN'T HAVE. THAT IS THE SAME THING
WITH RIGHT NOW.
I AM NOT GOING TO DISCREDIT ANY OF THIS
TECHNICAL KNOWLEDGE. I AM NOT GOING TO DISCREDIT
ANY OF THESE STUDIES. BUT THERE IS A TIME TO
ACT AND NOW IS THE TIME TO ACT AS WELL AS STUDY.
THERE IS NOT ENOUGH EMPHASIS PLACED ON ACTION.
NOW, I HEARD A PERSON MENTION THE WORD
'•INDIANS/'1 AND I GOT TO THINKING AS A SENSE OF
HUMOR, JUST THINK WHERE WE WOULD BE IF OUR FORE-
FATHERS WOULD STOP TO STUDY WHERE A HOSTILE
INDIAU WAS ATTACKING; WHERE WOULD YOU BE? YOU
WOULDN'T BE HERE. MAN HAG SURVIVED BY LIVING
UNDER THE BASIC LAWS OF NATURE. WE AIN'T EVEN
TRYING. WE HAVE DECLARED AIR POLLUTION AGAINST
OURSELVES; WE HAVE DECLARED WATER POLLUTION
AGAINST OURSELVES.
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MR. ADOLPH S. TENEBONNE
DO YOU THINK THAT WE ARE INTELLIGENT?
I WILL TELL YOU, WE AIN'T. WE ARE ACADEMICALLY
LEARNING; WE ARE TECHNICALLY LEARNING, BUT WE
ARE NOT VERY SMART, BECAUSE REVERTING BACK TO
NATURE, THE ESSENTIALS OF LIFE IS NOT AUTOMOBILES,
ITS NOT TELEVISIONS, IT'S NOT PRETTY CLOTHES--
WATER, FOOD AND AIR, THOSE ARE THE THREE ESSEN-
TIALS OF LIFE.
AND WE HAVE JUST RUN 90 MILES AN HOUR
IGNORANTLY DESTROYING ALL OF THEM AND INSTEAD OF
TAKING ACTION TO CORRECT THAT WRONG WE ARE GOING
TO SCHOOL LIKE A BUNCH OF SCHOOLBOYS; WE ARE
GOING TO STUDY.
NOW, YOU HAVE STATE LAWS THAT ARE NOT
ENFORCED; YOU HAVE FEDERAL LAWS:THAT AREN'T
ENFORCED. AND SO ACTUALLY THE EMPHASIS ON THIS
STUDYING IS FINE. LET'S PUT THE EMPHASIS WHERE
IT WILL DO SOME REAL IMMEDIATE GOOD. LET'S PUT
IT ON OUR JUDICIARY SYSTEM OF THIS COUNTRY.
THAT IS WHERE THE REAL POLLUTION IS. THAT IS
THE SOURCE OF ALL POLLUTION, NOT JUST POLLUTION
IN THE WATER, POLLUTION IN THE AIR--YOUR CIVIL
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309
MR. ADOLPH S. TENEBONNE
DISOBEDIENCE POLLUTION, IT ALL COMES FROM YOUR
JUDICIARY DEPARTMENT BECAUSE THEY HAVE INTER-
PRETED THE LAWS OF THE LAND TO READ NOT INDIVIDU-
ALLY RESPONSIBLE BUT COLLECTIVELY RESPONSIBLE.
THAT IS WHAT IS WRONG.
THE CONSTITUTION OF THE UNITED STATES
IS WROTE IN ONE PERSON'S SIGNATURE. NOW, I
AM JUST AN INDIVIDUAL CITIZEN. EVERY TIME I
HAVE APPROACHED A FEDERAL AGENT I HAVE ACTUALLY
BEEN INSULTED. I HAVE FILLED OUT ONE OF YOUR
CARDS OUT THERE AND IT GAVE ME A SENSE OF BEING
INSULTED.
WHO DO YOU REPRESENT?
THE CONSTITUTION OF THE UNITED STATES
DOESN'T SAY I HAVE TO REPRESENT ANYBODY. ALL
I HAVE GOT TO BE IS AN AMERICAN CITIZEN TO GET
THOSE RIGHT.
NOW, I HAVE THE RIGHT TO LIVE AND THAT
IS WHAT I AM FIGHTING FOR, MY LIFE. AND INDIRECTLY
I AM FIGHTING FOR YOURS, BECAUSE WITH ALL OF
YOUR TECHNICAL KNOWLEDGE AND ALL OF YOUR ACADEMIC
LEARNING YOU AIN'T LEARNED HOW TO LIVE YET
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MR. ADOLPH S. TENEBONNE
WITHOUT WATER, FOOD AND AIR. AND WE ARE GOING
90 MILES AN HOUR DESTROYING THEM ALL AND WE
ARE GOING TO STUDY.
NOW, I HAVE A LOT OF TECHNICAL INFORMA-
TION HERE. I HAVE TECHNICAL INFORMATION HERE TO
THE EXTENT THAT UNDER ANY GIVEN WEATHER CONDITION
WITH THE AMOUNT OF HYDROGEN SULFIDE IN GALVESTON
BAY THAT THE COMPLETE INHABITANTS OF THIS ISLAND
COULD BE WIPED OUT OVERNIGHT; AND WE ARE GOING TO
STUDY?
I HAVE SCIENTIFIC INFORMATION HERE BY
THE UNITED STATES WILDLIFE SERVICE WHERE BOTULISil
IS PRESENT THROUGHOUT THE GULF COAST; THAT AT
ANY GIVEN TIME ANY NUMBER OF INHABITANTS WHO
EAT FISH OR SHRIMPS OR CRAB CAN DIE FROM BOTULISM
AND YOU ARE GOING TO STUDY?
I V/OULD LIKE TO SAY THIS: JUST HOW
STUPID CAN WE GET? WE ARE GETTING SMART, BUT
WE ARE ALSO GETTING STUPID ALONG WITH IT.
NOW, I HAVE TALKED WITH LEGAL PEOPLE,
BECAUSE TO ME THERE IS THE SOLUTION TO POLLU-
TION. I HAD A MEETING WITH A JUDGE RIGHT HERE
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MR. ADOLPH S. TENEBONNE
IN THE STATE OF TEXAS ON THIS OYSTER QUESTION,
OF PUBLIC RECORD, OF GOING TO THE EXTENT OF SAY-
ING WHEN THE OYSTER MEN PROTESTED THE SHELL DREDG-
ERS THEY HAD NO INTEREST IN THE SHELL DREDGERS;
THE SHELL DREDGERS BOUGHT SHELL THAT BELONGED TO
THE STATE OF TEXAS.
ALL RIGHT. STOP AND THINK ABOUT THAT.
WHO IS THE STATE OF TEXAS? ISN'T IT THE INHABIT-
ANTS? THE STATE OF TEXAS IS A MYTH. IF YOU
TOOK EVERY PERSON ALIVE OUT OF THE STATE OF TEXAS
WHERE WOULD THE STATE OF TEXAS BE?...GO RIGHT
BACK TO THE INDIANS, WOULDN'T IT?
WELL, THAT IS WHAT YOU ARE ADVOCATING
BY THE JUDICIARY INTERPRETATION OF THE LAW.
THAT IS LIKE THIS REFUSE PART OF THE FEDERAL CODE
THAT IS SEVEN YEARS OLD.
NOW, THIS IS HOW THIS WAS HANDLED: THIS
WAS ENACTED BY THE CONGRESS, HANDED OVER TO THE
ARMY ENGINEERS WITHOUT ONE CENT APPROPRIATION
TO CONDUCT IT. I WILL TELL YOU WHAT HAPPENED TO
IT. THREE YEARS AGO I DUG IT UP. I DON'T THINK
ANYBODY EVEN KNEW ABOUT IT IN THIS AREA UNTIL
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MR. ADOLPH S. TENEBONNE
THREE YEARS AGO. YOU CAN CHECK WITH YOUR LIBRARY
OF CONGRESS AND YOU WILL BE AMAZED ON HOW MANY
TIMES THIS LAW WAS CITED. YOU CAN COUNT THEM
ON ONE HAND AND KNOCK DOWN THREE FINGERS. THAT'S
HOW MANY TIMES IT WAS USED IN THE PAST SEVEN
YEARS, UP UNTIL COLONEL MOON COME UP WITH HIS
43 CASES THAT ARE BEFORE THE U. S. DISTRICT
ATTORNEY NOW.
NOW, I WILL SAY THIS: ALL OF THIS IS
WELL AND GOOD, BUT WE HAVE GOT TO ACT; WE HAVE
GOT TO PUT THE EMPHASIS WHERE IT BELONGS, BECAUSE
EVERY DAY WE ARE WAITING ON PUTTING THE EMPHASIS
WHERE IT BELONGS WE ARE SUBJECTING YOUR LIFE
AND MY LIFE TO DESTRUCTION AT OUR OWN HANDS.
NOW, THAT IS CONTRARY TO THE LAW OF
NATURE. SELF-PRESERVATION IS THE FIRST LAW OF
NATURE. HOW CAN YOU KID YOURSELVES AND THEN
PROFESS TO BE SMART? I CAN'T SEE NO INTELLIGENCE
THERE.
THAT IS JUST LIKE COMMITTING SUICIDE--
TAKE A GUN--ALL RIGHT—THAT IS SOMETHING THAT
IS VERY TANGIBLE. YOU SEE THE GUN IN MY HAND,
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MR. ADOLPH S. TENEBONNE
BLOW MY HEAD OFF--ALL RIGriT. BUT THIS POLLUTION
IS SOMETHING THAT IS TEN TIMES MORE DANGEROUS
TO EVERYBODY, BUT IT'S SOMETHING THAT IS SLOWLY
CREEPING ON--BEEN CREEPING ON EVER SINCE THE DAY
MAN WAS BORN. HE HAS BEEN POLLUTING THE AIR--
EVERY TIME HE EXHALES HE POLLUTES THE AIR.
THE POPULATION IS INCREASING AND WE ARE
JUST KEEPING ON POLLUTING UNADULERATED.
NOW, THESE STUDIES IS ALL RIGHT, THEY
MAY HAVE THE FACTS AND THEY MAY HAVE THE PLACE--
THEIR PLACE, 3UT IMMEDIATE ACTION IS NECESSARY
TO SAFEGUARD THE HEALTH AND LIVES OF THE PEOPLE!,
INCLUDING YOUR OWN.
NOW, THESE LAWS ARE INADEQUATE. ANY
INDUSTRIAL LAWYER, ANY CITY LAWYER CAN BEAT YOUR
EARS DOWN. BUT I AM GOING TO TELL YOU SOMETHING,
YOU CAN'T BUILD A HOUSE UNLESS YOU GET STARTED
ON IT, AND ALL OF THE BLUEPRINTING IN THE WORLD
AIN'T GOING TO MAKE NOTHING HAPPEN TO THOSE BLUE-
PRINTS. YOU CAN TAKE ALL OF THAT PAPER, BUT
IT AIN'T GOING TO STOP IT. AND THAT'S THE SAME
THING WITH THIS STUDY. YOU HAVE GOT TO GO TO
-------
MR. ADOLPH S. TENEBONNE
WORK FIRST. ALONG WITH THIS PAPER YOU HAVE GOT
TO ALWAYS WORK.
AS I SAY, THE REAL ANSWER IS IN YOUR
JUDICIARY INTERPRETATION OF THE LAW. NOW, I
HAVE HEARD OVER AND OVER AGAIN THAT JUSTICE
SHOULD BE TEMPERED WITH WORSHIP. THEREIN LIES
ONE OF THE WORST INTERPRETATIONS OF JUSTICE THERE
IS. I AM SURE THAT A LOT OF YOU ARE FATHERS AND
MOTHERS. IF YOU DON'T CORRECT YOUR CHILD THE
FIRST TIME HE DOES SOMETHING WRONG HE IS GOING
TO GO ALONG AND GET INTO WORSE THINGS. THAT'S
THE SAME THING HERE. IF YOU DON'T GET STARTLD
AND DO SOMETHING IT'S GOING TO GO ON WORSE ANO
WORSE ALL THE TIME WHILE YOU ARE STUDYING. YOU
HAVE GOT TO GET STARTED.
THESE LAWS SHOULD DE PRESSED AND LROUGHT
INTO COURT IN THE PROPER INTERPRETATION.
NOW, I AM GOING TO TELL YOU WHY I AM SAY-
ING THIS: AS AN EXAMPLE RIGHT HERE WITHIN THE
CITY WHICH I AM FAMILIAR WITH--GALVESTON, MY
HOMETOWN THAT I WAS DORN AND RAISED IN--IF YOU
MOVE INTO THE CITY LIMITS YOU HAVE TO HAVE A
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315
MR. ADOLPH S. TENESONNE
SANITARY TOILET. THAT'S THE LAW. BUT YET THAT
SAME CITY CAN FIGHT THAT SEWAGE, UP UNTIL JUST
HERE RECENTLY, RAW RIGHT OUT INTO YOUR WATER,
CONTAMINATING THE FOOD THAT YOU, IN TURN, EAT.
NOW, HOW IS THAT? IT AIN'T VERY SMART, IN MY
BOOK.
THERE IS NO LAW THAT SAYS--TO ENFORCE
THAT UP UNTIL JUST HERE RECENTLY, AND IN THE
MAJORITY OF CASES THESE THINGS ARE CORRECTED ONLY
BY PUBLIC DEMANDS. THEY ARE NOT CORRECTED BY
ANY WRITTEN LEGISLATION.
AND SO FOR MY PART I'D SAY THAT WE OUGHT
TO INSIST ON FRANK INTERPRETATION OF THE LAW TO
APPLY TO EVERYBODY.
NOW, TO MY KNOWLEDGE OF TALKING WITH
LAWYERS--I AM NOT A LAWYER--I HAVE TALKED TO
LAWYERS--I WAS BORN AND RAISED ON THIS ISLAND--I
HAVE TALKED WITH A PROMINENT ATTORNEY FOR YEARS
AND YEARS, WHO I ASSOCIATED WITH AS A FRIEND, AND
TALKED THE ASPECTS OF THIS THING AND IT'S ACTUALLY
HIS INTERPRETATION THAT I HAVE TRIED TO RELATE
TO YOU PEOPLE NOW, AND THAT IS THE CORRECT
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MR. ADOLPH S. TENEBONNE
INTERPRETATION OF THE LAW. NO LAW IS WROTE WITHIN
THE BOUNDS OF THE CONSTITUTION OF THE UNITED
STATES THAT DOESN'T APPLY TO EVERYBODY.
BUT YOUR JUDICIARY SYSTEM HAS INTERPRETED
THAT LAW TO EXCLUDE CERTAIN GROUPS, CERTAIN PEO-
PLE OF PRESTIGE, CERTAIN PEOPLE OF WEALTH, AND
IT'S NOT JUSTICE, AND YOU WILL NEVER ACCOMPLISH
ANYTHING UNTIL 'THAT ONE CONDITION IS RECTIFIED,
BECAUSE HERE I AM A POLLUTANT AND I AM, YOU ARE,
WE ALL ARE. THIS IS NOT A PROBLEM FOR ANY
INDIVIDUA; IT'S A PROBLEM FOR EVERYBODY.
IF I CORRECT MINE UNDER THE LAW, THEN
I AM JUST A SIMPLE FISHERMAN--I DON'T HAVE TOO
MANY FINANCIAL MEANS TO HIRE EXPENSIVE LAWYERS
OR ANYTHING ELSE--I AM GOING TO BE SUBJUGATED
UNDER THAT LAW. BUT HERE COMES AN INDUSTRY WITH
UNLIMITED AMOUNT OF CAPITAL TO HIRE LEGAL CON-
SULTANTS AND THEY WILL EITHER GET OUT OF THE LAW
OR THEY WILL KEEP YOU IN THE LAW COURT FOR THE
NEXT 20 YEARS. IS THAT JUSTICE?
AND ALL OF THIS STUDYING WITHOUT ACTION--
LEGAL ACTION, LIKE COLONEL BENDER, WHEN I ASKED
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MR. ADOLPH S. TENEBONNE
HIM THE QUESTION, WHAT IS $2500 TO ANY BIG
CHEMICAL OUTFIT? IT'S NOTHING.
NOW, TO ME $2500 IS JUST ABOUT A THIRD
OF THE NET PROFIT THAT I MAKE A YEAR. THAT IS
A LOT OF MONEY TO ME, BUT IT AIN'T NOTHING TO
THEM.
SO YOU SEE, YOUR REAL POLLUTION IS IN
YOUR JUDICIARY, ENFORCEMENT OF ADEQUATE LAWS
WHICH DON'T EXIST.
NOW, YOU CAN COME UP WITH ALL THIS STUDY
AND LORD KNOWS I KNOW THERE IS MILLION A TON OF
THIS STUDY — MILLIONS OF TONS RIGHT HERE IN THIS
HALL TODAY, REPETITION OF THE SAME COCKEYED THING,
JUST LIKE RIGHT NOW WE HAVE GOT A STATE STUDY;
YOU HAVE GOT AN INDUSTRIAL STUDY; YOU HAVE GOT
A FEDERAL STUDY. WASTING YOUR TIME, WASTING YOUR
MONEY. ALL OF YOU DOING THE SAME THING. WHERE
IS ANY RESULT GOING TO COME FROM THAT? BECAUSE
IN THE ULTIMATE END, WHAT YOU FIND OUT, WHAT
HE FINDS OUT, WHAT I FIND OUT AIN'T GOING TO
MEAN A CONTINENTAL THING UNTIL IT GOES 3EFORE
A LAW COURT. THERE IS WHERE EVERYTHING IS
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MR. ADOLPH S. TENEBONNE
SETTLED. THAT JUDGE IS THE MAN GOING TO RENDER
THE DECISION. THAT IS WHAT YOU THINK--NOT WHAT
YOU THINK, NOT WHAT I THINK, NOT WHAT YOUR STUDY
COMES UP WITH, NOT WHAT HIS STUDY COMES UP WITH
BUT WHAT THAT JUDGE IS GOING TO SAY. THAT IS
THE ULTIMATE END OF ANYTHING IN THIS COUNTRY.
AND WE HAVE GOT TO GO 3Y THE LAW. AND IT'S
THE ONLY WAY THAT MAN CAN SURVIVE, BY OBEYING
THE LAW. BUT THE SAME LAW HAS TO BE OBEYED BY
EVERYBODY. AND IT ALSO HAS TO BE ENFORCED ON
EVERYBODY.
NOW, LOOKING AT IT FROM A PURELY SELF-
PRESERVATION ANGLE, NONE OF THIS WEALTH THAT rt'E
ARE TRYING TO ACCLAIM; NONE OF THIS PRESTIGE WE
ARE TRYING TO ACCLAIM AS INDIVIDUALS, I WILL
TELL YOU FRANKLY, I CAN'T SEE WHERE IT'S WORTH
ANYTHING TO ANYBODY IF YOUR HEALTH IS INJURED OR
YOUR LIFE IS IMPAIRED PERMANENTLY. THIS IS THE
ONLY LIFE YOU HAVE GOT. IN MY BOOK THAT IS THE
MOST IMPORTANT THING I HAVE GOT. IT'S THE MOST
IMPORTANT THING I WILL EVER HAVE. AND TO STAND
AROUND AND STUDY WHEN THERE ARE SOME ACTIONS
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MR. ADOLPH S. TENEBONNE
THAT CAN BE TAKEN ON THIS STUFF, I DON'T GO
ALONG WITH IT WHATSOEVER.
NOW, THIS ISN'T MUCH OF A CONTRIBUTION,
I KNOW, BUT I AM GOING TO GIVE IT TO YOU WITH
THIS THOUGHT: THAT YOU CAN PLACE THIS INFORMA-
TION ALONG WITH THE REST OF YOUR PAPERS--IN ABOUT
SIX MONTHS YOU CAN THROW IT ALL IN THE INCINERA-
TOR AND BURN IT AND POLLUTE THE AIR.
MR. GALEGAR: THANK YOU, MR. TENEBONNE. ARE THERE ANY
QUESTIONS?
MR. YANTIS: MR. TENEBONNE.
MR. GALEGAR: MR. YANTIS HAS A QUESTION.
MR. TENEBONNE: SURELY.
MR. YANTIS: I SPEAK BETTER FRENCH, I THINK, THAN BILL
GALEGAR. CAPTAIN TENEBONNE, I DO APPRECIATE
YOUR REMARKS AND I DID WHEN YOU SPOKE TWO YEARS
AGO AT A PUBLIC HEARING WE HELD DOWN IN THE GAL-
VESTON COUNTY COURTHOUSE WHEN WE WERE ADOPTING
THE TEXAS QATER QUALITY STANDARDS. I THINK MANY
OF THE THINGS YOU HAVE SAID ARE ENTIRELY TRUE
AND TO THE POINT. I THINK SOMETIMES YOU ARE
TRYING TO GET TO THE SAME PLACE WE ARE, ALTHOUGH
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320
YOU DON'T EXPRESS IT IN QUITE THE SAME WAY.
I HAVE A LITTLE MORE FAITH IN OUR
JUDICIARY, PERHAPS, THAN YOU DO. I THINK PER-
HAPS MORE IS BEING DONE THAN YOU REALIZE IS BEING
DONE. BUT I THINK IN YOIRWAY, AND I KNOW IN MY
WAY WE ARE TRYING TO SAY THAT WE ARE DEEPLY AND
HONESTLY CONCERNED ABOUT THE WORLD WE LIVE IN
AND I THINK WE SHOULD BE. I DO THINK PROGRESS
IS BEING MADE. SOMETIMES IT'S TOO SLOW. I DON'T
THINK ALL THE PAPER WORK IS REALLY WASTED.
REMEMBER THE GENERAL THAT GOT ON HIS
HORSE AND RODE OFF IN ALL DIRECTIONS AT ONCE.
WE SIMPLY CAN'T DO THAT. WE MUST LOOK BEFORE WE
LEAP. WE DO HAVE TO PLAN BEFORE WE ACT.
SO I THINK SOME OF THIS PAPER WORK IS
VALUABLE; IT'S NECESSARY. BUT I DO AGREE WITH
YOU THAT IF WE PLAN AND DO NOT ACT THIS IS USE-
LESS.
I THANK YOU FOR YOUR STATEMENT. I THINK
THAT WE MUST HEAR FROM THE PEOPLE--THE PEOPLE
WHO ARE CONCERNED, AND I THINK THAT EVENTUALLY
WE WILL PRODUCE SOME BENEFIT FROM THAT, THE
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BENEFIT THAT WE ARE TRYING TO PRODUCE.
SO THANK YOU.
MR. GALEGAR: MY APOLOGIES, CAPTAIN TENEBONNE, FOR MIS-
PRONOUNCING YOUR NAME. MY GLASSES AREN'T READ-
ING TOO WELL THIS LATE IN THE DAY.
ARE THERE--
MR. YANTIS: YOU KNOW, IT SEEMS NEARLY EVERY OTHER PERSON
HAS SAID SOMETHING ABOUT GIVING THIS COUNTRY BACK
TO THE INDIANS. WELL, BILL GALEGAR SAYS HE WON'T
TAKE IT.
MR. GALEGAR: I HAVE GOT A COMMENT, BUT I CAN'T TELL IT
IN MIXED COMPANY.
(LAUGHTER).
MR. GALEGAR: ARE THERE ANY QUESTIONS ON MY LEFT?
ALL RIGHT. ARE THERE ANY QUESTIONS IN
THE AUDIENCE?
VERY WELL. WELL, I THINK I CAN ECHO
HUGH'S COMMENTS TO A CERTAIN EXTENT. CAPTAIN
TENEBONNE, IN THE FACT THAT IT DOES SEEM LIKE IT
TAKES A LONG TIME AND NO DOUBT BUT IT DOES, WE
ARE DEALING WITH MAJOR ECONOMIC RESOURCES IN
THE COUNTRY IN THESE DAYS AND WHEN WE MAKE A
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CHANGE WE LIKEWISE ARE DEALING WITH MAJOR CHANGES.
SO TO THE EXTENT THAT IT'S POSSIBLE, WE WANT TO
MOVE FAST, BUT WE MUST MOVE IN THE RIGHT DIREC-
TION AND WE MUST MOVE WITH SOME DEGREE OF CARE.
THAT IS THE LAST CARD THAT I HAVE ON MY
LIST. ARE THERE ANY OTHERS IN THE AUDIENCE THAT
I HAVE LEFT OUT? I DO NOT HAVE A CARD FOR THOSE
WHO MAY HAVE COME IN LATE AND WISH TO MAKE A STATE-
MENT.
VERY WELL. THEM I WOULD LIKE TO ADVISE
YOU OF THIS: THAT THE RECORD FOR THIS PUbiLIC
MEETING WILL REMAIN OPEN FOR 15 DAYS FOR THE ADDI-
TION OF ANY INFORMATION THAT ANYONE WISHES TO
MAKE, WHETHER YOU HAVE SUBMITTED ANYTHING AT THIS
MEETING OR NOT. IF YOU CARE TO MAKE SUCH ADDI-
TIONAL INFORMATION AVAILABLE TO US I WOULD ASK
THAT YOU WOULD SEND IT TO ME, AND MY NAME--IF MY
NAME ESCAPES YOU--IS WILLIAM C. GALifGAR. SEND
IT TO THE REGIONAL DIRECTOR, FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION, 1402 ELM STREET,
DALLAS, TEXAS, ZIP CODE 75202. THAT INFORMATION
WILL BE ADDED TO THE RECORD.
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IN CLOSING I WOULD LIKE TO SAY THAT IT
HAS BEEN A REAL PRIVILEGE AND A PLEASURE TO
CO-CHAIR WITH THE STATE OF TEXAS THIS PUBLIC MEET-
ING WHICH STARTED OUT DOING THE JOB THAT WE ALL
FEEL IS GOING TO BE NECESSARY AND THAT IS HOW TO
PROPERLY MANAGE THE ESTUARINE RESOURCES OF THIS
NATION, OF WHICH TEXAS HAS A LARGE AND EXTENSIVE
BOUNDARY.
IN ADDITION TO THAT I WOULD LIKE TO RECOG-
NIZE, AS I DID EARLIER, THAT WE ARE THE GUESTS OF
THE CITY OF GALVESTON, AND WE WISH TO THANK MAJOR
SCHREIBER--MAJOR?...MAYOR SCHREIBER, MR. RAY
HOOKER OF THE GALVESTON CHAMBER OF COMMERCE,
JOE DIXON, TEXAS AIR AND WATER RESOURCES FOUNDA-
TION AND MR.JERRY COLCMAN, THE HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNMENTS.
WE WISH TO ALSO TilANK ALL OF THOSE WHO
HAVE TAKEN THE TIME FROM THEIR BUSY SCHEDULES
THAT THEY COULD COME AND PARTICIPATE WITH US IN
THIS MEETING AND SHARE THEIR THOUGHTS WITH US.
IT BEHOOVES THEM AND YOU WHO HAVE COME
HERE TO SHARE IN THIS TASK, BECAUSE IT'S YOUR
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CONTRIBUTIONS THAT WILL LARGELY DIRECT WHAT
HUGH YANTIS1 AGENCY AND THE OTHER TEXAS STATE
AGENCIES AND THE FEDERAL GOVERNMENT DOES IN TERMS
OF THESE VALUABLE RESOURCES.
SO ON BEHALF OF HUGH AND MYSELF AND OUR
OTHER STAFF MEMBERS WE WISH TO THANK YOU.
WITH THAT WE WILL ADJOURN.
_A_D_D_E._N_D_U_M_
STATEMENT TO BE MADE FOR HEARING-UNITED
STATES DEPT. OF INTERIOR FEDERAL WATER POLLUTION
CONTROL ADMIN., HELD AT GALVESTON, TEXAS, OCTOBER
8, 1968:
MY NAME IS DICK RAYCRAFT. I AM ASSIST-
ANT TO HARRIS COUNTY JUDGE BILL ELLIOTT, WHO
COULD NOT BE HERE TODAY DUE TO PRIOR COMMITT-
MENTS.
I DO NOT HAVE A PREPARED STATEMENT, BUT
ON BEHALF OF HARRIS COUNTY I WOULD LIKE TO SAY
FOR THE RECORD THAT WE ARE COGNIZANT OF THE FACT
THE SHIP CHANNEL THAT FLOWS FROM HOUSTON IS A
MAJOR POCKET OF POLLUTION DUE TO INDUSTRIAL WASTES
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WE ARE SEEKING SOLUTIONS TO THIS PROBLEM, AS WELL
AS TO OTHER POLLUTION PROBLEMS IN HARRIS COUNTY.
IN DOING SO, WE ARE WILLING TO WORK WITH STUDY
GROUPS, SUCH AS THE GALVESTON BAY STUDY GROUP,
OR WITH ANY AGENCY IN ATTEMPTING TO FIND FEASIBLE
METHODS TO COMBAT THIS ACUTE PROBLEM OF UNCLEAN
WATER.
COMMENTS PREPARED BY THE WATER SUPPLY
AND SEA RESOURCES PROGRAM, PUBLIC HEALTH SERVICE,
REGION VII, PRESENTED AT THE PUBLIC MEETING ON
POLLUTION PROBLEMS ASSOCIATED WITH ESTUARINE
AREAS, OCTOBER 8, 1968, GALVESTON TEXAS:
HEALTH IS A MAJOR CONCERN IN ESTUARY
MANAGEMENT.
ESTUARIES EITHER PRODUCE OR ARE IN THE
PRODUCTION CHAIN OF MANY OF OUR SEAFOODS. HEALTHY
ESTUARIES ARE ABSOLUTELY NECESSARY TO SUSTAIN
REPRODUCTION AND GROWTH FOR MANY SPECIES OF FISH,
SHRIMP, CRABS, AND SHELLFISH. MOST OF OUR SHELL-
FISH ARE PRODUCED IN ESTUARIES - ABOUT 95% OF
THE TEXAS OYSTER PRODUCTION COMES FROM GALVESTON
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BAY. SINCE SHELLFISH CONCENTRATE BACTERIA,
VIRUSES AND CHEMICALS, GROWING WATERS MUST MEET
STRICT QUALITY REQUIREMENTS TO ASSURE THAT SHELL-
FISH ARE SAFE TO EAT.
ESTUARIES ARE A MAJOR PART OF OUR WATER
RECREATIONAL PLAYGROUND. ENJOYMENT OF THESE
WATERS SHOULD NOT BE MARRED BY KISHAP, NOR SHOULD
IT BE MARRED BY DISEASE AND SICKNESS. RECREA-
TIONAL WATERS SHOULD AND MUST RE MAINTAINED IN
BOTH QUALITY AND CONDITION FOR THE FULL ENJOYMENT
OF OUR PEOPLE.
ESTUARIES CAN AND DO PRODUCE VECTORS
SUCH AS MOSQUITOS AND OTHER INSECTS WHICH MAY
TRANSMIT DISEASE AS WELL AS CAUSE DISCOMFORT
TO THEIR VICTIMS. WATER DEPTH, SHORELINE CON-
FIGURATION, AQUATIC GROWTHS AND TEMPERATURES
ARE CONTROLLABLE FACTORS THAT AFFECT THE REPRO-
DUCTION OF THESE HARMFUL NUISANCES.
THE PUBLIC HEALTH SERVICE HAS LONG tsEEN
IN THE BUSINESS OF PROTECTING THE PUBLIC'S
HEALTH AND IN ASSISTING OTHERS TO PROTECT THE
PUBLIC'S HEALTH. WE ARE, THEREFORE, SERIOUSLY
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AND INTIMATELY CONCERNED WITH WATER QUALITY AS
IT RELATES TO HEALTH.
ON SEPTEMBER 1, 1966, PRESIDENT JOHNSON
APPROVED AN INTERDEPARTMENTAL AGREEMENT BETWEEN
THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE
AND THE DEPARTMENT OF THE INTERIOR. THIS AGREE-
MENT SETS FORTH THE RESPONSIBILITIES OF THE TWO
DEPARTMENTS IN THE FIELD OF WATER POLLUTION CON-
TROL. UNDER THIS AGREEMENT, THE SURGEON GENERAL
OF THE PUBLIC HEALTH SERVICE SHALL PROVIDE CON-
SULTATION, ADVICE AND ASSISTANCE RELATIVE TO
THE HEALTH ASPECTS OF WATER POLLUTION, ESPECI-
ALLY AS IT AFFECTS MAN'S DRINKING WATER; WATER
CONTACT IN RECREATION AND WORK; TO THE CONTAMINA-
TION OF FOOD SOURCES, PARTICULARLY SHELLFISH,
AND TO SPECIFIC INSECT VECTORS OF DISEASE.
IN REFERENCE TO THE PROTECTION OF SHELL-
FISH GROWING WATERS, IT HAS BEEN AGREED THAT THE
FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
WILL SUBMIT TO THE PUBLIC HEALTH SERVICE FOR
REVIEW, CONSTRUCTION GRANT APPLICATIONS FOR WASTE
TREATMENT FACILITIES AND FEDERAL INSTALLATIONS
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WHOSE OPERATION MAY ADVERSELY AFFECT SHELL-
FISH GROWING WATERS. IN 3UCH REVIEWS, THE PUB-
LIC HEALTH SERVICE, IN COOPERATION WITH THE
STATE SHELLFISH CONTROL AUTHORITIES, PROVIDES
THE FEDERAL WATER POLLUTION CONTROL ADMINISTRA-
TION WITH INFORMATION REGARDING THE SPECIES,
QUANTITY OF SHELLFISH AND THE LOCATION OF THE
BEDS IN RELATION TO THE TREATMENT FACILITY OUT-
FALL WITH COMMENTS CONCERNING THE EFFECTS WHICH
MIGHT BE EXPECTED TO THE GROWING AREAS. RECOM-
MENDATIONS ARE ALSO MADE TO INCORPORATE IN THE
SEWERAGE SYSTEM DESIGN CRITERIA, DEVICES AND
SAFETY FEATURES WHICH MAY BE EXPECTED TO PROVIDE
MAXIMUM RELIABILITY FOR UNIFORM QUALITY OF THE
EFFLUENT OF THE WASTE TREATMENT PLANT.
THE PUBLIC HEALTH SERVICE HAS BEEN IN-
VOLVED IN THE NATIONAL SHELLFISH SANITATION PRO-
GRAM IN COOPERATION WITH THE STATES, OTHER FED-
ERAL AGENCIES AND THE SHELLFISH INDUSTRY FOR
MORE THAN FORTY YEARS. THE MAJOR OBJECTIVE OF
THIS PROGRAM IS TO ASSURE CONTINUED SAFE USE OF
SHELLFISH FOR HUMAN CONSUMPTION AND TO ENCOURAGE
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WATER QUALITY PROGRAMS WHICH WILL PRESERVE
POTENTIAL SHELLFISH PRODUCING AREAS FOR THIS
BENEFICIAL USE.
THE PRINCIPAL ROLES OF THE PUBLIC HEALTH
SERVICE IN THE PROGRAM ARE TO: (1) PROVIDE
LEADERSHIP AND TO COORDINATE FEDERAL AND STATE
SHELLFISH SANITATION ACTIVITIES; (2) CONDUCT
ANNUAL EVALUATIONS OF EACH STATE'S PROGRAM AND
SUPPLY A SEMI-MONTHLY LIST OF ALL VALID INTER-
STATE SHELLFISH SHIPPERS TO HEALTH AUTHORITIES
AND OTHERS CONCERNED; AND, (3) ESTABLISH STAND-
ARDS FOR GROWING WATER QUALITY.
IN RESPECT TO RECREATIONAL USE AND VEC-
TOR CONTROL, THE PUBLIC HEALTH SERVICE REPRE-
SENTS THE DEPARTMENT OF HEALTH, EDUCATION AND
WELFARE IN WATER RESOURCES PLANNING ACTIVITIES
AND HEALTH ASPECTS OF WATER POLLUTION CONTROL.
THROUGH REVIEW OF PLANS AND PARTICIPATION ON
INTERAGENCY COORDINATING COMMITTEES, WE FURNISH
GUIDELINES, CONSULTATION MiND RECOMMENDATIONS
WITH REGARD TO HEALTH RELATED ASPECTS OF PRO-
POSED WATER MANAGEMENT PROJECTS.
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THE PUBLIC HEALTH SERVICE IS CONCERNED
THAT OUR ESTUARIES BE USED IN A MANNER TO PRO-
VIDE THE CREATES BENEFIT TO THE MOST PEOPLE.
WE, THEREFORE, SUPPORT THE FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION IN ITS EFFORTS TO
DETERMINE THE AFFECTS OF MAN'S ACTIVITIES ON
THE USES, ENJOYMENT AND VALUE OF ESTUARIES AND
THEIR EFFORTS TO PREPARE RECOMMENDATIONS FOR A
"COMPREHENSIVE NATIONAL PROGRAM FOR THE PRESER-
VATION, STUDY, USE AND DEVELOPMENT OF ESTUARIES
OF THE NATION, AND THE RESPECTIVE RESPONSIBILI-
TIES WHICH SHOULD BE ASSUMED BY FEDERAL, STATE
AND LOCAL GOVERNMENTS AND BY PUBLIC AND PRIVATE
INTERESTS.
STATEMENT OF GALVESTON COUNTY COMMIS-
SIONERS' COURT AT PUBLIC HEARING, GALVESTON,
OCTOBER 8, 1968:
THE GALVESTON COUNTY COMMISSIONERS' COURT
SUPPORT AND ENDORSE THE STATEMENT PRESENTED TO
YOU BY MAYOR EMMETT LOWRY OF TEXAS CITY AND
WISH TO REAFFIRM OUR STATEMENT PRESENTED TO
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YOU BY MAYOR LOWRY, WHICH WAS FIRST PRESENTED
TO THE TEXAS LEGISLATIVE COMMITTEE ON LAND USE
AND ENVIRONMENTAL CONTROL IN TEXAS CITY LAST
MONTH.
I AM HERE TODAY TO INDICATE THE INTENSE
INTEREST OF GALVESTON COUNTY AND GALVESTON
COUNTY COMMISSIONERS' COURT IN THE SUBJECT OF
WATER POLLUTION CONTROL, AND COMMISSIONER PAUL
HOPKINS AND COMMISSIONER JACK LAWRENCE ARE HERE
TO REINFORCE THIS.
WE ALSO REAFFIRM AND PLEDGE OUR COOPERA-
TION WITH ALL THE CITIES OF GALVESTON COUNTY IN
A COOPERATIVE WATER POLLUTION CONTROL PROGRAM
AND PLEDGE OUR COOPERATION NOW AND IN THE FUTURE
WITH THE TEXAS WATER QUALITY BOARD, THE STATE
HEALTH DEPARTMENT, AND THE TEXAS PARKS AND
WILDLIFE DEPARTMENT, AND THE FEDERAL AGENCIES
CONCERNED, ESPECIALLY THE U. S. ARMY CORPS OF
ENGINEERS AND THE FEDERAL WATER POLLUTION CON-
TROL ADMINISTRATION.
WE PRIMARILY BELIEVE THAT COUNTIES NEED
MORE AUTHORITY OVER LAND USE WHETHER ABOVE WATER
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OR SUBMERGED LANDS OTHER THAN THAT USED PRIMARILY
FOR NAVIGATION. HOWEVER, WE RECOGNIZE THIS AS
A STATE LEGISLATIVE PROBLEM ABOUT WHICH THE
FEDERAL INTEREST CAN DO LITTLE OR NOTHING.
FINALLY, WE BELIEVE THAT WATER POLLUTION
CONTROL SHOULD BE THE AUTHORITY OF LOCAL AND
STATE GOVERNMENTAL AGENCIES. HOWEVER, THERE IS
A DEFINITE FEDERAL INTEREST IN THIS AREA, AND
WE BELIEVE THIS SHOULD BE OF A WATCH-DOG CHARAC-
TER AND TO SET AND ENFORCE FINALLY NATION-WIDE
STANDARDS IF STATE AND LOCAL GOVERNMENTAL AGEN-
CIES WILL NOT ENFORCE SUCH STANDARDS.
GALVESTON COUNTY COMMISSIONERS' COURT
APPRECIATES VERY MUCH THE FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION BEING PRESENT IN
GALVESTON COUNTY AND FOR HOLDING THIS HEARING.
HOWEVER, WE ARE NOT AWARE OF WHAT YOUR PRIMARY
INTEREST IS HERE, AND WE LELIEVE THAT THIS
SHOULD BE MORE CLEARLY DEFINED SO THAT WE MIGHT
PRESENT INFORMATION AND PROVIDE ASSISTANCE IN
YOUR ENDEAVORS.
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STATEMENT ON TEXAS BAYS AND ESTUARIES
FROM THE BUREAU OF ECONOMIC GEOLOGY, THE UNIVER-
SITY OF TEXAS (AUSTIN) TO THE FEDERAL WATER
POLLUTION CONTROL ADMINISTRATION BY PETER T.
FLAWN, DIRECTOR AND RESEARCH SCIENTIST J. H.
MC GOWEN:
THE FOLLOWING IS A BRIEF STATEMENT OF
THE TYPE OF STUDY WE RECOMMEND AS HELPFUL IN
DEVELOPING AN UNDERSTANDING OF SEDIMENT FILL
AND DISPERSAL IN TEXAS BAYS AND ESTUARIES, AND
THE AREA IN WHICH THE BUREAU OF ECONOMIC GEOLOGY
OF THE UNIVERSITY OF TEXAS CAN CONTRIBUTE. SEDI-
MENTARY PROCESSES WITHIN THE BAYS AND ESTUARIES
AND THE EFFECTS OF MAN ON ACCELERATING OR DECEL-
ERATING THE NATURAL PROCESSES OPERATING ON THE
MAINLAND SIDE OF BAYS ARE THE PRINCIPAL ELEMENTS
THAT REQUIRE STUDY. A LOGICAL FIRST STEP TOWARD
SOLVING POLLUTION, AND OTHER LAND AND WATER USE
PROBLEMS ASSOCIATED WITH THE BAYS AND ESTUARIES OF
TEXAS IS A COMPREHENSIVE STUDY OF SEDIMENTARY
PROCESSES WITHIN THE BAY AND ADJACENT MAINLAND,
BARRIER ISLAND, AND SHOREFACE AREAS. THIS WOULD
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ENTAIL THE STUDY OF INTERACTION OF FLUVIAL PRO-
CESSES, CIRCULATION PATTERNS WITHIN THE BAY,
CURRENT SYSTEMS WITHIN TIDAL PASSES AND CREEKS,
AND EFFECTS OF HURRICANES ON BOTH SEAWARD AND
MAINLAND SIDES OF BAYS. THESE TYPES OF STUDY
REQUIRE MONITORING OF SELECTED AREAS DURING AN
EXTENDED PERIOD OF TIME BECAUSE BAYS ARE NOT
IN A STATE OF EQUILIBRIUM.
MAN IS CONTINUALLY ALTERING THE PHYSICAL
ENVIRONMENT BY CONSTRUCTING DAMS ACROSS MAJOR
RIVER SYSTEMS, BY AFFECTING VOLUME OF SEDIMENT
CARRIED BY BOTH LARGE AMD SMALL FLUVIAL SYSTEMS
THROUGH FARMING PRACTICES AND DISPOSAL OF WASTE,
AND BY ALTERING CIRCULATION PATTERNS WITHIN BAYS
BY DIVERTING SITES OF DISCHARGE OF MAJOR FLUVIAL
SYSTEMS AND BY DREDGING CHANNELS WITHIN THE BAYS.
EXAMPLES OF ACCELERATED SEDIMENTATION RATES
CAUSED BY MAN ARE: (1) THE BREAKING UP OF A LOG
JAM IN THE COLORADO RIVER AND THE RESULTANT RAPID
PROGRADATION OF THE DELTA ACROSS MATAGORDA BAY
(REMOVAL OF THE LOG JAM BEGAN IN 1925 AND BY
1936 THE DELTA HAD PROGRADED ACROSS THE BAY),
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AND (2) CONSTRUCTION OF DRAINAGE CHANNELS IN
SAN PATRICIO COUNTY (ONE OF THE SYSTEMS, DRAIN-
AGE DISTRICT 2, DISCHARGES INTO NUECES BAY.
SINCE 1939 ABOUT 0.5 SQ. MI. OF THE BAY HAS
BEEN FILLED BY SEDIMENT DISCHARGED THROUGH THIS
SYSTEM. SEDIMENT REMOVAL FROM BANKS AND FLOORS
OF THE CHANNEL SYSTEM IS ACCELERATED BY BREAK-
DOWN OF MUDDY SAND BY OIL FIELD BRINE THAT IS
DISCHARGED THROUGH THE DRAINAGE SYSTEM. A SINGLE
DEPOSITIONAL EVENT ASSOCIATED WITH HURRICANE
BEULAH, 1967, INCREASED THE VOLUME OF SEDIMENT
IN THIS AREA BY SOME 270,000 CUBIC YARDS).
PROCESSES OPERATING IN SUCH SYSTEMS AS
THE TEXAS BAYS AND ESTUARIES ARE REFLECTED IN
THE DISPERSAL AND DISTRIBUTION OF SEDIMENT AND
SEDIMENT TYPE. AN UNDERSTANDING OF THESE PRO-
CESSES IS BASIC TO ANY PLAN OF POLLUTION CONTROL.
MAPS SHOWING SEDIMENT DISTRIBUTION ON
BOTTOMS OF BAYS AND ESTUARIES ARE VALUABLE IN
DETERMINING THE NET TRANSPORT DIRECTION WITHIN
BAYS, AND IN ANALYZING THE GROSS CURRENT PATTERNS
OPERATIVE WITHIN BAYS. IN ADDITION, SEASONAL
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MONITORING IS NECESSARY DURING THE YEAR. FOR
EXAMPLE, MONITORING CURRENTS DURING THE TWO
RAINFALL MAXIMA (MAY AND SEPTEMBER) TO DETER-
MINE THE ROLE PLAYED BY INFLUX OF FRESH WATER
AND SEDIMENT FROM THE MAINLAND, IN THE WINTER
WHEN WATER LEVEL IS LOWERED ALONG THE MAINLAND
SHORE AND RAISED ALONG THE BAYWARD SIDES OF
BARRIER ISLANDS, AND WHEN DIRECTIONS OF PREVAIL-
ING WINDS CHANGE. HURRICANE EFFECTS ARE BEST
STUDIED ALONG THE BARRIER CHAIN THROUGH CHANGES
IN PHYSIOGRAPHIC FEATURES SUCH AS FOREDUNE RIDGES,
WASHOVER FANS AND ASSOCIATED CHANNELS, AND BY
MAPPING SEDIMENT DISTRIBUTION IN THE ADJACENT
BAYS. ON THE MAINLAND SIDE OF BAYS HURRICANE
AFTERMATH RATHER THAN STORM SURGE FLOOD IS THE
PROCESS AFFECTING WATER AND SEDIMENT DISCHARGES
AND ULTIMATELY CIRCULATION WITH THE BAYS.
CAREFUL, DETAILED STUDIES OF SEDIMENT
DISPERSAL AND CURRENT PATTERNS IN AREAS OF BAY-
HEAD DELTAS, FAN DELTAS, TIDAL CHANNELS AND
ASSOCIATED TIDAL DELTAS ARE OF PRIME IMPORTANCE
AS THESE ARE THE SITES OF THE MOST INTENSE PHYSI-
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CAL PROCESSES. SALINITY GRADIENT AND SEDIMENT
INFLUX IS GREATEST IN PARTS OF THE BAY ADJACENT
TO BAYHEAD DELTAS, AND THE GREATEST EXCHANGE
BETWEEN WATERS OF THE GULF OF MEXICO AND TEXAS
BAYS IS IN THE IMMEDIATE AREA OF TIDAL PASSES.
TIDAL RANGE ALONG THE TEXAS GULF COAST
IS LOW, SOUTHWARD FROM ST. JOSEPH ISLAND TO PORT
ISABEL IT IS IN THE RANGE OF 1.5 TO 2.0 FEET,
AND IS CONSIDERABLY LESS IN THE BAYS. IN SOME
BAYS, E.G. NUECES BAY, ASTRONOMICAL TIDES ARE
IN THE RANGE OF 0.25 FOOT. BECAUSE OF THE
BARRIER ISLAND CHAIN AND LIMITED NUMBER OF TIDAL
CHANNELS CONNECTING THE GULF OF MEXICO AND TEXAS
BAYS THE TIDAL PRISM CONCEPT OF DILUTION PRE-
SUMABLY CANNOT BE APPLIED TO TEXAS BAYS.
THE DEPARTMENT OF GEOLOGICAL SCIENCES
AND THE BUREAU OF ECONOMIC GEOLOGY, THE UNIVERS-
ITY OF TEXAS AT AUSTIN, HAVE BEEN ACTIVE IN THE
STUDY OF SEDIMENTARY PROCESSES AND SEDIMENT DIS-
TRIBUTION ALONG THE TEXAS GULF COAST SINCE THE
LATE 1950'S. SINCE THAT TIME DATA HAS BEEN AC-
CUMULATED ON THE AREA LYING BETWEEN PORT ISABEL
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338
AND THE NORTHERN PART OF ST. JOSEPH ISLAND.
THESE STUDIES INCLUDE: CD DETAILED GRANULO-
METRIC STUDIES OF NERITIC, BEACH, BAY, AND DUNE
SEDIMENT; (2) SEDIMENTARY PROCESSES AND SEDIMENT
DISPERSAL ALONG THE FORESHORE AND BEACH OF BARRIER
ISLANDS, WASHOVER FANS, TIDAL DELTAS, AND FAN
DELTAS; (3) OSTRACOD ECOLOGY OF TIDAL DELTAS, AND
MOLLUSCAN ECOLOGY OF MESQUITE BAY; (if) PLANT
DISTRIBUTION ON WASHOVER FANS, TIDAL DELTAS, AND
BAY MARGINS; (5) CLAY MINERAL DISTRIBUTION IN
VARIOUS DEPOSITIONAL ENVIRONMENTS OF WASHOVER
FANS; (6) AND EFFECTS OF HURRICANES ON COASTAL
LAGOONS AND BAYS.
WE HAVE SOME DATA ON SPECIFIC AREAS
AND HAVE THE CAPABILITY OF INTEGRATING THIS AND
THE NECESSARY ADDITIONAL DATA INTO A UNIFIED SEDI-
MENTARY PROCESS AND SEDIMENT DISPERSAL STUDY OF
SELECTED TEXAS BAYS.
LETTER TO MR. WILLIAM C. GALEGAR FROM
MR. REX BRAUN, STATE REPRESENTATIVE, HARRIS
COUNTY, DISTRICT 23, PLACE 4:
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339
THANK YOU FOR YOUR LETTER OF SEPTEMBER
10TH INVITING ME TO APPEAR OR TO SUBMIT A STATE-
MENT AT ONE OF YOUR PUBLIC MEETINGS ON POLLUTION
OF ESTUARINE AREAS.
I DO NOT FEEL THAT I HAVE THE TECHNICAL
EXPERTISE REQUIRED TO MAKE A CONTRIBUTION TO
YOUR HEARINGS ON THIS IMPORTANT TOPIC, AND I AM
AT A LOSS TO COMMENT ON SEVERAL OF THE QUESTIONS
LISTED IN THE GUIDELINES WHICH ACCOMPANIED YOUR
LETTER. AS A STATE LEGISLATOR REPRESENTING THE
MOST HEAVILY POLLUTED DISTRICT IN THE ENTIRE
STATE OF TEXAS I AM PRIMARILY CONCERNED WITH THE
EFFECTS OF WATER AND AIR POLLUTION IN OUR URBAN
AREAS, AND I HAVE NOT BEEN ABLE TO GIVE SUFFI-
CIENT ATTENTION TO THE POLLUTION PROBLEM IN THE
ESTUARIES.
HOWEVER, POLLUTION OF GALVESTON BAY IS
OF VERY GRAVE CONCERN TO ALL OF US. THE ECONOMY
OF MY DISTRICT DEPENDS IN NO SMALL WAY ON GALVES-
TON BAY, AND TENS OF THOUSANDS OF WORKING PEOPLE
IN HARRIS COUNTY USE GALVESTON BAY FOR SPORTS
FISHING AND RECREATION PURPOSES, AND I TRUST
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339
THANK YOU FOR YOUR LETTER OF SEPTEMBER
10TH INVITING ME TO APPEAR OR TO SUBMIT A STATE-
MENT AT ONE OF YOUR PUBLIC MEETINGS ON POLLUTION
OF ESTUARINE AREAS.
I DO NOT FEEL THAT I HAVE THE TECHNICAL
EXPERTISE REQUIRED TO MAKE A CONTRIBUTION TO
YOUR HEARINGS ON THIS IMPORTANT TOPIC, AND I AM
AT A LOSS TO COMMENT ON SEVERAL OF THE QUESTIONS
LISTED IN THE GUIDELINES WHICH ACCOMPANIED YOUR
LETTER. AS A STATE LEGISLATOR REPRESENTING THE
MOST HEAVILY POLLUTED DISTRICT IN THE ENTIRE
STATE OF TEXAS I AM PRIMARILY CONCERNED WITH THE
EFFECTS OF WATER AND AIR POLLUTION IN OUR URBAN
AREAS, AND I HAVE NOT BEEN ABLE TO GIVE SUFFI-
CIENT ATTENTION TO THE POLLUTION PROBLEM IN THE
ESTUARIES.
HOWEVER, POLLUTION OF GALVESTON BAY IS
OF VERY GRAVE CONCERN TO ALL OF US. THE ECONOMY
OF MY DISTRICT DEPENDS IN NO SMALL WAY ON GALVES-
TON BAY, AND TENS OF THOUSANDS OF WORKING PEOPLE
IN HARRIS COUNTY USE GALVESTON BAY FOR SPORTS
FISHING AND RECREATION PURPOSES, AND I TRUST
-------
YOUR AGENCY WILL KEEP THIS IMPORTANT RECREATIONAL
FACTOR IN MIND IN DEVELOPING AN ANSWER TO THE
QUESTION ABOUT THE VALUE OF AN ESTUARY CONTAINED
IN YOUR GUIDELINE.
IT GOES WITHOUT SAYING THAT MANY OF OUR
ESTUARIES HAVE BEEN DAMAGED BY POLLUTION, AND
GALVESTON BAY IS TO MY MIND A PERFECT EXAMPLE OF
THE RAPE OF A GREAT NATURAL WATERWAY BY THE IN-
DUSTRIAL POLLUTERS. THE SHAMEFUL POLLUTION OF
GALVESTON BAY IS MATCHED ONLY BY THE GREED OF
THE SHELL DREDGERS WHO ARE ALSO PLUDERING THE
BAY.
I HOPE THAT THE FEDERAL GOVERNMENT WILL
TAKE PROMPT AND EFFECTIVE ENFORCEMENT ACTION
AGAINST THE INDUSTRIAL POLLUTERS WHO ARE DUMP-
ING THEIR WASTES INTO THE BAY, AND I DO NOT
BELIEVE THAT THE FEDERAL LAWS MOW ON THE BOOKS,
MUCH LESS OUR TOTALLY UNSATISFACTORY STATE LAWS,
ARE CAPABLE OF DEALING WITH THIS PROBLEM.
STATEMENT FILED WITH THE FEDERAL WATER
POLLUTION CONTROL ADMINISTRATION BY THE LEAGUE
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341
OF WOMEN VOTERS OF TEXAS IN RESPONSE TO MR.
W. C. GALEGAR'S INVITATION TO PARTICIPATE IN
THE MEETINGS BEING HELD IN BROWNSVILLE, CORPUS
CHRISTI, GALVESTON AND ORANGE IN OCTOBER, 1968:
THE LEAGUE OF WOMEN VOTERS OF TEXAS IS
PLEASED TO RESPOND TO THE INVITATION TO SUBMIT
A STATEMENT FOR INCLUSION IN THE RECORD OF THE
MEETINGS HELD IN TEXAS BY THE FEDERAL WATER POLLU-
TION CONTROL ADMINISTRATION IN OCTOBER, 1968.
THE LEAGUE OF WOMEN VOTERS OF TEXAS IS
A VOLUNTEER CITIZENS ORGANIZATION WORKING IN THE
FIELD OF GOVERNMENT ON LOCAL, STATE AND NATIONAL
ISSUES. IT HAS 4000 MEMBERS IN 38 AREAS THROUGH-
OUT THE STATE. NATIONALLY THE LEAGUE HAS BEEN
STUDYING WATER RESOURCES SINCE 1956 AND HAS
TAKEN ACTION IN THIS FIELD SINCE 1960.
THE IMPORTANCE OF ESTUARINE WATERS IS
KNOWN TO LEAGUE MEMBERS AND IS OF PARTICULAR
CONCERN TO THOSE IN TEXAS. THESE TIDAL AREAS
WHERE SALT AND FRESH WATER MEET, AND THEIR ADJA-
CENT SALT MARSHES AND SHALLOW COASTAL BAYS ARE
VERY PRODUCTIVE REGIONS. ESTUARINES ARE UNUS-
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342
UALLY RICH IN NATURAL RESOURCES AND IN RECREA-
TION POTENTIAL. THEY ARE VULNERABLE BECAUSE
THEY SHELTER ORGANISMS AND BECAUSE THEY ARE A
NATURAL TRAP FOR WATER-BORNE POLLUTION. THESE
ONCE ISOLATED NURSERIES FOR FINFISH AND SHELLFISH
ARE BECOMING DUMPING AREAS FOR DREDGING SPOILS
AND SOLID WASTES. IN SOME SECTIONS SHALLOW BAYS
ARE BEING DREDGED AND THE SALT MARSHES FILLED.
SOME OF OUR COASTAL CITIES IN TEXAS HAVE
BECOME GREAT PORTS BECAUSE THEY ARE LOCATED ON
ESTUARIES. THROUGH THESE ESTUARIES MOVE MANY
IMPORTS AND EXPORTS. BECAUSE OF THEM GREAT MANU-
FACTURING COMPLEXES HAVE LOCATED IN THESE AREAS.
THESE HAVE IN TURN BEEN THE CAUSE OF MUCH POLLU-
TION. IT IS TO BE HOPED THAT IMPROVEMENTS IN
MUNICIPAL AND INDUSTRIAL WASTE MANAGEMENT WILL
IN TIME BRING THIS EXCESSIVE WATER POLLUTION
UNDER CONTROL.
WE AGREE WITH THE REPORT OF THE WATER
POLLUTION CONTROL ADVISORY BOARD'S MEETING IN
TEXAS IN JUNE, 1967, THAT: "IN THE INTEREST OF
FISH, WILDLIFE, RECREATION AND COMMERCIAL FISHING,
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343
TEXAS' MANY RESERVOIRS SHOULD INCLUDE STORAGE
TO MAINTAIN PROPER SALT AND FRESH WATER BAL-
ANCES IN THE GULF COAST ESTUARIES." MANY RESER-
VOIRS IN TEXAS - BOTH EXISTING AND PROPOSED -
ARE APPARENTLY NOT CONSIDERING INCLUDING STORAGE
FOR PURPOSES OF FRESH WATER RELEASES TO ESTUARIES
TO MAINTAIN PROPER BALANCE FOR FISH AND OTHER
AQUATIC LIFE.
WE AGREE WITH THE BOARD THAT THESE RELEASES
SHOULD NOT SUBSTITUTE FOR ADEQUATE TREATMENT OF
WASTES BEFORE DISCHARGE INTO THE STREAMS. WE
ALSO ENCOURAGE RESERVOIR STORAGE IN THE INTEREST
OF FISH AND WILDLIFE IN TEXAS ESTUARIES AT THE
SAME TIME REALIZING THAT EFFORTS MUST BE MADE TO
ASSIST THE MANY FORMS OF AQUATIC LIFE WHICH
DEPEND UPON SALT WATER FOR THEIR EXISTENCE.
IS THE ESTABLISHMENT OF SOME KIND OF SALINE
LAGOON POSSIBLE OR REALISTIC?
THE INTEREST OF TEXAS IS CLEARLY RECOG-
NIZED BY THE CONGRESS IN ITS STATEMENT OF POLICY
"TO PRESERVE AND PROTECT THE RESPONSIBILITIES
OF THE STATES IN PROTECTING, CONSERVING AND
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RESTORING THE ESTUARIES IN THE U. S." WE HOPE
THAT SUCH AREAS CAN BE PROTECTED ADEQUATELY
THROUGH LOCAL, STATE OR FEDERAL LEGISLATION
WITHOUT FEDERAL LAND ACQUISITION OR ADMINISTRA-
TION. WHERE LOCAL AND STATE AGENCIES ARE CONDUCT-
ING A SATISFACTORY MANAGEMENT OF ESTUARINE AREAS,
THE LEAGUE THINKS THEY SHOULD BE LEFT IN CHARGE.
WE THINK IT IS NECESSARY TO EXPLAIN TO STATE AND
LOCAL CITIZENS JUST WHAT IS BEING DONE AND WHY.
WE THINK A POPULAR PRESENTATION OF THE RESULTS
OF ANY STUDY SHOULD BE MADE LOCALLY. THIS
EFFORT IS NECESSARY TO CREATE CITIZEN DEMAND
FOR THE PRESERVATION OF LOCAL ESTUARIES.
COMMENTS PREPARED BY THE TEXAS STATE
DEPARTMENT OF HEALTH FOR INCLUSION AS PART OF
THE RECORD OF THE PUBLIC MEETING ON POLLUTION
PROBLEMS ASSOCIATED WITH ESTUARINE AREAS,
OCTOBER 8, 1968, GALVESTON, TEXAS:
ESTUARINE AREAS OF TEXAS ARE OF GREAT
ECONOMIC AND RECREATIONAL VALUE TO THE STATE
AND TO THE NATION. ECONOMIC VALUE IS IN PART
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345
GENERATED BY ESTUARINE AREA CAPACITY TO PRODUCE
SAFE AND EDIBLE MARINE FOODS. TEXAS FOR INSTANCE,
RANKED 6TH NATIONALLY IN OYSTER PRODUCTION DUR-
ING 1967. OYSTER PRODUCTION DURING THE PERIOD
1966 TO 1967 HAS BEEN ESTIMATED CONSERVATIVELY
AT 8,278,200 POUNDS. THIS 8,278,200 POUNDS CF
OYSTERS WOULD PROVIDE SOMETHING LIKE 27,594,000
SERVINGS OF ONE DOZEN OYSTERS PER SERVING. ASSUM-
ING THAT EACH SERVING OF OYSTERS WOULD RETAIL
FOR $1.50 PER SERVING, THE VALUE OF TEXAS OYSTERS
FOR THE PERIOD 1966 TO 1967 COULD BE ESTIMATED AT
$41,391,000.00. THE OYSTER, OF COURSE, WHILE
IMPORTANT AS A TEXAS MARINE PRODUCT IS EXCEEDED
IN ECONOMIC VALUE BY SHRIMP AND OTHER MARINE
PRODUCTS.
THE TEXAS STATE DEPARTMENT OF HEALTH HAS
FOR MANY YEARS CONDUCTED WATER QUALITY PROGRAMS
OF THE BAY WATER OF TEXAS AS THEY SPECIFICALLY
RELATE TO SHELLFISH. IN 1965 THE 59TH LEGISLA-
TURE ENACTED THE TEXAS SHELLFISH SANITATION LAW
(VERNON'S REVISED CIVIL STATUTES 4050F) WHICH
STIPULATES THAT THE COMMISSIONER OF HEALTH HAS
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346
THE RESPONSIBILITY OF DECLARING AN AREA POLLUTED
AND CLOSED TO THE HARVESTING OF SHELLFISH IF
SUCH AN AREA IS DETERMINED AS UNSUITABLE FOR
THE HARVESTING OF SAFE EDIBLE SHELLFISH (OYSTERS),
THE TERM "POLLUTED" IS DEFINED BY THE STATUTE
"AS AN AREA WHICH IS CONTINUOUSLY OR INTERMITT-
ENTLY SUBJECT TO THE DISCHARGE OF SEWAGE OR OTHER
WASTE OR TO THE PRESENCE OF COLIFORM ORGANISMS
IN QUANTITIES LIKELY TO INDICATE THAT SHELLFISH
TAKEN THEREFROM ARE UNFIT FOR HUMAN CONSUMPTION."
IT MUST BE BORNE IN MIND THAT WATERS CONSIDERED
AS UNSUITABLE FOR THE HARVESTING OF SAFE EDIBLE
SHELLFISH MAY EXCEED STANDARDS OF QUALITY RE-
QUIRED FOR OTHER PURPOSES. THE BACTERIOLOGICAL
QUALITY STANDARDS FOR OYSTER HARVESTING WATERS
AS SET FORTH IN PART I OF THE NATIONAL SHELLFISH
SANITATION MANUAL AS APPLICABLE TO TEXAS BAYS
AND ESTUARINES ARE MORE STRINGENT THAN THOSE
GENERALLY SET FOR NATURAL BATHING PLACES.
THE CONTINUOUS APPRAISAL OF WATER QUALITY
AND CLASSIFICATION OF TEXAS' BAY WATERS AS TO
THEIR SUITABILITY AS SHELLFISH HARVESTING WATERS
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347
ARE NECESSARY IN VIEW OF THE ABILITY OF THE
OYSTERS TO FILTER OUT AND CONCENTRATE BACTERIA,
PESTICIDES, RADIONUCLIDES AND OTHER SUBSTANCES
SUCH AS HEAVY METALS THEREBY POSING A DANGER
TO PUBLIC HEALTH IF PRESENT IN THE OYSTERS BEING
MARKETED. IN THIS RESPECT THE OYSTER IS PERHAPS
UNIQUE IN THAT HIS ENVIRONMENT IS ALL IMPORTANT
IN DETERMINING WHETHER OR NOT HE WILL BE OF
ACCEPTABLE QUALITY FOR A FOOD PRODUCT. THE
COMPLETE DEPENDENCY UPON ENVIRONMENT IS DUE
TO THE FACT THAT THE OYSTER IS IMMOBILE AND
THEREFORE UNABLE TO SEEK A NEW ENVIRONMENT.
APPROXIMATELY 80% OF THE SURFACE AREA IN
TEXAS' BAYS HAS BEEN CLASSIFIED AS APPROVED FOR
THE HARVESTING OF SAFE EDIBLE SHELLFISH AS
SHOWN BY THE FOLLOWING CHART.
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APPROXIMATE SURFACE AREA (%}
OF TEXAS BAYS BY CLASSIFICATION
348
CYFITEM
APPROWD AREAS
CONDITIONALLY
APPROVED
AREAS
CLOSET? AREAS
Lake*
1-s.lveston Bay
Bastrop, Cedar
'->. Christmas P"yn
Matagorda Bay
"arancahua Bay
Vrer; Palaeior, Bay
Lavaca Bay
Zspiritu Santo
Bay
.'•m Antonio Pay
Mesquite Bay
Copano, Minsion,
;Jt. Charles and
•Je.T%
^'Includes portion in Louisiana
1.2;'
19.1/i
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349
THERE IS NO DOUBT THAT TEXAS WITH AN
EXPANDING INDUSTRIAL CAPABILITY WHICH WILL BE
REFLECTED IN THE FUTURE BY AN EVER INCREASING
POPULATION ALONG THE TEXAS COAST LINE WILL NEED
TO MAINTAIN AND MANAGE HER ESTUARINE AREAS WITH
CARE AND DILIGENCE.
THE TEXAS STATE DEPARTMENT OF HEALTH
BASED ON PAST EXPERIENCE AND CURRENT OPERATING
PROGRAMS IS OF THE OPINION THAT THE PUBLIC HEALTH
RESPONSIBILITIES ASSOCIATED WITH ESTUARINE AREAS
CAN BE AND ARE BEING MET. IT IS ALSO FELT THAT
IN ORDER TO PROVIDE FOR OPTIMUM ESTUARY DEVELOP-
MENT, A STATE MANAGEMENT PROGRAM UTILIZING THE
COORDINATED ACTIVITIES OF ALL INTERESTED STATE
AGENCIES PROVIDES THE BEST APPROACH AND HAS THE
GREATEST CHANCE FOR SUCCESS.
LETTER FROM TEXAS CONSERVATION COUNCIL,
INC., 11909 KNIPPWOOD LANE, HOUSTON, TEXAS 77024,
BY L. N. DEXTER, BOARD CHAIRMAN:
AT THE FEDERAL HEARING HELD IN GALVESTON
ON OCTOBER 8TH, WE HEARD SOME IMPRESSIVE STATIS-
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350
TICS GIVEN BY STATE AGENCIES TO SHOW THAT THE
HOUSTON AREA IS MAKING HEADWAY AGAINST WATER
POLLUTION. THE TESTIMONY SOUNDED VERY CONVINC-
ING - AT LEAST TO THE LAYMAN - BUT THE SHIP
CHANNEL WATER DOESN'T SEEM TO BE ANY LESS
POLLUTED AND DR. WATER QUEBEDEAUX, HARRIS COUNTY
POLLUTION CONTROL DIRECTOR, HAS BEEN QUOTED AS
SAYING THAT IT ISN'T GETTING ANY BETTER. A
FISH KILL OF AN ESTIMATED 30,000 FISH IN THE
MORGAN'S POINT AREA IN SEPTEMBER WAS BLAMED ON A
HEAVY RAIN THAT WASHED POLLUTED WATERS INTO THE
BAY FROM THE HOUSTON SHIP CHANNEL. THIS DOESN'T
INDICATE IMPROVEMENT.
WE FEEL THAT THE RECREATIONAL VALUES OF
OUR STREAMS AND ESTUARINE AREAS SHOULD BE GIVEN
MORE CONSIDERATION THAN THEY APPEAR TO BE RECEIV-
ING. THESE VALUES ARE NOT OFTEN EXPRESSED IN
TERMS OF DOLLARS AND CENTS, BUT THE BUREAU OF
BUSINESS RESEARCH OF THE UNIVERSITY OF TEXAS
MADE SUCH A STUDY IN 1958. IN A REPORT ENTITLED
"THE MARINE RESOURCES OF THE CORPUS CHRISTI
AREA," IT PLACED A YEARLY VALUE OF $150 ON EACH
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351
ACRE OF BAY. NOW, TEN YEARS LATER, THE RECREA-
TIONAL VALUE OF THIS BAY COULD EASILY BE SEVERAL
TIMES THIS AMOUNT AND FOR GALVESTON AND TRINITY
BAYS IT WOULD BE MUCH HIGHER BECAUSE THESE BAYS
ARE SURROUNDED BY ONE OF THE LARGER URBAN CEN-
TERS OF THE NATION. WE BELIEVE THE RECREATIONAL
VALUE COULD RUN INTO THE BILLIONS YET POLLUTERS
ARE RAPIDLY DESTROYING THIS TREMENDOUS NATURAL
RESOURCE.
THESE BAYS ARE OF GREAT VALUE ALSO FOR
THEIR AQUATIC LIFE - THE FISH, THE SHRIMP AND
THE OYSTERS - ALL OF WHICH ARE DEPENDENT ON
THE ESTUARINE AREAS DURING AT LEAST A PART OF
THEIR LIVES. IT IS PROBABLY UNNECESSARY FOR US
TO REVIEW THE VALUES OF THE BAYS TO COMMERCIAL
FISHERMEN SINCE THEY HAVE UNDOUBTEDLY BEEN RE-
PORTED TO YOU BUT PERHAPS WE SHOULD MENTION THAT
THE FOOD GROWN IN OUR BAYS AND ESTUARIES SUSTAINS
OUR LARGE BIRD POPULATION. THE ROSEATE SPOON-
BILLS, WHICH WERE APPROACHING EXTINCTION SOME
YEARS AGO, ARE NOW MORE ABUNDANT IN THE GALVESTON-
TRINITY BAY AREA THAN ANYWHERE ELSE IN THE NATION,
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352
OUR RARE WHOOPING CRANES, WHICH ARE A GREAT
TOURIST ATTRACTION, DEPEND FOR SURVIVAL ON FAVOR-
ABLE FEEDING CONDITIONS IN THE BAYS NEAR THEIR
WINTER SANCTUARY ON THE ARANSAS WILDLIFE REFUGE
YET THE TEXAS PARKS AND WILDLIFE COMMISSION HAS
GRANTED PERMITS FOR SHELL DREDGING THAT WILL
SILT UP AND OTHERWISE DAMAGE THEIR FEEDING
AREAS.
WE RECEIVE COPIES OF PERMIT APPLICATIONS
FOR VARIOUS BAY PROJECTS FROM THE CORPS OF
ENGINEERS, GALVESTON DISTRICT. WE REALIZE THAT
THERE IS A PRESSING NEED FOR BULKHEADS, WHARVES,
PIPELINES, DRILLING PLATFORMS ETC. WHILE MOST
SINGLE REQUESTS ARE MINOR, THE SUM TOTAL IS
STAGGERING. THE CUMULATIVE EFFECT IS TO DESTROY
OUR SHALLOW WATER AREAS AND POLLUTE WHAT REMAINS
OF OUR BAYS.
SOME REMEDY MUST BE FOUND. AGAIN AND
AGAIN AT THE HEARING WE HEARD OUR STATE AGENCIES
SAY THEY COULD AND THEY WOULD CLEAR UP POLLUTION
WITHOUT FEDERAL HELP BUT WE FEEL THAT THIS IS
WISHFUL THINKING AND THAT WE CANNOT DEPEND ON
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353
THE STATE LEGISLATURE TO PROVIDE THE LAWS
NECESSARY TO ADEQUATELY CONTROL POLLUTION.
THE LAST LEGISLATURE HAD AN EXCELLENT OPPOR-
TUNITY TO PASS THE REX BRAUN BILLS FOR ENFORCING
ANTI-POLLUTION LAWS BY PERMITTING SUITS AGAINST
INDUSTRIAL CORPORATIONS. SIMILAR BILLS WERE
ALSO PRESENTED IN PREVIOUS YEARS BY CONGRESSMAN
BOB ECKHARDT WHEN HE WAS A STATE REPRESENTATIVE
FROM HARRIS COUNTY. ALL SUCH BILLS WERE DEFEATED
BY SPECIAL INTERESTS. WE SEE LITTLE HOPE OF
IMPROVEMENT WITHOUT FEDERAL PRESSURE AND WE URGE
THAT YOU APPLY THAT PRESSURE.
(END)
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JOHN CONNALLY
GOVERNOR OF TEXAS
October 17, 1968
Mr. Joe G. Moore, Jr.
Commissioner
Federal Water Pollution Control Administration
U.S. Department of the Interior
Washington, D.C. 20242
Dear Joe:
I am pleased that the Federal Water Pollution Control Administration
has sponsored, with the cooperation of the Texas Water Quality Board, a number
of local hearings along the Texas Coast in connection with the National
Estuarine Pollution Study of the Clean Water Restoration Act of 1966.
As you know, the State of Texas has been active in the implementation
of various techniques and planning efforts to foster full utilization of its
rich coastal resources. The Galveston Bay Work Plan is a Texas initiated pro-
gram to determine and develop the management techniques to allow the optimum
development of the great assets of Galveston Bay to its fullest economic end
conservation potential. This study is envisioned as a pilot effort for a
Statewide survey of the entire Texas Gulf Coast.
Additionally, under the authority granted to me in H.B. 276, Acts of
the 59th Legislature, Regular Session, I have created a Natural Resources
Council of those State agencies having the major responsibilities in this araa
of interest. The Council was instituted to coordinate the long-range planning
efforts and field operations of its member governmental jurisdictions. The
Natural Resources Council has created and directed a Coastal Study Committee
to develop the guidelines for an initial study design plan of the bays and estu-
aries of Texas.
To provide you with a documentation of these efforts I am submitting
the following statement for the record of the hearings just held along the
Texas Coast.
With kindest regards.
Sincerely,
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STATEMENT OF GOVERNOR JOHN CONNALLY
GOVERNOR OF TEXAS
NATIONAL ESTUARINE POLLUTION STUDY HEARINGS
Texas alone among the 37 states which have been added to the Union
was a truly independent nation before its annexation. The Republic of Texas
did not cede to the Union the ownership of the land and minerals within its
boundaries, but specifically retained this ownership under the terms of the
agreement between the Republic and the United States.
This fact of Texas independence places the State in an extraordinary
position so far as its jurisdiction to submerged lands in the Gulf of Mexico
is concerned. The State has a unique heritage in that the bays and estuaries
of the Texas Gulf Coast are the property of the people of Texas, held in trust
for them by the State. This trust carries with it a responsibility to assure
optimum development and use of these great natural assets.
The Texas coastal bay systems are rich in natural resources and are
rapidly being developed for industrial, residential, navigational, fishing,
and recreational purposes. Although the bays and estuaries of the Texas coast
are of precious economic and cultural value to the State, our knowledge of
their precise physical and quality characteristics and of their behavior under
varying conditions to which they are subjected is incomplete. The boundaries
of our knowledge must be expanded as we improve the ability of Texas to main-
tain continuing jurisdiction and supervision over this great asset of our
natural and political heritage.
The recently Texas-initiated broad-based study of the Galveston Bay
System is a significant step towards solving the questions of the effect on
the Coastal areas of land use development, water pollution, and upstream con-
struction of reservoirs. The techniques used and results of this study should
serve as a guide for similar State studies of the remaining bays and estuaries
of the Texas Coast.
Only recently have basic data needs been fully realized, and many
years of intensive study will be required to assimilate such data necessary
for sound planning for the continued preservation and maintenance of our
coastal system. The State of Texas has accepted this responsibility and intends
that its State agencies have available the basic data required for efficient
execution of their assigned functions in assuring Texas determination of coastal
development.
The 59th Legislature, to foster the coordination of agency activities
at all levels of operation, designated the Governor as the Chief Planning Officer
of the State and established a Division of Planning Coordination within the
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Governor's Office. The Bill, H.B. 276, also provided for the creation of
interagency planning councils composed of the administrative heads of the
participating agencies in functional areas of State responsibility.
I have since created the Natural Resources Council to give atten-
tion to the interagency coordination necessary for unified development of
Texas water, parks, and environmental quality programs. Underlying these
actions was my conviction that Texas State government must continue its
primary responsibility for the protection and development of our natural
resources.
With this perspective, the Natural Resources Council has recognized
the desirability of meshing together the long-range planning efforts and the
field operations of the various State agencies in regards to their activities
along the Gulf Coast. The Council has created a Coastal Study Committee
whose purpose is to recommend the policy and standards for a multi-disciplinary
survey of the Texas Coast as a prelude to new coordination in State efforts
directed toward the development of these rich coastal assets and resources.
This initial survey will be the first of three steps evolved in the
development of the tools needed for the proper management of each estuarine
complex. Data will be defined as that needed by State agencies for efficient
execution of their assigned functions and also that which is neither available
nor being presently collected. The completed study will suggest in order of
priority the projects and/or programs related to the Texas Coast that appear
justified for increased economic and conservation development or for correction
of present or overlapping problems.
We believe these State actions to be consistent with the goals set
by Congress in its consideration of the present status. In H.R. 25, recently
signed by the President, Congress declared that it is its policy to preserve
the responsibilities of the States in protecting, conserving, and restoring
the estuaries of the nation.
Congress stipulated in H.R. 25 that the Governor must approve any
project undertaken at the local, state, or federal level under the Act's author-
ization. This is in accord with our views for Texas intends to maintain and
perpetuate its State responsibility in the determination of how any of its
coastal areas and resources are developed.
Texas has been fortunate in being endowed with a truly magnificient
coastal system. The extensive natural composition of our bays and estuaries
have been a source of pride, pleasure, and economic support to many of our
people. The Gulf Coast of the State, stretching hundreds of miles from Galveston
Bay to the north to the Laguna Madre to the south, encompasses a rich natural
resource which, if developed properly, would be able to support a prosperous
economy while still retaining its great conservation assets. Towards this goal
we shall constantly strive.
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October 24, 1968
Mr. Wm, C. Galegar, Regional Director
South Central District
Federal Water Pollution Control Administration
1402 Elm Street
Dallas, Texas 75202
STATEMENT FOR ESTUARY HEARING
HELD OCTOBER 8, 1968
AT GALVESTON, TEXAS
Dear Sir:
I attended the above hearing, having requested earlier in the year, at
Mr. Eugene Jensen's suggestion, to be notified of it. I hope this
letter and attached material will arrive at your office in time to
become part of the record of that hearing.
Attachment A to this letter is a xerox copy of material I sent to
Mr. Udall in June, 1967. I believe it is self-explanatory (see
statements included) and it expresses my view with regard to Questions 1
and 2 of your very helpful guideline.
Attachment B calls attention to a special threat to Galveston Bay --
spoil dumping and subsequent transformation of the reclaimed area to
industrial use. I believe state law entitles the State to sell land,
created on its submerged lands by spoil dumping, for industrial use only
for one dollar per acre, to private buyers. To a large extent, I believe,
the back bays of the Galveston Bay 'system have been filled and much of
this land is now in the ownership of private industrial corporations as
well as the Navigation District. I believe further transformations of
this nature in Galveston Bay will be very much against the public interest.
I urge the Federal Government to move quickly to:
1. Prohibit further spoil dumping in Galveston Bay between
Morgan's Point and Texas City.
2. Forbid and prohibit any development on Atkinson Island
(the north end is not spoil and is privately owned but
the remaining 3 or 4 miles is spoil) and make it a permanent
natural area.
My reasons for feeling this should be done for the best use of Galveston
Bay are stated in Attachment B.
Adair Sullivan
1520 Roscoe St.
LaPorte, Texas 77571
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ATTACHMENT A
1. Uppermost Galveston Bay and its shores are worth, more for their recreational
and ecologic value than as convenient waste receptacles for municipalities
and industries.
2. Although uppermost Galveston Bay is being destroyed by pollution, it is
daily the more eagerly sought for recreational use as the population in
this area increases.
3. The preceding pages (A series of photographs not included here) are an
attempt to intimate (and can but feebly intimate so great a need) the
need that the people of Houston and Harris County have for uppermost
Galveston Bay as a clean, open bay for fishing, swimming, boating and
enjoyment of salt air and open space.
4. There is pressure to change these shores to industrial plant use and to
declare these waters unfit for recreational use. The latter, of course,
would almost certainly result in the former.
5. The Texas Water Pollution Control Board has been in existence six years
and Galveston Bay has become more polluted every year. Studies are made
and more studies but they seem to be more an excuse to postpone pollution
control action than a sincere effort to reserve this greatly needed body
of water for its recreational role.
6. From Morgan's Point to Red Bluff (uppermost Galveston Bay) there is no
industrial development on the shores. The land use is: public shell
beach at Morgan's Point, homes, Boys Harbor (home for needy boys maintained
by service clubs, more homes, Seabreeze Sailing Center (semi-private
boating club), Happy Harbor (methodist home for old people), St. Mary's
Catholic Church, Sylvan Beach County Park, homes, Houston Yacht Club,
Bayport Canal, Red Bluff.
7. The properties on uppermost Galveston Bay are established. The real estate
is for the most part paid for, hence, there will be no influential real
estate developer to defend this area as there will be in the lower Galveston
Bay and West Bay areas that are presently being developed for resort homes
and still have interest to be paid on them. And yet this area is more
vital to the welfare of the population of this area than any I know.
8. If uppermost Galveston Bay is not preserved for the recreational use of the
increasingly congested area it will be a mistake. If this bay and these
shores are changed from their present use to industrial use, it will not
be progress -- economic or any other kind -- it will be a new low in
judging human needs and in providing for them.
9. I am one of the lucky Americans who still lives in the area I was born
and raised in. If my home must someday no longer be mine for some public
good, I will be able to understand its going for a park, some other children,
some other people will enjoy the Bay as I did, but I will never believe
that changing these shores to house a petrochemical plant or a refinery
will benefit the public more than saving these shores and this bay for
ecological participation forever more and the joy it can give to men while
they last.
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10. The State of Texas seems not to be protecting its bays for its citizens
effectively. I ask that the Federal Government do everything it can.
11. The spoil islands shown here harbor many waterfowl and shorebirds.
Further, I believe marshes could be developed on their perimeters that
might help to replace the marshes lost on shores developed and bulk-
headed. I suggest that Atkinson Island be made some kind inviolable bird
sanctuary. I am aware that the Harris County Houston Ship Channel Navigation
District has other plans. I believe the birds and the people need it more.
Besides, a bird sanctuary does little polluting as compared to industrial
plants.
12. If more fill is deposited in uppermost Galveston Bay the temptation to use
the reclaimed land for industrial plants will be great. The fill will
destroy this small bay. I ask your help in this matter, too.
13. The speed with which the barbecue is progressing is frightening.
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ATTACHMENT B
SPOIL DUMPING IN GALVESTON BAY, originating with navigation district
projects, is a threat that is almost unknown to the public although pollution
and dredging of the live oyster reefs have at last met with some opposition.
If spoil dumping plans of the navigation districts are not changed, Galveston
Bay will be destroyed by this damage even if the many other threats are
overcome. USC&GS Chart 519 shows extensive spoil dump areas planned that
will divide Galveston Bay from Trinity Bay. Dumps across the south end of
the Bay are planned which will probably result in greatly curtailing exchange
of water between the Gulf and the bays and between the bays themselves. At
the time these spoil areas are completed, flow from the Trinity and San Jacinto
Rivers into Galveston Bay will have been diminished by completion of the
Livingston and Conroe dams on these rivers. (Liquid supply for Galveston Bay
may then depend largely on effluent from sewage plants and industrial works,
it seems.) In the north end of Galveston Bay (Chart 588) large spoil areas
are planned which will bury present nesting islands along Cedar Bayou Channel
and fill in the bay between this channel and the mainland. An example of
this extensive diking and filling lies immediately west of this area where
San Jacinto Bay is now nothing but an oily dead end and Black Duck Bay has
been so completely filled that it no longer appears on the Chart (1282). Not
long ago these were beautiful back bays inhabited by fish, shrimp and crabs.
ATKINSON ISLAND was created when the Houston Ship Channel was constructed;
it was a little piece cut off of Morgan's Point when the Channel cut across
the Point and had a small tail added at the south end by spoil dump. The tail
now wags the island for five miles down into the bay and it is this tail that
will eventually separate Galveston from Trinity Bay. As this spill island
grew, it cut off the view of Texas' largest bay from its most highly populated
shore; it partially enclosed by its extension the section of bay between
Morgan's Point and Red Bluff, and directed the horrendously increasing flow
of sewage and industrial waste from the Houston Ship Channel into this small
scallop bay that it had enclosed. Erosion difficulties were created on the
west mainland shore and other damages which the public has docilely accepted
since it might as well, but these losses and others will be repeated so many
times if navigation project spoil areas are realized, that Galveston Bay
will probably cease to function. ATKINSON ISLAND has some silver linings
in spite of its damaging effects. It should not be added to nor developed.
It is valuable for these reasons:
1. Since Atkinson is undeveloped there is no necessity to
bulkhead it (at least not on the off-channel side). Natural
beaches and marsh have been lost from the mainland shores
of Galveston Bay as it is increasingly developed. The loss
is serious and will increase. Exactly the same kind of
natural beach, marsh and tidal flat area, however, that is
disappearing from the mainland shore is coming into existence
on this spoil island. Probably it is due to this significant
re-creation of natural beach and marsh that we have retained
as much marine life in Galveston Bay as we have retained.
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2. This island is now wild. In this state it creates very little
pollution. If it were emitting air and water pollutants, the
value of the wind over the bay as a clearing agent for the
mainland would be lost. In fact, the wind from the water would
become dangerous.
3. The value of keeping the Bay an open space in the center of a
congested population seems to need no explanation. If this
island down the middle of this bay were developed, this value
would no longer exist.
4. In the past five years Atkinson Island has increasingly attracted
shorebirds, both for nesting and summering. A list of birds
habitually seen on this island from May to November follows:
1. White pelican
2. Great Blue Heron
3. Common Egret
4. Snowy Egret
5. Roseate Spoonbill
6. Black Crowned Night Heron
7o La. Heron, Little Blue, or Reddish Egret
8. American Bittern
9. Wood Ibis
10. Black Skimmer (nesting)
11. Gulls (nesting)
12. Terns
13. American Avocet
14. Black Necked Stilt
15. Sandpiper
16. Redwinged Blackbird
17. Hawk (can't identify kind, nesting)
18. Brown speckled bird, long bill turned up
19. " " " " " " down
Glossy ibis and cattle egret along with some wading birds I don't know
are to be seen on nearby mainland. Armadilloes and rabbits are plentiful on
Atkinson Island. There is a variety of grasses, shrubs, trees, and flowers.
Hackberry, toothache and tallow grow fairly tall. Possibly live oak mottes
could be formed, certainly liveoaks would survive. The grasses are prairie
as well as salt. Typically Texas plants seem to gravitate to this place;
mesquite, prickly pear, cena, cow myrtle and blue gentian (which is rare with
us now) among others. Ducks and geese, of course, stop here and on April 2,
1967, I counted two-thousand and forty-nine white pelicans as they flew over
a certain spot in single file on Atkinson Island. Around six hundred white
pelicans, I believe, remain here all summer.
As this island grows larger and solider, the temptation to take it for
industrial, commercial or municipal use increases. Already, a sewage plant
has been suggested for its northern end.
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"X
tr /o ./ p ,n q
'fcn Uonseryotioa LxOunol, Jnc.
11909 Knippwood Lane
Houston, Texas 77024
October 21, 1968
Mr. William D. Gallagher, Director
Federal Water Pollution Control Administration
1402 Elm Street
Dallas, Texas 75202
For Record of Federal Hearing
held in Galveston, Texas, on
October 8, 1968
Dear Mr. Gallagher:
At the federal hearing held in Galveston on October 8th, we heard some
impressive statistics given by state agencies to show that the Houston
area is making headway against water pollution. The testimony sounded
vary convincing - at least to the layman - but the Ship Channel water
doesn't seem to be any less polluted and Dr. Walter Quebedeaux, Harris
County Pollution Control Director, has been quoted as saying that it
isn't getting any better. A fish kill of an estimated 30,000 fish in
the Morgan's Point area in September was blamed on a heavy rain that
washed polluted waters into the bay from the Houston Ship Channel.
This doesn't indicate improvement.
We feel thr.r. the recreational values of our streams and estuarine areas
should be given more consideration than they appear to be receiving.
These va^u^s are not often expressed in terms of dollars and cents, but
the Bureau of Business Research of the University of Texas made such a
study in 1958. In a report entitled "The Marine Resources of the Corpus
Christi Area," it placed a yearly value of $150 on each acre of bey.
Now, ten years later, the recreational value of this bay could easily be
several times this amount and for Galveston and Trinity Bays it would be
much higher because these bays are surrounded by one of the larger urban
centers of the nation. We believe the recreational value could run into
the billions yet polluters are rapidly destroying this tremendous natural
resource.
These bays are of great value also for their aquatic life .'the fish, the
shrimp and the oysters - all of which are dependent on the estuerine areas
during at least a part of their lives. It is probably unnecessary for
us to review the values of the bays to commercial fishermen since they
have undoubtedly been reported to you but perhaps we should mention that
the food grown in our bays and estuaries sustains our large bird popula-
tion. The roscateppoonbills, which were approaching extinction some years
ago^are now rcors abundant in the Galveston- Trinity Bay area th?.n anywhere
. PPfSlDtN'
L ') P (FtP. VICE PRF.bU'LMI
.','?-> A v EMMOTI. ScCRETARY
'.IKS Jfssf |,A-. il' TREA^'h'.'lR
MRS L N DEXIFR. EDITOR
OR RICHARD O ALBERT, ALICE
CASH AbHEP, CORPUS CHRIST!
OR 3'
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else in the nation. Our rare whooping cranes, which are a great tourist
attraction, depend for survival on favorable feeding conditions in the
bays near their winter sanctuary on the Aransas Wildlife Refuge yet the
Texas Parks and Wildlife Commission has granted permits for shell dredging
that will silt up and otherwise damage their feeding areas.
We receive copies of permit applications for various bay projects from the
Corps of Engineers, Galveston District. We realize that there is a pressing
need for bulkheads, wharves, pipelines, drilling platforms etc. While most
single requests are minor, the sum total is staggering. The cumulative
effect is to destroy our shallow water areas and pollute what remains of
our bays.
Some remedy must be found. Again and again at the Hearing we heard our
state agencies say they could and they would clear up pollution wi thout
federal help but we feel that this is wishful thinking and that we cannot
depend on the State Legislature to provide the laws necessary to adequately
control pollution. The last Legislature had an excellent opportunity to
pass the Rex Braun bills for enforcing anti-pollution laws by permitting
suits against industrial corporations. Similar bills were also presented
in previous years by Congressman Bob Eckhardt when he was a state repre-
sentative from Harris County. All such bills were defeated by special in-
terests. We see little hops of improvement without federal pressure and
we urge that you apply that pressure.
Sincerely,
L.N. Dexter, Board Chairman
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