293 



Hudson River {Wappinger Creek) 



The material for this case study was obtained from the New York 

 State Conservation Department, Fish and Game Division, Albany, 

 N.Y. They graciously provided a legal case from their records. The 

 case study quoted here is one of less than a half dozen situations dur- 

 ing the past 40 years in which legal evidence, sufficient to be assured 

 of a successful court case, could be obtained. Faced with the evidence 

 an out-of-court settlement was reached. 



The fact that in 40 years less than six legal cases could be obtained 

 along a river-estuary system as well developed as the Hudson River 

 points out the extreme difficulty in obtaining positive confirmation 

 of a use damage. 



On June 27, 1962 a delivery of No. 6 fuel oil was made to a storage 

 tank which was not emptied sufficiently to accomftiodate all the oil 

 delivered. An unknown quantity was spilled in Wappinger Creek, 

 a direct tributary of the lower Hudson River. The oil company re- 

 ceived complaints from property owners along the stream and decided, 

 after skimming and pumping failed, to use a chemical, Ozene, which 

 would be sprayed on the oil. It is estimated that about 30 gallons of 

 Ozene was actually used in the stream spraying operation. It can 

 safety be assumed that at least 20 gallons went directly into the waters 

 of Wappinger Creek. 



An abundance of dead fish was observed from the site of the spray- 

 ing operation to about 1 mile downstream. Occasional dead fish were 

 observed as far as 4 miles downstream. The fish kill was estimated at 

 10,000 fish, with about 75 percent being rough fish and minnow, 15 

 percent pan fish, and 10 percent trout. 



A bio-assay was conducted using a solution of Ozene at the Rome 

 hatchery using sprmg water, and a solution concentration of 4.5 p.p.m. 

 orthodichlorobenzene. One hundred percent of test fish were killed in 

 8 hours. On this basis, 20 gallons of Ozene would be capable of making 

 toxic approximately 5,125,000 gallons of water. Since spraying would 

 result in even higher local concentrations before complete mixing, the 

 high concentration would kill in a time period of 10 minutes or less. 



The fish kill was the direct result of the application of a material 

 called Ozene to the surface of Wappinger Creek. A $500 settlement 

 for violation of section 180 "Pollution of Streams Prohibited" of the 

 New York State Conservation laws effected by out-of-court settlement. 

 The oil spill itself was a violation of the classification standard 

 established by the Water Pollution Control Board for Wappingers 

 Creek. 



DAMAGE TO WILDLIFE FROM OIL SPILLS 



New Haven Harhor^ Conn. 



The following quotation is from a release by Mr. O. E. Beckley, 

 supervisor, Game Management, Board of Fisheries and Game, State of 

 Connecticut, dated March 28, 1961, and describes the death and value 

 of duck life destroyed by oil resulting from a tanker with a rupture 

 in her hull : 



"On December 17, 1960, the S. S. Sister Katingo, a supertanker owned by the 

 Nautilus Petroleum Oorp. of New York, carrying a cargo of bunker "C" oil, 

 reportedly struck a submerged object somewhere off Brenton Reef, R.I., causing 

 a rupture in her port side. 



