Congaree Riverkeeper Threatens to Sue Over Plastic Pollution

Today, Congaree Riverkeeper, represented by the Southern Environmental Law Center, told two major plastic manufacturing companies it intends to sue in federal court if their ongoing pollution is not remedied within 90 days. The two companies, Alpek Polyester USA, LLC (Alpek) and Eastman Chemical Company (Eastman), operate a large industrial plant on the banks of the Congaree River near Congaree National Park. According to the letter, the plant is engaged in multiple forms of illegal pollution: releasing large numbers of plastic pellets—known as “nurdles”—into the Congaree River; discharging the toxic chemical 1,4-dioxane without authorization; and violating pollution limits in its discharge permit designed to protect aquatic life.

Plastic pollution presents a major threat to the environment and public health, according to numerous studies. Once released into the environment, nurdles break up and multiply into toxic microplastics that can build up in the bodies of fish, wildlife, and people, causing myriad health risks ranging from reproductive and respiratory harms to colon and lung cancer.

“Thanks to Alpek and Eastman, plastic pellets are going right into the Congaree River, a popular fishing spot upstream from Congaree National Park,” said Bill Stangler, Congaree Riverkeeper. “Those who enjoy our waters and wetlands shouldn’t have to worry about plastic pollution every time they paddle, fish, or recreate along the Congaree.”

The letter also alleges that the plant is among the Nation’s largest dischargers of the chemical 1,4-dioxane, which has been designated as a probable carcinogen by the U.S. Environmental Protection Agency (EPA). The plant’s discharges of 1,4-dioxane are unauthorized, according to the letter––as are its routine violations of pollution limits for “biochemical oxygen demand,” which were set to protect aquatic life in the Congaree.

“What we see at the Alpek-Eastman Plant is a ‘who’s who’ of illegal pollution: plastics littering the area that can lodge in fish and people; large discharges of a toxic chemical; and high levels of organic pollution,” said Carl Brzorad, a Staff Attorney at SELC. "We’re prepared to take this to federal court if Alpek and Eastman don’t clean up their act.”

The letter states that the pollution at the plant violates the federal Clean Water Act and Resource Conservation and Recovery Act, noting that these violations are subject to penalties of up to over $90,000 per day. If these violations are not addressed, the letter says, the groups will file a citizen suit in federal court to stop the pollution.