HOUSTON - Harris County Attorney Vince Ryan has sued Intercontinental Terminals Company LLC (ITC) over the dangerous fire that began March 17 at that facility in Deer Park.
On Wednesday, Harris County Commissioners approved the lawsuit, which seeks a temporary restraining order and temporary and permanent injunctions in an environmental enforcement action.
The county attorney charges that ITC is responsible for burning and air emissions in violation of the state’s Clean Air Act, discharging industrial waste into nearby waters in violation of state law and county regulations, and violation of county floodplain regulations by not having development permits for structures at its facility.
“This company put the health of Harris County residents in danger in many ways for several days,” said Ryan. “We will hold them responsible for their actions.”
Harris County’s Pollution Control, Emergency Management and Fire Marshall personnel responded to two tanks burning at ITC on March 17.
Over the next few days, more tanks caught fire, releasing air contaminants. Firefighting foam sprayed on the burning tanks by ITC and industrial wastewater were discharged into local waters and it continues to this day.
A containment dike breached on March 22, allowing the discharge into Tucker Bayou, which then ignited. In addition, benzene leaks from fire-damaged tanks and firefighting foam caused two local shelter-in-place advisories.
The lawsuit seeks a temporary restraining order forbidding ITC to re-open until a third-party expert appointed by the Court finds it is safe to resume operations. The order would also forbid the company from disposing of any wastes by opening tanks where it is stored and venting it into the atmosphere and it would require ITC to maintain all records and water, air and ground samples it has collected.
The lawsuit also asks for civil penalties for violations of state and local regulations and that ITC reimburse the County for its response to the fire and for attorney’s fees.
“When we allow companies like ITC to locate in our community, they have a responsibility to operate in a safe manner,” said Ryan. “That’s why we have local and state regulations and laws to ensure that our residents are protected.
"Violations of those laws are unacceptable and we will work to ensure that they are enforced.”