Intercontinental Terminals Company LLC (ITC) has agreed to pay over $6.6 million to federal and state natural resource trustees to resolve claims for natural resource damages resulting from a 2019 fire at ITC’s Deer Park terminal facility near Houston that released hazardous chemicals, the Justice Department announced this week.
A complaint filed concurrently with the proposed consent decree seeks money damages and costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The fire resulted in the release of hundreds of thousands of barrels-worth of petrochemical products and firefighting water and foam into Tucker Bayou and surrounding waterways, including the Houston Ship Channel.
Designated federal and state trustees determined that the hazardous substances released from ITC’s facility caused significant injuries to ecological resources and services, including birds and marsh and riparian habitat areas. In addition, the hazardous chemicals released into air and water resulted in lost recreational opportunities in the Deer Park area, including temporary closures of multiple state, county and city parks and the Lynchburg Ferry, as well as the cancelation of an annual historical reenactment at San Jacinto State Park.
The settlement will be used to compensate the public for natural resource injuries, reimburse trustee agencies for the costs of assessment and fund the restoration planning and oversight process that will guide how restoration will be conducted. After a process that will include an opportunity for public comment, the trustees will use the cash payment to implement natural resource restoration projects to address ecological injuries and enhance recreational use to address lost human use of the injured resources. ITC previously paid about $1 million to reimburse federal and state trustees for their prior assessment costs.
Source: U.S. Department of Justice