Attorney General Ken Paxton announced a settlement of over $6.6 million with Intercontinental Terminals Company, LLC (“ITC”) to address natural resource damages resulting from the 2019 fire at the Deer Park facility. Paxton expressed satisfaction with the settlement, stating, “I’m pleased we were able to secure this natural resource damages settlement after the serious destruction caused by the fire at Deer Park. This fire burned for three days, spewing hazardous chemicals into our air, water, and land.”
The State of Texas and the United States filed a civil complaint and a proposed consent decree seeking money damages and costs under CERCLA for injuries to natural resources caused by the fire at ITC’s Deer Park facility. The fire led to the release of hazardous substances into waterways, impacting ecological resources and habitats. Paxton emphasized the importance of companies taking precautions to prevent such disasters, stating, “All companies operating in our state must take the utmost precaution to prevent any such disaster from harming our citizens and our environment.”
Under the proposed consent decree, ITC will pay $6,645,000 to compensate for natural resource injuries and agency costs. The funds will be used for natural resource restoration projects and recreational use projects to address ecological injuries and impacts on human use. Additionally, ITC had previously reimbursed federal and State trustees for assessment costs.
The settlement is subject to a 30-day public comment period, during which the Attorney General’s Office will seek feedback from the public. The notice of the settlement will be published in the Texas Register for public review.