BAYTOWN, Texas — Harris County is suing ExxonMobil for the explosion and fire that happened in Baytown Wednesday.
The lawsuit claims that the company violated the Texas Clean Air Act and the fire caused the emission of multiple air pollutants, including propylene, LPG, propane and associated products of combustion.
The purpose of the Texas Clear Air Act is to “safeguard the State’s air resources from pollution by controlling or abating air pollution and emissions of air contaminants, consistent with the protection of public health, general welfare, and physical property...,” according to court documents.
Harris County has also filed for a temporary restraining order and a temporary injunction ordering ExxonMobil to comply with the Texas Clean Air Act, Texas Water Code and Texas Administrative Code.
This is the second time this year Harris County has sued Exxon for violating state law at the Baytown Olefins Plant.
The first lawsuit involved an explosion in the refinery side of the complex.
Rock Owens, special assistant attorney in environment matters for Harris County, said the fire caused air pollution in the county and was a nuisance to those who had to shelter-in-place.
He said the county is looking for a court order that will require Exxon to allow a third party independent expert to examine the cause of the fire and determine what needs to be done to prevent another similar blaze.
“Those could range from anything form changes in equipment, changes in personnel and procedures and processes so it can be a very detailed order and it’ll take some time to figure that out,” Owens said.
He said this sets an example to other companies that these sort of violations won’t be tolerated.
One of the reasons the county filed so quickly is because they have to file in Harris County before the state bring a case.
“If they don’t file here and the state brings the case first it gets filed in Travis County and Harris County residents then at that point have nothing to say about it,” Owens said. “It gets resolved. That’s the end of that.”
Through a series of tweets, ExxonMobil said the rest of the Baytown plant is operating at a reduced rate, and they’ll continue to monitor the air around the plant to make sure levels are normal..
The company has set up a hotline for people impacted by the fire to file a claim.