HOUSTON, TX (KTRK) -- Harris County officials made good on a promise to sue Crosby chemical plant Arkema Thursday.
The suit, first discussed in September, claims the plant's explosion after Harvey caused negative health effects to residents nearby.
"Companies should be on notice that we care when they pollute our air, our water, our environment," Ogg said. "We are looking into exactly what happened at the plant. We are gathering facts and we will apply the law. Arkema is under criminal investigation."
Thursday's suit alleges Arkema had unpermitted air releases, wastewater releases, violated the Clean Air Act and asks for reimbursement for costs incurred by the county during the enforcement of the 1.5-mile evacuation zone. It also asks for an "environmental audit" of the Arkema plant to find out what it will take to "bring the Facility into compliance."
Additionally, the county alleges that because the facility is in a floodplain, any buildings must have a permit under floodplain regulations. County records show Arkema doesn't have a permit for one or more of the structures on the property, the suit alleges.
"This was a very dangerous situation," County Attorney Vince Ryan said in an e-mailed statement. "Arkema must take responsibility for its inability to ensure the safety of the people of the Crosby community and those who protect them."
Wednesday, members of the Chemical Safety Board questioned Arkema's safety plans after building the plant in a flood zone and not having a disaster plan that included the possibility of significant flooding.
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First responders file suit against Arkema over 'serious bodily injuries' in Houston chemical plant fire after Hurricane Harvey
First responders filed a lawsuit in Harris Count court alleging Arkema failed to take adequate safety steps to secure dangerous chemicals ahead of Hurricane Harvey.
The lawsuit filed by seven police, fire and emergency service workers seeks at least $1 million Published 11:22 PM ET Thu, 7 Sept 2017 Reuters
Police and emergency workers filed suit on Thursday against French chemicals company Arkema SA, claiming they were injured after it failed to take adequate steps to avoid a fire at its Crosby, Texas, plant after Hurricane Harvey.
CNBC
Screengrab of a video taken of a fire at the Arkema plant in Crosby, Texas, September 1, 2017.
Seven police, fire and emergency medical technicians sued Arkema in Harris County District Court for at least $1 million, alleging negligence by the company and executives led flammable organic peroxides stored at the site to ignite after the plant lost power during the storm.
Arkema defended its efforts to secure the chemicals and plant, saying in a statement that it worked with police, fire and regulatory officials to protect the plant and local residents.
"We deeply regret that anyone suffered harm as a result of the havoc wreaked on our plant by Hurricane Harvey," it said in statement. It called the negligence suit "gravely mistaken" and said it will contest the allegations.
The seven emergency workers claim they received "serious bodily injuries" after breathing smoke released by the fire while manning an evacuation perimeter a mile and a half from the plant. The chemicals are used in the manufacture of plastics.
The company and its executives failed to protect the chemicals adequately and did not alert the emergency workers on Aug. 31, after some containers exploded, caught fire and released "toxic fumes," the suit said.
Texas chemical plant fire rages 6:47 PM ET Fri, 1 Sept 2017 | 00:31
Arkema's executives "repeatedly denied that the chemicals were toxic or harmful in any manner" and the seven emergency workers "relied on these representations and suffered serious bodily injuries as a result," the suit alleges.
In all, about 15 emergency workers outside the plant required care at the scene or were taken to a hospital and treated for smoke inhalation.
Floodwaters from Harvey cut electricity feeding refrigeration units used to keep the plant's tanks of volatile organic peroxide from warming and combusting.
Plant workers evacuated after moving the chemicals into nine trailers.
The federal Chemical Safety Board has launched an investigation of the incident, and the Environmental Protection Agency has been monitoring the site for pollutants.