Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`GALVESTON DIVISION
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`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`__________________________________________
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Defendants.
`__________________________________________)
`
`v.
`SEA LION CHEMICAL TECHNOLOGY, INC.,
`SEA LION, INC.,
`
`Civil Action No.
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`3:21-cv-347
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`COMPLAINT
`
` The United States of America, by the authority of the Attorney General of the United
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`States, by and through the undersigned attorneys, acting at the request of the Administrator of the
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`United States Environmental Protection Agency (“EPA”), alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action pursuant to Section 107(a) of the Comprehensive
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`Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9607(a),
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`against Defendants for the recovery of unreimbursed response costs that the United States has
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`incurred in response to the release or threatened release of hazardous substances at and from the
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`Malone Service Company Superfund Site, located at 5300 Campbell Bayou Road in Texas City,
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`Texas (the “Site”).
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`2.
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`Pursuant to CERCLA Section 113(g)(2), 42 U.S.C. § 9613(g)(2), the United
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`States further seeks a declaratory judgment, binding in any subsequent action by the United
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`GALVESTON DIVISION
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`__________________________________________
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`Defendants.
`__________________________________________)
`
`v.
`SEA LION CHEMICAL TECHNOLOGY, INC.,
`SEA LION, INC.,
`
`Civil Action No.
`
`3:21-cv-347
`
`COMPLAINT
`
` The United States of America, by the authority of the Attorney General of the United
`
`States, by and through the undersigned attorneys, acting at the request of the Administrator of the
`
`United States Environmental Protection Agency (“EPA”), alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action pursuant to Section 107(a) of the Comprehensive
`
`Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9607(a),
`
`against Defendants for the recovery of unreimbursed response costs that the United States has
`
`incurred in response to the release or threatened release of hazardous substances at and from the
`
`Malone Service Company Superfund Site, located at 5300 Campbell Bayou Road in Texas City,
`
`Texas (the “Site”).
`
`2.
`
`Pursuant to CERCLA Section 113(g)(2), 42 U.S.C. § 9613(g)(2), the United
`
`States further seeks a declaratory judgment, binding in any subsequent action by the United
`
`
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`Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 2 of 7
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`
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`States to recover further response costs, that the Defendants are liable for future response costs
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`incurred by the United States in connection with the Site.
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`JURISDICTION AND VENUE
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`3.
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`This Court has jurisdiction over the subject matter of this action pursuant to
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`Section 113(b) of CERCLA, 42 U.S.C. § 9613(b), and 28 U.S.C. Sections 1331 and 1345.
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`4.
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`Venue is proper in this District pursuant to 42 U.S.C. Section 9613(b) and 28
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`U.S.C. Sections 1391(b) and (c) and 1367 because the release or threatened release of hazardous
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`substances that gives rise to the action occurred in this District.
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`DEFENDANTS
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`5.
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`Defendants Sea Lion Chemical Technology, Inc., and Sea Lion, Inc., are
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`“persons” within the meaning of Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).
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`6.
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`7.
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`Sea Lion, Inc. is the corporate parent of Sea Lion Chemical Technology, Inc.
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`GENERAL ALLEGATIONS
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`The Site encompasses approximately 150 acres near Galveston Bay and Swan
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`Lake, approximately 1.6 miles southeast of the intersection of State Highway Loop 197 and State
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`Highway 3, in Texas City, Texas.
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`8.
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`From approximately 1964 until 1996, the Malone Service Company stored and
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`treated or disposed of hazardous substances on portions of the Site. A large number of
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`companies sent approximately 481 million gallons (11.45 million barrels) of waste to the Site.
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`The predecessor to the Texas Commission for Environmental Quality (“TCEQ”) revoked the
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`Malone Services Company’s permits in 1997. The Site no longer receives hazardous wastes.
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`9.
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`EPA listed the Site on the National Priorities List on June 14, 2001. 66 Fed. Reg.
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`32,235, 32,238 (June 14, 2001) (Table 1). Pursuant to an Administrative Order on Consent
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`2
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`Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 3 of 7
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`signed by EPA on September 30, 2003, a group of potentially responsible parties (“PRPs”)
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`completed the remedial investigation/feasibility study (“RI/FS”) for the Site. Based upon the
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`RI/FS, EPA selected the “Site Remedial Action” which is documented in the Record of Decision (“the
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`ROD”) signed on September 30, 2009.
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`10.
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`The EPA subsequently entered into a judicial consent decree with 103 private entities, the
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`State of Texas, and eight federal agencies for recovery of response costs and performance of the remedy
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`pursuant to the ROD. The decree was entered by the District Court for the Southern District of Texas on
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`September 24, 2012 (U.S. v. Alcoa, Civ. Action No. 3:12-cv-00210, S.D. Tex.) The approximate cost
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`of the remedial action performed at the Site was $56.4 million. It was completed in 2017.
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`11.
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`The hazardous substances of concern at the Site are metals, volatile organic
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`chemicals, semi-volatile organic chemicals, dioxins, and polychlorinated biphenyls.
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`12.
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`Sea Lion Chemical Technology, Inc. operated a manufacturing facility in Texas
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`City, Texas, that produced specialty chemicals, including silane products used in low rolling-
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`resistance tire compounds, as well as hydrogen sulfide, sodium hydrogen sulfide, o-
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`dichlorobenzene, dimethyl sulfate, hydrogen peroxide, sodium metal, sodium methoxide,
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`pyrophoric chemicals and catalysts, epichlorohydrin, styrene, o-cresol, and concentrated
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`hydrochloric, sulfuric and nitric acids.
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`13.
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`During its operations, Sea Lion Chemical Technology, Inc. generated waste
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`materials and hazardous substances that were sent to the Site for disposal, as described in
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`manifests and State of Texas reports, including spent process acid, corrosive and hazardous
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`waste liquids, and spent sulfuric acid.
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`14.
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`The Site waste-in list estimates that Sea Lion Chemical Technology, Inc.
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`contributed 10,189,449 gallons of wastes that were sent between 1977 and 1993.
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`3
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`15.
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`Sea Lion, Inc. is the corporate parent of Sea Lion Chemical Technology, Inc. and
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`is liable for the actions of Sea Lion Chemical Technology, Inc., as its corporate successor.
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`16.
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`There was a “release” or a threatened “release” within the meaning of Section
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`101(22) of CERCLA, 42 U.S.C. § 9601(22), of “hazardous substances” within the meaning of
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`Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), into the environment at and from the Site.
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`17.
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`The Site is a “facility” within the meaning of Section 101(9) of CERCLA, 42
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`U.S.C. § 9601(9).
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`18.
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`EPA has incurred and will continue to incur response costs at the Site to address
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`the release and disposal of hazardous substances at the Site.
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`FIRST CLAIM FOR RELIEF
`(Response Costs Under CERCLA § 107(a))
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`19.
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`The allegations contained in Paragraphs 1 – 18 are realleged and incorporated
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`herein by reference.
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`20.
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`Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), provides in pertinent part as
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`follows:
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`subject only to the defenses set forth in subsection (b) of this section . . .
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`(3) any person who by contract, agreement, or otherwise arranged for
`disposal or treatment, or arranged with a transporter for transport for
`disposal or treatment, of hazardous substances owned or possessed by
`such person, by any other party or entity, at any facility or incineration
`vessel owned or operated by another party or entity and containing such
`hazardous substances . . .
`from which there is a release, or a threatened release which causes the incurrence of
`response costs, of a hazardous substance, shall be liable for —
`
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`(A) all costs of removal or remedial action incurred by the
`United States Government or a State or an Indian tribe not
`inconsistent with the national contingency plan . . . .
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`4
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`Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 5 of 7
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`21.
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`Defendants are persons, or the successors to persons, who arranged for the
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`disposal or treatment, or the transport for disposal or treatment, of hazardous substances within
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`the meaning of Sections 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).
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`22.
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`The actions taken by the United States in connection with the Site constitute
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`“response” actions within the meaning of Section 101(25) of CERCLA, 42 U.S.C. § 9601(25), in
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`connection with which the United States has incurred costs.
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`23.
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`The costs incurred by the United States in connection with the Site are not
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`inconsistent with the National Contingency Plan, codified at 40 C.F.R. Part 300.
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`24.
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`Pursuant to Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3), Defendants
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`are jointly and severally liable to the United States for all unreimbursed response costs incurred
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`and to be incurred by the United States in connection with the Site, including enforcement costs
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`and prejudgment interest.
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`SECOND CLAIM FOR RELIEF
`(Declaratory Judgment Under CERCLA § 113)
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`25.
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`The allegations in paragraphs 1 – 24 are re-alleged and incorporated herein by
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`reference.
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`26.
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`CERCLA Subsection 113(g)(2), 42 U.S.C. § 9613(g)(2), states that in any action
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`for recovery of costs under CERCLA Section 107, 42 U.S.C. § 9607, “the court shall enter a
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`declaratory judgment on liability for response costs . . . that will be binding on any subsequent
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`action or actions to recover further response costs.”
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`27.
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`The United States will continue to incur response costs associated with the
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`contamination at the Site, including governmental enforcement costs that are recoverable under
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`CERCLA. The United States is entitled to entry of a declaratory judgment that each of the
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`5
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`Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 6 of 7
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`Defendants is jointly and severally liable to the United States for future response costs incurred
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`in connection with the Site.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, the United States of America, prays that this Court:
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`1.
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`Enter judgment in favor of the United States and against Defendants, jointly and
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`severally, for all costs, including prejudgment interest, incurred by the United States for response
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`actions in connection with the Site and not otherwise reimbursed;
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`2.
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`Enter a declaratory judgment that Defendants are liable, jointly and severally, for
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`all future response costs incurred by the United States in connection with the Site;
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`Award the United States its costs of this action; and
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`Grant such other relief as the Court deems just and proper.
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`3.
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`4.
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`Respectfully submitted,
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`FOR THE UNITED STATES OF AMERICA
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`
`TODD KIM
`Assistant Attorney General
`Environment and Natural Resources Division
`U.S. Department of Justice
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`s/ Samuel D. Blesi
`SAMUEL D. BLESI
`Trial Attorney
`Environmental Enforcement Section
`Environment and Natural Resources Division
`U.S. Department of Justice
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`P.O. Box 7611
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`Washington, D.C. 20044-7611
`Telephone: 202-514-5516
`Fax: 202-514-1466
`E-mail: Sam.Blesi@usdoj.gov
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`6
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`Case 3:21-cv-00347 Document 1 Filed on 12/15/21 in TXSD Page 7 of 7
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`JENNIFER B. LOWERY
`ACTING UNITED STATES ATTORNEY
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` s/ Jimmy A. Rodriguez
`JIMMY A. RODRIGUEZ
`Senior Litigation Counsel
`Assistant United States Attorney
`Southern District of Texas
`Texas Bar No. 24037378
`Federal ID No. 572175
`1000 Louisiana, Suite 2300
`Houston, Texas 77002
`Tel: (713) 567-9532
`Fax: (713) 718 3303
`jimmy.rodriguez2@usdoj.gov
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`OF COUNSEL:
`ANNE FOSTER
`Assistant Regional Counsel
`U.S. Environmental Protection Agency
`Region 6
`1201 Elm Street
`Dallas, TX 75270
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`7
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