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Five companies to pay $7.2 million settlement for natural resource damages to Toledo watershed areas

Ohio Refining Co., Chevron U.S.A. Inc., Energy Transfer (R&M) LLC, Pilkington North America Inc. and Chemtrade Logistics Inc. all agreed to the settlement.

TOLEDO, Ohio — Ohio Refining Co., Chevron U.S.A. Inc., Energy Transfer (R&M) LLC, Pilkington North America Inc. and Chemtrade Logistics Inc. all agreed to a $7.2 million settlement to resolve claims of natural resource damage at the Duck & Otter Creek Natural Research Damage Assessment (NRDA) site. 

A complaint filed alleges that these five companies repeatedly dumped oil discharge or other hazardous substances, like polycyclic aromatic hydrocarbons (PAHs), arsenic and lead, into the Duck & Otter Creeks NRDA site in Toledo.

The site is east of the Maumee River includes several creeks, wetlands, floodplain and uplands that flow into Lake Erie.

The oil spills directly caused PAH pollution within the creeks and PAHs and metals were identified in sediment at different locations throughout the site and in concentrations that could cause harm to invertebrates, fish, birds and mammals. 

“The Maumee River watershed, including Duck and Otter Creeks, provides key habitats for migratory birds and fish, and supports hunting and fishing activities for local residents,” said Midwest Regional Director Will Meeks of the U.S. Fish and Wildlife Service (USFWS). “We are excited to work with our partners in the Maumee Area of Concern Advisory Committee and the City of Toledo on restoring this incredible resource. The proposed project will provide additional benefits to the local community and this important river and coastal area.”

According to U.S. Attorney Rebecca C. Lutzko, Ohio's goal moving forward is to maintain compliance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

“For decades, these companies released toxic industrial pollutants into Ohio waterways, damaging our local wildlife and ecosystem,” said Lutzko. “Our office is proud to assist the Justice Department’s Environment and Natural Resources Division and the Department of the Interior in taking this critical step to protect our residents’ health, preserve our environment and ensure compliance with CERCLA and other environmental laws.”

The Toledo mayor Wade Kapszukiewicz also commented that the settlement was a win for the city and benefited upcoming restoration projects planned for the area.

“Toledo is committed to safeguarding our environment, and these settlements represent a significant win for the health of the Maumee River watershed," stated Kapszukiewicz. "Work is already underway for restoration projects that will not only heal the ecological damage caused by years of industrial discharge but also enhance the quality of life for our community.”

A draft restoration plan for the Duck and Otter Creeks site has been made available by the U.S. Fish and Wildlife Service.

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