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Cause No.

___________

STATE OF TEXAS, § IN THE DISTRICT COURT


§
Plaintiff, §
§
v. §
§ TRAVIS COUNTY, TEXAS
DAVID POLSTON and INLAND §
ENVIRONMENTAL AND §
REMEDIATION, INC., and INLAND §
RECYCLING, L.L.C., §
§
Defendants. § ____ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION


AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY
INJUNCTION, AND PERMANENT INJUNCTION

TO THE HONORABLE JUDGE OF THE COURT:

The State of Texas (“State”), by and through its Attorney General, on behalf of the

people of Texas and the Texas Commission on Environmental Quality (“TCEQ”), files

this Original Petition and Application for Temporary Restraining Order, Temporary

Injunction, and Permanent Injunction. The State would respectfully show the Court

the following:

I. DISCOVERY AND REQUESTED RELIEF

1.1 The State will conduct discovery under a Level 2 Discovery Control Plan.

Tex. R. Civ. P. 190.3.


1.2 The case is not subject to the expedited actions process in Texas Rule of Civil

Procedure 169 because Plaintiff seeks non-monetary injunctive relief and Plaintiff’s

claims for damages of any kind, civil penalties, costs, expenses, and attorneys’ fees exceed

$100,000.

1.3 Pursuant to Texas Rule of Civil Procedure 47(c), the State seeks monetary

relief over $200,000, but not more than $1,000,000, non-monetary injunctive relief, and all

other relief it is entitled to.

II. PARTIES

2.1 Plaintiff, the State of Texas, through its Attorney General, is authorized to

bring this suit at the request of the TCEQ.

2.2 Defendant, David Polston is an individual. He may be served with process

at: 1022 Schultz Road, Columbus, Texas 78934; 6254 Highway 71, Altair, Texas 77412; or

wherever he may be found.

2.3 Defendant, Inland Environmental and Remediation, Inc., is a foreign

corporation organized and existing under the laws of Delaware. Its principal office is

located at 1022 Schultz Road, Columbus, Texas 78934. Defendant Inland Environmental

and Remediation, Inc.’s President is Defendant David Polston. Defendant Inland

Environmental and Remediation, Inc., may be served with process through its registered

agent, J. Winston Krause, at 504 West 13 th Street, Austin, Texas 78701.


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Plaintiff’s Original Petition 2


State of Texas v. David Polston, et al.
2.4 Defendant, Inland Recycling, L.LC., is a Texas limited liability company. Its

principal office is located at 1022 Schultz Road, Columbus, Texas 78934. Defendant

Inland Recycling, L.LC., may be served with process through its President and registered

agent, David Polston, at: 1022 Schultz Road, Columbus, Texas 78934; 6254 Highway 71,

Altair, Texas 77412; or wherever he may be found.

III. JURISDICTION AND VENUE

3.1 This Court has jurisdiction. Tex. Const. art. V, § 8; Texas Water Code

§§ 7.032, 7.105 and 7.108.

3.2 Venue for this suit is proper in Travis County. Id. § 7.105.

IV. NATURE OF SUIT AND AUTHORITY

4.1 This is a lawsuit to enforce Texas Water Code Chapter 26 (“Chapter 26”),

which contains statutes controlling the quality of water in the state. See Tex. Water Code

§§ 26.001 et seq. This matter concerns a facility owned and operated by Defendants

located at 6254 Highway 71, Altair, Texas 77412. Waste has discharged from the facility

into water in the state and caused pollution in violation of Chapter 26. Defendants have

failed to address these violations and prevent further discharges. Consequently,

Defendants’ violations threaten to render water in the state harmful to the public health

and environment. This suit seeks to enjoin Defendants’ violations and protect the

quality of water in the state. Additionally, this suit seeks to assess statutory penalties.

Plaintiff’s Original Petition 3


State of Texas v. David Polston, et al.
4.2 The TCEQ may institute legal proceedings to compel compliance with the

relevant provisions of the Water Code and regulations promulgated thereunder. Tex.

Water Code § 7.002. At the TCEQ’s request, the Texas Attorney General is authorized to

institute a suit in the name of the State of Texas for: (i) injunctive relief to restrain a

violation or threatened violation; and (ii) to recover civil penalties, Tex. Water Code §§

7.032, 7.105. The State is not required to pay a bond in relation to such a suit. Tex. Civ.

Prac. & Rem. Code § 6.001; Tex. Health & Safety Code § 341.048(g).

V. BACKGROUND

5.1 Defendants own and operate a waste processing facility located at 6254

Highway 71 South, Altair, Colorado County, Texas 77412 (“Altair Facility”). The Altair

Facility accepts waste including oil and gas waste, hazardous waste, and industrial solid

waste, and processes it into material used as road base. Types of materials accepted

include used oil, heavy oil, tank bottoms, and other commercial chemical products, and

combustible, flammable, and corrosive liquids. See Ybarra Affidavit. Defendants also

operate a washout operation at the Facility where truck tires, plastic totes, and other

storage materials that have come into contact with waste are washed. See Thumann

Affidavit.

5.2 The Altair Facility spans 300 acres including one mile of frontage on Skull

Creek—a tributary of the Colorado River serving agricultural and recreational needs in

Colorado County, Texas. See Ybarra Affidavit. The Facility contains approximately

Plaintiff’s Original Petition 4


State of Texas v. David Polston, et al.
16,700 tons of materials including 4,000 containers (totes and drums) of solid waste and

an area with an estimated 50 tons of material in super sacks, scrap metal and various sizes

of used plastic containers. See Thumann Affidavit.

5.3 Defendants are not permitted to discharge process wastewater, or

stormwater associated with industrial activities that has commingled with process

wastewaters, or industrial solid waste into or adjacent to any water in the state. See

Negative Certification.

5.4 TCEQ began receiving citizen complaints on February 8, 2019. The

complaints stated that Skull Creek was running black with a pungent smell downstream

of the Altair Facility upstream of Skull Creek’s confluence with the Colorado River. See

Ybarra Affidavit. The following day, a Texas Parks and Wildlife Department Natural

Resources Specialist observed approximately 25 dead fish at Skull Creek downstream of

the Altair Facility with a moderate to strong chemical or petroleum odor. See George

Affidavit.

5.5 TCEQ opened an investigation into the Altair Facility. TCEQ Investigator

Tina Tran visited the site on February 10, 2019 and found two dead fish in Skull Creek

and a light sewage and petroleum odor. See Tran Affidavit.

5.6 Two days later, TCEQ Investigators Trey Thumann and Casimir Onwuka

discovered rampant mismanagement of waste at the Altair Facility.

Plaintiff’s Original Petition 5


State of Texas v. David Polston, et al.
5.6.1 The washout operation was missing primary containment of washout

fluids—the concrete wall surrounding the washout area was missing—effectively

allowing liquid waste to flow out of the washout area. See Thumann Affidavit.

5.6.2 Throughout the Altair Facility, totes, drums, barrels, 5-gallon containers,

carboys, roll-off boxes, and tanks were leaking waste. Two large leaking roll-off boxes

are located adjacent to Skull Creek.

5.6.3. Waste at the Altair Facility was processed in a series of open-air

containment basins, connected to one another by drainage pipes, ultimately releasing to

a sloped outfall upland of Skull Creek. See Onwuka Affidavit.

5.7 On February 12, 2019, TCEQ contacted Defendants, alerting Defendants

that conditions at the Altair Facility represented an imminent threat and substantial

endangerment to human health and the environment and demanded that Defendants

take immediate action to address the spill from the Altair Facility into Skull Creek, stop

additional releases, contain and remediate all off-site impact. Defendants responded ten

days later, alleging that they had complied with the demands of the letter. See Ybarra

Affidavit.

5.8 TCEQ again began receiving citizen complaints on March 22, 2019. Again,

the complaints stated that Skull Creek was running black with a strong odor downstream

of the Altair Facility. See Ybarra Affidavit. TCEQ Investigators responded that day and

Plaintiff’s Original Petition 6


State of Texas v. David Polston, et al.
found the mismanagement of waste documented on February 12, 2019, was unabated.

See Onwuka Affidavit.

5.9 On April 10, 2019, TCEQ received a toxicology report analyzing the results

of water samples taken on March 22, 2019. The analysis indicated that chromium, zinc,

copper, toluene, xylene, ethylbenzene, 1,2,4-trimethylbenzene, and 1,3,5-

trimethylbenzene exceeded benchmarks for Texas Surface Water Quality Standards—

levels potentially lethal to fish and rendering fish unsafe for human consumption. Total

petroleum hydrocarbons were reported at a concentration greater than the protective

concentration level for contact recreation water in the Texas Risk Reduction Program—

potentially unsafe for ingestion or skin contact. See Ybarra Affidavit.

5.10 Jason Ybarra, a Special Assistant in the TCEQ Region 12 Houston Office

with over 22 years of experience with waste and recycling facilities, concluded that the

improperly-contained washout facility, leaking storage containers, and discharging

connected open-air containment basins could contribute to the contamination of Skull

Creek indicated in the March 22 sampling. See Ybarra Affidavit.

5.11 On April 8, 2019, TCEQ Investigators visited the site and found dangerous

waste management practices continuing at the Altair Facility. See Thumann Affidavit.

5.12 Weather reports predict thunderstorms in the Altair, Texas area in the

coming days. Mr. Ybarra concluded that the injunctive relief requested in Section VIII

Plaintiff’s Original Petition 7


State of Texas v. David Polston, et al.
below could abate imminent pollution of Skull Creek by the Altair Facility. See Ybarra

Affidavit.

VI. VIOLATIONS OF THE TEXAS WATER CODE

6.1 Unauthorized Discharge into a Water of the State . Chapter 26 of the Texas
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Water Code expressly prohibits the discharge 1 of sewage, municipal waste, recreational
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waste, agricultural waste, or industrial waste 2 into or adjacent to any water in the state, 3
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except as authorized by the TCEQ. Tex. Water Code. § 26.121(a)(1). Discharge of other

waste 4 into or adjacent to water in the state that causes, continues to cause, or will cause
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pollution 5 of the water in the state is similarly prohibited. Id. § 26.121(a)(2).


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1“To discharge” includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release
or dispose of, or to allow, permit, or suffer any of these acts or omissions. Id. § 26.001(20).

2“Industrial waste” means waterborne liquid, gaseous, or solid substances that result from any process of
industry, manufacturing, trade, or business. Id. § 26.001(11). “Waste” means “sewage, industrial waste,
municipal waste, recreational waste, agricultural waste, or other waste, as defined in [Texas Water Code
Section 26.001]”. Id. § 26.001(6).

3 “Water in the state” means “groundwater, percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico,
inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or
coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and
bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction
of the State.” Tex. Water Code § 26.001(5).

4 “Other waste” means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes,
offal, oil, tar, dyestuffs, acids, chemicals, salt water, or any other substance, other than sewage, industrial
waste, municipal waste, recreational waste, or agricultural waste. Id. § 26.001(12).

5 “Pollution” means the alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water in the state that renders the water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness
or the public enjoyment of the water for any lawful or reasonable purpose. Id. § 26.001(14). “Pollutant”
includes industrial waste discharged into any water in the state. Id. § 26.001(13).

Plaintiff’s Original Petition 8


State of Texas v. David Polston, et al.
prohibited is any other unauthorized act or activity which causes, continues to cause, or

will cause pollution of any of the water in the state. Id. § 26.121(a)(3).

6.2 Because he insufficiently-contained washout facility, damaged bentonite

supersacks and leaking totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes,

and tanks throughout, and the open-air containment basins draining to a sloped outfall

upland of Skull Creek at the Altair Facility, Defendants discharged waste—including

industrial solid waste and other waste—from the Altair Facility into Skull Creek. See

Ybarra Affidavit. Defendants’ activities at the Altair Facility caused pollution of Skull

Creek, in violation of Tex. Water Code §§ 26.121(a)(1), (a)(2), and (a)(3).

6.3 Storage, Processing, and Disposal of Industrial Solid Waste without


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Authorization . No person may “cause, suffer, allow, or permit any activity of storage,
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processing, or disposal of any industrial solid waste or municipal hazardous waste”

unless such activity is authorized by … the TCEQ, the Department of State Health

Services (DSHS), or other valid authorization from a Texas state agency. 30 Tex. Admin.

Code § 335.2(a). 6 Further, causing, suffering, allowing, or permitting the collection,


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handling, storage, processing, or disposing of industrial solid waste or municipal

hazardous waste in such a manner so as to cause:

6TCEQ is charged with administering the provisions of Chapter 26 of the Texas Water Code, and granted
the authority to adopt rules and orders that govern waste discharges and impending waste discharges. Id.
§ 26.011. Thus, TCEQ has adopted rules governing the handling and management of waste, including
those found in Title 30 Texas Administrative Code Chapters 327 and 335.

Plaintiff’s Original Petition 9


State of Texas v. David Polston, et al.
(1) the discharge or imminent threat of discharge of industrial solid waste or municipal

hazardous waste into or adjacent to the waters in the state without obtaining specific

authorization for such a discharge from the TCEQ; (2) the creation and maintenance of a

nuisance; or (3) the endangerment of the public health and welfare. 30 Tex. Admin. Code

§ 335.4.

6.4 Defendants are not authorized to discharge process wastewater, or

stormwater associated with industrial activities that commingled with process

wastewaters, or industrial solid waste into or adjacent to any water in the state. See

Negative Certification. Nevertheless, Defendants improperly handled, stored, processed,

and disposed of industrial solid waste at the Altair Facility so as to discharge into Skull

Creek. Defendants’ discharge into Skull Creek endangers public health and welfare. See

Ybarra Affidavit. Accordingly, Defendants are storing, processing, and/or disposing of

industrial solid waste, without authorization, in violation of 30 Tex. Admin. Code

§ 335.2(a).

6.5 Failure to Abate or Contain a Spill or Discharge . The “responsible person” 7


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for a discharge or spill must “immediately abate and contain the spill or discharge and

7 “Responsible person” means “[a] person who is: (A) the owner, operator, or demise charterer of a vessel
from which a discharge or spill emanates; or (B) the owner or operator of a facility from which a discharge
or spill emanates; or (C) any other person who causes, suffers, allows, or permits a discharge or spill.” 30
Tex. Admin Code § 327.2

Plaintiff’s Original Petition 10


State of Texas v. David Polston, et al.
cooperate fully with the [TCEQ] executive director and the local incident command

system. 8 P7F P

6.6 TCEQ alerted Defendants of the discharge and need for corrective response

on February 12, 2019. Despite Defendants’ response alleging that they complied with

TCEQ’s demand that they take immediate action to address the spill from the Altair

Facility into Skull Creek, stop additional releases, contain and remediate all off-site

impact, problems persisted at the Altair Facility. The continuing presence of an

insufficiently-contained washout facility, damaged bentonite supersacks and leaking

totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes, and tanks throughout

the Facility, and the open-air containment basins draining to a sloped outfall upland of

Skull Creek were observed on March 22, 2019 and April 8, 2019. Test results from water

samples taken on March 22, 2019, indicate contamination levels lethal to fish and unsafe

for human ingestion or contact. Therefore, Defendants are failing to immediately abate

and contain the spill or discharge of waste and cooperate fully with the TCEQ executive

director, in violation of 30 Tex. Admin. Code § 327.5(a).

6.7 A person who causes, suffers, allows, or permits a violation of Chapter 26

shall be assessed for each violation a civil penalty not less than $50 nor greater than

8The responsible person shall also begin reasonable response actions that may include, but are not limited
to, the following: (1) arrival of the responsible person or response personnel hired by the responsible
person at the site of the discharge or spill; (2) initiating efforts to stop the discharge or spill; (3) minimizing
the impact to the public health and the environment; (4) neutralizing the effects of the incident; (5)
removing the discharged or spilled substances; and (6) managing the wastes.” 30 Tex. Admin. Code §
327.5.

Plaintiff’s Original Petition 11


State of Texas v. David Polston, et al.
$25,000 for each day of each violation as the court or jury considers proper. See Tex. Water

Code § 7.102.

VII. CIVIL PENALTIES

7.1 A person may not cause, suffer, allow, or permit a violation of a statute

within the TCEQ’s jurisdiction, or a rule, order, or permit issued under such a statute.

Tex. Water Code § 7.101.

7.2 A person who causes, suffers, allows, or permits a violation of a statute,

order, or rule under the TCEQ’s jurisdiction must be assessed a civil penalty of not less

than $50 or more than $25,000 per day per violation. Id. § 7.102. Each day of a continuing

violation is a separate violation. Id.

7.3 As set forth in Section VI of this Petition, Defendants have violated, and

threaten to violate, statutes and rules controlling the quality of water in the state, which

are within the TCEQ’s jurisdiction.

7.4 Therefore, the State requests a judgment for civil penalties against

Defendants within the statutory range of not less than $50 nor greater than $25,000 for

each day of each violation alleged in this Petition.

VIII. APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY


INJUNCTION AND PERMANENT INJUNCTION

8.1 The State’s authority to obtain temporary injunctive relief is found in Texas

Water Code Section 7.032, which states in relevant part:

Plaintiff’s Original Petition 12


State of Texas v. David Polston, et al.
(b) If it appears that a violation or threat of violation of a statute within the
commission's jurisdiction or a rule adopted or an order or a permit issued
under such a statute has occurred or is about to occur, the executive director
may have a suit instituted in district court for injunctive relief to restrain
the violation or threat of violation.

(d) In a suit brought under this section to enjoin a violation or threat of


violation described by Subsection (b), the court may grant the commission,
without bond or other undertaking, any prohibitory or mandatory
injunction the facts may warrant, including a temporary restraining order
and, after notice and hearing, a temporary injunction or permanent
injunction.

Tex. Water Code § 7.032(b), (d).

8.2 Generally, to obtain temporary injunctive relief, the applicant must prove a

valid cause of action against the defendant, a probable right to relief, and imminent,

irreparable injury in the interim. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002).

However, the requirements of imminent, irreparable injury do not apply if the applicant

proves a violation of a statute that authorizes injunctive relief. 8100 North Frcezt’ay Ltd.

v. City of Houston, 329 S.W.3d 858, 861 (Tex. App.—Houston [14th Dist.] 2010, no pet.);

West v. State, 212 S.W.3d 513, 518-19 (Tex. App.--Austin 2006, no pet.). Where the facts

conclusively show a party is violating the substantive law, it becomes the duty of the

court to enjoin the violation, and in such cases there is no discretion to be exercised. Jim

Rutherford Invs., Inc. v, Terramar Beach Cmty. Ass’n, 25 S.W.3d 845, 848 (Tex. App.—

Houston [14th Dist.] 2000, pet. denied); Priest v. Tex, Animal Health Comm’n, 780 S.W.2d

874, 876 (Tex. App.—Dallas 1989, no writ).

Plaintiff’s Original Petition 13


State of Texas v. David Polston, et al.
8.3 In a temporary injunction hearing, the issue before the Court is the right to

preserve the status quo pending trial on the merits. Tex. Aeronautics Comm’n v. Betts, 469

S.W.2d 394, 398 (Tex. 1971). The “[s]tatus quo can never be a course of conduct which is

a prima facie violation of law. DeNoie v. Bd. of Regents of Univ. of Tex. Sys., 609 S.W.2d 601,

603 (Tex. Civ. App.—Austin 1980, no writ). The “courts are not required to bide their

time and wait until the parties see fit to discontinue their unlawful acts.” Magnolia

Petroleum Co. v. State, 218 S.W.2d 855, 860 (Tex. Civ. App.—Austin 1949, writ ref’d n.r.e.).

Instead, the courts have the duty to issue injunctive relief to restrain illegal conduct.

Houston Compressed Steel Corp. v. State, 456 S.W.2d 768, 773 (Tex. Civ. App—Houston [1st

Dist.] 1970, no writ).

8.4 In a case involving statutorily authorized injunctive relief, the “doctrine of

balancing the equities has no application.” State v. Tex. Pet Foods, Inc., 591 S.W.2d 800,

805 (Tex. 1979). Where the State pursues claims for statutory violations, the State is

entitled to injunctive relief by showing a threatened violation of the statute. Id. And in a

case involving the enforcement of a mandatory statutory duty, it is irrelevant that the

injunction may grant all final relief to the State. Tex. Pet Foods, Inc. v. State, 529 S.W.2d

820, 829-30 (Tex. Civ. App—Waco 1975, writ ref’d n.r.e.).

8.5 The State alleges facts, as established in the affidavits attached, clearly

showing that Defendants have violated, and threaten to violate, Texas Water Code

Plaintiff’s Original Petition 14


State of Texas v. David Polston, et al.
Chapter 26 and Title 30 Texas Administrative Code Chapters 327 and 335. Therefore, it

is probable that the State will prevail on the merits.

8.6 Defendants have violated, and threaten to violate, statutes and rules

controlling the quality of water in the state. Particularly, Defendants are causing,

suffering, allowing, or permitting the following violations of Texas Water Code Chapter

26 and Title 30 Texas Administrative Code Chapters 327 and 335:

(a) discharging industrial solid waste into or adjacent to water in


the state (i.e., Skull Creek), without TCEQ authorization, in violation of Texas
Water Code Section 26.121(a)(1);

(b) discharging other waste into or adjacent to water in the state


(i.e., Skull Creek) that has caused, continues to cause, or will cause pollution
of the water, in violation of Texas Water Code Section 26.121(a)(2);

(c) committing acts or engaging in activities under the TCEQ’s


jurisdiction which have caused, continue to cause, or will cause pollution in
the water in the state, in violation of Texas Water Code Section 26.121(a)(3);

(d) storing, processing, and/or disposing of industrial solid waste,


without authorization from TCEQ or other state agency, in violation of 30
Tex. Admin. Code § 335.2(a);

(e) causing, suffering, allowing, or permitting the collection,


handling, storage, processing, or disposal of industrial solid waste or
municipal hazardous waste in such a manner so as to cause: (1) the discharge
or imminent threat of discharge of industrial solid waste or municipal
hazardous waste into or adjacent to the waters in the state without obtaining
specific authorization for such a discharge from the TCEQ; (2) the creation
and maintenance of a nuisance; or (3) the endangerment of the public health
and welfare, in violation of 30 Tex. Admin. Code § 335.4;

(f) failing to immediately abate and contain the spill or discharge


of waste and cooperate fully with the TCEQ executive director, in violation
of 30 Tex. Admin. Code § 327.5(a).
Plaintiff’s Original Petition 15
State of Texas v. David Polston, et al.
8.7 Unless restrained by the Court, Defendants will continue to violate Texas

Water Code Section 26.121 and Title 30 Texas Administrative Code Sections 327.5, 335.2

and 335.4.

8.8 Therefore, pursuant to Texas Water Code Section 7.032, the State

respectfully requests that this Court issue a temporary restraining order against

Defendants, David Polston, individually, Inland Environmental and Remediation, Inc.,

and Inland Recycling, L.L.C., as well as their officers, agents, servants, employees, and

attorneys, and upon those persons in active concert or participation with them, ordering

them to be temporarily restrained as follows:

8.8.1 – Definitions. As used in this temporary restraining order, the


following terms have the meaning set forth below:

8.8.1(A) “Site” means the facility located 6254 Highway 71,


Altair, Texas 77412, including the real and personal
property;

8.8.1(B) “Defendants” means David Polston, Inland


Environmental and Remediation, Inc., and Inland
Recycling, L.L.C., as well as their officers, agents,
servants, employees, and attorneys, and upon those
persons in active concert or participation with them;

8.8.1(C) “TCEQ” means the Texas Commission on


Environmental Quality;

8.8.1(D) “Immediately” means the date this Court signs this


Temporary Restraining Order;

8.8.1(E) “Waste” means sewage, industrial waste, municipal


waste, recreational waste, agricultural waste, or other
Plaintiff’s Original Petition 16
State of Texas v. David Polston, et al.
waste, as defined in Texas Water Code Section 26.001;
and

8.8.1(F) “Water” or “water in the state” means groundwater,


percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams,
creeks, estuaries, wetlands, marshes, inlets, canals, the
Gulf of Mexico, inside the territorial limits of the state,
and all other bodies of surface water, natural or
artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the beds and banks of all
watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or
inside the jurisdiction of the state. It includes Skull
Creek in Colorado County, Texas;

8.8.2—Ordering Provisions. Defendants shall Immediately:

8.8.2(A) Cease and prevent all discharges of Waste from the Site
into or adjacent to waters in the State, except as
currently authorized by the TCEQ;

8.8.2(B) Cease accepting any Waste at the Site for storage,


processing, or disposal, except as currently authorized
by the TCEQ;

8.8.2(C) Contain all Waste at the Site in covered containers with


no leaks, including tanks, barrels, drums, and totes;

8.8.2(D) Drain liquid-form Waste from open-air containment


basins at the Site (including the basin identified in
Exhibit D, Attachment 8), and place the Waste in
covered containers with no leaks, including tanks,
barrels, drums, and totes; and

8.8.2(E) Cease waste-vessel washout operations unless all


liquid Wastes are completely contained within a
washout area on Site.

Plaintiff’s Original Petition 17


State of Texas v. David Polston, et al.
8.9 The State further respectfully requests that, after notice and hearing, this

Court issue a temporary injunction against Defendants, David Polston, individually,

Inland Environmental and Remediation, Inc., and Inland Recycling, L.L.C., as well as

their officers, agents, servants, employees, and attorneys, and upon those persons in

active concert or participation with them, ordering them to be temporarily enjoined as

follows:

8.9.1 – Definitions. As used in this temporary restraining order, the


following terms have the meaning set forth below:

8.9.1(A) “Site” means the facility located 6254 Highway 71,


Altair, Texas 77412, including the real and personal
property;

8.9.1(B) “Defendants” means David Polston, Inland


Environmental and Remediation, Inc., and Inland
Recycling, L.L.C., as well as their officers, agents,
servants, employees, and attorneys, and upon those
persons in active concert or participation with them;

8.9.1(C) “TCEQ” means the Texas Commission on


Environmental Quality;

8.9.1(D) “Immediately” means the date this Court signs this


Temporary Restraining Order;

8.9.1(E) “Waste” means sewage, industrial waste, municipal


waste, recreational waste, agricultural waste, or other
waste, as defined in Texas Water Code Section 26.001;
and

8.9.1(F) “Water” or “water in the state” means groundwater,


percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams,
creeks, estuaries, wetlands, marshes, inlets, canals, the
Plaintiff’s Original Petition 18
State of Texas v. David Polston, et al.
Gulf of Mexico, inside the territorial limits of the state,
and all other bodies of surface water, natural or
artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the beds and banks of all
watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or
inside the jurisdiction of the state. It includes Skull
Creek in Colorado County, Texas;

8.9.2—Ordering Provisions. Defendants shall Immediately:

8.9.2(A) Cease and prevent all discharges of Waste from the Site
into or adjacent to waters in the State, except as
currently authorized by the TCEQ;

8.9.2(B) Cease accepting any Waste at the Site for storage,


processing, or disposal, except as currently authorized
by the TCEQ;

8.9.2(C) Contain all Waste at the Site in covered containers with


no leaks, including tanks, barrels, drums, and totes;

8.9.2(D) Drain liquid-form Waste from open-air containment


basins at the Site (including the basin identified in
Exhibit F, Attachment 8), and place the Waste in
covered containers with no leaks, including tanks,
barrels, drums, and totes; and

8.9.2(E) Cease waste-vessel washout operations unless all


liquid Wastes are completely contained within a
washout area on Site.

8.10 The State further respectfully requests that, after trial on the merits, the

Court issue such permanent injunctive relief as warranted by the facts of the case.

Plaintiff’s Original Petition 19


State of Texas v. David Polston, et al.
IX. ATTORNEY’S FEES AND COURT COSTS

9.1 This is an action brought by the State of Texas to recover civil penalties.

Therefore, the Texas Attorney General “is entitled, on behalf of the state, to reasonable

attorney’s fees and court costs.” Tex. Gov’t Code § 402.006; see also Tex. Water Code

§ 7.108. In the event of an appeal to the Court of Appeals or to the Supreme Court, the

Attorney General is entitled to recover and collect its additional reasonable attorney’s

fees and court costs on behalf of the State.

PRAYER

ACCORDINGLY, Plaintiff, the State of Texas, prays for judgment against

Defendants as follows:

1. That Defendants be cited to appear and answer herein;

2. That a temporary restraining order be issued against Defendants as requested in

this petition;

3. That the Court grant the temporary injunction requested herein against

Defendants, upon notice and hearing;

4. That the Court grant the permanent injunction requested herein against

Defendants, upon trial;

5. That the Court grant judgment against Defendants, for appropriate civil penalties

within the range allowed by law;

Plaintiff’s Original Petition 20


State of Texas v. David Polston, et al.
6. That the Court award the State its reasonable attorney’s fees, court costs, and

investigative costs in this action;

7. That the Court award the State post-judgment interest, at the maximum rate

allowed by law, on all amounts awarded herein until fully paid; and

8. That the State be awarded all other and further relief, at law and in equity, to which

it may show itself justly entitled.

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

JEFFREY C. MATEER
First Assistant Attorney General

DARREN L. MCCARTY
Deputy Attorney General for Civil Litigation

PRISCILLA M. HUBENAK
Chief, Environmental Protection Division

/s/ Phillip Ledbetter


U

PHILLIP LEDBETTER
State Bar No. 24041316
Assistant Attorney General
Phillip.Ledbetter@oag.texas.gov

J. AMBER AHMED
Assistant Attorney General
State Bar No. 24080756
Amber.Ahmed@oag.texas.gov
31T 31T

Plaintiff’s Original Petition 21


State of Texas v. David Polston, et al.
AMY RODRIGUEZ
Assistant Attorney General
State Bar No. 24103107
Amy.Rodriguez@oag.texas.gov

OFFICE OF THE ATTORNEY GENERAL OF TEXAS


ENVIRONMENTAL PROTECTION DIVISION
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Telephone: (512) 463-2012
Facsimile: (512) 320-0911

ATTORNEYS FOR THE STATE OF TEXAS

Plaintiff’s Original Petition 22


State of Texas v. David Polston, et al.
EXHIBIT A
AFFIDAVIT OF JASON YBARRA

STATE OF TEXAS }
}
COUNTY OF HARRIS }

Before me, the undersigned notary, on this day personally appeared JASON YBARRA, a
person whose identity is known to me. After I administered an oath to him, upon oath he said:

"My name is JASON YBARRA, I am over the age of eighteen years, of sound mind, and
capable of making this affidavit. This affidavit is made on my personal knowledge and the
statements herein are true and correct.
I am employed by the Texas Commission on Environmental Quality ("TCEQ") as a Special
Assistant in the TCEQ Region 12 Houston Office. My job responsibilities include overseeing all
regional activities including investigations of waste and recycling facilities and facilities that
discharge into waters of the state. In this capacity, I have the authority to make this affidavit.
I have been employed by TCEQ for 22 years in the TCEQ Region 12 Houston Office. I
have served as a waste investigator, waste team leader, the waste section manager, or as Special
Assistant for that entire time. I have a bachelor's degree in Environmental Science from Sam
Houston State University. I attend biennial waste and emergency response trainings and other
regular training related to my job responsibilities.
I am familiar with the waste processing facility located at 6254 Highway 71 South, Altair,
Colorado County, Texas 77412 ("Altair Facility"). I am familiar with communication between the
TCEQ and Inland Recycling, LLC, Inland Environmental and Remediation, Inc., and David
Polston (collectively, "Inland"), the owners or operators of the Altair Facility. Moreover, I am
familiar with the technical requirements of TCEQ rules for waste and recycling facilities as they
apply to Altair Recycling Facility. I am also familiar with emergency response and remediation
for waste and recycling facilities.
The Altair Facility accepts waste including oil and gas waste, hazardous, and industrial
solid waste, and processes it into material used as road base. According to documents, I have
reviewed that were submitted by Inland and Inland's customers, types of materials accepted
include used oil, heavy oil, tank bottoms, and other commercial chemical products, and
combustible, flammable, and corrosive liquids. Attachments 1 and 2.
The Altair Facility is approximately 330 acres including approximately 1 mile of frontage
of Skull Creek. Skull Creek is a tributary of the Colorado River that supports agricultural and
recreational uses in the surrounding area.
TCEQ began receiving citizen complaints on February 8, 2019. The complaints stated that
Skull Creek was running black with a pungent smell downstream of the Altair Facility upstream
of Skull Creek's confluence with the Colorado River. Beginning on February 10, 2019, I received
reports from on-site investigations of the Altair Facility. The reports indicated the presence of

Ybarra Affidavit Page 1


light black sheen and dead fish in Skull Creek were near intersection of Skull Creek and Highway
71 due to possible discharge from the Facility and a light sewage and petroleum odor. The reports
also revealed that weathered and damaged bentonite supersacks were present at the Facility, leaks
from totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes, and tanks were occurring
throughout the Facility, and that the washout area was missing sufficient primary and secondary
containment. The reports also indicated that waste was processed in a series of open-air
containment basins, connected to one another through drainage pipes, ultimately draining to a
sloped outfall upland of Skull Creek.
On Febn1ary 12, 2019, TCEQ contacted Inland, alerting Inland that conditions at the Altair
Facility represented an imminent threat and substantial endangerment to human health and the
environment and demanding that Inland take immediate action to address the spill from the Altair
Facility into Skull Creek, stop additional releases, contain and remediate all off-site impact.
Attachment 3. Inland responded ten days later, alleging that they had complied with the demands
of the February 12, 2019 letter. Attachment 1.
TCEQ began receiving citizen complaints again on March 22, 2019, reporting that Skull
Creek was running black with a strong odor downstream of the Altair Facility. That same day, I
received information from on-site investigations of the Altair Facility indicating the presence of
light black sheen and dead fish in Skull Creek were near the intersection of Skull Creek and
Highway 71 due to possible discharge from the Altair Facility and the presence of a light sewage
and petroleum odor.
Reports from March 22, 2019 and April 8, 2019, confirmed the continuing presence of an
insufficiently-contained washout facility, damaged bentonite supersacks and leaking totes, drums,
barrels, 5-gallon containers, carboys, roll-off boxes, and tanks throughout the Facility, and the
open-air containment basins draining to a sloped outfall upland of Skull Creek.
On April 10, 2019, I received results from a toxicology report analyzing the results of water
samples taken on March 22, 2019. A copy of this report and a map of sampling locations are
attached to this affidavit as Attachments 4 and 5. The analysis indicated that chromium, zinc,
copper, toluene, xylene, ethylbenzene, 1,2,4-trimethylbenzene, and 1,3,5-trimethylbenzene
exceeded benchmarks for Texas Surface Water Quality Standards-levels potentially lethal to fish
and rendering fish unsafe for human consumption. Total petroleum hydrocarbons were reported
at a concentration greater than the protective concentration level for contact recreation water in the
Texas Risk Reduction Program-potentially unsafe for ingestion or skin contact.
It is my opinion that the insufficiently-contained washout facility, damaged bentonite
supersacks and leaking totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes, and tanks
throughout the Facility, and the open-air containment basins draining to a sloped outfall upland of
Skull Creek contribute to pollution in Skull Creek. Additionally, a significant rain event and the
Altair Facility's continued receipt and processing of waste will cause or allow ongoing pollution
in Skull Creek.
The weather forecast indicates thunderstorms near the Altair Facility in the coming days.
Attachment 6. It is my opinion that the injunctive relief requested in the Original Petition and

Ybarra Affidavit Page 2


Application for Temporary Restraining Order is necessary to prevent imminent and irreparable
harm to the environment.

I have read the foregoing Original Petition and Application for Temporary Restraining
Order. The facts alleged therein under paragraphs 5.1, 5.2, 5.4, 5.7 through 5.10, 5.12, 6.2, and 6.4
are within my personal knowledge and are true and correct. I gained my personal knowledge of
those facts from reports, documents I have reviewed, and based on expert knowledge, the facts
alleged in Paragraphs 5.1, 5.2, 5.4, 5.7 through 5.10, 5.12, 6.2, and 6.4 of the Petition are true and
correct."

Environmental I estigator
Texas Commission on Environmental Quality

SUBSCRIBED AND SWORN TO BEFORE ME on f\{>n\ 1.J 8-0 I Cf I to


certify which witness my hand and official seal.

Notary Public in and for the State of Texas


My commission expires: O";l_l <9.'f/ Q,c 9-a\

Ybarra Affidavit Page 3


ATTACHMENT 1
Inland Recycling LLC
Altair Facility
6254 Highway 71
Altair, Texas 77412
-----------

February 22, 2019

Ms. Nicole Bealle, P.G ., R.S .


Regional Director
Texas Commission on Environmental Quality
Regional 12
5425 Polk Street, Suite H
Houston, Texas 77023-1452

Re: Letter of February 12, 2019 to Inland Recycling and Response to Requests

Dear Ms. Bealle:

The conditions listed in your letter of February 12, 2019 have been addressed by Inland
Recycling, LLC.

We have addressed the items identified by your in your letter of February 12 and the
requests made by on-site TCEQ Region 12 Inspectors on February 12. We have checked our
systems, tanks, lines, and containment barriers for releases off-site or a spill to Skull Creek. A
spill was not observed by Inland Recycling from the process areas or storage to Skull Creek.
The location identified by your inspectors near the TXG830643 Permit Discharge Outfall to
remove and evaluate was removed and tested. A sample of the orange rusty material observed
by the Region 12 Investigators near the outfall was tested and the results are attached with
Total Petroleum Hydrocarbons Values Below Reporting Limits. TPH testing was conducted
since the majority of the Inland operations are associated with oil recovery. No spill was
observed from the Inland Outfall or extent of operations area to the fish kill area which was over
¾ of a mile. No dead fish were found near the Inland discharge outfall or downstream for over a
½ mile. The orange rusty material near the outfall was removed by our equipment.
Locations inside the process areas identified by your field investigators have been tested with
the results attached. The water discharge data test results for February 6, the day identified in
your letter for a spill or discharge, are attached which show compliance with the permit
discharge limits or a TPH discharge value of 5.4 mg/L. Inland has also improved housekeeping
and repaired any barriers in the process areas identified by the TCEQ investigators on February
12th. Inland has contained the containers identified by the field inspectors from the site visit.

Information regarding the chemicals managed or processed is attached. A site diagram


is attached per your request. The majority of Exit Interview Material Requested by investigators
has been delivered to each. The remaining will be delivered next week. Responding to the
Region 12 Investigators Exit Interviews has caused a 2 day delay to answering your letter. We
apologize for the delay.

Inland Recycling does not process hazardous waste. Inland Recycling recovers oils and
recycles materials that are not RCRA wastes (see attached information).

Very truly yours,

_..
Inland Recycling, LLC
Altair Facility
6254 Highway 71
Altair, Texas 77412 Februa 22, 2019

"Process Description"

Material Received and Processed

Inland Recycling (IR) at Altair receives, and processes used oils per 40 CFR 279, fuel oils, heavy
oil, tank bottoms, oil, and commercial chemical product materials that are not solid wastes
under 40 CFR §261. IR does not receive or process hazardous wastes regulated by RCRA 40 CFR
§260-§270. IR receives and processes materials into road base material to TX DOT
Specifications.

Plant Operations

After the material is approved for shipment to the Altair Facility, it is screened before receiving
and off-loading to a vessel.

Oil and water mixtures are sent to a separator tank system. The water is separated by gravity
and by emulsion breaking. The reclaimed and recycled oils/fuel oils/heavy oils are sold to the
fuels market or re-refining market. The water is used in the road base process, tank rinse, sent
off-site to a third party, treated for discharge, or reused.

Recyclable Chemicals or commercial chemical products that are not solid wastes under 40 CFR
261 that can be used directly in the reclamation process or sold are held in tanks, totes, or
drums until being sold or used.

Materials such as sand, cement, water, and soils are mixed together in a pug mill to produce a
cement stabilized road base material that microencapsulates or traps the solids and water into
material that meets TX DOT Specifications.

Reclaimed fuel oil and water mixtures are separated by treatment produce fuel oils that are
sold into the fuels market for industrial boilers or marine fuels. These materials are commercial
chemical products that are not solid wastes.

Page 1
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!(
if
t
Inland Recycling, LLC General
Altair Facility "Tank Arrangement"
February 22, 2019 In Tank Area
Inside Containment Dikes

B •lJ
G
G G
8 w BBB G
8 G) .(i) 8 8
G DtJtEG[IEJ~
0 82-5 Mixing Tank 6-9

~ ~
Gl:JG 1::-7~~~
~L2J~ ~
.

[3G 0 GJ
Not to Scale
Inland Recycling, LLC
Altair Facility
6254 Highway 71
Altair, Texas 77412 February 20, 2019
- - - - - -- - - - - - -- - - - - - - - - - - - - - - - - --

Item 10, Tank List

In- Tank
- - -
Roof Pl-7
Material Vapor Records Control
plant Process Inside Pressure of Change Devices Type Form
Tank Activity Tank PSIA of Service Associ
ID Oil
No. Without
Water is
(See
Note 1)
1 D1 Rec/Sep Oil Water See Note No None Fixed y
Mixture 1 Change
2 D2 Rec/Sep Oil Water No None Fixed y
Mixture Change
3 D3 Rec/Sep Oil Water No None Fixed y

,-
Mixture Change
4 D4 Rec/Sep Oil Water No None Fixed y
Mixture Change
5 16 Product Oil Product No None Fixed y
Change
6 lOil Product Oil Product No None Fixed y
Change
7 2 Oil Product Oil Product No None Fixed y
Change
8 3 Oil Product Oil Product No None Fixed y
Change
9 B2 Gravity/Sep Oil-Water No None Fixed y
Change
10 B3 Gravity/Sep Oil-Water No None Fixed y
Change
11 B4 Gravity/Sep Oil-Water No None Fixed y
Change
112 BS Gravity/Sep Oil-Water No None Fixed y
Change
13 Mix6 Oil Oil-Water No None Fixed y
Emulsion Change
Breaking
>---
14 Mix7 Oil Oil-Water No None Fixed y
Emulsion Change
Breaking

-- - - - - - -- - - - - - - - - - - - - - - - -- - - -- - -
Page 1 of 3
Inland Recycling, LLC
Altair Facility
6254 Highway 71
Altair, Texas 77412 Februa 2(!, 2019

15 Mix8 Oil Oil-Water No None Fixed y


I Emulsion Change
Breaking
16 Mix9 Oil Oil-Water No None Fixed y
Emulsion Change
Breaking
17 10 Water Water No None Fixed
Treating Change
18 11 Water Water No None Fixed
Treating Change
19 12 Treating Caustic No None Fixed
Chemical Base Change
20 OTl Separation Oil-Water- No None y
Tank Solids Change
21 OT2 Separation Oil-Water- No None y
Tank-- Solids Change
22 Disch Testing Treated No None Fixed
13 Water Water Change
23 Disch Testing Treated No None Fixed
14 Water Water Change
24 Disch Testing Treated No None Fixed
15 Water Water Change
25 Al -- Oil Based No None Fixed
Mud Change
26 A2 -- Oil Based No None Fixed
Mud Change
27 A3 -- Oil-Water -- No None Fixed y
Change
28 A4 -- Glycerin Very low No None Fixed
Change
29 FW 20 Fresh Clean Water -- No None Fixed
Water Change
Holding
- ~

--
30 FW21 Fresh Clean Water -- No None Fixed
Water Change
Holding I
*

Page 2 of 3
Inland Recycling, LLC
Altair Facility
6254 Highway 71
Altair, Texas 77412 _ __ _ _ _ __ _ _ _ _ _ __ _ _ _F_e_bruary 20, 2~19

Item 10, Tank List (continued)

Tank Tank Material Vapor Records Control Roof Pl-7


ID Process Inside Pressure of Change Devices Type Form
No. Activity Tank PSIA Service Assocl

31 19 Rec/Sep Oil-Water
-- - -
No Change None
- Fixed y
Back-Up
32 18 Rec/Sep Oil-Water No Change None Fixed y
Back-Up
33 17 Oil Oil No Change None Fixed y
Product
34 FW 22 Fresh Water No Change None Fixed
Clean
Water
Holding
35 B 23 Water Base No Change None Fixed
Treating
Chemical
36 B 24 Water Base No Change None Fixed
Treating
Chemical
37 26 Gravity Oil-Water No Change None Fixed y
Sep
38 D 25 Gravity Oil-Water No Change None Fixed y
Sep

Notes:
1. Vapor Pressure of Used Oil is approximately 0.0002 PSIA without being mixed with water or in an
emulsion. Fuel oil has a vapor pressure of 0.01 PSIA or less. Any mixture of oil and water will reduce
vapor pressure.

2. FW = Fresh Water

Page 3 of 3
CERTIFICATE of ANALYSIS

LCS Reference: T2019-1155H


CUSTOMER Reference:

1ULU1 !::lay Are a l::llva

Pasadena. Tex as 77507


281-909-8070
FOR :
PRODUCT:
0f-\1v1PLE DRAWN FROM :
LOCATION:
DATE:
Inland Recycling
Water
2/6/2019
Pasadena Texas
February 8, 2019
e
Orgnnizational
Member
281-909-8072 fax
TEST METHOD RESULTS

pH EPA-9040 6.72

TPH (C6-C12), mg/L TNRCC 1005 2.02


TPH (C12-C28), mg/L TNRCC 1005 2.58
TPH (C28-C35), mg/L TNRCC 1005 0.80
Total C6-C35, mg/L TNRCC 1005 5.40

Total Lead (Pb), mg/L ICP <0.05

BTEX, mg/L
Benzene SW-846 80218 ND
Toluene SW-846 8021 B ND
Ethylbenzene SW-846 8021 B ND
m- & p-Xylenes SW-846 8021 B ND
o-Xylenes SW-846 8021 B ND
Xylenes SW-846 8021 B ND

MTBE, mg/L GCMS ND

LCS REPRESENTATIVE
) . . . . .!- '

1 L A ttOIV\10RY ,.\DORESS - - -
- j CHcntN;~nu~: lulund lil'l ydi11~ LLC 0

5915 Star Lane, Houston, TX 77057 Stre~t Address: PO Uox BlJ 1

Ph. 713-68U-9425 Fnx: 713-680-4,1564


\~~h~!!~J!!..~~-i~ioul~1s.o_~:g_ __ _ __
I Cit~·, State, Zip: Columbus, TX 78934
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Total Pclroleum Hydnicarbon, I1 P\<f(> 11 : 12-11 28) 50 BRL
Tola! Pcttoleum I lydmcarbon, PPM :-- n ·2s-nc 5) 50 BRL

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Total Petrolct1m Hydrocarbon , PPM(>nC28-nC3 5) 50 BH.L

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•<

LArlORATORY ADDRESS Tl Cli;;-nt. Nn1;c: l-;;h11Hl Rccydhlg LLC


5915 Stnr L:111c, llou~tou. TX 7i057 Street Addn:-ss: PO Box 939
Ph. 713-MI0-9-125 Fax: 71J.(i!i0- 1J564 j
!
_)Vl'lisill': jll"tl!isio11l~)~.11ro _ - - - -
City, Stntc, ZI: Colnmb~s, TX 7R9J.t

- -
I-INVOI 'U. No.:.. j 81646 _- _: I TF RI l'E I VF.D
--- - - - - ---- 02-13-2019
--- I

I.All RF.FLR.EN E No. '.!01 J-Cl2-J82 DATEtf]ME . )11!-,C"l en 0.2 -13-2019


AUTllOR{ZED IJY=- 3ffeavi:!..Pol~~;1_ - -
__-_
-M..
_!\_IRl • -___
TYPE_ -- J I 1~id ______-1
PRO IJCT ID .SO W Ull!r From R cks From Inland Rc1;yc!l_1g TCEQJ!ls icutio~Onsile
-- -- - 1

1' • 'T REPORTING ·n:sT


wmrnon J.l:\ JlT I{ ,.. ULT~
Tolul Pelrolc11111 1?)' lnn; ti nn. Pl'M(11U,-11cl 2) TNRC'C I 005 50 RI.
I olal Petroleum Hyclrocul'b n. !'1 1 l(> 11 ' I :!-11Cn) T'- 1<. . 'i 05 5 l 1m1.
l'otol Pcl toleuin llydl(lcarbon, PPM(>n{ 2H nCJS) 'R'CIOOS " I) ma.

Oare: 02-IS-2019 ,. '


lh111hd Znh1h
<) \for .igcr
~I!~~
['Rl. 11\ ltY 1\(.'<IHJJ!l .~, ION I C.L(,1, r[ll)IJU· l b'J Ii-I'.'.
I\RIZO:--.A JJCl cl\'.'iE ~ I\Zflt,rn
Ql ,\ I I · It HS,'(: .\llllHF.VJ..\ Tl l~S: IIH L - n,hm Hrp,,r 1i11g I 1111i 1; ' I 1 • J nl jm l11 1mtd by au gpp10iril ., ubrnntnm l~hnr~lor~ ; II· An;ilylt \\~~ ud,dtu
in •h( n wtl!\ltol n1rlho<l hlnnk; \l ~rri, ~p,1,,,rnih , , 11 1k( ,h,µ11 nlr (,\1), I . bu, 11 hn J , 11111.-ol •a111plt (L), Cnlihraliou er ittri~ (C), and S11rroi:~te (S) rtrnn; \rs
w,•rr 11,11sidr ,c •rl,111cc limit,. r r,1 ur,•l:1(11>11 J111 lirll le, ,\lrth p,I 1>260 (\'()(, ~} :-.,11111t1 r d~I~ ,o,rnlJ'ttd for rnrh lt<I i., a,·~il~hl, ur,nn, tq11.s1

O,\•J\lr,\f!-,:10... ~u !kt\tt: i.. (.u,)I Jeni ,d ~\, I •1ll rnll11on .ln ~ II n~t.: lilV \ J1 lc-4J l1• (, ~ig,,.ih:tJ cu ii mtt f)'l;m ot .;out,1c((s) 0,h~r p10:hicr 1
• 1'\ vf:11; ..
__1,i:111 1 ;,:qUII':_• pmn ;nllhr,in. Um ti~111 th~ ,1oin:tr I h:,.- w.;r~ n~ yuot,ry ~I ~mnc_~ ,,,u,n•lll'i , 11~iJtcJ "ith 11:, ~~ :c~_,..__ _ __

l1!t l CJS IO'i JI!. I flOI f,l ,1 I \II!,, t ;o..('.'~ IH:St•O, °s lflll .l I'\ [ Ult r,11: \IIU\' I \ ',\ LY · 1,;. 01'11'10i\ . Oil 1,\;TL7lP n .·, \ 11 1-.:<; I I ,.,1111,1) 10
rm 1/>i\ '{)l('I ·'"o W I. lll'I 'I l !U IH l(), l 'O flT Ll!(I,',\) .. , ~ 1.-.. 11,, s1:.l.'l l I ·. Ortl[RWI Sl ::-.011:0. ·rm:Tr 1 Ut~') l ll.l .'R fl.\Tf.
(J , 1., H)Tllr: 1'11,\11 I n.n ·., .,11•1.1 : ll I, \ Ill IH) o:-. I Ill~ ltt. l'OH I. ·11,o.;1 IH.St l I .S \lF l I ,\LI , HI.Ill lltl.:\I IS i S 01' r-.,:1 1 C F R ·n:-; I.,
1,1:-,·11:n !/.. 111 • L \ 1)()1( \ I Clll\ - < I I! HE , I 171 I.OS 01 ,\C( ' lt l ilt I . \ 'I Ill'\ I I.I' ,\ 1010. foll lfl . ~!11«2 , lllM , 1111!1 1J!l7'i).
L\HOH.ATOln ADDRESS -- l Client N:\llw: Inland Rccydin~ LLC
5915 Star Laue, Hou:,;ton, TX 77057 Strert Addrl'SS; ro Box 9.W
Ph. ilJ-680-9425 Fa.\: Tl3-680-9S64 City, Stl\tc, Zip: Colun1hus, TX 78934

J
\'l_'.t·h~ik: prei:isionlnl> .o•JL....

. lNVOICE No . _ __ 816-·lG I_Q:'.\TE RFCE[VED - - j 02-13-201-2._ ___


l I.AR Rt_FERENCE 1_ o.
r /\UTl!OR.lZED RY
~019-02-380 _ _ _
Dav~_Polston
Dl\TE/TIMl·.( _20LLECI FD _
M 1\TRIX TYPE
02-l3-·2_0_l_9_ _
I 1rp1id _ _ _
I
[-PRODlJCT 1D S06 Scale House Reservoir From I11 h:111d 1~ 11 , I Ch() lnsQ_ection On=-s'il_
-'- ' _ _ _

REPORTING TEST
PARAMETER l IIT 1rns LTS
Total Petroleum l lydrocnroon, PPM(nC6-nC 12) 50 HRL
·1 nrnl Petroleum Hydrocarbo11, PPM(>nC 12-nC28) 50 BRL
Total Pe!wlcum llyd1·oc.1rbon, PPM(>nC28-nC35) 50 11RL

D 1n lel hi hi lli D11tc: 02 -15-2019 1(f;.,.,:,


t.1 \l.,nu •1•1
P!U\1,\il. Y ,\CC REllE'A ! ,ON TCEV. ~-; W 17(M20J -I S-12
AIUI.O'.~A UCE:-lSE Ii AZ06J(l
!)l :A LI FJEHS & AB»H[YIA'I 10:'l'S: DRI. - lld11•1· Hrpnrlin~ Limit; SCL • Ttsl ptrfnJ 111rd hy :in apprund s11h(on11 ac• IAliol':11\,11·; ll - .\nolylt wns d1:tetttd
i11 lht :i~,ol'ialrd mell,,id !;b111I;; :\la:ri~ spikt/m~!J h o[liltt du11liuh' (,\JJ, l,~l,11r,1loq, '"" lrol .,amplr (L), C,1lihr aliun cri1tria (CL ,nil Su, ro~;1k (.';) , rroi·crk,
,,., r <Ju t,iur arnpt•nrt limih Tr,t f1t.vi•t ion aprli<d w :\Jcchou 1!21,11 (VO< :,';). s ,1111plt da!r :111alyn~ for od: tc,t h A1·a ilahlr upon"''!'"''-

j' ('(),\I ,\II ' r.;: 'I t:,ritC, 11:;-;-T,1tid~ntial IJ0• 1r,~ • t1lorn1~i'ic:1 .;;J n'iif~1i1,:u,: 1,1111 i1:,,\ ii· ~l"fll ,Hd ua,·j;~ ;;;;..,, .... 1111.,v ~1 O!I n p1,;,-l1,:•1i0n d :l- .1-1
L~, IIn, uc, {'!IP ;,nlhf1J1,.mli~,.. lrcun Ih~_~11.q om~r --~r ~~~c ~vcr~ 't'-":. OliiJiilv ~1i\11ra1.\.~. t~1:•1 dt~:._:~•.u,:, ;r d wlr~~~~•· ~-;1~.. _ . ·-

PHEnsm, l'E nWLEl',1 L·\JIS, li\C'S R[Sf'0NSl81Lfl , ;·1°61t TIii'. ,\ non: ,\i\,\LYSJS, op1:-,;10:-.s on li\'I rnrRHATlo:-.s IS LIMI I f'.I> TO
., m: ""'OICE .\J\10\ 'XT 111::sl'l .'J'S ,\Rf, IU.t'Olrl ~:I) 0:\ ,\f'I ",\S JS' ' K,\SIS , liNL[SS O f!IERWISE 1-:()'J rn. 1111-: TEST IU'.SUL'JS lttlXJT
()~) .) I() Till Sl'tt;lll'f f LI) S,\i\lru: II)[;\ IWJED n:, ·1111s Rf.POIU . ·1E5 I HESll] :1 S ,,u:
I ALL REO\ IIHDI ~'.!\'IS OF \'El.AC FOil TES rs
I I~ ffl) 0NTII£ l. \ll()IUTOl{)"S cun,u:,, I Fu:u,s OF ,\CUlEllllTflO,'\ tU'.\ lUHi, ~Ul\l, 8082. 8260. ;)II(! ~075),
I .AHOl{A rrnn:
i\DDHESS l Client Nam~: lnlnnd RcQ·cling LLC
5915 Star Lane, llousfon, TX 77057 Str('c;'l Add1ess: PO Box 1>.:.W
Ph. 713-680-9--125 l•':1x: ?U-680-956-l I CH~-. State, Zip: Columbus, TX 78934
Wc:-bsit~: prcris~l\h .~11 g ---•-

INVOICE No.
-------- 1
8l (i46 I 1)/\"I t-: REU?V~.D ., -- - l- 02- 13-2019 ~
LAB Rrr=.ERENCE No. 2019-02-378 DATE/TIMh COLLECTED rL:.13-20]< _
Al !'I J tORLZH B David Polston MATRD( TYPE _ _ _ _ I ,1q uid _ _ __
- - - - -- - S02 Washrack Dale I Jnit Fmm Inland Rccyding ·1CE( ln:p ct inn Onsitc
Pl{(J[) T ID

F.ST REPORTING TEST


.PARAMETER 11RTJTOD Ll i 11T 1 \l:StJ T.
Tntal Petroleum Hyd1ocarbn11 , PPM(nC6-nC i 2) T1 I CC I00~ 50 BRL
Totai Petroleum I lydrocarbon, PPM(>HC J2-11C28) 'rNR( \ 10 li 50 13RL
Totnl Petroleum Hychocmbon, PPM(>nC28-nC35) I NR l' JOO 50 BRL

Daniel Zabihi J)ak: 02-15-201') ¼e ,,·


QA \1anager l'Rl\1,\1\Y ACC REIJl'fA', •C'IN 'I CH), 1, l'l04'7fi4?/H- l ll - ! :.
All!ZO'M I ICl-.}:S:' ;i A/0/,,10
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in llit :ow1dn!Hl m<:lhctil 1Mnl<: ;\L1h h spike! mnlri,· spik• rluplital< ()I), I abrn ;;101 )' ,011 lrnl ,amr1lc (I .J, C~lillr~rion crlteri~ (Cj, :1ud .Sui rn~~le (S) rtrovt1 its
1n1.c outside Hrcp1~111:e lh11ils. 'fr1t 1inL11lon spplkd In .\JrtLo1I 8260 (YOCS). Saio11k dale ~Mlpcd fur r,rh t,·,1 i, :n ,il~hlc u;,on rcqunl.

't(Ol\l,\U,e\ rs~ C.'rllhCJ1C ",·,1111,u:111111! ,1tm1•<. -\ ,nh,1111.111,,., ,111J ii 111 hi) In I'"" ,k ,I M "· '"'"'""ii w,1,·11 -, p,,,. I -1- · o:iliiC i>l ()the;· r• •;h•~llnn ur tlu,,
~1•11t ~!:P~.r ~~ t:r !~! ,:~ut_~i!1f~!.~t!,t,:Ji fro~2,, lhc C'U\lcm1i:r !hctt \"vCh! no r:wthh, a,~swai:c: i\t\OJn:\lies anu-.n.Ic-,, w~tb !h~c lt')t,;

PH ECJSIO:'< ·1•1-:11<01.1: l''.'11 I.\ llS, J/",(:,s ltf:."il'O:'iSllll I.IT'\; FOil TIii: ,-\IIOV.: ,\;'-i,\l.\'SIS, Ol'PdOXS Olt 'I N'l'Elll'Htl ,1.Tm.,s 18 Lli\lHED TO
TIIF. '"'''()let: .\,\l()Li,'\l, UESULT.S AllE 1u:1•01n EU 0:-/ AN ";\S JS" (l.\SIS, ll:'iLESS O'I Jlt:HWIM; :'iO I ED. 111£ Tl::ST lt£MlLTS R£LATE
O~LY TO THE srn,11TTU) S,\:\lrt.i: JDJ:t\fJFlU) Oi'i 1 IIIS RF.POR f. n;s I' REs1:us :'IUTI' ALL Hl-: Qt!lfUc\lE:'>IS OF ;-lt:lAC FOR TESTS
USU:ll O.'I TIIC 1.,\IIOHA'I OR\''S Cl 11HU'.'IT FH'.l.llS 01' ,\CCltEIHT,\TION (El',\ 10!0, 6UIO, RO~l. 11260, nrul 9(17SJ.
Water treatment chemicals and others in totes:

: Sodium Chlorite
: Aluminum Chloride
: Methanol
: Isopropanol
: Ammonium Chloride
: Petroleum Distillates
: Ethylene Glycol Monobutyl Ether
: Sodium Hydroxide Solution
: Xylene
: Ethylbenzene
: Polymer Non Hazardous
: Nalco Champion Min# Ml 1B8
: IN - Feed
ATTACHMENT 2
16503, J.um.s ey'Rd
Crosby-, TX .77532
09-0ct-2018 1:12 pm
KMCO,LLC
Inland Environmental 16503 RAMSEY rOAD
6254 Highway 71 South CROSBY, TX 77532- Tuesday, 9 Oct, 18
Altair, TX 77412- OEblWRY TIME

ClJSTGMl:R N_O.
KMCOLO

SHIPMENT NO. CONSIGNEE NO. DELIVERY NOTE FREIGHT TERM


CUST ORDER NO.
BOL Bill Freight to KMCO

CARRIER CAR INITIAL CAR#/ TRAILER# SEA.L#'S

S ·
PART H SHIPPER'S
QUANTITY DESCRIPTION
CODE M NET WEIGHT
ORDERED
45000 LB 30329 X UN1993,Flammable Liquid, n.o.s. (Fuel Blendstock) 35100 LB

1TT 3,111, ERG 128


Bin: 35,100.00 LB
UN1993
Fuel Blendstock
T743,520,EEP

Loading Temp:
This is to c,,rtily that the above,.named materials Subject t~ Section 7 of the conditions, ~ 11,il, If the shipment moves between two
Note-V"1ere the rate is dependent on value, shipment ,s to be delivered to the consignee
are properly classified, described, packaged, ports by a carrier by water, the law
shippers are required to state specifically in
!11111Da"811jt-lebeled and are In proper condition for without recourse on the consignor, the consignor requires that the bin of lading shall
writing the agreed or declared value of the shall sign the following statement: The <:arT(er
transpo · n according to the applicable state whether it is carrier's or
property. The agreed or declared value of
psrtment o f ~ shall not make delivery of this shipment Without shipper's weight.
the property is hereby specifically stated by gulation of the
payment of freight and an other lawful Charues
the shipper to be not exceeding:

$._ _ _ _ _ per_ _ _ _ __ SIQnature of Consignor The fiber boxea uaed for thi,
shipment conform to the
specifications set forth in box
maker's cartlflcate !heron, and an
other requirements of Uniform
above
on the date of the Issue of this BIii of Lading, the property described
ECEIVED, subject to the classifications and lawfully flied tariffs In effect Freight Claasl!fcation. Shipper's
word carrier being understood throughou t this contract as meaning any parson or corporation in possession of the property imprint in lieu of stamp, not apart of
lch said canier (the carrier on the route to
at said destination , if on its route, otherwise to deliver to another bUI of lading approved by the
nder the contract) agrees to cany to its usual place of delivery
agreed as to each carrier of all or any of, said property over all or any portion of said route to desUnation and as to each Interstate Commerce Commission
ai d destination. It is mutually
biU Of lading temns and
service lo be performed here under Shall be subject to ab the
arty at anytime interested in all or any said property, that every
classllicatlo ns on the date of shipment. Shipper hereby certifies that he ls famHlar with all the bill of lading terms and
nditions in the governing
himself and his assigns.
ndlUons are hereby agreed to by the shipper and accepted for

SHIPPER CARRIER COD AMT:$


Freight Terms
• MSDS ANO COA
Third Party BIii Freight To:
SHIPP RECEl\!Eo

PER
t---__ ,;;::,, ,.,,=:: ::::::: :::::;~ ---=-- ~----- -tAGE NT
FOR EMERG CNCY RESPON SE INSTRU CTIONS PER
Y2
Call CHEM TREC @ 1-800- 424-93 00
KMOO
1650 3 Ram sey Rd
Crosb y, "r:X 7753 2

Inland Environmental KMCO ,LLC


6254 Highway 71 South 16503 RAMSEY rOAD
Altair, TX 77412- CROSBY, TX 77532-

KMCOLO
CUST ORDER NO. SHIPMENT NO. CON$1GNEE NO. DELIVER NOTE
BOL FREIGHT TERM
Bill Freight to KMCO
CARRIER CAR INITIAL CAR#/ TRAILER# SEAL #'S

QUANTITY PART H
ORDERED CODE DESCRIPTION SHIPPER'S
M
45000 LB NETW EIGHT
30329 X UN1993,Flammable Liquid, n.o.s. (Fuel Blends
1TT ock) 35440 LB
3,111, ERG 128
.
Bin:
35,440 .00 LB
Fuel Blendstock
T743,520,EEP

Loading Temp :
Note-Where Ille rate Is dapendont on value,·
Thie Is to cartlfy that tho above-named materials
shippers are required to stale spucffica\ly in If Iha shipment movos botweon two
era properly classffied, desclibed, packaged,
wriilng the 1111reod or doclerod value of lhe ports by a i:arrter by water, the law
marked end labeled end era in proper cond\Uon for
property. The agreed or declared value of requires that the bill Of lading &hall
transportation &CCXll'ding to the applicable
Iha property Is hereby spocjfically stated by state whether ii Is carriefs or
regul a\lo of Iha Oopartm o of T porteUon.
the Shipper lo be not exceeding:
shlppafs weight.
$_ _ _ _ per, _..,.._ _ _ _
The fiber boxes used for lhis
shipmant conform to Iha
•peclflcations set forth In box
ECEIVEO , subject to the classifications and lawfully makefs certfflcate !heron, and all
filed tariffs in etrect on the date of Iha issue of this BIii olher requirements or Uniform
ic:h said carrier (Iha word carrier being understood througho of Lading, the property desaibad bove
ut this contract aa meaning any pen,on or corporation Freight Classification. Shippefs
nder lhe contract) agrees lo carry to Ila usual place In po"""8Slon of the prop rty
of delivery al eald desUnaUon, If on its route, otherwis imprint In l\eu of stamp, not apart Of
id destination. It is mutually agreed as lo each carrier e to de\lver to another carrier on the oule to
or ell or any Of, said property over all or any portion Of bl\\ of lading approved by Iha
arty at anytime lnlerasted in 811 or any said property, 98\d route lo destinaUon and es o eac:h
that every service to be performed hare under shall Interstate Commerce Commission
ndltions in the governing dassificaUons on Iha dale be subject to all the bill of lading le s and
of shipmant Shipper hereby certifies that he Is fami\lar
ndilions are hereby agreed to by the shipper end accepted with all the bl\\ orlad\ng terms an
for himself and his assigns.

SHIP PER
CARRIER COD AMT :$
SHIPPER KMCO, LLC
1- --- --- --- --- --- --- --~ • PLACARDS OFFERED
O ~ S E INITIAL
• PLACARDS OFFERED
NAME OF PLACARD
• MSOS ANO COA
RECEIVED
Frelghl Terms
Third Party BiU Freight To:
PER
t------------------lAGEN
T
FOR EMERGENCY RESPONSE INSTRUCTIO
NS
Call CHEM TREC @ 1-800-424-9300 PER

Y2
KMt:O
16503 Ram sey Rd
Crosb y, TX 77532

Inland Environmental KMCO,LLC


6254 Highway 71 South 16503 RAMSEY rOA
Altair, TX 77412- CROSBY, TX 77532-

KMCO LO
CUST ORDER NO. SHIPMENT NO. CONSIGNEE NO. DELIVER NOTE
BOL FREIGHT TERM
Bill Freight to KMCO
CARRIER CAR INITIAL
SEAL #'S

QUANTITY PART H
ORDERED CODE M SHIPPER'S
45000 P NET WEIGHT
90053 X UN2920,WASTE CORR OSIVE LIQUID.FLAM
1TT N.O.5. (SODIUM HYDRO XIDE), 8,(3),11 38020 LB
Bin:

Spent Caustic Solution Toc3 Jt3


38,020 .00 P

BT-1 iOS S&b


.Sf) .1.l.o _f.a-

Loading Temp :
Nole-Where tile role Is dependent on value,
This is -to certify Chat the abovo.named materials
shippers are required to stale specifically In Sul!ject to Section 7 o the conditions, if this
are property classlfiod, desCllbed, packaged, If the shipment moves bolween two
writing the agreed or declared value of the shipment Is to be dellv red to the consignee
marked and labeled and are In proper ~ nclllion for polls by a carrier by waler, the law
property. The agreed or declared value or without recourse on the nsignor, the consignor.
lien according to the applicable requires that the bill of Jading shall

--
the property Is ticreby specifically staled by shall sign the following tatement The carrier
.....::-:i'x:acnftp artment of TransportaUon. state whelher it Is carrior'• or
the shipper lo be not excaeaJng: shall nol delivery s ship nt without shlppet's weight.
'll".l~Jll'l ~Jld IO o
$._ _ _ _ _ per_ _ _ _ __
Signature
The fiber boxes used for this
shipment conform to the
specifications set forth in box
ECElVEO, subject lo the classiffcalions and lawfully f~ed makers certificate !heron, and all
tariffs in affect on the date of the Issue of !his Bill of Lading, other requirements of Uniform
leh said carrier (lhe word carrier being understood througho lhe property deGaibo d bove
ut thls contract as meaning any person or corpo111Uon Freight ClasslficoUon. Shippe(s
ndar ihe contract) agrees to carry lo Us usual place of in possession of lhe pr rty
delivery at said daeUnation, if on Its route, olherwise lo imprint in Ueu ol stamp. not apart of
Id destination..lt is mutually agreed as to each carrier deliver to another call'ier on lh route to
or an or any of, said property over all or any portion of bill of lading approved by the
arfy al anyUme Interested In all or any said property, said route to desUnaUon and a to each
that every service to be performed hare under shall be Interstate Commerce Commiss ion
nditions In the governing classifications on the date of subject to all the bill of lading le sand
shipmenl Shipper hereby certJfiaa that he Is familiar
ndltions are hereby agreed to by the ehipper and accepted with all the b\11 of Jading terms a d
for himself end his assigns.

SHIPPER
CARRIER COD AMT :$
SHIPPER KMCO, LLC
1-----\,,..,.,,,_----------------f • PLACARDS OFFERED
DRIVER PLEASE INITIAL
• MSDS AND COA
RECEIVED
Freight Terms
Third Party Bill Freight To:
PER
l---_; _---=; .;:::;; ;;_.... .;;;;_ __,.:: :__ _--1..
_ _~AG ENT
FOR EMERGENCY RESPONSE INSTRUCTIO
NS
Call CHE MTR EC@ 1-800-424-9300 PER

Y2
ATTACHMENT 3
Jon Niermann, Chairman
Emily Lindley, Commissioner
Toby Baker, Executive Director

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


Protecting Texas by Reducing and Preventing Pollution

February 12, 2019

VIA HAND DEUVERY

Mr. David Polston, President


Inland Recycling, LLC
1022 Schultz Road
Columbus, Texas 78934

Re: DEMAND TO CONDUCT REMEDIATION RESULTING FROM A DISCHARGE ON OR BEFORE


February 6, 2019 at:
Skull Creek, originating from Altair Recycling Facility, 6254 Highway 71 South, Altair
(Colorado County), Texas 77412
TCEQ SWR No.: 87017; EPA ID No.: TXR000083735; Used Oil Registration No.: A86293

Dear Mr. Polston:

On February 10, 2019, Ms. Tina Tran of the Texas Commission on Environmental Quality (TCEQ)
Houston Region Office conducted an on-site investigation at the above-referenced location in
response to an off-site release. On February 12, 2019, Mr. Kevin McLeod and Ms. Kendra
Bernhagen of the TCEQ Houston Region Office conducted an on-site investigation at the above-
referenced location in response to an off-site release. During the investigation, Ms. Bernhagen
of the TCEQ issued a verbal demand instructing you to take immediate action to address the
above-described conditions. TCEQ is now memorializing this demand in writing.
By this letter, TCEQ is demanding you, the responsible person, take immediate action to
address this substantial endangerment/spill. Specifically, stop additional releases, contain
and remediate all off-site impact. Because of this release or potential release to the
environment, time is of the essence and action must be taken immediately. Any delay will
allow further impacts to human health and the environment.

Conditions at this site are an imminent threat and substantial endangerment to human health
and/or the environment. Because you are the owner or operator of a site from which a release
emanates and caused/allowed a spill, discharge, or emissions, you are required by Texas law to
address these conditions immediately and completely. The TCEQ would prefer that you, the
responsible person, address these conditions; however, if you do not or if you do so
inadequately, the TCEQ, or its contractor, has authority to enter the property and take steps
necessary to alleviate the substantial endangerment. If the TCEQ addresses the situation, it will
seek cost recovery for expenses incurred and resulting from the substantial endangerment.
Under certain circumstances, the TCEQ can recover twice the amount spent.

Please provide written documentation within five working days from the receipt of this letter
that the conditions have been addressed.

TCEQ Region 12 • 5425 Polk St., Ste. H • Houston, Texas 77023-1452 • 713-767-3500 • Fax 713-767-3520
Y3
Austin Headquarters: 512-239-1000 • tceq.texas.gov • How is our customer service? tceq.texas.gov/customersurvey
printed on req•cled paper
Mr. David Polston, President
Page 2
February 12, 2019
Legal Authority - Chapter 26 of the Texas Water Code:
The Texas Legislature by and through TCEQ requires certain actions by specific persons
regarding spill and discharge responses by law. Section 26.262 of the Texas Water Code (TWC),
states "it is the policy of this State to prevent the spill or discharge of hazardous substances
into the waters in the State and to cause the removal of such spills and discharges without
undue delay." Chapter 26 of TWC requires immediate action by the responsible person or the
TCEQ will have to take over the cleanup. Section 26.266(a) of TWC states a property owner or
operator "shall immediately undertake all reasonable actions to abate and remove the discharge
or spill subject to applicable federal and state requirements, and subject to the control of the
federal on-scene coordinator." Additionally, Section 26.266(b) of TWC states "[i]n the event that
the responsible person is unwilling or in the opinion of the executive director is unable to
remove the discharge or spill, or the removal operation of the responsible person is inadequate,
the commission may undertake the removal of the discharge or spill and may retain agents for
these purposes who shall operate under the direction of the executive director." Section
26.263(6) of TWC states a "person responsible" or "responsible person" is "(A) the owner,
operator, or demise charterer of a vessel from which a spill emanates; (B) the owner or operator
of a facility from which a spill emanates; (C) any other person who causes, suffers, allows, or
permits a spill or discharge."

The applicable law allows TCEQ to recover costs in certain circumstances. Concerning cost
recovery efforts, Section 26.265(f) of TWC directs the state to seek recovery from responsible
persons. Section 26.265(d) describes types of costs the state may recover. It states "in addition
to any cause of action under Chapter 40, Natural Resources Code, the state has a cause of
action against any responsible person for recovery of: (1) expenditures out of the [Texas Spill
Response Account]; and (2) costs that would have been incurred or paid by the responsible
person if the responsible person had fully carried out the duties under Section 26.266 of [TWC]
including: (A) reasonable costs of reasonable and necessary scientific studies to determine
impacts of the spill on the environment and natural resources and to determine the manner in
which to respond to spill impacts; (B) costs of attorney services; (C) out-of-pocket costs
associated with state agency action; (D) reasonable costs incurred by the state in cleanup
operations, including costs of personnel, equipment, and supplies and restoration of land and
aquatic resources held in trust or owned by the state; and (E) costs of remediating injuries
proximately caused by reasonable cleanup activities." Please know that Section 26.265(g) of
TWC states that "in a suit brought under [Section 26.265(d) of TWC] any responsible person
who, after reasonable notice has been given by the executive director, has failed, after a
reasonable period, to carry out his duties under Section 26.266 of [TWC] is liable to the state
for twice the costs incurred by the state under this subchapter in cleaning up the spill or
discharge."

Description of Site
Altair Recycling is an oil and gas waste recycling facility which offers the following services: oil
and water-based solids recycling; oil and water-based fluids recovery; water disposal; and
truck/tank washing.

Cause of Concern

On February 10, 2019, a spill was observed downstream of the facility that resulted in a fish
kill. There is also an imminent threat of discharge to the Colorado River.

Recommended Res onse Y3


Mr. David Polston, President
Page 3
February 12, 2019

Recommended Res onse

The following actions, at a minimum, are required to mitigate the conditions present at the site,
which constitute an imminent and substantial endangerment of human health and the
environment: cease discharging; determine the vertical and lateral extent of contamination from
releases on the property and off-site; remediate the on-site and off-site impacts to any impacted
water bodies (e.g., Skull Creek) and locations in the vicinity and downstream. Also, provide a
detailed list of the chemicals managed and/or processed on the site; provide a site diagram
indicating the process areas, offices and storage locations for the materials used in the
recycling activities, contain and remediate any remaining containers of materials. All actions
are to meet the requirements of state and federal remediation, and waste determination and
disposal documentation.

TCEQ Region 12 will monitor conditions to determine the adequacy of the response activities.

If you or members of your staff have any questions, please feel free to contact Ms. Guadalupe
Quiroz, Emergency Response Work Leader, in the Houston Region Office at (713) 767-3608 or
(713) 409-2517.

Sincerely,

/!(~ ~
icole. M. Bealle, P.G., R.S.
egional Director
Houston Region Office

NMB/GQ/ug

cc: Mr. Kenneth Owens, Property Owner, 6314 Aspen Cove Court, Sugar Land, Texas 77479

Y3
ATTACHMENT 4
Skull Creek Surface Water Samples
April 10, 2019

Metals, Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), Total Dissolved
Solids (TDS) – Samples Collected on February 12, 2019

Surface water samples collected from three sites on February 12, 2019 were analyzed for 15
constituents including total suspended solids (TSS), chemical oxygen demand (COD), total
dissolved solids (TDS), and total metals. All 15 constituents were reported either below
appropriate comparison levels or were not detected e xcept:
• manganese in two samples (sampling sites W00872-01and W00872-02)
• chemical oxygen demand (COD) in one sample (sampling site W00872-02)

The comparison value is a screening value for manganese that is protective for water bodies
used as drinking wate r for livestock. Therefore, these two water samples may represent risk to
livestock drinking at these manganese concentrations for long periods of time.
Chemical oxygen demand is a measure of water quality used by USEPA and TCEQ for water
permitting. High levels of COD in water often correlate with increased algae blooms and
bacteria from organic wastes. High COD levels decrease the amount of dissolved oxygen
available for aquatic organisms and can therefore affect the health of the organisms in the
water body.

Volatile Compounds – Samples Collected on March 22, 2019

Surface water samples were analyzed for 70 different volatile compounds from water samples
collected on March 22, 2019 at four sampling sites (06941-01, 006941-02, 006941-03, and
006941-04).

All compounds were reported either below appropriate comparison values or were not detected
except:
• xylene (total) (sampling sites 006941-01, 006941-02, 006941-03, 006941-04)
• toluene (sampling sites 006941-01, 006941-02, 006941-03, 006941-04)
• ethylbenzene (sampling site 006941-04)
• 1,2,4-trimethylbenzene (sampling site 006941-04),
• 1,3,5-trimethylbenzene (sampling site 006941-02)
• total petroleum hydrocarbons (C6-C35) (sampling site 006941-04).

Xylene, ethylbenzene, 1,2,4-trimethylbenzene, and 1,3,5-trimethylbenzene were reported above


their freshwater chronic benchmarks of the Texas Surface Water Quality Standards (TSWQS).
Toluene was reported above its water criterion in the TSWQS. Total petroleum hydrocarbons
(TPH) (C6-C35) was reported in one sample at a concentration greater than its Texas Risk
Reduction Program (TRRP) contact recreation water protective concentration level (PCL).

Fish exposed to xylene, ethylbenzene, 1,2,4-trimethylbenzene, and 1,3,5-trimethylbenzene in


surface water at co ncentrations greater than their chronic benchmark could experience sub-
lethal effects, such as growth impairment and reduced reproductive success, or lethality. The
duration of exposure applicable to the most common chronic toxicity test is seven days or
more. Based on the results in one sample, individuals using the water for contact recreation
(e.g., swimming) may be exposed to TPH at a concentration greater than the level that
represents a safe level of TPH in water to be protective of water ingestion and dermal contact
with surface water.

Y4
Total Metals – Samples Collected on March 22, 2019

Surface water samples were collected at four sites on March 22, 2019 and analyzed for 13 total
metals.
All metals were reported either below appropriate comparison values or were not detected
except:
• lead (sampling site 006941-03)
• chromium (sampling site 006941-03)
• zinc (sampling site 006941-03)
• copper (sampling site 006941-03)
Chromium, zinc, and copper were detected above their chronic freshwater-life criterion (Texas
Surface Water Quality Standards). Fish exposed to chromium, zinc, and copper in surface water
at concentrations greater than their chronic benchmark could experience sub-lethal effects,
such as growth impairment and reduced reproductive success, o r lethality. The duration of
exposure applicable to the most common chronic toxicity test is seven days or more. The lead
comparison level is a fish ingestion-only criterion in the TSWQS and represents a concentration
in water that prevents contamination o f fish to ensure that they are safe for human
consumption.

Skull Creek Soil Samples

This data was compared to the Texas Risk Reduction Program (TRRP) protective concentration
levels (PCLs) for direct contact. Sample numbers: 006941-01/ TD36534-2; 006941-02/
TD36534-4; 006941-03/ TD36534-6; 006941-04/ TD36534-8.

These samples were collected from the bank of the Skull Creek surface water body above the
waterline; therefore, they were compared to soil PCLs. Specifically, the sample results were
conservatively compared to both the 0.5-acre and 30-acre residential total soil combined
(To tSOILC o mb ) PCLs (protect against effects caused by exposure via combined soil ingestion, dermal
contact, inhalation of volatile and particulate chemicals, and ingestion of above-ground and
below-ground vegetables for residential land use). No analytes were detected at concentrations
above either the 0.5-acre or 30-acre PCL, therefore health impacts from the measured analytes
are not expected via any route of exposure to the soil. The reporting limits for each analyte
were below the respective PCLs.

Y4
ATTACHMENT 5
Legend
Altair Recycling Facility
Altair Recycling Facility
Sampling Date: March 22, 2019
RN104499058 (ARF) Sample No.
CN605160464 (Inland Recycling LLC) Skull Creek


Y5
N
© 2018 Google 4000 ft
ATTACHMENT 6
4/11/2019 Altair, TX (77412) 10-Day Weather Forecast - The Weather Channel | Weather.com

Scan for updated forecast


Altair, TX (77412) 10 Day Weather
10:10 pm CDT

DAY DESCRIPTION HIGH / LOW PRECIP WIND HUMIDITY

TONIGHT
Partly Cloudy --I 59° 0% NNE 8 mph 61%
APR 11

FRI i~' AM Clouds/PM Sun 82°I 68° 0% E 12 mph 59%


APR 12

SAT 3''
,,, AM Thunderstorms 81°I 47° 80% SSW 16 mph 75%
APR 13

SUN
APR 14
.:-*-:.
,,,.,,,... Sunny 71°I 49° 0% NNW 16 mph 49%

MON
APR 15 ~"' Partly Cloudy 81°I 60° 0% SSE 12 mph 50%

TUE
Cloudy 82°I 70° 20% SSE 15 mph 68%
APR 16

WED 3W
,,, Scattered Thunderstorms 83°I 57° 60% SSW 13 mph 73%
APR 17

THU
APR 18
.:Of,!t
,,,.,, ,, Isolated Thunderstorms 75I° 54° 30% NW 12 mph 51%

FRI ~~I
Partly Cloudy 75°I 52° 10% NNW 11 mph 52%
APR 19

SAT
APR 20 .:-*-:.
,,,.,,,... Sunny 78°I 55° 10% W 10 mph 51%

SUN ._\II
-:.,,,.... Mostly Sunny 80°I 61° 10% SSE 12 mph 57%
APR 21

MON 3W
,,, AM Thunderstorms 81°I 63° 40% SSE 12 mph 64%
APR 22

TUE 3~'
,,, AM Thunderstorms 82°I 63° 50% SSE 11 mph 66%
APR 23

WED
-;.,, ,,
.._\II
Isolated Thunderstorms 83°I 62° 30% SSE 9 mph 63%
APR 24

THU
AM Showers 82°I 62° 30% SE 10 mph 65%
APR 25 'I

ALMANAC Y6
https://weather.com/weather/tenday/l/77412:4:US 1/2
4/11/2019 Altair, TX (77412) 10-Day Weather Forecast - The Weather Channel | Weather.com


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Y6
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ATTACHMENT 7
Jason T. Ybarra

Employment History

Texas Commission on Environmental Quality (TCEQ), Houston Regional Office


Houston TX
Office Phone (713) 767-3615

Waste Section Manager 03/13 - Present

• Manages the staff and resources of the Waste Program of the Houston Regional
Office of the Texas Commission on Environmental Quality (TCEQ).
• Manages and communicates information regarding compliance, enforcement,
and monitoring activities for the region's Waste Program.
• Coordinates, schedules, monitors, and communicates information regarding the
progress of the region's Waste Program.
• Hires, develops, and appraises the performance of Waste Program staff.
• Advises the Regional Director of significant program issues. Provides outreach
and technical assistance to the general public, regulated community, media, and
government officials.
• Provides technical and programmatic input for regulation development.
• Manages the Emergency Response Team which responds to spill and emergency
response incidents, conducts investigations, make recommendations for
restoration of affected environments, and conducts follow-up investigations.
• Assists the Director in overseeing the Agency Records Management program
specific to records retention, storage, access, and destruction for the Waste
Section.
• Oversees Public Information Request (PIR) activities for the Waste Section.
• Participates in the development of the Waste and DRST budget for the Region.

Team Leader for the Waste Section 03/06 – 02/13

• Managerial duties include planning the SW annual inspection/audit workload,


assigning inspections/audits to investigators on a monthly basis, assigning
complaints to investigators as they are received, conducting inspections and
complaints, as needed, tracking inspections/audits to ensure workload
commitments are met, development of employee performance plans and
participating in employee annual performance reviews.
• Coordinates, schedules, monitors and communicates information regarding the
progress of the Waste Section.
• Duties include technical report writing, review of compliance and complaint
inspections, review of enforcement actions, and environmental impact and risk
assessment, and recommendations and design.
• Report reviews included: MSW landfills, transfer stations, processors,
incinerators, recyclers and tire sites. Industrial Waste Facilities include
generators, TSDs, BIFs, and large manufacturing facilities.
• Hires, develops and appraises the performance of Waste Section staff.
• Advises the Waste Section Manager of significant section issues.

Y7
• Provides outreach and technical assistance to the general public, regulated
community, media, and government officials.
• Provides technical and programmatic input for regulation development.
• Represented the Region 12 Houston and the TCEQ during public hearings
regarding solid waste issues.

Work Leader for the Solid Waste Section 06\05 - 02\06

• Supervised the Solid Waste Team, involving municipal solid waste, and industrial
and hazardous waste programs.
• Duties included technical report writing, review of compliance and complaint
inspections, review of enforcement actions, and environmental impact and risk
assessment, and recommendations and design.
• Report reviews included: MSW landfills, transfer stations, processors,
incinerators, recyclers and tire sites. Industrial Waste Facilities include
generators, TSDs, BIFs, and large manufacturing facilities.
• Communicated with management, agency staff, the regulated community, the
general public, and elected officials regarding the municipal solid waste and
industrial and hazardous waste programs; gave presentations, provided technical
input and represented the Solid Waste Section in various public and TCEQ
forums.
• Completed personnel management functions, which included hiring and
developing staff, performance management in accordance with agency policy and
procedures.

Environmental Investigator for the Solid Waste (SW) Team 9/98 - 05/05

• Conducted highly complex inspections at active and closed SW landfills and


• SW transfer stations.
• Conducted complex compliance evaluation inspections in the fields of Used Oil,
Medical Waste, SW Transporters, and Scrap Tire Management.
• Prepared technical reports concerning routine inspection and complaint
investigation findings.
• Provided outreach and technical assistance to the general public, regulated
entities, and other TCEQ staff.

Environmental Investigator for the Petroleum Storage Tank Team 3/97 -


8/98

• Conducted Petroleum Storage Tank (PST) and Stage I & II Vapor Recovery
compliance evaluation inspections.
• Provided outreach and technical assistance to the general public, regulated
entities, and other TCEQ staff.
• Reviewed technical information received by the regional office such as
compliance documentation, PST and Stage I & II test results, and Underground
Storage Tank removal reports.

Education

Sam Houston State University Huntsville, Texas

Y7
Bachelor of Science in Environmental Science, December 1996
Coursework included chemistry, biology, physics, ecology, environmental law, hazardous
waste management, industrial hygiene, and environmental decision making

Y7
EXHIBIT B
AFFIDAVIT OF TINA TRAN

STATE OF TEXAS }
}
COUNTY OF HARRIS }

Before me, the undersigned notary, on this day personally appeared TINA TRAN, a person
whose identity is known to me. After I administered an oath to her, upon oath she said:

"My name is TINA TRAN, I am over the age of eighteen years, of sound mind, and capable
of making this affidavit. This affidavit is made on my personal knowledge and the statements
herein are true and correct.
I am employed by the Texas Commission on Environmental Quality ("TCEQ") as an
Emergency Response Coordinator in the TCEQ Region 12 Houston Office. My job responsibilities
include conducting on-site investigations of waste and recycling facilities. In this capacity, I have
the authority to make this affidavit. Furthermore, in this capacity, I am familiar with the waste
processing facility located at 6254 Highway 71 South, Altair, Colorado County, Texas 77412
("Altair Facility"). Moreover, I am familiar with the technical requirements of TCEQ rules for
waste and recycling facilities as they apply to Altair Facility.
The Altair Facility is adjacent to Skull Creek, which is a contributing stream to the
Colorado River. From the location of Skull Creek near Muddy Lake (located on Altair Facility's
property) to Colorado River, the creek runs approximately 5.0 miles upstream. The direct distance
from Skull Creek near Muddy Lake to Colorado River is approximately 3.0 miles.
On February 10, 2019, I conducted an on-site investigation of the Altair Facility in response
to one complaint. During my on-site investigation of the Altair Facility, I observed a fine black
granular substance in Skull Creek and two dead fish in Skull Creek underneath the bridge at the
intersection of Skull Creek and Highway 71. I observed a light sewage and petroleum odor
underneath the bridge at the intersection of Skull Creek and Highway 71. I observed a fine black
granular substance in Skull Creek and detected a light sewage and petroleum odor at the
intersection of Skull Creek and County Road 16.
I took photographs of the Altair Facility on February 10, 2019. A photograph is attached
to this affidavit as Attachment 1. This photograph accurately and fairly depicts the scene as it
appeared on February 10, 2019. There have not been any material alterations or deletions to the
photograph.
The attached photograph was taken on February 10, 2019. I took this photograph at the
location of Skull Creek and Highway 71 (GPS Coordinates: N 29 32.826'W 96 27' 3.83'). I
observed two dead gars and a fine black granular substance on the embankment of Skull Creek.
This photograph is facing towards the southeast.

Tran Affidavit Page 1


I have read the foregoing Original Petition and Application for Temporary Restraining
Order. The facts alleged therein under paragraph 5.5 are within my personal knowledge and are
true and correct. I gained my personal knowledge of those facts from on-site investigation of Altair
Facility, and based on such personal knowledge, the facts alleged in Paragraphs 5.5 of the Petition
are true and correct."

4lifiiPZ--
Environmental Investigator
Texas Commission on Environmental Quality

SUBSCRIBED AND SWORN TO BEFORE ME on irfe.il (2 / .201q , to

certify which witness my hand and official seal~ft, •J


(Seal) ~=-_:__::_
'U_
W_l ~~~----l.-,,..=:..1----=-s.....<-- - -- -

Tran Affidavit Page 2


ATTACHMENT 1
Tran 1
EXHIBIT C
AFFIDAVIT OF TREY TRUMANN

STATE OF TEXAS }
}
COUNTY OF HARRIS }

Before me, the undersigned notary, on this day personally appeared TREY TRUMANN,
a person whose identity is known to me. After I administered an oath to him, upon oath he said:

"My name is TREY TRUMANN, I am over the age of eighteen years, of sound mind, and
capable of making this affidavit. This affidavit is made on my personal knowledge and the
statements herein are true and correct.
I am employed by the Texas Commission on Environmental Quality ("TCEQ"). I am an
environmental investigator for the Water Section in TCEQ's Houston Region 12 Office. My job
responsibilities include conducting on-site investigations of facilities that discharge into waters of
the state. In this capacity, I have the authority to make this affidavit. Furthermore, in this capacity,
I am familiar with the waste processing facility located at 6254 Highway 71 South, Altair,
Colorado County, Texas 77412 ("Altair Facility"). Moreover, I am familiar with the technical
requirements of TCEQ rules for facilities that discharge into the waters of the state as they apply
to Altair Facility.
The Altair Facility adjacent to Skull Creek, which is a contributing stream to the Colorado
River. From the location of Skull Creek near Muddy Lake (located on Altair Facility's property)
to Colorado River, the creek runs approximately 5.0 miles upstream. The direct distance from
Skull Creek near Muddy Lake to Colorado River is approximately 3.0 miles.
On February 12, 2019, I conducted an on-site investigation of the Altair Facility. I began
my investigation at the main office and inspected the washout area, where truck tires, plastic totes,
and other storage materials that have come into contact with waste are washed. The concrete
primary containment wall surrounding the washout area was incomplete, a part of the concrete
wall along the south side was missing, effectively allowing liquid waste to flow out of the washout
area. I observed a strong petroleum product smell in the Facility. Throughout the Facility, I
observed leaks from totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes, and tanks.
I observed approximately 4000 containers (totes and drums) of solid waste, an area with an
estimated 50 tons of material in super sacks, scrap metal and various sizes of used plastic
containers, and an estimated 16,700 tons of materials throughout the Facility. Some of the super
sacks contained frack sand and others contained a gel-like material.. Various sup~r sacks were
deteriorated and spilling onto the soil. ~ -. i

On April 8, 2019, I conducted an on-site investigation of the Alt1ii~.Faciiity. I observed a


black tint on the water of Skull Creek where it intersects at J:fighway 71. !' observed approximately
4000 containers (totes and drums) of solid waste, an area with ari estimat~d 50 tons of material in
super sacks, scrap metal and various sizes of used plastic containers, and an estimated 16,700 tons

Thumann Affidavit Page 1


of materials throughout the Facility. These conditions had not changed since my February 12, 2019
on-site investigation.

I took photographs of the Altair Facility on February 12, 2019. These photographs are
attached to this affidavit as Attachment 1. These photographs accuratdy and fairly depict the scene
as it appeared on February 12, 2019. There have not been any material alterations or deletions to
the photographs.

Photograph 1 was taken on February 12, 2019 at the Altair Facility. It is a photograph of
the wash rack and washout area. The photograph was taken facing west,

Photograph 2 was taken on February 12, 2019 at the Altair Facility. It is a photograph of
the wash rack and washout area. The primary containment concrete wall is missing a section and
a dirt berm was installed around that section to prevent a discharge. The photograph was taken
facing northeast.

Photograph 3 was taken on February 12, 2019 at the Altair Facility. It is a photograph of
super sacks piled up and laying on the ground. These super sacks are deteriorated and are spilling
onto the ground.

I have read the foregoing Original Petition and Application for Temporary Restraining
Order. The facts alleged therein under paragraphs 5.1, 5.2, 5.6, 5.6.1, and 5.11 are within my
personal knowledge and are true and correct. I gained my personal knowledge of those facts from
on-site investigation of Altair Facility, and based on such personal knowledge, the facts alleged in
Paragraphs 5.1, 5.2, 5.6, 5.6.1, and 5.11 of the Petition are true and correct."

TREY THOMANN
Environmental Investigator
Texas Commission on Environmental Quality

SUBSCRIBED AND SWORN TO BEFORE ME on (Jp,;,i!_ /2 2 0fl , to

certify which witness my hand and official seal. !/J I


1

(Seal) ~~~+-l~'JJfa~+-~~..______
Notary Pu r
in an r the Stat1 of ;r.,exas
My commission expires: c;2 /;))!:J,Q£J;2.,j
I ~

Thumann Affidavit Page 2


ATTACHMENT 1
Thumann 1
Thumann 1
Thumann 1
ATTACHMENT 2
Thumann 2
ATTACHMENT 3
Thumann 2
EXHIBIT D
AFFIDAVIT OF CASIMIR ONWUKA

STATE OF TEXAS }
}
COUNTY OF HARRIS }

Before me, the undersigned notary, on this day personally appeared CASIMIR
ONWUKA, a person whose identity is known to me. After I administered an oath to him, upon
oath he said:

"My name is CASIMIR ONWUKA, I am over the age of eighteen years, of sound mind,
and capable of making this affidavit. This affidavit is made on my personal knowledge and the
statements herein are true and correct.
I am employed by the Texas Commission on Environmental Quality ("TCEQ"). I am an
environmental investigator for the Waste Section in TCEQ's Houston Region 12 Office. My job
responsibilities include conducting on-site investigations of waste and recycling facilities. In this
capacity, I have the authority to make this affidavit. Furthermore, in this capacity, I am familiar
with the waste processing facility located at 6254 Highway 71 South, Altair, Colorado County,
Texas 77412 ("Altair Facility"). Moreover, I am familiar with the technical requirements ofTCEQ
rules for waste and recycling facilities as they apply to Altair Facility.
The Altair Facility is adjacent to Skull Creek, which is a contributing stream to the
Colorado River. From the location of Skull Creek near Muddy Lake (located on Altair Facility's
property) to Colorado River, the creek runs approximately 5.0 miles upstream. The direct distance
from Skull Creek near Muddy Lake to Colorado River is approximately 3.0 miles.
On February 12, 2019, I conducted an on-site investigation of the Altair Facility in response
to complaints. I observed a chemical sweet odor and a strong petrochemical smell throughout the
Facility. Waste is processed in a series of connected open-air containment basins, ultimately
draining to a sloped outfall approximately 1000-feet from Skull Creek. Throughout the Facility's
site, I observed leaks from totes, drums, barrels, 5-gallon containers, carboys, roll-off boxes, and
tanks, including two large roll-off boxes. The drums were bulging I observed approximately 4000
containers (totes and drums) of solid waste, an area with an estimated 50 tons of material in super
sacks, scrap metal and various sizes of used plastic containers, and an estimated 16,700 tons of
materials throughout the Facility. Some of the super sacks contained frack sand and others
contained a gel-like material. Various super sacks were deteriorated and spilling onto the soil.
On March 22 and April 8, 2019, I conducted an on-site investigation of the Altair Facility.
I observed sewer and petroleum odors throughout the facility. I observed approximately 4000
containers (totes and drums) of solid waste, an area with an estimated 50 tons of material in super
sacks, scrap metal and various sizes of used plastic containers, and an estimated 16,700 tons of
materials throughout the Facility. These conditions had not changed since my February 12, 2019
on-site investigation. Some of the super sacks contained frack sand and others contained a gel-
like material. I observed a fine black substance settled on the bottom of the water near the hank of

Onwuka Affidavit Page 1


two on-site sampling locations: Muddy Lake and a bank of Skull Creek located 20 yards north of
Muddy Lake. The water in both of these locations was dark gray in color. I collected samples from
four locations: two samples were taken off-site from the intersection of Skull Creek and County
Road 16 and from the intersection of Highway 71 and Skull Creek and two samples were taken
on-site: Muddy Lake and a bank of Skull Creek 20 yards north of Muddy Lake.
I took photographs of the Allair Facility on February 12, 2019. These photographs are
attached to this affidavit as Attachments 1-7. These photographs accurately and fairly depict the
scene as it appeared on February 12, 2019. There have not been any material alterations or
deletions to the photographs.
Attachment 1 was taken on February 12, 2019. This depicts an open connector and ponded
oily liquid waste discharged onto the ground. The GPS coordinates are N 29° 33' 0.02" W 96° 27'
23.6099".
Attachment 2 was taken on February 12, 2019. This depicts two open roll-off boxes that
were observed leaking waste. There is standing water in the roll-off boxes. The roll-off boxes are
near the water's edge. The GPS coordinates are N 29° 33' 0.02" W 96° 27' 23.6099".
Attachment 3 was taken on February 12, 2019. This photograph shows the southwest and
southeast of the Facility. This depicts various stacked 250-gallon totes that are degraded and
leaking onto the soil.
Attachment 4 was taken on February 12, 2019. This provides a perspective of how many
totes are on the property and depicts stacks of 250-gallon totes. This serves as an unauthorized
chemical waste storage area. The UN Number for the 1993 placard is Flammable Liquid,
hazardous materials
Attachment 5 was taken on February 12, 2019. This photograph shows that the areas
around the facility flow directly into waters.
Attachment 6 was taken on February 12, 2019. This photograph shows ponded water in
the north and northwest portion of the property and shows discoloration of water from potential
leaching of waste piles.
Attachment 7 was taken on February 12, 2019. This photograph shows the north and
northwest area of the property, which is covered by discarded waste in deteriorated or broken super
sacks that are spilling gel-like materials and frack sand onto the ground.
Attachment 8 was taken on February 12, 2019. This photograph shows the open basin with
an oil and rainbow sheen at the Facility. There is oil staining on far walls and on top of the basin
curb. The GPS coordinates are N 29° 33' 1.5399' W 96° 27' 24.57".
Attachment 9 was taken on February 12, 2019. This shows the overflow draining pipe
pointing down the hill.

Onwuka Affidavit Page 2


I have read the foregoing Original Petition and Application for Temporary Restraining
Order. The facts alleged therein under paragraph 5.6, 5.6.3, and 5.8 are within my personal
knowledge and are true and correct. I gained my personal knowledge of those facts from on-site
investigation of Altair Facility, and based on such personal knowledge, the facts alleged in
Paragraphs 5.6, 5.6.3, and 5.8 of the Petition are true and correct."

U~ t-CR~
CASIMIR ONWUKA
Environmental Investigator
Texas Commission on Environmental Quality

SUBSCRIBED AND SWORN TO BEFORE ME on J\pnl I a 1


.;iDl 9 , to
certify which witness my hand and official seal.

Notary Public in and for the State of Texas


My commission expires: o:J./J'-f/ Q.'.) ~I

Onwuka Affidavit Page 3


ATTACHMENT 1
Onwuka 1
ATTACHMENT 2
Onwuka 2
ATTACHMENT 3
Onwuka 3
ATTACHMENT 4
Onwuka 4
ATTACHMENT 5
Onwuka 5
ATTACHMENT 6
Onwuka 6
ATTACHMENT 7
Onwuka 7
ATTACHMENT 8
Onwuka 8
ATTACHMENT 9
Onuwaka 9
EXHIBIT E
AFFIDAVIT OF LINDSEY GEORGE

STATE OF TEXAS }
}
COUNTY OF TRAVIS }

Before me, the undersigned notary, on this day personally appeared LINDSEY GEORGE
a person whose identity is known to me. After I administered an oath to her, upon oath she said:

"My name is LINDSEY GEORGE, I am over the age of eighteen years, of sound mind,
and capable of making this affidavit. This affidavit is made on my personal knowledge and the
statements herein are true and correct.
I am employed by the Texas Parks and Wildlife Department ("TPWD") as a Natural
Resources Specialist in the Coastal Fisheries Division. My job responsibilities include conducting
fish kill investigations in association with pollution damages. In this capacity, I have the authority
to make this affidavit. Furthermore, in this capacity, I am familiar with the waste processing facility
located at 6254 Highway 71 South, Altair, Colorado County, Texas 77412 ("Altair Facility").
The Altair Facility is adjacent to Skull Creek, which is a contributing stream to the
Colorado River. From the location of Skull Creek near Muddy Lake (located on Altair Facility's
property) to Colorado River, the creek runs approximately 5.0 miles upstream. The direct distance
from Skull Creek near Muddy Lake to Colorado River is approximately 3.0 miles.
On February 9, 2019, I conducted an on-site investigation along Skull Creek in response
to a complaint. During my on-site investigation, I observed approximately 25 dead fish at the
intersection of Skull Creek and Highway 71. The water in Skull Creek at the intersection of
Highway 71 was a dark gray color with visible sheen. I observed what appeared to be a weathered
petroleum product in some areas between Highway 71 and the confluence with the Colorado River.
There was also a moderate to strong chemical or petroleum odor present at the bridge over Skull
Creek at the intersection with Highway 71.
I have read the foregoing Original Petition and Application for Temporary Restraining
Order. The facts alleged therein under paragraph 5.4 are within my personal knowledge and are
true and correct. I gained my personal knowledge of those facts from on-site investigation of Skull
Creek, and based on such personal knowledge, the facts alleged in Paragraphs 5 .4 of the Petition
are true and correct."

~ ~--======-
LINDsiGEORGE
Natural Resources Specialist
Texas Parks and Wildlife

George Affidavit Page 1


SUBSCRIBED AND SWORN TO B~FORE ME on ll- Apo 1 JOI q
1 , to
certify which witness my hand and official seal.

.
Notary Public in and for the State of Texas
My commission expires: ~- l 2-c10d=d-

George Affidavit Page 1


:_;_'.

.f;; j.

,/.-
EXHIBIT F
Cause No. - - - - - -

STATE OF TEXAS, § IN THE DISTRICT COURT


§
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
, INLAND RECYCLING, LLC., INLAND §
ENVIRONMENT AL AND §
REMEDIATION, L.P., INLAND § JUDICIAL DISTRICT
ENVIRONMENT AL AND §
REMEDIATION, INC., INLAND §
ENVIRONMENT AL FACILITY & §
HOUSING, BOUNDARY VENTURES, §
INC., AND DAVID POLSTON §

Defendants.

NEGATIVE CERTIFICATION

STATE OF TEXAS }
}
COUNTY OF TRAVIS }

I, Michael S. Chamberlain, Custodian of Records of the Texas Commission on


Environmental Quality ("TCEQ"), in the performance of the functions of my office, hereby certify
that I am the lawful possessor and keeper and have legal custody of the records of the TCEQ, and
that I am authorized to make this certification. I further certify that I am competent to testify to the
facts in this affidavit and that the statements in this affidavit are based on personal knowledge and
are true.

I also certify that it is the policy of the TCEQ to keep records of all permits, orders, licenses,
certificates, registrations, approvals, and applications for such authorizations, and that such records
are actually kept.

I further certify that I have diligently searched, or caused to be searched, the records of the
TCEQ for the oil and gas waste recycling facility located at 6254 Highway 71 South, Altair,
Colorado County, Texas 77412 ("Altair Recycling Facility"). Based on my search, I certify that I
found no records indicating that Inland Recycling, LLC, Inland Environmental and Remediation,
L.P., Inland Environmental and Remediation, Inc., Inland Environmental Facility & Housing,
Boundary Ventures, Inc., and David Polston (collectively, "Inland"), or anyone acting upon
Inland's behalf, have a permit to discharge process wastewater, stormwater associated with
industrial activities that has commingled with process wastewaters, or industrial solid waste into
or adjacent to any water in the state.
\VI1]iESS M~ H/ AND AND SEAL of the Texas Commission on Environmental Quality on this
/ :2 ""cfayof •> 2019. ~
~ - ~
M~ n, custodianof Records
Texas Commission on Environmental Quality

Aprl t ta. , ~D \ 9
SUm\X \J~~\(~\J
SUBSCRIBED AND SWORN TO BEFORE ME on , to

certify;:::: witness my hand and officiAf


Notary Public in and for the State of Texas

My commission expires:°1uX1.UU i ~ C\ lo{) 0\ l


DONNA MAE DELGADO
NalalY Public. Stal& of!USS
My ConvniNion e,cpil'IIII
January 9, 2021
10 t 10216679

Negative Certification