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‘led in The oj ste Of Travis Coury Court iY, Texas MAY 14 2019 art a war Oy Cause No. D-1-GN-19-002002 fork IN THE DISTRICT COURT STATE OF TEXAS, Plaintiff, and THE LOWER COLORADO RIVER AUTHORITY, Intervenor-Plaintiff, ee eo TEXAS DAVID POLSTON and INLAND ENVIRONMENTAL AND. REMEDIATION, INC,, and INLAND RECYCLING, L.L.C., s § § 8 § § § § 8 § 8 § 8 § § § 8 § § AGREED TEMPORARY INJUNCTION Defendants. 53% JUDICIAL DISTRICT On this day, Plaintiff, the State of Texas (“State”), and Intervenor-Plaintiff, the Lower Colorado River Authority (“LCRA”), and Defendants, David Polston, Inland Environmental and Remediation, Inc, and Inland Ree: ling, LLC. (“Defendants”) Presented fo the Court this Agreed Temporary Injunction, The State appeared through Attorney General Ken Paxton, on behalf of the people of Texas and the Texas Commission on Environmental Quality (“TCEQ” or “Commission”. LCRA and Defendants appeared through counsel The purpose of this Agreed Temporary Injunction is to enforce the Texas Water Code, the Texas Health and Safety Code, and rules promulgated thereunder by the TCEQ, which control the quality of water in the state and the management of solid waste and hazardous waste, pertaining to the Defendants’ facility located at 6254 Highway 71, Altair, Colorado County, Texas 77412. Upon review, the Court finds that this Agreed Temporary Injunction is a proper resolution of the matters raised in the application for temporary injunction in the Plaintiff's First Amended Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction, and Intervenor-Plaintiff's Petition in Intervention. The Court, therefore, approves this Agreed Temporary Injunction. If IS THEREFORE ORDERED that the following Definitions and General Provisions apply to this Agreed Temporary Injunction: Definitions and General Provisions 1.1 Asused in this Agreed Temporary Injunction, the following terms have the meaning set forth below: A. Site” means the facility located 6254 Highway 71 South, Altair, Texas 77412, including the real and personal property with the following legal descriptions in Colorado County: (i) A548 THOMPSON, A334 JONES, A388 LOWE, A723 BBB&C, A386 LONNEY & A668 PUERTA 791.9121 AC & BLDGS; (ii) A-348 THOMPSON-1999 OAK CREEK M/H- 18X76 (PFS0588249); (iti) Being all that certain tract containing 2,881.84 acres of land, more or less, out of and a part of the John Lowe 1 of Texas v, David Polston, etal Agreed Temporary Injunction Page 2 of 17 Survey, Abstract No. 388; the L.E. Jones Survey, Abstract No. 354; the BBB, & C. R.R. Co. Survey, Abstract No. 7: Irrigation Co. Survey and the Puerta Tierra , Abstract No. 668, in Colorado County, Texas, less and except 19.912 acres of land, more or less, and 1.239 acres of land, more or less, out of the B.B.B. & C. RR. Co. Survey, Abstract No. 725; and being the same land described in and conveyed by that certain Deed from Parker Brothers & Company, Inc, to Golden Inc., dated June 26, 1997, and recorded in Volume 229, Page 878, Official Records of Colorado County, Texas, reference Triangle Industrie: to which is here made for all purposes. Together with all improvements thereon; and (iv) the same land described in and conveyed by that certain Deed from Golden Triangle Industries, Inc., to Kenneth Owens, dated June 14, 2000, and recorded in Volume 339, Page 800, Official Records of Colorado County, Texas, reference to which is here made for all purposes, together with all improvements thereon. B. “Defendants” means David Polston, Inland Environmental and Remediation, Inc, and Inland Recycling, L.L.C., as well as their officers, agents, servants, and employees; “EPA” means the United States Environmental Protection Agency; D. “TCEQ” means the Texas Commission on Environmental Quality; FE, “RRC” means the Railroad Commission of Texas; F. “LCRA” means the Lower Colorado River Authority; “Immediately” means the date this Court signs this Agreed Temporary Injunction; H. “Effective Date” means the date that the Court signs this Agreed Temporary Injunction; State of Texas #, David Polston, etal Agreed Temporary Injunction Page 3 of 17