Filed in The District Court

of Travis County, Texas ~

APR292019~ W
At PS ~ f:jI..
Velva L. Price, District Clerk
Cause No. D-I-GN-19-002002
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. 53rd JUDICIAL DISTRICT

TEMPORARY RESTRAINING ORDER

On this day, Plaintiff, the State of Texas ("State"), State presented to this Court this

Temporary Restraining Order. 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"). The Defendants appeared through counsel.

The purpose of this Restraining Order 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, Texas 77412.

The Court, having reviewed this Temporary Restraining Order, finds that it is a proper
resolution of the matters raised in the State's application for temporary restraining order in the

Plaintiff's Original Petition and Application for Temporary Restraining Order, Temporary

Injunction, and Permanent Injunction. The Court, therefore, approves this Temporary Restraining
Order.
 IT IS THEREFORE ORDERED that the following Definitions and General Provisions

apply to this Temporary Restraining Order:

I. Definitions and General Provisions

1.1 As used in this Temporary Restraining Order, 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, A354 JONES,
A388 LOWE, A725 BBB&C, A386 LONNEY & A668 PUERTA
2791.9121 AC & BLDGS; (ii) A-548 THOMPSON-1999 OAK CREEK
MIH- 18X76 (PFS0588249); (iii) Being all that certain tract containing
2,881.84 acres of land, more or less, out of and a part of the John Lowe
Survey, Abstract No. 388; the L.E. Jones Survey, Abstract No. 354; the
B.B.B. & C. R.R. Co. Survey, Abstract No. 725; and the Puerta Tierra
Irrigation Co. Survey, Abstract No. 668, in Colorado County, Texas, less and
except 19.912 acres of land, more or less, and 1.239 acres of/and, more or
less, out of the B.B.B. & C. R.R. 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 Triangle Industries, Inc., dated June
26, 1997, and recorded in Volume 229, Page 878, Official Records of
Colorado County, Texas, reference 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, employees, and attorneys, and upon those persons in active
concert or participation with them;

C. "EPA" means the United States Environmental Protection Agency;

D. "TCEQ" means the Texas Commission on Environmental Quality;

E. "RRC" means the Railroad Commission of Texas;

F. "Immediately" means the date this Court signs this Temporary Restraining
Order;
State of Texas v. David Polston, et al
Temporary Restraining Order Page 2 of 10
 G. "Effective Date" means the date that the Court signs this Temporary
Restraining Order;

H. "Parties" means Plaintiff, the State of Texas, and the Defendants;

I. "Waste and other Materials of Concern" means waste or any other materials
regulated by the TCEQ or the EPA, or any other state or federal agency. This
includes, hazardous recyclable material, nonhazardous recyclable material,
municipal recyclable material, hazardous waste, industrial solid waste,
municipal hazardous waste, and municipal solid waste, bentonite, WG-39,
used oil, used oil filters, and spent, reclaimed or partially reclaimed
materials. This further includes flammable liquids, water contaminated by
petroleum substances, petroleum hydrocarbons, chromium, zinc, copper,
toluene, xylene, ethylbenzene, 1,2,4-trimethylbenzene, 1,3,5-
trimethylbenzene, aldehydes and ketones (e.g., acetone, methyl ethyl
ketone), halogenated solvents (e.g., carbon tetrachloride, trichloroethylene),
alcohols (e.g., methanol), phenols, nitrogen-containing compounds and oils
containing polychlorinated biphenyl compounds. This further includes
sewage, industrial waste, municipal waste, recreational waste, agricultural
waste, or other waste, as defined in Texas Water Code Section 26.001. This
further includes any exempt or excluded waste or other materials under
TCEQ, RRC, or federal rules.

J. "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
as well as any ponds, lakes, streams and impoundment reservoirs located at
the Site.

Temporary Restraining Order

2.1 IT IS FURTHER ORDERED that Defendants 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
State a/Texas v. David Polston, et al
Temporary Restraining Order Page 3 of 10
 participation with them who receive actual notice of this order, are hereby temporarily

restrained and enjoined as follows:

2.2 Defendants shall immediately cease accepting any Waste and other Materials

of Concern at the Site or any other location in the State of Texas.

2.3 Defendants shall immediately cease and prevent all discharges of any Waste

and other Materials of Concern. No discharges may occur: (i) at the Site; (ii)

into or adjacent to waters in the state; or (iii) anywhere else in the State of

Texas.
2.4 Defendants shall immediately cease all generation, storage, processing,

disposal and/or recycling of any Waste and other Materials of Concern at the

Site or any other location in the State of Texas except as expressly state~ 'n 7. ~
~~ I~ \
this Temporary Restraining Orde Defendants shall im~IY use non- Jti.;
~-\:iJ~ ~
leaking frack tanks or similar equipment to p@l'ft@v~all
gel an aqueous Waste
and other Materials of Concern from ttp~ The Waste and other Materials of
~~\Ji:..!
Concern that shall be iswoJi84 include materials that have been placed in ponds,

ditches and other subsurface features at the Site (e.g., via bulldozer) and

materials that have leached or seeped into adjacent solid and liquids. All gel

and aqueous Waste and other Materials of Concern must be stored inside the

aforementioned non-leaking frack tanks or similar equipment. Defendants shall

comply with all applicable state and federal waste disposal requirements.

2.5 Defendants shall immediately cease the conduct of any and all mixing of

materials (including but not limited to Waste and other Materials of Concern

and any other road base material) in pits, ponds, basins, tanks, sumps,

State a/Texas v. David Polston, et al

Temporary Restraining Order Page 4 of 10
 impoundment reservoirs, and other areas enclosed in berms, or any other area,

including those comprising soil, sand, bentonite, WG-39, and/or any other road-

base materia!. Defendants shall immediately place all such materials (including

but not limited to Waste and other Materials of Concern and any other road base

material) in secured, non-leaking containers. The Waste and other Materials of

Concern include materials that have been placed in ponds, ditches and other

subsurface features as the Site (e.g., via bulldozer) and materials that have

leached or seeped into adjacent solid and liquids.

2.6 Defendants shall immediately cease the burying and disposing of Waste and

other Materials of Concern, road-base material, and any constituents of road-

base materials in pits, ponds, basins, tanks, sumps, impoundment reservoirs,

and other areas enclosed in berms, or any other area, including those comprising

soil and/or road-base materia!. Such burying and disposing includes using
equipment (e.g., a bulldozer) to push and/or mix Waste and other Materials of

Concern with inert substances before or after placing them on or in pits, ponds,

basins, tanks, sumps, impoundment reservoirs, and berms.

2.7 Defendants shall contain and secure all Waste and other Materials of Concern

that are in uncovered and/or leaking containers (including super sacs containing

bentonite or WG-39), and shall place the materials in secured, non-leaking

containers.

2.8 Defendants shall submit to the TCEQ and OAG a detailed inventory of all

Waste and other Materials of Concern located at the Site, as well as a detailed

summary of all other substances, products, materials, tanks, totes, carboys,

State o/Texas v. David Polston, et al

Temporary Restraining Order Page 5 of 10
 barrels, and other containers located at the Site. Defendants shall create the

inventory concurrently with their containment and securement of Waste and

Other Materials of Concern, so that Defendants' inventory shall identify and

account for Waste and other Materials of Concern before while contained and

secured at the Site.

2.9 Defendants shall preserve and shall not destroy or delete any records or

electronic information in its acceptance, possession, custody, or control that

relate to or concern their activities at the Site or Skull Creek, including the
processing, storage, recycling or disposal of any Wastes and other Materials of

Concern, that occurred or existed during the five years preceding the Effective

Date through final disposition of this lawsuit.

2.10 Within thirty days of the Effective Date, Defendants shall submit written

certification to the TCEQ and OAG to demonstrate compliance with these

injunctive provisions. Certifications required by these injunctive provisions

shall be accompanied by detailed supporting documentation, including

photographs, receipts, and/or other records, shall be signed by Defendants, and

shall include the following certification language:

"I certify under penalty of law that I have personally

examined and am familiar with the information submitted
and all attached documents, and that based on my inquiry of
those individuals immediately responsible for obtaining the
information, I believe that the submitted information is true,
accurate and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing
violations."

State a/Texas v. David Polston, et al

Temporary Restraining Order Page 6 of 10
 2.11 While Defendants perform the actions required in this Temporary Restraining

Order, the TCEQ may submit requests for information in writing to Defendants

through their counsel. Defendants must respond to any requests for additional

information from the TCEQ within five (5) days of receiving such questions or

requests.

2.12 Any reports, submissions, data, updates, extension requests, or other

documentation required to be submitted by Defendants in this Temporary

Restraining Order to the TCEQ and Office of the Attorney General shall be sent
to the following addresses and/or e-mails:

Jason Ybarra, Special Assistant

Region 12-Houston
Texas Commission on Environmental Quality
5425 Polk Street, Suite H
Houston, Texas 77023-1452
Jason. Ybarra@tceq.texas.gov

and

Phillip Ledbetter
Environmental Protection Division
Office of the Attorney General
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Phillip.Ledbetter@oag.texas.gov

II. Temporary Injunction Setting and Bond Exemption

3.1 The State of Texas is exempt from posting bond pursuant to Tex. Civ. Prac.

& Rem. Code ~ 6.001(a).

IT IS FURTHER ORDERED that the hearing on plaintiffs application for temporary injunction

is set for 9:00 a.m. on May 13,2019. The purpose of the hearing will be to determine whether
State a/Texas v. David Polston, et al
Temporary Restraining Order Page 7 of 10
this temporary restraining order should be made a temporary injunction pending a full trial on the

merits.

This order expires on May 13,2019.

SIGNED this 4 day of

State o/Texas v. David Polston, et al KARIN CRUMP

Temporary Restraining Order Page 8 of 10
APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED:

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 Protectio

~
P ILLIP EDBETTER
Assistant Attorney General
State Bar No. 24041316
Phillip.Ledbetter@oag.texas.gov
J. AMBER AHMED
Assistant Attorney General
State Bar No. 24080756
Amber.Ahmed@oag.texas.gov
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

State a/Texas v. David Polston, et al

Temporary Restraining Order Page 90f10
APPROVED AS TO FORM:OIJt,. 'f

.C ENAS JR.
Sat 0.24012383
TUNE BARGER, L.L.P.
1 Post Oak Blvd., Suite 1800
Houston, Texas 77056
Telephone: (713) 759-1980
Facsimile: (713) 652-2419
vcardenas@hartlinebarger.com
ATTORNEY FOR DEFENDANTS
State of Texas v. David Polston, et al
Temporary Restraining Order Page 10 of10