Travis County DA’s Office Secures Guilty Plea in Environmental Pollution Case
Travis County, TX — Today, Travis County District Attorney José Garza announced that on Wednesday, May 1, 2024, Inland Recycling, LLC CEO David Polston pleaded guilty to the offense of Intentional or Knowing Unauthorized Discharge.
In April 2019, Mr. Polston allowed his company, Inland Recycling, an oil and gas recycling facility located in Colorado County, to discharge industrial wastewater into Skull Creek, which feeds into the Colorado River and is located on Highway 71. The discharge did not comply with the required permits or by an order issued or a rule adopted by the Texas Commission on Environmental Quality. The crime occurred in Colorado County, TX; however, the venue for prosecution of an alleged violation under the Texas Water Code allowed this case to be prosecuted in Travis County.
On December 8, 2021, a Travis County grand jury returned an indictment against Inland Recycling L.L.C. for the offense of Texas Water Code 7.145—Intentional or Knowing Unauthorized Discharge, a third-degree felony.
As part of the guilty plea, the Judge in the 299th District Court fined the corporate entity $75,000. In an agreement with the Texas Commission on Environmental Quality and Colorado County, 75 percent of the fine ($56,250) will be tendered to Colorado County and the remainder ($18,750) to the Texas Commission on Environmental Quality.
The prosecution of this case was handled by the Travis County District Attorney’s Public Integrity Complex Crimes Unit in conjunction with Colorado County Attorney Jay Johannes.
“Our office is grateful for the hard work and dedication of our staff and partners who worked together to hold the defendant accountable,” said Travis County District Attorney José Garza. “In this case, various levels of government agencies collaborated to protect the environment.”
Background
On February 8, 2019, the Texas Commission on Environmental Quality received two complaints of an oil-like sheen, hydrocarbon odor, and dead fish in Skull Creek near Altair in Colorado County, TX.
TCEQ and Texas Parks and Wildlife Department’s KAST (Kills and Spills Team) responded and observed several dead fish in Skull Creek, which feeds into the Colorado River. The light sheen and gasoline odors were noted, and a chemical recycling facility located upstream of the kill area was a possible source: the Inland Recycling facility, an oil and gas waste recycling facility owned by David Polston.
On February 10, 2019, TCEQ, TPWD, and TRRC (Texas Railroad Commission) went to Inland Recycling for a more comprehensive evaluation of the site operation and noted multiple violations, including treating and discharging wastewater into Skull Creek. These agencies conducted further site investigations, and the Texas Attorney General determined that the site posed a severe health risk. A Travis County District Judge issued a temporary restraining order.
Later, the TCEQ Environmental Crimes Unit and TPWD Criminal Investigation Division verified that the Inland Recycling permit didn’t allow for said wastewater discharges. Samples taken in April 2019 indicated that the pollutant levels grossly exceeded levels established by state law.
The Texas Commission of Environmental Quality, Texas Parks and Wildlife Department, Texas Railroad Commission, and the Lower Colorado River Association investigated the case.
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