TRAVIS COUNTY, Texas — A waste management company and its president have been indicted by a Travis County grand jury for allegedly discharging wastewater into Skull Creek in 2019.
Inland Recycling and David Polston were indicted for violating the Texas Water Code for discharging the wastewater into the creek, which feeds into the Colorado River and is located off of Highway 71 in Colorado County. The offense is a third-degree felony.
The offense against Polston is punishable by a fine of up to $100,000 and/or confinement that should not exceed five years, according to a release from the Travis County District Attorney's Office. Inland Recycling faces a fine of up to $250,000.
"Our office will hold accountable powerful actors and companies who violate our environmental law," Travis County DA Jose Garza said in a release. "This was a collaborative effort between multiple agencies and I appreciate the partnership."
In addition to the criminal indictment, Polston and Inland Recycling have also been sued by the State of Texas and the Lower Colorado River Authority in connection to the alleged dumping into Skull Creek. The State of Texas is acting on behalf of the Texas Commission of Environmental Quality, Texas Parks and Wildlife Department and Texas Railroad Commission.
According to the release, the alleged crime happened in Colorado County, but the venue for prosecution of the alleged violation under the water code can be prosecuted in Travis County. The prosecution will be handled by the Travis County District Attorney's Public Integrity Complex Crimes Unit in conjunction with Colorado County Attorney Jay Johannes.
Polston is set to appear in court on Feb. 9 in the 390th District Court.
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