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Colorado County

Injunction ordered in Skull Creek lawsuit

Hope this helps.

Three months after the waters of Skull Creek first turned black, a Travis County state district judge issued a temporary injunction Tuesday against Inland Environmental and Remediation and David Polston, its president, requiring the company to stop accepting waste and halt any further polluting of the creek.

The injunction prevents Polston from storing or processing any waste at the company’s site near Altair, just south of Columbus, in a manner that “causes, suffers, or allows discharge into or adjacent to waters” in the state. The agreement – reached between the Texas attorney general’s office, the Lower Colorado River Authority and Polston’s lawyers – also requires the defendants to “abate and contain all spills and discharges at the site” and start removing and properly disposing of waste.

Inland processes oil and gas drilling waste and turns it manufactured products like road base, according to its website. Its site is adjacent to Skull Creek, which flows for more than 10 miles before emptying into the Colorado River, which ultimately flows into Matagorda Bay, a popular fishing and boating spot on Texas’ Gulf Coast.

Under the injunction, every Monday Polston is required to submit progress reports to the Texas Commission on Environmental Quality, the LCRA and the attorney general’s office detailing the actions Inland has taken to comply with the injunction’s stipulations. They include assessing the extent of the contamination, removing road base material along the creek and creating a detailed inventory and a map of all waste at the site.

“I hope I have not left any doubt in your mind as to how serious I am taking this – the court is taking it,” Judge Dustin Howell told lawyers on Tuesday. “Certainly, having heard the day of evidence that I heard yesterday, it’s obvious that there is something that needs to be addressed here.”

See here for the background. This is just an injunction pending the outcome of the lawsuit, for which the court set a January 2020 date to proceed. Be sure to check out the Colorado County Citizen for ongoing coverage of this issue.

What’s going on in Skull Creek?

Here’s a story from a couple of weeks ago that you may have missed. I know I missed it until it was pointed out to me.

For more than two months, the waters of Skull Creek have flowed black, its surface covered in an iridescent sheen. Yellowed fish skeletons line the pebbled banks of the Colorado River tributary, and a dizzying chemical odor hangs in the air.

The odor is so strong that Julie Schmidt says she can smell it inside her house.

She and her husband bought 10 acres along the creek in December with visions of an idyllic country upbringing for their children, ages 10 and 2. Now, she isn’t sure they should play outside.

“Last summer, you could go into the creek behind the house and it was crystal clear. You could play in it, you could fish,” said Schmidt, who moved from nearby Garwood and has lived in Colorado County her entire life. “Now you don’t want to touch it. You pick up a rock, turn it upside down, and it’s completely black.”

Locals and elected officials in this small southeast Texas community near the intersection of Interstate 10 and Texas 71 say the source of the problem is obvious: an oil and gas waste recycling facility near the creek that is owned by Columbus-based Inland Environmental and Remediation. Although Inland has denied wrongdoing, the Texas attorney general sued the company Friday — 10 weeks after citizens first began complaining — alleging the company illegally discharged industrial waste into the creek and stored that waste without a permit.

On Friday, a state district court in Travis County granted a temporary restraining order against the company and its president, David Polston, saying he must “cease and prevent all discharges of waste” from the site into state waters.

The state’s lawsuit seeks monetary damages of up to $1 million.

The Texas Railroad Commission ordered the facility to stop storing oil and gas waste in 2017 as a result of a bankruptcy court reorganization. (The permit was held by Boundary Ventures, a company at the same location that lists Polston as its president and director.)

Records obtained by The Texas Tribune show that the Texas Commission on Environmental Quality dispatched inspectors to the facility Feb. 10 — the same day that Colorado County Judge Ty Prause says he made a formal complaint — and hand delivered a letter two days later demanding that Polston take immediate action to halt the discharge of waste into the creek. The letter described conditions at the facility as an “imminent threat and substantial endangerment to human health and/or the environment.”

But Prause, the county’s chief executive, said the agency left him and other officials in the dark for weeks about the origins of the pungent substance and what guidance he should give to his constituents to protect themselves.

“It’s hard to imagine that the state agencies in charge of protecting our environment and natural resources in Texas would not act quicker to tell people that live on this creek whether there’s a threat to their health or their livestock,” said Prause, who oversees emergency response for the county.

I encourage you to read the rest. Most of the coverage of this story has come from the Colorado County Citizen, with reporting by my friend and former blogging colleague Vince Leibowitz, who was the one to alert me to all this. Their first story, about the appearance of the black water and dead fish, is here, datelined February 15. The litigation referred to in the Trib story is ongoing, and I hope it will help uncover the truth about what happened, and hold the parties responsible for it to account. As Leibowitz wrote in an editorial, the “alphabet soup” of state agencies that have authority here have not been doing a good job, with the exception for the most part of the Railroad Commission. I don’t know what it’s going to take to figure out and clean up a big toxic waste spill like this, but we sure need to get on it.

Early voting for special election runoffs has begun

EarlyVoting

It began yesterday, but I forgot to queue up a post in time to mention it. Here’s some relevant information for those of you who need to get out and vote in one or more of these runoffs.

For SD26 and HD123, here are the Bexar County early voting locations. The Bexar County Elections page is here as well.

For HD17, here are the early voting locations for Bastrop County, Caldwell County, and Lee County. The Bastrop County Elections page is here, and they already have Election Day voting locations up as well. Both the Caldwell and Lee pages have early voting and election day locations. As for Karnes County and Gonzales County, you’ll need to call the elections administrators for information, as you had to do for the January election.

For HD13, here are the early voting locations for Burleson County, Colorado County, Fayette County, Grimes County, Lavaca County, and Washington County. All of those pages also have Election Day locations, except for Fayette and Washington. I could not find information for Austin County, so call the elections administrator there for the scoop.

Googling around on the candidates’ names, I found basically zero new information since the original election, except for a couple of stories relating to the SD26 runoff. The only endorsements I found, as was the case in January, was from the Express News, which reiterated their choices from the first round.

In the Senate race, we recommend Rep. Trey Martinez Fischer to replace mayoral candidate Leticia Van de Putte.

The district will be in good hands regardless of who wins the showdown between Martinez Fischer and Rep. José Menéndez. Both Democrats who have been in the House since 2001.

But Martinez Fischer’s strong leadership ability unequivocally makes him the right choice for the Senate.

[…]

We strongly encourage voters to cast their ballots for former City Councilman Diego Bernal, who faces Republican Nunzio Previtera.

Bernal represented San Antonio’s City Council District 1 from 2011 until resigning late last year to seek the House seat. During his tenure at City Hall, Bernal showed courage by successfully sponsoring a highly controversial nondiscrimination ordinance that provided new protections for sexual orientation, gender identity and veteran status.

The 38-year-old Bernal also played a lead role in creating an advisory panel to study the future of Alamo Plaza. The city has failed to nurture the downtown asset, and Bernal’s efforts have revived hope for real improvements. This is an issue of statewide importance.

They also had a recent story about how Bexar Dems are dismayed by the negativity in the all-Dem SD26 runoff. Those of us who remember the SD06 special election from two years ago feel their pain. I figure turnout will be less than or equal to the first round, so if you live in any of these districts, your vote counts for a lot. There are no Dems in either HD17 or HD13, but John Cyrier and Carolyn Bilski are backed by the Texas Parent PAC, and Cyrier’s opponent in particular is aligned with the likes of Empower Texans, so even without a home team there’s still a rooting interest. I’ll keep an eye on the voting as we go. The Rivard Report has more.

Regional crime lab

This has been talked about for some time, and not unexpectedly it’s starting to move forward.

After years of scandal at crime labs across the state, local officials have proposed opening a regional lab based at the Harris County Medical Examiner’s Office.

Previous debacles include three Houston exonerations, which occurred because of flawed forensics, questions about conditions at state labs and concerns about mounting backlogs of cases never tested.

To restore public confidence in the Houston Police Department, Harris County District Attorney Pat Lykos and Police Chief Harold Hurtt plan to halt DNA testing at HPD and use the regional lab, which could grow to serve the entire Houston-Galveston Area Council region.

Some small counties see no need for a new facility. They already use outside labs such as those operated by the Department of Public Safety.

“It is more wishful thinking than a reality to think that the 13-county region would want to be involved,” said Judge A.G. Jamison, of Colorado County, who chairs the Houston-Galveston Area Council. “There is zero interest in our county.”

However, larger players, such as HPD and DPS, support the proposal. DPS analyzes DNA at its Houston lab but cannot keep up with requests for testing. Last year, DPS’ local lab received more than 1,700 cases with DNA evidence. It completed work on just 1,040, and the total backlog of cases exceeds 1,200 cases.

“There is plenty of forensic DNA demand,” said Tela Mange, a DPS spokeswoman.

The idea of creating an independent regional crime lab has been discussed since the first signs of problems at the HPD crime lab, where the DNA division was shuttered in 2002 after auditors uncovered widespread problems with the quality of work.

Plans gained new momentum in recent months with the election of Lykos.

Three things:

1. Not to sound cranky, but this idea was a plank in C.O. Bradford’s platform for District Attorney as well. As with many other changes Lykos has been implementing since her election, Bradford was speaking about them before she was even a candidate. I’m glad to see this happening, but these plans would be going forward regardless.

2. While I agree with this concept, there are many questions that need to be settled. What jurisdiction would this lab have? Would it operate independently, or would it be aligned with the prosecution, as it the default now? What governance would it have? Maybe we’re too early in the process to have the answers to these questions, but those answers will determine whether this is indeed better than what we have now or not.

3. And of course, there’s the matter of funding. Will the creation and/or funding of this lab require legislative intervention? If so, it may already be too late for this session, though perhaps a budget appropriation is still doable. I realize nothing could really have been done until a new DA was in place, but that does make it hard to get something going in a timely fashion.

I’m not asking these questions because I’m skeptical of this idea. I like this idea, and I want to see it done right. I just want to know more about what they have on the drawing board.