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21-119021-1190ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT FOR ADMINISTRATIVE CLAIMS ASSOCLATED WITH PROPOSED LANDFILL EXPANSION PERMIT 1590B; AUTHORiZrNG EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City holds MSW Permit No. 1590A to operate a Type I Municipal Solid Waste landfill located at 1527 S. Mayhill Rd., Denton, Texas; and WHEREAS, the City submitted an application to the Texas Commission on Environmental Quality (TCEQ) requesting a Major Amendment to the Existing Permit that would result in a revised permit designated as MSW Permit No. 1590B; and WHEREAS, individuals filed comments, requests for a contested case hearing, and requests for reconsideration with the TCEQ expressing concerns regarding, and their opposition to, the application; and WHEREAS, the City Council finds that resolution of the concerns by mutual agreement of the parties is in the best interests of the public; NOW THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION 1 : The findings and recitations contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2: The City Council authorizes the Interim City Manager to execute a Settlement Agreement in substantially the same form as attached hereto. SECTION 3: City expenditures provided for in the Settlement Agreement are consistent with previously projected project costs and are hereby authorized. SECTION 4: This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by Mb> \ N\ettze( and seconded by Te'SSC R)c,by :q, ; this Ordinance was passed and approved by the following vote M - a M 1\Jar Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: ./ ,/ ,/ ,/ a -Z PASSED AND APPROVED this the \ StI day of 202 1 mE DmI 'ETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\\11111111 .dLL APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY SEULEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the “ Agreement”) is made as of Tyne., \ C) , 2021 (the “Effective Date”), by and between the City of Denton, Texas (“Denton”), a home-rule municipality in the State of Texas on the one hand, and Jody Gilbert (“Gilbert”), an individual resident of the State of Texas residing at Lot 18, 2601 S. Mayhill Rd” Denton, Texas 76208 and Heidi Berry (“BerTy”), an individual resident of the State of Texas residing at Lot 23, 2601 S. Mlayhill Rd., Denton, Texas 76208 on the other (Gilbert and Berry are referred to herein as “Requestors”; collectively, the Requestors and Denton are referred to as th.e “Parties” or individually, each a “Party”). 1.RECITALS WHEREAS,Denton holds MSW Permit No. 1590A (the “Existing Permit”) to operate a Type I Municipal Solid Waste landfill located at 1527 S. Mayhill Rd.s Denton, Texas (the “Landfill”); Denton submitted an application (the “Application”) to the Texas Commission on Environmental Quality (“TL'E(,)”) requesting a Major Amendment to the Existing Permit that would result in a revised permit (MSW Permit No. 1590B, the “Prooosed Permit”); the Request(>rs filed comments, requests for a contested case hearing and requests fix reconsideration with the Texas Commission on Environmental Quality (“TCE<)”) expressing concerns regardingp and their opposition to> the Application; WHEREAS, WHEREAS, Page 1 WHEREAS, the TCEQ Commissioners granted the Requestors’ hearing requests and designated them as affected persons to participate in the contested case hearing on the Application in State Office of Administrative Hearings (“SOAH”) Docket No. 582-2 1 - 1707. WHEREAS, the Parties agree that it is in their respective interests to resolve their concerns according to the terms expressed herein. NOW THEREFORE, for and in consideration ofthe premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 11. 2.1 OBLIGATIONS OF DENTON Odor Control. 2.1.1 Beginning on the date the Proposed Permit is final and unappealable (the date the Proposed Permit is final and unappealable being the “ Approval Date”) and thereafter, Denton shall use an odor neutralizing agent along the southern boundary of the Landfill. The odor neutralizing agent shall be released in accordance with the manufacturer’s specifications, every calendar day, 24 hours per day, except for reasonable delays for repair, maintenance, or supply issues. Denton currently utilizes the odor neutralizing agent described in Exhibit A. Denton may switch to other odor neu&alizing agents according to its reasonable business discretion, but any replacement shall be an odor neutralizer, not simply an odor masking agent. 2.1.2 Beginning on the Approval Date, Denton shall apply an odor neutralizing agent to the working face of the Landfill throughout the working day9 except on days with Page 2 a measurable amount of rainfall, as measured at the Denton Airport (www.dentonairport.com). The odor neutralizing agent shall be applied in accordance with the manufacturer’s specifications. Denton will initially use the odor neutralizing agent described in Exhibit A. Denton may switch to other odor neutralizing agents according to its reasonable business discretion, but any replacement shall be an odor neutralizer, not simply an odor masking agent. 2.1.3 Beginning on the Approval Date, Denton shall cease using tarps for daily cover at the Landfill, except (i) when temperatures are below 32 degrees Fahrenheit, (ii) more than one inch of rainfall has fallen in the prior 24-hours as measured at the Denton Airport, or (iii) Denton’s supplier is delayed in providing sprayon alternative daily cover. Alternative daily cover shall be applied according to the manufacturer’s specifications. Odor Monitoring and Response. 2.2.1 Beginning on the Approval Date, Denton will perform enhanced odor inspections at the Landfill at least once per operating day pursuant to a revised odor inspection form provided as Exhibit B (“Enhanced Odor Inspections”), These enhanced odor inspections include observations at two locations in the neighborhood to the south of the Landfill; the specific locations are denoted on the enhanced odor inspection form. The revised odor inspection forms will be maintained as part of the site operating record. 2.2.2 As part of each enhanced odor inspection, Denton agrees to collect and record readings of hydrogen sulfide (H2S) as measured by a handheld H2S monitor or equivalent at the two locations described in Exhibit B 2.2 Page 3 2.2.3 Within five (5) business days of completing each enhanced odor inspection form, Denton shall post the completed form on a publicly available website. Denton will provide the website address within three (3) days following the Approval Date. If Denton changes the website at which the completed forms will be made available, Denton will provide the new website to the Requestors, for as long as at least one of the Requestors reside at the address provided herein. Landscaping 2.3.1 Within ninety (90) days following the Approval Date, Denton will provide the Requestors with a landscape plan prepared by or under the supervision of a landscape architect licensed in the State of Texas (the “Landscape Plan” prepared by “Denton’s Expert”). Denton represents that the cost for installation of the irrigation system and Landscape Plan (not including the cost for design) will be no less than fifty thousand dollars ($50,000.00). Denton shall not be required to spend more that seventy thousand dollars ($70,000.00) for installation of the irrigation system and Landscape Plan (not including the cost for design). 2.3.2 The Landscape Plan will provide for additional plantings along the southern border of the Landfill, to increase the screening to the extent practical between the Landfill and the Pecan Creek Manufactured Home Community (defined as the manufactured home lots adjacent to Bloom Boulevard) Canary Court9 and Leafy Road) to the south of the Landfill). The Requestors acknowledge that: 2'3.2.1 between the Landfill and the Pecan Creek Manufactured Home Community, lies a right+)f-waY (“Old Edwards Road”), that must remain passable; 2.3 Page 4 2.3.2.2 a fence exists on the south side of Old Edwards Road, so that plantings may take time to grow tall enough to provide significant screening above the fence; 2.3.2.3 a retaining wall exists on the north side of Old Edwards Road, so that plantings may take time to grow tall enough to provide significant screening above the fence; 2.3.2.4 the available space between Old Edwards Road and Landfill facilities may limit the type and number of plantings that can be installed along the southern border of the Landfill. 2.3.3 Within thirty (30) days following the date that Denton provides the Landscape Plan to the Requestors (unless the deadline is extended by agreement in writing) either signed by both Parties or agreed to by both Parties in a single email ttuead) (the “Landscape Review Period“), the Requestors may have the Landscape Plan reviewed by an expert of their choosing (the “Requestors’ Expert”) and shall provide anY comments from the Requestors’ Expert to Denton in writing. 2.3.3.1 if the Requestors do not provide the Requestors’ Expert’s comments to Denton within the Landscape Review Period, then the Requestors shall be deemed to have approved the Landscape Plan as it was provided by Denton. 2.3.3.2 if the Requestors provide Requestor’s Expert’s comments to Denton within the Landscape Review Period, then Denton’s Expert and the Requestor's Expert will work collaboratively to resolve the Requestors’ Expert’s comments, and, within fifteen (15) days following the date that the Requestors provide the Requestors’ Expert’s comments to Denton (unless Page 5 the deadline is extended by agreement in writing, either signed by both Parties or agreed to by both Parties in a single email thread), Denton shall provide a revised Landscape Plan addressing the Requestor’s Expert’s comments on which Denton’s Expert and the Requestors’ Expert were able to agree, and a written explanation of Denton’s Expert’s position on those comments on which Denton’s Expert and the Requestors’ Expert were unable to agree. Denton’s Expert’s written explanation and any response from the Requestors’ Expert shall be submitted to a third party expert (the “Third Expert”) to resolve those comments on which Denton’s Expert and the Requestors’ Expert were unable to agree, and the Resolving Expert’s decision shall be considered final, provided that the Third Expert’s decision does not cause the cost of installation and irrigation to fall above or below the range set forth in Section 2.3.1. Unless a change is agreed to by all Parties, the Third Expert shall be either: Scott Cassel, PLA Cassel Landscape Architects, LLP 4701 GIenhaven Circle Austin, TX 78745 (5 1 2) 693-7884 info@}cassel landscape.com or Peter Boecher, CRE, AICP EHRA Engineering 1 0011 Meadowglen Ln. Houston, Texas 77042 713-7844500 x 2370 pboecher@ehrainc.com Page 6 Denton shall be responsible for the costs of Denton’s Expert and the Third Expert; Requestors shall be responsible for the costs of the Requestor’s Expert. 2.3.4 Denton will trim the lower branches of the existing trees no less than twice per calendar year. Dust Control 2.4.1 Beginning on the Approval Date, except as described in Section 2.4.2, Denton shall use a spray-on, dust control additive (the “Dust Control Additive”) on all unpaved paths to be used by waste-carrying vehicles to access the working face that day, applied and reapplied as directed by the manufacturer. Denton will initially use the product described in Exhibit C as Dust Control Additive. Denton may switch to other, similar products, according to its reasonable business discretion, but any replacement Dust Control Additive shall be of similar or better effectiveness. 2.4.2 For no more than two hundred linear feet (200’) of unpaved paths (the “Excluded Paths”), in lieu of the Dust Control Additive, Denton may apply water no less than four times per working day. If rain has fallen in the prior 24 hours, and the Excluded Paths are still moisl Denton may apply water less than four times that day, but shall ensure that the Excluded Paths remain moist Litter Control. In order to mitigate wind-blown litter in the Pecan Creek Manufactured Home Community, beginning on the Approval Date, Denton will conduct at least one litter patrol each operating day along the Landfill’s south permit boundary, and on Old Edwards Road 2.4 2.5 Page 7 2.6 Permit Modification 2.6.1 Not later than ninety (90) days after the Approval Date, Denton will submit a request to the TCEQ for a modification to the Proposed Permit (the “Modification Request”) to add the following requirements to the Proposed Permit (the “Requested Changes”): 2.6.1.1 use an odor neutralizing agent along the southern boundary of the Landfill; 2.6.1.2 apply an odor neutralizing agent to the working face of the Landfill throughout the working day, except on days with a measurable amount of rainfall, as measured at the Denton Airport (www.dentonairport.com); 2.6.1.3 cease using tarps for daily cover at the Landfill, except (i) when temperatures are below 32 degrees Fahrenheit, (ii) more than one inch of rainfall has fallen in the prior 24 hours as measured at the Denton Airport, or (iii) Denton’s supplier is delayed in providing sprayon alternative daily cover and apply alternative daily cover according to the manufacturer’s specifications; 2.6.1 .4 perform Enhanced Odor Inspections at the Landfill; and maintain the revised odor inspection forms in the operating record; 2.6.1.5 utilize dust control as described in Section 2.4 of this Agreement; 2.6.1.6 conduct at least one litter patrol each operating day along the Landfill’s south permit boundary, and on Old Edwards Road. 2.6.2 Denton shall pursue approval of the Modification Request in good faith and with due diligence. Page 8 2.6.3 If the Modiflcation Request is not approved by the TCEQ in substantially the same form as required by this Agreement, the Requested Changes shall remain contractual obligations of Denton, enforceable by the Requestors under contract law. Denton shall provide confirmation to the Requestors of the TCEQ’s approval of the Modification Request within thirty (30) days ofDenton receiving notice of TCEQ’s approval of the Modification Request. THE REQUESTORS AGREE AND ACKNOWLEDGE THAT NO OBLIGATIONS THAT ARE INTENDED TO BE PERFORMED AFTER THE APPROVAL DATE ARE REQUIRED IF THE PERMIT IS NOT ISSUED BY THE TCEQ OR DOES NOT BECOME FINAL AND UNAPPEALABLE. 2.6.4 2.6.5 111.OBLIGATIONS OF REQUESTORS Withdrawal from Contested Case. Within five (5) business days following the Effective Date, Requestors shall file with the State Office of Administrative Hearings, a motion to withdraw as Parties to the contested case hearing, and stating that they have no further objection to the approval of the Application, in a form substantially similar in form to Exhibit D (the “Withdrawal Motion”). The Requestors shall provide a copy of their Withdrawal Motion to Denton contemporaneously with their filing of the Withdrawal Motion. Permit Opposition. Each Requestor agrees to not file any additional comments, objections, or hearing requests, with SOAH, the TCEQ, or any legislator, related to 3.1 3.2 Page 9 the Application, otherwise oppose the Application, or assist any other Party, or any third party in opposing the Application. Appeals. Each Requestor agrees to not file a request for reconsideration, motion to overturn, or otherwise appeal the TCEQ’s approval of the Application or granting of the Proposed Permit or otherwise assist any other Party or third party in filing a request for reconsideration, motion to overturn, or otherwise appealing the T(,'EQ’s approval of the Application or granting of the Proposed Permit. Notification of Change of Residence. Each of the Requestors shall noti® Denton in writing within thirty (30) days following the Requestor moving from that Requestor’s current residence, even if the Requestor maintains ownership of the residence, 3.3 3.4 IV.ADDITIONAL PROVISIONS 4.1 This Agreement shall not be binding on any party unless signed by all Parties. 4.2 Notices and reports shall be provided in writing by email2 registered or certified mail, or commercially recognized overnight courier to the following: If to Denton: Director of Solid Waste City of Denton 1527 S. Mayhill Rd. Denton, TX 76208 brian.boerner@cityofdenton.com if to Berry or Gilbert: Joseph Mokodean 200 1 Beach Street, Unit 5 1 0 Fort Worth, Texas 76103 mokodeanj@lanwt.org Page 10 If sent by registered or certified mail, or commercially recognized overnight courier, the date of mailing shall be deemed to be the date of service. If sent by email, the date sent shall be deemed to be the date of service. If the deadline for notice hereunder falls on a weekend or legal holiday, then notice shall be timely if given on the next business day. A Party may, for purposes of receiving notices pursuant to this Agreement, change his, her or its address, email address or the person to whom a notice or other communication is marked to the attention oC by giving notice of such change to the other Parties pursuant to this Section 4.2. If any disputes arise under this Agreement, the Parties agree to mediate in good faith prior to filing suit to enforce or interpret the Agreement or any provision contained herein. The Parties agree to use a mutually agreed-upon mediator for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies code or any successor to that statutory provision. Additionally9 the Parties agree that venue for resolution of such disputes shall solely be filed in the State District Court of Denton County, Texas. All Parties have had the opportunity to have legal counsel examine this Agreement and to propose changes to clarify any ambiguities. Accordingly) in interpreting this Agmment, the language of this A©eement will not be construed for or against either Party on the supposition or finding that one Party was the drafter. This Ageement contains the entire agreement of the Parties. There are no other a©eementst oral or written, between the Parties regarding the Permit or Application. 4.3 4.4 4.5 Page 1 1 4.6 4.7 This Agreement may be amended only by written agreement signed by the Party representatives authorized to bind the Parties. The unenfomeability or invalidity of any clause in this Agreement shall not impact the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. This Agreement resolves the dispute between the Parties regarding Denton’s Application to amend the Existing Permit and obtain the Proposed Permit. This Agreement does not limit the rights of the Parties with regard to any other dispute or agency proceeding. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. This Agreement is intended for the benefit of the Parties hereto, and is not for the benefit of, nor may any provision hereof be enforced by, any other person. No Party may transfer or assign its rights to any other person or entity. 4.8 4.9 4.10 Signature Page Follows Page 12 ( half of The City of Denton, Texas Agreed, Jody Gilbert 'X2fIe \ bJ ZOZ \ Date &' II- a/ Date By: §©h'.aIp$ Agreed as to Form On behalf of Jody Gilbert 6- 1( - 2\ Date Agreed as to Form On behalf of the City of Denton, Texas 6/ y/hl/ Date ?1 antey Agreed, Heidi Beny Date hLa Agreed as to Form On behalf of Heidi Berry L -It -21 Date \1111111& Page 13 EXHODBIT A CURRENT ODOR NEUIRALIZHVG AGENr Page 14 ODOR XMAS L4NOEILL SITES COMPOSTING PLANTS SEWAGE WORKS QUARRIES FOUNDRIES WASTE TRANSFER i)robe AiroPure'" OAr MATERIAL RECYCLiNG FACILITIES FOOD INDUSTRY RENDERiNG PLANTS ADVANTAGES AroPuretv is a brand new tanovattve paiduct {patent pendIng}. which is a @son of a research and develoFRnen! team creating a raclreal change la the odor control industryn &wiwnr7vntalV friendly = ltD% B;cxie9r&JaNe In F{eco9naed as safe in the faxJ jqJustq AiroPur8's brand new sophistIcated selene Interacts with odor motecule$ on a molecutar }€vel to destroy them completely and immedIately. Al©Pwe IS unIque and IS Independently proven tO be high+ effectIve against an ent, e spectrum of malcxlar compounds.al NOn c3fctncB8ntc n Non twattJoys. non tmtarH and safe under CHIP/ COSHFPR€ACH gB Men.xiiic or caL6tic In additIon to ItS unnvalled odor control pnpBnle s. AlroPure IS also provec to kill bacterIa, and wHI eHechWy InhIbIt the growth of water born pathogens such as Legton61}a to provide the ultImate peace of mind lar any Customer usn9 the product thrOugh a n8sUng system aB Test$d by NHS SCbnttSts and independent labcxam8s AJroPufe tS SO effectIve that no fragrance iS need Ul. and therefore IS avail- able completely CdUless. AlroPun IS however &W available With a subtle scent added ul request.APPLICATIONS as Head SPace saa)'ng at a concentratIon as k>w as SC:D:l WIth water Main Uses FOr the eltrniaabon of OdOr. suppn SSIOn of dust. and contrOl of LegofnUa AinPun tachnola9y has been designed to eIIminate affen++ve oclars baud. ing Wc>gen sulphide, ammonia, oqarHc sulphur and nitrogen compoundsIn C>feet spray onto waste matwQ! at a ccxlcentratoa as k>VI as SO 1 In C>feet jr+ectwr rito l}quias at a corcentration of as Ithy as It>tX>1 with water AlrOPure also inhIbIts the growth of gr3fn positive and grarn n8g3iive bacteria SUCh as' Leg avM, E COII. MRes, COIFF, LIster,a and many more Ceft3@tes avaIlaDie upon request. In Control of LeglarIan at a con€entr3tial as law as ISC3• 1 WIth w:Ha Use WIth ProBe AtQmlzers. taggIng nozzles, or alroct InjectIon VIa trIgger bottles or b&ck pack sprayen PO Box 1124 • Ou WhIte Oak Trace ' Beck}ey. VW 25801 Pi aD42 S&0777 t: 304.a3.0718 www.pfvb8amedca.com P'abe A-wee is aH11e tod WIth £Q9X>. Inc a bcwr80e W acne tnaustrte$ UH Page 1S EXEDHBIT B PROPOSED DA]bY ODOR OBSERVATION FORM Page 16 CO GOg) SBB Q+e e q)ph: Bqa eO•nqe C)B q)a+3 La GhI q)a qbuS nbae CO•n q) S) Sa CO 6 C;a LI S, gLaCJ Ba \$q Lgq)hI Be B q Lia LI bq)e Sha C) g dq \$ -aS'A O ga q= ODLq) COaa q)i PUB q)a q)HUB ea•O+b qJq)+ag SO B ;E:ea E SaBBBq)O }b. g Bq)+b CJq)'H egIeae COB a)qQ B go tOg B So'n3BBq) ihl. g q)B Sh+ CJ bs •P\eaTO+bC)q) CO LI 8nB a ':: gI 11 SI 3\_.: ++ka e. < eaeHeq)a N!+a ++ B B S COBq) g COe e Q +J C) g) + aB Be O B q)q) 8. Been 3 e S & EAahI COeLSiq)nBk : QS\ COI!!() 8lge Fgg !Ib--' e O g bg g A::i ?a B B aS B It t: a •n tjeas •• g gg gEA0 :i a a)ea He 3 +;e•n g q:\a Qia ,S a Bi P SO In CO O Bq)qa 8'A8 :a Ba is B q)O•nbb, C) GOq)a q)e+aa q)C)LBa GO J:+b ibq)a+a•nq) X•nb B 10q)B >)HI a nd uj b A u•Hlnl ED A:g gOO aoS EE8 Big bob g B•n [f e g ! g igga0hD i;gg aD }:DaLl EMnBiT C DUST CONTROL ADDmVE Page 19 Letter of Introduction Soltwor Ic is the innovator and manufxturer af GorillaSnot soII stabilizer and dust control qBent. It is the economy grade versbn of Soilworks Solltace soil stabiIIzer. <kxllla-Snat is an eco - s;re, biodegradabl& IIquId copa lymer used to nablllze and soIIdify any son or 499regate as well as erosion control and dust suppression. g>ilwor Id recent advances in simulation. chemIstry, procusirB technIques, and analytICal InstrumentatIon have allowed a whole host of new types of polymer pardcles and polyner nanotechnolaW appIIcatIons to be realized, These advances led to the revolUtIonary development of rnnotechrnbw into GorIllaSrnrs superIor performance. Once applied to the soil or aggrqat& the copolymer molecules coalesce formIng bonds between the soII or aggregate part Ides. The key aNantqge ofGorlllaSnot orlgnates wIth its long. nanoparticle molecular structure that link and cross-link together. As the water disINtes from the soII or aggregate. a durable and water resistant matrIx of flexibb soIId+nass is created . Once cured, GorillaS not becomes completely transparenl leavirB the natural landscape to appear untouched, Gorilla,Soot results are Used on the appIIcation rae und. Modest appIIcatIon rates are L6efUl for dust suppresion and erosIon control by creatIng a three'dImensional cap or surfaa crust . HeavIer rates can generate qualities sImilar to cement. By adjustIng the applicatIon ratQ Gorilla. Snot can remain effectIve From weeks to several years. Most importantly, GorillaSnot is a biodegradable product that is completely environmentalV safe to use. Soilworks produas have been rigorot6ly evaluated and theIr performance verifiai kv the U.S Army Engineering Raearch and Development Center (ERDC) agaInst the Industrfs traditional top performing son stablltzen and duc control agents. AS a rault, the Departrnent of Defer6e continues to recommend and award Soilworks wIth contracts to supply all branches of the Armed Forces gobally, IncludIng operatIons in Iraq and AFghanistan. Its success with the U.S Military and Allied Forces has led to Soilworks GSA contract (# GS-a7FS3&P) and a complete IIstIng of NatIonal Stock Numbers for the U.S. Department of Defense warehousu. GorillaSnoB advanced nanotechnology is modernlzlrw the way we stabilize soIls and qgregates in addItIon to controlling dust and erosIon for a whole new generatbn. Gorilla. Snot applications are extensIve rangIng from sImple backyard trails and constructIon sItes to hewy'lift military cargo runways. Gar db•Slut Letter a bIt aidutton e K Lawen I of 2 Rev Hd: i 2 /S/IOt a Page 20 OILWORKS ===i',i,_.__. HI::HE:, s:d suN,:wan dp cat C€nttd nww.uluaksaaa hfoeuluatsxom S Sollworks is dedlated to economIcally solvIng soII stablllntion challerBes thougrout the world's commuclal, IndustrIal and mIIItary markets. For more InformatIon about Garlll&Srtot, please vIsIt LS onIIne atwww.soilWQrks.com orcall 1 .8(lb54$5420. Respeafully, Klsha Loewen Account ExecutIve 480-289.3224 KLoewen@sollworks.com God&bSrut lettnoftmroducuon- K Loewwr 2 of 2 RwMd: t2/S/20t dl Page 21 soiLwe)RKS t+ 11 11 +1 t :n! citI A _>AI _b' IT RaJ 4 + ti /1) + tI : ' 4:qJ •.i-r ' 4• J r \\\$\\.'J v\atb, I : r ; b 1 \ 3'\tr3q' hl \t'Itf :r: C+alt',c )fr II & i/ +f 9 I' A GORILLA-SN aT & Unique Product Advantages DrIes Transparent / Clear Non-Corrosive & Safe for AN Equipment + P = H down with water) •H, i+C, Dyes & Pigments can be Added for Color VJd tel ResIstiitl (',ViII 1101 break Non.Hazardous Simple & Easy to Apply + & $/ gIn \/a % tI ; Dries Cornpletely Odorless T51bR\iFt ::c= = : : L: :i t: : ): )( :11/: 11 : ro: uC!::\ :I:= = F ) ANon-Flammable & Non-Volatile Non-SIIppery & Safe to Drive & Walk on once cured Dries Flexible /Elastorneric (Not brittle)P H : J k=1 LI J= iF(1lr I I rf : t :: 1 :(L fL: : : : {}= : t : ; } ul q? T:: : : : 1Hi f:[ : i t: : : : • Fv : { i I i : 3 P L i f (J & i • :/raT:::it: :c : r r e c I v/ i [ h Non.Dissipating {%'iN IIar wash a&'ay WIth water once cured) BiodegradatJe (Land/Ocean/Ar) Non-Regulated for Transportation \t -UV- Ultraviolet Ray Resistantt\ yi Non-Tracklllg & Non-Transfer able once cured {+ Self Mi: qeb oiLti Vlater for Oilulir ig }{ '_ (Prior toappjying to the sql) PM +c & PM: 3 Compliant (StopS dust particles of 2.5+ microns in size) Ecologically & EIwirw\mentally Safe gISt :333?Q {xfa3 yD: U’\q= ;niKI Alvin?a tH P=pB5aJ if II/2 3 It; Page 22 r E)aEUBrr D FORM OF WITHDRAWAL MOTION Page 23 SOAH DOCKET NO. 582-21-1707 TCEQ DOCKET NO. 2020-1427-MSW IN RE APPLICATION BY THE CITY OF DENTON, TEXAS MSW PERMIT NO. 1590B g § g g § BEFORE THE STATE OFFICE OF ADMHVISTRATIVE HEARINGS MOTION TO WITHDRAW AS A PARTY TO THE HONORABLE JUDGE: Requestor has reached a settlement agreement with the Applicant in the above styled case, requests to withdraw as a party from this case, and has no further objection to issuance of the permit. WHEREFORE, Requestor be granted. respectfully requests that the Motion to Withdraw as a Party Respectfully Submitted, Page 24