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RES 1490 04/08/2014 OF Cl U r O Tex AS "City of Choice" RESOLUTION NO. 1 490 A RESOLUTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, OPPOSING THE PERMIT APPLICATION FILED BY POST OAK CLEAN GREEN, INC. IN CONNECTION WITH A PROPOSED LANDFILL, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Carrizo formation and the adjacent Wilcox formation in Guadalupe and Gonzales Counties (the "Carrizo-Wilcox Aquifer") comprise one of the State of Texas's major aquifers; and WHEREAS, the Carrizo-Wilcox Aquifer is being developed as a major source of water for municipal water supply for the increasing populations along the IH-35 and IH-10 corridors, including many of the Guadalupe County's cities; and WHEREAS, Post Oak Clean Green, Inc. has filed a permit application for a proposed landfill (the"Post Oak Clean Green Landfill"); and WHEREAS, the area being considered as part of the Post Oak Clean Landfill is in the recharge zone for the Carrizo-Wilcox Aquifer; and WHEREAS, various water companies have plans for additional wells for production of groundwater from the Carrizo-Wilcox Aquifer in both Guadalupe and Gonzales County; and WHEREAS, preservation of the groundwater quality and the long-term availability of groundwater as a reliable source of public water supply are issues of immediate concern; and WHEREAS, the proposed Post Oak Clean Green Landfill may pose a threat to both the quality and long-term availability of groundwater upon which many residents rely as their source of drinking water; and WHEREAS, there is a fault line which runs through the proposed site for the Post Oak Clean Green Landfill; and 1 WHEREAS, the proposed Post Oak Clean Green Landfill's proximity to many abandoned oil and gas wells with deteriorating well casings could, with a single accident, storm event, failure of a landfill liner, or instance of human error, have the potential to allow toxic waste from the landfill to contaminate the Carrizo-Wilcox Aquifer; and WHEREAS, contamination of any runoff from the proposed Post Oak Clean Green Landfill would flow directly into Nash Creek, which flows into the Guadalupe River, and could jeopardize public health, safety, and welfare for downstream users by polluting the drinking water supply, making the water unsafe for recreation and domestic animal use, as well as wildlife, causing costly shutdowns of residential and industrial users of the river's water supply; and WHEREAS, the Texas Commission on Environmental Quality has issued an initial determination that the first two parts of the application for the Post Oak Clean Green Landfill are not fatally defective; and WHEREAS, the City of Cibolo, Texas opposes the granting of a permit for the Post Oak Clean Green Landfill; and WHEREAS, it would be beneficial to the City of Cibolo to join the Guadalupe County Regional Mayors' Association and our neighboring cities in opposing the Post Oak Clean Landfill. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS: Section 1. The City of Cibolo hereby finds that it is in their best interest to join the opposition to the Post Oak Clean Green Landfill by this resolution; Section 2. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. APPROVED AND ADOPTED by a vote of 7 for to a5 against this 8th day of April, 2014. APPROVED: Mayor Lisa M. Ja on ATTEST: Peggy Cimics, City Secretary 2