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HomeMy WebLinkAboutM2017-006 - 01/17/2017 (c. t'f� Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 6 cctexas.com January 17, 2017 Motion: M2017-006 ate; r: File Number: 17-0100 Enactment Number: M2017-006 Motion to authorize the execution of the attached Agreement with Petro Waste Environmental LP to provide for the City's withdrawal of its protest in the Petro Waste Application currently pending consideration by the Texas Railroad Commission in Oil & Gas Docket No. 01-0300585, with changes thereto in a form to be approved by the City Attorney. At a meeting of the City Council on 1/17/2017, this Motion was passed. i Aye: 8 Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith, and Council Member Vaughn I Absent: 1 Mayor McQueen Abstained: 0 bilf2PiD '\ict22, Dan McQueen, Mayor Attest: (-) -2(Z,e/GC.", 1 (t. LE A� Rebecca Huerta, City Secretary Corpus Christi Printed on 1/20/17 INDEXED In Aid of Settlement Protected by Tex.Rule of Evid. 408 AGREEMENT The Parties to this Agreement are Petro Waste Environmental LP ("PWE") and the City of Corpus Christi ("the City"). PWE and the City are also referred to herein collectively as "the Parties." Recitals of the Parties WHEREAS,PWE has filed an application with the Railroad Commission of Texas("RRC") seeking approval of permit to maintain and operate a commercial stationary treatment facility in McMullen County, Texas ("the Application"). The Application is pending consideration by the RRC in Oil & Gas Docket No. 01-0300585. The Facility proposed in the Application will be referred to herein as"the Facility." WHEREAS,the City has protested approval of the Application; WHEREAS, the RRC staff, after review of the Application, has issued a draft permit for the Facility("the Draft Permit"); WHEREAS, the Parties desire to resolve their dispute regarding the Application and Facility; and WHEREAS, the Parties agree there is sufficient consideration given to each under this Agreement to support their respective promises and obligations in this Agreement; WHEREAS, PWE understands that the City is a political subdivision of the State of Texas and that this Agreement cannot become effective until it is approved by the City Council. NOW THEREFORE the Parties AGREE as follows: 1. The City will withdraw its protest of the Application in return for the following: Stormwater 2. (4) PWE agrees to request a permit condition that requires the Facility to be constructed so that contact water and non-contact storm water generated from a 100-year/24-hour storm will be contained on-site while maintaining at least 2 feet of freeboard in the contact water and non-contact storm water containment facilities. PWE will maintain freeboard in the active Disposal Cell, the Collecting Pit and the Receiving Pits (through design and operation) so there is sufficient freeboard to contain all contact water generated during a 500-year/24-hour event within each Cell/Pit. PWE will also place riprap or similar erosion-preventing material on all affected berms along Salt Branch to the projected water surface level in Salt Branch resulting from a 500- year/24-hour event.PWE further agrees to request removal of the words "above grade" from the Draft Permit where it states that once a disposal cell "begins to receive waste above grade,the cell ... shall be maintained to contain all contact stormwater that may be generated during a 25-yr, 24-hour storm event." 3. (8) PWE agrees it will run two additional models of the 100-Year Flood Plain study completed by Dan Metcalf. The two additional models will use a Manning's coefficient of 0.025 from the northern boundary of the Facility to the Sendero Pipeline crossing and a coefficient of 0.1 from the crossing to the southern boundary of the Facility. One model will be run with the existing stock pond between the crossing and the southern boundary of the Facility left in place; the other will be run removing the stock pond. A copy of the two additional model runs will be provided to the City when completed. The purpose of these additional model runs will be to determine if additional riprap or other action is necessary to control erosion. 4. (11) PWE will provide the City with a simplified breach analysis for the upstream offsite pond dam north of the Facility using USGS contours and a reasonable assumed ground level elevation behind the dam. 5. (17) PWE agrees to request that the RRC remove from any permit for the Facility the requirement to remove the stock pond located between the Sendero Pipeline crossing and the southern boundary of the Facility. 6. (18) PWE agrees to request that the RRC remove from any permit for the Facility the requirement to mechanically define Salt Branch. 7. (19) PWE agrees to provide the City with any additional USACE permits issued for activities in Salt Branch on the Facility. 8. (23) PWE agrees to control erosion on, and sedimentation from, the soil stockpile at the Facility by use of silt fences, berms, settlement ponds and/or other appropriate means. Pre-Construction 9. (3) PWE agrees to provide to the City, for City review and comment, a Slope Stability Evaluation of the waste to be placed in and materials used to construct the disposal cells no later than three (3) months prior to beginning construction of the first disposal cell. The Slope Stability Evaluation will determine the minimum factors of safety against . mass movement in the disposal cells and will include seismic loading based on historic seismic activity in the area. Minimum slope stability factors of safety against mass movement will be 1.5 under representative or typical conditions and 1.0 under residual strength conditions. The Slope Stability Evaluation will be performed using an industry- accepted methodology and will incorporate geotechnical data from samples of the soils proposed to be used as part of disposal cell construction and conservative strength assumptions for wastes to be placed in the disposal cells. The Slope Stability Study will be sealed by a Professional Engineer licensed in the State of Texas. City agrees to provide comments to the Slope Stability Study within one (1) month of receipt of the 2 Slope Stability Study. PWE agrees to consider and not unreasonably reject City comments to the Slope Stability Study. 10. (5) PWE agrees to provide to the City, for City review and comment, an Interim Cover Plan (ICP) for each disposal cell no later than three (3) months prior to beginning construction of the designated disposal cell. The ICP will present details concerning the use of interim cover and containment and diversion berms in the active disposal cell to minimize the size of the active working area and generation of contact water and will describe the proposed methods to collect and temporarily store contact water within the disposal cell when the volume of waste in the disposal cell no longer allows for storage of contact water below the top of the cell's perimeter berm. City agrees to provide comments to the ICP within one (1) month of receipt of the ICP. PWE agrees to consider and not unreasonably reject City comments to the ICP. 11. (27) PWE agrees that the ALR calculations currently listed in the Draft Permit will be revised to utilize waste unit surface areas as measured using AutoCAD Civil 3D or similar software. PWE agrees to develop ALR calculations for the receiving pits, which will be provided with leak detection systems as described above. PWE will request that the revised ALRs be incorporated into the Facility permit. Construction 12. (6) PWE agrees to use wheel/vibratory"shakers"or other industry-accepted methods to minimize tracking waste outside of disposal cells, receiving pits and the collecting pit. 13. (10) PWE agrees to install a slide gate at the outlet of the discharge culvert or to eliminate the outlet culvert for each storm water pond at the Facility. 14. (20) PWE agrees to place 24" of protective cover and a leak detection system in each receiving pit at the Facility. 15. (25) PWE agrees that ditches and related features that convey contact water adjacent to the receiving pits and collecting pit will be lined with cement stabilized fill, concrete, or similar low permeability material. Operations 16. (9) PWE agrees that the documents attached to this Agreement as Exhibit A-1 reflect the qualifications that will be required for staff at the Facility. 17. (28) PWE and the City agree that the maximum waste capacity for any disposal cell includes waste and any access road, berms or other dirt or material left in the pit at the time of closure. Closure 3 18. (1) PWE agrees to provide to the City, for City review and comment, a Final Cover System Plan (FCSP) for each disposal cell no later than three (3) months prior to beginning construction of the final cover system for the designated disposal cell. Each FCSP will consist of engineering drawings (including site plans showing topographic contours and related final cover system details), technical specifications and supporting calculations for the proposed final cover system (including an evaluation of anticipated erosion of the proposed cover surface using an industry-accepted methodology such as the current version of the NRCS's Revised Universal Soil Loss Equation). The FCSP will be sealed by a Professional Engineer licensed in the State of Texas. City agrees to provide comments to the FCSP within one (1) month of receipt of the FCSP. PWE agrees to consider and not unreasonably reject City comments to the FCSP. 19. (2) PWE agrees to provide to the City, for City review and comment, a Slope Stability Evaluation of the final cover system for each disposal cell no later than three (3)months prior to beginning construction of the final cover system for the designated disposal cell. The Slope Stability Evaluation will be performed using an industry-accepted methodology and will incorporate geotechnical data from samples of the soils and geosynthetics proposed to be used as part of the final cover system. The Slope Stability Study will be sealed by a Professional Engineer licensed in the State of Texas. City agrees to provide comments to the Slope Stability Study within one(1) month of receipt of the Slope Stability Study. PWE agrees to consider and not unreasonably reject City comments to the Slope Stability Study. 20. (7) At final closure PWE agrees each access ramp/road on each Waste Management Unit("WMU") above grade 4:1 side slopes will allow: a) Waste hauling vehicles access to the active disposal area during a disposal cell's active life; b) Construction vehicles to access the top of the disposal cell to construct the final cover system;and c) Maintenance vehicles to access the top slopes of the closed disposal cells. d) PWE further agrees it will provide to the City a drawing showing the location • of the access ramp/road in each disposal cell no later than three (3) months prior to beginning construction of the first disposal cell. The City agrees to provide comments to the drawing within one (1) month of receipt of the drawing. PWE agrees to consider and not unreasonably reject City comments to the drawing. 21. (21) PWE agrees to increase the contingency provision in the closure and post- closure financial security filed with the RRC for the Facility from 10%to 20%. 22. (22) PWE agrees to provide the City with notice of each 5-year permit renewal application, which application will update closure and post-closure financial security to be filed with the RRC for continued operation of the Facility. 4 Miscellaneous 23. (12) Prior to operations at the Facility, PWE will discuss with the City the City's suggested additional waste analyses and will consider including additional analyses as a result of those discussions. 24. (13) PWE will provide the City with construction documents for PWE's Howard County facility and agrees similar documents, including liner CQCP (Construction Quality Control Plan) for the Facility, will be prepared and used for construction of the Facility. PWE will consider using a "water puddle method" leak detection test on geomembrane liners in accordance with ASTM D7002. 25. (14) No additional crossings of Salt Branch are proposed other than the proposed crossing at the southern end of the Facility shown in the Application on Engineering Drawing Sheet C-1, Site Plan. 26. (15) PWE agrees to install one or two additional monitoring wells at locations on the Facility to be identified by the City. 27. (16) At the time they are filed with the RRC, PWE agrees to provide the City with a copy of its quarterly monitoring reports for the Facility. PWE agrees, if any constituents of concern, as defined in the RRC permit, are detected in any monitoring well, that the City will be provided with a copy of the documents identifying detection and with copies of all documents filed with the RRC reflecting a proposed response action plan or any other response to the detection. 28. (24) PWE agrees to provide the City with access for supervised inspection of the Facility from time-to-time and with proper notice. Prior to receiving any oil and gas waste at the Facility, PWE will pay the City $50,000 to be used in the City's discretion for confirming compliance with the requirements of this Agreement. PWE will also reimburse the City up to $2,500 annually for expenses incurred in connection with ensuring such compliance.If the City believes its inspections reveal lack of compliance with applicable permit conditions, the City will first advise PWE of its concerns so PWE will have the opportunity to take corrective action. 29. (26) The concrete-lined truck wash at the Facility will use contact water and/or freshwater to wash the interior (waste-hauling container) and exterior of waste- hauling trucks. All wash water will be contained at the truck wash or in the collecting pit until it is transported to a permitted commercial disposal well for injection. Separation of oil from the wash water will be accomplished by gravity only. LEGAL DESCRIPTION OF LOCATION OF THE PROPERTY SUBJECT TO THE APPLICATION: Exhibit A Specific Performance. The parties agree that if PWE fails to comply with Section 2 through 29 herein,then the City may appropriately seek an order from a court of appropriate jurisdiction 5 requiring PWE to specifically perform these provisions. Binding Effect. A copy of this Agreement shall be filed by PWE in the McMullen County Property Records. This Agreement shall be binding upon the parties and their respective heirs, legal representatives,successors,and assigns. Venue. The parties agree that venue for enforcement of this Agreement shall be the courts of jurisdiction in Nueces County,Texas. Effective Date. This Agreement takes effect upon date of City Manager signature and continues until such time that the Facility has been closed in compliance with this Agreement and applicable laws and regulations. Executed in duplicate,each of which constitutes an original. Agreed to by: Petro Waste Environmental LP By: Printed Name: George Wommack Title:Chief Executive Officer Date: ravtJa / ,2Ol7 6 • City of Corpus Christi,Texas By: C' Margie C.Rose City Manager Date: . 1 `7 7 2017 *proved as to toren: --� Lipa Assistant City rnoy For City P.ttamey 7 0 • to Agreement between Petro Waste Environmental LP '�'B�■A. and the City of Corpus Christi • PAGE 0114Railroad Commission of Texas Oil&Gas Docket No.01-0300585 • • ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL, GA8 AND MINERAL LEASE DATED JUNE 2008,BY AND BETWEEN LESTER DARF�1 CANION ANDADDM1ER4iSEARCH,LL LEGAL DESCRIPTION • FIRST TRACE: Cor taini g. 2109.0 acres of land at of Chas, 8. Embanks Surveys Nos.9 and 10 and described by metes and bounds as follows BEGINNING at odgind 8.W. corner of Survey No.10 and 8.E.corner of Survey No. 11,In the rams of R. Ramon,on North bank of Rio Frio,_?07 verse, &49.112 deg.W.from Mouth of Leaadto Creek, • THENCE with West One of Sunray.No. 10 In the name of Chas. S. Burbank North 8201 vanes,to the Nort ast corner of the Rosadc Ramon Survey No.11,and S.E Sun • comer No.88,8.8.&F; THENCE East 2346 yams to a stake in western dhr>oton ilne of S. T. Martin portion of C.S.Burbank Survey No.B; THENCE South verb Edit ane.1510 verse to a stake,a present fence Ione of S.T.Martin; • • THENCE with said fence I nee,South 89 West 646 yarns to corner of fence; THENCE with said fens One.S.1 deg.E 3882 yarns to Rio Frie; • THENCE up Rio Frio with is meanders to place of beginning, • being same lad conveyed by Frances Smith to Henry Nadirs by Deed dated September V page20 �0,and of recrord in Deed Records of McMuNen County,Texas, • SECOND TRACT Be ng 1600 acres of hard in McMullen and ling part of Surrey No.88,B.8.&F.end part of Survey Chas..Texas, Burbank,and part of Western portion of Survey No.A,Chas.Burbank,and part of&mays No.88 and 55,B.S.&F.and being Imam es pert of the Jas.B. Taylor pastae and being the same land conveyed to Hew Martin by R. 8. Frarddin and R.O.Cougar, by deed of data Noy.1,1901, gird xdddi deed,!' recorded in the Deed Records a 508,and Is described d m McMullen Co •Texas,In Vol.Kt page 507 by metes and bounds as follows: BEGINNING at the N.W.corner cube Rosario Ramon Survey No 1i; 11, • T a ad H disdue East along Its North tance e as t to s I n and across the Burbank Survey 10 and point In wast hied&T.Martin land; THENCE North along said west tine,cmssing Soft Branch 2125 venae a rock maid and alike for comer; THENCE West across Sections No.88 t3.8.&.F Election 65,B.8.&F. 3340 yarns to a rod(and mound forty.W.corner of this suney, Rosture THB4CE S.39 deg.W 1380 yarns to Wm,S C.w Keyksndaq Northeast vP 462144395 Lima • PA0.E20F4 • make South along varus igaid Wm.and W.Ktryq W�ua fence 1409 , • THIRD TRACT: Bebrp.8821 aces of land cid of the Northern part of a • 1276 landconveyed Sutvy In the name of Prosper Metgel,Cert Nd,991,and being thesame 1897 and of record In Vol pa��,�M al Y 16, BEGINNING at the original N.E corner of said Prager Mengel Survey stake from which oensequite'weaves Mkt X bears N.87 Mkt 1,beam S 6 deg.'16'W. 12 ws;anoter deg .vent.; . THENCE Nails 12 vane too the center of the Rb Fdo; THENCE up the meanders of said River.s.87 deg.'W 81 via S.T deg. E.90 yrs;S.34 deg.W.40 we;N.86 deg.W.44 ws;S.04/2 dig. W 80 erg S. 61 deg.W.80,vrn N.win deg.W.40 ws;N 10 deg.W.86 we;N 60 deg.W. 46 vn;S.9 deg.W.60vis;8.88 deg.W.00 we.s 68 deg.W.60 W 20 we; N.1 deg.W.40 err N.44 deg.E:36yrk N.15 deg.W.24 via 8.itteleg.W.B5 Fat;N.66 deg.W.196 wg 8.7Bdeg.W.45ws;8.7 deg,W.89 v S.83 deg. W.40 vas;N 79 deg W.150 vrs;S.62 deg.W.85 ens;S.88 deg.W.50 yrs;S. 28-1!2 deg.E.35 vas;KIM deg E 85 we;8.1 deg.WAX -8.13.1/2dei; 74-1/2 we'S.83.112 deg.E.8O yrs;S.T deg.E 85vm S.67 dig.W 470 era; 112 deg.W 6vas;8. S.14 .W 110 yrs;E 80 deg.W.160 vr�S.54- 0 W.so vas•SAO W.80 vas;N.79.1/2 deg..W.00I n':s:35.1/2 deg. �9.W 90 vra.'to rewired stump in fencer THENCE wilt said fence.South 470 versa m the N.W.comerof a 200�rce tract set aside b M. F. Lowe and wire by the Dlablct Court of McIdsgel Texas; THENCE East 980 versa to the N.E Conger of said M.F.Lowe tad; I• THENCE South 1270 varss to a slake in Oakvige&Tilden Road; THENCE wIth said[sic]S.88-1n deg.E.307 vara � deg.E 187 vas,to stelae for corner, nNorther,l0 vas o Id In THENCE Naar 2685 venae to the place of begb ring. said above described three bads or parody of land seine land dseaibed In a Deed dated October 91%1900,,et ecded theMirere, Mattie Martin to J.P.Skinner;T.R.Skinner end AnnualLester.and or Picard in Volume M,pages 62 to 55 of McMtien Cot*peed Recants. FOURTH TRACT: Al that certain 200 acne tract or parcel of kind lying and bake ablated In MctUan County,Texas,meddle_ No. 28. Certitude No.�,Abihacf Na auk being s by metes and bounds as follows LoBEGINNING ata rod*marked JL on Mg Southwest of the old house in V conferTHENCf Northeast of an old house a t 11774/2 rams a stake for North 41-112 deg.W.27-112 yr; a mesqulb 16 6t,to db.IIBod 3C. 0 acres,from which has, • THE►ICE EastaE a Vain.crossing the mouth of Car take.et 9O Varus a statue for Northeast corners said 200 ace trail; • �� 46396 • • '.• . • PACE 3OF• 4 THENCE South 1177-12 vans to a stake for aeutheast comer of said 200 • arae; THENCE West 980 vales to the beginning,containing 200 aces; being the tams bund purthased by Mrs.Q re Martin from M.F.and M.C. by deed dated July 28, 1889 and recorded.In Vol. 1, Paps 29 odf the� Records of McMullan County,and conveyed by Henry Martin and IA�lfe.Mattie Martin to J.F.Minter,T.R.Sld ner and Samuel Lam,by Deed dated°lobe, 20,190B,and of record in Vol.M.pages 142 and 143,of said Deed Records. FIFTH TRACT: 4.175 acres'of land,more or less,'out of the Charles 8. Burbank'Survey No.more parOculady 10, Abstridt BMcMullen� eand being andbrft 173 at Station 568 8 a in the East boundary line of Shote Highway Number THENCE South 36 deg.55'East 627 fed to a stake; THENCE South 20 deg.16'West 634 feet to a pts THENCE 9.18 deg,47 West 188 feat to a point; • THENCE Sail 34 deg.17'West 148 feet b a point in the Ea this of State Highway Number 173; boundary• THENCEHIginvey r , 2East f East rm line ofStaleN 17312.3 feet to the place be and being the same tract or*parcel of lend which was conveyed by Mon Wheeler b J.B.Lester,et al by deed dated March 24,1050,recorded in VoL 45, page 387,of the County Deed Records. THERE IS ate.HO EVER,out at the above described lends.the following descdbed tracts or pastels of land,buil (a)4.65 acres out of B.8.d,F.Survey No.88,0.44 epee out of B.8,&t. Survey No.6,,and 39.99 acme out of Chas.S.Bwbrr s Sam►No. 10, which conveyed by Sam Lester, et at to County Judge *Mullen in VolCounty, Tams, by Deed dated Apo 1, of, rec �, page 19.McMullen County Deed Records; (b)42T acres,and being a part of a tract of 2109 acme conveyed by Henry Martin and wife to Ban Lester and others,by deed dated the 8" day of°caber 1908,recorded in Vol.M.,pages 52 et seq.of the Deed Records of Mo Mullen County, Texas, a pad of a Survey granted b Chas 8.Burbank.Survey No.10,by Patent Pla 353,originally Abstract No.81, McMullen County,Testae,and being the same that or parcel of land was conveyed by Sam_Leder et at Su State'of �r dated Deed My 16, 1937,recorded h Vat 22, • • (c)6.42 acres,being pmt da survey ortginally granted to bor p�d�,VoL 4,Abstract No 310„end being Prosper Texas by Highway De dated,March 1was comayed Ix/ 1938, d b VLeder, et el b�� page 604,McMullen County Dead Recap (d)8.061 a re%being out of tis Charles 8.8wbank§Survey 10,Abstract •. 81.and being the same tract orparcel dlend stitch was conveyed by ►� 462114397 + • .• . .•Gtlj.'i� •;.w • PAG840F4 • (e)d 8. Lester,et al to Calton Wheebr by dead did Mardi 26, 1980, recorded kr Vol.45,Page 388,McMullen County Deed Records; (t) 8.94 scree,with 8.37 In the Charles S.Burbank Survey and with 0.57 acres b the Rosario Ramon No.10,b 61, situated across the Frb RMer 60m 7pden, MgypRe i'aCouni'burp . . situated and being the same land oo_ntayedb Jerry L- ,y and wire,•Tia V. ay,by deed diff Septi] 5,1t=Wed In VoL 101, page 698,Deed Remade of McMullen County,Texas; • and being those same lands mom particularly desaibsd In that certain Deed dated January 8,1989 from Fannie Mae Lester, at al to Lester Ranch,Ina and recorded b Volume 103, Pape 295 of the Deed Records of McMullen County,Taxa, LESS AND EXCEPT THE 2.3 ACRES DESCRIBED ON THE FOLLOWING PAGE. • • • • $a roc tt>scaaveCT -9 ns A ,/'' :aro., /..I �, I .1: DEPUTY scowl CO. TZ 3i w•��:s.'•i34 `.:.t a.✓fir,.; _..'."f• d• , :.��, • VI. 46211439B So Eo>ts,►z'�Ics P.O.Ow 144.a�.mr r .'Lan4 do .fb• (sal)148-o3117 Maw L Utile.1.PJ.L!sacs OSSIMialkiirAnjahmolbAki TheStele ofTexas Lester—Powers Rauh County atMeMalka I 2.500 Aces IDaatpilea of 2.500 acres,more or kn.beteg as of a gikd 2109 oaros conveyed to Laster—Powers Ranch.Inc. by Deed dated January 681.1969,recorded In Volume 103.Paps 295 et seq.of the Deed Records of McMaRat Canny.Teas,and being within the Checks S.Burbamin Survey No. 10,Abstract No.61.McMullen County. Texas,sail 2.500 acres hurting a hewing basis derived from GPS observations in the Taco Sae Plans Coordi e's. System„MAD 1903 South Cereal Zone,made on July 0,2013.with all other bearings relative thereto; ComCo ely:de ata broken Type Highway Monument food for an exterior angle comer of State Highway remain ine portion ofsaid 2109 saes; Thence the following four(4)calls to the Pont ofBeginninr • South 04°46'35"West,Muth 04'30'West),with the east right-of-nay of Same Highway No.16,with the west boundary of the remelaing portion amid 2109 acres,a distance of231.113'.(231.41 to a point at the base of a disturbed Type I Concrete Highway Monument found broken mad laming ata fire for an interior angle earner of Sate Highway No.16.being an exterior angle caner of the remaining pardon of said 2109 sort • South 05°17'53"East,(South OP 24'Eist),with the east right4f-way of Sane Highway No.16.with the west boundary ethos remaining porton of said 2109 acres,a distance of 65.34'toe Si"boa pin with plastic cap stamped"Little 6163"set on the east right-of-way°fade Highway No.16,being on the west boundary of the remaking portion of said 2109 acres,being the northwest comer of a 60.00'wide ssement also surveyed this day; • North SP 42'07"East,creasing and passing through mid 2109 acres,with the mash rightof--way of said easement,a distance of60.00'to a 14"bon pre with plastic cap stamped"Lick 6163"set for the northeast corner ofsaid easement • South OP 17'Sr East.WOO'from and parallel to the east right-of-way of State Highway No.16,and with the east right-of-way ofsaid easement,a&tan=of 553.31'to e 14"bon pin with plastic cap stamped "Lltte 6163"set for the northwest corner and POINT BEGINNING of this 2.500 ane tract: Thence crossing and passing through said 2109 acres the fallowing fotr(4)calls: • North 83°01'16"East,a distance of 4113.29'to a Si"iron pin with plastic cap stamped"Little 6163"set Ikea ronlheascomer ofthis tram • South OP 17'53"East,a&h ou a of 224.50'to a 14"iron pin with plastic cap stamped"Link 6163"set for the northeast comer eta 7.042 acre tract also surveyed this day.for the southeast corner of this track • South 53•GI'16P West.at 155.31'pas a 14"bac pin with plastic cap stamped"Little 6163"set for the upper northwest comer of said 7.042 Nem,being the northeast comer of a 2.000 one tract also surveyed this day.and corms along nae amuse Orr a total chance of40529'to a SP'hon pin with'dude cep stamped"little 6163"set en the east rightoNway of said easement,being the northwest corner of said 2.000 acres,thethe mtelnmstcorner ofthbnact • North 09°17'53"Wet,WOO'Goat sad parallel to the east right-of-way of State Highway No.16,and wit the east right-of-my of said easement.a distame of 224.50'to the petit of Begiaalg. 1.Stacy L Lite,Registered Profmio d Land Sxnayor,do hereby unify that this deseriptka was prepared from en actual survey made on the gourd,undo my supervision. This the 31"day of July.2013.This description is to be attached and madea pert°fdhe accompanying pet. Preliminary This Document Shill Not Be Recorded For Any Purpose Stacy 1..Lille.ILP.LS. Teas Registration No.6163 /*No 20130041 Page tor 1 EXHIBIT A_ to Agreement between Petro Waste Environmental LP and the City of Corpus Christi Railroad Commission of Texas Oil&Gas Docket No.01-0300585 PetroWaste ENVIRONMENTAL Position Title: Operator Department:Operations Reports To:Facility Manager Exemption Status: Non-Exempt Position Purpose: The Operator is responsible for the fulfillment of day-to-day duties associated with disposing of RRC-approved oil& gas associated waste entering the landfill site,while collecting and reviewing appropriate paperwork. This position requires a self-motivated individual,capable of processing complex nonhazardous solid waste while adhering to the highest safety standards Essential job Functions:The Operator must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Monitors waste for signs of unacceptable waste. • inspects equipment at start of shift and each start up during shift. Records daily inspection forms. • Continuously monitors equipment to ensure proper operation and minimum down time.Performs basic troubleshooting. • Trains or assists in training new employees. • Follows safety and security procedures;proactively report potentially unsafe conditions. • Completes Equipment Condition Report and reports any necessary repairs to supervisor. • Ensures that equipment is cleaned,serviced and stored at the end of each shift • • Obtains information regarding material entering landfill to properly bill the customer and track the total amount and type of waste entering the landfill. • Accepts or rejects load based on content and suggests possible alternatives based on personal disposal knowledge,special waste training and type of waste. • Utilizes scale equipment and POS system to record gross/tare weights and transaction details of incoming waste. • Provides a receipt to the customer and documents the waste entering the landfill. • Handles special waste loads by processing required paperwork,and by notifying operations of an incoming special load via a 2-way radio for proper dispatch. • Balances the daily receipts to ensure accurate record keeping and appropriate billing. • Answers the telephone and provide general information to callers. • Accomplishes multiple tasks within established timeframes. • Identifies and reports problems;gathers needed information to suggest solutions. • Reports customer and/or supplier problems to management and responds promptly to customer needs. • Other job-related duties that may reasonably be assigned. 153 Treeline Park,Since 100 • San Antonio,Texas 78209 P: (210)782-9534 F: (210)200-5257 PetrnWasteLP.com z PetroWaste ENVIRONMENTAL Education/Experience: The minimum educational background of an applicant to this position is a high school diploma or G.E.D.;one year related experience in equipment operation and/or valid certificate(s)of training,as required,for use of equipment; previous experience working at sites regulated by OSHA. Ideal candidates will have oil and gas industry experience;landfill experience;working knowledge of computers,computer software and computer systems. In addition,a qualified applicant will have: • Ability to read,write and speak English concisely. • Ability to build good working relationships and work as part of a team. • Ability to work different shifts on a 24/7 operation;including,weekends and holidays on a routine basis. Knowledge and Competencies: • Machinesf TQpls/Equipment-Safely and productively operates machines and/or equipment including,but not limited to,forklift,scraper,motor grader,sweeper,baler,excavator,compactor,bulldozer and/or front end loader;personal protective equipment including,but not limited to,dust mask,ear plugs,gloves,hard hat,safety glasses,work boots,and safety vest;tools including,but not limited to,broom,shovel,tire gauge, water hoses,screwdriver,wrenches and other hand tools. • Communication--Effectively conveys information to customer and coworkers;listens to and understands others;gets clarification when necessary;responds informatively to questions;interacts with all levels of organization;presents data effectively;reads and interprets written information. • Customer Service--Within reason,does what it takes to meet expectations of internal and external customers;acts in a professional,courteous and cooperative manner towards customers and coworkers. • Dependable--Is someone supervisors and coworkers can count on;follows through and does what he/she says he/she will do;shows up for work on time and adheres to the established work schedule. • Oil and Gas Industry Knowledge--Knowledge of waste that may or may not be accepted by the landfill. • Endurance-Sticks with task until it is completed in the most productive and safe manner;works through challenges that come up. • Ethics-Adheres to the policies and rules set forth by Petro Waste Environmental;does not allow himself/herself or customers to bend the rules or cut corners;is trustworthy and honest. • Multitasking-Shifts back and forth as needed between two or more activities or customer requests;can do more than one thing during the same time period. • Record Keeping-Conducts and keeps records regarding financial transactions with customers;records information using assigned forms and computer systems. • Safety Orientation-Follows and promotes Petro Waste's safety rules and procedures;recognizes hazards and anticipates danger;does not take inappropriate risks. • Pride-Feels a sense of self-satisfaction in a"job well done";makes sure that every little aspect of the overall task is done correctly;strives to achieve all goals. • Office Equipment-Knowledge of office equipment including but not limited to,computer,phone,fax machine,copier,Microsoft Office including Word and Excel and calculator. 153 Treeline Park,Suite 100 + San Antonio,Texas 78209 P: (2101782.9534 f• 12101200-6257 PstraWasteLP.com 4 PetraWaste ENVIRONMENTAL Work Environment: The Operator will be expected to perform physical activity,such as,climbing into and out of vehicle/equipment, walking and standing on hard surfaces for an extended period of time,climb stairs and ladders,open and close valves,and be able to lift/carry/push/pull up to 50 lbs. Will be regularly exposed to loud machinery,tools,trucks, dust,fumes,odors,solvents,chemicals and have some exposure to hazards and extreme weather conditions. Position may also be required to stand for long periods of time while performing their duties. The above description is meant to provide an overview/summary of the nature and level of work being performed; it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the job.Petro Waste Environmental reserves the right to modify the content formally or informally,follow any otherjob-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at- will nature and,as such,the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. 153 Treeline Pork Suite 100 • San Antonio,Texas 78209 P: (210)782-9534 F: (210J 20:1-6257 PetraWasteLP.com S PetroWate ENVIRONMENTAL 4 Position Title: Facility Manager Department:Operations Reports To:Regional Operations Manager Exemption Status: Exempt Position Purpose: The Facility Manager Is responsible for the day-to-day facility management,maintenance management and safety for a 24/7 Reclamation Facility. This position requires a self-motivated individual,capable of handling complex waste processes.Individual must be very attentive to detail,knowledgeable about the oil and gas Industry and familiar with nonhazardous solid waste disposal services/operations. Essential Job Functions:The Facility Manager must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Independently prioritize and accomplish multiple tasks within established timeframes. • Identifies and resolves problems;gathers and analyzes information to develop solutions. • Recommends measures to improve operations,including conditions of machines&equipment,maintain concise records of planned maintenance and repairs. • Resolves customer and/or supplier quality problems. • Develops and expands relationships with existing and new customers and responds promptly to customer needs. • Observes safety and security procedures;proactively addresses potentially unsafe conditions and works with EHS Manager to build effective programs. • Proactively manages and provides leadership by example to facility crew;encourages teamwork. • Accessible to staff at all times;provides regular feedback to employees;develops subordinates'skills and encourages growth. • Maintains open communication with staff and keeps them informed as to company/department plans and progress. • Sets expectations and monitors delegated activities ensuring accountability for results;provides recognition for results. • Works within approved budget;develops and implements cost-saving measures.Analyzes P&L to determine best approach for improving revenue,costs,and bottom line. • Reports Key Performance Indicators(KPI's)for employees. Duties and Responsibilities: • Maintain the privacy and confidentiality of information,protect the assets of the Company,act with ethics and integrity,and adhere to Petro Waste's policies and procedures. • Writes clearly and concisely;presents data effectively;able to read and interpret written information. • Speaks clearly,listens and gets clarification when necessary;responds informatively to questions;interacts with all levels of organization,Including senior leadership. • Other duties that may reasonably be assigned. Nature of Supervision: The incumbent is responsible for exercising discretion and independent judgment when performing job duties and must display a high degree of ethics,integrity,professionalism,and respect. Minimal guidance is provided on some,but not all tasks to be performed. Independent decision-making is a daily responsibility,which,if handled incorrectly,could result in legal action against the Company,loss of employees or loss of time and substantial amounts of money. Supervisory Responsibility: The nature of this position entails managing non-exempt level staff,to include interviewing,hiring,ongoing training, assignment delegation and follow through;as well as,periodic performance evaluation and disciplinary action and termination when necessary. Incumbent will also oversee the work of external consultants and/or vendors as required. Education/Experience: The minimum educational background of an applicant to this position is a high school diploma;Bachelor's degree preferred. Incumbent must have a minimum of 5 years of oil and gas industry experience;working knowledge in solid waste processing,chemical treatment,oil/water separation&recovery.Plus,5 years in a management position, supervising personnel in the oil&gas industry and/or environmental services industry. In addition,a qualified applicant will have: • Working knowledge of environmental laws and regulations. • Proficient in Microsoft applications(such as Word,Excel,PowerPoint and Outlook). • Excellent written and verbal communication skills. • Ability to read,write and speak in English;profidency in Spanish preferred. • Excellent interpersonal skills Including the ability to work as part of a team. • Ability to work weekends,holidays and respond to callouts on a routine basis. Work Environment: Facility Manager will be expected to travel between Petro Waste Environmental facilities or corporate office on a regular basis and will be expected to perform physical activity,such as,walking and standing on hard surfaces for extended period of time,climb stairs and ladders,open and close valves,and be able to lift up to 50 lbs. Will be regularly exposed to loud machinery and have some exposure to hazards. Position may also be required to stand for long periods of time while addressing equipment issues and/or inspecting the work site.Travel up to 20%of the time with occasional overnight stays. Contacts: interaction will occur with all levels of employees,managers,senior leaders,outside vendors and contractors,in the performance of the job duties as they relate to the Fadlity Manager. Interaction will generally entail the exchange and gathering of information,including providing advice and ensuring their assigned facility is functioning properly and meeting company expectations of performance and safety. The above description is meant to provide an overview/summary of the nature and level of work being performed;it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the Job.Petro Waste Environmental reserves the right to modify the content formaki or informally,follow any other job-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at-will nature and,as such, the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. PetroWaste ENVIRONMENTAL Position Title: Heavy Equipment Operator Department:Operations Reports To:Facility Manager Exemption Status: Non-Exempt Position Purpose: The Heavy Equipment Operator is responsible for operating heavy equipment in order to fulfill the day-to-day operations associated with disposing of RRC-approved oil&gas associated waste entering the landfill site. This would include transferring,spreading,covering,loading and/or compacting waste or soil in a productive and safe manner. This position requires a self-motivated individual,capable of processing complex nonhazardous solid waste while adhering to the highest safety standards. Essential job Functions:The Heavy Equipment Operator must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Monitors waste for signs of unacceptable waste. • Performs pre-operation and post-operation inspection of equipment and ensures windows,lights,mirrors and rear view camera are clean.Records daily inspection forms. • Operates equipment including excavator,compactor,bulldozer,forklift,front end loader and other equipment using proper techniques. • Continuously monitors equipment to ensure proper operation and minimum down time.Performs basic troubleshooting. Cleans tracks or wheels of equipment. • Performs and documents minor service on equipment. • Operates equipment on the working face to spread and compact solid wastes. • Trains or assists in training new employees. • Recommends measures to improve production methods,equipment performance,and quality. Suggests changes in working conditions and use of equipment to increase efficiency of work crew. • Follows safety and security procedures;proactively addresses and/or reports potentially unsafe conditions. • Completes Equipment Condition Report and reports any necessary repairs to supervisor.Completes other required forms. • Ensures that equipment is cleaned,serviced and stored at the end of each shift. • Identities and reports problems;gathers needed information to suggest solutions. • Other job-related duties that may reasonably be assigned. 153 Treehne Park,Sthte 100 • San Antonio,Texas 78209 P; 1210)782.9534 F (210]2006257 PetroWasteLP.com PetroWaste ENVIRONMENTAL Education/Experience: The minimum educational background of an applicant to this position is a high school diploma or G.E.D.;three years related experience in equipment operation and/or valid certificate(s)of training,as required,for use of equipment;previous experience working at sites regulated by OSHA. Ideal candidates will have oil and gas or landfill industry experience;working knowledge of computers,computer software and computer systems. In addition,a qualified applicant will have: • Ability to read,write and speak English concisely. • Ability to build good working relationships and work as part of a team. • Ability to work different shifts on a 24/7 operation;including,weekends and holidays on a routine basis. Knowledge and Competencies: • JKachines/Tools/Equipmen t-Safely and productively operates machines and/or equipment including,but not limited to,forklift,scraper,motor grader,sweeper,baler,excavator,compactor,bulldozer and/or front end loader;personal protective equipment including,but not limited to,dust mask,ear plugs,gloves,hard hat,safety glasses,work boots,and safety vest;tools including,but not limited to,broom,shovel,tire gauge, water hoses,screwdriver,wrenches and other hand tools. • Communication--Effectively conveys information to customer and coworkers;listens to and understands others;gets clarification when necessary;responds informatively to questions;interacts with all levels of organization;presents data effectively;reads and interprets written information. • Customer Service--Within reason,does what it takes to meet expectations of internal and external customers;acts in a professional,courteous and cooperative manner towards customers and coworkers. • Dependable--Is someone supervisors and coworkers can count on;follows through and does what he/she says he/she will do;shows up for work on time and adheres to the established work schedule. • Oil and Gas Industry Knowledge--Knowledge of waste that may or may not be accepted by the landfill. • Endurance-Sticks with task until it is completed in the most productive and safe manner;works through challenges that come up. • Ethics-Adheres to the policies and rules set forth by Petro Waste Environmental;does not allow himself/herself or customers to bend the rules or cut corners;is trustworthy and honest. • Multitasking-Shifts back and forth as needed between two or more activities or customer requests;can do more than one thing during the same time period. • Jtecord Keeping-Conducts and keeps records regarding financial transactions with customers;records information using assigned forms and computer systems. • Safety Orientation-Follows and promotes Petro Waste's safety rules and procedures;recognizes hazards and anticipates danger;does not take inappropriate risks. • Pride-Feels a sense of self-satisfaction in a"job well done";makes sure that every little aspect of the overall task is done correctly;strives to achieve all goals. • Office Equipment-Knowledge of office equipment including but not limited to,computer,phone,fax machine,copier,Microsoft Office including Word and Excel and calculator. 153 Treeline Park,Suite 100 • San Antcmro,Texas 78209 P. [210)782,9534 1. (210)2006257 PatrooWasteLP.com Y PetroWaste ENVIRONMENTAL Work Environment: The Heavy Equipment Operator will be expected to perform physical activity,such as,climbing into and out of vehicle/equipment,walking and standing on hard surfaces for an extended period of time,climb stairs and ladders, open and close valves,and be able to lift/carry/push/pull up to 50 lbs. Will be regularly exposed to loud machinery,tools,trucks,dust,fumes,odors,solvents,chemicals and have some exposure to hazards and extreme weather conditions. Position may also be required to stand for long periods of time while performing their duties. The above description is meant to provide an overview/summary of the nature and level of work being performed; It should not be construed as an exhaustive list of all responsibilities,duties and requirements of the job.Petro Waste Environmental reserves the right to modify the content formally or informally,follow any otherjob-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at- will nature and,as such,the company reserves its right to terminate,any position or employee(with or without notice and with or without cause)within its discretion. 153 Treefine Park,Suite 100 • San Antonio.Texas 78209 P: (210)782-9534 f; (210)2005257 PetroWasteLP.com 117 PetroWaste ENVIRONMENTAL Position Title: Scale Operator Department:Operations Reports To:Facility Manager Exemption Status: Non-Exempt Position Purpose: The Scale Operator is responsible for the day-to-day monitoring and recording of RRC-approved oil&gas associated waste entering the landfill site,while collecting and reviewing appropriate paperwork. This position requires a self- motivated individual,capable of processing complex waste processes while adhering to the highest safety standards. Essential job Functions:The Scale Operator must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Monitors waste for signs of unacceptable waste. • Obtains information regarding material entering landfill to properly bill the customer and track the total amount and type of waste entering the landfill. • Accepts or rejects load based on content and suggests possible alternatives based on personal disposal knowledge,special waste training and type of waste. • Provides a receipt to the customer and documents the waste entering the Iandfill. • Handles special waste loads by processing required paperwork,and by notifying operations of an incoming special load via a 2-way radio for proper dispatch. • Utilizes scale equipment and POS system to record gross/tare weights and transaction details of incoming waste. • Balances the daily receipts to ensure accurate record keeping and appropriate billing. • Answers the telephone and provide general information to callers. • Maintains cleanliness of the scale house. • Accomplishes multiple tasks within established timeframes. • Identifies and reports problems;gathers needed information to develop solutions. • Reports customer and/or supplier problems to management and responds promptly to customer needs. • Follows safety and security procedures;proactively addresses and/or reports potentially unsafe conditions. • Other job-related duties that may reasonably be assigned. Education/Experience: The minimum educational background of an applicant to this position is a high school diploma or G.E.D;previous experience working at sites regulated by OSHA. Ideal candidates will have oil and gas industry experience; working knowledge of computers,computer software and computer systems. In addition,a qualified applicant will have: • Ability to read,write and speak English concisely. • Ability to build good working relationships and work as part of a team. • Ability to work different shifts on a 24/7 operation;Including,weekends and holidays on a routine basis. 153 Treehne Park,Suite 100 • San Antonia,Texas 78209 P: (210)782-9534 F: (210)200.6257 PetrmWasteLP.cam • • PetroWaste ENVIRONMENTAL Knowledge and Competencies: • Communication--Effectively conveys information to customer and coworkers;listens to and understands others;gets clarification when necessary;responds informatively to questions;interacts with all levels of organization;presents data effectively;reads and interprets written information. • Customer Service--Within reason,does what it takes to meet expectations of internal and external customers;acts in a professional,courteous and cooperative manner towards customers and coworkers. • Dependable--Is someone supervisors and coworkers can count on;follows through and does what he/she says he/she will do;shows up for work on time and adheres to the established work schedule. • Oil and Gas Industry Knowledge--Knowledge of waste that may or may not be accepted by the landfill. • Endurance-Sticks with task until it is completed in the most productive and safe manner;works through challenges that come up. • Ethics-Adheres to the policies and rules set forth by Petro Waste Environmental;does not allow himself/herself or customers to bend the rules or cut corners;is trustworthy and honest. • Multitasking-Shifts back and forth as needed between two or more activities or customer requests;can do more than one thing during the same time period. • Record Keeping-Conducts and keeps records regarding financial transactions with customers;records information using assigned forms and computer systems. • safety Orientation-Follows and promotes Petro Waste's safety rules and procedures;recognizes hazards and anticipates danger;does not take inappropriate risks. • Pride,-Feels a sense of self-satisfaction in a"job well done";makes sure that every little aspect of the overall task is done correctly;strives to achieve all goals. • Office Equipment-Knowledge of office equipment including but not limited to,computer,phone,fax machine,copier,Microsoft Office including Word and Excel and calculator. Work Environment: Scale Operator will be expected to perform physical activity,such as,walking and standing on hard surfaces for an extended period of time,climb stairs and ladders,open and close valves,and be able to lift/carry/push/pull up to 50 lbs. Will be regularly exposed to loud machinery and have some exposure to hazards and extreme weather conditions. Position may also be required to stand for long periods of time while performing their duties. The above description is meant to provide an overview/summary of the nature and level of work being performed; it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the job.Petro Waste Environmental reserves the right to modify the content formally or informally,follow any otherjob-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at- will nature and,as such,the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. 153 Treehne Park,Suite 100 • San Antonio,Texas 78209 P: 1210)782-9534 F: 121012006257 PetroWastetP.com • PetroWaste ENVIRONMENTAL Position Title: Facility Operator Department:Operations Reports To:Facility Manager Exemption Status: Non-Exempt Position Purpose: The Facility Operator is responsible for the day-to-day operational processes and safely processing waste-by-products. This position requires a self motivated individual,capable of handling complex waste processes while adhering to the highest safety standards. Essential job Functions:The Facility Operator must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Accomplish multiple tasks within established timeframes. • Identifies and reports problems;gathers needed information to develop solutions. • Reports customer and/or supplier problems to management and responds promptly to customer needs. • Follows safety and security procedures;proactively addresses and/or reports potentially unsafe conditions. • Writes clearly and concisely;presents data effectively;able to read and interpret written information. • Speaks clearly,listens and gets clarification when necessary;responds informatively to questions;interacts with all levels of organization. • Other duties that may reasonably be assigned. Education/Experience: The minimum educational background of an applicant to this position is a high school diploma. Ideal candidates will have oil and gas industry experience;working knowledge in solid waste processing,chemical treatment; oil/water separation&recovery experience preferred. In addition,a qualified applicant will have: • Ability to read,write and speak English. • Ability to build good working relationships and work as part of a team. • Ability to work different shifts on a 24/7 operation;including,weekends and holidays on a routine basis. Work Environment: Facility Operator will be expected to perform physical activity,such as,walking and standing on hard surfaces for an extended period of time,climb stairs and ladders,open and close valves,and be able to lift up to 50 lbs. Will be regularly exposed to loud machinery and have some exposure to hazards. Position may also be required to stand for long periods of time while performing their duties. The above description is meant to provide an overview/summary of the nature and level of work being performed; it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the Job.Petro Waste Environmental reserves the right to modem the Contentfornidify or informally,follow any other-Job-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is ofan at will nature and,assuch,the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. 153 Treehne Park,.Suite 100 • San Antonio,Texas 7B209 P: (210)752-9534 F: (2101200-6257 PetraWastel P.ccm 117 PetroWaste ENVIRONMENTAL Position Title: Lead Operator Department:Operations Reports To: Facility Manager Exemption Status: Non-Exempt Position Purpose: The Lead Operator is responsible for the day to day facility management in the absence of the Facility Manager. This position's responsibilities include,but are not limited to,filling in for the Heavy Equipment Operator,Operator and/or the Scale Operator on an as needed basis. This position requires a self-motivated individual,capable of processing complex nonhazardous solid waste while adhering to the highest safety standards. Essential job Functions:The Lead Operator must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Monitors waste for signs of unacceptable waste. • In the absence of the Facility Manager and at his/her direction,the Lead Operator will continuously monitor day to day facility management,facility equipment and safety for a 24/7 Landfill and Reclamation Facility. • Monitors,performs and documents minor service on equipment • Trains or assists in training new employees. • Studies production schedules and estimates hour requirements for completion of job assignment in conjunction with Facility Manager,establishes or adjusts work procedures to meet production schedules. • Recommends measures to improve production methods,equipment performance and quality. Suggests changes in working conditions and use of equipment to increase efficiency of work crew. • Directs employees In completion of work. May interpret company policies to employees and enforce safety regulations. May interpret instructions,specifications,blueprints or job orders to employees and assign duties. • Personally follows and ensures that other employees follow safety and security procedures;proactively addresses and/or reports potentially unsafe conditions. • Confers with Facility Manager to coordinate activities of individual departments or shifts. • Reviews Equipment Condition Reports and reports any necessary repairs to Facility Manager. Completes other required forms. • Ensures that equipment is cleaned,serviced and stored at the end of each shift. • Identifies and reports problems;gathers needed information to develop solutions. • On an as needed basis,the Lead Operator will perform the job duties of the Heavy Equipment Operator, Operator and Scale Operator(see respective job descriptions)to balance work load due to illness, holiday,PTO or other business related need. • Other job-related duties that may reasonably be assigned. 133 Treeline Park,Suite 100 • San Antonio,Texas 78209 P (2101782.9534 r: (210}200.6257 PetraWastatP.com . • . PetroWaste ENVIRONMENTAL Education/Experience: The minimum educational background of an applicant to this position is a high school diploma or G.E.D.;five years related supervisory experience;three years related experience in heavy equipment operation and/or valid certificate(s)of training,as required,for use of heavy equipment;previous experience working at sites regulated by OSHA. Ideal candidates will have two years college experience;oil and gas industry experience; landfill experience;working knowledge of computers,computer software and computer systems. In addition,a qualified applicant will have: • Ability to read,write and speak English concisely. • Ability to build good working relationships and work as part of a team. • Ability to work different shifts on a 24/7 operation;including,weekends and holidays on a routine basis. Knowledge and Competencies: • Machines/Tools/Equipment-Safely and productively operates machines and/or equipment including, but not limited to,forklift,scraper,motor grader,sweeper,baler,excavator,compactor,bulldozer and/or front end loader;personal protective equipment including,but not limited to,dust mask,ear plugs,gloves,hard hat,safety glasses,work boots,and safety vest;tools including but not limited to, broom,shovel,tire gauge,water hoses,screwdriver,wrenches and other hand tools. • Communication--Effectively conveys information to customer and coworkers;listens to and understands others;gets clarification when necessary;responds informatively to questions;interacts with all levels of organization;presents data effectively;reads and interprets written information. • Customer Service--Within reason,does what it takes to meet expectations of internal and external customers;acts in a professional,courteous and cooperative manner towards customers and coworkers. • Dependable--Is someone supervisors and coworkers can count on;follows through and does what he/she says he/she will do;shows up for work on time and adheres to the established work schedule. • Oil and Gas Industry Knowledge--Knowledge of waste that may or may not be accepted by the landfill. • Endurance-Sticks with task until it is completed in the most productive and safe manner;works through challenges that come up. • Ethics-Adheres to the policies and rules set forth by Petro Waste Environmental;does not allow himself/herself or customers to bend the rules or cut corners;is trustworthy and honest. • Financial Management-Seeks to understand a budget,the financial nature of the oil and gas industry, financial terms,tables and reports. • Multitasking-Shifts back and forth as needed between two or more activities or customer requests;can do more than one thing during the same time period. • Record Keeping-Conducts and keeps records regarding financial transactions with customers;records information using assigned forms and computer systems. • Safety Orientation-Follows and promotes Petro Waste's safety rules and procedures;recognizes hazards and anticipates danger;does not take inappropriate risks. • pride-Feels a sense of self-satisfaction in a lob well done";makes sure that every little aspect of the overall task is done correctly;strives to achieve all goals. • Office Equipment-Knowledge of office equipment including but not limited to,computer,phone,fax machine,copier,Microsoft Office including Word and Excel and calculator. • Leadership-Models Established vision for the group;uses interpersonal and motivational technique to guide employees toward goat accomplishment;models appropriate behavior;management can depend on incumbent to follow through. 153 Treeline Park.State 100 • San Antonio,Texas 78209 P• (210)762.9334 F: (210J 2006237 Petrowastel P.cmn 1rj-r)- PetraWaste ENVIRONMENTAL • Results Oriented-Drives self and other employees to achieve productivity goals;figures out how to overcome problems. • Discernment-Maintains the privacy and confidentiality of information,protect the assets of the Company,act with ethics and integrity,and adhere to Petro Waste's policies and procedures. • Planning-Assists in developing schedules that make efficient use of employees'time and Petro Waste Environmental resources;foresees equipment and other problems and works proactively with the Facility Manager to prevent them. • Supervising Others-Monitors employee performance and addresses urgent performance problems as needed with guidance of the Facility Manager;builds positive working relationships with employees. • Coaching and Training-Works with the Facility Manager to understand the strengths and developmental needs of all employees. Work Environment: The Lead Operator will be expected to perform physical activity,such as,climbing into and out of vehicle/equipment,walking and standing on hard surfaces for an extended period of time,climb stairs and ladders,open and close valves,and be able to lift/carry/push/pull up to 50 lbs. Will be regularly exposed to loud machinery,tools,trucks,dust,fumes,odors,solvents,chemicals and have some exposure to hazards and extreme weather conditions. Position may also be required to stand for long periods of time while performing their duties. The above description is meant to provide an overview/summary of the nature and level of work being performed it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the job.Petro Waste Environmental reserves the right to modify the contentformally or informally,follow any otherJob-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at- will nature and,as such,the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. 153 Treeline Park,Suite 100 San Antonio,Texas 78209 P: 12101782.9534 F; (210)200.6257 PetroWasteLP.com PetroWaste ENVIRONMENTAL Position Title: Landfill Facility Department: Operations Reports To: Regional Manager Operations Manager Exemption Status: Exempt Position Purpose: The Facility Manager is responsible for the day-to-day facility management,maintenance management and safety for a 24/7 Landfill and Reclamation Facility. This position requires a self-motivated individual, capable of handling complex waste processes.Individual must be very attentive to detail,knowledgeable about the oil and gas industry and familiar with nonhazardous solid waste disposal services/operations. Essential job Functions:The Facility Manager must be able to perform all of the following duties and responsibilities with or without a reasonable accommodation. • Independently prioritizes and accomplishes multiple tasks within established timeframes. • Manages daily operations of the landfill. Implements operating procedures and ensures standards are met. • Identifies and resolves problems;gathers and analyzes information to develop solutions. • Recommends measures to improve operations,including conditions of machines&equipment, maintains concise records of planned maintenance and repairs. • Resolves customer and/or supplier quality problems. • Develops and expands relationships with existing and new customers and responds promptly to customer needs. • Observes,promotes and enforces safety and security procedures;proactively addresses potentially unsafe conditions and works with EHS Manager to build effective programs. • MonItors and ensures compliance with safety,environmental,and equipment maintenance policies and assures the Landfill and Reclamation facilities are operated consistent with conditions stipulated in the permit. • Proactively manages and provides leadership by example to facility crew;encourages teamwork. • Accessible to staff at all times;provides regular feedback to employees;develops subordinates'skills and encourages growth. • Maintains open communication with staff and keeps them informed as to company/department plans and progress. • Sets expectations and monitors delegated activities ensuring accountability for results;provides recognition for results. • Works within approved budget;develops and implements cost-saving measures.Analyzes P&L to determine best approach for improving revenue,costs,and bottom line. • Reports Key Performance Indicators(KPI's) for employees. • Other job-related duties that may reasonably be assigned. Knowledge and Competencies: • Safety—Knowledge of OSHA and other related regulations;follows,promotes and enforces Petro Waste Environmental's safety rules and procedures;recognizes hazards and anticipates danger;sets an example for safe work behavior;requires customers,co-workers and everyone in his/her department to follow safety precautions at all times. '153 Treetine Park,Suite 100 • San Antonio,Texas 78209 F: (210)782-9534 F: 1210)2008257 PetroWaste1P.cnm I PetraWaste ENVIRONMENTAL • Ethics-Adheres to the policies and procedures set forth by Petro Waste Environmental and professional standards of conduct;does not engage in questionable financial activities;does not allow himself/herself, employees or customers to bend the rules or cut corners;is trustworthy and honest. • Customer Service-Within reason,does what it takes to meet expectations of internal and external customers;acts in a professional manner towards customers and coworkers. • Results Oriented-Drives self and employees to achieve productivity goals;figures out how to overcome problems. • Discernment-Maintains the privacy and confidentiality of information,protect the assets of the Company, act with ethics and integrity,and adhere to Petro Waste's policies and procedures. • Financial Management-Adheres to a budget;understands the financial nature of the oil and gas industry; understands financial terms,tables and reports. • Leadership-Establishes a clear vision for the group;uses interpersonal and motivational technique to guide the landfill employees toward goal accomplishment;models appropriate behavior;management can depend on Incumbent to follow through. • Communication-Effectively conveys information to customers,coworkers and direct reports;articulates clearly;listens to and understands others;obtains clarification when necessary;writes clearly and concisely;presents data effectively;able to read and interpret written information;responds informatively to questions;interacts with all levels of organization,including senior leadership. • Oil and Gas Industry Knowledge-Knowledge of waste that may or may not be accepted by the landfill; processing of complex nonhazardous waste streams. • Planning-Develops schedules that make efficient use of landfill employees'time and Petro Waste Environmental resources;foresees equipment and other problems and works proactively to prevent them. • Record Keeping-Keeps records regarding the status of equipment and the landfill. • supervising Others-Sets clear and challenging goals for landfill employees;addresses performance problems as needed;builds positive working relationships with his/her employees. • Coaching and Training-Understands the strengths and developmental needs of all landfill employees. Holds employees to high,but achievable standards;provides coaching and feedback. • Multitasking-Shifts back and forth as needed between two or more activities or customer requests;can do more than one thing during the same time period. • Pride-Feels a sense of self-satisfaction in a"job well done";makes sure that every little aspect of the overall task is done correctly;strives to achieve all goals. • Office Equipment-Knowledge of office equipment including but not limited to,computer,phone,fax machine,copier,Microsoft Office including Word and Excel and calculator. Nature of Supervision: The Facility Manager is responsible for exercising discretion and independent judgment when performing job duties and must display a high degree of ethics,integrity,professionalism,and respect. Minimal guidance is provided on some,but not all tasks to be performed. Independent decision-making is a daily responsibility,which, if handled incorrectly,could result in legal action against the Company,loss of employees or loss of time and substantial amounts of money. 153 Treebne Park.Sutra 100 • San Ancomo,Texas 78209 P: (210)782-9534 F: (210)2006257 PetroWastelP.com . . , _ PetroWaste ENVIRONMENTAL Supervisory Responsibility: The nature of this position entails managing non-exempt level staff,to include interviewing,hiring,ongoing training,assignment delegation and follow through;as well as,periodic performance evaluation and disciplinary action and termination when necessary. The Facility Manager will also oversee the work of external consultants and/or vendors as required. Education/Experience: The minimum educational background of an applicant to this position is a high school diploma;Bachelor's degree preferred. Applicant must have a minimum of 5 years of oil and gas industry experience;working knowledge in solid waste processing,chemical treatment,oil/water separation&recovery or a combination of the above.Plus,5 years in a management position,supervising personnel in the oil&gas industry and/or environmental services industry. In addition,a qualified applicant will have: • Working knowledge of environmental laws and regulations. • Proficient in Microsoft applications(such as Word,Excel,PowerPoint and Outlook)and computer systems. • Excellent written and verbal communication skills. • Ability to read,write and speak in English;proficiency in Spanish preferred. • Excellent interpersonal skills including the ability to work as part of a team. • Ability to work weekends,holidays and respond to callouts on a routine basis. Work Environment: Facility Manager will be expected to travel between Petro Waste Environmental facilities or corporate office on a regular basis and will be expected to perform physical activity,such as,climbing into and out of vehicle/equipment,walking and standing on hard surfaces for extended period of time,climb stairs and ladders, open and close valves,and be able to lift/carry/push/pull up to 50 lbs. Will be regularly exposed to loud machinery,tools,trucks,dust,fumes,odors,solvents,chemicals and have some exposure to hazards and extreme weather conditions. Position may also be required to stand for long periods of time while addressing equipment issues and/or inspecting the work site.Travel up to 20%of the time with occasional overnight stays. , Contacts: Interaction will occur with all levels of employees,managers,senior leaders,outside vendors and contractors,in the performance of the job duties as they relate to the Facility Manager. Interaction will generally entail the exchange and gathering of information,including providing advice and ensuring their assigned facility is functioning properly and meeting company expectations of performance and safety. 153 Treeline Park.Suite 100 • San Antonio,Texas 78209 P: 1210)782-9534 F: (210)2006257 PetroWasteLP.csm 1rd PetroWaste ENVIRONMENTAL The above description is meant to provide an overview/summary of the nature and level of work being performed;it should not be construed as an exhaustive list of all responsibilities,duties and requirements of the job.Petro Waste Environmental reserves the right to modify the content formally or informally, follow any other job-related duties/functions requested by their supervisor.Further,all employment at Petro Waste Environmental is of an at-will nature and,as such,the company reserves its right to terminate any position or employee(with or without notice and with or without cause)within its discretion. 153 Treeiine Park,Suite 100 • San Antonio,Texas 78209 P: (210)782-9534 1-: (210)200-6257 PetroWastaLP.com Applicant Tracking Form - Field Applicant's Name: Date: Position: Location: Evaluator: REQUIRED QUALIFICATIONS: Yes f No Complete application (name, contact,work history, etc.) Stable work history Eligible to work in the U.S. 18 Years of age High School Diploma/GED L"_iilling to relocate (if applicable) PREFEtED QUALIFICATIONS; High Medium ( Low SalarvExpectations 5+years in a management position, supervising personnel (Management Position Only). Oil & Gas Industry Experience,with working knowledge in solids processing,chemical treatments, oil/water separation and recovery experience. Refinery or Processing Plan Experience and/or working knowledge of Environmental, Health &Safety. Relevant Certifications (e.g., Certified Forklift Operator, Certified man-lift operator, Certified overhead crane operator, H2s Certified, Confined Space Certified, Cam Safety Certified, Adult CPR/AED &First Aid, etc.) Go NG Application Screen (Date: ) Phone Interview (Date: ) In-Person Interview (Date: ) 1 Accept J Decline 1 Comet ngent Job Offer (Rote of pay ) J Go NG Background Check (Date: ) Pre-Adverse Action Letter (Date: ) Adverse Action Letter (Date: ) Drug Screen (Date: ) Notes:, Accept Decline Official Job Offer (Rate of pay: ) Projected first day: (Date: ) Notes: