2023.06-1 TO CONSENT ORDER Z-02-23.PDF
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Initials ____ BEFORE THE DIRECTOR OF THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY In the Matter of: Queen Creek Landfill located at 20224 E Riggs Road Queen Creek, Maricopa County, Arizona Place ID 424 ) ) ) ) ) ) ) ) ) AMENDMENT # 1 TO CONSENT ORDER Docket No. Z-02-23 I. RECITALS A. Maricopa County Waste Resources & Recycling Management (Maricopa County) is the owner and/or operator of Queen Creek Landfill located at 20224 E Riggs Road, Queen Creek, Maricopa County, Arizona. B. Clint Hickman is a representative of Maricopa County and certifies that he is fully authorized to execute this Amendment # 1 to Consent Order Z-02-23 on behalf of Maricopa County and to legally bind Maricopa County to this Consent Order. C. The Director of Arizona Department of Environmental Quality (ADEQ) and Maricopa County entered into Consent Order Z-02-23, effective on February 14, 2023. D. On May 17, 2023, Maricopa County requested extension of the due date in Section III, paragraph J to provide the contractor adequate time to prepare the remedial action plan. E. Maricopa County and ADEQ agree to amend Consent Order Z-02-23, as stated below in Section II. Amendment. II. AMENDMENT On Consent Order Z-02-23, Section III, paragraph J is stricken and the following is inserted: J. By December 1, 2023, Maricopa County shall submit to ADEQ a remedial action plan (RAP) that describes corrective measures it proposes to implement to address contamination at the site that show exceedance of the AWQS. The corrective measures -2- Initials ____ in the RAP should be chosen after Maricopa County evaluates alternative corrective measures. At a minimum, the RAP shall include the following: i. A remediation system installation deadline of no later than February 28, 2024. ii. An evaluation of remedial alternatives, and description of the basis(es) upon which the chosen remedial alternative was made; iii. Description of the design, construction, operation, maintenance, and performance monitoring of the chosen remedial alternative; iv. A description of how the AWQS, and other standards, as applicable, will be met, and how the RAP will protect public health and the environment; v. A description of how the source(s) of release will be controlled so as to reduce or eliminate, to the extent practicable, further releases that may pose a threat to human health and/or the environment; vi. A description of how generated wastes will be handled; vii. An explanation of how the standards for management of wastes will be achieved, as deemed necessary; viii. A description of the processes and criteria for determining when implementation of the RAP will have met cleanup goals; ix. An explanation of how the RAP will be managed, including levels of authority, lines of communication; x. A schedule for implementation in the form of a Gantt Chart or other visual representation; xi. A description of qualifications of personnel that will direct and/or perform the work described in the RAP. III. EFFECTIVE DATE The effective date of this Amendment # 1 to Consent Order Z-02-23 is the date this Amendment is signed by ADEQ and Clint Hickman. If ADEQ and Maricopa County sign on different dates, the later date is the effective date of this Amendment. -3- Initials ____ Signed this ________ day of _____________, 2023. ____________________________________ Terry Baer, Section Manager Hazardous Waste – Solid Waste Section Arizona Department of Environmental Quality CONSENT TO ORDER Clint Hickman, on behalf of Maricopa County acknowledges that he has read all of the Consent Order. Clint Hickman agrees: A. With the statements made, B. To this Amendment # 1 to Consent Order Z-02-23 with the Arizona Department of Environmental Quality, C. That Maricopa County Waste Resources & Recycling Management (Maricopa County) will comply with this Amendment # 1 to Consent Order Z-02-23 and waive any right to appeal, and, D. That the Consent Order Z-02-23 shall remain in full force and effect, except as modified by this Amendment # 1 to Consent Order Z-02-23. Signed this ________ day of _____________, 2023. _____________________________________ Clint Hickman, Chairman of the Board of Supervisors Maricopa County Board of Supervisors I HEREBY CERTIFY that on ________ day of _____________, 2023, the ORIGINAL was filed in the facility file located at: Arizona Department of Environmental Quality 1110 W Washington St Phoenix, AZ 85007-2935 -4- Initials ____ I HEREBY CERTIFY that on ________ day of _____________, 2023, a true and correct copy was emailed, if provided, or sent via USPS regular mail to: Clint Hickman, Chairman Maricopa County Board of Supervisors 301 W Jefferson Street 10th Floor Phoenix, AZ 85003 chickman@mail.maricopa.gov I HEREBY CERTIFY that on ________ day of _____________, 2023, a true and correct copy was emailed, if provided, or sent via USPS regular mail to: Arizona Department of Environmental Quality Office of Administrative Counsel Curtis Cox, Chief Counsel, Environmental Enforcement Section, Office of the Attorney General Brandi Hall, Unit Manager, Solid Waste Unit Melanie Rodriguez, Case Manager, Solid Waste Unit Jordan Martin, Hydrogeologist, Solid Waste Unit Marcy Flanagan, Director Maricopa County Public Health Department 4041 N Central Avenue Phoenix, AZ 85012 Marcy.Flanagan@maricopa.gov esd@maricopa.gov Darcy Kober, Director Maricopa County Environmental Services Department Darcy.Kober@maricopa.gov Maricopa County Clerk of the Board clerkboard@maricopa.gov _______________________________ Hearing Administrator