QCLF-CONSENT-ORDER-Z-02-23 (1).PDF
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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
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CONSENT ORDER
Docket No.___________
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, Chairman of the Board of Supervisors, is a representative of Maricopa
County and certifies that he is fully authorized to execute this Consent Order 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) has jurisdiction of
this action's subject matter and is authorized to issue this Consent Order pursuant to the
Arizona Revised Statutes (A.R.S.) § 49-781, § 41-1004, and § 41-1092.07(F)(5).
D. Maricopa County agrees that the Director of ADEQ has jurisdiction of this action's subject
matter.
E. This Consent Order contains the full terms of the agreement between Maricopa County and
ADEQ.
F. Maricopa County voluntarily agrees to this Consent Order based only on the terms
contained in the Consent Order.
G. Maricopa County understands that agreeing to this Consent Order does not resolve any
liability that it may have for civil penalties for a violation of any state or federal
environmental law.
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H. Maricopa County understands that agreeing to this Consent Order does not mean it admits
to any civil or criminal liability, or waives any right or assertion of any defense available
to Maricopa County under applicable law.
I. Maricopa County does not admit the validity of any Agency Determinations and Findings
contained in this Consent Order.
J. Maricopa County agrees not to dispute the validity or terms of this Consent Order in any
future proceeding to enforce the terms of this Consent Order.
K. Maricopa County retains the right to dispute the validity of any Agency Determinations
and Findings contained in this Consent Order in any proceeding other than a proceeding to
enforce the terms of this Consent Order.
II.
AGENCY DETERMINATIONS AND FINDINGS
The Director makes the following Agency Determinations and Findings that Maricopa County
has violated a requirement of A.R.S., the Arizona Administrative Code (A.A.C.), or an ADEQ
issued permit, as described below:
A. Master Facility Plan Approval (MFPA No. 50038600.06) – Section 3.2(a)
Failure to operate the Queen Creek Landfill (QCLF) in a manner that protects public health
and safety and the environment and prevents and abates environmental nuisances.
Maricopa County submitted to ADEQ a January 26, 2021 letter stating that it had detected
tetrachloroethylene (PCE) at 0.0067 mg/l in Monitoring Well (MW)-4s in the second semi-
annual assessment sampling event for 2020. Subsequently on January 14, 2021 Maricopa
County determined that PCE in the groundwater is at “statistically significant levels” above its
aquifer water quality standard (AWQS) of 0.005 mg/l. This determination was confirmed in a
June 8, 2021 report titled “Characterization of the Nature and Extent of Releases Queen Creek
Landfill,” prepared by Hydro Geo Chem, Inc., on behalf of Maricopa County, in which it
states, in response to the 0.0067 mg/l PCE detected in MW-4s, “a trend analysis indicated that
this detection was a statistically-significant exceedance of the AWQS for PCE.” The
referenced report also states, “PCE concentration in groundwater at the QCLF suggest an
impact by VOCs originating from the landfill.”
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The foregoing described “statistically-significant exceedance” of the AWQS for PCE is a
violation of the Master Facility Plan Approval. The AWQS, found in A.A.C R18-11-406, is
intended to protect public health and the environment.
III.
COMPLIANCE SCHEDULE
ADEQ has established the compliance requirements. ADEQ and Maricopa County have agreed on
the completion deadlines. Maricopa County agrees to comply with the provisions of this Consent
Order as follows:
A.
By January 31, 2023, Maricopa County shall complete the installation and
development of three (3) on-site ground water and soil vapor monitoring wells.
B.
By April 28, 2023, Maricopa County shall complete the installation and development
of the following:
i.
One (1) up-gradient ground water and soil vapor monitoring well, off-site, east
of the landfill that has not been affected by the QCLF;
ii.
Three (3) down-gradient ground water and soil vapor monitoring wells off-site,
at the following locations: (a) northwest of the QCLF; (b) west of the QCLF;
and, (c) southwest of the QCLF.
iii.
Maricopa shall screen the wells identified above in the same upper aquifer unit
as the existing monitoring wells at the QCLF, i.e., Monitoring Wells, 1s, 2s, 3s,
4s, and 5s.
C. Maricopa County shall notify ADEQ at least ten (10) business days prior to conducting
drilling or sampling activities to facilitate ADEQ being present as an observer.
D. Within thirty (30) calendar days of installing and developing any new monitoring well,
Maricopa County shall collect ground water samples to be analyzed as set forth in
Paragraph F.
E. By April 28, 2023, Maricopa County shall collect ground water samples from the
existing set of monitoring wells, i.e. MWs 1s – 5s, to be analyzed as set forth in
Paragraph F.
F. Maricopa County shall send all ground water samples to an Arizona Department of
Health Services certified/licensed laboratory. The initial samples from each well shall
be analyzed for, at a minimum, the constituents listed in 40 CFR Part 258 Appendix II.
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Subsequent samples shall be analyzed for, at a minimum, the constituents listed in 40
CFR Part 258 Appendix I. Analytical results shall be compared to the AWQS listed in
A.A.C. R18-11-406. Maricopa County may seek removal of any of the constituents
provided it can show that such constituent is unlikely to be in, or, derived from the
waste in the QCLF.
G. Within thirty (30) calendar days of receipt of laboratory reports, Maricopa County shall
submit to ADEQ a copy(ies) of the complete laboratory report(s) with statistical
analysis and the appropriate tables that depict the results from each monitoring well.
H. After the initial round of sampling, subsequent to the installation of the monitoring
wells described in Paragraphs A and B above, Maricopa shall proceed to collect
samples from all monitoring wells on a quarterly basis using four (4) different quarters
of samples to: (i) assess seasonal variability, (ii) recalibrate background ground water
contaminant concentrations, and (iii) determine locations within the QCLF from which
the highest constituent concentrations emanate.
I. Within thirty (30) days of receiving the laboratory results for the samples collected in
the second quarter of 2023, Maricopa County shall:
i. Determine the background concentrations for all constituents using the up-gradient
monitoring as a point of reference;
ii. Identify all constituents in the down-gradient monitoring wells that show
statistically-significant exceedance of their respective background concentration
and AWQS.
J. By August 31, 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
in the RAP should be chosen after Maricopa County evaluates alternative corrective
measures. At a minimum, the RAP shall include the following:
i.
A completion 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;
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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.
K. As a complement to the RAP, Maricopa County shall prepare a Health and Safety
Plan (HASP) as a stand-alone document that describes all activities to be performed
to protect on-site personnel, visitors, and/or area residents from physical, chemical,
and all other hazards posed by the work the RAP requires. Maricopa County shall
develop the HASP in accordance with the site activities, the requirements provided
under the Arizona Division of Occupational Safety and Health (ADOSH) at A.R.S.
§23-401 through 433 and A.A.C. R20-5-602, that incorporates the federal OSHA
(collectively OSHA) regulations by reference, and NIOSH Occupational Safety and
Health Guidance Manual for Hazardous Waste Site Activities (1985). The HASP
should cover all work required by the RAP and should be updated, as appropriate, to
cover activities after work completion. ADEQ will not approve the HASP, but will
review it to ensure that all necessary elements are included and that it provides for the
protection of human health and the environment. The HASP and RAP must be
submitted to ADEQ simultaneously, in accordance with Paragraph J, above.
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L. ADEQ may approve, disapprove, or require revisions to the RAP in whole, or in part,
by providing written comments. If ADEQ requires revisions to the RAP, ADEQ and
Maricopa County shall work cooperatively to reach agreement to resolve ADEQ’s
requested revisions. Maricopa County shall submit a written response and, if
warranted, a revised RAP to ADEQ within thirty (30) calendar days following receipt
of ADEQ’s written comments attesting to the jointly agreed upon revisions. The RAP
shall be incorporated by reference into this Consent Order.
M. Upon receipt of ADEQ’s written approval of the RAP, Maricopa County shall begin
its implementation in accordance with the schedule therein.
N. Within sixty (60) calendar days of completing implementation of the RAP, Maricopa
County shall submit to ADEQ a RAP Completion Report. At a minimum shall include
the following:
i.
A summary of the remedial activities performed, and goals met, focusing on
processes and criteria used to determine when remediation, maintenance, and
monitoring as prescribed by the RAP ceased;
ii.
A demonstration that the RAP completion criteria have been met;
iii.
A summary of significant activities that occurred during the RAP
implementation; and
iv.
A summary of any inspection conducted by Maricopa County.
O. If ADEQ determines that the RAP was executed in a manner that minimizes or
eliminates, to the extent necessary to protect public health and the environment,
release of contaminants to the environment, in accordance with the approved RAP,
ADEQ will notify Maricopa County of this determination in writing. At this juncture,
in consultation with and as approved by ADEQ, Maricopa County may cease
implementation of the corrective measures described in the RAP.
P. After assessing the performance of the implemented corrective measures, as
described in the RAP, if ADEQ determines the conditions in Paragraph O, above,
have not been met, ADEQ will require that Maricopa County performs additional
tasks within specific timelines, that ensures the conditions provided in Paragraph O,
above, are met.
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IV.
STATUS REPORTS
A. Maricopa County agrees to submit a written status report to ADEQ every thirty (30)
calendar days from the effective date of this Consent Order, until this Consent Order
terminates. Each written status report must:
1. Describe what measures have been taken under Section III of this Consent Order;
2. Certify when compliance with the requirements of Section III of this Order are
achieved;
3. Be accompanied by evidence showing compliance, as appropriate. Evidence showing
compliance can include documents, photographs, or copies of any other supporting
information that Maricopa County deems necessary.
B. ADEQ will review the status reports and inform Maricopa County in writing of any
disputes. Maricopa County must incorporate all required modifications, changes or other
alterations that ADEQ requests within a reasonable time specified by ADEQ.
V.
COMPLIANCE WITH OTHER LAWS
A. This Consent Order does not include issues regarding releases, contamination, sources,
operations, facilities or processes not expressly stated by the terms of this Consent Order,
and does not interfere with the rights that the State of Arizona or Maricopa County have
under any federal or Arizona environmental statutes and rules regarding such issues.
B. This Consent Order is not a permit of any kind, does not modify any permit of any kind,
nor is it an agreement to issue a permit of any kind under federal, state or local law.
C. This Consent Order does not alter, modify or revoke federal, state, or local law.
D. This Consent Order is not a defense to any action to enforce any such permits or laws.
E. Maricopa County has an obligation to:
1. Apply for, obtain, and comply with all applicable permits.
2. Comply with federal, state or local law.
3. Comply with the terms of this Consent Order.
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VI.
SITE ACCESS
Upon presenting credentials to authorized personnel on duty, ADEQ may at any time enter the
premises at the Facility in order to observe and monitor compliance with the provisions of this
Consent Order. This right of entry is in addition to ADEQ's rights under applicable law.
VII.
CORRESPONDENCE
A. Maricopa County shall send all correspondence by email, mail, or hand delivery, such as
documents, materials, plans, notices, or other items under this Consent Order, to:
Arizona Department of Environmental Quality
Waste Programs Division
Attention: Jordan Martin
1110 West Washington Street
Phoenix, Arizona 85007-2935
Telephone: (602) 771-2351
Email: martin.jordan@azdeq.gov
B. Any submission to ADEQ is treated as submitted when ADEQ receives it.
C. ADEQ shall send all correspondence by email, mail, or hand delivery under this Consent
Order to:
Clint Hickman, Chairman of the Board of Supervisors
Maricopa County Board of Supervisors
301 W Jefferson Street
10th Floor
Phoenix, AZ 85003
chickman@mail.maricopa.gov
(602) 506-7642
VIII. RESERVATION OF RIGHTS
A. ADEQ agrees to this Consent Order based solely upon currently available information. If
additional information is discovered, which indicates that the actions under this Consent
Order are or will be inadequate to protect human health, safety, or the environment, or to
conform with applicable federal or state laws, ADEQ has the right to require further action.
B. ADEQ has the right to:
1. Seek civil penalties for any and all violations of A.R.S. Title 49 or the applicable rules,
occurring before the effective date of this Consent Order;
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2. Disapprove Maricopa County's work that fails to comply with this Consent Order;
3. Take enforcement action for any and all violations of this Consent Order; and,
4. Take enforcement action for any and all violations of A.R.S. Title 49 or the applicable
rules, occurring after the effective date of this Consent Order.
C. As to this Consent Order, Maricopa County waives all rights to appeal this Order under
A.R.S. Title 41, pursuant to the ability to waive this right based on A.R.S. § 41-1004.
IX.
VIOLATIONS OF ORDER
If Maricopa County fails to comply with this Consent Order, Maricopa County can be liable for
other administrative or judicial sanctions, including civil penalties under A.R.S. § 49-783, the
same as if for a violation of any State or Federal environmental law.
X.
SEVERABILITY
If a court of law declares that any provision of this Consent Order is invalid or unenforceable, all
other provisions of this Consent Order remain in full force and effect.
XI.
AMENDMENTS
Any amendments of this Consent Order must be in writing and Maricopa County and ADEQ both
must approve the amendments.
XII.
EFFECTIVE DATE
The effective date of this Consent Order is the date this Consent Order is signed by ADEQ and
Maricopa County. If ADEQ and Maricopa County sign on different dates, the later date is the
effective date of this Consent Order.
XIII. PARTIES BOUND
Maricopa County is responsible, and will remain responsible, for carrying out all activities required
under this Consent Order, regardless of change in ownership, corporate status, or partnership
status, or transfer of assets or real or personal property relating to the subject of this Consent Order,
unless:
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A. The Party to whom the right, title, or interest has been sold, transferred, or assigned agrees
in writing to fulfill the obligations of this Consent Order; and,
B. ADEQ approves the provisions transferring the obligation.
XIV. TERMINATION
A. ADEQ will notify Maricopa County in writing that this Consent Order is ended when
ADEQ determines that Maricopa County has demonstrated that all of the terms of this
Consent Order have been completed or satisfied.
B. If ADEQ denies Maricopa County's request for termination, ADEQ will notify Maricopa
County in writing and describe which terms of the Consent Order have not been completed
to ADEQ's satisfaction.
C. ADEQ reserves the right to terminate this Consent Order unilaterally at any time for any
reason, but will notify Maricopa County in writing as to the reason(s) for termination.
Signed this .
____________________________________
Terry Baer, Value Stream Manager
Hazardous Waste – Solid Waste Section
Arizona Department of Environmental Quality
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CONSENT TO ORDER
Clint Hickman, on behalf of Maricopa County acknowledges that he has read all of the Consent
Order. Maricopa County agrees:
A. With the statements made,
B. To this Consent Order with the Arizona Department of Environmental Quality, and,
C. That Maricopa County will comply with Consent Order and waive any right to appeal.
Signed this _____________.
___________________________
Clint Hickman, Chairman of the Board of Supervisors
Maricopa County Board of Supervisors
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I HEREBY CERTIFY that on ____________________, the ORIGINAL was filed in the
facility file located at:
Arizona Department of Environmental Quality
1110 W Washington St
Phoenix, AZ 85007-2935
I HEREBY CERTIFY that on ____________________, 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 ____________________, 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
Justyn Beach, 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
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