ADEQ DELEGATION JULY 2017.PDF

DELEGATION AGREEMENT
Between
Arizona Department of Environmental Quality
And
Maricopa County, hereinafter, County, a political subdivision of the State of Arizona, acting by
and through the Maricopa County Department of Environmental Services and acting by and
through the Maricopa County Air Quality Department
Delegation Agreement #ADEQ16-128212
Whereas, Arizona Revised Statutes (A.R.S.) § 49-107, authorizes the Director of the
Arizona Department of Environmental Quality (ADEQ) to delegate to a local environmental
agency, or county health department, any functions, powers, and duties, hereinafter, Functions
and Duties, which the Director believes can be competently, efficiently, and properly performed
by the local environmental agency, or county health department and
Whereas, the County Department of Environmental Services is the local environmental
agency or county health department, except for purposes of Appendix C, for which the Maricopa
County Air Quality Department is the local environmental agency, hereinafter, LA, as set forth
in A.R.S. § 49-107, and
Whereas, A.R.S. §§ 11-201(A)(3) and 49-107 authorize the County Board of Supervisors
(and by delegation the LA, where the LA is a local environmental agency or health department)
to enter into contracts as necessary to assist LA in exercising its powers, and
Whereas, the LA deems that it is in its best interests to accept such delegation,
Therefore, the Director of ADEQ delegates to the Maricopa County Department of
Environmental Services as LA, and the LA accepts the delegation of those Functions and Duties
described in Appendix A and Attachment 1 to Appendix A, and Appendix B of this Delegation
Agreement, hereinafter Agreement, (Appendix A of this Agreement for Wastewater and
Drinking Water Delegations, Appendix B of this Agreement for Solid Waste Delegations) and
delegates to the Maricopa County Air Quality Department Appendix C To Delegation
Agreement No, EV12-0067 Maricopa County Air Quality Management, which has already been
signed and is included in this Agreement, on behalf of ADEQ and in accordance with the terms
and conditions specified in this Agreement.
A. DELEGATED FUNCTIONS AND DUTIES
The Functions and Duties that are delegated to the LA by this Agreement are identified in
Sections A through R, and in Appendices A and B and C of this Agreement. ADEQ statutes,
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rules, policies and guidance shall be used in implementing the delegated Functions and Duties.
The Functions and Duties not specifically delegated by this Agreement are retained by ADEQ.
B. STANDARDS OF PERFORMANCE
1. The standards of performance required of the LA to perform the delegated Functions and
Duties and to fulfill the terms of this Agreement are those provided by statute and duly
adopted rule, and are generally the same as those required of ADEQ personnel. The
performance of the delegated Functions and Duties by the LA shall conform to ADEQ
statutes, rules, policies and guidance. Program-specific standards of performance are
identified in the Appendices of this Agreement.
2. ADEQ shall provide the LA with periodic training upon the request of the LA.
3. ADEQ shall provide operating guidance for use in implementing the terms of this
Agreement concurrent with the execution of this Agreement. ADEQ will use its best
efforts to provide the LA with new and/or updated guidance prior to or shortly after the
effective date of the guidance. The guidance shall, at a minimum, include Engineering
Bulletins, program guidance memoranda, substantive policy statements, copies of all
applicable forms, policies and procedures, and other material that may assist the LA to
carry out the delegated Functions and Duties specified in this Agreement. The LA may
contact ADEQ for clarification or guidance on procedural or technical issues.
4. In the event of any dispute between the LA and a third party regarding the LA's
interpretation or application of ADEQ statutes, rules, policies and guidance, ADEQ shall,
if requested by the LA, provide timely assistance and direction to the LA.
5. Public Disclosure of Confidential Information Prohibited. ADEQ and LA shall comply
with prohibitions on public disclosure of confidential information related to critical
infrastructure in A.R.S. § 41-1803(G) and drinking water system security vulnerability
assessments in A.R.S. § 49-205.
C. FEE AUTHORITY AND TYPES OF FEES
1. To the extent permitted by law, ADEQ delegates the authority to collect fees
under its established fee rules to assure the LA may accomplish delegated
Functions and Duties according to the applicable standards.
Unless otherwise provided by statute, fees imposed by the LA shall be limited to the cost
of service, including all direct and indirect costs.
2. Fees are authorized by, and shall conform to, the requirements of state laws and rules and
LA ordinances.
3. All fees collected by the LA pursuant to this Agreement shall be retained by the LA as
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consideration for performing the Functions and Duties described in this Agreement.
D. QUALIFICATIONS OF PERSONNEL RESPONSIBLE FOR EXERCISING THE
DELEGATED FUNCTIONS, POWERS AND DUTIES
1. The required personnel qualifications for exercising each Program's delegated Functions
and Duties are identified in the corresponding Appendix to this Agreement.
2. The LA represents that it employs or contracts with all personnel required for the
performance of the services under this Agreement. Such personnel shall not be
employees of, nor have any contractual relationship with, ADEQ unless otherwise
specified herein.
3. All the services required hereunder shall be performed by the County or its contractors,
so tong as delegated agency employees have the final signoff on any decision and do any
actual enforcement work, and all personnel engaged in the work shall be fully qualified
and shall be authorized under state and local law to perform such services. It is further
agreed that the LA warrants that it is fully qualified and authorized under state and local
law to perform the services contemplated under this Agreement.
4. Conflict of Interest: Either party may cancel this Agreement for conflict of interest in
accordance with Paragraph 0 of this Agreement, without penalty or further obligation,
pursuant to A.R.S. § 38-511.
E. E-VERIFY
To comply with A.R.S. § 41-4401(A), each party hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A). If either party uses any subcontractors in performance of this Agreement,
subcontractors shall warrant their compliance with all federal immigration laws and
regulations that relate to its employees and A.R.S. § 23-214(A). A breach of this
warranty shall be deemed a material breach of the Agreement subject to penalties up to
and including termination of this Agreement. Each party retains the legal right to inspect
the papers of any contractor or subcontractor employee who works on the Agreement to
ensure that the contractor or subcontractor is complying with this warranty.
F. NON-DISCRIMINATION
Pursuant to Title 41, Chapter 9, Article 4 of the Arizona Revised Statutes and Executive
Order 2009-09, the Contractor shall provide access to equal employment opportunities
for all persons, regardless of race, color, religion, sex, age, national origin, or political
affiliation, and to all other applicable State and Federal employment laws, rules, and
regulations, including the Americans with Disabilities Act. Both parties shall take
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affirmative action to ensure that applicants for employment and employees are treated
without regard to race, age, color, religion, sex, or national origin and in compliance with
the Americans with Disabilities Act.
G. RECORD KEEPING AND REPORTING REQUIREMENTS
Pursuant to A.R.S. § 35-214; to the Arizona State Library, Archives and Public Records
General Records Retention Schedule Issued to All State and Local Agencies
Administrative and Management Records; and to this agreement, both parties shall
maintain all data, books, accounts, reports, files and other records relating to this
Agreement and performance of the delegated Functions and Duties as specified in this
Agreement for a period of ten years from the date of completion of this Agreement; any
litigation, claim, negotiation, audit, cost recovery, or action involving the records has
been completed; or from the date of complete resolution of any dispute, contested case,
action against a party, or any appealable agency action, unless a longer period is required
by statute or rule. All records shall be subject to inspection and audit by the State at
reasonable times. Upon request, either Party shall produce the original of any or all such
records.
2. The LA agrees to create and submit reports related to its performance of the delegated
Functions and Duties as specified in this Agreement. The reports shall be created and
submitted to ADEQ in accordance with the specifications in the Appendices to this
Agreement.
H. OVERSIGHT ACTIVITIES
1. ADEQ reserves the right to accompany LA personnel on inspections and may review all
records relating to the LA's performance of the delegated Functions and Duties as set
forth in this Agreement. Where practicable, ADEQ shall provide prior notice to the LA of
its intent to accompany LA personnel on inspections. LA personnel may accompany
ADEQ inspectors on inspections for purposes of training, information sharing or
coordinating LA and ADEQ activities. Where practicable, the LA shall provide prior
notice to ADEQ of its request to accompany ADEQ inspectors on inspections.
2. Periodically, the ADEQ delegating program shall conduct an evaluation of the LA's
performance of the delegated Functions and Duties. Either party to this Agreement may
request that the frequency of evaluations be increased. The initial results of all program
evaluations shall be in writing and shall be communicated to the LA and the Office of
Administrative Counsel in a draft report. The LA is entitled to comment on the draft
report. After ADEQ'S response to comments, the ADEQ delegating program shall
finalize the report and transmit a copy to the LA and the Office of Administrative
Counsel. The final reports of all program evaluations are public documents pursuant to
A.R.S. § 39-121 et seq.
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1. DELEGATION OF ENFORCEMENT AUTHORITIES; LOCAL AGENCY
OBLIGATIONS
1. This Agreement is subject to the provisions of A.R.S. § 49-106 concerning statewide
application of rules.
2. As a supplement to any independent statutory authority LA may have, LA is hereby
delegated the enforcement authorities pursuant to A.R.S. §§ 44-1307, 49-141, 49-142,
49-261, 49-262, 49-354 (A) and (B), as applicable to the delegated Functions and Duties
specified in this Agreement.
3. The LA shall be responsible for initiating timely and appropriate enforcement actions for
alleged violations by individuals and facilities affected under this Agreement. The LA
agrees to the extent practical to make compliance determinations and conduct
enforcement actions in accordance with ADEQ's Compliance and Enforcement
Handbook. The LA shall use inspection checklists and boilerplate documents provided by
ADEQ or such documents that contain the same content as those documents provided by
ADEQ.
4. ADEQ retains its authority to take an enforcement action against any individual or
facility, the regulation of which is specified in this Agreement. At its discretion, ADEQ
may refrain from exercising such authority if ADEQ determines that the enforcement
action taken by the LA is timely, appropriate and effective. Except in a case involving an
immediate threat to the public health, safety or environment, ADEQ shall give the LA 30
days' prior written notice of its intent to initiate an enforcement action if the LA fails to
initiate such enforcement action. In a case involving an immediate threat to the public
health, safety or environment, ADEQ shall make its best efforts to notify the LA prior to
its undertaking such an enforcement action.
5. Where appropriate, and if there is no conflict with applicable environmental statutes and
rules, LA may conduct enforcement action using the authority provided by A.R.S. Title
36 or A.R.S. Title 49, Chapter 3, Article 3. Nothing herein shall preclude LA from
independently initiating enforcement action pursuant to its own authority under A.R.S. §§
36-602, 36-603, 49-143, and 49-144, or any other civil or criminal statute or local
ordinance, or from pursuing any other available legal or equitable remedy.
6. In those cases where the Attorney General has exclusive authority to bring an action to
collect civil penalties, ADEQ shall timely notify the Attorney General of the LA's request
to initiate an enforcement action, and such enforcement action shall be coordinated
among the LA, ADEQ, the Attorney General and the LA's County Attorney.
7. In cases of civil enforcement, the LA and ADEQ shall coordinate litigation and
settlements, unless the LA has independent statutory enforcement authority. The LA and
ADEQ may act as co-plaintiffs in order to maximize resources.
8. In cases where LA and ADEQ are co-plaintiffs involving alleged violations that require
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civil penalties to be deposited in the state general fund, all civil penalties collected shall
be forwarded to ADEQ with copies of court documentation for deposit into the state
general fund. Unless otherwise required by law, in all other cases where LA and ADEQ
are co-plaintiffs, all civil penalties collected shall be divided equally unless other
mutually agreeable arrangements are made prior to the commencement of the action.
9. ADEQ may execute compliance initiatives directed at certain classes of violations or
facilities that are alleged to be in violation of applicable statutes or rules. When possible,
ADEQ will provide the LA with 30 days' prior written notice of such initiatives. To the
best of its ability, the LA agrees to cooperate in the successful execution of such
compliance initiatives that involve facilities, the regulation of which has been delegated
by this Agreement.
J. APPEALS OF LOCAL AGENCY ACTIONS
1. Unless otherwise provided by statute, LA shall conduct administrative hearings for
appeals of licensing decisions and enforcement actions taken by the LA under the
delegated Functions and Duties of this Agreement in accordance with the A.R.S. Title 41,
Chapter 6 Administrative Procedures, A.R.S. § 41-1092 et seq., and the Office of
Administrative Hearings, Rules of Procedure, Arizona Administrative Code (A.A.C.) R2-
19-101 et seq. The LA shall use administrative law judges provided by the Office of
Administrative Hearings (OAH).
2. If an OAH administrative law judge conducts an administrative hearing under this
Agreement, ADEQ shall pay for the OAH's costs on behalf of the LA related to the
hearing, subject to availability of funds. Pursuant to A.R.S. §35-154(A), every payment
obligation of the State under this Contract is conditioned upon the availability of funds
appropriated or allocated for the payment of such obligation. If funds are not allocated
and available for the continuance of this Contract, this Contract may be terminated by the
State at the end of the period for which funds are available. No liability shall accrue to
the State in the event this provision is exercised, and the State shall not be obligated or
liable for any future payments or for any damages as a result of termination under this
paragraph.
3. The LA, the LA's County Attorney, or counsel retained by LA, shall represent the LA at
all administrative hearings. Nothing in this agreement mandates that the LA contract for
the services of administrative law judges with respect to administrative hearings
involving matters arising from the LA's independent authority, functions and duties.
4. Pursuant to A.R.S. § 12-904, if the OAH administrative law judge grants or denies the
relief requested, either the appellant or the LA may file a complaint in superior court
within 35 days after the decision.
5. The LA shall provide ADEQ an annual report by July 31' of appeals filed and their final
resolution.
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K. LICENSING AUTHORITY
1. The LA agrees to comply with the overall time frames set forth in A.A.C. R18-1-525
when issuing licenses pursuant to delegated Functions and Duties under this Agreement.
The LA shall provide an annual report within 30 days after the end of the calendar year to
ADEQ indicating the number of licenses issued that year, by general type of license, and
the number of licenses that exceeded the licensing time frame for the licensing decision.
If the LA fails to meet a licensing time frame, the annual report shall indicate the
reason(s) why the licensing time frame was missed and the corrective action the LA has
taken. If the LA demonstrates a pattern of failing to meet the required licensing time
frames, ADEQ shall assist the LA in correcting the deficiencies in LA's licensing
procedures.
2. The LA shall submit the annual reports described in subsection 1 of this Section to the
ADEQ primary contact person designated in Appendices A, B and C of this Agreement.
L. LOCAL AGENCY INDEPENDENT AUTHORITY; SUBDELEGATION
1. ADEQ's delegation of Functions and Duties to a municipality within the LA's boundaries
shall in no way infringe upon, reduce or usurp the LA's right, authority and responsibility
to implement non-delegated authorized activities and programs.
2. The LA may not sub delegate Functions and Duties delegated pursuant to this Agreement
to another local government agency or political subdivision without obtaining the prior
written approval of the Director, Deputy Director, or appropriate Division Director of
ADEQ.
3. ADEQ shall provide the LA a copy of any delegation agreement it has entered into with a
municipality, located in whole or in part within the LA's boundaries.
4. If LA has its own health and environmental code which covers matters delegated to a
municipality by ADEQ it is agreed that such municipal delegations will be executed
jointly by ADEQ and the LA.
M. CONFLICT RESOLUTION PROCEDURES
1. This Agreement shall be governed by and construed in accordance with the laws of the
State of Arizona and the Arizona Procurement Code.
2. In the event of any judicial proceeding related to this Agreement or any unauthorized
Subcontract the parties agree that venue shall be proper in Maricopa County, Arizona.
3. The parties agree to resolve all disputes arising out of or relating to this Agreement
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through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S. § 12-1518, except as may be required by other applicable statutes.
Each party shall bear its own arbitration fees, attorney fees and costs. The decision of the
arbitrator is final and binding upon the parties.
N. AMENDMENT PROCEDURES
1. Either party may seek to amend this Agreement. An amendment to this Agreement shall
be in writing, shall be executed by the Director of ADEQ, the Director of the LA, the
Chairman of the LA's Board of Supervisors, the Clerk of the LA's Board of Supervisors,
and shall be approved as to form by the Attorney General and the LA's County Attorney.
Amendments shall comply with the provisions in A.R.S. § 41-1081, including Public
Notice and Comment.
2. Amendments to this Agreement shall be effective 30 days after written notice of ADEQ's
final decision to amend this agreement and approval by all parties.
0. TERMINATION PROCEDURES
1. This Agreement may be terminated, in whole or in part, by either party upon providing
30 days' prior written notice by certified mail to the other party. The notice shall specify
the effective date of termination.
2. The LA shall, prior to the termination of all or part of this Agreement, deliver to the
ADEQ Director all finished or unfinished files, public documents, pending applications
received by the LA for those delegated Functions and Duties, and pending inspection
documents related to those delegated Functions and Duties being terminated, and a
summary status report of those delegated Functions and Duties, and shall provide written
notification of the effective date of termination to all persons with pending applications
and to all regulated facilities affected by the termination of this Agreement.
P. TERM OF AGREEMENT
This Agreement is effective 30 days after the Director gives written notice of final decision to
enter into this Agreement and approval by all parties. This Agreement shall expire on June 30,
2050. If a new Agreement is not executed by that date, ADEQ and the LA may agree to extend
this Agreement by filing an amendment in accordance with Section N of this Agreement.
Q. NAME AND ADDRESS OF PRIMARY CONTACT PERSONS
ADEQ Diane L. Amst
Regulatory and Policy Analyst
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Arizona Department of Environmental Quality
1110 W. Washington Street
Phoenix, AZ 85007
(602) 771-2375
da2@azdeq.gov
LA Steven Goode, Director
Maricopa County
Environmental Services Department
1001 North Central Avenue, Suite 400
Phoenix, AZ 85004
The name of a successor to any of the above-named individuals shall not require the execution of
an amendment to this Agreement.
R. SEVERABILITY
The provisions of this Agreement are severable to the extent that any provision or
application found to be invalid shall not affect any other provision or application of the
Agreement, which shall remain in effect without the invalid provision or application.
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Appendix A
To
#ADEQ16-128212
Maricopa County
Water Quality Management
A. Delegated Functions and Duties:
The LA agrees to perform those delegated Functions and Duties listed in the following table:
Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
R18-9-101;
R18-9-110;
1. General functions and duties pertaining to the R18-9-A301(A)(1),
administration of Type 1 and Type 4 General (A)(4), (B) and (D);
Aquifer Protection Permits delegated to the RI 8-9-A302 through
LA pursuant to this table. The extent of the R1 8-9-A308;
applicable rules for these general functions R18-9-A309 except
and duties shall be limited to those relevant to (E); R18-9-A310 Cl, C2, C3, C4 D1.1 - D1.4
the approvals, authorizations and permits except (D)(1)(d) and
which are herein delegated to the LA. (H); R18-9-A311
Delegated functions and duties are further through A313; R18-9-
limited in Subpart B. A314 except (3)(b);
R18-9-A315; and
R18-9-A316 except
(B)
2. Complaint response, compliance assistance,
and compliance and enforcement
responsibilities for the following Type 1
General Aquifer Protection Permits:
1.07 Dockside facilities and watercraft
1.08 Earth pit privy
1.09 On- site wastewater treatment facilities
and sewage treatment facilities R18-9-B301(G), (H),
approved by the Department before (I), (J), and (K). Cl, C2, C3, C4 D1.1 - D1.4
January 1, 2001 operating under a
general permit before January 1, 2001
with a flow less than 20,000 gallons per
day
1.10 Sewage collection systems subject to
R18-9-B30(J)
1.11 Sewage collection systems subject to
R18-9-B301(K)
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Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
1 Application review, inspection, issuance or
denial of Construction and Discharge
Authorizations, compliance and enforcement R18-9-E302 and
tasks for the 4.02 General Aquifer Protection relevant rules listed for Cl, C2, C3, C4 D1.1 - D1.4
Permit for a Septic Tank System with Item #1
Disposal by Trench, Bed, Chamber
Technology, or Seepage Pit with a design
flow of less than 3000 gallons per day.
Licensing decision for
issuance or denial of a
Construction
4. Application review, inspection, issuance or Authorization or
denial of Construction and Discharge Discharge
Authorizations, compliance and enforcement Authorization for
for the following 4.03 through 4.22 General General Permits 4.04,
Aquifer Protection Permits for On-Site 4.08, 4.12, 4.15 and D1.1 -D1.4
Wastewater Treatment Facilities with a 4.22:
design flow of less than 3000 gallons per day Cl, C2, C3
(delegation is granted for those general Relevant rules listed
permits that are not stricken): for Item #1 and: All other functions
and duties:
Cl, C2, C3, C4
4.03 Composting toilet R18-9-E303
4.04 Pressure distribution system R18-9-E304
4.05 Graveness trench R18-9-E305
4.06 Natural seal E-T bed R18-9-E306
4.07 Lined E-T bed R18-9-E307
4.08 Wisconsin mound R18-9-E308
4.09 Engineered pad system R18-0-E309
4.10 Intermittent sand filter R18-9-E310
4.11 Peat filter RI 8-9-E311
4,12 Textile filter R18-9-E312
4.13 Denitrifying w/separated wastewater RI 8-9-E313
4.14 Sewage vault R18-9-E314
4.15 Aerobic system R18-9-E315
4.16 Nitrate-reactive media filter R18-9-E316
4.17 Cap system R18-9-E317
4.18 Constructed wetlands R18-9-E318
4.19 Sand-lined trench R18-9-E319
4.20 Disinfection devices R18-9-E320
4.21 Surface disposal R18-9-E321
4.22 Subsurface drip irrigation R18-9-E322
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Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
Licensing decision for
5. Application review, inspection, issuance or issuance or denial of a
denial of Construction and Discharge Construction
Authorizations, compliance and enforcement Authorization or
for the 4.23 General Aquifer Protection R18-9-E323 and Discharge
Permit for On-Site Wastewater Treatment relevant rules listed for Authorization: D1.1 - D1.4
Facilities with a design flow from 3000 to Item #4. Cl, C2, C3
less than 24,000 gallons per day .
All other functions
and duties:
Cl, C2, C3, C4
Licensing decision for
issuance or denial of a
6. Application review, inspection, issuance or Construction
denial of Construction and Discharge Authorization or
Authorizations, compliance and enforcement R18-9-E301 and Discharge
for the 4.01 General Aquifer Protection relevant rules listed for Authorization; D1.1 — D1.4
Permit for Sewage Collection Systems Item #1. Cl, C2, C3
' All other functions
and duties:
Cl, C2, C3, C4
7. Complaint response and compliance
assistance for private residential Gray Water R18_9 - 701 ,
Systems authorized by the Type 1 R18-9-708(A), and Cl, C2, C3, C4 D1.1 - D1.4
Reclaimed Water General Permit R18-9-711 except (C)'
8. Certificate of Approval for Sanitary Licensing decision for
Facilities for Subdivisions issuance or denial of a
R18-9-A309(A)(8)(c); certificate: Cl, C2, C3
• Application review, inspection, and R18-5-401 through D1.1 -D1.4
certificate issuance or denial as appropriate R18-5-411 All other functions
and duties: Cl, C2,
• Compliance and enforcement C3, C4
Per A.R.S. §49-204.
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Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
. Public Water Systems
Approval to Construct (ATC) and Approval A.A.C. R18-4-103 as
of Construction (AOC), including in the related to definitions, Licensing decision for
Town of Queen Creek Water Service Area R18-4-213, R18-4-215 issuance or denial of
delineated in Attachment 1 [except (F) through an ATC or AOC
(I)], R18-4126 , R18- Certificate: Cl, C2 D1.1 - D1.4;
• Application review, construction 5-501 through R18-5- D2.1
inspection, and certificate issuance or denial 509, A.R.S. 41-1009 All other functions
as appropriate2 inspection and A.R.S. arid duties: CI, C2,
49-354 enforcement C3, C4
• Compliance and enforcement related to ATC/AOC
10. Public Water Systems, including in the A.A.C. R18-4-101, Surface Water
Town of Queen Creek Water Service Area R18-4-102, R18-4-103 Treatment Sanitary
delineated in Attachment 1 [except the Survey
incorporation by
• Monitoring & Reporting compliance reference to 40 CFR Cl, C2
determinations and related enforcement for 141.4 and except for
delegated systems subsections (C) and 01.1 — 01.4
• Conduct Sanitary Surveys (compliance (D)], R18-4-104 All other functions
inspections) to ensure Proper operation and through R18-4-114, and duties
maintenance of water systems — as R18-4-117 through
appropriate R18-4-126, R18-4- Cl, C2, C3, C4
201 through R18-4-218
• [except R18-4-216]
11. Public and Semipublic Swimming Pools Licensing decision for
issuance or denial of
• Application review, construction A.A.C. R18-5-201 an ATC & AOC
inspection, and certificate issuance or denial through R18-5-251, certificates; Cl,C2, D1.1 —D1.4
as appropriate A.A.C. R18-4-103 as C3
related to definitions,
• Compliance and enforcement R18-4-213 All other functions
and duties: Cl, C2,
C3, C4
B. Exceptions and Special Provisions
The delegated Functions and Duties specified in Subpart A of this Appendix shall be subject to the
following exceptions and special provisions:
1. ADEQ will provide the LA a copy of the draft Individual Aquifer Protection Permit for review and
comment for any sewage treatment facility proposed within the LA's jurisdictional boundaries.
2. ADEQ and the LA shall jointly develop and approve a schedule of training for administering
delegated Functions and Duties.
2 Includes water line extensions and booster pump facilities oily.
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3. ADEQ and the LA shall jointly develop and approve the process to ensure maintenance of LA
proficiencies for the administration and implementation of delegated Functions and Duties in
Appendix A, Subpart A.
4. The Director of ADEQ shall not accept, directly from an applicant any application package that
involves the performance of a delegated Function or Duty. However, if the Director of ADEQ
determines there is a compelling reason for ADEQ to review and/or approve an application package
that involves a delegated Function or Duty, the LA shall provide the application package to ADEQ
upon written request by the Director of ADEQ. ADEQ shall forward a copy of the completed file to
the LA for any application package reviewed by ADEQ.
5. Functions, and Duties of ADEQ related to the following facilities are NOT delegated:
a. Public water systems, wastewater or swimming pool facilities (1) owned by the federal
government or the State of Arizona, (2) owned or operated by the LA, or (3) owned or operated
by districts subject to the control of the LA. A private facility to be dedicated to the LA after
completion of construction may be reviewed by the LA if all approvals and licenses are issued to
the owner of the private facility prior to the date of the dedication to the LA.
b. Those relating to facilities financed, either wholly or in part, with federal grant funds administered
by ADEQ. ADEQ shall provide a list of such facilities to the LA.
c. Those related to the implementation of A.A.C. R18-9-A312(G) where:
i. the request is beyond the scope of the technologies delegated to the LA.
ii. the request proposes a change to the listed performance criteria or hydraulic loading rates
specified in A.A.C. R18-9-E302 through R18-9-E323, A.A.C. R18-9-A309(E) or in any
ADEQ approved design reference document.
iii. the request proposes a change to the relationship between soil absorption rate and either the
percolation rate or the soil type, as established in A.A.C. R18-9-A312(D)(2)(b), except for
adjustments due to the fraction of rock present in native soil.
iv. the request proposes a change to the relationship between the total coliform concentration,
and the minimum vertical separation from groundwater or from a subsurface limiting
condition, as established in A.A.C. R18-9-A312(E).
6. Final approval of any public water system, wastewater facility or swimming pool facility which is
designed by or for the LA, or for a capital improvement project, is NOT delegated to the LA. This
exception does not prohibit or otherwise affect later assignment or transfer to the LA of a public water
system, wastewater facility or swimming pool facility having a construction completion approval
issued by the LA.
7. ADEQ and LA agree to co-inspect wastewater facilities, where feasible, for training and coordination
purposes.
8. For purposes of performing and reporting delegated Functions and Duties outlined in Appendix A, the
LA shall use forms provided by the ADEQ. The LA may use other forms that include the required
information pursuant to 18 A.A.C. 9, Article 3 and 18 A.A.C. 5, Articles 4 and 5 for the purposes of
performing and reporting delegated Functions and Duties provided that the LA receives prior written
approval from the Water Quality Division Director.
9. ADEQ shall maintain a list of proprietary and other reviewed products that may be used for on-site
wastewater treatment facilities in accordance with A.A.C. R18-9-A309 (E) and retains the
responsibility to receive and process all requests for product review in connection with this list.
10. For the purposes of determining project costs under this agreement, project cost is determined by the
sum of the following cost categories:
Page 5 of 10

(a) preparation of submittal quality design documents and related application documents for the
project proposed for installation,
(b) all equipment/components/materials delivered to the construction site,
(c) all excavation & backfill,
(d) all installation of equipment/components/materials, and
(e) all tasks associated with pre-operational testing & startup.
11. The LA shall also provide ADEQ with copies of any new policies relating to the performance of
delegated Functions and Duties within 30 days of the policy becoming final.
C. Personnel Qualifications
Subject to Subpart D, the Functions and Duties itemized in Subpart A shall be performed by individuals
with specified minimum personnel qualifications. Where more than one personnel qualification category
is shown in Subpart A, LA personnel performing the itemized functions and duties may qualify under any
listed category, subject to the noted limitations.
Duties shall be performed by:
1. A Professional Engineer registered in the State of Arizona pursuant to A.R.S. § 32-123 and R4-30-
224; or
2. An individual who is an Engineer-in-Training pursuant to A.R.S. § 32-101, or an Engineer-in-
Training candidate pursuant to A.A.C. R4-30-222 who successfully completes the engineer-in-
training examination within 6 months after date of hire, or a graduate of a four-year engineering
degree program accredited at the time of graduation by the Accreditation Board for Engineering and
Technology or its predecessor organization, and who is directly supervised by a Professional Engineer
registered in the State of Arizona; or
3. A Registered Sanitarian who is registered in the State of Arizona pursuant to A.R.S. § 36-136.01,
A.A.C. R9-16-403 and R9-16-404 and who meets the continuing education requirements in R9-16-
405; or
4. A Registered Sanitarian candidate who has applied to take the Sanitarian examination under R9-16-
402 and is issued a certificate of registration within 6 months after the date of hire, and who meets the
continuing education requirements in R9-16-405 who is directly supervised by a Registered Sanitarian
registered in the State of Arizona.
D. Standards of Performance:
The LA shall comply with specified standards of performance for the Functions and Duties itemized in
Subpart A. The following LA standards of performance apply to this Appendix:
1. General Provisions
1.1 The LA shall process applications to reach a licensing decision for delegated Functions and Duties
itemized Subpart A of this Appendix under the framework of A.A.C. R18-1-501 through 524, and
within the applicable time frames specified in A.A.C. R18-1-525, Tables 5, and 10 as amended.
More than 300 services
4.02 — 4.23
General Permit
Page 6 of 10

Per0 Aathogly OveriiiC imeframe
Standard Single 4.02, A.A.C. R18-9-E302,
4.03, 4.13, and 4.14 A.A.C. R18-9-E303, 73
General Permits less than A.A.C. R18-9-E313,
3,000 gallons per day A.A.C. R18-9-E314
Standard Combined Two
or three Type 4 General A.A.C. R18-9-E302 through
Permits less than 3,000 R18-9-E322
gallons per day
Complex Combined Four
or more Type 4 General A.A.C. R18-9-E302 through 136
Permits less than 3,000 R18-9-E322
gallons per day
4.23 General Permit A.Ai.g::R1M-E323 136
A312G Request* A.A.C. R18-9-A312(G)
Subdivision 49-104(3)(11)
individual Facilities A.A.C. R18-5-408 67
Community Facilities A.A.C. R18-5-403
Drinking Water ATC A.R.S. § 49-353
Standard A.A.C. R18-5-505 53
Complex
_Drinking Water AOC A.R.S. § 49-353•
Standard A.A.C. R18-5-507 53
Complex . A.A.C. R18-5-507 83
swimming Pool Water
ATC
Standai
Complex
Swimming Peel Water
AOC
Standard A.A.C. R18-5-204 52
Complex A.A.C. R18-5-204
*Each request for an alternative design, installation, or operational feature under RI 8-0-A312(G) to a Type 4 General
Permit adds eight business days to the substantive review timeframe.
1.2 Accurate file records shall be maintained by the LA showing evidence of application processing and
the licensing including date, basis and stipulations, if any, for all licenses issued or denied, including
those prepared by or under the supervision of a Professional Engineer registered in the State of
Arizona.
1.3 If the project reviewed by the LA involves disposal or discharge of wastewater to a water of the
United States, the LA shall direct the applicant to ADEQ (or the U.S. Environmental Protection
Agency) for any necessary permits.
1.4 The LA shall incorporate within 60 business days of notification the update for any form, procedure
or practice applicable to the delegated program.
2. Drinking Water Systems
2.1 Compliance inspections of public drinking water systems shall be performed at least once every
three years, except that facilities using surface water supplies shall be inspected annually. Inspections
shall cover facility operations and maintenance and compliance with applicable regulatory requirements
including, but not limited to, monitoring, reporting, public notification, operator certification, plan
approval and conformance with any existing compliance schedules.
Page 7 of 10

E. Reporting Requirements:
The LA shall report program information for Functions and Duties delegated to the LA as listed in
Subpart A of this Appendix.
1. General Provisions. The LA shall submit annual reports described in this Subpart. Reports shall be
submitted on forms provided by ADEQ and shall be sent to ADEQ within thirty (30) calendar days
after the end of the reporting period, preferably in electronic format. The LA shall send reports to:
Delegation Program Specialist
Water Quality Division
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
delegations@azdeq.gov
2. Public Water Systems. The LA shall submit the following information:
a. Approvals to Construct issued.
b. Construction inspections performed.
c. Approvals of Construction issued.
d. Approvals to Construct and Approvals of Construction issued exceeding maximum licensing time
frames.
e. Exception reports for Approvals which exceeded the maximum licensing time frame.
f. Appeals of LA decisions filed by applicants.
g. Compliance inspections performed
h. Complaints handled.
i. Safe Drinking Water Information System/State (SDWIS/State) inventory update forms.
3. Type 4 General Aquifer Protection Permits (On-site Wastewater Treatment Facilities and Sewage
Collection Systems). The LA shall submit the following information:
a. The numbers for issued Discharge Authorizations and denied Discharge Authorizations for Type
4 General Permits delegated to the LA.
b. The number of issued Discharge Authorizations exceeding overall licensing time frames.
c. Exception report for each Discharge Authorization which exceeded the overall licensing time
frame.
d. The number of appeals of LA decisions filed by applicants and the disposition status for each
appeal.
e. The numbers for alternative features approved pursuant to A.A.C. R18-9-A312(G) for the issued
Discharge Authorizations and for the denied Discharge Authorizations reported in item 3.a above.
f. The number of completed Notice of Transfer forms received.
4. Subdivisions. The LA shall submit information on the number and license category of Certificates of
Approval for Sanitary Facilities for Subdivisions issued by the LA.
5. Public and Semipublic Swimming Pools and Spas. The LA shall submit the following information:
a. Approvals to Construct issued.
Page 8 of 10

b. Construction inspections performed.
C. Approvals of Construction issued.
d. Variances approved.
e. Appeals of LA decisions filed by applicants.
f. Compliance inspections performed
g. Complaints handled.]
6. Enforcement Actions. A copy of each administrative, civil, or criminal action initiated under this
Appendix.
F. Agency Contact Persons:
The following LA employees are responsible for administering the delegated Functions and Duties
pursuant to this Appendix. The LA shall provide ADEQ written notice of any successor.
Name: Kevin Chadwick
Title: Division Manager, Water and Waste Management Division
Address: 1001 N. Central Ave, Suite 401
Phoenix, AZ 85004
Email: KChadwick@mail.maricopa.gov
The following ADEQ employees are responsible for administering the Functions and Duties pursuant to
this Appendix. ADEQ shall provide the LA written notice of any successor.
Approvals of Drinking Water Systems
Name: Karen Shanafelt
Title: Manager, Drinking Water Engineering Review
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: ks14@azdeq.gov
Drinking Water, Compliance and Enforcement
Name: Daniel Czecholinski
Title: Manager, Drinking Water Section
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: dc5@azdeq.gov
Approvals of On-Site Wastewater Treatment Facilities, Sewage Collection Systems, Subdivisions,
Swimming Pools and Private Residential Gray Water
Name: Luke Peterson
Page 9 of 10

Title: Supervisor, Aquifer Protection Permits Unit
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: 1p4@azdeq.gov
Groundwater, Compliance and Enforcement
Name: David Lelsz
Title: Manager, Inspections & Compliance Unit
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: d12@azdeq.gov
The naming of a successor to any of the above-named individuals shall not require the re-execution of or
an amendment to this Agreement.
Page 1 0 of 10

ATTACHMENT I
To
APPENDIX A
To #ADEQ16-128212
Town of Queen Creek Sewer Service Area Maps


Water Area
miles) Boundary Lints Service
Creek Area County sq Water Town Water
Queen Service Pinal 16 Legend 513••1=151. nemesmny
of in (Appx.
Town
VISTA
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Water
Creek Area County miles)
sq
Queen Service Pinal 8
RD of in (Appx.
GERMANN Town
CHANDLERIOE1914TSRD
RD KER EC RD RECKER

Area
Boundary Limits Service
Water Town Sewer
Legend et "WHIRS .• ftammaac MEN
Creek Area mile)
County
Queen Service sq 1 VISTA
of Pinal (Appx. BELLA
Town Sewer in
GERMANN
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of Pinal 5
Town Sewer in (Appx.
RD RECKER RD RECKER

Appendix B
To
#ADEQI6-128212
Marieopa County
Solid Waste Management
A. DELEGATED FUNCTIONS AND DUTIES:
The LA agrees to perform those delegated Functions and Duties that are indicated with a
Yes in the first column of the following table: Applicable statutes, rules and Title 40
Code of Federal Regulations (CFR) include those that authorize or prohibit the described
activities and those that are to be enforced during the conduct of those activities.
Dele-. Functions and Duties Applicable Rules Statutes and Personnel Stds.'Of
gated? CFRs Qualifications Performance
I. Inspection of septic A.R.S. §§ 49-141, 142; A.A.C.
Yes tank cleaners for ADEQ R18-13-1106, 1112, 1116, 1117 2 or 4 I
licensing I
2. Inspection of refuse A.R.S. §§ 49-141, 142; A.A.C.
Yes haulers2 R18-13-304, 305, 306, 308, 309, 2 or 4 2
310,311
3. Investigation of A.R.S. §§ 49-141, 142, 143,
Yes nuisance complaints, and 144; A.A.C. R18-13-303, 304 2 or 4 1 or 2
enforcement to eliminate
environmental nuisances
4. Investigation of, and A.R.S. §§ 49-701, 701.01,
Yes enforcement to eliminate 791(A)(4); A.A.C. R18-13-303, 2 or 4 2
illegal disposal of solid 304, 307, 311
waste except for waste
more specifically
described in Functions and
Duties 5,6, 7, 8, and 9
5. Investigation of and A.R.S. §§ 44-1301, 1304,
No enforcement to eliminate 1304.01, 1307 2 or 4 N/A
illegal waste tire storage
and disposal
I The purpose of this delegation is to recognize county inspections as valid for the purpose of issuance of
ADEQ septic licenses and to ensure that inspections of septic haulers is conducted at least annually.
2 The inclusion of this function in this delegation agreement is only to act as a formal process by which the
county agrees to be responsible for inspection of refuse haulers nad for ADEQ to ensure such inspections
are conducted at least annually.

Bele- Functions and Duties Applicable Rules Statutes and Personnel Stds. Of
gated? CFRs Qualifications Performance
6. Investigation of and A.R.S. §§ 49-801, 803, 811,
Yes enforcement to eliminate 812; Title 40 CFR § 279.1 2 or 4 N/A
used oil disposal to land 3
7. Investigation and A.R.S. §§ 49-801, 802.C.1, 811,
No enforcement of used oil 812; Title 40 CFR §§ 279.1, 2 or 4 N/A
generators for compliance 279.22
with storage, labeling, and
release response
requirements
8. Investigation of and
No enforcement to eliminate A.R.S. §§ 44-1321, 1322, 1324 2 or 4 N/A
illegal disposal of lead acid
batteries and unregistered
collection sites
No
9. Inspection and A.R.S. §§ 44-1321, 1322, 1324
registration of lead acid 2 or 4 N/A
battery collection and
recycling facilities
10. Inspection of
agricultural solid waste A.R.S. § 49-766(B); A.A.C.
Yes landfills operated by R18-13-304, 311 2 or 4 N/A
persons engaged in
farming or ranching on at
least 40 acres in an
unincorporated area
11. Inspection of landfills
for the disposal of solid A.R.S. § 49-766(A); A.A.C.
Yes waste resulting from R18-13-304, 311 2 or 4 N/A
residents' household
activities at single family
residences located on a
farm or ranch of more than
40 acres in an
unincorporated area
12. Approval of solid A.A.C. R18-5-409, R18-13-305,
Yes waste collection and 311, 312 1, 3, or 4 N/A
disposal provisions for
new subdivisions
3 Delegation to LA is limited to disposal of nominal amounts up to 50 gallons at any one non-generator
location.

Dele- Functions and Duties Applicable Rules Statutes and Personnel Stds. Of
gated? CFRs Qualifications Performance
13. Granting of refuse
collection frequency
Yes variances for all A.A.C. R18-13-308(B) 1 or 4 N/A
commercial accounts and
for residential areas
outside city or town limits
14. Inspection of any
No other solid waste storage, A.R.S. § 49-762.07(F) 2, 3, or 4 N/A
treatment, processing or
disposal facility other than
solid waste landfills
15. Inspection of A.R.S. §§ 49-761(D), 768; 2 or 4 N/A
Yes biohazardous medical A.A.C. R18-13-1401, 1402,
waste transporters for 1403, 1404, 1409
ADEQ registration'
B. EXCEPTIONS AND SPECIAL PROVISIONS:
1. ADEQ retains authority for approval and issuance of solid waste facility plans for
all municipal solid waste landfills and for all solid waste landfills other than
municipal solid waste landfills.
2. ADEQ retains responsibility for the administration and enforcement of all solid
waste facilities that are operated by federal, state, county or municipal agencies.
3. The LA shall retain all civil penalties assessed and collected pursuant to Subpart
A of this Appendix.
4. The LA agrees, to the extent practicable, to conduct compliance and enforcement
actions according to ADEQ policy.
C. PERSONNEL QUALIFICATIONS:
The following minimum personnel qualifications shall apply to personnel performing the
delegated Functions and Duties listed in Subpart A of this Appendix:
1. Duties shall be performed by a Registered Sanitarian registered in Arizona
pursuant to A.R.S. § 36-136.01, A.A.C. R9-16-403 and R9-16-404 and who meets
4 The purpose of this delegation is to recognize county inspections as valid for the purpose of issuance of
ADEQ registrations, and to ensure that inspections of each biohazardous medical waste transporting
vehicle for compliance with the record keeping and operational requirements listed in A.A.C. R18-13-
I409(C), (E), (F), and (G)(4) are conducted at least annually.

the continuing education requirements in R9-16-405; or
2. Duties shall be performed by or under the direction of a Registered Sanitarian
registered in Arizona; or
3. Duties shall be performed by or under the direct supervision of a Professional
Engineer registered in Arizona pursuant to A.R.S. § 32-123 and R4-30-224; or
4. Duties shall be performed by personnel with training and experience equivalent to
ADEQ's Environmental Scientist and Specialist series and under the direct
supervision of personnel with training and experience equivalent to ADEQ's
Environmental Program Manager or Program Supervisor.
D. STANDARDS OF PERFORMANCE:
The following standards of performance apply to the delegated Functions and Duties
listed on Subpart A of this Appendix:
1. The LA shall administer and enforce the health and sanitation requirements
pertaining to human excreta contained in A.A.C. R18-13-1112 through 1117 with
the following stipulations:
a. Any burial site or open dump site for human excreta approved by the LA
in accordance with A.A.C. R18-13-1112 (A) and (B), that is used more
than once, shall be considered a solid waste disposal facility and must first
submit a solid waste facility plan to ADEQ pursuant to A.R.S. § 49-762.
b. The LA shall conduct annual inspections and issue permits for all vehicles
used for the storage, collection, transportation or disposal of human
excreta.
2. The LA shall administer and enforce the health and sanitation requirements
contained in A.A.C. R18-13-301 et seq., and the environmental nuisance
requirements contained in A.R.S. §§ 49-141 through 49-144 with the following
stipulations and exceptions:
a. The LA shall annually inspect all vehicles (excluding private passenger
cars and pick-ups), that are routinely used to haul waste.
b. ADEQ shall only grant variances from the garbage collection frequency
for residential units within the city limits upon receipt of a plan approved
by the LA, in accordance with A.A.C. R18-13-308(B).
3. The LA shall administer and enforce the requirements specified in A.A.C. R18-5-
409 pertaining to solid waste disposal from new subdivisions: ADEQ shall

furnish the LA with a current list of approved disposal facilities and keep the list
updated in a timely manner. The LA shall only approve subdivisions that utilize a
facility on ADEQ's approved list.
E REPORTING REQUIREMENTS:
1. The LA shall report to ADEQ annually on any solid waste inspections conducted,
and enforcement actions, initiated or concluded (including Notices of Opportunity
to Correct, Notices of Violation, Orders), by submitting a list of each
administrative, civil, or criminal action initiated under this Agreement to the
ADEQ Agency Contact person for Solid Waste, listed in Subpart F of this
Appendix.
2. LA shall annually report to ADEQ by January 31, the following delegated solid
waste Functions and Duties for the previous calendar year in accordance with
Subpart A of this Appendix:
a. A list of all septic tank cleaners under LA permit and a list of all disposal
sites approved by LA for one time disposal of such wastes, pursuant to
A.A.C. R18-13-1112(A) and (B). The LA shall provide a list of all
inspections of septic tank cleaners conducted, including the dates the
inspections were conducted.
b. A list of all refuse haulers under LA permit. The LA shall provide the
names of refuse haulers inspected and the date(s) of inspection.
c. The LA shall report the following information:
1) The number of nuisance complaints received;
2) The name of facility/site(s) inspected and the date(s) of nuisance
complaint investigations;
3) The number of inspections revealing the presence of an environmental
nuisance;
4) The date and nature of enforcement actions taken if applicable; and
5) The date violations were corrected, if applicable.
d. The LA shall report the following information:
1) The number of complaints received alleging the illegal disposal of
solid waste;
2) The name of facility/site(s) and date(s) inspected to investigate
allegations of illegal solid waste disposal;
3) The number of inspections and the name of facility/site(s) that revealed
illegal disposal of solid waste;
4) The date and nature of enforcement action taken if applicable; and
5) The date violations were corrected, if applicable.

e. The LA shall report the following information:
1) The name and location of all sites that have applied for approval of
solid waste collection and disposal services for a new subdivision; and
2) The name and location of all sites for which approval of solid waste
collection and disposal services for a new subdivision have been issued.
f. The LA shall report the following information:
(1) The name of the entity to whom the garbage collection frequency
variance was granted and the date of issuance; and
(2) The documentation provided by the applicant or the LA that the
variance would not result in a public health hazard or nuisance, and
that fly breeding would be controlled by either biological, chemical or
mechanical means.
F. AGENCY CONTACT PERSONS:
The following LA employee is responsible for administering the delegated Functions and
Duties pursuant to this Appendix. The LA shall provide written notice to ADEQ of any
successor.
Name: Kevin Chadwick
Title: Division Manager, Water and Waste Management Division
Address: 1001 N. Central Ave, Suite 401
Phoenix, AZ 85004
Email: KChadwick@mail.marieopa.gov
The following ADEQ employee is responsible for administering the delegated Functions
and Duties pursuant to this Appendix. ADEQ shall provide written notice to the LA of
any successor.
Name: Robert Barnett
Title: Manager, Solid Waste/Hazardous Waste Section
Waste Programs Division
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: rb13@azdeq.gov
The naming of a successor to any of the above individuals shall not require the re-
execution of or an amendment to this Agreement.

APPENDIX C
To
#ADEQ16-128212
Amendment to Delegation Agreement No. EV12-0067
Relating to Air Quality Permitting Jurisdiction over Intel Ocotillo Campus


15 0 cr5•-3-0--
Amendment to Delegation Agreement No. EV12-0057
Between the
Arizona Department of Environmental Quality
and
Marieopa County
Whereas, the Arizona Department of Environmental Quality (ADEQ) and Maricopa County wish
to amend Delegation Agreement # U12-0057 (the "Agreement") to add an Appendix C relating to air
quality permitting to the Agreement.
Whereas, the Marieopa County Air Quality Department (MCAQD) is the "control officer"
authorized to enforce air pollution regulations in Maricopa County under A.R.S. Title 49, Chapter 3,
Article 3 and is the appropriate local agency to accept delegation of ADEQ's air quality permitting
authority.
Therefore, pursuant to section L(1) of the Agreement, A.R.S. §§ 11-201(A)(3), 49-107 and
A.R.S. § 41-1081, the undersigned parties agree to amend the Agreement to add MCAQD as a party and
to include in the agreement the following Appendix C relating to air quality permitting. For purposes of
Appendix C, MCAQD is the LA.
This amendment shall terminate on the effective date of the approval by the United States
Environmental Protection Agency (EPA) of the April 22, 2016 Maricopa County New Source Review
SIP Revision.
Page 1 of 7

Appendix C
To Delegation Agreement No. EV12-0057
Marieopa County
Air Quality Management
A. DELEGATED JURISDICTION AND RESPONSIBILITIES:
As a supplement to the LA's existing statutory jurisdiction, ADEQ delegates to the
LA permitting and enforcement jurisdiction over the Intel Ocotillo Campus ("Intel").
2. The LA shall exercise its statutory authority, as supplemented by this delegation, to
meet the requirements and standards established under the Federal Clean Air Act and
A.R.S. Title /9, Chapter 3. In administering this delegation, the LA shall meet the
personnel qualifications, standards of performance and reporting requirements listed
in Subparts C, D and E of this Appendix.
B. RESERVED JURISDICTION AND RESPONSIBILITIES:
This Agreement does not preclude ADEQ from asserting jurisdiction over any source
pursuant to A.R.S. § 49-402.B.
C. PERSONNEL QUALIFICATIONS:
The following minimum personnel qualifications shall apply to personnel performing the
delegated Functions and Duties listed in Subpart A of this Appendix.
1. Permit evaluations shall be performed by, or under the direct supervision of, an
engineer qualified through air quality permitting experience or registration as a
professional engineer in the State of Arizona.
2. Duties may be performed by personnel with the minimum qualifications of two years
of college training in engineering, industrial hygiene, or a closely related field and
two years of training, education or experience which demonstrates ability to perform
the duties of the position; including 30 semester hours of college-level chemistry,
physics, engineering or closely related subjects and two years of technical experience
with industrial processes producing pollutants, pollution investigation work or two
years of experience in general enforcement of air quality related activities.
3. Inspectors must maintain current certification as a Visible Emission Observer, as
specified in Arizona Testing Manual Revision F, and attend training equivalent to
that specified in EPA Order 3500.1. Training for current inspectors must be
cetnpleted within 18 months. Training for newly hired inspectors must be completed
within 18 months of hiring.
Page 2 of 7

D. STANDARDS OF PERFORMANCE:
The following standards of performance apply, where indicated, to the delegated Functions
and Duties listed in Subpart A of this Appendix:
1. Permit Issuance Timeframes
a. Permitting activities shall be completed within the licensing time-frames
established by the applicable provisions of the Federal Clean Air Act, Code of
Federal Regulations, Arizona Revised Statutes, the overall timeframes in
Arizona Administrative Code R18-1-525, and locally applicable air quality
rules, whichever is more stringent.
b. If at any time the LA determines that the overall tintefraines in Arizona
Administrative Code R18-1-525 may be exceeded for an application, the LA
shall notify the ADEQ Air Quality Director (AQD) Director as soon as
practicable prior to exceeding the titneframes.
2. All permits shall include the elements set forth in A.A.C. R18-2-306, 309 and 325,
and shall be processed according to A.A.C. R18-2-304 and 307, or locally applicable
air quality rules, whichever is more stringent.
3. All major modifications to Intel shall be processed according to A.A.C. Title 18,
Chapter 2, Article 4, as applicable.
4. All permit revisions, reopenings, renewals, transfers, or other permit changes shall be
processed according to A.A.C. R18-2-317, 318, 319, 320, 321, 322, and 323 or
locally applicable air quality rules, whichever are more stringent.
5. Intel shall be required to submit annual emission inventories in accordance with
A.A.C. R18-2-327 or locally applicable air quality rules, whichever is more stringent.
6. Intel shall be required to pay annual fees in accordance with A.A.C. R18-2-326 or
locally applicable air quality rules.
7. Prior to denying a permit application for Intel, the LA shall obtain ADEqs approval
of the action.
8. Unannounced inspections shall be conducted in accordance with an EPA-approved
Compliance Monitoring Strategy (CMS Plan).
9. Initial response to complaints shall be done, to the extent practicable, within 5 days of
receipt of the complaint.
11, All compliance and enforcement activities shall be conducted in accordance with
ADEQ's Compliance and Enforcement Handbook or locally applicable air quality
rules and policies, whichever is more stringent.
Page 3 of 7

E. REPORTING REQUIREMENTS:
I. The LA shall file an annual report with the ADEQ AQD Director specifying the
following for Intel:
a. Number of permits issued, including the date of receipt of the application and
the date of permit issuance;
b. Number of notices of violation arid the percent of notices handled in a manner
consistent with ADEQ compliance and enforcement policy;
c. Number of inspections;
d. Number of complaints received and the percent of complaints receiving initial
follow-up within 5 working days;
e. Number of escalated enforcement cases; and
f. Description and disposition of each escalated enforcement case and amount
of penalty assessed and collected, if any.
2. The report required in Paragraph 1 of this Subpart shall be submitted within 30 days
of the anniversary date of this Agreement.
3. The LA shall provide copies of records associated with the activities specified in this
Agreement upon request by ADEQ.
D. AGENCY CONTACT PERSONS:
The following LA employee is responsible for administering the delegated Functions and Duties as
specified in this Appendix. The LA shall provide written notice to ADEQ of any successor.
Name: Philip McNeely
Title: Director
Agency: Maricopa County Air Quality Department
Address: 1001 North Central Avenue
Phoenix, AZ 85004
Phone: (602) 506-6443
Fax: (602) 372-0587
E-Mail: PhilMcncely@mail.maricopa.gov
The following ADEQ employee is responsible for administering the delegated Functions and Duties
as specified in this Appendix. ADEQ shall provide written notice to the LA of any successor.
Page 4 of 7

Name: Timothy Franquist
Title: Director, Air Quality Division
Agency: Arizona Department of Environmental Quality
Address: 1110 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 771-4684
Fax: (602) 771-2366
E-mail: tsf@azdeq.gov
The naming of successor to either of the above-named individuals shall not require the execution of
an amendment to this Agreement
Page 5 of 7

Signature Page for
Maricopa County
Amendment to Delegation Agreement No. EV12-0057
Marioya County Arizona Department of
Env men al Services Department Environmental Quality
TA- 4g/ r101
Date
Ma ricopa County
Air Quality Department
Duh. approved by the Maricopa County Board of Supervisors on MO day of
20 1 , in accordance with its authority.
Maricopa County Board of Supervisors
JAW 1 1 2017
Date
JAN 1 1 WV
Page 6 of 7

Pursuant to A.R.S. §§ 11-925(A), 11-201(A)(3), 49-107 and 41-1081, the foregoing
Agreement has been reviewed by the undersigned attorneys for the Maricopa County
Environmental Services Department and the Arizona Department of Environmental
Quality, who have determined that this Agreement is in proper form and is within the
powers and authority granted under Arizona law to their respective agencies.
J.1z...T1.1_\\5$istant Attorney General
Page 7 of 7


Signature Page for
Maricopa County
Delegation Agreement No. ADEQ16-128212
Maricopa County Arizona Department of
Environmental Services Department Environmental Quality
Steven J. Goode Date Misael Cabrera Date
Director Director
Maricopa County
Air Quality Department
Phillip McNeely, Director
Duly approved by the Marieopa County Board of Supervisors on the_day of
20 , in accordance with its authority.
Marieopa County Board of Supervisors
Denny Barney Date
Chair
Attest:
Clerk of the Board Date
Pursuant to A.R.S. §§ 11-201(A)(3), 49-107 and 41-1081, the foregoing Agreement has been
reviewed by the undersigned attorneys for the Maricopa County Environmental Services
Department and the Arizona Department of Environmental Quality, who have determined
that this Agreement is in proper form and is within the powers and authority granted
under Arizona law to their respective agencies.
Arizona Assistant Attorney General Date