CAVE CREEK AMENDMENT 1 TO CONSENT ORDER.DOCX

BEFORE THE DIRECTOR OF THE
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
In the Matter of: )
) AMENDMENT # 1 TO
Cave Creek Landfill located at 8.3 miles east of I- )
CONSENT ORDER
17, approximately ½ mile south of Carefree )
Highway, Phoenix, Maricopa County, Arizona )
)
ADEQ Place ID #1169 ) Docket No. S-2-10
)
I. RECITALS
A. Maricopa County, a political subdivision of the State of Arizona (Maricopa County),
is the owner and/or operator of Cave Creek Landfill located at 8.3 miles east of I-17,
approximately ½ mile south of Carefree Highway, Phoenix, Maricopa County, Arizona.
B. Clint Hickman is Chairman of the Maricopa County Board of Supervisors and
Maricopa County certifies that he is fully authorized to execute this Amendment # 1 to
Consent Order S-2-10 on behalf of Maricopa County and to legally bind Maricopa
County to this Amendment #1 to Consent Order S-2-10.
C. Arizona Department of Environmental Quality (ADEQ) and Maricopa County entered
into Consent Order S-2-10, effective on January 19, 2010.
D. On May 19, 2016, Maricopa County requested a change in the frequency and content of
required written status reports to better reflect the current status of the remedial activities
taking place at the site.
E. Maricopa County and ADEQ agree to amend Consent Order S-2-10 as stated herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
and other good and valuable consideration, the adequacy and sufficiency of which is hereby
acknowledged, the parties agree as follows:
II. INCORPORATION OF RECITALS
The Recitals hereinabove are incorporated in this Amendment #1 to Consent Order S-2-10 and
made a part hereof by this reference.
Initials ____

III. STATUS REPORTS
A. On Consent Order S-2-10, Section IV, paragraphs A and B are stricken in their entirety
and the following is inserted:
A. Maricopa County agrees to submit quarterly written status reports to ADEQ every
ninety (90) calendar days, beginning the effective date of this Amendment #1 to
Consent Order S-2-10, until termination of Consent Order S-2-10. Each quarterly
status report shall describe what measures have been taken to implement the
Remedial Action Plan (RAP) and shall include soil vapor extraction (SVE) operation
reporting, groundwater treatment operation reporting, groundwater monitoring data,
and a Gantt chart depicting progress on the remedial activities detailed in Table 8-2 of
the RAP. Each quarterly status report shall be accompanied by evidence of
compliance including, as appropriate, submittal of documents, photographs or copies
of any other supporting information that Maricopa County deems necessary.
B. ADEQ will review the quarterly status report and relay any disputes in writing to
Maricopa County. Maricopa County shall incorporate all required modifications,
changes or other alterations, as requested by ADEQ.
III. EFFECTIVE DATE
The effective date of this Amendment # 1 to Consent Order S-2-10 is the date this Amendment 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 Amendment.
IV. AMENDMENT
The foregoing paragraphs contain all the changes made by this Amendment #1 to Consent Order
S-2-10. All other terms and conditions of Consent Order S-2-10 remain the same and in full
force and effect. If there is a discrepancy between the provisions of this Amendment #1 to
Consent Order S-2-10 and Consent Order S-2-10, the provisions of this Amendment #1 to
Consent Order S-2-10 shall control.
-2- Initials ____

Signed this ____ day of , 201_.
____________________________________
Laura Malone, Director
Waste Programs Division
Arizona Department of Environmental Quality
CONSENT TO ORDER
Maricopa County acknowledges and agrees:
A. With the statements made,
B. To this Amendment # 1 to Consent Order S-2-10 with the Arizona Department of
Environmental Quality,
C. That Maricopa County will comply with this Amendment # 1 to Consent Order S-2-10
and waive any right to appeal, and
D. That the Consent Order S-2-10 shall remain in full force and effect, except as modified
by this Amendment # 1 to Consent Order S-2-10.
Signed this ____ day of , 201_.
Maricopa County
_____________________________________
Clint Hickman
Chairman of the Board
ATTEST:
_____________________________________
Clerk of the Board
Approved As To Form:
_____________________________________
Deputy County Attorney
-3- Initials ____

ORIGINAL of this Amendment #1 to Consent Order S-2-10 was sent certified mail, return
receipt requested, this ____ day of _____________, 201__, to:
CC: Via certified mail, return receipt requested on:
Clint Hickman, Chairman [Certified Mail "Z" Number]
Maricopa County Board of Supervisors
301 W. Jefferson St.
10th Floor
Phoenix, 85003
CC: on:
Arizona Department of Environmental Quality
Office of Administrative Counsel
Attention: Hearing Administrator
1110 West Washington Street
Phoenix, Arizona 85007-2935
Curtis Cox, Chief Counsel
Environmental Enforcement Section
Office of the Attorney General
1275 West Washington Street
Phoenix AZ, 85007
Richard Olm, P.E.
Arizona Department of Environmental Quality
Hazardous and Solid Waste Section
Waste Programs Division
1110 West Washington Street
Phoenix, AZ 85007
-4- Initials ____