CAVE CREEK AMENDMET 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 )
CONSENT ORDER
of I-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 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 a representative of Maricopa County and 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 Consent Order.
C. The Director of 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 below in
Section II. Amendment.
II. AMENDMENT
A. On Consent Order S-2-10, Section IV, paragraph A and B is stricken 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
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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.
Signed this ____ day of , 201_.
____________________________________
Laura Malone, Director
Waste Programs Division
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 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.
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Signed this ____ day of , 201_.
_____________________________________
Clint Hickman, Board of Supervisors Chairman
Maricopa County
ORIGINAL of this Consent Order was sent certified mail, return receipt requested, this ____
day of _____________, 201__, to:
CC: Via certified mail, return receipt requested on:
Clint Hickman, Board of Supervisors Chairman [Certified Mail "Z" Number]
Maricopa County
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
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