ADEQ DELEGATION AMENDMENT APPENDIX B.PDF

ARIZONA DEPARTMENT
OF
ENVIRONMENTAL QUALITY
Douglas A. Ducey Misael Cabrera
Governor Director
November 5,2015
Kevin Chadwick
Division Manager,
Water and Waste Management Division
Maricopa County Environmental Services Department
1001 North Central Avenue #200
Phoenix, AZ 85004
Re: Revised Appendix B to Delegation Agreement # EV12-0057
Dear Mr. Chadwick:
Two copies of the revisions to Appendix B of the referenced Delegation Agreement that we have
discussed, related to disposal of used oil, are enclosed for signature by Steven Goode. These revisions
appear in Part A at item 6 and in related footnote 3. Former footnote 3, related to Part A at item 15, has
been re-numbered to footnote 4. Notice of proposed amendment to the Delegation Agreement was sent to
the Secretary of State for publication to open a thirty day comment period and opportunity for public
hearing concerning Appendix 13.
Please return both signed and dated signature pages to me. After the close of the comment period, we
expect to execute the Amendment and send you a fully executed copy. Pursuant to A.R.S. § 41-1081(E),
the amended Delegation Agreement would become effective 30 days after signature by the Director of the
rizona Department of Environmental Quality.
Enclosures
CC: Pamela Nicola, Waste Programs Division
Trevor Baggiore, Water Quality Division
Main Office Southern Regional Office
1110W. Washington Street • Phoenix, AZ 85007 400W. Congress Street • Suite 433 • Tucson, AZ 85701 www.azdeq.gov
(602) 771-2300 (520) 628-6733 printed on recycled paper

Appendix B
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 1
licensing'
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, 143,144;
Yes nuisance complaints, and 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
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 land3
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

Ode- Functions and Duties Applicable Rules Statutes and Personnel Stds. Of
gated? CFRs Qualifications Performance
8. Investigation of and
enforcement to eliminate A.R.S. §§ 44-1321, 1322, 1324 2 or 4 N/A
1\10 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
13. Granting of refuse
collection frequency
Yes variances for all A.A.C. RI 8-13-308(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 registration4

'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 are
conducted at least annually.
2The 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 and
for ADEQ to ensure such inspections are conducted at least annually.
3Delegation to LA is limited to disposal of nominal amounts up to 50 gallons at any one
non-generator location.
4The 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. R18-13-1409(C), (E), (F), and (G)(4) are
conducted at least annually.
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, to the extent practicable, 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;
2. Duties shall be performed by or under the direction of a Registered Sanitarian;
3. Duties shall be performed by or under the direct supervision of a Professional
Engineer; or

4. Duties shall be performed by personnel with training and experience equivalent to
ADEQ's Environmental Health Specialist series and under the direct supervision
, of an Environmental Health Manager/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 st, the following delegated solid
waste activities for the previous calendar year in accordance with Subpart A of
this Appendix:
a. A list of all septic tank cleaners under county 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.
b. A list of all refuse haulers under county 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.

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
Maricopa County Environmental Services Department
Address: 1001 North Central Avenue #200
Phoenix, AZ 85004
Email: kchadwick@mail.maricopa.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: Pamela Nicola
Title: Manager, Inspections & Compliance Section
Waste Programs Division
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
The naming of a successor to any of the above individuals shall not require the re-
execution of or an amendment to this Agreement.

Signature Page for
Maricopa County
Revised Appendix B to Delegation Agreement # EV12-0057
Maricopa County Environmental Services Department Arizona Department of Environmental Quality
Steven Goode Date Misael Cabrera Date
Director Director
County Board of Supervisors
Steve Chucri Date
Chairman
Attest:
Clerk of the Board Date
Pursuant to A.R.S. § 11-952(D), the foregoing Agreement has been reviewed by the
undersigned attorneys for the County Environmental Services Department and Maricopa
County Air Quality 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.
County Attorney Date Arizona Assistant Attorney General Date