ADEQ-MC DELEGATION 2013 - 2050.PDF

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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 Environmental Services Department
Delegation Agreement# EV12-0057
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 Maricopa County Environmental Services Department is the local
environmental agency or county health department, hereinafter, LA, as set forth in A.R.S. § 49-
107, and
Whereas, AR. S. §§ 11-201(A)(3) and 11-952 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 Environmental
Services Department as LA, and the, LA accepts the delegation of those Functions and Duties
described in the Appendices 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) on behalf of ADEQ and in accordance with the terms
and conditions specified in this Agreement.
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A. DELEGATED FUNCTIONS AND DUTIES
The Functions and Duties that are delegated to the LA by this Agreement are identified in
Sections A through N, and in Appendices A and B of this Agreement. ADEQ statutes, 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.
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.
The LA shall annually report delegated program authority fees to ADEQ on or
before September 1. The report shall list all permits issued that year and the total
revenue for each general permit category. ADEQ shall provide the LA with a
template for the report. The report shall be delivered to ADEQ Central Office,
1110 West Washington Avenue, Phoenix, Arizona 85007, to the Office of the
Chief Financial Officer.
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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
county ordinances.
3. All fees collected by the LA pursuant to this Agreement shall be retained by the LA as
consideration for performing the Functions and Duties described in this Agreement.
D. PERSONNEL QUALIFICATIONS
The required personnel qualifications for exercising each Program's delegated Functions and
Duties are identified in the corresponding Appendix to this Agreement.
E. RECORD KEEPING AND REPORTING REQUIREMENTS
1. The LA agrees to maintain records relating to its performance of the delegated Functions
and Duties as specified in this Agreement for a period of ten years from the date of
complete resolution of any technical dispute, contested case, action against a party, or any
appealable agency action, unless a longer period is required by statute or rule.
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.
F. OVERSIGHT ACTIVITIES
ADEQ may 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. 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.
The LA shall provide prior notice to ADEQ of its request to accompany ADEQ
inspectors on inspections.
2. Periodically, ADEQ 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 in a draft report. The LA is entitled to
comment on the draft report. After ADEQ'S response to comments, ADEQ shall finalize
the report and transmit a copy to the LA. The final reports of all program evaluations are
public documents pursuant to A.R.S. § 39-121 et seq.
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G. DELEGATION OF ENFORCEMENT AUTHORITIES; LOCAL AGENCY
OBLIGATIONS
1. This Agreement is subject to the provisions of A.R.S. § 49-106.
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 shall 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. 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 intent
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
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
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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 30 day 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.
H. 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). If an OAH administrative law judge conducts an
administrative hearing under this Agreement, ADEQ shall pay for the LA's OAH hearing
related costs. 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.
2. 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.
3. The LA shall provide ADEQ an annual report by July 31 st of appeals filed and their final
resolution.
I. 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 a quarterly report to ADEQ indicating the number of licenses
issued that quarter, 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 quarterly 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.
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2. The LA shall submit the quarterly reports described in subsection 1 of this Section to the
ADEQ primary contact person designated in Appendices A and B of this Agreement.
J. 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 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.
K. CONFLICT RESOLUTION PROCEDURES
The parties may resolve a conflict arising under this Agreement through arbitration. If the parties
invoke this provision, the parties shall select a mutually acceptable third party as arbitrator. Each
party shall bear its own arbitration fees, attorney fees and costs.
L. AMENDMENT AND TERMINATION 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 § 41-1081. 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
2. 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 and in compliance with
subsection 3 of this section.
3. The LA shall, prior to the termination of all or part of this Agreement, forward to the
ADEQ Director all files, public documents and pending applications received by the LA
for those delegated Functions and Duties being terminated, a summary status report of
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those delegated Functions and Duties, and shall provide written notification to all persons
with pending applications and to all regulated facilities affected by the termination of this
Agreement.
4. The cancellation provisions of A.R.S. § 38-511, the terms of which are incorporated by
reference, shall apply to this Agreement.
M. TERM OF AGREEMENT
Unless otherwise stated, this Agreement is effective 30 days after written notice of ADEQ's
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 L of this Agreement.
N. NAME AND ADDRESS OF PRIMARY CONTACT PERSONS
ADEQ David Lelsz
Delegations Coordinator
Arizona Department of Environmental Quality
1110 W. Washington Street
Phoenix, AZ 85007
(602) 771-2212
d12@azdeq.gov
LA
For Water, Solid Waste and Hazardous Waste
John Kolman, 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.
Page 7 of 7

Appendix A
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
Title 18 of the Personnel Standards of
Functions and Duties
Arizona Qualifications Performance
Administrative Code
R18-9-101;
R18-9-110;
R18-9-A301(A)(1),
1. General functions and duties pertaining to the (A)(4), (B) and (D);
administration of Type 1 and Type 4 General R18-9-A302 through
Aquifer Protection Permits delegated to the LA R18-9-A308;
pursuant to this table. The extent of the applicable R18-9-A309 except
rules for these general functions and duties shall (E); R18-9-A310 Cl, C2, C3, C4, C5 D1.1 - D1,4
be limited to those relevant to the approvals, except (D)(1)(d) and
authorizations and permits which are herein (H); R18-9-A311
delegated to the LA, Delegated functions and through A313; R18-9-
duties are further limited in Subpart B. A314 except (3)(b);
R18-9-A315; and
R18-9-A316 except
(B) and (E)(1) I
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 R18-9-B301(G), (H),
sewage treatment facilities approved by the (I), (J), and (K). CI, C2, C3, C4, C5 D1 .I - D1.4
Department before 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-B301(J)
1.11 Sewage collection systems subject to R18-
I Will be delegated subject to a workplan
Page 1 of 9

Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
9-B301(K)
3. Application review, inspection, issuance or denial
of Construction and Discharge Authorizations,
compliance and enforcement tasks for the 4,02 R18-9-E302 and
General Aquifer Protection Permit for a Septic relevant rules listed for Cl, C2, C3, C4, C5 D1.1 - D1.4
Tank System with Disposal by Trench, Bed, Item #1
Chamber Technology, or Seepage Pit with a
design flow of less than 3000 gallons per day.
Licensing decision
for issuance or
4. Application review, inspection, issuance or denial denial of a
of Construction and Discharge Authorizations, Construction
compliance and enforcement for the following Authorization or
4.03 through 4.22 General Apuifer Protection Discharge D1.1 - D1.4
Permits for On-Site Wastewater Treatment Authorization:
Facilities with a design flow of less than 3000 Relevant rules listed Cl, C2, C3, C5
gallons per day (delegation is granted for those for Item #1 and:
general permits that are not stricken): All other functions
and duties:
Cl, C2, C3, C4, C5
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 RI 8-9-E309
4.10 Intermittent sand filter R18-9-E310
4.11 Peat filter R18-9-E311
4.12 Textile filter R18-9-E312
4.13 Denitrifying w/separated wastewater streams R18-9-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 RI8-9-E317
4.18 Constructed wetlands RI 8-9-E318
4.19 Sand-lined trench R18-9-E319
4.20 Disinfection devices RI 8-9-E320
4.21 Surface disposal RI 8-9-E321
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Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
4.22 Subsurface drip irrigation R18-9-E322
Licensing decision
for issuance or
denial of a
5. Application review, inspection, issuance or denial Construction
of Construction and Discharge Authorizations, Authorization or
compliance and enforcement for the 4.23 General R18-9-E323 and Discharge
Aquifer Protection Permit for On-Site relevant rules listed for Authorization: D1.1 - D1.4
Wastewater Treatment Facilities with a design Item #4. Cl, C2, C3
flow from 3000 to less than 24,000 gallons per
day
All other functions
and duties:
Cl, C2, C3, C4, C5
6. Application review, inspection, issuance or denial
of Construction and Discharge Authorizations, R18-9-E301 and Personnel
compliance and enforcement for the 4.01 General relevant rules listed for Qualifications same D1.1 - Dl .4
Aquifer Protection Permit for Sewage Collection Item #I. as Item #5
Systems
7. Complaint response and compliance assistance R18-9-701,
for private residential Gray Water Systems
authorized by the Type 1 Reclaimed Water RI 8-9-708(A), and CI, C2, C3, C4, C5 D1.1 - D1.4
General Permit R18-9-711 except (C)2
Licensing decision
8. Certificate of Approval for Sanitary Facilities for issuance or
for Subdivisions denial of a
R18-5-401 though certificate:
• Application review, inspection, and certificate R18-5-411 Cl, C2, C3 D1.1 - D1.4
issuance or denial as appropriate
All other functions
-Compliance and enforcement and duties:
Cl, C2, C3, C4, C5
2 Per A.R.S. §49-204.
Page 3 of 9

Applicable Rule(s) in
Functions and Duties Title 18 of the Personnel Standards of
Arizona Qualifications Performance
Administrative Code
A.A.C. R18-4-103 as
related to definitions, Licensing decision
9. Public Drinking Water Facilities: R18-4-213, R18-4-215 for issuance or
Approval to Construct (ATC) and Approval of except (F) through (I), denial of an ATC or
Construction (AOC) R18-4-217, R18-4-218, AOC Certificate: D1.1 - 01.4;
• Application review, construction inspection , R18-5-501 through Cl , C2 D2.1
and certificate issuance or denial as appropriate ' R18-5-509, A.R.S. 41- All other functions
1009 inspection and
• Compliance and enforcement A.R.S. 49-354 and duties:
enforcement related to CI, C2, C3, C4, C5
ATC/AOC
A.A.C. RI 8-4-101, Surface Water
R18-4-102, [R18-4- Treatment Sanitary
10. Public Drinking Water Systems 103 except the Survey
incorporation by Cl, C2
• Monitoring & Reporting compliance reference to 40 CFR
determinations and related enforcement for 141.4 and except for
delegated systems subsections (C) and D1.1 --D1.4
(D)], R18-4-104
• Conduct Sanitary Surveys (compliance through R18-4-114,
inspections) to ensure proper operation and R18-4-117 through
maintenance of water systems - as appropriate 125, R18-4-201 CI, C2, C3, C4, C5
through R18-4-218
except R18-4-216
11. Public and Semipublic Swimming Pools Licensing decision
Approval to Construct (ATC) and Approval of for issuance or
Construction (AOC) A.A.C. R18-5-201 denial of an ATC &
• Application review, construction inspection, through A.A.C. R18-4- R18-5-251, 103 as AOC certificates: 01.1 - D1.4
and certificate issuance or denial as appropriate related to definitions, Cl, C2, C3 02.1
• Compliance and enforcement R18-4-213 All other functions
and duties:
Cl, C2, C3, C4, C5
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.
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2. Within 60 days after the effective date of this Agreement, ADEQ and the LA shall jointly develop and
approve a schedule of training for administering delegated Functions and Duties.
3. Within 180 days after the effective date of this Agreement, 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. Drinking water, 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 drinking water facility, 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 drinking
water facility, 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 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
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sum of the following cost categories:
(a) preparation of submittal quality design documents and related application documents for the
project proposed for installation,
(h) 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. Within 60 days of the effective date of this agreement, the LA shall provide ADEQ copies of all
existing LA written policies utilized by the LA to perform delegated Functions and Duties. 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 (equivalent of ADEQ Environmental
Engineer position).
2. An individual who is an Engineer-in-Training candidate (A.A.C. R4-30-222, equivalent to the ADEQ
Engineering Aide position), and who is directly supervised by a Professional Engineer registered in
the State of Arizona.
3. A Registered Sanitarian with applicable experience or the equivalent of an ADEQ Environmental
Program Specialist with applicable experience who is directly supervised by a Professional Engineer
registered in the State of Arizona.
4. An individual who is either an Engineer-in-Training candidate (A.A.C. R4-30-222, equivalent to the
ADEQ Engineering Aide position) or a Sanitarian-In-Training (A.A.C. R9-16-402); who has
successfully completed 3 months training by either a Professional Engineer registered in the State of
Arizona or a Registered Sanitarian.
5. A Registered Sanitarian.
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:
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.
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More than 300 services ,,, yuppw,,,-.......,, A.A.C. R18-9-E301 .2,,i , •rt, .,tix.,0,5:L4, „. 4, . . k-,..11-,..!.44 , ..,
141.0 4 "' 0. 'v,
V.......4.1.,,ti.,..az 0,. J 4 ti ' 7.r, ! r.rr, I, a ° "....' 01';'.4 ' :„A: i I: . ,4,144tiQ/2:::V=Z•f; ,,,aalqi.
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 allons er da A.A.C. R18-9-E314
Standard Combined Two
or three Type 4 General A.A.C. R18-9-E302 through 95
Permits less than 3,000 R18-9-E322
allons r da
Complex Combined Four
or more Type 4 General A.A.C. R18-9-E302 through 136
Permits less than 3,000 R18-9-E322
•allons •er da
4.23 General Permit EICE 1111111111MIEBEIMMEll
A312G Request, Each IMEGEEMEE
:Siiiiiii1iiiii1OliN AMA ri;•A' ,-, W. 40:440tIESMXEM:11,+,..
Individual Facilities A.A.C. R18-5-408 67
Community Facilities A.A.C. R18-5-403
tef :' 4,:,:gm, ,,, ,ox.;:li,, ,,-.:6, _i - f" "-Ma., A :.i.: ' AN2a, :
Standard A.A.C. R18-5-505 53
112=111M= A.A.C. R18-5-505
lizif) - 106---- atiel. SWIM MBRINEMIZ : cA 41Zin,M1.4-',2alkr , 2 '''''77,1 . I, -,
Standard A.A.C. R18-5-507 53
A.A.C. R18-5-507 83
Standard A.A.C. R18-5-203
Complex A.A.C. R18-5-203
--,I-71Grilit - 7
Standard A.A.C. R18-5-204 52
Complex A.A.C. R18-5-204 93
* Each request for an altemat ye design, installation, or operational feature under R18-9-A312(G) to a Type 4
General Permit adds eight business days to the substantive review time-frame.
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 9

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 monthly reports described in this Subpart. Reports shall be
submitted on forms provided by ADEQ and shall be sent to ADEQ within fifteen (15) 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. Drinking Water Systems. The LA shall submit the following information:
a. Approvals to Construct issued.
b. Construction inspections performed.
c. Approvals of Construction issued.
d. -1111 ifirriI07I rriittuu:: 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, as specified by ADEQ, pertinent to Certificates of
Approval for Sanitary Facilities for Subdivision 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 9

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
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, Subdivisions, and Swimming Pools
Name: John Calkins
Title: Manager, Drinking Water Section
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Approvals of On-Site Wastewater Treatment Facilities, Sewage Collection Systems, and Private
Residential Gray Water
Name: Jerry Smit
Title: Manager, Groundwater Section
Address: Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Compliance and Enforcement
Name: Midi Cross
Title: Manager, Water Quality Compliance Section
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.
Page 9 of 9

Appendix B
Maricopa 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
1. 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 land
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

Dele- 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
NO illegal disposal of lead acid
batteries and unregistered
collection sites
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.& § 49-766(B); A.A.C.
landfills operated by R18-13-304, 311 2 or 4 N/A
Yes
persons engaged in
farming or ranching on at
least 40 acres in an
unincorporated area
11. Inspection of landfills
for the disposal of solid MU. § 49-766(A); A.A.C.
waste resulting from R18-13-304,3l1 2 or 4 N/A
Yes
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. 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 registration3

'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.
3The 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: Randall Matas
Title: Manager, Inspections & Compliance Section
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
Marieopa County
Delegation Agreement # EV12-0057
Maricopa County Environmental Services Department Arizona Department of Environmental Quality
Date
County Board of Supervisors
MAY 08 2013
Date
Attest:
7, MAY 0 8 2013
hie Board o321/Y 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 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.
rift' 1/C 1/3
y Attorney ate Arizona Assistant Attofney General