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Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: July 28, 2025 Board of Supervisors Hearing Date: September 10, 2025 Case #/Title: ES-2024-02/Solid Waste Variance Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve the proposed revision to the Maricopa County Environmental Health Code (MCEHC), Chapter II, Section 5. Support/Opposition: Three stakeholder workshops were held on January 7, January 9, and June 3, 2025. The Department received comments from the City of Phoenix in support and comments from the City of Scottsdale in opposition. The Department reviewed and responded to these comments. The comments and responses are included as attachments in this report. Department Recommendation: The Department recommends that the Board of Supervisors (BOS) approve the proposed MCEHC revisions. BOH Recommendation: The BOH voted unanimously to approve the Department’s proposed revisions and proceed according to the Enhanced Regulatory Outreach Program (EROP) standard process. Executive Summary: This case aligns the MCEHC with the recently adopted solid waste requirements contained in the Arizona Administrative Code (AAC). The proposed changes establish a once-weekly pickup as the minimum standard for refuse collection, while allowing a variance to pick up less than once weekly. The proposal does not increase fees; it updates the language found in MCEHC. 1 Presented by: Attachments: In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case on December 9, 2024 and the Maricopa County Board of Supervisors (BOS) were briefed on the proposed changes on December 16, 2024. On July 28, 2025, the Department presented a Staff Report for this case to the BOH at which time the BOH approved this case to proceed on the EROP standard process for the BOS to adopt this proposed Department revision. Andy Linton, Director Report to the BOH - (2 Pages) County Manager Memo – (1 Page) Proposed MCEHC Revisions – (4 Pages) Presentation – Stakeholder Meeting (1/7/2025 & 1/9/2025) - (4 Pages) Presentation – Stakeholder Meeting (6/3/2025) – (3 Pages) Stakeholder Meeting Minutes (1/7/2025) – (1 Page) Stakeholder Meeting Minutes (1/9/2025) – (2 Pages) Stakeholder Meeting Minutes (6/3/2025) – (3 Pages) Stakeholder Written Comments (8 Pages) 2 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 Maricopa.gov/Enviro Report to the Board of Health To Make Recommendations to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Case #/Title: ES-2024-002/Solid Waste Variance Meeting Date: July 28, 2025 Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed Maricopa County Environmental Health Code (MCEHC) ES-2024-002/Solid Waste Variance to advance on the Enhanced Regulatory Outreach Program (EROP) standard process. Support/Opposition: On April 28, 2025, the Board of Health (BOH) voted to allow ES-2024-002 Solid Waste Variance to move forward in the EROP standard process. A second stakeholder workshop was held on June 3, 2025. Four stakeholders attended in person, and five attended virtually. The Department received one written comment of support and two written comments in opposition. The Department evaluated the comments and drafted responses. The stakeholder's comments and the Department's responses are included as attachments in this report. Department Recommendation: Discussion: The department recommends that the BOH approve the Department to move forward with the proposed changes to the Solid Waste Variance requirement in MCEHC for consideration by the Board of Supervisors. The purpose of this case is to update the Maricopa County Environmental Health Code (MCEHC) solid waste language to align with the recent changes from the Arizona Department of Environmental Quality (ADEQ) which went into effect on February 4, 2025. These changes will establish a once-weekly pickup as the minimum standard for refuse collection while 3 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 Maricopa.gov/Enviro allowing a variance to pick up less than once weekly. As a result, the existing variances allowing once-weekly refuse collection will be eliminated. Additionally, the criteria for obtaining a variance will be updated to allow for collection less frequently than once per week. This proposal follows the EROP policy and workflow process; no fee changes are requested. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in July 2024. Also, the Board of Supervisors were briefed in December 2024. Attachments: County Manager Case Approval (1 Page) Proposed MCEHC Revisions (4 Pages) Presentation – Stakeholder Meeting (1/7/2025 & 1/9/2025) – (4 Pages) Presentation – Stakeholder Meeting (6/3/2025) – (3 Pages) Stakeholder Meeting Minutes (1/7/2025) – (1 Page) Stakeholder Meeting Minutes (1/9/2025) – (2 Pages) Stakeholder Meeting Minutes (6/3/2025) – (3 Pages) Stakeholder Written Comments (8 Pages) 4 5 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER II SEWAGE AND WASTES SECTION 5 NON-HAZARDOUS SOLID WASTE COLLECTION AND DISPOSAL SERVICES REGULATION 1. Permits a. Non-Hazardous Solid Waste” means any garbage, trash, rubbish, industrial wastes, refuse, or other discarded material that does not contain hazardous wastes or is not classified as being exempt for the definition of solid waste pursuant to the Arizona Revised Statutes. b. No person shall collect, haul, remove or dispose of non-hazardous solid waste as a function or service of their business/organization without a valid permit to do so. c. All vehicles used for the storage, collection, transportation or disposal of non-hazardous solid waste as a function or service of their business/organization must have a valid permit to do so. REGULATION 2. Vehicles a. Vehicles used for the collection and transportation of refuse shall have securely covered watertight metal bodies of easily cleanable construction, shall be cleaned frequently enough to prevent their becoming a public health nuisance, and shall be maintained in good repair. Refuse storage compartments therein shall not be open or exposed excepting during filling, emptying and cleaning. b. Vehicles shall be loaded and moved in such a manner that the contents are not exposed and do not fall, leak, spill or escape; and where spillage does occur, it shall be picked up immediately by the permittee and removed in a sanitary manner. c. Each vehicle operated under permit shall have the permit number clearly inscribed on the side door panels and rear face thereof in 3-inch letters or numerals or both. REGULATION 3. Refuse Containers All refuse storage containers made available by a permittee under this section for public use other than those provided by a municipality shall be plainly and durably marked with the permittee's name and telephone number. Containers shall be of sufficient size and number to accommodate the service area, shall be emptied completely during the collection operation and where required, treated to prevent insect harborage or odor nuisance. REGULATION 4. Frequency of Collection: Variance a. The frequency of collection of garbage, refuse, rubbish, and ashes shall be in accordance with regulation of the collection agency but except that the frequency of collection shall not be less than once per week. that shown in the following schedules: (1) Garbage only - twice weekly 6 (2) Refuse with garbage - twice weekly (3) Rubbish and ashes - as often as necessary to prevent nuisances and fly breeding. b. A variance from the required frequency rate of collection in subsection (a) may be granted by the Department to allow a person with more than five (5) permitted vehicles to allow for the collection of garbage less than once weekly. The variance may be granted by the Environmental Health Officer upon submission of an acceptable garbage collection frequency variance plan by the collection agency, submitted to the Department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. All garbage collection frequency variance plans shall provide for random inspections by the Department of at least 1% of all garbage collection. All collection frequency variance plans shall be updated and provided to the Department every two years for review. c. Variance requests pursuant to paragraph b. of this regulation shall be submitted to the Department on application forms provided by the Department approved by the Environmental Health Officer. A n application shall not be complete until the applicant has paid the variance fee listed in Cchapter Ione of this Environmental Health Code. d. A person requesting a variance, pursuant to paragraph b. of this regulation, shall give notice of the requested variance to each person whose property where refuse collection is proposed to be affected. Notices shall be in a form approved by the Environmental Health Officer, and shall describe the requested variance and each. Each notice shall be mailed or left at the residence or place of business of each person property prior to the start of variance collection frequency reduction. e. The standard collection service set forth in this chapter prescribes a minimum level of service and does not preclude a waste collector from providing a higher level of service. f. If the variance plan is found to be acceptable by the Environmental Health Officer, the Department will forward a copy of the plan to the Arizona Department of Environmental Quality (ADEQ). If approval of the variance plan is required by ADEQ, the Department may withhold its plan approval until written approval is obtained from ADEQ. If no approval of the variance plan is required from ADEQ, the Department will approve the plan and the approved variance plan shall become effective 30 days following Environmental Health Officer approval. g. f. The variance may be revoked upon determination by the Environmental Health Officer that a public health hazard or nuisance exists or the facts do not support a variance the circumstances warranting the variance no longer exist. 7 REGULATION 5. Place of Collection a. All refuse shall be properly placed on the premises for convenient collection as designated by the collection agency. b. Where alleys are provided, collection shall be made on the alley side of the premises wherever feasible. REGULATION 6. Collection Required a. Where refuse collection service is available the following refuse shall be required to be collected: garbage, ashes, rubbish, and small dead animals which do not exceed 75 pounds in weight. b. The following refuse is not considered acceptable for collection but may be collected at the discretion of the collection agency where special facilities or equipment required for the collection and disposal of such wastes are provided: (l) Dangerous materials or hazardous substances, such as poisons, acids, caustics, infected materials, radioactive materials, and explosives. (2) Materials resulting from the repair, excavation, or construction of buildings and structures. (3) Solid wastes resulting from industrial processes. (4) Large animals exceeding 75 pounds in weight, condemned animals, animals from a slaughterhouse, or other animals normally considered industrial waste. (5) Manure. REGULATION 7. Notices a. All collection agencies shall provide each householder, or business establishment served, with a copy of the requirements governing the storage and collection of refuse, which shall cover at least the following items: (1) Definitions. (2) Places to be served. (3) Places not to be served. (4) Scheduled day or days of collection. (5) Materials acceptable for collection. (6) Materials not acceptable for collection. 8 (7) Preparation of refuse for collection. (8) Types and sizes of containers permitted. (9) Points from which collections will be made. (10) Necessary safeguards for collectors. b. All such notices governing storage and collection shall conform to these regulations. REGULATION 8. Disposal The permittee shall dispose of all non-hazardous solid wastes by an approved method and at an approved site. Such approval must be obtained in advance of the commencement of operations and prior to any change of method or site. 2-22 9 1/9/2025 Stakeholder Workshop Andres Martin, Permitting Services Coordinator ES-2024-002 Solid Waste Variance In-Person Attendee Info • Restrooms are available just outside of the meeting room. Additional restrooms are available near the café by the elevators. • We will answer questions at the end of the presentation. Virtual Attendee Info • All calls are muted to prevent background noise. • If you have questions for the presenter, please type your questions in the chat section of the virtual meeting room. • We will answer questions at the end of the presentation. • We will provide an opportunity to ask live questions at the end of the presentation as well. Environmental Services Department’s Mission To provide safe food, water, waste disposal and vector borne disease reduction controls to the people of Maricopa County so that they may enjoy living in a healthy and safe community. Agenda • Background • Purpose of Proposed Code Change • Proposed Revisions to Code • Next Steps and Enhanced Regulatory Outreach Program (EROP) Information • Stakeholder Questions Background Refuse Collection Frequency in Maricopa Co unty Currently, the Maricopa County Environmental Health Code (MCEHC) and Arizona Administrative Code (AAC) require twice-weekly garbage and refuse collection. MCEHC and AAC allow operators to obtain a variance to reduce the collection frequency to once weekly. Both Maricopa County and the Arizona Department of Environmental Quality (ADEQ) must approve the variance. Maricopa County Environmental Services then inspects variances for compliance and currently has eighteen (18) Refuse Collection Variances that are permitted with our department. 1 2 3 4 5 6 10 1/9/2025 Purpose of Proposed Code Change Refuse Collection Change s in the Arizona Administrative Code ADEQ has proposed changes to the AAC, Regulation 18-13-308, to establish a once- weekly pick-up as the minimum standard in Arizona. The new rule will also allow a variance to collect refuse less than once weekly. The changes to the rule will do the following: Eliminate the Refuse Collection Variance in its current form and the permits and fees associated with current variances. Establish a new variance regulation to allow for less than once weekly refuse and trash collection. Purpose of Proposed Code Change Effe ctive Date fo r AAC Re fuse Colle ction Changes and the MCEHC Chapter 2 ADEQ has finalized the revisions to the AAC (i.e., rulemaking), and the revised rule will go into effect on Tuesday, February 4, 2025. The Maricopa Environmental Services Department (MCESD) is proposing amending MCEHC Chapter 2, Section 5, Regulation 4 to align with the AAC changes, ensuring stakeholders are held to the same statewide refuse collection requirements. Purpose of Proposed Code Change Effe ct of Ame ndments to MCEHC Chapter 2 If approved, the changes to the MCEHC would have the following effect: Once weekly refuse collection will be the new minimum standard. Current refuse collection variances for once-weekly collection, as a result, would be eliminated. A new variance for less than one weekly pick-up would be established. Proposed Revisions to Code REGULATION 4. Frequency of Collection: Variance The frequency of collection of garbage, refuse, rubbish, and ashes shall be in accordance with regulation of the collection agency but except that the frequency of collection shall not be less than once per week. that shown in the following schedules: Garbage only - twice weekly Refuse with garbage - twice weekly Rubbish and ashes - as often as necessary to prevent nuisances and fly breeding. Maricopa Co unty E nvironmental He alth Code Ch apte r 2, Sectio n 5, Regulation 4 (1) a. (2) (3) Proposed Revisions to Code A variance from the required frequency rate of collection in subsection (a) may be granted by the Department to allow a person with more than five (5) permitted vehicles to allow for the collection of garbage less than once weekly. The variance may be granted by the Environmental Health Officer upon submission of an acceptable garbage collection frequency variance plan by the collection agency, submitted to the Department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. All garbage collection frequency variance plans shall provide for random inspections by the Department of at least 1% of all garbage collection. All collection frequency variance plans shall be updated and provided to the Department every two years for review. Maricopa Co unty E nvironmental He alth Code Chapte r 2, Sectio n 5, Regulation 4 b. Proposed Revisions to Code Variance requests pursuant to paragraph b. of this regulation shall be submitted to the Department on application forms provided by the Department approved by the Environmental Health Officer. An application shall not be complete until the applicant has paid the variance fee listed in cChapter one I of this Environmental Health Code. A person requesting a variance, pursuant to paragraph b. of this regulation, shall give notice of the requested variance to each person whose property where refuse collection is proposed to be affected. Notices shall be in a form approved by the Environmental Health Officer, and shall describe the requested variance and each. Each notice shall be mailed or left at the residence or place of business of each person property prior to the start of variance collection frequency reduction. Maricopa Co unty E nvironmental He alth Code Ch apte r 2, Sectio n 5, Regulation 4 c. d. 7 8 9 10 11 12 11 1/9/2025 Proposed Revisions to Code If the variance plan is found to be acceptable by the Environmental Health Officer, the Department will forward a copy of the plan to the Arizona Department of Environmental Quality (ADEQ). If approval of the variance plan is required by ADEQ, the Department may withhold its plan approval until written approval is obtained from ADEQ. If no approval of the variance plan is required from ADEQ, the Department will approve the plan and the approved variance plan shall become effective 30 days following Environmental Health Officer approval. The variance may be revoked upon determination by the Environmental Health Officer that a public health hazardor nuisance exists or the facts do not support a variance the circumstances warranting the variance no longer exist. Maricopa Co unty E nvironmental He alth Code Chapte r 2, Sectio n 5, Regulation 4 f. f. g. Active Regulatory Process Date Regulatory Process Step December 16, 2024 County Manager Briefs the Board of Supervisors January 7, 2025 Stakeholder Workshop January 27, 2025 Board of Health Meeting February 26, 2025 Board of Supervisors Public Hearing Time line of Ne xt Ste ps Maricopa.gov/regulations Enhanced Regulatory Outreach Program (EROP) Enhanced Regulatory Outreach Program (EROP) ES-2024-002 (Solid Waste Variance) ES-2024-002 (Solid Waste Variance) Get Involved • Track active regulatory processes. • View current and previous documents for active regulatory processes. • Provide comments on proposed changes to MCEHC. SIGN UP to receive rule notifications at ENHANCED REGULATORY OUTREACH PROGRAM (EROP) Stakeholder Questions 13 14 15 16 17 18 12 1/9/2025 Amanda Bond Quality and Compliance Division Manager Amanda.Bond@Maricopa.gov (602) 372-2735 Thank You Logan Peiman Management Analyst Logan.Peiman@Maricopa.gov (602) 506-6481 Andres Martin Permitting Services Coordinator Andres.Martin@Maricopa.gov (602) 506-6148 19 13 6/3/2025 Stakeholder Workshop ES-2024-002 Solid Waste Variance Environmental Services Department’s Mission To provide safe food, water, waste disposal and vector borne disease reduction controls to the people of Maricopa County so that they may enjoy living in a healthy and safe community. Agenda • Background • Purpose of Proposed Code Change • Proposed Revisions to Code • Next Steps and Enhanced Regulatory Outreach Program (EROP) Information • Stakeholder Questions Background Refuse Collection Frequency in Maricopa Co unty Currently, the Maricopa County Environmental Health Code (MCEHC) requires twice-weekly garbage and refuse collection. The Arizona Administrative Code (A.A.C.) requires once-weekly pickup, these changes went into effect on February 4, 2025. MCEHC allows operators to obtain a variance to reduce the collection frequency to once weekly. Maricopa County must approve the variance. Maricopa County Environmental Services then inspects variances for compliance and currently has eighteen (18) Refuse Collection Variances that are permitted with our department. Purpose of Proposed Code Change Effe ctive Date fo r AAC Re fuse Colle ction Changes and the MCEHC Chapter 2 ADEQ has finalized the revisions to the A.A.C. (i.e., rulemaking), and the revised rule went into effect on Tuesday, February 4, 2025. The Maricopa Environmental Services Department (MCESD) is proposing amending MCEHC Chapter 2, Section 5, Regulation 4 to align with the A.A.C. changes, ensuring stakeholders are held to the same statewide refuse collection requirements. Purpose of Proposed Code Change Refuse Collection Ch ange s in the Arizona Administrative Code In the A.A.C., Regulation 18-13-308 establishes a once-weekly pick-up as the minimum standard in Arizona. The State rule also allows a variance to collect refuse less than once weekly. If approved the proposed changes to the MCEHC will do the following: Eliminate the Refuse Collection Variance in its current form, including the permits and fees associated with current variances. Establish a new variance regulation to allow for less than once weekly refuse and trash collection. Once weekly refuse collection will be the new minimum standard. 1 2 3 4 5 6 14 6/3/2025 Proposed Revisions to Code REGULATION 4. Frequency of Collection: Variance The frequency of collection of garbage, refuse, rubbish, and ashes shall be in accordance with regulation of the collection agency but except that the frequency of collection shall not be less than once per week. that shown in the following schedules: Garbage only - twice weekly Refuse with garbage - twice weekly Rubbish and ashes - as often as necessary to prevent nuisances and fly breeding. Maricopa Co unty E nvironmental He alth Code Chapte r 2, Sectio n 5, Regulation 4 (1) a. (2) (3) Proposed Revisions to Code A variance from the required frequency rate of collection in subsection (a) may be granted by the Department to allow a person with more than five (5) permitted vehicles to allow for the collection of garbage less than once weekly. The variance may be granted by the Environmental Health Officer upon submission of an acceptable garbage collection frequency variance plan by the collection agency, submitted to the Department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. All garbage collection frequency variance plans shall provide for random inspections by the Department of at least 1% of all garbage collection. All collection frequency variance plans shall be updated and provided to the Department every two years for review. Maricopa Co unty E nvironmental He alth Code Ch apte r 2, Sectio n 5, Regulation 4 b. Proposed Revisions to Code Variance requests pursuant to paragraph b. of this regulation shall be submitted to the Department on application forms provided by the Department approved by the Environmental Health Officer. An application shall not be complete until the applicant has paid the variance fee listed in cChapter one I of this Environmental Health Code. A person requesting a variance, pursuant to paragraph b. of this regulation, shall give notice of the requested variance to each person whose property where refuse collection is proposed to be affected. Notices shall be in a form approved by the Environmental Health Officer, and shall describe the requested variance and each. Each notice shall be mailed or left at the residence or place of business of each person property prior to the start of variance collection frequency reduction. Maricopa Co unty E nvironmental He alth Code Chapte r 2, Sectio n 5, Regulation 4 c. d. Proposed Revisions to Code If the variance plan is found to be acceptable by the Environmental Health Officer, the Department will forward a copy of the plan to the Arizona Department of Environmental Quality (ADEQ). If approval of the variance plan is required by ADEQ, the Department may withhold its plan approval until written approval is obtained from ADEQ. If no approval of the variance plan is required from ADEQ, the Department will approve the plan and the approved variance plan shall become effective 30 days following Environmental Health Officer approval. The variance may be revoked upon determination by the Environmental Health Officer that a public health hazard or nuisance exists or the facts do not support a variance the circumstances warranting the variance no longer exist. Maricopa Co unty E nvironmental He alth Code Ch apte r 2, Sectio n 5, Regulation 4 f. f. g. Active Regulatory Process Date Regulatory Process Step December 16, 2024 County Manager Briefs the Board of Supervisors January 7, 2025 Stakeholder Workshop April 28, 2025 Board of Health Meeting June 3, 2025 2nd Stakeholder Workshop July 28, 2025 2nd Board of Health Meeting Tentative September 10, 2025 Board of Supervisors Public Hearing Time line of Ne xt Ste ps Maricopa.gov/regulations Enhanced Regulatory Outreach Program (EROP) 7 8 9 10 11 12 15 6/3/2025 Enhanced Regulatory Outreach Program (EROP) ES-2024-002 (Solid Waste Variance) ES-2024-002 (Solid Waste Variance) Get Involved • Track active regulatory processes. • View current and previous documents for active regulatory processes. • Provide comments on proposed changes to MCEHC. SIGN UP to receive rule notifications at ENHANCED REGULATORY OUTREACH PROGRAM (EROP) Stakeholder Questions Amanda Bond Quality and Compliance Division Manager Amanda.Bond@Maricopa.gov (602) 372-2735 Thank You Logan Peiman Management Analyst Logan.Peiman@Maricopa.gov (602) 506-6481 Brian Knisley Water and Waste Management – Managing Supervisor Brian.Knisley@maricopa.gov (602) 228-0964 13 14 15 16 16 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro Stakeholder Workshop Solid Waste Variance Date: January 7, 2025 Stakeholder Present: None Staff Present: Amanda Bond – Quality and Compliance Division Manager, Eric Matson – Water and Waste Management Division Manager, Brian Knisley – Managing Supervisor, Andres Martin – Permitting Services Coordinator and Logan Peiman – Management Analyst Presenter: Andres Martin Minutes*: Andres Martin covered the Enhanced Regulatory Outreach Program (EROP) process and how stakeholders can stay informed on this and other upcoming cases. He further explained that the purpose of this case is to update the Maricopa County Environmental Health Code (MCEHC) solid waste language to align with the proposed changes form the Arizona Department of Environmental Quality (AQEQ). Andres explained that the MCEHC should be updated to eliminate the current variance for trash and refuse pick-up, as well as removing the twice-weekly pickup as the minimum standard in Arizona and allow for a variance to pick up less often. To align with ADEQ, MCESD is proposing amending MCEHC Chapter 2, Section 5, Regulation 4. Meeting adjourned. 17 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro Stakeholder Workshop Solid Waste Variance Date: January 9, 2025 Stakeholder Present: Mikaela Caste – City of Phoenix, Eduardo Rodriguez – City of Phoenix, Joel Zurita – City of Phoenix, Stacy Hettmansperger – City of Phoenix, Lorizelda Stoeller – City of Phoenix, Lucas Mariacher – City of Phoenix, Christopher Aniol – City of Goodyear, Jesse Prangley – City of Goodyear, Dave Bennett – City of Scottsdale, Harold Siguenza – City of Avondale, Matthew Hernandez – City of Avondale, Katrece Swenson – City of Avondale, Steven Sandoval – City of Surprise, Zacharia Scott – City of Surprise and Carlos Rosales – City of Peoria Staff Present: Andy Linton – Director, Robert Stratman – Deputy Director, Amanda Bond – Quality and Compliance Division Manager, Eric Matson – Water and Waste Management Division Manager, Brian Knisley – Managing Supervisor, Andres Martin – Permitting Services Coordinator and Logan Peiman – Management Analyst Presenter: Andres Martin Minutes*: Andres Martin covered the Enhanced Regulatory Outreach Program (EROP) process and how stakeholders can stay informed on this and other upcoming cases. He further explained that the purpose of this case is to update the Maricopa County Environmental Health Code (MCEHC) solid waste language to align with the proposed changes form the Arizona Department of Environmental Quality (AQEQ). Andres explained that the MCEHC should be updated to eliminate the current variance for trash and refuse pick-up, as well as removing the twice-weekly pickup as the minimum standard in Arizona and allow for a variance to pick up less often. To align with ADEQ, MCESD is proposing amending MCEHC Chapter 2, Section 5, Regulation 4. Mikaela Caste, Lucas Mariacher, and Eduardo Rodriguez with City of Phoenix say it will benefit their city as they will no longer have to fill out a variance. Dave Bennet and with City of Scottsdale expresses concern that their infrastructure is built for twice weekly pickup, and they do not have the resources to enforce the new policy. 18 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro Christopher Aniol asks if any reports would need to be sent if this case is adopted. Brian Knisley with Environmental Services says no reporting would be required. Harold Siguenza with City of Avondale says their concern is that recycling would be removed. Meeting adjourned. 19 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro Stakeholder Workshop Solid Waste Variance Date: June 3, 2025 Stakeholder Present: Tabitha Sauer – Republic Services, Terrence Sims – Republic Services, Charlotte Thomas – Republic Services, Dave Bennet – City of Scottsdale, Traci Conaway – City of Chandler, Monique Ramirez – City of Chandler, Anamaria Ortega – City of Phoenix, Felipe Moreno – City of Phoenix, Lucas Mariacher – City of Phoenix and Lorizelda Stoeller – City of Phoenix Staff Present: Andy Linton – Director, Robert Stratman – Deputy Director, Amanda Bond – Quality and Compliance Division Manager, Brian Knisley – Managing Supervisor and Logan Peiman – Management Analyst Presenter: Amanda Bond and Brian Knisley Minutes*: Amanda Bond covered the Enhanced Regulatory Outreach Program (EROP) process and how stakeholders can stay informed on this and other upcoming cases. Brian Knisley explained that the purpose of this case is to update the Maricopa County Environmental Health Code (MCEHC) solid waste language to align with the changes from the Arizona Department of Environmental Quality (AQEQ) which went into effect on February 4, 2025. Brian explained that if the proposed changes went through, once weekly trash collection would be the new minimum standard, and a new variance would allow for less than once weekly pick-up. To align with ADEQ, MCESD is proposing to amend MCEHC Chapter 2, Section 5, Regulation 4. Felipe Moreno, with the City of Phoenix, attended the meeting in person. Mr. Moreno asked about defining trash or garbage and whether a variance would be needed if the city changed its curbside green organics program to biweekly. Brian Knisley responded that green waste is in the trash and rubbish definition in the Arizona Administrative Code, so the City of Phoenix would need a new variance. Dave Bennet, with the City of Scottsdale, attended virtually. Mr. Bennet says that this was not sought by any of the cities in Maricopa County. A company called Envision Holdings went to ADEQ and 20 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro sought this out. More families are living in single-family households, and the variances protect human health. All the cities that Dave knows of have dedicated personnel inspecting the containers to maintain the current variance. The City of Scottsdale will have to change its code to protect recycling if this change is adopted. Dave says that Debbie Lesko, with the Board of Health, recognized that this could cause harm to the recycling programs, and there could be a revenue impact. Cities need to inspect the cans to ensure people are following the rules to maintain vector control. Amanda Bond says the county does not inspect garbage cans, but the county does inspect public health nuisances in cases where the garbage is not contained. In Maricopa County, every city is inspected for nuisance complaints. Andy Linton says if the proposed changes went through, Maricopa County would still address public nuisance complaints, but we would not do routine inspections on garbage cans. Brian Knisley says the code change would eliminate the need for a variance, and the county would no longer inspect under the authority of a variance. Dave Bennet says if the variance goes away, they will no longer have the obligation to inspect 1% of their refuse containers. Because there is no variance, it will no longer be required. If there are issues, the community will go to the county, but there will be no proactive effort to mitigate vector control. Felipe Moreno says they have 50-plus environmental specialists who provide public health, safety outreach, and code enforcement, but the City of Phoenix does not do it because it's an obligation; they do it because it’s the right thing for Phoenix. If this requirement goes away, the City of Phoenix doesn’t see anything changing in its operation. City of Phoenix supports the change as they would no longer need a variance. It would be up to the municipality to make policy decisions about whether to have recycling or not. This is up to the mayor and council, and their vision for Phoenix. This change allows them to be nimbler and more flexible on green organics and recycling goals. Andy Linton says nothing in this proposed change would require the cities to remove services; that decision would be made at the local level. Dave Bennet says if this is adopted, the City of Scottsdale will need to make changes to its ordinances. This will impact the City of Scottsdale, and it could impact your overall recycling program if you have someone who creatively interprets the new code change. Dave asks if vector issues come up, will they be able to refer to the county? Amanda Bond says yes, they regulate vector control and nuisance complaints across the valley. 21 Environmental Services Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.6616 E: esd@maricopa.gov Maricopa.gov/enviro Dave Bennet says he has yet to hear an argument about why not leave the code as is. He asks Felipe, is it cost? If they are looking to reduce costs, then that makes sense. But otherwise, there is no other argument. Felipe Moreno says if this code change does not impact them, except that they no longer have to pay $30,000 for a permit, then they support the code change. They have a robust program in Phoenix. Their inspectors do vector control, illegal dumping, community outreach and education, and they support their operators to make sure they can do their jobs. Nothing would change in their world. The only one who would end recycling in the city is the policymaker, and that’s their right. If recycling hangs on the balance of a variance, then the city has bigger problems with its goals. Dave Bennet says it will raise the question of whether recycling is needed. Even if this is a decision for policymakers in each city, there is also a question of whether recycling is profitable. Tracy Conaway from the City of Chandler attended the meeting virtually. Ms. Conaway asks if the variance applies to all trash and recycling. Brian Knisley responds that, yes, it applies to all trash, including recycling. The code did not require recycling with the variance. The variance was for a once-a-week pickup, not for recycling. Charlotte Thomas with Republic Services attended the meeting virtually. Ms. Thomas asks if the variance is required for the once-a-week trash and recycling. Are there any other changes made? Is recycling mandated? Brian Knisley says the requirement is twice a week, but with this code change, you would no longer need a variance for once-a-week pickup. Previously, or with the proposed changes, no recycling is required in the code. Lucas Mariacher from the City of Phoenix attended the meeting in person. Mr. Mariacher asks if the 1% required inspection is on the county or the city? Is there a deadline to submit comments? Brian Knisley responds and says the county is responsible for the inspection. The percentage required to inspect, whether 1%, 5%, or other, depends on what is specified in each unique variance. Amanda Bond says there is no deadline for the comments, but the non-official deadline is July 28. Meeting adjourned. 22 This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: Logan Peiman (ENV) To: Bennett, Dave Cc: Amanda Bond (ENV) Subject: Online Form Submittal: Citizen Comments Date: Wednesday, January 22, 2025 4:21:00 PM Attachments: image001.png Dear Stakeholder, Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking process. We will review and consider what you have submitted. In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting. You will be notified of the next step in the rulemaking process via email, if you have signed up for notifications through the EROP webpage. If you have not signed up for notifications, visit the EROP website to do so. Sincerely, Logan Peiman Management Analyst Environmental Services Quality & Compliance C: 602-316-0295 E: logan.peiman@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | X | YouTube | LinkedIn Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2024-002 (Solid Waste Variance) 23 Department Environmental Services I would like to Express opposition First Name David Last Name Bennett Organization City of Scottsdale City Scottsdale Zip 85258 Email dbennett@scottsdaleaz.gov Phone Number 4803125607 Phone Type Work Would you like someone to contact you? No Comments Scottsdale's concerns with the proposed variance changes are the following: 1. Proposed variance would negatively impact participation in the curbside recycling program. 2. Proposed variance would have a negative impact on revenue. Any loss in revenue would lead to increasing rates and fees to support current operations and infrastructure. If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Field not completed. Email not displaying correctly? View it in your browser. 24 This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: ESD EROP To: Bennett, Dave Cc: Amanda Bond (ENV) Subject: RE: Online Form Submittal: Citizen Comments Date: Monday, June 2, 2025 10:04:00 AM Dear Stakeholder, Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking process. We will review and consider what you have submitted. In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting. You will be notified of the next step in the rulemaking process via email, if you have signed up for notifications through the EROP webpage. If you have not signed up for notifications, visit the EROP website to do so. Sincerely, Maricopa County Logo Enhanced Regulatory Outreach Program Environmental Services Quality & Compliance E: ESD.EROP@Maricopa.gov [ Maricopa.Gov EROP ] Facebook | Instagram | X | YouTube | LinkedIn Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2024-002 (Solid Waste Variance) Department Environmental Services 25 I would like to Express opposition First Name David Last Name Bennett Organization City of Scottsdale City Scottsdale Zip 85258 Email dbennett@scottsdaleaz.gov Phone Number 4803125607 Phone Type Work Would you like someone to contact you? No Comments Do we still need the twice-weekly garbage and refuse collection variance? Yes. Why? Residential trash volumes have not changed – they have only increased. Currently, there are more people living in a single-family household than ever before. City and Towns located in Maricopa County were not advocating for this change. Each year, and at their expense, City’s located in Maricopa County inspect over 25,000 refuse containers for vector control issues. Before Maricopa County considers updating the MCEHC solid waste language to align with the recent changes from the Arizona Department of Environmental Quality, County leadership should present a plan to the Board of Supervisors that states how they will now do the work of the cities, and the costs to do so. Respectfully, Dave Bennett Director of Solid Waste Services City of Scottsdale – Public Works T: 480.312.5607 | C: 480.370.0928 | F: 480.312.8115 26 Mailing Address: 9191 E San Salvador Drive. Scottsdale, AZ. 85258 If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Field not completed. Email not displaying correctly? View it in your browser. 27 This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: ESD EROP To: Lorizelda Stoeller Subject: RE: Online Form Submittal: Citizen Comments Date: Tuesday, July 1, 2025 7:55:00 AM Dear Stakeholder, Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking process. We will review and consider what you have submitted. In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting. You will be notified of the next step in the rulemaking process via email, if you have signed up for notifications through the EROP webpage. If you have not signed up for notifications, visit the EROP website to do so. Sincerely, Maricopa County Logo Enhanced Regulatory Outreach Program Environmental Services Quality & Compliance E: ESD.EROP@Maricopa.gov [ Maricopa.Gov EROP ] Facebook | Instagram | X | YouTube | LinkedIn Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule ES-2024-002 (Solid Waste Variance) Department Environmental Services 28 I would like to Express support First Name Lorizelda Last Name Stoeller Organization City of Phoenix - Public Works Department - Solid Waste City Phoenix Zip 85003 Email lorizelda.stoeller@phoenix.gov Phone Number 602-495-6753 Phone Type Work Would you like someone to contact you? No Comments The city of Phoenix supports MCESD's proposal to amend MCEHC Chapter 2, Section 5, Regulation 4 to align with the A.A.C. changes. If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. COP-Maricopa County Letter of Support Variance_PWSolidWaste.pdf Email not displaying correctly? View it in your browser. 29 Public Works Department June 24, 2025 Andy Linton Maricopa County Environmental Services Department 301 W Jefferson St, Suite 170 Phoenix, AZ 85003 (602) 506-5211 Andy.Linton@Maricopa.gov RE: LETTER OF SUPPORT – ES-2024-002 SOLID WASTE VARIANCE Dear Mr. Linton, This letter conveys support for Maricopa Environmental Services Department’s (MCESD) proposed code change to align with Arizona Administrative Code, which establishes a once-weekly refuse collection as the new minimum standard in Arizona. The City of Phoenix Public Works Department currently provides once-weekly refuse collection services to its solid waste fee-paying residents and anticipates no operational or administrative impacts to its operation if this amendment is codified. Phoenix remains committed to protecting human health and the environment, and will continue to ensure compliance with all federal, county, state and local regulations governing solid waste and the environment. Respectfully, Lorizelda Stoeller Assistant Public Works Director Solid Waste Division City of Phoenix 30