20240718_MARICOPA FINAL DRAFT DELEGATION AGREEMENT (NO TRACK CHANGES) (003).PDF

Maricopa County — Formal (2024-08-21)

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EV24-0020

Delegation Agreement # EV24-0020

Between

Arizona Department of Environmental Quality

And

Maricopa County, hereinafter, Maricopa County,
a political subdivision of the State of Arizona,
acting by and through the
Maricopa County Environmental Services Department
and the Maricopa County Air Quality Department
_____________________________________________________________________________

WHEREAS, Arizona Revised Statutes (hereinafter, A.R.S.) § 49-107 authorizes the
Director of the Arizona Department of Environmental Quality (hereinafter, ADEQ) to delegate to
a local environmental agency, county health department or public health services district any
functions, powers, and duties which the Director believes can be competently, efficiently, and
properly performed by the local environmental agency, or county health department.

WHEREAS, the Maricopa County Environmental Services Department and the Maricopa
County Air Quality Department are the local environmental departments, as set forth in A.R.S. §
49-107.

WHEREAS, A.R.S. § 41-1081 sets forth standards for delegation agreements.

WHEREAS, A.R.S. §§ 11-201(A)(3) authorizes the County Board of Supervisors where
the Local Authority (hereinafter, LA) is a local environmental agency, county health department
or public health services district to enter into contracts as necessary to assist LA in exercising its
powers.

WHEREAS, the LA deems that it is in its best interests to accept such delegation.

WHEREAS, this Delegation Agreement, hereinafter Agreement, includes the base terms
and conditions and all applicable appendices, and this Agreement replaces and terminates
completely all other past delegation agreements.

THEREFORE, the Director of ADEQ delegates to the Maricopa County Environmental
Services Department and the Maricopa County Air Quality Department as LA, and the LA accepts
the delegation of the functions, powers and duties and the terms and conditions, as applicable,
described in this Agreement on behalf of ADEQ.

A.
DELEGATED FUNCTIONS AND DUTIES

The specific Functions and Duties that are delegated to the LA by this Delegation

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Agreement are identified in the appendices to this Agreement. The terms and conditions
under which those Functions and Duties apply are addressed throughout this Delegation
Agreement. Terms and conditions in Sections A through U apply unless there are more
specific terms and conditions in the Appendices. If there are any provisions in Sections A
through U that are not addressed in the Appendices and are applicable to the LA, such
provisions apply. State statutes, rules and ADEQ policies shall be used in implementing
the delegated Functions and Duties. The Functions and Duties not specifically authorized
by statute to the LA and not specifically delegated to the LA by this Agreement are retained
by ADEQ.

B.
STANDARDS OF PERFORMANCE

1.
Applicable Conformance: The standards of performance of the delegated
Functions and Duties by the LA shall conform to State statutes, rules, substantive
policies, and any directive from an ADEQ Director or Division Director to correct
a standard of performance that is determined to be unlawful. The standards of
performance are generally the same as those required of ADEQ personnel. All
substantive policy documents and resources that pertain to delegated Functions and
Duties shall be publicly available and easily accessible to the LA. This Agreement
is subject to the provisions of A.R.S. § 49-106, which states that rules adopted by
ADEQ shall be observed and enforced throughout this State and that local
authorities that have separate authority may adopt ordinances and rules that do not
conflict with State law and are equal to or more restrictive than the rules of ADEQ.

2.
Substantive Policy Development: A substantive policy means a policy that meets
the definition of A.R.S. § 41-1001(24). ADEQ’s interpretation of the law and rule,
and not any policy, is what will be used as the basis for any decision. ADEQ will
document interpretations in substantive policy statements that are consistent with
interpretations of law and rule. Any policy that is developed may not impose
additional requirements on regulated entities. ADEQ shall consult with all LAs
when developing the new and/or updated substantive policy statements when those
statements are related to delegated Functions and Duties. ADEQ will provide all
LAs notice of substantive policy statements at adoption and posting, and will
provide training if necessary. ADEQ’s notice should be provided to all relevant LA
program staff and management.

3.
LA Requests for Clarification: The LA may contact ADEQ for clarification or
guidance on procedural or technical issues. LA may propose that ADEQ adopt a
substantive policy. ADEQ shall consult with all LAs for help determining if a
substantive policy is necessary. If it is determined that a substantive policy is
necessary, ADEQ will follow Section B.2 and will issue a substantive policy as
soon as possible, and no later than six months. Until a substantive policy has been
adopted and posted to the ADEQ library as outlined in Section B1, the LA may
utilize their existing practice or procedure unless ADEQ notifies LA that the
practice or procedure is unlawful.

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4.
Policy Consistency: In order to maintain regulatory consistency across the State,
the LA shall not develop separate substantive policies related to ADEQ delegated
statutes and rules, and may not develop any other practice or procedure that imposes
requirements on regulated entities that do not exist in statute, rule or other county
or city ordinance. LA substantive policies, or other practices or procedures related
to ADEQ statutes and rules, that exist upon Agreement execution may remain
effective until ADEQ informs LA it must withdraw the policy or until ADEQ
adopts a policy that addresses the issue, however no existing or future policy may
impose requirements on regulated entities that do not already exist in law or rule.
ADEQ will review all existing LA policies related to ADEQ delegated statutes and
rules for regulatory consistency. LA shall follow all ADEQ substantive policies
related to ADEQ delegated statutes and rules, including if there is any conflict
between ADEQ and LA policy and guidance. LA shall identify and provide all
documentation for any substantive policies related to ADEQ delegated statutes and
rules, or other practices or procedures that impose requirements on regulated
entities (written or unwritten) related to ADEQ delegated statutes and rules, to
ADEQ
within
30
days
of
the
execution
of
this
Agreement,
to:
delegations@azdeq.gov. LA may contact ADEQ with questions about whether an
LA policy related to ADEQ delegated statutes and rules is a substantive policy and
ADEQ will respond to requests within 30 days. Procedures that only impact internal
staff are not substantive policies.

5.
Third Party Dispute: In the event of an unresolved dispute between the LA and a
third party regarding the LA’s interpretation or application of ADEQ statutes or
rules related to ADEQ delegated statutes and rules, or a dispute that a substantive
policy is imposing requirements not already in law or rule, ADEQ shall, if requested
by the LA, provide timely assistance and direction to the LA. If a third party
requests ADEQ provide clarification of an LA’s interpretation or application of
statute or rule related to ADEQ delegated statutes and rules, or the unlawful use of
a substantive policy statement to impose additional requirements not in law or rule
related to ADEQ delegated statutes and rules, that may affect the LAs licensing
decision, the request shall be in writing in accordance with A.R.S. § 41-1001.02
and provided prior to submittal of an application for a license. ADEQ will refer the
request to the LA and will work with the LA to respond to the third party. Once an
application for a license is submitted, any third party requests will be handled
through the LA’s licensing process, including the LA’s appeals process if
necessary. The LA will engage ADEQ if guidance or a substantive policy related
to ADEQ delegated statutes and rules is needed as outlined in B3. ADEQ retains
the right to investigate and evaluate concerns expressed by applicants to determine
if the processing of a permit application will be assumed by ADEQ pursuant to
Section B.6.

6.
ADEQ Assumption: ADEQ retains the authority to assume control over permits
or other matters if the LA is unwilling or unable to act, or the LA and ADEQ
mutually agree that ADEQ should assume control. ADEQ will communicate in
writing with the LA if it is assuming control over any such action. Should ADEQ

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assume control over a permit, ADEQ retains the responsibility to administer the
permit and conduct compliance and enforcement activities. Upon agreement with
the LA, ADEQ may transfer the administration and compliance and enforcement
responsibilities and control to the LA for the ADEQ-issued permit or any permits
that were previously issued by ADEQ that have not been transferred. ADEQ will
work with each LA to identify any permits issued by ADEQ for which authority
has not been transferred.

7.
Public Disclosure of Confidential Information Prohibited: ADEQ and LA shall
comply with prohibitions on public disclosure of confidential information including
those related to critical infrastructure in A.R.S. § 41-1803(G), drinking water
system security vulnerability assessments in A.R.S. § 49-205, or trade secrets
pursuant to A.R.S. § 49-205.

C.
FEE AUTHORITY AND TYPES OF FEES

1.
Fees are authorized by, and shall conform to, the requirements of state laws and
rules and LA ordinances, including A.R.S. § 11-251.08, A.R.S. § 9-499.15, and
other fee authority statutes and rules.

2. Fees that are collected using ADEQ’s statutory or rule authority must conform to
such authority. If an LA is using ADEQ authority, the LA shall not exceed fees set
forth by ADEQ.

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.

4.
ADEQ can request information about LA fee authority, fee types, and fees and
revenue collected. LA agrees to work with ADEQ to provide the information within
a reasonable time period.

D.
QUALIFICATIONS OF PERSONNEL RESPONSIBLE FOR EXERCISING THE
DELEGATED FUNCTIONS, POWERS AND DUTIES

1.
The required personnel qualifications for exercising each Program’s delegated
Functions and Duties are identified in the corresponding Appendices to this
Agreement.

2.
The LA must employ or contract with all personnel required for the performance
of the services under this Agreement. Such personnel shall not be employees of,
nor have any contractual relationship with, ADEQ unless otherwise specified
herein.

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3.
All the services required hereunder shall be performed by the LA or its contractors,
except all licensing decisions and enforcement shall be performed by LA
employees, and all personnel engaged in the work shall be fully qualified and shall
be authorized under state and local law to perform such services. It is further agreed
that the LA warrants that it is fully qualified and authorized under state and local
law to perform the services contemplated under this Agreement.

4.
If ADEQ determines that specific training is necessary to perform a delegated
Function and Duty, the relevant LA personnel must attend ADEQ’s training, the
training will be free of cost, and the LA personnel will work with ADEQ on an
alternative training arrangement if necessary.

5.
LA may also request and receive training by ADEQ on a specific topic.

E.
CONFLICT OF INTEREST

Either party may cancel this Agreement for conflict of interest in accordance with Section
P of this Agreement, without penalty or further obligation, pursuant to A.R.S. § 38-511.

Pursuant to A.R.S. § 38-504, an employee of an LA shall not provide private services for
compensation when such services are then reviewed by the governmental entity for which
the employee works. Entity shall be understood to mean group, unit, or division of the LA.

An LA shall not be delegated authority for any project for which the LA has a financial
interest.

F.
E-VERIFY

To comply with A.R.S. § 41-4401(A), each party hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A). If either party uses any subcontractors in performance of this Agreement,
subcontractors shall warrant their compliance with all federal immigration laws and
regulations that relate to its employees and A.R.S. § 23-214(A). A breach of this warranty
shall be deemed a material breach of the Agreement subject to penalties up to and including
termination of this Agreement. Each party retains the legal right to inspect the papers of
any contractor or subcontractor who works on the Agreement to ensure that the contractor
or subcontractor is complying with this warranty.

G.
NON-DISCRIMINATION

Pursuant to Title 41, Chapter 9, Article 4 of the Arizona Revised Statutes and Executive
Order 2009-09, the LA shall provide access to equal employment opportunities for all
persons, regardless of race, color, religion, sex, age, national origin, or political affiliation,

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and to all other applicable State and Federal employment laws, rules, and regulations,
including the Americans with Disabilities Act. Both parties shall take affirmative action
to ensure that applicants for employment and employees are treated without regard to race,
age, color, religion, sex, or national origin and in compliance with the Americans with
Disabilities Act.

H.
RECORD KEEPING AND REPORTING REQUIREMENTS

1.
Unless otherwise required by law or by Arizona State Library, Archives and Public
Records or other retention schedule, both parties shall maintain, in either paper or
printable official format, all data, books, accounts, reports, files and other records
relating to this Agreement and performance of the delegated Functions and Duties
as specified in this Agreement for a period of five years after its creation or five
years after any administrative or court litigation, claim, negotiation, audit, cost
recovery, or other action involving the records has been completed, whichever is
later. All such records shall be subject to inspection and audit by the State at
reasonable times. Upon request, either Party shall produce the official record of any
or all such records. 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.

2.
Any records required by ADEQ or LA for implementing this Delegation Agreement
shall be provided to ADEQ or LA without cost. When requesting ADEQ records,
LA should file a public records request through the ADEQ website and note that
the request is being made by an LA implementing an ADEQ delegated program.
When requesting LA records, ADEQ should contact the LA program staff for
instructions regarding how to request LA’s records.

3.
Ownership of Information and Data:
Both parties retain title to all documents, reports, data and other materials prepared
as part of this Delegation Agreement and must comply with all applicable public
records regulations. ADEQ and the LA shall have full and complete rights to
reproduce, duplicate, disclose, perform and otherwise use all information prepared
under this agreement with the exception of providing information and data for
commercial use. It is understood and agreed upon that all data collected and shared
with ADEQ are considered public records. Both parties will not disclose
confidential information including information about critical infrastructure such as
drinking water system and well locations.

4.
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 below and in
the Appendices to this Agreement.

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Data Reporting for Delegated Functions
a. The LA agrees to submit quarterly data reports related to its performance of
the delegated Functions and Duties specified in Appendices to this
Agreement and in accordance with the specifications below. The LA is not
responsible for submitting reports to ADEQ related to performance of
activities not related to the delegated Functions and Duties specified in
Appendices to this Agreement or as specified below or conducted with local
authority only or delegation from another agency.

b. Reports
shall
be
submitted
in
an
electronic
format
to
delegations@azdeq.gov within 30 days of the end of each calendar
quarter.

c. ADEQ will evaluate additional data needs with the LA following the second
full year of data reporting. This Agreement may be amended in accordance
with Section O. “Amendment Procedures” to include the reporting of
additional data.
Definitions
Date Application Received - The date specified per A.A.C. R18-1-Article 5 and any related ADEQ
substantive policy.
Date of Permitting Decision - The date a permit or license application was issued or denied by the
LA or withdrawn by the applicant.
Drinking Water System Component - Water line, booster pumps, wells, treatment, tanks and/or
disinfection.
Enforcement Case - An action taken by the LA to address violation(s) of sufficient severity to
warrant a Notice of Violation or escalated enforcement such as an Administrative Order,
Abatement Order, Cease and Desist Order, or civil enforcement. LA may reference the
enforcement matrices in the Compliance Management Handbook for guidance in determining what
warrants a Notice of Violation and may work with ADEQ to establish a list of violations that
should be reported.
Permit Outcome - The end result of a permitting decision. Options are issued, denied and
withdrawn.
Solid Waste Inspection Type - Illegal disposal of solid waste, waste tires, used oil, lead acid
batteries or nuisance.
Unique Identifier - Assessor’s parcel number, physical address, applicant name, permit number,
project name, inspection number or similar.
Vehicle Inspection - A solid waste refuse hauler, septic tank cleaner or biohazardous medical
waste transporter inspection.

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Delegated
Program
PERMITTING
For each permit outcome
reached during the
reporting period:
ENFORCEMENT
For each enforcement
case closed during the
reporting period:
VEHICLE
INSPECTIONS
For each vehicle
inspection
conducted:
Water
Appendix
Type 4
General
Permits,
Swimming
Pools and
Subdivisions
•
At least one unique
identifier
•
Permit type
•
Date application
received
•
Date of permitting
decision
•
Permit outcome
(For Type 4 General
Permits, only Construction
Authorization data need to
be reported.)
•
At least one unique
identifier
•
Date of inspection
•
Date of case closure
N/A
Water
Appendix
Safe
Drinking
Water
•
Public Water System
ID number
•
Drinking water system
component
•
Permit type
(Approval to Construct
or Approval of
Construction)
•
LA permit number
•
Date application
received
•
Date of permitting
decision
•
Permit outcome
Maricopa and Pima
Counties Only
•
At least one unique
identifier
•
Public Water System
ID number
•
Date of inspection
•
Date of case closure
(The Inventory Change
Forms, Letters of
Compliance, and Letters
of Recommendation
shall continue to be
submitted per ADEQ
Safe Drinking Water
requirements.)
N/A
Waste
Appendix
•
Lead acid battery
collection and
recycling registrations,
•
Solid Waste
inspection type
•
Specific locational
•
Date of
inspection
•
Company name

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Delegated
Program
PERMITTING
For each permit outcome
reached during the
reporting period:
ENFORCEMENT
For each enforcement
case closed during the
reporting period:
VEHICLE
INSPECTIONS
For each vehicle
inspection
conducted:
Solid Waste
Management
location
•
Septage hauler
licenses, unique
identifying
information, such as
license plate or VIN

information, such as
address or latitude
and longitude
•
Date of inspection
•
Date of case closure
•
Vehicle
identification
number
•
Result (violation,
no violation, or
violation
corrected)
•
County permit
number
Waste
Appendix
Hazardous
Waste
Generators
(HWGs)

N/A
Pima County Only

•
Monthly upload to
RCRA info
•
Quarterly reporting
to include
information ADEQ
must provide to EPA
•

N/A
Air
Appendix

Major
Sources
(Pinal)
Emission
Reduction
Credit
Regulations
(Maricopa)
See Air Appendix
(Pinal and Maricopa)

See Air Appendix
(Pinal and Maricopa)

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I.
OVERSIGHT ACTIVITIES

1.
ADEQ shall have the right to 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. LA shall provide prior notice to
ADEQ of its request to accompany ADEQ inspectors on inspections.

2.
Periodically, the ADEQ delegating program 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
performance evaluations shall be in writing and shall be communicated to the LA
and the Office of Administrative Counsel in a draft report. The LA is entitled to
comment on the draft report. After ADEQ’s response to comments, the ADEQ
delegating program shall finalize the report and transmit a copy to the LA and the
Office of Administrative Counsel. The final reports of all performance evaluations
are public documents pursuant to A.R.S. § 39-121 et seq.

J.
DELEGATION OF ENFORCEMENT AUTHORITIES; LOCAL AGENCY
OBLIGATIONS; INSPECTIONS AND COMPLIANCE

1.
Upon becoming aware at any time that a complaint involves an acute risk to human
health and the environment, the goal is to mitigate the risk within 24-48 hours by
resolving the issue or providing notice if resolution is not possible. Complainants
should generally be responded to within three (3) calendar days, and complaints
that do not involve acute risks should be inspected within seven (7) calendar days
when an inspection is necessary.

2.
As a supplement to any independent statutory authority LA may have, LA is
hereby delegated the authorities indicated in the Appendices for inspection
authority and compliance and enforcement authority, including authority to
prevent pollution and environmental nuisances outlined in A.R.S. §§ 49-
104(B)(8), -203(B)(1), -144, -763, -865 and other authorities noted in the
Appendices.

The LA shall use inspection checklists and boilerplate documents provided by
ADEQ or shall use such documents that contain the same content as those
documents provided by ADEQ. Upon ADEQ’s request, LA shall provide to ADEQ
documents the LA uses to implement delegated Functions and Duties.

3.
The LA shall comply with all statutory and rule requirements for inspections.

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4.
When inspecting land managed by the Arizona State Land Department (ASLD),
contact the Trespassing and Environmental Section of ASLD to gain access, 602-
542-4631. Contact ADEQ if access becomes an issue or if enforcement is being
considered.

5.
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 practicable to make compliance
determinations and conduct enforcement actions and may use the ADEQ’s
Compliance Management Handbook for guidance, but following the Handbook
guidance is not required.

6.
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 thirty (30) calendar 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.

7.
Where appropriate, and if there is no conflict with applicable environmental
statutes and rules, LA may conduct enforcement and compliance action using the
authority provided by A.R.S. Title 36 or A.R.S. Title 49, Chapter 3, Article 3. This
includes compliance inspections for delegated programs pursuant to the authority
to prevent pollution and environmental nuisances outlined in § 49-104 and § 49-
144. 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.

8.
In those cases where the Attorney General has exclusive authority to bring an
action, for example A.R.S. § 49-261, ADEQ shall timely notify the Attorney
General of the LA’s request to initiate an enforcement action, and such
enforcement action shall be coordinated among the LA, ADEQ, the Attorney
General and the LA’s Attorney.

9.
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. The LA
may send a written request for coordination to the ADEQ program manager listed
in appendices and the Administrative Counsel.

10.
In cases where LA and ADEQ are co-plaintiffs involving alleged violations that

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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 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. The LA shall retain all civil penalties assessed
and collected if LA is the only plaintiff.

11.
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 with thirty (30) calendar days prior 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.

K.
APPEALS OF LOCAL AGENCY ACTIONS

1.
Notice and ADEQ Involvement: The LA agrees to submit a copy of each request
for hearing and/or appeal that deals with any authority delegated pursuant to this
Agreement to the ADEQ Administrative Counsel by sending an email to the
following email addresses within seven (7) calendar days of receipt:
oac@azdeq.gov and delegations@azdeq.gov. Appeals have the potential to set
legal precedent for the entire State. This includes hearings and appeals of Notices
of Violation, Orders or other civil enforcement. ADEQ must be consulted prior to
any such hearing. ADEQ may provide support to the LA during the appeals process
and retains the right to handle an appeal of any authority delegated pursuant to this
Agreement.

2.
Appeal Forum: For administrative hearings for appealable agency actions as

defined in A.R.S. § 41-1092 that are dealing solely with authority that has been

delegated pursuant to this Agreement and that are not related to enforcement of

LA’s statutes, regulations, or ordinances, or LA’s independent authority, hearings

shall be held in accordance with A.R.S. Title 41, Chapter 6, Article 10 – Uniform

Administrative Hearing Procedures.

For administrative hearings for appeals dealing with both authority that has been

delegated pursuant to this Agreement, including administrative hearings for appeals

of appealable agency actions as defined in A.R.S. § 41-1092, and either the LA’s

independent authority or LA’s authority to enforce statutes, regulations or

ordinances, hearings shall be held in accordance with the LA’s required appeals

procedures.

Appeals involving matters arising solely from the LA’s independent authority or

LA’s authority to enforce statutes, regulations or ordinances are not governed by

this Agreement.

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3.
Appeals conducted under A.R.S. Title 41, Chapter 6, Article 10: For appeals

dealing solely with delegated authority under this Agreement and conducted in

accordance with A.R.S. Title 41, Chapter 6, Article 10, the LA shall consult with

the Administrative Counsel for ADEQ prior to submitting a request for a hearing

to the Office of Administrative Hearings (OAH), and ADEQ shall pay for OAH

costs. ADEQ’s Director or designee will make the final administrative decision,

pursuant to A.R.S. § 41-1092.08.

4.
Judicial Reviews: ADEQ must be consulted prior to any judicial review in order

for ADEQ to provide a decision regarding how to manage the judicial review for

any authority delegated pursuant to this Agreement.

L.
LICENSING AUTHORITY

The LA shall process applications to reach a licensing decision for delegated Functions and
Duties 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. 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.

M.
LOCAL AGENCY INDEPENDENT AUTHORITY; SUB-DELEGATION; AND
JURISDICTIONAL COORDINATION

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 subdelegate 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, Deputy Director, or appropriate
Division Director of ADEQ.

3.
For authority delegated pursuant to this Agreement, the LA shall not enforce,
approve, or permit anything beyond its jurisdictional boundaries unless approved
by ADEQ as part of this Agreement or an amendment to this Agreement. Tribal
lands are not regulated by ADEQ and are therefore not delegated for regulation by
the LA.

4.
Prior to entering into any delegation agreement with a municipality, located in
whole or in part within the LA’s boundaries, ADEQ shall coordinate with both the
LA and the municipality on jurisdictional issues.

5. Before any changes to jurisdictional boundaries are made that affect this
Agreement, parties shall notify ADEQ, and ADEQ shall coordinate with the parties.

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6.
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.

N.
CONFLICT RESOLUTION PROCEDURES

1.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Arizona and, where applicable, the Arizona Procurement Code at
A.R.S. § 41-2501 et seq. and administrative rules and regulations A.A.C. R2-7-101
et seq., that constitute the Arizona Procurement Code.

2.
In the event of any judicial proceeding related to this Agreement or any Subcontract
the parties agree that venue shall be proper in Maricopa County, Arizona.

3.
If a dispute that arises out of this Agreement is based upon an Administrative Order
issued by the Director of ADEQ, any and all appeals from such an Order are subject
to hearing at the Arizona Office of Administrative Hearings pursuant to A.R.S. §
41-1092 et seq., or the Water Quality Appeals Board pursuant to A.R.S. § 49-321
et seq. (whichever is applicable), and any and all such appeals shall be determined
pursuant to hearing as prescribed by A.R.S. § 41-1092 et seq.

4.
Pursuant to A.R.S. § 12-1518, if a dispute arises out of this Agreement or any
subcontract thereto, and the amount in controversy does not exceed the statutory
amount as set forth by statute, the matter shall be, upon filing the matter with
Maricopa County Superior Court, submitted to and decided by an arbitrator or
arbitrators in accordance with the provisions of A.R.S. § 12-133 et seq. and
Az.R.Civ.Pro.72-76.

5.
If a dispute arises out of this Agreement or any subcontract thereto, and the amount
in controversy exceeds the statutory amount, the matter shall be filed in Maricopa
County Superior Court and litigated pursuant to the appropriate litigation statutes.

O.
AMENDMENT 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 or his or her
designee, the Director of the LA, the Chairman of the LA’s Board of Supervisors,
and the Clerk of the LA’s Board of Supervisors. Amendments shall comply with
the provisions in A.R.S. § 41-1081, including Public Notice and Comment.

2.
Amendments to this Agreement shall be effective 30 calendar days after written
notice of ADEQ’s final decision to amend this agreement and approval by all
parties.

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P.
TERMINATION PROCEDURES

1.
This Agreement may be terminated, in whole or in part, by either party upon
providing 30 calendar days prior written notice by certified mail to the other party
and in compliance with subsection 2 of this section. The notice shall specify the
effective date of termination.

2.
The LA shall, prior to the termination of all or part of this Agreement, deliver to
the ADEQ Director all finished or unfinished files, public documents, pending
applications received by the LA for those delegated Functions and Duties, and
pending inspection documents related to those delegated Functions and Duties
being terminated, and a summary status report of those delegated Functions and
Duties, and shall provide written notification of the effective date of termination to
all persons with pending applications and to all regulated facilities affected by the
termination of this Agreement.

Q.
TERM OF AGREEMENT

This Agreement is effective 30 calendar days after the Director gives written notice of final
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 O of this Agreement.

R.
INDEMNIFICATION

Each party (as “Indemnitor”) agrees to defend, indemnify, and hold harmless the other
party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as
“Claims”) arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona,
Department of Environmental Quality, is self-insured per A.R.S. § 41-621.

In addition, should LA utilize a contractor(s) and subcontractor(s), the indemnification
clause between LA and its contractor(s) and subcontractor(s) shall include the following:

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the LA and the State of Arizona, and any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees (hereinafter referred

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to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of the contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising
out of or recovered under the Workers’ Compensation Law or arising out of the failure of
such contractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall,
in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such contractor from and against any and
all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Additionally, on all applicable insurance policies, contractor and its subcontractors shall
name the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.

S.
AVAILABILITY OF FUNDS

Pursuant to A.R.S. § 35-154(A), every payment obligation of the State under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the
payment of such obligation. If funds are not allocated and available for the continuance of
this Agreement, this Agreement may be terminated by the State at the end of the period for
which funds are available. No liability shall accrue to the State in the event this provision
is exercised, and the State shall not be obligated or liable for any future payments or for
any damages as a result of termination under this paragraph.

T.
SEVERABILITY

The provisions of this Agreement are severable to the extent that any provision or
application found to be invalid shall not affect any other provision or application of the
Agreement, which shall remain in effect without the invalid provision or application.

U.
NAME AND ADDRESS OF PRIMARY CONTACT PERSONS

Office of Administrative Counsel

Arizona Department of Environmental Quality

1110 W. Washington Street

Phoenix, AZ 85007

Telephone: (602) 771-2242

Email: oac@azdeq.gov

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Andy Linton, Interim Director
Maricopa County Environmental Services Department

Address: 301 W Jefferson St, Suite 170, Phoenix, AZ 85003

Telephone: 602-506-5211

Email: Andy.Linton@Maricopa.Gov

Philip A. McNeely, Director
Maricopa County Air Quality Department

Address: 301 W Jefferson St, Suite 410, Phoenix, AZ 85003

Telephone: 602-506-6443

Email: PHILIP.McNEELY@Maricopa.Gov

The name of a successor to any of the above-named individuals shall not require the
execution of an amendment to this Agreement.

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WASTE APPENDIX
To
# EV24-0020

Maricopa County

SOLID WASTE MANAGEMENT

The Functions and Duties of this Appendix are described in Sections A through E as follows:

A.
DELEGATED FUNCTIONS AND DUTIES

The Local Authority (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. Personnel qualifications correspond to descriptions in section C.

Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications

Yes

1. Inspection of
septage haulers for
ADEQ licensing
and complaints;
inspections
conducted at least
annually. See
Section B for more
information about
annual inspections.

A.R.S. § 49-104(B)(8)

A.R.S. § 49-141 through 144,
Environmental nuisances

R18-13-1106 Inspection

R18-13-1112 Sanitary
Requirements

R18-13-1116 Suspension and
Revocation

R18-13-1117 Reinstatement

C1, C2, C3, C4, C5, C6,
C7

Yes

2. Inspection of
refuse haulers and
complaints;
inspections

A.R.S. § 49-104(B)(8)

A.R.S. § 49-141 through 144,
Environmental nuisances

C1, C2, C3, C4, C5, C6,
C7

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Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications
conducted at least
once every two
years.

R18-13-304 Inspection

R18-13-305 Collection
Required

R18-13-306 Notices

R18-13-308 Frequency of
Collection

R18-13-309 Place of
Collection

R18-13-310 Vehicles

R18-13-311 Disposal;
General

Yes

3. Inspection of
nuisance
complaints, and
enforcement to
eliminate
environmental
nuisances.

Note: See Section B.

A.R.S. § 49-141 through 144,
Environmental nuisances

R18-13-303 Responsibility

R18-13-304 Inspection

For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7

Yes

4. Inspection and
enforcement to
eliminate illegal
disposal of solid
waste except for
waste more
specifically
described in
Functions and
Duties 5, 6, 7, 8,

A.R.S. § 49-701, Definitions

A.R.S. § 49-701.01,
Definition of solid waste;
exemptions

A.R.S. § 49-791(A)(4);
Violation; classification;
penalties

For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7

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Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications
and 9.
R18-13-303 Responsibility

R18-13-304 Inspection

5. Inspection and
enforcement to
eliminate illegal
disposal of tires.

A.R.S. §44-1301, Definitions

A.R.S. §44-1304, Disposal of
waste tires

A.R.S. §44-1304.01, Storage,
disposal, discard or
abandonment of used motor
vehicle tires; registration
fees; violation; classification;
exception

A.R.S. §44-1307, Civil
penalties; environmental
nuisance

For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7

Yes

6. Inspection and
enforcement to
eliminate used oil
disposal to land.

• Note: Delegation
to Maricopa
County is limited
to disposal of
nominal amounts
up to 50 gallons at
any one non-
generator location.

A.R.S. § 49-801, Definitions

A.R.S. § 49-803, Prohibited
practices

A.R.S. § 49-811, Violation;
civil penalty

A.R.S. § 49-812, Compliance
orders; injunctive relief

A.R.S. § 49-817,
Enforcement powers of the
director and inspectors

40 CFR § 279.1, Definitions

For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7

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Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications

7. Inspection and
enforcement of
used oil generators
for compliance
with storage,
labeling, and
release response
requirements.

A.R.S. § 49-801, Definitions

A.R.S. § 49-802.C.1, Federal
used oil program;
incorporation by reference;
rule making

A.R.S. § 49-811, Violation;
civil penalty

A.R.S. § 49-812, Compliance
orders; injunctive relief

A.R.S. § 49-817,
Enforcement powers of the
director and inspectors

40 CFR § 279.1,
Standards for the
Management of Used Oil
(Definitions)

40 CFR § 279.22, Standards
for Used Oil Generators
(Used oil storage)

For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7
No

8. Inspection and
enforcement of
lead acid battery
collection and
recycling facilities
to eliminate illegal
disposal.
Registration is
performed by
ADEQ.

A.R.S. § 49-104(B)(8)

A.R.S. § 44-1321,
Definitions

A.R.S. § 44-1322, Disposal
of lead acid batteries

A.R.S. § 44-1324, Civil
penalties; environmental
nuisance
For inspections,
compliance, and
enforcement:
C1, C2, C3, C4, C5

For inspections only:
C6, C7

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Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications

9. Inspection of
agricultural solid
waste landfills
operated by
persons engaged in
farming or
ranching on at least
40 acres in an
unincorporated
area.

A.R.S. § 49-104(B)(8)

A.R.S. § 49-763, Inspections

A.R.S. § 49-766(B),
Agricultural landfills; notice

R18-13-304, Inspection

R18-13-311, Disposal;
General

C1, C2, C3, C4, C5, C6,
C7

10. Inspection of
landfills for the
disposal of solid
waste resulting
from residents’
household
activities at single
family residences
located on a farm
or ranch of more
than 40 acres in an
unincorporated
area.

A.R.S. § 49-104(B)(8)

A.R.S. § 49-763, Inspections

A.R.S. § 49-766(A);
Agricultural landfills; notice

R18-13-304, Inspection

R18-13-311, Disposal;
General

C1, C2, C3, C4, C5, C6

Yes

11. Approval of new
subdivision solid
waste collection
and disposal that
aligns with rules.

R18-5-409, Refuse Disposal

R18-13-306, Notices

R18-13-305, Collection
Required

R18-13-311, Disposal;
General

R18-13-312, Methods of
Disposal

C1, C2, C3, C4, or C5,
C6

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Delegated
Yes/No

Functions and
Duties

Applicable Portions of the
Arizona Revised Statutes,
the Arizona Administrative
Code, and the Code of
Federal Regulations

Personnel
Qualifications

Yes

12. Inspections
related to
biohazardous
medical waste
transporters for
ADEQ
registration;
inspections
conducted at least
annually.

A.R.S. § 49-104(B)(8)

A.R.S. § 49-761(D),
Rulemaking authority for
solid waste facilities;
exemption; financial
assurance; recycling facilities

A.R.S. § 49-763, Inspections

A.R.S. § 49-768, Civil
penalties

R18-13-1401, Definitions

R18-13-1402, Applicability

R18-13-1403, Exemptions;
Partial Exemptions

R18-13-1404, Transition and
Compliance Dates

R18-13-1409, Transportation
License; Annual Fee

C1, C2, C3, C4, C5, C6

B.
EXCEPTIONS AND SPECIAL PROVISIONS

1.
ADEQ retains authority for approval and issuance of solid waste facility plans
pursuant to 40 CFR Part 257 and 258 for municipal and nonmunicipal solid waste
landfills, and other facilities identified in A.R.S. § 49-762. ADEQ also retains
authority for the enforcement of all such solid waste facilities.

2.
LA will conduct nuisance and complaint inspections and enforcement on LA land
(unless the facility is owned or operated by the LA) or private land. For State and

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Federal land, LA may conduct nuisance inspections and enforcement or refer the
nuisance complaint to the property owner and/or ADEQ for resolution. If both
permitting and inspection functions are not delegated to an LA for a particular
permit type, nuisance responses for that permit should be conducted by ADEQ.
LA’s are encouraged to work with ADEQ on nuisance responses and utilize their
own authority to mitigate nuisances as quickly as possible.

3.
The LA shall inspect at least once every two years all vehicles (excluding private
passenger cars and pick-ups), that are routinely used to haul waste if delegated that
inspection function and duty. ADEQ has authority to conduct annual inspections of
refuse waste haulers pursuant to A.A.C. R18-13-304.

4.
The LA shall annually inspect all septage haulers if delegated that inspection
function and duty. ADEQ has authority to conduct annual inspections of septage
haulers pursuant to A.A.C. R18-13-1106.

5.
The LA shall annually inspect all biohazardous medical waste haulers if delegated
that inspection function and duty. ADEQ has authority to conduct annual
inspections of biohazardous medical waste haulers pursuant to A.R.S. § 49-763 and
A.A.C. R18-13-1409.

6.
When inspections are referenced in the Functions and Duties they can include pre-
inspection file review, contact with facility personnel to discuss the upcoming
inspection and questions from the file review, any investigative work necessary for
completing a thorough inspection or post-inspection follow-up, the inspection
itself, and the closing conference to review the inspection with the facility
personnel. Arizona Revised Statutes, Title 41 inspection procedures and other
applicable inspection laws and rules must be followed.

7.
ADEQ will provide LA with any necessary guidance and direction for used oil
inspections and enforcement pursuant to delegated Functions and Duties in Section
B(6).

8.
The septage hauler license fee charged by ADEQ is for oversight of the Arizona
septage hauler program, including providing support to the LAs and tracking
septage vehicles statewide. ADEQ does not consider an LA that is delegated
inspection authority and that charges for a license and/or inspection to have
duplicative licensing and fees because the LA fees are for specific regulation and
the ADEQ license fee is for oversight for all of Arizona. For more information, see
the Notice of Final Rulemaking for Septage Haulers, May 25, 2012, Volume 18,
Issue 21, Page 1217.
https://apps.azsos.gov/public_services/register/2012/21/final.pdf

C.
PERSONNEL QUALIFICATIONS
The following describes the minimum personnel qualifications that are required for persons
performing the delegated Functions and Duties in the table of Section A. If a qualification

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is listed in the table of Section A, that duty may be performed by a person with that
qualification. If multiple qualifications are listed, a person who meets any of those
qualifications may perform the duty.
Minimum qualifications must be met by all staff. Existing staff who do not meet the
minimum qualifications as of the date of execution of this Agreement may receive an
exception by their manager for up to two years.
LA are encouraged to build technical competency within programs. Technical competency
improves the protection of human health and the environment. Building technical
competency often means hiring staff that have more formal education.
Staff personnel should be supervised by a person with training and experience in the
functions and duties being conducted. Staff personnel should also ensure issues are
addressed by those with knowledge and training in the task to be performed. If there are
engineering issues that require a professional engineer’s review, staff must obtain that
review
Qualifications

1.
Duties performed by a Professional Engineer registered in the State of Arizona
pursuant to A.R.S. § 32-123 and A.A.C. R4-30-224 as determined by the Board of
Technical Registration.

2.
Duties performed by an Engineer-in-Training pursuant to A.R.S. § 32-101 and
A.A.C. R4-30-222, or a graduate of a four-year engineering degree program
accredited at the time of graduation by the Accreditation Board for Engineering and
Technology or its predecessor organization.

3.
Duties performed by a Registered Sanitarian/Environmental Health Sanitarian
registered in the State of Arizona pursuant to A.R.S. § 36-136.01 and A.A.C. R9-
16-401 et seq.

4.
Duties performed by a Professional Geologist registered in the State of Arizona
pursuant to A.R.S. § 32-123 and A.A.C. R4-30-244 as determined by the Board of
Technical Registration.

5.
Duties performed by an Environmental Professional who has a four-year degree in
a field related to their duties, and training and/or experience in the duties to be
performed.

6.
Duties performed by an Environmental Health Sanitarian Aide as defined in, and
with the supervision described in, A.A.C. R9-16-401(11) and -403.

7.
Duties performed by an Environmental Technician who has training and/or
experience in the duties to be performed, only after efforts have been made to hire
candidates with a four-year degree in a related field. An associate’s degree or higher
is preferred. An Environmental Technician performs basic analysis and tests, under
the supervision of a Registered Sanitarian or P.E.

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D. LOCAL FEE AUTHORITY
An LA may have authority to enact fees for delegated Functions and Duties, which is
different from ADEQ’s fee authority.

E.
AGENCY CONTACT PERSONS

The following LA employee is responsible for administering the delegated Functions and
Duties pursuant to this Appendix and is the contact person when ADEQ must provide
notice to the LA. The LA employee is responsible for distributing any notice received to
other staff and managers. The LA shall provide written notice to ADEQ of any successor.

Name: Brian Knisley

Title: Managing Supervisor

Address: 301 W. Jefferson, Suite 170, Phoenix, AZ 85003

Telephone: (602) 506-0377

Email: ENVsolidwaste@maricopa.gov

The following ADEQ employees are responsible for administering the Functions and
Duties pursuant to the Appendix. ADEQ shall provide written notice to the LA of any
successor.

Title: Manager, Solid Waste/Hazardous Waste Section

Waste Programs Division

Telephone: (602) 771-4503

The naming of a successor to any of the above-named individuals shall not require the re-
execution of or an amendment to this Agreement.

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WATER APPENDIX
To
# EV24-0020
Maricopa County

WATER QUALITY MANAGEMENT

The Functions and Duties of this Appendix are described in Sections A through E as follows:

A.
DELEGATED FUNCTIONS AND DUTIES
The Local Authority (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. Personnel qualifications correspond to descriptions in section C. Refer to the
EXCEPTIONS AND SPECIAL PROVISIONS in Section B for additional requirements
for certain delegated Functions and Duties.

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

Yes

1. General Functions and
Duties pertaining to the
administration of Type 1
and Type 4 General
Aquifer Protection
Permits delegated to the
LA pursuant to this table,
including complaint and
nuisance inspection and
enforcement. The extent
of the applicable rules for
these general Functions
and Duties shall be limited
to those relevant to the
approvals, authorizations
and permits which are
herein delegated to the
LA. Delegated Functions

A.R.S. § 49-104(B)(8)

A.R.S. § 49-141 through 144,
Environmental nuisances

A.R.S. § 49-203(B)(1)

A.R.S. § 49-241(A), “[A] facility
that discharges shall obtain an
aquifer protection permit from the
director.”

A.R.S. § 49-261, Compliance
Orders; appeal; enforcement

See
qualifications
for specific
Functions and
Duties below.

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Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications
and Duties are further
limited in Section B of
this Appendix.
A.R.S. § 49-262, Injunctive relief;
civil penalties; recovery of litigation
costs; affirmative defense

R18-9-101 Definitions

R18-9-110 Inspections, Violations
and Enforcement

R18-9-A301(A)(1), (A)(4), (B) and
(D) Discharging under General
Permit

R18-9-A302 Point of Compliance

R18-9-A303 Renewal of Discharge
Authorization

R18-9-A304 Notice of Transfer

R18-9-A305 Facility Expansion

R18-9-A306 Closure

R18-9-A307 Revocation of
Coverage

R18-9-A308 Violations and
Enforcement for On-site
Wastewater Treatment Facilities

R18-9-A309(A)-(D) General
Provisions for On-site Wastewater
Treatment Facilities

R18-9-A310 except (D)(1)(d) and
(H) On-site Wastewater Treatment
Facilities

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R18-9-A312 Facility Design for
Type 4 On-site Wastewater
Treatment Facilities

R18-9-A313 Facility Installation,
Operation, and Maintenance for On-
site Wastewater Treatment Facilities

R18-9-A314 except (3)(b) Septic
Tank Design, Manufacturing, and
Installation for On-site Wastewater
Treatment Facilities

R18-9-A315 Interceptor Design,
Manufacturing, and Installation for
On-site Wastewater Treatment
Facilities

R18-9-A316 except (B) (2) and
(B)(3)(f) Transfer of Ownership
Inspection for On-site
Wastewater Treatment Facilities

Yes

2. Complaint response,
compliance assistance, and
compliance and enforcement
responsibilities (including
inspections) for the
following Type 1 General
Aquifer Protection Permits.
A Yes or No by each Type 1
General APP denotes whether
that permit is delegated.
1.07 Dockside facilities and
watercraft

R18-9-B301(G), (H), (I), (J), and
(K) Type 1 General Permit

C1, C2, C3,
C4, C5, C6, C7

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Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications
Yes
Yes

Yes

1.08 Earth pit privy
1.09 On-site wastewater
treatment facilities and
sewage treatment facilities
approved by the 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-
9-B301(K)

Yes

3. Application review,
construction inspection,
issuance or denial of
Construction and Discharge
Authorizations, compliance
(including inspections) and
enforcement tasks for the
4.02 General Aquifer
Protection Permit for a
Septic Tank System with
Disposal by Trench, Bed,
Chamber Technology, or
Seepage Pit with a design
flow of less than 3000
gallons per day.

R18-9-E302 4.02 General Permit:
Septic Tank with Disposal by
Trench, Bed, Chamber Technology,
or Seepage Pit, Less Than 3000
Gallons Per Day Design Flow and
relevant rules listed for Item #1

For
construction
and discharge
authorizations:
C1, C2, C3,
C4, C5, C6
For
inspections,
compliance,
and
enforcement:
C1, C2, C3,
C4, C5, C6, C7

Page 31 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

Yes
Yes

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

Yes
Yes
Yes

Yes
Yes
Yes
Yes
Yes
Yes
4. Application review,
construction inspection,
issuance or denial of
Construction and Discharge
Authorizations, compliance
(including inspections) and
enforcement for the
following 4.03 through 4.22
General Aquifer Protection
Permits for On-Site
Wastewater Treatment
Facilities with a design flow
of less than 3000 gallons per
day.
A Yes or No by each Type 4
General APP denotes whether
that permit is delegated.
4.03 Composting toilet
4.04 Pressure distribution
system
4.05 Gravelless trench
4.06 Natural seal E-T bed
4.07 Lined E-T bed
4.08 Wisconsin mound
4.09 Engineered pad system
4.10 Intermittent sand filter
4.11 Peat filter
4.12 Textile filter
4.13 Denitrifying
w/separated wastewater
4.14 Sewage vault
4.15 Aerobic system
4.16 Nitrate-reactive media
filter
4.17 Cap system
4.18 Constructed wetlands
4.19 Sand-lined trench
4.20 Disinfection devices
4.21 Surface disposal
4.22 Subsurface drip
irrigation

Relevant rules listed for Item #1
and:
R18-9-E303
R18-9-E304
R18-9-E305
R18-9-E306
R18-9-E307
R18-9-E308
R18-9-E309
R18-9-E310
R18-9-E311
R18-9-E312
R18-9-E313
R18-9-E314
R18-9-E315
R18-9-E316
R18-9-E317
R18-9-E318
R18-9-E319
R18-9-E320
R18-9-E321
R18-9-E322

For
construction
and discharge
authorizations:
C1, C2, C3,
C4, C5
For
inspections,
compliance,
and
enforcement:
C1, C2, C3,
C4, C5, C6, C7

Page 32 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

Yes

5. Application review,
inspection, issuance or
denial of Construction and
Discharge Authorizations,
compliance and
enforcement for the 4.23
General Aquifer Protection
Permit for On-Site
Wastewater Treatment
Facilities with a design
flow from 3000 to less than
24,000 gallons per day

A.R.S. § 49-245 Criteria for issuing
general permit - requirements of
operation by a certified service
provider and an addendum
accompanying the general permit.

R18-9-E323 4.23 General Permit:
3000 to less than 24,000 Gallons
Per Day Design Flow and relevant
rules listed for Item #4.

For
construction
and discharge
authorizations:
C1;
C2 and C3 (if
there has been
independent
engineering
review or
supervision by
a Professional
Engineer)

For
inspections,
compliance,
and
enforcement:
C1, C2, C3,
C4, C5, C6

Yes

6. Application review,
inspection, issuance or
denial of Construction and
Discharge Authorizations,
compliance (including
inspections) and
enforcement for the 4.01
General Aquifer Protection
Permit for Sewage
Collection Systems
• Note: For Maricopa
County, this includes
the Town of Queen
Creek Water Service
Area based on the 2020

R18-9-E301 4.01 General Permit:
Sewage Collection Systems and
relevant rules listed for Item #1.

For
construction
and discharge
authorizations:
C1;
C2 and C3 (if
there has been
independent
engineering
review or
supervision by
a Professional
Engineer)

For
inspections,

Page 33 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

map listed in the
delegation agreement
• Note: Government-
owned or -operated
projects (federal, state,
or county) are NOT
delegated and must be
sent to ADEQ for
review.

compliance,
and
enforcement:C
1, C2, C3, C4,
C5, C6

Yes

7a. Complaint response and
compliance assistance for
private residential Gray
Water Systems authorized
by the Type 1 Recycled
Water General Permit.

R18-9-A701 Definitions
R18-9- D701 Recycled Water
General Permit

C1, C2, C3,
C4, C5, C6, C7
No

7b. Application review,
inspection, issuance or
denial of Construction and
Discharge Authorizations,
compliance and
enforcement for the Type
3 Recycled Water General
Permit for Gray Water for
flows less than 3000 gpd.

A.R.S. § 49-104(B)(8)

A.R.S. §49-144

A.R.S. §49-203(B)(1)

R18-9-A701 Definitions
R18-9- D702 Recycled Water
General Permit

C1, C2, C3,
C4, C5, C6

Yes

8. Certificate of Approval for
Sanitary Facilities for
Subdivisions

R18-9-A309(A)(8)(c) General
Provisions for On-site Wastewater
Treatment Facilities

C1, C2, C3
(independent
engineering
review or

Page 34 of 51

EV24-0020

• Note: For Maricopa
County, this includes the
Town of Queen Creek
Water Service Area
based on the 2020 map
listed in the delegation
agreement

R18-5-401 Definitions R18-5-402
Approval of Plans Required

R18-5-403 Application for
Approval

R18-5-404 Size of Lots
R18-5-405 Responsibility of
Subdivider
R18-5-406 Public Water Systems
R18-5-407 Public Sewerage
Systems
R18-5-408 Individual Sewage
Disposal Systems
R18-5-409 Refuse Disposal
R18-5-410 Condominiums
R18-5-411 Violations
supervision by
a Professional
Engineer
recommended)

Yes

9. Public Water Systems
Approval to Construct (ATC)
and Approval of
Construction (AOC) for
water line extensions and
booster pump facilities only:
• Application review,
construction inspection,
and certificate issuance or
denial as appropriate

• Note: Government-owned
or -operated projects
(federal, state, or county)
are NOT delegated and
must be sent to ADEQ for
review.

R18-4-103 definitions in 40 CFR
141, Subpart A

R18-4-103 General – 40 CFR 141,
Subpart A

R18-4-103 Incorporated by
reference Best Available
Technologies [40 CFR 142.62]

R18-4-213 Standards for Additives,
Materials and Equipment

R18-4-215 [except (F) through (I)]
Backflow Prevention

R18-4-217

C1;
C2 (if there has
been
independent
engineering
review or
supervision by
a Professional
Engineer)

Page 35 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

• Note: For Maricopa
County, this includes the
Town of Queen Creek
Water Service Area based
on the 2015 map listed in
the delegation agreement.

Revised Total Coliform Rule 40
CFR Part 141, Subpart Y]
R18-5-501 Siting Requirements
R18-5-502 Minimum Design
Criteria
R18-5-503 Storage Requirements

R18-5-504 Prohibition on the Use
of Lead Pipe, Solder, and Flux
R18-5-505 Approval to Construct
R18-5-506 Compliance with
Approved Plans
R18-5-507 Approval of
Construction
R18-5-508 Record Drawings
R18-5-509 Modification to Existing
Treatment Process
A.R.S.§49-354 enforcement related
to ATC/AOC

Yes

10. Public Water Systems
Approval to Construct
(ATC) and Approval of
Construction (AOC) for
wells, new source, storage
tanks, treatment and
blending plans and point of
use/point of entry devices:
• Application review,
construction inspection, and
certificate issuance or
denial as appropriate

• Note: Government-owned
or -operated projects

R18-4-103 definitions in 40 CFR
141, Subpart A

R18-4-103 General – 40 CFR 141,
Subpart A

R18-4-103 Incorporated by
reference Best Available
Technologies [40 CFR 142.62]

R18-4-111 Control of Lead and
Copper

R18-4-213 Standards for Additives,
Materials and Equipment

C1;
C2 (if there has
been
independent
engineering
review or
supervision by
a Professional
Engineer)

Page 36 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

(federal, state, or county)
are NOT delegated and must
be sent to ADEQ for review.
• Note: Review and
evaluation for the Control of
Lead and Copper will be
conducted by the LA, if
delegated, based on the
special provisions outlined
in Section B below. Any
source water or treatment
change or addition must be
reviewed by ADEQ prior to
the issuance of an ATC by
the LA, to begin the
evaluation for potential
corrosion control issues.
• Note: For Maricopa
County, this includes the
Town of Queen Creek
Water Service Area based
on the 2020 map listed in
the delegation agreement.

R18-4-215 [except (F) through (I)]
Backflow Prevention

R18-4-217

R18-4-218

Revised Total Coliform Rule 40
CFR Part 141, Subpart Y]
R18-5-501 Siting Requirements
R18-5-502 Minimum Design
Criteria
R18-5-503 Storage Requirements

Page 37 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications
Yes

11. Public Water Systems
• Compliance and
Enforcement - Conduct
sanitary surveys
(compliance inspections) to
ensure proper operation and
maintenance of water
systems and related
enforcement
• Note: Government-
owned or -operated projects
(federal, state, or county)
are NOT delegated and must
be sent to ADEQ for review.
• Note: Except for issues
found during sanitary
surveys, compliance and
enforcement for violations
related to the Control of
Lead and Copper will be
managed by ADEQ and not
the LA. See the special
provisions outlined in
Section B below.
• Note: For Maricopa County,
this includes the Town of
Queen Creek Water Service
Area based on the 2020 map
listed in the delegation
agreement.

R18-4-101

R18-4-102

R18-4-103 [except the incorporation
by reference to 40 CFR 141.4 and
except for subsections € and (D)]

R18-4-104 through R18-4-111, and
R18-4-412 through R18-4-114

R18-4-117 through R18-4-126

R18-4-201 through R18-4-218
[except R18-4-216]

C1, C2, C3,
C4, C5

Yes

12. Public Water Systems
• Follow-up Compliance and
Enforcement - Follow-up

R18-4-101

R18-4-102

C1, C2, C3,
C4, C5

Page 38 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications

and resolutions of violations
related to monitoring,
reporting, and water quality
issues at public water
systems.
• Note: Government-owned
or -operated projects
(federal, state, county, or
district) are NOT delegated
and must be sent to ADEQ
for review.
• Note: For Maricopa County,
this includes the Town of
Queen Creek Water Service
Area based on the 2020 map
listed in the delegation
agreement.

• Note: ADEQ does the
compliance checks for
facilities on a monthly or
quarterly basis and notifies
the delegated county about
the facilities to which they
need to send letters of
violation.
• Note: ADEQ receives
monitoring and reporting
data, does the compliance
checks for facilities on a
monthly or quarterly basis,
sends the first notification
letter to systems when there
is a compliance issue
identified through
monitoring and reporting
data, and notifies the
delegated LA about those
facilities. LA then continues
any additional follow-up for

R18-4-103 [except the incorporation
by reference to 40 CFR 141.4 and
except for subsection (C) and (D)]

R18-4-104 through R18-4-114

R18-4-117 through R18-4-126

R18-4-201 through R18-4-218
[except R18-4-216]

Page 39 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications
compliance and
enforcement based on the
compliance issues identified
by ADEQ, except that LCR
violations will be managed
by ADEQ. See the special
provisions outlined in
Section B below.

Yes

13. Public and Semipublic
Swimming Pools
• Approval to Construct
(ATC) and Approval of
Construction (AOC)
• Application review,
construction inspection,
and certificate issuance or
denial as appropriate

• Compliance and
enforcement

• Note: Except for Arizona
State University

A.A.C. Title 18, Chapter 5, Article
2 Public and Semipublic Swimming
Pools and Spas [R18-5-201 through
R18-5-251]

R18-4-103 as related to definitions

R18-4-213 Standards for Additives,
Materials, and Equipment

C1, C2, C3,
C4, C5

Page 40 of 51

EV24-0020

Delegated
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code and
the Code of Federal Regulations
Personnel
Qualifications
Yes
14. Notice of Transfer
Transferring ownership of an
on-site wastewater treatment
facility for which the LA has
accepted delegation.
Maricopa, Pima, Coconino,
and Yavapai require
submission of all NOTs
directly to them. For all other
counties, ADEQ will process
NOTs submitted electronically
to ADEQ, and any paper
NOTs are processed by the
counties.

R18-9-A304 Notice of Transfer

C1, C2, C3,
C4, C5, C6, C7

B.
EXCEPTIONS AND SPECIAL PROVISIONS

1.
LA will conduct nuisance and complaint inspections and enforcement on LA land
(unless the facility is owned or operated by the LA) or private land. For State and
Federal land, LA may conduct nuisance inspections and enforcement or refer the
nuisance complaint to the property owner and/or ADEQ for resolution. If both
permitting and inspection functions are not delegated to an LA for a particular
permit type, nuisance responses for that permit should be conducted by ADEQ.
LA’s are encouraged to work with ADEQ on nuisance responses and utilize their
own authority to mitigate nuisances as quickly as possible.

2.
If an LA is only delegated waterline and/or booster pump projects for a public water
system, the public water system approval shall not be split between the LA and
ADEQ. If a waterline and/or booster pump is part of a larger project that includes
a well, tank, chlorinator, treatment, etc. then the whole project shall be under ADEQ
jurisdiction.

3.
ADEQ and LA will share responsibilities related to the control of lead and copper
(R18-4-111) for public water systems pursuant to the below conditions if the LA is
delegated Functions and Duties number ten (10) in the Table of Section A.
Delegated Functions and Duties.

Page 41 of 51

EV24-0020

a.
The LA shall review and issue approvals to construct (ATC) and approvals
of construction (AOC). During the ATC review, the LA is responsible for
determining
if
the
ATC
application
meets
the
minimum
requirement/standards for demonstrating corrosion control when the public
water system or waterline project involves the addition or modification of a
source or treatment of water. Minimum requirements/standards are
outlined in the Water Corrosivity Change Impact Matrix contained within
ADEQ’s Standard Operating Procedure titled “Source Water Changes and
Treatment Modification”.

b.
ADEQ shall provide formal training, guidance (Standard Work, Standard
Operating Procedures, Substantive Policies, etc.) and tools to assist the LA
in making this determination as needed and within ninety (90) calendar days
after the finalization of the DA.
c.
The LA shall provide the PWS opportunity to provide an evaluation or
demonstration of corrosion control. LA shall notify the PWS through
notification of deficiencies.

d.
The LA may request the PWS to withdraw or deny the ATC application if
the applicant does not or cannot meet the minimum requirements for
demonstrating corrosion control before implementing a source or treatment
change.

e.
When there is “Probable” or “Definite” impact to water corrosivity as
outlined in ADEQ’s Water Corrosivity Change Impact Matrix, the LA shall
provide to ADEQ the ATC application package for concurrent review.
ATC application packages will be sent to the ADEQ’s Engineering Review
Unit at WQD_DWSER@azdeq.gov.

f.
The LA shall provide to ADEQ the LA’s proposed corrosion control
treatment determination. Within fourteen (14) calendar days receipt of
LA’s proposed corrosion control treatment determination, the ADEQ and
LA shall concur on final corrosion control treatment determination. LA will
then issue formal response to the applicant in the form of substantive review
comments.
4.
If a PWS notifies LA of a source water or treatment change that has received prior
approval (i.e., existing source water, consecutive connection, existing water
treatment), the LA shall provide written notification to ADEQ within five (5)
calendar days. ADEQ will provide input to LA with regard to what additional
monitoring or requirements are necessary within five (5) calendar days.
5.
ADEQ will manage all compliance and enforcement for LCR violations unless
specified in subsection 3(a). ADEQ shall copy LA with all LCR correspondence
with any PWS and notify the LA if any PWS(s) fails to meet compliance with the
Lead and Copper Rule under the LA’s jurisdiction.

Page 42 of 51

EV24-0020

a.
The LA shall be responsible for identifying Lead and Copper Rule
violations discovered at the time of a sanitary survey and refer those
violations noted during sanitary survey to ADEQ. LA shall notify ADEQ
of any LCR violations within five (5) calendar days of the completed
sanitary survey. ADEQ and LA shall consult to determine how to manage
compliance for lead and copper violations discovered through sanitary
surveys.
b.
If additional treatment design is necessary based on violations or additional
data, the LA will be responsible to issue a new ATC or AOC after
consulting and receiving input from ADEQ pursuant to these special
provisions.

6. The LA is responsible for all sanitary surveys.

7. ADEQ may temporarily suspend delegated Functions and Duties nine (9) through
twelve (12) in Table A, for specific public water systems that are receiving
technical and/or financial assistance to remedy non-compliance. ADEQ will
provide notice to an LA of any temporary suspension in delegation. ADEQ may
return the delegation, if LA consents, once the public water system is serving
potable water meeting all drinking water standards and has capacity to maintain the
system.

8. 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. 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 or Director’s designee 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 or Director’s designee of ADEQ.
ADEQ shall forward a copy of the completed file to the LA for any application
package reviewed by ADEQ.

9. When inspections are referenced in the delegated Functions and Duties they can
include pre-inspection file review, contact with facility personnel to discuss the
upcoming inspection and questions from the file review, any investigative work
necessary for completing a thorough inspection or post-inspection follow-up, the
inspection itself, and the closing conference to review the inspection with the
facility personnel. Arizona Revised Statutes, Title 41 inspection procedures and
other applicable inspection laws and rules must be followed.

10.
Functions, and Duties of ADEQ related to the following facilities are NOT
delegated:

a.
Public water systems, wastewater or swimming pool facilities (1) owned by
the federal government or the State of Arizona, including Arizona State

Page 43 of 51

EV24-0020

University, (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.
Final approval of any public water system, 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 public
water system, wastewater facility or swimming pool facility having a
construction completion approval issued by the LA.
c.
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.
d. 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-E309(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) except for adjustments due
to the fraction of rock present in native soil; or
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).

11. For the purposes of determining applicability of project cost exemptions under
A.A.C. R18-5-505(B), project cost is determined by the sum of the following cost
categories:
(a) preparation of submittal quality design documents and related application
documents for the project proposed for installation,
(b) 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.

12.
ADEQ and LA will develop a process for sharing information about ADEQ or LA

Page 44 of 51

EV24-0020

issued permits and files that are not a part of these delegated Functions and Duties
but are important for ADEQ and LA operations.

13.
ADEQ will respond to questions provided by an LA that address permitting
actions that impact an LA.

C.
PERSONNEL QUALIFICATIONS

The following describes the minimum personnel qualifications that are required for persons
performing the Functions and Duties delegated in the table of section A, above. If a
qualification is listed in the table of section A, that duty may be performed by a person
with that qualification. If multiple qualifications are listed, a person who meets any of those
qualifications may perform the duty.
Minimum qualifications must be met by all staff. Existing staff who do not meet the
minimum qualifications as of the date of execution of this Agreement may receive an
exception by their manager for up to two years.
LA are encouraged to build technical competency within programs. Technical competency
improves the protection of human health and the environment. Building technical
competency often means hiring staff that have more formal education.
Staff personnel should be supervised by a person with training and experience in the
functions and duties being conducted. Staff personnel should also ensure issues are
addressed by those with knowledge and training in the task to be performed. If there are
engineering issues that require a professional engineer’s review, staff must obtain that
review.

Qualifications

1.
Duties performed by a Professional Engineer registered in the State of Arizona
pursuant to A.R.S. § 32-123 and A.A.C. R4-30-224 as determined by the Board of
Technical Registration.

3.
Duties performed by a Registered Sanitarian/Environmental Health Sanitarian
registered in the State of Arizona pursuant to A.R.S. § 36-136.01 and A.A.C. R9-
16-401 et seq.

Page 45 of 51

EV24-0020

4.
Duties performed by a Professional Geologist registered in the State of Arizona
pursuant to A.R.S. § 32-123 and A.A.C. R4-30-244 as determined by the Board of
Technical Registration.

5.
Duties performed by an Environmental Professional who has a four-year degree in
a field related to their duties, and training and/or experience in the duties to be
performed.

6.
Duties performed by an Environmental Health Sanitarian Aide as defined in, and
with the supervision described in, A.A.C. R9-16-401(11) and -403.

D. LOCAL FEE AUTHORITY
An LA may have authority to enact fees for delegated Functions and Duties, which is
different from ADEQ’s fee authority.

E.
AGENCY CONTACT PERSONS
The following LA employee is responsible for administering the delegated Functions and
Duties pursuant to this Appendix and is the contact person when ADEQ must provide
notice to the LA. The LA employee is responsible for distributing any notice received to
other staff and managers. The LA shall provide written notice to ADEQ of any successor.

Name: Eric Matson

Title: Division Manager

Address: 301 W Jefferson, Suite 170, Phoenix, AZ 85003

Telephone: 602-506-6667

Email: Eric.Matson@maricopa.gov

The following ADEQ employees are responsible for administering the Functions and
Duties pursuant to this Appendix. ADEQ shall provide written notice to the LA of any
successor.
Approvals of Drinking Water Systems
Manager:
ADEQ Drinking Water Engineering Review
Telephone:
(602) 771-4648
Drinking Water, Compliance and Enforcement

Page 46 of 51

EV24-0020

Manager:
ADEQ Drinking Water Compliance & Inspections Unit
Telephone:
(602) 771-4253
Approvals of On-Site Wastewater Treatment Facilities, Sewage Collection Systems,
Subdivisions, Swimming Pools and Private Residential Gray Water

Manager:
ADEQ Groundwater and Reuse Permits
Telephone:
(602) 771-6723

Groundwater & Reuse Compliance and Enforcement

Manager:
ADEQ Groundwater & Reuse Compliance and Enforcement
Telephone:
(602) 771-4479

The naming of a successor to any of the above-named individuals shall not require the re-
execution of or an amendment to this Agreement.

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AIR APPENDIX
To
# EV24-0020

Maricopa County

AIR QUALITY MANAGEMENT
The Functions and Duties of this Appendix are described in Sections A through F as follows:
A.
DELEGATED FUNCTIONS AND DUTIES
The local authority (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.

Delegate
d
Yes/No
Functions and Duties
Applicable Portions of the
Arizona Revised Statutes, the
Arizona Administrative Code,
and the Code of Federal
Regulations
Personnel
Qualifications
Yes

1. Maricopa County: ADEQ
delegates to the LA functions,
powers, and duties provided
under A.R.S. § 49-410,
A.A.C. Title 18, Ch. 2, Art.
12, regulation, policy, and
guidance related to the
certification of emission
reduction credits in
Maricopa County,
including the collection of
fees and any enforcement
action.

A.R.S. § 49-107
A.R.S. § 49-410
A.R.S. § 49-513
A.A.C. R18-2-1201
A.A.C. R18-2-1203
A.A.C. R18-2-1204
A.A.C. R18-2-1205
A.A.C. R18-2-1207(A)
A.A.C. R18-2-1210

C1, C2

B.
EXCEPTIONS AND SPECIAL PROVISIONS
The delegated Functions and Duties specified in Section A shall be subject to the following
exceptions and special provisions:

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1.
The LA will meet at least the minimal requirements and standards applicable to the
Delegation as established under the Clean Air Act, ADEQ statutes and rules,
including A.R.S. § 49-410 and A.A.C. Title 18, Ch. 2, Art.12, and LA Air Pollution
Control Regulations.

2.
This Agreement does not preclude ADEQ from asserting jurisdiction over any
source pursuant to A.R.S. § 49-402(B). ADEQ retains the authority to register the
deposit, transfer, and use of emission reduction credits, and administer the
voluntary Arizona emissions bank pursuant to A.R.S. § 49-410(C).

3.
When inspections are referenced in the delegated Functions and Duties they can
include pre-inspection file review, contact with facility personnel to discuss the
upcoming inspection and questions from the file review, any investigative work
necessary for completing a thorough inspection or post-inspection follow-up, the
inspection itself, and the closing conference to review the inspection with the
facility personnel. Arizona Revised Statutes, Title 41 inspection procedures and
other applicable inspection laws and rules must be followed.

4.
If both permitting and inspection functions are not delegated to an LA for a
particular permit type, nuisance responses for that permit will be conducted by
ADEQ and not the LA. LA’s are encouraged to work with ADEQ on nuisance
responses and utilize their own authority to mitigate nuisances as quickly as
possible.

C.
PERSONNEL QUALIFICATIONS
The following describes the personnel qualifications that are required for persons
performing the delegated Functions and Duties in the table in Section A. If a qualification
is listed in the table in Section A, that duty may be performed by a person with that
qualification. If multiple qualifications are listed, a person who meets any of those
qualifications may perform the duty.
Minimum qualifications must be met by all staff. Existing staff who do not meet the
minimum qualifications as of the date of execution of this Agreement may receive an
exception by their manager for up to two years.

1.
Permit evaluations shall be performed by, or under the direct supervision of, an
engineer qualified through air quality permitting experience or registration as a
professional engineer in the State of Arizona. A Professional Engineer registered in
the State of Arizona pursuant to A.R.S. § 32-123 and A.A.C. R4-30-224 as
determined by the Board of Technical Registration. See A.R.S. § 32-4302
concerning universal licensing.
2.
Compliance duties may be performed by personnel with the minimum
qualifications of a four-year degree in Engineering or in a science field, or a
combination of training, education and experience which demonstrates ability to

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EV24-0020

perform the duties of the position.
3.
Inspectors must maintain current certification as a Visible Emission Observer, as
specified in Arizona Testing Manual Revision F, and attend training equivalent to
that specified in EPA Order 3500.1. Training for current inspectors must be
completed within 18 months. Training for newly hired inspectors must be
completed within 18 months of hiring.

D.
REPORTING REQUIREMENTS

1.
Unless otherwise required by law or Arizona State Archives retention schedules,
the Parties shall retain, in paper or electronic format, all data, books, accounts,
reports, files, documents, permit applications, emission reduction credit
applications (Records) relating to this Delegation and performance of the
Delegation in accordance with the Maricopa County Air Quality Department
Custom Records Retention Schedule CS-1062. The Parties shall have full access
to, and the right to examine, copy, and make use of all records relevant to this
Delegation.
2.
The Parties shall not disclose any information that is exempt from disclosure
under Arizona law.
3.
The LA shall provide ADEQ a copy of the emission reduction credit (ERC)
certifications after the ERC review process has been completed. This notification
requirement shall fulfill the reporting obligation in the Delegation Agreement.

E.
LOCAL FEE AUTHORITY
An LA may have authority to enact fees for delegated Functions and Duties, which is
different from ADEQ’s fee authority. In all cases, an LA may not charge a duplicative fee
for a service that is already covered by an ADEQ fee, and if the LA is utilizing ADEQ’s
fee authority, fees charged by the LA must be consistent with ADEQ fee authority.

F.
AGENCY CONTACT PERSONS
The following LA employee is responsible for administering the delegated Functions and
Duties pursuant to this Appendix and is the contact person when ADEQ must provide
notice to the LA. The LA employee is responsible for distributing any notice received to
other staff and managers. The LA shall provide ADEQ written notice of any successor.

Maricopa County

Title:
Philip A. McNeely, Director
Maricopa County Air Quality Department

Address: 301 W Jefferson St, Suite 410, Phoenix, AZ 85003

Telephone: 602-506-6443

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Email: PHILIP.McNEELY@Maricopa.Gov

The following ADEQ employee is responsible for administering the Functions and Duties pursuant
to this Appendix. ADEQ shall provide the LA written notice of any successor.

Title:
Director
Air Quality Division, Arizona Department of Environmental Quality
Telephone:
(602) 771-4684

The naming of a successor to any of the above-named individuals shall not require the re-
execution of or an amendment to this Agreement.

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EV24-0020

Signature Page
for
Maricopa County Delegation Agreement #EV24-0020

Maricopa County

________________________________________________________________________
County Manager
Date

County Board of Supervisors

________________________________________________________________________
Chairman

Date

Attest:

________________________________________________________________________
Clerk of the Board

Date

Arizona Department of Environmental Quality

________________________________________________________________________
Waste Programs Division Director
Date

Arizona Department of Environmental Quality

________________________________________________________________________
Water Quality Division Director
Date

Arizona Department of Environmental Quality

________________________________________________________________________
Air Quality Division Director

Date