CONSENT ORDER S-2-10 AMENDMENT #2 (ANDY LINTON, INTERIM DIRECTOR).PDF

Initials ____ 
 
BEFORE THE DIRECTOR OF THE 
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 
 
 
In the Matter of: 
 
Cave Creek Landfill located at 8.3 miles east 
of I-17, approximately 1/2 mile south of 
Carefree Highway Phoenix,  Maricopa County, 
Arizona  
 
ADEQ Place ID 1169 
 
) 
) 
) 
) 
) 
) 
) 
) 
) 
AMENDMENT # 2 TO  
CONSENT ORDER 
 
 
Docket No.  S-2-10 
 
I. RECITALS 
A. Maricopa County, a political subdivision of the State of Arizona (Maricopa County), is the  
owner and/or operator of Cave Creek Landfill located at 8.3 miles east of I-17, 
approximately 1/2 mile south of Carefree Highway, Phoenix, Maricopa County, Arizona. 
B. Jack Sellers is Chairman of the Maricopa County Board of Supervisors and Maricopa 
County certifies that he is fully authorized to execute this Amendment # 2 to Consent Order 
S-2-10 on behalf of Maricopa County and to legally bind Maricopa County to this Consent 
Order. 
C. The Director of Arizona Department of Environmental Quality (ADEQ) and Maricopa 
County entered into Consent Order S-2-10, effective on January 19, 2010, and Amended 
on September 27, 2016. 
D. On March 25, 2024, Maricopa County requested to change the sampling protocol to address 
the increasing contaminant concentration trend in MW-17.  ADEQ approved the change to 
the sampling protocol by letter PRU24-081 on April 4, 2024. 
E. Maricopa County and ADEQ agree to amend Consent Order S-2-10, as stated below in 
Section II. Amendment.  
 
II. AMENDMENT 
A. 
On Consent Order S-2-10, Section III, Compliance Schedule, is amended to include 
the following:

-2-  
Initials ____ 
 
F. By March 15, 2025, Maricopa County shall provide the early conclusions and 
groundwater modeling based on the analytical results compiled through 
December 31, 2024. 
G. By January 15, 2026, Maricopa County shall provide a comprehensive report and 
updated groundwater model.  Adjustments to the remedial action plan (RAP) shall 
be proposed for approval by ADEQ. 
 
III. EFFECTIVE DATE 
The effective date of this Amendment # 2 to Consent Order S-2-10 is the date this Amendment is 
signed by ADEQ and Maricopa County.  If ADEQ and Maricopa County sign on different dates, 
the later date is the effective date of this Amendment. 
 
Signed on __________________. 
 
____________________________________ 
Ana I. Vargas, Division Deputy Director 
Waste Programs Division  
Arizona Department of Environmental Quality 
 
 
 
 
CONSENT TO ORDER 
Jack Sellers, on behalf of Maricopa County, acknowledges that he has read all of the Consent 
Order. Jack Sellers agrees: 
A. With the statements made,  
B. To this Amendment # 2 to Consent Order S-2-10 with the Arizona Department of 
Environmental Quality,  
C. That Maricopa County will comply with this Amendment # 2 to Consent Order S-2-10 
and waive any right to appeal, and, 
D. That the Consent Order S-2-10 shall remain in full force and effect, except as modified 
by this Amendment # 2 to Consent Order S-2-10.

-3-  
Initials ____ 
 
 
Signed on ___________. 
 
_____________________________________ 
Jack Sellers, Chairman of the Board of Supervisors 
Maricopa County Board of Supervisors 
 
ATTEST: 
 
 
______________________________________ 
Clerk of the Board 
 
 
Approved as to form:  
 
 
______________________________________ 
Deputy County Attorney 
 
 
 
I HEREBY CERTIFY that on ___________, the ORIGINAL was filed in the facility file 
located at: 
Arizona Department of Environmental Quality 
1110 W Washington St 
Phoenix, AZ 85007-2935 
 
 
I HEREBY CERTIFY that on __________, a true and correct copy was emailed, if provided, or 
sent via USPS regular mail to: 
Jack Sellers, Chairman 
Maricopa County Board of Supervisors 
301 W Jefferson Street 
10th Floor 
Phoenix, AZ85003 
Maricopa County Clerk of the Board 
clerkboard@maricopa.gov

-4-  
Initials ____ 
 
I HEREBY CERTIFY that on ___________, a true and correct copy was emailed, if provided, 
or sent via USPS regular mail to: 
 
Arizona Department of Environmental Quality 
Office of Administrative Counsel 
 
Curtis Cox, Chief Counsel, Environmental Enforcement Section, Office of the Attorney General 
Brandi Hall, Unit Manager, Solid Waste Unit 
Melanie Rodriguez, Case Manager, Solid Waste Unit 
Jordan Adams, Hydrogeologist, Solid Waste Unit 
 
Andy Linton, Interim Director Maricopa County Environmental Services Department 
andy.linton@maricopa.gov 
 
 
 
 
_______________________________ 
 
 
 
 
Hearing Administrator