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ARF- 3676

Consent Agenda Item 3. A.

Regular BOS Meeting

Meeting Date:	04/19/2016
Submitted By:	Michael O'Driscoll, Director
Department:	Health & Emergency Management	Division:	Health Services

Information

Request/Subject

Approval of updated Delegation Agreement between the Arizona Department of Environmental Quality (ADEQ) and Gila County Division of Health and Emergency Services to administer the onsite wastewater program.

Background Information

On October 9, 2007, Gila County Board of Supervisors approved Delegation Agreement No-06-0020 between the Gila County Community Development Division, Gila County Health and Community Services Division, and ADEQ to delegate functions of ADEQ statutes, rules and policies for water quality and solid waste management functions and duties. On June 26, 2012, the Gila County Board of Supervisors approved an extension to Delegation Agreement No-06-0020.

On November 16, 2015, the onsite wastewater program was transferred from the Gila County Community Development Division to the Health & Emergency Services Division which necessitated the need for an updated Delegation Agreement. The new updated Delegation Agreement has the following changes made to it:

Updated contract number to conform to the ProcureAz system; and, that was changed from EV12-0053 to ADEQ16-114067.
Page 1- Replaced the reference to A.R.S. 11-952 with A.R.S. 49-107 because this document is a Delegation Agreement, not an Intergovernmental Agreement for the joint exercise of powers common to the County and ADEQ.
Page 3 - Added to Paragraph D the E-verify requirements in A.R.S. 41-4401(A) and 23-214(A) that shall be included in every government contract.
Page 4 - Replaced the word "intent" with "request" in Paragraph G.6 to clarify that ADEQ is to forward the Local Authority's (LA) request and that the LA does not have authority to initiate an enforcement action where the Arizona Attorney General has exclusive authority to bring an action.
Page 5 - Clarified in Paragraph H.1 that ADEQ will pay for only the Office of Administrative Hearing's costs on behalf of the County, not the County costs.
In Appendix A at Item 5 concerning 4.23 General Aquifer Protection Permits added "Not applicable to LA" as requested by Gila County.
Updated Appendix B at C.4 to change "Environmental Health Specialist series" to "Environmental Scientist and Specialist" series after ADEQ reclassified its positions (job description attached).
Added to the Signature Page language to memorialize the date of approval by the County Board of Supervisors pursuant to its authority and replaced reference to A.R.S. 11-952 with A.R.S. 11-201(A)(3) and 49-107.

Evaluation

This agreement delegates the execution of the ADEQ Individual On-Site Sewage Treatment Rules to Gila County. This delegation allows Gila County to serve its residents directly and receive the permit fees for the services provided.

Conclusion

This Delegation Agreement with ADEQ allows the Health and Emergency Services Division to provide oversight for individual on-site wastewater systems and conduct enforcement activities to mitigate surfacing effluent on properties in Gila County.

Recommendation

Michael O'Driscoll, Health and Emergency Services Division Director, recommends approval of Delegation Agreement ADEQ16-114067 with ADEQ to accept functions of ADEQ statutes, rules and policies for water quality and solid waste management functions and duties.

Suggested Motion

Approval of Delegation Agreement No. ADEQ16-114067 (replaces Agreement No. EV12-0053) with the Arizona Department of Environmental Quality (ADEQ) to accept functions of ADEQ statutes, rules and policies for water quality and solid waste management functions and duties.

Attachments
ADEQ16-114067 Delegation Agreement
2016 ADEQ Delegation Letter
2012 ADEQ Delegation Agreement extension
2007 ADEQ Delegation Agreement
County Attorney Comment