Janice K. Brewer, Governor
Benjamin H. Grumbles, Director

2010
Annual Report
Director’s

A Message from the Director…
Fiscal year 2010 was another year of progress at the Arizona Department of
Environmental Quality despite funding cutbacks and the agency losing more than 10
percent of its work force because of retirements, attrition and layoffs.
But the department laid the groundwork for solid financial footing in the future as ADEQ
was granted authority to revise fees in the Water Quality Division for aquifer protection
permits, direct use of reclaimed water permits programs and establish fees for the
Arizona Pollutant Discharge Elimination System permits program. Discussions also
continued in the Waste Programs Division in an attempt to make the Hazardous Waste
Program and the Solid Waste Program generate sufficient revenue to support the costs of
the programs
Each of ADEQ’s three divisions also brought to fruition significant settlements on longstanding enforcement cases.
The Water Quality Division culminated a $500,000 penalty case against Far West Water
and Sewer, Inc. and H & S Developers, Inc. for numerous water quality violations in
Yuma County. The Waste Programs Division finalized a $400,000 penalty package
involving Bell Gas of Arizona, a leaking underground storage tank case involving
contamination with petroleum products at numerous sites throughout the state. The Air
Quality Division reached a monetary settlement of $225,000 with Gerald Martin Ltd. for
alleged asbestos violations that occurred during the 2007 demolition of the Bureau of
Indian Affairs school dormitory in Holbrook.
ADEQ spearheaded the formation of a blue ribbon panel on water sustainability with the
Arizona Department of Water Resources and Arizona Corporation Commission, which is
a statewide effort to boost water sustainability through increased conservation and
recycling.
The department also implemented successful initiatives like the Free Electronic Waste
Recycling Program and continued to improve delivery of services and increase focus on
the central functions of its mission: to protect and enhance Arizona’s environment and
the health and safety of the state’s citizens.
More detailed information about our department’s programs may be found on the
agency’s Web site at: www.azdeq.gov.
Benjamin H. Grumbles
Director

ADEQ Annual Report 2010 – Page 1

ADEQ at a Glance...
The Arizona Legislature established ADEQ as the state’s environmental regulatory
agency under the Environmental Quality Act of 1986. Its mission is to protect and
enhance public health and the environment in Arizona. The department achieves this
mission by administering our state’s environmental laws and delegated federal programs
to prevent pollution of our air, water and land, and to clean up such pollution when it
occurs.
During FY 2010 ADEQ had an average of 593 employees. The department’s
organizational structure is composed of four programmatic divisions that fulfill our
environmental protection mission in the areas of air quality, water quality, waste
programs and tank programs. Those divisions are supported by the director’s office and
an administrative services division.
Our agency’s core functions are vital to public health and safety. The core functions align
with the agency mission, strategic plan and performance objectives, which are
summarized below.

Pollution Control
Permitting – ADEQ issues permits, approvals and certifications to ensure that facilities
are constructed and operated in accordance with the law and that any discharges to the
air, water and soil are within healthful standards established by law.
Planning – ADEQ’s planning specialists develop management practices and increasingly
stringent control strategies in areas where health-based environmental standards are
threatened or violated. Arizona’s air quality management areas and watershed planning
efforts are examples of this activity.
Pollution Prevention – As an alternative to regulatory enforcement, ADEQ offers
guidance, assistance and financial incentives to encourage businesses to minimize waste
and resulting pollution.

Environmental Clean Up
Remediation – ADEQ investigates and oversees the removal and cleanup of
contaminated soil and groundwater to protect public health and the environment.
Emergency Response – ADEQ provides technical support and assistance to emergency
response agencies to help them minimize the impacts to public health and the
environment in the areas of air quality, water quality and hazardous waste.
ADEQ Annual Report 2010 – Page 2

Voluntary Remediation Program - Through ADEQ's Voluntary Remediation Program
(VRP), property owners, prospective purchasers and other interested parties investigate or
clean up contaminated sites in cooperation with ADEQ. VRP results in a streamlined
process for program participants who work with a single point of contact at ADEQ to
address applicable cross-program remediation efforts. ADEQ reviews these voluntary
remedial actions and provides a closure document for successful site remediation that is
accepted by all relevant ADEQ programs.

Compliance Management
Compliance Assistance – ADEQ offers a variety of informational resources to help
businesses understand and comply with environmental regulatory requirements and
promote positive environmental practices.
Inspections – ADEQ inspects facilities on a regular basis and in response to citizen
complaints to ensure compliance with environmental laws.
Enforcement – ADEQ ensures compliance with environmental laws by pursuing
informal enforcement through notices of opportunity to correct or notices of violation and
formal enforcement through administrative orders and judicial enforcement actions in
conjunction with the Arizona Attorney General’s Office.

Monitoring and Assessment
Monitoring – ADEQ’s monitoring personnel collect air, water and soil samples for
laboratory analyses to determine the presence or absence of contaminants.
Assessment – ADEQ’s assessment staff interpret the data that result from field research
to draw conclusions about environmental indicators and trends and form the basis for
future planning and policy decisions.

Public Outreach
Education and Outreach – ADEQ offers a variety of seminars, workshops, presentations
and publishes information via newsletter and the Internet to inform the public about
department programs and activities. ADEQ also supports numerous advisory and
stakeholder groups and conducts public hearings and meetings in support of our
regulatory and public policy functions.
Financial Assistance – ADEQ offers financial assistance for leaking underground
storage tank cleanup costs and provides grants to local governments for air quality and
ADEQ Annual Report 2010 – Page 3

water quality programs. Other ADEQ programs also make funding available to eligible
applicants for recycling, water quality and pollution prevention projects and activities.

Public Policy
Policy Development – ADEQ works with state and national organizations and
stakeholders to shape and influence environmental policy at the state and federal levels.
Policies are developed to explain how we interpret statutes and rules to ensure consistent,
equitable decisions and to inform the public about how we do business.
Rule Development – ADEQ writes rules, based on science and public policy, to
implement the broad statutory language contained in legislation.

ADEQ Annual Report 2010 – Page 4

FY 2010 Accomplishments...
Pollution Control – Permitting
De Minimis General Permit
On April 27, 2010, ADEQ re-issued the De Minimis General Permit (DGMP)
(AZG2010-001). The permit authorizes discharges associated with potable and reclaimed
water systems, subterranean dewatering, well development, aquifer testing, and
hydrostatic testing of specified types of pipelines to waters of the United States.
Authorization is obtained by filing a Notice of Intent to Discharge with ADEQ. The new
permit also authorizes discharges from residential cooling water, charitable car washes,
building and street washing, and dechlorinated freshwater swimming pool drainage to
waters of the U.S. All of these types of discharges, if properly managed, will not have
significant impacts on water quality or the environment. DGMP-eligible discharges are
generally infrequent, of low volumes, or of short durations (less than 30 consecutive
days) and meet surface water quality standards. Permittees must utilize best management
practices to minimize pollution. The permit, first issued in 2004, is very popular with
municipalities, water companies and well drillers. As an alternative to individual Notices
of Intent for specific discharges, the DMGP allows persons to obtain coverage of
discharges from multiple locations within defined areas such as service areas, project
areas, or municipal boundaries (like fire-hydrant flushing and well flushing).
Concrete Batch Plant General Permit Renewal
The Air Quality Division’s permits section put significant effort into renewing the
general permit for concrete batch plants. While planning for renewal of the permit, it was
determined that a new ambient air dispersion model should be run to ensure that public
health and welfare is protected. The modeling effort included significant amounts of
communication with the regulated community, including site visits. The permit was
strengthened to include more restrictive limits for those sources operating in
nonattainment areas.

Environmental Clean Up – Remediation
$500,000 Settlement in Far West Water and Sewer, Inc. Case
In July 2009, ADEQ and the Attorney General’s Office finalized a $500,000 settlement
with Far West Water and Sewer, Inc. and H & S Developers, Inc. for numerous water and
air quality violations in Yuma County. The Attorney General’s office filed a 50-count
lawsuit against Far West and H & S Developers, Inc. in September 2008 alleging
violations at their seven wastewater treatment plants and drinking water treatment plant.
The violations included operating plants without environmental permits; reusing
ADEQ Annual Report 2010 – Page 5

reclaimed water for golf course irrigation without proper authorization; failing to monitor
and report analytical data for contaminants in both drinking water and wastewater; failing
to notify ADEQ about permit violations in a timely manner; and operating the drinking
water plant without a certified operator.
Far West and H &S Developers, Inc. will pay a $150,000 penalty and perform a
supplemental environmental project totaling $150,000. The supplemental project includes
a $20,000 donation to aid the City of Yuma’s East Wetlands riparian restoration project
and installation of equipment to remove water from sludge at its Del Oro wastewater
treatment plant. Far West must also place $200,000 in a secured bank account pending
successful completion of a multimillion-dollar project within 18 months to upgrade and
expand its Del Oro, Section 14 and Seasons treatment facilities as well as its Del Oro and
Palm Shadows collection systems. The $200,000 could be refunded, in full or part,
depending on Far West’s success with its project. The project involves the use of state-ofthe-art membrane bioreactor technology to produce Class A+ reclaimed water at the
facilities. It also allows the consolidation of operations by closing the Villa del Rey, Villa
Royal and Palm Shadows wastewater treatment plants and directing those flows to the
upgraded Del Oro and Section 14 treatment facilities.
WPD Directs Federal Stimulus Funds to Clean Up Contamination at Leaking
Underground Storage Tank (LUST) Sites
After the American Recovery and Reinvestment Act of 2009 (ARRA) was signed into
law in February 2009, ADEQ received $3,219,000 in ARRA funding from the U.S.
Environmental Protection Agency (EPA) to assist with assessments and cleanups of soil
and groundwater contamination at 26 LUST sites throughout Arizona.
Since the July 15, 2009 award date, the WPD, through its State Lead contract, has entered
contracts with 11 private vendors to clean up petroleum contamination at the 26 LUST
sites in 20 different towns and cities. The majority of these sites have “orphan” or
abandoned USTs. The sites are located primarily in rural parts of Arizona, including old
gasoline service stations or other businesses in Prescott, Holbrook, Parker, Willcox,
Dewey-Humboldt, Coolidge, Safford, Winslow, Globe, Williams, Wellton, Somerton,
Greer, Clay Springs, Sonoita, Truxton, and a school in Yuma.
ADEQ has currently obligated over $3,172,116 (98 percent) and spent more than
$1,433,159 (45 percent) of the ARRA award funds to help the communities with their
UST contamination cleanups. To date, the monies have resulted in six site assessments
initiated, seven site assessments completed, 20 site cleanups initiated, and four cleanups
completed.
WPD Remediation Totals for FY 2010

ADEQ Annual Report 2010 – Page 6

Through the remedial projects section, the Waste Program Division identifies, assesses
and cleans up soil, groundwater and surface water contaminated with hazardous
substances. The program conducts these efforts throughout Arizona with support from
state and federal funds. The program also oversees privately funded cleanup efforts.
In FY 2010 at state sites, 3,390 million gallons of groundwater were treated, which
resulted in the removal of 2,503,448 pounds of metals, and 2,791 pounds of volatile
organic compounds.
In FY 2010 at federal sites, 10,466 million gallons of groundwater were treated, which
resulted in the removal of 258,656 pounds of volatile organic compounds, 16 gallons of
free petroleum product and 42,520 pounds of nitrates from the environment.

Compliance Management – Inspections and Enforcement
Settlement of Asbestos NESHAP Enforcement Action Against Gerald Martin, Ltd.
In January 2010, ADEQ settled an enforcement action against Gerald A. Martin Ltd.
ADEQ reached a monetary settlement of $225,000 for alleged asbestos violations that
occurred during the 2007 demolition of the Bureau of Indian Affairs school dormitory in
Holbrook. In August 2007, analysis revealed that materials containing asbestos were
disturbed during the demolition of the dormitory. On Aug. 29, 2007, ADEQ issued an
order of abatement to Gerald A. Martin Ltd, requiring compliance with state and federal
asbestos air quality requirements. After consulting with ADEQ on measures to reduce the
health risks associated with the removal of the contaminated debris, Gerald A. Martin
Ltd. reportedly spent more than $900,000 handling and disposing the asbestos in the
demolition debris in accordance with approved procedures. All of the demolition debris
was removed by Nov. 7, 2007.
Settlement of Asbestos Enforcement Action at Marine Corp Air Station in Yuma
In June 2010, ADEQ settled an enforcement action against Hunt Building Company,
Ltd., Camp Pendleton and Quantico Housing, LLC and Flores-Sierra Contractors, Inc.
ADEQ reached a monetary settlement of $100,000 for alleged asbestos violations that
occurred during housing renovations at the Marine Corps Air Station in Yuma. In 2006,
residents living in the on-base housing units complained to ADEQ about the amount of
dust being generated by the renovations that were occurring while the families were
living in the housing units. ADEQ inspections revealed that the defendants had disturbed
regulated quantities of asbestos-containing materials during the renovation activities. In
addition to the monetary penalty, the defendants also agreed to reimburse residents living
in the housing units in January and February 2006 any uninsured costs of medical
screening for asbestos.

ADEQ Annual Report 2010 – Page 7

Monitoring and Assessment
ADEQ Merges Tank Programs Division into Waste Programs Division
In a move to streamline operations and reduce spending, ADEQ’s Tanks Program
Division was merged into the Waste Programs Division in March 2010. All activities
relating to underground storage tanks, leaking underground storage tanks and the State
Assurance Fund are now within the realm of the Waste Programs Division.

Public Outreach – Education and Outreach
ADEQ Awards $1.9 Million in Water Quality Improvement Grants
In its FY 10 cycle, ADEQ’s Water Quality Improvement Grant Program (WQIG)
awarded $1.9 million in grants to eight projects to address nonpoint source water
pollution throughout the state of Arizona.
All eight grants were awarded to education and implementation projects that will address
issues such as erosion and sediment control, mining, stormwater runoff, recreational
impacts, grazing and alternative water systems, septic tanks, and watershed improvement
plan development. Three of these grants were located in watersheds that were specifically
targeted by ADEQ for funding during the FY 10 grant cycle. These watersheds were
identified based upon the existence of both a nonpoint source pollution-related water
quality impairment and a high level of community interest in working to address the
impairment.
Nonpoint source pollution is caused by pollutants that are carried into lakes, streams and
groundwater resources through overland runoff and is considered one of the most
significant threats to water quality nationwide. Protecting against nonpoint source
pollution remains a top priority for ADEQ in its efforts to protect public health and the
environment in Arizona.
The following grants were awarded:
 $595,370 to the Franciscan Friars of California, Inc. for a topsoil cap at the
abandoned Gibson Mine site to reduce the leaching of copper into Pinto Creek.
About 82,000 tons of topsoil will be laid about two feet deep over about 10 acres
of the disturbed surface of the abandoned mine site, located northwest of Miami
in Gila County. The soil will be graded in such a way as to slow and dissipate
runoff and will be heavily seeded with native plant species. ADEQ awarded a
$570,106 grant to the mine owners in 2005 to remove tailings piles that were
leaching copper into Pinto Creek and $140,171 in 2006 to construct a detention
and treatment basin to catch and filter runoff from the Mineral Creek side of the
abandoned mine site, limiting copper-laded runoff to the creek.
ADEQ Annual Report 2010 – Page 8

 $550,000 to the Lake Havasu City Public Works Department to allow the city to
continue to replace septic tanks with new connections to the city’s wastewater
system in the Chemehuevi, Mockingbird and Trotwood neighborhoods in the
southeast part of the city. The grant money will be used to offset the cost of
closing 3,100 residential septic tanks, which are being connected to the
wastewater system in the ninth year of Lake Havasu City’s sewer expansion in
Mohave County. The city’s wastewater pipes and treatment plant will help to
protect the waters of Lake Havasu, which have been polluted by nitrates and other
contaminants that leach from septic tanks to groundwater to the lake itself.
 $265,551 to Coronado Resource Conservation & Development, Inc. to form a
watershed improvement council and rectify E. coli problems in the San Pedro
River near the community of St. David in Cochise County. The project will
identify sources of E. coli along a 17-mile stretch of the river from the mouth of
Babocomari Creek, a tributary of the San Pedro, to Dragoon Wash and develop a
comprehensive plan to address the problems. In addition to forming the local
oversight watershed council and developing a water quality improvement plan,
the grant money will be used to develop a long-term monitoring and
implementation strategy and assess water quality.
 $163,396 to Watershed Management Group to help control pollution from storm
water runoff through training and education in two Tucson neighborhoods, Barrio
Kroeger Lane, located east of the Santa Cruz River, and Barrio Centro, located in
the Upper Tucson Arroyo watershed. The grant money will be used to train
community volunteers and develop a plan of action to keep storm water pollutants
like automobile grease and oil, landscaping chemicals, fertilizers and pet waste
from entering area arroyos.


$123,604 to the Little Colorado River Plateau Resource Conservation and
Development Area, Inc. for a project to protect water quality in the Coyote Creek
area in Apache County, just south of Lyman Lake and between Springerville and
St. Johns. The grant money will be used to create a watershed improvement
council and establish best management practices in the Coyote Creek
subwatershed. It also will establish criteria for selecting sites for projects to
reduce sediment and turbidity, developing volunteer water monitoring efforts and
setting up monitoring criteria.

 $100,246 to the Gila Watershed Partnership of Arizona to reduce E. coli levels in
the San Francisco River in eastern Arizona. The grant money will be used to
install the third of four wells away from the river to provide water for livestock
owned by the Kaler Ranch. The Kaler family has agreed to remove the cattle year
round from the riparian area once the cattle have sufficient water from the
alternative drinking water sources. The levels of E. coli in the river will be
reduced as the grazing habits of cattle disperse in the surrounding land area.

ADEQ Annual Report 2010 – Page 9

 $70,791 to Tonto Watershed Improvement Group to improve water quality in the
Tonto Creek and Christopher Creek areas near Payson. Both creeks in recent
times have had elevated levels of E. coli, phosphates and nitrates and problems
with dissolved oxygen content in the water being too low, which negatively
affects many desirable species of fish like trout. The grant money will be used
over two years to recruit a volunteer coordinator and train volunteers to become
proficient in using water testing equipment, documenting results and developing
techniques to improve the watershed.
 $44,200 to the Gila Watershed Partnership of Arizona to continue its stewardship
program in the Upper Gila Watershed. Phase 2 of the Upper Gila Watershed
Project will offer four semesters of classes about monitoring and controlling
sediment on the river, conducting field surveys, data searching, and developing
data so that it can be used in future efforts directed toward receiving a targeted
watershed grant to address sedimentation on the Gila River.
WPD Awards Brownfields Grants
A Brownfields site is an abandoned or underused property that suffers from known or
perceived environmental contamination. ADEQ awarded $111,911 this year in
Brownfields grants to communities throughout the state.
WPD funded several projects including:
 $37,100 to the Town of Huachuca City in Cochise County for an asbestos cleanup
of one of the old Buffalo Soldiers buildings from Camp Naco that was partly
destroyed by fire. This was in response to the potential threat to public health and
safety. The town plans to continue the preservation and renovation of Camp Naco
as an important historical site in Arizona.
 $32,424 to the City of Winslow in Navajo County for assessment of a former
wood treatment facility. The city is working with the private owner to redevelop
the site into a technical trade school for the area that will specialize in teaching
welding skills.
 $7,838 to the City of Globe in Gila County for an asbestos survey to quantify the
amount of asbestos-containing materials present in three older buildings before
their demolition in preparation for the construction of a new, larger city library.
 $7,258 to the City of Winslow to conduct an environmental assessment of a
former railroad pump house on Clear Creek in order to expand the recreational
public use of a hiking trail which extends from Clear Creek Reservoir. The project
will include drinking water fountains and restrooms in a new recreational area.

ADEQ Annual Report 2010 – Page 10

 $6,225 to the City of Flagstaff in Coconino County for an environmental
assessment of four downtown properties that will become part of a major
redevelopment project called the Mountain Line Multi-Modal Transfer Center.
The redeveloped site will act as a transit hub in which passengers can easily
access all primary business, residential, educational, recreational, and retail
centers in and around the Flagstaff region. The finished project also will provide
an alternative transportation choice to downtown employees for which there will
be both an economic and environmental benefit.
 $4,588 to the Town of Youngtown in Maricopa County for environmental
assessment of a former RV repair shop property owned by the town. The town
also wants to sell this property for redevelopment purposes to increase revenue.
 $4,528 to Greenlee County for environmental assessment of vacant land at the
county airport property. The environmental assessment will help the county
expand and consolidate its facilities and public services on the property.
 $4,219 to the City of Apache Junction in Maricopa County to complete the
environmental assessment of vacant state trust land to be leased in the future for
an industrial park to bring new jobs and tax revenue to the city.
 $4,180 to the City of Flagstaff for an environmental assessment of 40 acres of
land used for wastewater biosolid processing at the Wildcat Hill Wastewater
Treatment Facility. The city is researching the feasibility of using biosolid-toenergy technology that will reduce the amount of land needed to process the
biosolids. The city hopes that both residents and tourists will be able to view
renewable energy generation rather than 40 acres of sludge in the future.
 $3,551 to the Town of Youngtown in Maricopa County for an environmental
assessment of the town’s public works yard in preparation for possible sale of the
property for redevelopment.
Free Electronic Waste Recycling Program Begins
In August 2009, ADEQ co-sponsored its first of 16 free electronic waste recycling events
in FY 2010 throughout Arizona and a total of 336,704 pounds of e-waste was collected
from 2,459 vehicles during the first fiscal year of the program. The events were held in
Show Low, Williams, Payson, Globe (twice), Superior, Nogales, Sun City West, two
Whole Foods Markets in Tucson, five Whole Foods Markets in the Phoenix metropolitan
area, Lake Havasu City, Casa Grande, Cottonwood, Camp Verde, Thatcher and Winslow.
In addition to the many municipal and county co-sponsors, ADEQ collaborated with a
number of other entities to stage the events including Wal-Mart, Grand Canyon Railway,
Freeport-McMoran Copper and Gold, Resolution Copper Mining, Nogales International,
Friends of Santa Cruz River, Fresh Produce Association of the Americas, PORA,
ADEQ Annual Report 2010 – Page 11

Recreation Centers of Sun City West, Whole Foods Markets, World Care, Society of St.
Vincent DePaul, Keep Havasu Beautiful, Larsen Baker, Cartridge World, Stewards of
Public Lands, UniSource Energy, Camp Verde Chamber of Commerce, Yavapai-Apache
Nation, Gila Watershed Partnership, Volvo Rents, Bashas, Napa, Safeway, Little
Colorado Resource and Conservation District and Hopi Economic Development
Corporation. The electronic waste recycling companies E-Waste Harvesters, Westech
Recyclers and Green-Tech Assets of Phoenix all partnered with ADEQ in the events.
The program was started because of serious problems created by the improper disposal of
e-waste, including possible soil and water contamination from toxic substances like lead
and cadmium. Electronic waste also takes up large amounts of valuable landfill space.
Greening Water and Wastewater Infrastructure Workshop
On Jan. 12, 2010, the Water Quality Division and Maricopa Association of Governments
co-sponsored a “Greening Water and Wastewater Infrastructure Workshop.” The
workshop was funded by a grant from the Environmental Protection Agency to ADEQ
under the American Recovery and Reinvestment Act of 2009.
The workshop was attended by about 150 people representing public and private utilities,
consulting firms, academia, as well as state and federal agencies and highlighted
strategies for integrating green technologies into water and wastewater treatment and
funding opportunities that are available. With about 80 percent of municipal water and
wastewater processing and distribution costs being for electricity, many of the
presentations focused on the water/energy nexus and methods for eliminating energy
waste. In addition, opportunities were discussed for capturing energy from water and
wastewater infrastructure using solar, methane, biofuel, hydrotubines, and other
technologies.
The workshop provided water and wastewater professionals with valuable resources and
contacts and provided EPA and the U.S. Department of Energy an opportunity to become
more acquainted with some of the challenges and progress being made in Arizona. This
workshop served as an important step to a more sustainable future. Following the
workshop, a menu of ideas was developed for making water and wastewater treatment
plants more sustainable. To assist utilities with implementing the ideas, links to resources
and contacts were also provided. In addition, potential next steps for greening water and
wastewater infrastructure in the region have been included.
Certified Operator Workshops
ADEQ’s Safe Drinking Water Program continued its outreach and continuing education
efforts by holding training workshops aimed primarily at certified operators of small
public water systems, which serve less than 3,300 people. In FY 2010, the Water Quality
Division played host to 22 workshops throughout the state which were attended by nearly
ADEQ Annual Report 2010 – Page 12

1,500 people. The workshops covered industry related topics including the understanding
and operations of pumps and motors, water chemistry, math, backflow and cross
connection, workplace safety, emerging treatment technologies, emergency
preparedness/response, well construction and performance and regulatory requirements.
Most of the classes incorporated hands-on learning exercises relevant to the day-to-day
operation of a public water system. The events consistently received excellent reviews
from the attendees. Through a special grant from the U.S. Environmental Protection
Agency, more than 230 eligible, certified operators were able to attend the trainings and
received reimbursement for expenses.

Public Policy – Policy Development
Blue Ribbon Panel on Water Sustainability Formed
In August 2009, the formation of a blue ribbon panel on water sustainability was
announced. ADEQ Director Ben Grumbles, Arizona Department of Water Resources
Director Herb Guenther and Arizona Corporation Commission Chairman Kris Mayes will
direct the statewide effort to boost water sustainability through increased conservation
and recycling.
Gov. Jan Brewer, during an April 2009 Earth Day speech in Phoenix, highlighted water
conservation and recycling as priorities for the state. She directed ADEQ and ADWR to
work together and formulate a plan of action to achieve water sustainability. The panel
will have a number of tools at hand involving technology, innovation, and collaboration
to reduce water waste and inefficiency, recycle water, and restore watersheds.
Among the ideas being considered include the importance of water efficient technologies
and practices, the need to recognize the nexus of water and energy, additional
conservation incentives and the assistance of the Water Infrastructure Finance Authority
of Arizona. The three-agency group will look to identify and overcome obstacles to
increased water sustainability. Of particular interest will be suggestions and concerns of
cities, towns, and other water providers involved in implementing new strategies. A key
part of the multi-agency collaboration will be a focus on water reuse. The blue ribbon
panel will provide advice on the technical, legal, and policy aspects of promoting
recycling of wastewater, graywater, industrial process water, and stormwater and is
expected to have a report concluded by the end of 2010.
Technical Support for the 5% Annual Reasonable Further Progress for Metropolitan
Phoenix Serious PM10 Nonattainment Area Plan Revision
EPA’s exceptional event rule allows states to document that an exceedance of a national
air quality standard was due to circumstances that overwhelmed reasonable controls. If
EPA is satisfied with a state’s demonstration of an exceptional event, that exceedance
ADEQ Annual Report 2010 – Page 13

would not be counted as an exceedance of the standard. Historically, ADEQ has worked
with Maricopa and Pinal County to ensure the submission of exceptional event
documentation.
In late 2009 and early 2010, ADEQ submitted information to EPA documenting that all
but one of the measured PM-10 exceedances in the Maricopa County area during 2008
was the result of exceptional events. On May 21, 2010, EPA Region 9 Administrator
Jared Blumenfeld chose not to concur with exceptional event demonstrations for four
days in 2008, stating that the “flawed” exceptional events rule left them few alternatives.
All four events occurred at a single monitor which led EPA to propose a finding that the
Maricopa County area did not attain the PM-10 national air quality standard.
From June through the end of September 2010, ADEQ and the Maricopa Association of
Governments (MAG) are scheduled to revise the 2008 exceptional event documents to
address the concerns that EPA identified and rekindle the collaborative consultation
process that was envisioned when the exceptional event rule was written. ADEQ, MAG
and the Maricopa County Air Quality Department also submitted the revised documents
to EPA as comments on the proposed partial approval and partial disapproval of the
Maricopa County Area 5% Plan. ADEQ is also working in conjunction with the Western
States Air Resources (WESTAR) Council to achieve changes to the exceptional event
rule to fix the flaws in the rule and ensure that exceedances caused by events that
overwhelm reasonable controls are not accounted when considering whether an area has
achieved compliance with the national air quality standard.

Public Policy - Rule Development
WPD School Chemical Cleanout Supplemental Environmental Project
As part of a hazardous waste settlement in response to a fire occurring at Heritage
Environmental Services in Coolidge Ariz., Heritage agreed to perform a supplemental
environmental project (SEP) funding $50,000 to K-12 school hazardous chemical
cleanouts. The SEP focuses on safely identifying, packaging, removing, and disposing of
dangerous chemicals from school grounds. In FY 2010 more than $14,000 was utilized
to inventory and clean 12 schools and two school districts of hazardous laboratory and
other chemicals. The total amount of hazardous waste removed in FY 2010 was 9,821
pounds. The SEP will continue through FY 2011, and ADEQ continues to seek schools
wishing to participate in the project.
WPD Enforcement Settlements
The WPD Inspections and Compliance Section (ICS) consists of the Hazardous Waste,
Solid Waste, Underground Storage Tank, and Leaking Underground Storage tank
programs. In FY 2010, the ICS settled 14 cases for a penalty package total of $951,500.
Some of the more significant cases include:
ADEQ Annual Report 2010 – Page 14

 Bell Gas of Arizona, a leaking underground storage tank case involving
contamination with petroleum products resulted in a $400,000 penalty package.
 Heritage Environmental, a hazardous waste case involving a fire at a treatment
facility resulted in a $125,000 penalty package.
 Super Radiator Coils, a hazardous waste case involving the treatment of
tetrachloroethylene through volatilization to the atmosphere resulted in an
$85,000 penalty.
 Plantation Park, a leaking underground storage tank case involving contamination
with petroleum products resulted in an $80,000 penalty package.
 Sure-Way Systems, a solid waste case involving the improper storage of
biohazardous medical waste resulted in a $39,000 monetary penalty.
 Cottman Transmission, a solid waste case involving the disposal of used oil into
the City of Mesa’s sewage system resulted in a $30,000 monetary penalty.

Conclusion…
Despite challenges presented by budget limitations and reduced staffing levels, ADEQ
continued to make progress in FY 2010 in protecting Arizona’s environment and the
health and safety of the people of this state. Through innovative permitting and cleanup
efforts and strict enforcement, ADEQ is committed to ensuring clean air, clean water and
a healthy environment for all Arizonans.

ADEQ Annual Report 2010 – Page 15

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EQR 10-07