EXCEPTIONS AND SPECIAL PROVISIONS Sample Clauses

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. The LA is responsible for all sanitary surveys. 4. 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. 5. 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. 6. 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 necessa...

EXCEPTIONS AND SPECIAL PROVISIONS. 1. LA shall develop and update annually a report of Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs). LA shall provide the report to ADEQ. 2. LA shall notify ADEQ of the identity of facilities that the LA knows or suspects to be a hazardous waste recycler, transporter, or permitted treatment, storage or disposal facility (TSD). 3. If the City of Tucson, during the effective period of this Agreement, receives Hazardous Waste delegation from ADEQ, upon the effective date of the delegation agreement between the City of Tucson and ADEQ, the geographic area of delegation under this Agreement for Pima County shall be Pima County outside the Tucson city limits. 4. ADEQ shall provide to LA copies of new rules and regulatory interpretations relevant to LA's delegated authority. 5. LA shall submit inspection results to ADEQ when required by this Agreement and as requested by ADEQ. 6. Coordination meetings between LA and ADEQ shall be held as needed. 7. ADEQ shall enter information submitted by LA under this Agreement into the RCRA Info and AZURITE databases and provide to LA reports from the database of inspection, compliance and enforcement activities related to �his Agreement upon request.

EXCEPTIONS AND SPECIAL PROVISIONS. The delegated Functions and Duties specified m Subpart A of this Appendix shall be subject to the following exceptions and special provisions: 1. ADEQ will provide the LA a copy of the draft Individual Aquifer Protection Permit for review and comment for any sewage treatment system proposed within the LA's jurisdictional boundaries. 2. Within 60 days after the effective date of this Agreement, ADEQ and the LA shall jointly develop and approve a schedule of training for administering delegated Functions and Duties. 3. Within 180 days after the effective date of this Agreement, ADEQ and the LA shall jointly develop and approve the process to ensure maintenance of LA proficiencies for the administration and implementation of delegated Functions and Duties in Appendix A, Subpart A of this Agreement. 4. The Director of 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 of ADEQ determines there is a compelling reason for ADEQ to review and/or approve an application package that hwolves a delegated Function or Duty, the LA shall provide the application package to ADEQ upon written request by the Director of ADEQ. ADEQ shall forward a copy of the completed file to the LA for any application package reviewed and/or approved by ADEQ. 5. Functions, and duties of ADEQ related to the following are NOT delegated: a. Public water systems, wastewater, swimming pool facilities or Ce1iificates of Approval for Sanitary Facilities for Subdivisions; 1. owned by the federal government or the State of Arizona;

EXCEPTIONS AND SPECIAL PROVISIONS i) Certain grading and site preparation permits are not tied to a separate building or planning application. The County will continue to process these grading and site preparation permit applications. Forcomplete applications filed with the County prior to the date of annexation, it will request comments from the City on the application prior to issuance. ii) The County may contract with the City for processing of applications or permits which are in plan review, permitting, or inspection by the County prior to the date of annexation as in this Master Agreement. Wetland applications, predeterminations and permits are exempted from this contractual agreement. The 1997 agreement is silent on the following issues: Development inspection. We could probably reference building inspection. Inspections as per maintenance warranty guarantee.

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

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 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,...

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

EXCEPTIONS AND SPECIAL PROVISIONS. 1. ADEQ retains authority for approval and issuance of solid waste facility plans for all municipal solid waste landfills and for all solid waste landfills other than municipal solid waste landfills. 2. ADEQ retains responsibility for the administration and enforcement of all solid waste facilities that are operated by federal, state, county or municipal agencies. 3. ADEQ retains authority to inspect and permit City of Tucson refuse hauling vehicles. 4. The LA shall retain all civil penalties assessed and collected pursuant to Subpart A of this Appendix. 5. The LA agrees, to the extent practicable, to conduct compliance and enforcement actions according to ADEQ policy.