Common use of Third Party Dispute Clause in Contracts

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.