Exhibit_H_-_SR-85_Landfill_ADEQ_MFPA_50541300.10_07-15-24.pdf

www.azdeq.gov

PERMIT

MUNICIPAL SOLID WASTE LANDFILL

MASTER FACILITY PLAN APPROVAL NUMBER 50541300.10

PLACE ID 19859; LTF 104237

1.0. FACILITY INFORMATION AND APPROVAL SIGNATURE

In accordance with the provisions of Arizona Revised Statues (A.R.S.) Title 49, Chapter 4:

Facility Name: State Route 85 (SR-85) Landfill 28361 W. Patterson Road Buckeye, Arizona 85326

Owner: City of Phoenix, Public Works Department Solid Waste Disposal Management Division 101 S. Central Avenue, Phoenix, AZ 85004

Operator: City of Phoenix, Public Works Department Solid Waste Disposal Management Division 3060 S. 27th Avenue, Phoenix, AZ 85009 is authorized to operate with all approvals granted, and not previously amended or revoked, and specifically described in the Master Facility Plan Approval (MFPA) that follows. The SR-85 Landfill property is located at 28633 W. Patterson Road, Buckeye, AZ 85326 in Maricopa County. The facility property is located in portions of Sections 8, 9, 10, 15, 16, 17, 21, 22 and 27, Township 3 South, Range 4 West, of the Gila and Salt River Base Line and Meridian:

Latitude: 33 ° 11’ 21” North Longitude: 112° 40’ 31” West

This MFPA shall be deemed effective on the date of the Waste Programs Division Director’s signature below, provided that the facility is operated and maintained in accordance with all the conditions described in this approval document.

Approved on behalf of the Arizona Department of Environmental Quality:

Julie Riemenschneider, Director

Waste Programs Division Arizona Department of Environmental Quality

Signed this_______ day of __________, 2024

15th July for

State Route 85 Landfill MFPA No. 50541300.10

1.1 Approval

This Municipal Solid Waste Landfill (MSWLF) Master Facility Plan Approval (MFPA) approves the groundwater monitoring replacement well (MW-6R) and the abandonment of existing groundwater monitoring wells, MW-5 and MW-6, as described in the SR-85 MSW Landfill, Buckeye, Arizona, Type III Modification, Well Installation Plan for Replacement Well, dated May 17, 2024, prepared by City of Phoenix (COP).

This MFPA allows the COP to operate the existing Subtitle D regulated MSWL designated as SR-85 Landfill at the location described in Part 1.0 of this approval.

1.2 Previous Approvals

The MFPA allowed a vertical expansion of the existing permitted configuration without an increase in disposal volume, increased the cell construction phasing plan west of the previously approved cells, updated the groundwater and landfill gas monitoring program, and updated the operations plan at the SR-85 Landfill as described in the City of Phoenix, SR 85 Landfill, Type III Change, dated June 17, 2022, prepared by Geo-Logic Associates, Inc.

1.3 Approved Landfill Cells and Waste Footprint Acreage

The SR85 occupies 2652 acres of land, with 2050 acres permitted for waste disposal. The remainder of the site consists of ancillary facilities, storm water management, firebreaks, and buffer zones around the perimeter of the facility. The cell construction phasing plan consists of 1087 acres, west of the adjacent previously approved 365 acres of landfill airspace. The cell phasing areas will occupy a total of 1452 acres.

1.4 Landfill Cell Liner

As specified in the Facility Plan, the landfill liner system consists of the following (from bottom to top):

• Foundation soil layer

• Geosynthetic clay liner (permeability no more than 1 x 10-7 centimeters/second)

• 60-mil HDPE liner

• Drainage geonet layers (bottom only)

• Non-woven geotextile (bottom only)

• 2-foot operations soil layer

2.0 STATUTORY PROVISIONS

The City of Phoenix (COP) shall operate the SR-85 Landfill in a manner consistent with the approved Facility Plan, subsequent amendments and this MFPA, pursuant to A.R.S. § 49- 791(A)(5).

2.1 General Provisions

a. This MFPA issued pursuant to A.R.S. §§ 49-762, 762.03, 762.04, 762.06 and 857 grants permission to operate a MSWL as defined in A.R.S. § 49-701(20) at the location referenced in Part 1.0. Federal regulations governing the operation of landfills, codified in 40 CFR § 258, are also applicable to this approval pursuant to A.R.S. § 49-761(B).

This approval is granted under the conditions listed herein to protect human health and the environment.

b. This MFPA does not relieve COP of its responsibility to comply with federal, state, county, or local requirements or ordinances, adopted under A.R.S. § 49-704 and shall not be construed as permission to create a public health hazard, environmental nuisance, or cause contamination to the environment.

c. Specific words related to landfill design, construction, and operation used throughout this

MFPA have the same meaning as defined in 40 CFR § 258, Subpart A, A.A.C. R18-13- 701, A.A.C. R18-13-1301, A.A.C. R18-13-1401, or A.R.S. §§ 49-701 and 701.01 unless otherwise defined.

d. Design, construction, operation, and monitoring conditions listed in this MFPA have the same meaning as referenced in either 40 CFR §§ 258 and 260, or A.A.C. Title 18, Chapter 13, or A.R.S. Title 49, unless otherwise specified.

2.2 General Limitations

a. This MFPA is applied to the landfill elements and facility structures as set forth in the Facility Plan and its associated correspondence, and to the existing landfill elements, as of the date of this approval, and components that have already received ADEQ approval prior to this MFPA. Any additions to the approved facility structures and any modification to the approved facility operations plan, closure and post-closure care, corrective action and monitoring plans shall require prior approval of ADEQ pursuant to A.R.S. § 49-762.06.

b. The SR-85 Landfill is not permitted to accept the following:

1. Hazardous waste as defined in 40 CFR § 261 and A.R.S. § 49-921 except for conditionally exempt small quantity generator amounts as set forth in 40 CFR §

261.5 and A.R.S. § 49-922(E), and household hazardous waste as defined in 40 CFR § 261.4(b)(1).

2. Waste that contains radioactive materials subject to the Atomic Energy Act of

1954 (42 United States Code §§ 2011 through 2297, 68 Stat. 919) or Title 30, Chapter 4, as defined in A.R.S. § 49-701.01(B)(2).

3. Biohazardous medical waste as defined in A.A.C. R18-13-1401(5) and radioactive medical wastes, except for household generated biohazardous medical waste as set forth in A.A.C. R18-13-1403(A)(4).

4. Bulk or non-containerized liquid waste as defined in 40 CFR § 258.28 (c)(1).

5. Special waste as defined in A.R.S. § 49-851(A)(5).

6. Polychlorinated biphenyl waste defined in 40 CFR § 761, except as allowed under 40 CFR Part 761.

7. Regulated asbestos containing material defined in 40 CFR § 61.

8. Pesticides.

9. Compressed gas in cylinders.

10. Any other waste prohibited by applicable federal regulation, or State of Arizona statute or rule from disposal at any municipal solid waste landfill.

2.3 Notifications

a. The COP shall submit a notification for any Type II, III, or IV changes to the MFPA in accordance with A.R.S. § 49-762.06. The COP shall not implement any Type III or IV changes prior to ADEQ approval.

b. The following notifications are required if there is a methane gas exceedance:

1. Within twenty-four (24) hours or one (1) business day of any methane gas exceedance where the gas concentration in facility structures exceeds 25% of the lower explosive limit (LEL) or gas levels at the landfill boundary exceed the LEL, COP shall notify ADEQ.

2. Within seven (7) days of detection, COP shall place in the operating record a description of the steps taken to protect human health. A copy of this description shall be sent to the ADEQ Solid Waste Unit.

3. Within sixty (60) days of detection of any methane gas exceedance, a remediation plan shall be implemented and a copy of the plan placed in the operating record. A copy of the plan, accompanied by a notification that the plan has been implemented, shall be sent to ADEQ in accordance with 40 CFR § 258.23.

c. COP shall submit a notification to ADEQ if a regulated hazardous waste as defined in 40

CFR § 261.3 or prohibited PCB waste is discovered at the facility in accordance with 40 CFR § 258.20(a)(4).

d. If there is a statistically significant increase over background, or an exceedance of an alert level established in Table 1 of Section 3.6, for one or more of the groundwater constituents listed in 40 CFR 258, Appendix I, or an alternative list approved in accordance with 40 CFR § 258.54(a)(2) in any compliance monitoring well, COP shall do the following:

1. Within fourteen (14) calendar days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and notify ADEQ that this notice was placed in the operating record.

2. Within ninety (90) calendar days of this finding, establish an assessment monitoring program meeting the requirements of 40 CFR § 258.55 except as provided for in 40 CFR § 258.54(c)(3).

e. Landfill fires must be reported to ADEQ within 24 hours.

2.4 Precautionary Provisions

a. ADEQ reserves the right to issue administrative orders pursuant to A.R.S. §§ 49-781 and 862 or to seek other legal remedies as provided by law if the SR-85 Landfill creates a public health hazard, safety hazard, or environmental nuisance, if violation of State law occurs, or if the SR-85 Landfill is in violation of the MFPA.

b. ADEQ reserves the right to conduct inspections of the SR-85 Landfill pursuant to A.A.C.

R18-13-304, A.R.S. §§ 49-763, 860 and 865. During the inspection, the ADEQ inspector may take photographs of activities, take samples, and/or conduct other recognized monitoring activities.

c. Pursuant to A.R.S. § 49-782(A), ADEQ reserves the right to suspend, amend, withdraw, condition, or revoke this MFPA if it is determined that the facility is in violation of A.R.S. Title 49, Chapter 4, or any rule adopted thereunder.

2.5 Financial Assurance

a. COP shall continue to meet closure and post-closure care financial assurance requirements for the SR-85 Landfill pursuant to A.R.S. § 49-770 and 40 CFR Part 258, Subpart G until released by notification from ADEQ.

b. The cost estimate for landfill closure and post-closure care shall be updated annually:

1. By a new cost estimate sealed by an Arizona registered professional engineer; or

2. If no changes have occurred since the preceding year’s submittal, by use of an approved or demonstrated inflation factor that modifies the existing cost estimates.

c. Landfill cost estimates for closure and post-closure care shall be updated whenever a

Type III or Type IV change to the solid waste facility will result in an increase in either closure or post-closure costs.

3.0 OPERATIONAL APPROVALS AND CONDITIONS

3.1 Approval of the Facility Plan

This MFPA, issued pursuant to A.R.S. §§ 49-762, 762.03, 762.04, 762.06 and 857, grants permission to operate the SR-85 Landfill as set forth in the Facility Plan.

a. The following wastes may be accepted at the SR-85 Landfill:

1. Municipal solid waste as defined in 40 CFR § 258.2 which includes household waste [A.R.S. § 49-701(14)], household hazardous waste [A.R.S. § 49-701(13)] commercial solid waste, non-hazardous sludge, dewatered (passing EPA Method 9095 Paint Filter Test) non-hazardous sewage sludge, conditionally exempt small quantity generator waste, and industrial solid waste.

2. Construction debris and demolition debris as defined in A.R.S. §§ 49-701(5) and

49-701(7), respectively.

3. Non-friable asbestos containing material (ACM):

i. Non-friable ACM shall be accepted and disposed of as construction and demolition debris.

ii. In the event non-friable ACM becomes regulated ACM, the handling and disposal shall be conducted in accordance with 40 CFR § 61.154.

4. Inert materials as defined in A.R.S. § 49-701(15).

5. Landscape rubble as defined in A.R.S. § 49-701(17).

6. Animal carcasses, except those that meet the definition of biohazardous medical waste pursuant to A.A.C. R18-13-1401(5)(e). All animal carcasses shall be covered immediately.

7. Vegetative (green) waste as defined in A.R.S. § 49-701(36).

8. Household biohazardous medical waste when commingled with household wastes.

9. Triple rinsed pesticide containers in accordance with 40 CFR § 156.146 and

RCRA-empty containers as defined by 40 CFR § 261.7.

10. Household and commercial appliances. Appliances with cooling elements, such as motor vehicle air conditioners, refrigerators, freezers, window air conditioning units, water coolers, vending machines, ice makers, and dehumidifiers must be handled and disposed in accordance with EPA requirements as specified in 40

CFR § 82.162.

b. The facility will conditionally accept, in designated areas: automobiles with proper title for disposal or delivery to an automobile recycler, lead acid batteries for recycling, used tires and used motor oil for recycling. These wastes shall not be placed in the landfill.

3.2 Approved Alternative Daily Cover

This MFPA grants permission to apply alternative daily covers (ADCs) at the SR-85 Landfill.

The following conditions shall govern all ADC use at the SR-85 Landfill:

a. Should the application of any ADC become impracticable or contribute to conditions hazardous to public health, safety, or the environment, then COP shall terminate such use and revert to using earthen material or other approved ADC.

b. COP shall place earthen material over the entire working face at the end of any operating day preceding a period of time when the facility is closed for more than twenty-four (24) hours unless otherwise specified.

c. All waste-derived materials used as ADC shall be subject to solid waste landfill disposal fees.

d. A minimum of a one (1) day stockpile of earthen cover material and required equipment shall be available to ensure a corrective response to any violation of performance of any

ADC.

e. The following are approved landfill ADC:

1. Tarps (approved on 01/23/2007 and modified 10/07/2013):

i. Tarps may only be used for a seventy-two (72) hour period before additional waste or other approved cover materials must be applied.

ii. Tarps shall not be used during adverse weather.

iii. Frayed, torn, ripped, or otherwise ineffective tarps shall not be used.

3.3 Operational Provisions

Pursuant to A.R.S. Title 49, Chapter 4, Article 4, ADEQ requires that COP must:

a. Operate SR-85 Landfill in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances.

b. Control wind dispersion and other surface dispersions of the landfill materials so that they do not create a public nuisance or pose an imminent and substantial endangerment to public health or the environment. Visible materials that have dispersed beyond the boundaries of the current work face shall be collected on a regular basis.

c. Cover disposed solid waste with six (6) inches of earthen material or approved ADC at the end of each operating day or as necessary to control vectors, fires, odors, blowing litter, and scavenging.

d. Prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.

e. Ensure that the concentration of methane gas generated by the facility does not exceed 25 percent of the lower explosive limit for methane in facility structures or exceed the lower explosive limit at the property boundary.

f. Ensure that the landfill units do not violate any applicable requirements developed under a State Implementation Plan approved by the EPA Administrator pursuant to section 110 of the Clean Air Act, as amended.

g. Control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both, as appropriate.

h. Ensure that there is no discharge of pollutants into the waters of the United States from the landfill.

i. Ensure that bulk or non-containerized liquids are not placed in the landfill except liquids that are approved for disposal over the lined areas of the SR-85 Landfill including liquids commingled with household wastes, conditionally exempt small quantity generator wastes, leachate, condensate, and water when used as dust control.

j. Record and retain in a daily operating record for the following items:

1. Any location restriction demonstrations required under 40 CFR § 258, Subpart B.

2. Random inspection, training, and notification documentation required by 40 CFR

§ 258.20.

3. Gas monitoring results and any remediation plans required by 40 CFR § 258.23.

4. MSWL unit design documentation for placement of leachate and/or gas condensate in a landfill cell as required by 40 CFR § 258.28(a)(2).

5. Groundwater monitoring/corrective action sampling, analytical data, demonstrations, certifications, findings, etc. as required under 40 CFR § 258, Subpart E.

6. Closure and post-closure care plans and monitoring, testing and/or analytical data as required by 40 CFR §§ 258.60 and 258.61.

7. Financial assurance documentation required by 40 CFR § 258, Subpart G.

3.4 Excluding the Receipt of Hazardous Waste

Pursuant to 40 CFR § 258.20, COP must implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste as defined in 40 CFR § 261 and unacceptable PCB wastes as defined in 40 CFR § 761. This program must include at minimum:

a. Random inspections of incoming loads to ensure that loads do not contain unapproved materials as listed in Section 2.2(b) of this MFPA. COP shall meet the random load inspection requirements by conducting inspection of ten (10) selected waste load each week at the working face. COP shall keep documentations of the random load inspections in the facility operating record.

b. Records of any inspections.

c. Training of facility personnel to recognize regulated hazardous waste and unacceptable

PCB wastes.

d. Notification of the ADEQ Solid Waste Unit if a regulated hazardous waste or unacceptable PCB waste is discovered at the facility.

e. Reviewing all industrial and commercial process waste streams prior to acceptance (pre-screening) to ensure proper management and exclude the acceptance of hazardous wastes or unacceptable PCBs.

3.5 Stormwater Management

a. The proper control of surface water drainage shall be implemented to prevent stormwater from running onto the active portion of the landfill. Any soil erosion of the landfill cover or ponding of stormwater on the landfill must be corrected to ensure proper coverage of waste and stormwater management in the landfill area pursuant to 40 CFR § 258.26.

b. The drainage diversion system must be capable of diverting surface water run-on and run-off resulting from a rainfall event equal to a 24-hour, 25-year storm away from the active landfill areas in accordance with 40 CFR § 258.26.

c. SR-85 Landfill units shall not cause the discharge of pollutants into waters of the United

States.

c. All surface water collection systems shall be constructed to resist the maximum horizontal acceleration in lithified earth at this site.

3.6 Groundwater Monitoring

COP shall conduct groundwater detection monitoring in accordance with 40 CFR §§ 258.50 through 258.55 on a semi-annual basis in PW-1, MW-6R and FW-2 for the constituents listed in the Facility Plan, Appendix 5, Part 6.0, Appendix C.

a. COP shall ensure that all components of the approved groundwater monitoring program, as described in the Facility Plan, are performed, including:

1. Measurement of groundwater elevations

2. Determination of the rate and direction of groundwater flow

3. Sample collection, preservation and shipment

4. Chain of custody control

5. Analytical procedures, including quality assurance and quality control techniques

b. COP shall establish background groundwater quality in a hydraulically up-gradient well for each of the monitoring parameters or constituents as prescribed in 40 CFR § 258.53(e). The background groundwater quality monitoring program shall comply with the requirements described in 40 CFR §§ 258.53(g) through (i) and shall identify the existing natural conditions of the area.

Note: The background groundwater quality establishment program was completed and approved on January 4, 2008, in accordance with the Background Monitoring Report Alert Levels and Aquifer Quality Limits, City of Phoenix SR-85 Landfill, Buckeye, Arizona, (Background Report) prepared by URS Corporation, dated November 28, 2007.

The approved list of analytical parameters are contained in Tables 1, 7, 8 and 10 of the Background Report. Alert levels for down-gradient monitoring wells FW-2 and MW-6R have been established for eleven (11) metals and forty-seven (47) volatile organic compounds as shown below in Table 1.

TABLE 1: APPROVED ALERT LEVELS FOR GROUNDWATER MONITORING

Parameter Aquifer Water Quality Standard1 (mg/L) Alert Level2 (mg/L)

Arsenic 0.05 0.040 Barium 2.0 1.6 Cadmium 0.005 0.004 Chromium 0.1 0.08 Copper N/E N/A Lead 0.05 0.04 Mercury 0.002 0.0016 Nickel 0.1 0.08 Selenium 0.05 0.04 Silver N/E N/A Zinc N/E N/A

VOLATILE ORGANIC COMPOUNDS

1,1,2,2-Tetrachloroethane N/E 0.002 1,1,1,2-Tetrachloroethane N/E 0.002 1,1,1-Trichloroethane 0.20 0.002 1,1,2-Trichloroethane 0.005 0.002 1,2,3-Trichloropropane N/E 0.002 1,1-Dichloroethane N/E 0.002 1,2-Dichloroethane 0.005 0.002 1,1-Dichloroethene 0.007 0.002 cis-1,2-Dichloroethene 0.070 0.002 cis-1,3-Dichloropropene N/E 0.002 1,2-Dichloropropane 0.005 0.002 trans-1,2-Dichloroethene 0.100 0.002 trans-1,3-Dichloropropene N/E 0.002 trans-1,4-Dichloro-2-butene N/E 0.010 1,2-Dibromo-3-chloropropane (DBCP) 0.0002 0.0002

1,2-Dibromoethane (EDB) 0.00005 0.00005 1,2-Dichlorobenzene 0.6 0.002 1,4-Dichlorobenzene 0.075 0.002 2-Butanone N/E 0.010 2-Hexanone N/E 0.010 4-Methyl-2-pentanone N/E 0.010 Acetone N/E 0.050 Acrylonitrile N/E 0.050 Benzene 0.005 0.002 Bromochloromethane N/E 0.002 Bromodichloromethane (Total Trihalomethanes TTHMs) 0.100 0.002

Bromoform (Total Trihalomethanes TTHMs) 0.100 0.002

Bromomethane N/E 0.005 Carbon disulfide N/E 0.002

Parameter Aquifer Water Quality Standard1 (mg/L) Alert Level2 (mg/L)

Carbon tetrachloride 0.005 0.002 Chlorobenzene 0.100 0.002 Chloroethane N/E 0.005 Chloroform (Total Trihalomethanes TTHMs) 0.100 0.002

Chloromethane N/E 0.002 Dibromochloromethane (Total Trihalomethanes TTHMs) 0.100 0.002

Dibromomethane N/E 0.002 Ethylbenzene 0.700 0.002 Iodomethane N/E 0.002 Total Xylenes 10.0 0.006 Methylene chloride (dichloromethane) 0.005 0.003

Styrene 0.100 0.002 Tetrachloroethene 0.005 0.002 Toluene 1.000 0.002 Trichloroethene 0.005 0.002 Trichlorofluoromethane N/E 0.002 Vinyl acetate N/E 0.010 Vinyl chloride 0.002 0.002

1 N/E – Not established in rule.

2 N/A – Not applicable.

c. COP shall ensure that monitoring equipment required by this MFPA is installed and maintained so that representative groundwater samples can be collected. Should a new groundwater well(s) be determined to be necessary, a well installation plan shall be submitted within sixty (60) days to the ADEQ Solid Waste Unit for approval as a Type III change pursuant to A.R.S. § 49-762.06(A)(3). Upon installation of the well, the construction details, including the latitude and longitude, shall also be submitted to the ADEQ Solid Waste Unit.

d. In accordance with 40 CFR § 258.54(c), if COP determines, pursuant to 40 CFR §

258.53(g), that there is a statistically significant increase over background, or an exceedance of an alert level, for one or more of the constituents listed in Appendix I to 40 CFR Part 258 or in the alternative list approved in accordance with 40 CFR § 258.54 (a)(2), at any monitoring well at the boundary specified under 40 CFR § 258.51(a)(2), COP must:

1. Within fourteen (14) days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels or alert level exceedances, notify ADEQ; and

2. Establish an assessment monitoring program meeting requirements of 40 CFR §

258.55 within ninety (90) days except as provided in 40 CFR § 258.54(c)(3).

e. COP may demonstrate that a source other than a MSWL unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist or approved by the Director of ADEQ and placed in the operating record. If a successful demonstration is made and documented, COP may continue detection monitoring as specified in 40 CFR §

258.54. If after ninety (90) days, a successful demonstration is not made, COP must initiate an assessment monitoring program as required in 40 CFR § 258.55.

f. Pursuant to 40 CFR § 258.56(a), if a statistically significant increase or an alert level for one or more compounds is detected and confirmed by assessment monitoring, within ninety (90) days COP must initiate an assessment of corrective measures as described in 40 CFR § 258.56(c). Any necessary remedy selection and implementation of the resulting corrective action program must comply with 40 CFR §§ 258.57 and 258.58 criteria.

3.7 Landfill Gas Monitoring

a. COP shall continue its routine methane monitoring program to ensure that the standards of 40 CFR § 258.23(a) are met. Such routine methane monitoring shall be designed to include:

1. Facility structures (excluding gas control or recovery systems), and

2. Facility property boundaries.

b. Routine methane monitoring must be conducted at least quarterly based on the requirements of 40 CFR § 258.23(b)(2) and may be changed by the Director after a reported landfill gas exceedance.

c. Pursuant to 40 CFR § 258.23, if a methane gas exceedance occurs at facility structures or at the facility boundaries, COP shall immediately take all necessary steps, as specified in Section 2.3(b), to ensure protection of human health and the environment.

d. Maintenance of gas monitoring equipment after landfill closure shall be performed as specified in Section 4.3 of this MFPA.

3.8 New Construction

a. All future construction shall follow ADEQ approved designs, drawings and specifications.

b. A quality assurance engineer (QAE) shall be responsible for all construction quality assurance (CQA) and construction quality control (CQC) procedures for any construction. The QAE shall be an Arizona registered professional engineer. The QAE shall be responsible for reporting, inspecting, collection and interpretation of field and laboratory results. The QAE shall certify that all construction, including excavation, soil segregation, subgrade preparation, liners and leachate recovery and collection system installation, operation layer construction, final cover and any other construction or installation work, is performed according to the COP’s permit drawings, the CQA program referenced in the project quality assurance manual, the manufacturer’s specifications, engineering testing standards and/or the federal, state, or local regulations that may apply to the work.

c. COP shall submit the CQA/CQC report, as-built drawings, and certifications of completion to ADEQ, Solid Waste Unit for review and approval prior to the commencement of disposal activities in the newly constructed area.

d. Pursuant to A.R.S. § 49-762.06, COP shall submit a notification to ADEQ of any Type II, III, or IV change to the approved Facility Plan. Type III and IV changes require prior approval from ADEQ before implementation.

e. The configuration of the final landfill slopes and elevations shall be consistent with the site zoning and the plans that are part of this approval.

3.9 Safety Issues

a. Access: COP must limit and control public access, unauthorized vehicular traffic, and illegal dumping of wastes by using natural barriers, artificial barriers, or both, as appropriate, to protect human health and the environment pursuant to 40 CFR § 258.25.

b. Scavenging: No material can be removed or scavenged from the working face except to remove unauthorized waste materials identified after disposal.

c. Working face: The size of the working face must be limited to the smallest possible area to provide easy manageability, ensure vehicle and public safety and minimize public health nuisances.

d. Landfill gas: COP must ensure the concentration of methane gas does not exceed:

1. Twenty-five percent (25%) of the lower explosive limit for gases in facility structures, and

2. The lower explosive limit for gases at the property boundary.

3.10 Recordkeeping

a. Landfill gas and groundwater exceedances, must be reported as in accordance with 40 CFR §§ 258.23 and 258.54, respectively.

b. The ground water monitoring frequency at the facility shall be at least semiannual during the active life of the facility and the post-closure period. For semi-annual monitoring, the monitoring events shall be performed approximately six months apart. In addition, one monitoring event shall be performed within the first six months of the year (January through June) and one monitoring event within the last six months of the year (July through December). A ground water monitoring report shall be submitted to the ADEQ within 90 days from the date of the monitoring event. If the facility is required to perform quarterly monitoring at some point during the active life or post-closure period, the monitoring events shall be performed approximately three months apart. In addition, one monitoring event shall be performed during each quarter defined as: January through March, April through June, July through September, and October through December.

c. Each monitoring well shall be sampled by qualified personnel properly trained and familiar with appropriate procedures and techniques for the collection of ground water samples. Prior to purging the monitor wells, static water level measurements shall be taken, recorded, and the data used to determine the rate and direction of ground water flow in the upper most aquifer. Measurements are to be taken from the surveyed benchmark on the top rim of the well casing.

d. The landfill gas monitoring frequency at the facility shall be at least quarterly during the active life of the facility and the post-closure period. The gas monitoring events shall be performed approximately three months apart. A gas monitoring report shall be submitted to the ADEQ within 30 days from the date of the monitoring event.

e. COP shall comply with all other recordkeeping requirements pursuant to 40 CFR §

258.29 for at least three (3) years from the date of occurrence. These records shall be available for ADEQ personnel upon request.

f. COP shall maintain any Type I change records in the facility file for a minimum of three

(3) years from the date of occurrence in accordance with A.R.S. § 49-762.06(A)(1).

These records shall be available to ADEQ personnel upon request. Additional operational records such as landfill fire, visual settlement or subsidence, explosions, discharge of hazardous or other wastes not permitted at the landfill facility, flood damage or erosion shall be placed in a file that is retained on-site.

3.11 Annual Registration and Disposal Fee Schedules

a. COP shall comply with A.R.S. § 49-747 and A.A.C. R18-13-2101 through 2103 and shall pay an annual registration fee for the SR-85 Landfill to ADEQ.

b. COP shall comply with A.R.S. § 49-836 and pay solid waste landfill disposal fees to ADEQ based on the amount of the waste landfilled at the SR-85 Landfill.

4.0 CLOSURE AND POST-CLOSURE PROVISIONS

4.1 Final Closure

The following steps shall occur during the landfill closure process:

a. In accordance with 40 CFR § 258.60(e), COP must notify ADEQ of the intent to close the landfill.

b. In accordance with 40 CFR § 258.60(g), closure activities for the SR-85 Landfill must:

1. Begin no later than thirty (30) days after the date on which the SR-85 Landfill receives its known last receipt of waste or if the landfill has remaining capacity and there is a reasonable likelihood that the SR-85 Landfill will receive additional waste, no later than one (1) year after the most recent receipt of waste, and

2. Follow the approved closure plan that is part of the Facility Plan.

c. Closure activities must be completed within one hundred eighty (180) days following beginning of closure as specified in paragraph (b) above.

d. Following closure construction, COP shall notify ADEQ through a certification document, signed and sealed by an independent Arizona registered professional engineer, that the closure has been completed in accordance with the approved closure plan and this

MFPA.

e. Upon approval of the closure certification report by ADEQ, COP shall submit to ADEQ a

Type III permit modification application to place the landfill on the post-closure care.

Once the 30-year post closure care period begins, COP shall be released from future annual registration fees and financial assurance for closure.

4.2 Final Cover Construction

The approved final cover shall consist of a 36-inch erosion layer of soil placed on top of a 30-inch infiltration layer of soil. The following provisions are required by ADEQ:

a. The maximum height shall not exceed 225 feet above the ground surface elevation as shown in the Facility Plan’s drawings.

b. Final cover slopes shall not be less than 3% or more than 33%.

c. Any changes to the approved final cover system shall be approved in writing by ADEQ prior to implementation of the changes.

Once a cell is completed to final grades as shown on the Facility Plan’s drawings, the final cover shall be installed in accordance with the timeframe requirements in 40 CFR § 258.60(f).

4.3 Post-Closure Care

Post-closure care shall be provided at the SR-85 Landfill for thirty (30) years from the date of final closure acknowledgment by ADEQ under 40 CFR § 258.61(a), except as provided under 40 CFR § 258.61(b), and shall consist of:

a. Maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of differential settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover.

b. Maintaining and operating the landfill leachate collection, treatment and disposal systems in accordance with the requirements in 40 CFR § 258.40. The Director may waive this requirement if COP demonstrates that leachate production no longer poses a threat to human health and the environment.

c. Maintaining and operating the landfill gas collection and monitoring system in accordance with the requirements of 40 CFR § 258.23 and 40 CFR § 258, Subpart F.

d. Maintaining and operating the groundwater monitoring system in accordance with the requirements of 40 CFR § 258.61(a)(3).

f. Maintaining in good repair all stormwater control structures, internal roads, signs, fences, and any other structures required for monitoring activities and post-closure care of the closed landfill facility.

4.4 Future Land Use

The Restrictive Covenant for SR-85 Landfill dated September 5, 2003 specifies restrictions on future use of this property. Any deviation from the restrictive covenant must be approved by ADEQ prior to its implementation.

4.5 Post-Closure Financial Assurance

Yearly financial assurance demonstrations for the thirty (30) years of post-closure care, as required by Section 2.5 of this MFPA, will continue until COP is notified by ADEQ that it is released from this requirement.

5.0 LANDFILL COMMITMENTS TO COMMUNITY

a. In accordance with the Intergovernmental Agreement (IGA) (and limitations provided in such agreement) between the COP and the Town of Buckeye, the COP will perform the following:

1. The landfill will be designed with a maximum cap height of 225 feet above existing grade.

2. The base of the Landfill will range from a maximum depth of 35 feet below ground surface (bgs) on the west side to a maximum depth of 120 feet bgs on the northeast side. The landfill excavation, at its deepest point, will be at an elevation of 690 feet above mean sea level (amsl), which provides an approximate buffer of 280 feet between the landfill liner system and local groundwater elevation at its nearest point, accounting for fluctuations. The buffer zone increases to approximately 365 feet in other areas within the site based on the base grades.

Based on current conditions, the distance between the bottom of the landfill and groundwater ranges from 280 to 365 feet.

3. Buffer distance around the perimeter of the landfill will range from 350 to 500 feet depending on the specific needs of the adjacent property owner. The minimum buffer distance will be 350 feet and measured between the property line and limit of landfill trash.

4. The southernmost 160 acres will be utilized for retention/recreation/public use and will be designed, constructed and scheduled in conjunction with, and at no cost to, Town of Buckeye. Phoenix will present a proposed plan to Buckeye that will include the schedule and funding limits for development. Improvements may be phased or changed over time with the approval of Buckeye.

5. The end use and landscaping will be designed in conjunction with the Town of

Buckeye.

6. Each landfill cell will have a composite liner designed and installed to meet or exceed the state requirements to environmentally protect the groundwater.

Protective soil will be provided on the bottom liner section to protect the liner from any damage. This protective soil will be a minimum of 2 feet in depth.

Additional protective soil will be provided if deemed necessary for protection of the liner.

7. As each landfill cell is constructed, screening berms will be constructed prior to trash placement to screen the landfilling operations as the landfill cell is filled.

Landscaping of the permanent screening berms will be provided if requested by Buckeye.

8. Litter will be controlled at the operating face of the landfill with litter fencing and perimeter fencing. Additionally, litter crews will collect any litter both onsite and offsite, on adjacent properties and along Patterson Road.

9. Phoenix, at no cost and expense to Buckeye, shall provide road improvements on

Patterson Road (to Buckeye or Maricopa County standard, as applicable) from State Route 85 to the Landfill entrance, including turning, acceleration/deceleration lanes, as needed to accommodate the landfill truck traffic. As part of any road improvements, Phoenix will provide any necessary utility infrastructure and visual landscape screening along Patterson Road where contiguous with Phoenix-owned property as deemed reasonably necessary by Buckeye.

10. It is the intent to continue the farming operations for as long as possible during landfill operations excluding land described in paragraph 4 and any other land the parties agree to use for another purpose.

11. Vectors will be controlled by covering trash on a daily basis. This will prevent odors and the breeding of insects and other vectors. If any persistent vector problems exist, Buckeye may propose the addition of further operational stipulations to resolve the concern. Phoenix will use its best efforts to respond to and comply with such additional stipulations.

12. Phoenix will meet or exceed all applicable flood control requirements for development of the landfill. When drainage plans are developed, Phoenix will provide copies to the Woolsey Flood Protection District for their review and comment.

b. To address various concerns expressed by the public and to the extent specified in the

Facility Plan, the COP will:

1. Install two downgradient and one upgradient groundwater monitor wells.

2. Construct a final cap that will be designed to minimize its visual impact within the landscape.

c. Additional measures stated in the original October 18, 2004, MFPA that were required by

ADEQ:

1. The COP will operate the SR-85 Landfill in a manner that minimizes the use of potable water. This will be accomplished by means that COP deems appropriate.

These measures may include activities such as paving the entrance road and minimizing travel on unpaved roads. This measure is not applicable to the agricultural activities at the site.

2. Within six months from the initial operation of the SR-85 facility and for the duration of operations, COP will agree to place and maintain a residential recycling bin in the communities of Buckeye, the San Lucy District of the Tohono O’Odham Nation, and Gila Bend at a location to be determined by each community. These bins will provide individual residents of these communities a place to drop off their residential recyclables. COP will provide up to 50 cubic yards of total bin capacity per month in each community. COP will also specify what recyclable materials are acceptable for placement in these bins. Only individual residential loads will be accepted. Recyclable materials from any business entities or agencies will not be accepted. If these containers are not utilized, become a nuisance or if the materials received in the bins are contaminated with anything other than recyclable materials, COP reserves the right to discontinue this service for a particular community after documenting that best efforts were taken to ensure that the program had a reasonable opportunity to be a success in that community. The obligation under this paragraph also will be deemed satisfied for a particular community if that community implements their own residential recycling program, or if service to that community is discontinued in accordance with this paragraph.

3. Upon request, COP staff will share information and experiences regarding the implementation and operation of a curbside recycling program with Buckeye, the San Lucy District of the Tohono O’Odham Nation, Gila Bend, and other communities in the vicinity of the landfill. COP has gained significant experience in curbside recycling and will share this experience with communities that are interested in exploring this service in their community.

4. COP will provide the written groundwater monitoring plan and groundwater monitoring results to the community by posting this information on a website and, upon request, will provide a copy for public review at the landfill.

Groundwater monitoring results will also be provided by registered mail to the communities of Buckeye, the San Lucy District of the Tohono O’Odham Nation and Gila Bend. Each community is responsible to provide their preferred mailing address to COP.

5. COP will hold a residential household hazardous waste collection event one time per year at the landfill site for Buckeye, the San Lucy District of the Tohono O’Odham Nation, Gila Bend, and other communities in the vicinity of the landfill. This event will be conducted in a manner similar to the events currently conducted by COP, including the items and quantities that will be accepted. At present, COP accepts batteries, oil, paint, and antifreeze, however, the conditions of this program are subject to change as deemed appropriate by COP. If this service is not utilized in a particular community, COP reserves the right to discontinue this service for a particular community after documenting that best efforts were taken to ensure that the program had a reasonable opportunity to be a success in that community. The obligation under this paragraph also will be deemed satisfied for a particular community if service to that community is discontinued in accordance with this paragraph.

6. COP will provide the community with a single point of contact for any comments, complaints, or any other concerns regarding the SR-85 Landfill. In addition, COP will help establish a mechanism to allow the community to voice its comments and questions related to the facility.

7. Under the terms of the adopted Intergovernmental Agreement between COP and

Buckeye, COP is restricted from accepting third party waste, including out-of-state waste, without the Town of Buckeye’s approval.

8. To minimize the amount of escaped litter during transportation of waste to the

SR-85 facility, COP will require, through contract or other means, that all waste haulers employed or subcontracted with COP to haul waste to the SR-85 facility, shall attend training regarding the proper securing of vehicles carrying waste loads for transfer.

9. COP will institute practical and economically feasible operational procedures at the SR-85 facility to minimize negative impacts to adjacent property owners caused by artificial lighting during nighttime activities.

10. Within six months from the initial operation of the SR-85 facility, and for the duration of operations, COP will support the San Lucy District of the Tohono O’Odham Nation and Gila Bend in their uncontained trash collection activities by providing roll-off bins with a combined total capacity of up to 400 cubic yards each year. One uncontained trash collection event per year will be supported upon request of the San Lucy District of the Tohono O’Odham Nation and Gila Bend. COP’s obligation is to drop off and pick up the bins, transport the bins and dispose of the acceptable bulk trash at the SR-85 facility without cost to the San Lucy District of the Tohono O’Odham Nation or Gila Bend. The San Lucy District of the Tohono O’Odham Nation and Gila Bend are responsible for requesting the annual clean-up support in advance of the event, coordinating the event within the communities and ensuring the proper placement of waste within the provided bins. COP is not responsible for any unacceptable waste that is placed into these bins. If unacceptable waste is discovered in any of these bins, it is the responsibility of either the San Lucy District of the Tohono O’Odham Nation or Gila Bend to remove and properly dispose of this waste. If the responsible community does not adhere to all of these terms, COP reserves the right to discontinue this service for a particular community after documenting that best efforts were taken to ensure that the program had a reasonable opportunity to be a success in that community. The obligation under this paragraph also will be deemed satisfied for a particular community if service to that community is discontinued in accordance with this paragraph.

11. COP will pickup litter along the shoulder of State Route 85 from the existing interchange at the Sam Lewis Prison facility to one mile north of this same interchange as necessary. To ensure safety of personnel performing this operation, litter will not be collected from the median of the highway.

These provisions are enforceable by ADEQ through the provisions of A.R.S. Title 49 Article 5. In addition, any proposed change or modification to these commitments shall be considered a Type III change in accordance with, and subject to, the procedures found in A.R.S. § 49-762.06.

6.0 APPROVAL HISTORY

10/18/2004 MFPA No. 50541300.01, approval to construct and operate Cells 1, 2 and 3 01/23/2007 MFPA No. 50541300.02, Type III Change allowing the use of tarps as ADC 06/13/2007 Approval of minor revisions/clarifications to tarp ADC approval 12/13/2007 MFPA No. 50541300.03, Type III Change incorporating an alternative final cover consisting of a 36-inch erosion layer and 30-inch soil infiltration layer 01/04/2008 Approval of alert levels and aquifer quality limits for MW-3 and MW-4 02/15/2008 MFPA No. 50541300.04, Technical corrections to MFPA No. 50541300.03 05/28/2010 MFPA No. 50541300.05, Type III Change allowing the use of tarps for a forty-eight (48) hour period before having to apply waste or other approved ADCs 06/28/2010 MFPA No. 50541300.06, incorporating minor changes based on COP comments 12/10/2010 Approval of MFPA Condition 5.0(c)(5) being satisfied by COP 08/24/2011 MFPA No. 50541300.07, Type III Change incorporating revised ALs for metals 10/07/2013 MFPA No. 50541300.08, Type III Change allowing tarps as ADC for 72 hours 08/18/2022 MFPA No. 50541300.09, Type III Change allowing a vertical expansion of the landfill, increases the cell construction phasing plan, updates the groundwater, the gas monitoring, and the operations plan

07/15/2024 MFPA No. 50541300.10, Type III Change approval of groundwater monitoring well replacement

7.0 REFERENCES

09/05/2003 Facility Plan, City of Phoenix, State Route 85 Landfill, Buckeye, Arizona, Volumes I through IV, by URS Corporation 07/13/2004 City of Phoenix Commitments to the Community, letter by COP 10/13/2006 City of Phoenix, SR-85 Landfill, Type III Modification – Alternative Daily Cover, Solid Waste Facility Plan No. 50541300.01, by COP 10/13/2006 Municipal Solid Waste Facility Plan ADEQ Permit No. 50541300.01, Type III

Modification, City of Phoenix SR-85 Landfill, Maricopa County, Arizona, by AMTECH Associates, L.L.C.

02/09/2007 Letter requesting clarifications to the listed specifications and operational provisions of tarp ADC approval, by COP

09/11/2007 City of Phoenix, SR-85 Landfill, Type III Modification - Alternative Final Cover, Solid Waste Facility Plan, Permit No. 50541300.01, by COP

11/28/2007 Background Monitoring Report Alert Levels and Aquifer Quality Limits, City of Phoenix SR-85 Landfill, Buckeye, Arizona, by URS Corporation

03/23/2010 City of Phoenix, SR-85 Landfill, Type III Change Alternative Daily Cover, by COP 06/24/2010 City of Phoenix, SR-85 Landfill, MFPA Number 50541300.05, submittal by COP requesting minor changes to MFPA No. 50541300.05 05/18/2011 Municipal Solid Waste Facility Plan, ADEQ Permit No. 50541300.04, Type III

Modification, City of Phoenix SR 85 Landfill, Maricopa County Arizona, by AMTECH Associates, L.L.C.

10/01/2013 City of Phoenix, SR 85 Landfill, Type III Change Alternative Daily Cover, by COP 06/17/2022 Solid Waste Facility Plan, City of Phoenix SR 85 Landfill, Buckeye, Arizona, by

Geo-Logic Associates, Inc.

05/17/2024 SR-85 MSW Landfill, Buckeye, Arizona, Type III Modification, Well Installation

Plan for Replacement Well, prepared by COP End of Master Facility Plan Approval No. 50541300.10