Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

(520) 866-6929 Fax: (520) 866-6967 

Pinal County SIP Submittal Pursuant to CAA $189 

No-Burn Ordinance 

Table of Contents 

December 2 1, 2007 

This submittal conveys as a proposed SIP revision an ordinance adopted on December 12, 

2007, by the Pinal County Board of Supervisors. 

1. Transmittal Letter from Control Officer. 

2. Evidence of Legal Adoption - See Sections 4, 5, 6 and 7 below. 

3. Evidence of Legal Authority - 

a. Copy of A.R.S. 949-479, authorizing the Board of Supervisors to adopt rules or 

ordinances to regulate air pollution within the county. 

b. Copy of A.R.S. 9 11-871, as amended by Laws 2007, Chapter 292, $3, requiring 

the County to adopt an ordinance regulating indoor fireplace use in response to elevated carbon 

monoxide or PM,, levels. 

c. Copy of A.R.S. $49-501, as amended by Laws 2007, Chapter 292, 918, requiring 

the County to revise the existing ordinance regulating outdoor burning during episodes of 

elevated carbon monoxide or PM,, levels. 

4. Copy of Pinal County Board of Supervisors Ordinance No. 121207-AQ1. 

5. Copies of public notices. 

a. Copy of posted notice 

b. Copy of mailed notice 

c. Copy of published notice 
SIP Submittal Table of Contents 

December 2 1, 2007 

Page 2 

d. Copy of the notice of proposed rulemaking published in the Arizona 

Administrative Register, 13 A.A.R. 3 158 (91 1412007). 

6. Certification of 

a. Posting of notices prior to public hearing-of-adoption. 

b. Publication of notices prior to public hearing-of-adoption. 

c. Mailing of notices prior to public hearing-of-adoption. 

7. Evidence of proper adoption by Board of Supervisors. 

a. Agenda for December 12, 2007 meeting; specifically agenda item 13 

b. Partial Minutes from December 12, 2007, including opening page and pages 

spanning discussion and action with respect to agenda item 13. 

8. Public comments, District responses and other published information 

9. Technical materials 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

(520) 866-6929 Fax: (520) 866-6967 

TRANSMITTAL 

Pinal County SIP Submittal Pursuant to CAA $189 

December 20, 2007 

Wayne Nastri, Region IX Administrator 

United States Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, California 94105 

C/O Steve Owens, Director 

Arizona Department of Environmental Quality 

3033 North Central Avenue 

Phoenix, Arizona 85012 

Re: Proposed revision to the Arizona State Implementation Plan 

To whom it may concern: 

Pursuant to Ordinance No. 121207-AQ1, adopted by the Pinal County Board of 

Supervisors on December 12, 2007, I convey a requested revision to the Arizona State 

Implementation Plan ("SIP ") . 

This submittal, and the underlying ordinance, commit Pinal County to tighten enforcment 

of indoor and outdoor burning when atmospheric particulate concentrations rise to levels of 

concern. The affected area covers the Pinal County portion of Area A, which includes the Pinal 

County portion of the Phoenix Planning Area PM,, nonattainment area. 

Sincerely yours, 

Donald P. Gabrielson 

Director and Control Officer 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

(520) 866-6929 Fax: (520) 866-6967 

Pinal County SIP Submittal Pursuant to CAA $189 

EVIDENCE OF LEGAL ADOPTION 

December 20, 2007 

See sections 4, 5, 6 and 7 of this package. 
49-479. Rules; hearing 

A. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control 

the release into the atmosphere of air contaminants originating within the temtorial limits of the county 

or multi-county air quality control region in order to control air pollution, which rules, except as 

provided in subsection C shall contain standards at least equal to or more restrictive than those adopted 

by the director. In fixing such standards, the board or region shall give consideration but shall not be 

limited to: 

1. The latest scientific knowledge usefhl in indicating the kind and extent of all identifiable effects on 

health and welfare which may be expected fiom the presence of an air pollution agent, or combination 

of agents in the ambient air, in varying quantities. 

2. Atmosphere conditions and the types of air pollution agent or agents which, when present in the 

atmosphere, may interact with another agent or agents to produce an adverse effect on public health and 

welfare. 

3. Securing, to the greatest degree practicable, the enjoyment of the natural attractions of the state and 

the comfort and convenience of the inhabitants. 

B. No rule may be enacted or amended except after the board of supervisors first holds a public hearing 

after twenty days' notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall 

be made available to the public at the time of notice of such hearing. 

C. A county may adopt or amend a rule, emission standard, or standard of performance that is as 

stringent or more stringent than a rule, emission standard or standard of performance for similar sources 

adopted by the director only if the county complies with the applicable provisions of section 49-1 12. 

D. All rules enacted pursuant to this section shall be made available to the public at a reasonable charge 

upon request. 
1 1 -87 1. Emissions control; no burn; exemptions; penalty 

A. A county that contains any part of area A, as defined in section 49-541, shall develop, 

implement and enforce in area A, as defined in section 49-541, an ordinance relating to 

residential wood burning restrictions, including a no burn restriction when monitoring or 

forecasting by the department of environmental quality predicts the carbon monoxide standard is 

likely to be exceeded. 

B. On or before October 3 1,2007, a county that contains any part of area A, as defined in section 

49-541, shall amend the ordinance prescribed by subsection A of this section to include a no burn 

restriction for any high pollution advisory day forecast by the department of environmental 

quality for particulate matter. 

C. The ordinance shall provide an exemption for the use of residential wood stoves, wood 

fireplaces or gas fired fireplaces that comply with any of the following: 

1. Provides the sole or primary source of heat or fbel for cooking for a residence. 

2. Meets performance standards for new residential wood heaters manufactured on or after July 

1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 Code of Federal Regulations 

part 60, subpart AAA. 

3. Bums gaseous fbels, including gas logs. 

4. Meets rules adopted by the board of supervisors as prescribed in section 49-479 for burning 

wood in approved appliances. 

D. The ordinance shall provide that a person who violates an ordinance adopted pursuant to this 

section is subject to: 

1. A warning for the first violation. 

2. The imposition of a civil penalty of fifty dollars for the second violation. 

3. The imposition of a civil penalty of one hundred dollars for the third violation. 

4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent 

violation. 

E. For violations of ordinances adopted pursuant to this section, the control officer shall use a 

uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint 

prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The 

control officer may issue citations to persons in violation of ordinances adopted pursuant to this 

section. 
49-501. Unlawful open burning; exceptions; civil penalty; definition 

A. Notwithstanding the provisions of any other section of this article: 1. It is unlawful for any 

person to ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any open 

outdoor fire except as provided in this section. 

2. From May 1 through September 30 each year, it is unlawhl for any person to ignite, cause to 

be ignited, permit to be ignited or suffer, allow or maintain any open outdoor fire in area A as 

defined in section 49-541. 

B. The following fires are excepted fiom this section: 

1. Fires used only for cooking of food or for providing warmth for human beings or the branding 

of animals or the use of orchard heaters for the purpose of fiost protection in farming or nursery 

operations. 

2. Any fire set or permitted by any public officer in the performance of official duty, if such fire 

is set or permission given for the purpose of weed abatement, the prevention of a fire hazard, or 

instruction in the methods of fighting fires. 

3. Fires set by or permitted by the director of the department of agriculture or county agricultural 

agents of the county for the purpose of disease and pest prevention. 

4.. Fires set by or permitted by the federal government or any of its departments, agencies or 

agents or the state or any of its agencies, departments or political subdivisions for the purpose of 

watershed rehabilitation or control through vegetative manipulation. 

5. Fires permitted by any rule or regulation issued pursuant to this article, by any conditional 

permit issued by a hearing board established under this article or by any rule or conditional 

permit issued pursuant to article 2 of this chapter when the department of environmental quality 

pursuant to section 49-402 has assumed jurisdiction of the county in which the fire is located. 

6. Fires set for the disposal of dangerous materials where there is no safe alternate method of 

disposal. 

C. Permission for the setting of any fire given by a public officer in the performance of official 

duty under subsection B, paragraph 2,3 or 4 of this section shall be given in writing and a copy 

of the written permission shall be transmitted immediately to the director of environmental 

quality and the control officer of the county, district or region in which such fire is allowed. The 

setting of any such fire shall be conducted in a manner and at such time as approved by the 

control officer or the director of environmental quality, unless doing so would defeat the purpose 

of the exemption. 

D. Notwithstanding section 49-107, the director may delegate authority for the issuance of open 

burning permits to a county, city, town or fire district. A county, city, town or fire district that has 

been delegated authority for the issuance of open burning permits may assign the issuance of 

these permits to a private fire protection service provider that performs fire protection services 

within that county, city, town br fire district. ~ny private fire protection service provider that is 

fQ 
authorized to issue open burning permits pursuant to this subsection shall maintain a copy of a11 

currently effective permits issued including a means of contacting the person authorized by the 

permit to set the fire in the event that an order to extinguish the open burning is issued. Permits 

issued pursuant to this subsection shall contain both of the following: 

1. Conditions that limit the manner and time of setting the fire and that are consistent with this 

section and rules adopted pursuant to this section. 

2. A provision that all burning be extinguished at the discretion of the director or the director's 

authorized representative during periods of inadequate atmospheric smoke dispersion, periods of 

excessive visibility impairment that could adversely affect public safety or periods when smoke 

is blown into populated areas so as to create a public nuisance. 

E. The director may issue a general permit to allow persons engaged in farming or ranching on 

forty acres or more in an unincorporated area to burn household waste, as defined in section 49- 

70 1, that is generated on site, if no household waste collection and disposal service is available. 

The general permit shall include the following: 

1. Conditions governing the method, manner and times for burning. 

2. Limitation on materials which may be burned, including a prohibition on burning of materials 

which generate noxious fumes. 

3. A requirement that any person seeking coverage under the general permit shall register with 

the director on a form prescribed by the director. Upon receipt of a registration form, the director 

shall notifj the county in which the farm or ranch is located of such registration. 

4. A statement that the director, a Iocal air pollution control officer, or any other public officer 

may order the extinguishment of burning or may prohibit burning during periods of inadequate 

smoke dispersion or excessive visibility impairment or at other times when public health or 

safety could be adversely affected. 

F. Nothing in this section is intended to permit any practice which is a violation of any statute, 

ordinance, rule or regulation in a county with a population in excess of one million two hundred 

thousand persons. Notwithstanding any other law, such a county shall prohibit by ordinance the 

use of wood burning chimineas, outdoor fire pits and similar outdoor fires on those days for 

which the county has issued a no burn day restriction. 

G. A person who violates any provision of this section may be served a notice of violation and be 

subject to the enforcement provisions of this article to the same extent as a person violating any 

rule or regulation adopted pursuant to this article, except that a violation that lasts no more than 

twenty-four hours and that is the first violation committed by that person is subject to a civil 

penalty of no more than five hundred dollars. 

H. For the purposes of this section, "open outdoor fire" means any combustion of combustible 

material of any type outdoors, in the open where the products of combustion are not directed 

through a flue. For the purposes of this subsection, "flue" means any duct or passage for air, 

gases or the like, such as a stack or chimney. 
,- When recorded return to: 

Clerk of the Board 

Pinal County 

P.O. Box 827 

Rorence, Arizona 85232 

ORDINANCE NO. 121207-AQ1 

AN ORDINANCE APPLICABLE THROUGHOUT INCORPORATED AND 

UNINCORPORATED PORTIONS PINAL COUNTY LYING WITHIN OF AREA A AS 

DEFINED IN A.R.S. $49-541, REVISING RESTRICTIONS ON OUTDOOR BURNING, 

ON RESIDENTIAL WOOD COMBUSTION, AND ON USE OF OPEN BURNING 

PERMITS, AND RESCINDING PREDECESSOR ORDINANCE NO. 122000-AQC. 

WHEREAS, the Pinal County Board of Supervisors ("Board") is empowered under 

A.R.S. $49-479 to adopt rules for the purpose of controlling the release of air contaminants 

throughout the County, including Township 1 North, Range 8 East; 

WHEREAS, 40 CFR 481.303 identifies that portion of Pinal County designated as 

Township 1 North, Range 8 East, and commonly known as Apache Junction, as a portion of 

the Phoenix Planning Area Serious PM,, Nonattainment Area; 

-- WHEREAS, at 72 Fed. Reg. 13723 (March 23, 2007) the EPA found that the 

Phoenix Planning Area, including Township 1 North, Range 8 East, has failed to attain the 

PM,, standard, and that finding triggered an obligation to submit by December 31, 2007 a 

"5% SIP" pursuant to Clean Air Act $189(d); 

WHEREAS, the 2007 Arizona Legislature adopted Laws 2007, Chapter 292, 

commonly known as Senate Bill 1552, and that Bill mandated adoption of revised county 

ordinances more stringently regulating burning .throughout both Township 1 North, Range 8 

East and Area A as defined in A.R. S. $49-541; 

WHEREAS, A.R.S. $49-471.01, et seq., e'stablish the procedural requisites for the 

Board's adoption of air quality rules or ordinances, and those requisites have been met; 
THEREFORE, for the purposes of: 

1. Protecting and preserving the quality of air within Pinal County in a 

sensible and orderly manner; 

2. Committing for purposes of the Phoenix Planning Area PMlo serious 

nonattainment area If5% SIP" to the definition and enforcement of control measures to 

achieve reductions from PMlo sources in Township 1 north, Range 8 east; and 

3. Responding to the statutory mandates of Senate Bill 1552; 

BE IT ORDAINED by the Board of Supervisors of Pinal County, Arizona, as follows: 

(Remainder of page intentionally left blank.) 
Ordinance No. 121207-AQ1 

PINAL COUNTY 

NO BURN ORDINANCE FOR AREA A 

1. Title. 

This Ordinance shall be known as the "Pinal County Area A No Burn Ordinance. " 

2. Repeal 

Predecessor Ordinance No. 122000-AQC (December 20, 2000) is hereby repealed. 

3. Geographic Applicability 

This prohibitions under this ordinance apply to the "affected area," namely the PinalCounty-portion of Area A as defined at A.R.S. $49-541, which includes the following areas, 

defined relative to the Gila & Salt River Base and Meridian: 

Township 1 north, Range 8 east 

Township 1 north, Range 9 east 

Township 1 south, Range 8 east 

Township 1 south, Range 9 east 

Township 2 south, Range 8 east 

Township 2 south, Range 9 east 

Township 3 south, Range 7 east 

Township 3 south, Range 8 east 

Township 3 south, Range 9 east 

4. Triggering and Duration of Prohibition 

The "no burn" restrictions and prohibitions under this ordinance shall arise by operation 

of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona 

Department of Environmental Quality for the Phoenix urban area for either carbon monoxide 

or particulate matter. 

5. Prohibition - Indoor Residential Wood Combustion 

a. Subject to the exceptions defined in subsection b. below, a "no bum" restriction 

shall arise in the affected area with respect to use of indoor residential wood stoves or fireplaces. 

b. The restriction under this subsection shall not apply to solid fuel combustion in 
any of the following: 

1. A residential wood stove or fireplace that provides the sole or primary 

source of heat or fueI for cooking for a residence. 

2. A stove or fireplace that meets performance standards for new residential 

wood heaters manufactured on or after July 1, 1990 or sold at retail on or after July 1, 1992 as 

prescribed by 40 C.F.R. Part 60, Subpart AAA. 

3. A stove or fireplace that burns gaseous fuels. 

4. A stove or fireplace that conforms to rules adopted by the Board of 

Supervisors for burning wood in approved appliances. 

c. Penalties for Violation 

Violation of this subsection shall subject the person who commits such violation 

to: 

1. A warning for the first violation. 

2. The imposition of a civil penalty of fifty dollars ($50.00) for the second 

violation. . 

3. The imposition of a civil penalty of one hundred dollars ($100.00) for a 

third violation. 

4. The imposition of a civil penalty of two hundred and fifty dollars ($250.00) 

for a fourth or any subsequent violation. 

d. For violations of this subsection of this ordinance, the control officer or his 

representative shall use a uniform civil ticket and complaint substantially similar to a uniformed 

traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by 

the Supreme Court. The Control Officer or his representative may issue citations to persons in 

violation of this ordinance. 

6. Prohibition - Suspension of Open Burning Permits 

a. Existing open burn permits shall be suspended, and a "no burn" restriction within 

the affected area shall be imposed with respect to open burning regulated by an open burning 

permit issued pursuant to the Pinal County Code of Regulations. 

b. No person affected by such a "no bum" restriction shall be entitled to a refund 

of any monies paid for an open burning permit that may be suspended by virtue of imposition 1 

>. 

I' 
of such a "no bum" restriction. 

c. Violation of this subsection shall constitute both a civil and a criminal offense, 

and shall subject to the violator to civil or criminal prosecution as set forth in Arizona Revised 

Statutes Title 49, Chapter 3, Article 3 (A.R.S. 849-510, et seq). 

7. Prohibition - Limitations on Otherwise Exempt Outdoor Fires 

a. Notwithstanding any other exemptions under this ordinance, a "no burn" 

restriction shall also apply within the affected area with respect to any outdoor solid fuel 

combustion in chimneas, fire pits and similar outdoor fires. 

b. Violation of this subsection shall constitute a civil offense, and a person who 

violates the prohibition of this subsection may be served a notice of violation and be subject to 

the enforcement provisions of Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. 

$49-510, et seq.), except that a violation that lasts no more than twenty-four hours and that is 

the first violation committed by that person is subject to a civil penalty of no more than five 

hundred dollars. 

8. Definitions 

a. "Control Officer" as used in this ordinance, means the director and executive head 

of the Pinal County Air Quality Control District responsible for performing duties and exercising 

- powers prescribed by law. 

b. "Fireplace" as used in this ordinance, means a built in place hearth and fire 

chamber or a factory-built appliance designed to bum solid fuel and which is intended for 

domestic use. 

c. "Inappropriate fuel" as used in this ordinance, includes but is not limited to 

leaves, grass clippings, green plants, refuse, rubbish, books, magazines, fiberboard, packaging, 

rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, 

tar, asphaltic products, waste petroleum products, paints and solvents, chemically soaked wood, 

wood with a moisture content of greater than 30 percent (30%), treated wood, plastic or plastic 

products, rubber or rubber products, office records, sensitive or classified wastes, or any 

substance which normally emits dense smoke or obnoxious odors. 

d. "Open outdoor fire" means combustion of any combustible material of any type 

outdoors, in the open where the products of combustion are not directed through a flue. "Flue" 

means any duct or passage for air, gases or the like, such as a stack or chimney. 

e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or 

nonliquid fuels, including those fuels determined by the Pinal County Air Quality Control 

Director as "inappropriate fuel" to burn in residential woodburning devices. 
,- f. " Woodstove" means a solid-fuel burning heating appliance including a pellet 

stove, which is either freestanding or designed to be inserted into a fireplace. 

9. Violations - Limitations on Defenses 

Actions that violate this ordinance shall be malumprohibitum, and a lack of knowledge 

that a "no burn" restriction has been imposed shall not constitute a defense. 

10. Effective Date 

In accord with A.R.S. $49-471.08(D), this ordinance shall be effective on the date of 

adoption. 

IN WITNESS WIIEREOF, the undersigned, in accord with the vote of the Pinal County 

Board of Supervisors as duly reflected in the minutes of the Board meeting, have executed this 

document on behalf of the Board of Supervisors on this ~3% day of ~h?b 

-> 2007. 

PINAL COUNTY, a political subdivision of the State of Arizona, 

By: 

Chairman 

ATTEST: 

Clerk of the Board of Supervisors 

APPROVED AS TO FORM: 

James P. Walsh 

Pinal County Attorney 
PINAL COUNN DEPARTMENT OF DEVELOPMENT SERVICES 

AIR QUALITY CONTROL DISTRICT 

POST OFFICE BOX 987, FLORENCE, ARIZONA 85232 

POSTING CERTIFICATION OF NOTICE 

The undersigned hereby certifies that a copy of the attached notice was duly posted at: 

(1) Pinal County Administration 1 - Bldg A Lobby on 5 

(2) Pinal County Treasurer's Office - Bldg E - 

(3) P~nal County Adrnin 3 - Bldg F Lobby on hht.dx9 5 

(4) Justice Court - 400 S Central Ave on 

(5) Pinal Co Clerk of the Court - 971 Jason Lopez Ci r 1 

-' 

in accordance with the statement filed by the PINAL COUNTY AIR QUALITY CONTROL 

ADVISORY COUNCIL with the Clerk of the Pinal County Board of Supervisors. 

Dated this day of ,2007 

& 

Tanya Palmos 

ik 

Secretary 

Pinal County Air Quality Control District 
PUBLIC NOTICE 

REGARDING 

AMENDMENT OF THE PINAL COUNTY NO BURN ORDINANCE 

The public is invited to attend and testify at a joint hearing before the Pinal County Board 

of Supervisors and the Arizona Department of Environmental Quality, to be held at 9:30 a.m. 

on December 12,2007. The Board has been asked to adopt an amended replacement version 

of the existing of Pinal County No Burn Ordinance for Area A, defined in A.R.S. $49-541 to 

include the area north of Arizona Farms Road and west of Range 10 East. Pursuant to A.R.S. 

$49-471.08, the notice published at 13 A.A.R. 3 158 (9/14/2007) described the Legislative 

mandate for certain revisions to the Ordinance, including a general ban on fueplace use and 

most outdoor fires in response to high pollution advisories for particulate matter, and increased 

penalties for repeat violators of the bum ban ordinance. That notice invited public comment, 

but no comments were received. The only additional staff-recommended changes involve a 

typographical correction and a clarification of the syntax to consistently state that all elements 

of the ordinance apply to affected Area A. The Board will consider adoption of the revised 

ordinance, and will also consider submitting the resolution to ADEQ for presentation to the EPA 

as a proposed revision to the Arizona State Implementation Plan, and specifically to the "5% 

plan1' required under Section 189(d) of the Clean Air Act. Copies of the proposed ordinance 

may be inspected at Pinal County Air Quality, 31 North Pinal Street, Building F, Florence, 

Arizona. A comment period of at least 30 days will commence with the first publication of this 

notice, and will close with the close of the hearing before the Board. Those wishing further 

information or to submit comments may contact Scott DiBiase, Pinal County Air Quality 

Planning Manager at either the address shown above or at 520-866-6929. 

.- No. of publications: 2; dates of publication: November 8 and 15,2007. 
PUBLIC NOTICE 

REGARDING 

AMENDMENT OF THE PINAL COUNTY NO BURN ORDINANCE 

The public is invited to attend and testify at a joint hearing before the Pinal County Board 

of Supervisors and the Arizona Department of Environmental Quality, to be held at 9:30 a.m. 

on December 12,2007. The Board has been asked to adopt an amended replacement version 

of the existing of Pinal County No Bum Ordinance for Area A, defined in A.R.S. $49-541 to 

include the area north of Arizona Farrns Road and west of Range 10 East. Pursuant to A.R.S. 

549-471.08, the notice published at 13 A.A.R. 3158 (9/14/2007) described the Legislative 

mandate for certain revisions to the Ordinance, including a general ban on fireplace use and 

most outdoor frres in response to high pollution advisories for particulate matter, and increased 

penalties for repeat violators of the bum ban ordinance. That notice invited public comment, 

but no comments were received. The only additional staff-recommended changes involve a 

typographical correction and a clarification of the syntax to consistently state that all elements 

of the ordinance apply to affected Area A. The Board will consider adoption of the revised 

ordinance, and will also consider submitting the resolution to ADEQ for presentation to the EPA 

as a proposed revision to the Arizona State Implementation Plan, and specifically to the "5% 

plan" required under Section 189(d) of the Clean Air Act. Copies of the proposed ordinance 

may be inspected at Pinal County Air Quality, 31 North Pinal Street, Building F, Florence, 

Arizona. A comment period of at least 30 days will commence with the first publication of this 

notice, and will close with the close of the hearing before the Board. Those wishing fbrther 

information or to submit comments may contact Scott DiBiase, Pinal County Air Quality 

IPlanning Manager at either the address shown above or at 520-866-6929. 

I I 

.. - No. of publications: 2; dates of publication: November 8 and 15,2007 
MANUEL AGLllRRE JR, MAYOR 

TOWN OF WINKELMAN 

P BOX 386 

L (ELMAN AZ 85292 

WILLIAM RHODES, GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

P 0 BOX 97 

SACATON AZ 85247 

ARIZONA ClTY VOLUNTEER FlRE 

DISTRICT 

POBOX6 

ARIZONA ClTY AZ 85223 

SUSANBERNAL 

US DEPARTMENT OF THE INTERIOR 

BUREAUOFLANDMANAGEMENT 

12661 E BROADWAY BLVD 

TUCSON AZ 85748-7208 

JEFF BROWN 

HUNTER CONTRACTING CO 

P 0 BOX 900 

GI' BERT AZ 85299-0900 

BUREAU OF LAND MANAGEMENT 

PHOENIX FIELD OFFICE 

21 605 N 7'" AVE 

PHOENIX AZ 85027-2099 

RICHARD CARPENTER 

1 1926 McGEE RD 

VALLEY FARMS AZ 85291 

NRCS 

520 N CAMINO MERCADO. SUITE 12 

CASA GRANDE AZ 85222 

JOHN INSALOCO, MAYOR 

CITY OF APACHE JUNCTION 

1001 N IDAHO ROAD 

APACHE JUNCTION AZ 85219 

BYRON JACKSON, MAYOR 

ClTY OF ELOY 

628 N MAlN STREET 

ELOY AZ 85231 

BASlLLlO AJA ALLEN ANDREWS, VICE PRESIDENARIZONA CATTLE FEEDERS' HUNTER CONTRACTING CO 

ASSOC P 0 BOX 900 

1401 N 24TH STREET, #4 GILBERT AZ 85299-0900 

PHOENIX AZ 85008 

JAMES APPERSON APPLIED ENVIRONMENTAL CONSULT 

ARIZONA CHAMBER OF COMMERCE 2465 W 12Ih STREET, SUITE 6 

1850 N CENTRAL AVE TEMPE AZ 85281 

PHOENIX AZ 85004-4527 

MONICA BADILLO, MAYOR 

TOWN OF HAYDEN 

POBOXB 

HAYDEN AZ 85235 

KATHY ARNOLD 

ASARCO INC 

P 0 BOX 5747 

TUCSON AZ 85703-0747 

DAVE BIDDLE JOHN BORTON 

AZ DEPT OF ENVIRONMENTAL QUALITY US EPA REGION IX, AIR-5 

1 I 10 W WASHINGTON 75 HAWTHORNE STREET 

PHOENIX AZ 85007 SAN FRANCISCO CA 941 05 

JIM THOMPSON, CITY MANAGER BUREAU OF LAND MANAGEMENT 

CITY OF CASA GRANDE ARIZONA STATE OFFICE 

51 0 E FLORENCE BLVD 222 N CENTRAL AVENUE 

CASA GRANDE AZ 852230-501 1 PHOENIX AZ 85004-2203 

RYLEY CARLOCK 

1 N CENTRAL AVENUE #I200 

PHOENIX AZ 85004-4417 

KENNETHCARPENTER 

P 0 BOX 35 

VALLEY FARMS AZ 85291 

DELIA M CARLYLE, CHAIRWOMAN 

AK-CHIN INDIAN COMMUNITY COUNCIL 

42507 W PETERS 8 NALL ROAD 

MARICOPA AZ 85239 

DEL CAUDLE 

EVERGREEN AIR CENTER INC 

PlNAL AIR PARK 

MARANA AZ 85653-9501 

GEORGE HOFFMAN, CITY MANAGER JOE BLANTON, CITY MANAGER 

CITY OF APACHE JUNCTION CITY OF ELOY 

1001 N IDAHO ROAD 628 N MAIN ST 

APACHE JUNCTION AZ 85219 ELOY AZ 85231 

COOLIDGE FlRE DEPARTMENT 

130 W CENTRAL AVE 

COOLIDGE AZ 85228 

JANET DARCEY 

MARICOPA COUNTY DIVISION OF AIR 

POLLUTION CONTROL 

1001 N CENTRAL AVENUE SUITE 200 

PHOENIX AZ 85004 

JO CRUMBAKER 

MARICOPA COUNTY DIVISION OF AIR 

POLLUTION CONTROL 

1001 N CENTRAL AVENUE SUITE 200 

PHOENIX AZ 85004 

DOUGDOBSON 

PUBLIC WORKS DIRECTOR 

ClTY OF APACHE JUNCTION 

1001 N IDAHO ROAD 

APACHE JUNCTION AZ 85219 
IRA DOMSKY LEO DRUMM 

AZ DEPT OF ENVIRONMENTAL QUALITY ARIZONA GAME & FISH DEPT 

1' W WASHINGTON 2221 W GREENWAY RD 

P. LNlX AZ 85007 PHOENIX AZ 85023-4312 

HOWARD ELLIOTT 

22234 E CACTUS FOREST RD 

FLORENCE AZ 85222 

ROGER FELTY 

5575 N MARIA DRIVE 

TUCSON AZ 85704 

FERTIZONA 

2850 S PERT ROAD 

CASA GRANDE AZ 85222 

MR STEVE FREY 

US EPA REGION IX AIR-5 

75 HAWTHORNE STREET 

SAN FRANCISCO CA 94105 

ASARCO INC 

POBOX8 

HAYDEN AZ 85235 

RICK GIBSON 

UNIVERSITY OF ARIZONA 

COOPERATIVE 

EXTENSION SRVC 

820 E COTTONWOOD, BLDG C 

CASA GRANDE AZ 85222 

MARTIN GODUSI 

APPLIED ENVIROSOLUTJONS 

325 E SOUTHERN AVE SUITE 11 5 

TEMPE AZ 85282 

BARBARAGROSS 

US EPA REGION IX AIR-1 

75 HAWTHORNE STREET 

SAN FRANCISCO CA 941 05 

.TT HARRISON 

PlNAL FEEDING CO 

P 0 BOX 609 

MARICOPA AZ 85239 

ELOY FlRE DISTRICT 

500 S SUNSHINE BLVD 

ELOY AZ 85231 

CECIL FENDLEY, CHIEF 

QUEEN VALLEY VOLUNTEER FlRE 

DEPARTMENT 

1494 QUEEN VALLEY DRIVE 

QUEEN VALLEY AZ 85219 

FLORENCE FlRE DEPARTMENT 

P 0 BOX 2670 

FLORENCE AZ 85232 

SHANE KIESOW 

CITY OF APACHE JUNCTION 

575 E BASELINE 

APACHE JUNCTION AZ 85220 

FRANK GARCIA, FlRE CHIEF 

STANFIELD VOLUNTEER FlRE 

DEPARTMENT 

P 0 BOX 29 

STANFIELD AZ 85272 

ROWE GILBERT 

22695 CACTUS FOREST RD 

FLORENCE AZ 85232 

CRAIG WILLIAMS, MAYOR 

TOWN OF MAMMOTH 

PO BOX 130 

MAMMOTH AZ 85618 

LINDA HALL 

FRITO-LAY INC 

1450 W MARICOPA HIGHWAY 

CASA GRANDE AZ 85222 

JIM HARTDGEN 

11515 N FANTAIL TRAIL 

CASA GRANDE AZ 85222 

DLIDLEYVILLE FlRE DISTRICT 

PO BOX710 

WINKELMAN AZ 85292 

DAVID FIELDS 

P 0 BOX 3082 EMC 

CASA GRANDE AZ 85222 

ROGER FERLAND. ESQ 

STEICH LANG 

RENAISSANCE ONE 

TWO N CENTRAL AVENUE 

PHOENIX AZ 85004-2391 

JOE LA FORTUNE 

TOWN OF QUEEN CREEK 

22350 S ELLSWORTH RD 

QUEEN CREEKAZ 85242 

ENVIRONMENTAL COORDINATOR 

FRITO-LAY INC 

1450 W MARICOPA HIGHWAY 

CASA GRANDE AZ 85222 

PAUL RINGER 

GREATER CASA GRANDE VALLEY 

ECONOMIC DEVELOPMENT FOUND 

201 E 3' STREET 

CASA GRANDE AZ 85222 

JAMES GLASSTON 

ADVISORY COUNCIL 

POBOXM 

SAN MANUEL AZ 85631 

RICHARD GRlMALDl 

PlMA COUNTY DEQ 

130 W CONGRESS STREET 

3RD FLOOR 

TUCSON AZ 85701 

ERNIE HANCOCK 

22409 CACTUS FOREST RD 

FLORENCE AZ 85232 

M.D. HARTMAN 

WPNRCD 

14291 N ANDERSON RD 

MARICOPA AZ 85239 
KAREN J HEIDEL PhD 

ENVIRONMENTAL CONSULTANT 

ARIZONA DEPARTMENT OF TRANSP. 

Ihl''SMODAL TRANSPORTATION DIV 

2. 171H AVENUE MD619E 

PHOENIX AZ 85007-3213 

BLAKE HERZOG 

CASA GRANDE VALLEY NEWSPAPER 

P 0 BOX 15002 

CASA GRANDE AZ 85230-5002 

ROGER HOOPER 

ARIZONA COTTON GROWERS 

ASSOCIATION 

4139 E BROADWAY 

PHOENIX AZ 85040 

RON HUNKLER 

ADVISORY COUNCIL 

34317 N GOLDMINE GULCH TRAIL 

QUEEN CREEK AZ 85242 

DEBORAH JORDAN 

UNITED STATES EPA, REGION IX AIR-1 

75 HAWTHORNE STREET 

SAN FRANCISCO CA 941 05-3901 

PETER KELM 

FLORENCE COPPER 

14605 E HUNT HIGHWAY 

FLORENCE AZ 85232 

i ( JOHNKLINE 

1 FLORENCE COPPER INC 1 FLORENCE PROJECT 

i 14605 EAST HUNT HIGHWAY 

FLORENCE AZ 85232 

DONOVAN KRAMER SR 

CASA GRANDE VALLEY NEWSPAPER 

P 0 BOX 15002 

CASA GRANDE AZ 85230-5002 

DALLAS LANE 

REGIONAL FlRE RESCUE 

7951 W McCARTNEY RD 

CASA GRANDE AZ 85222 

DAVID LIMA 

HEXCEL CORPORATION 

P 0 BOX 15006 

CASA GRANDE AZ 85230-5006 

JIM HENNESS 

WPNRCD 

5738 W HIGHWAY 287 

CASA GRANDE AZ 85222 

TERRY HESLIN 

ARIZONA STATE PARKS 

1300 W WASHINGTON 

PHOENIX AZ 85007 

HUGHES 8 GANZ CATTLE COMPANY 

P 0 BOX 399 

QUEEN CREEK AZ 85242 

JOHN P KENNEDY 

ENVIRONMENTAL TECHNOLOGY INC 

2541 E UNIVERSITY 

PHOENIX AZ 85034 

ROBERT KARD 

MARICOPA COUNTY DIVISION OF AIR 

POLLUTION CONTROL 

1001 N CENTRAL AVENUE, SUITE 595 

PHOENIX AZ 85004 

JOHN KEVIN 

ADVISORY COUNCIL 

P 0 BOX 2187 

APACHE JUNCTION AZ 85217 

VERA KORNYLAK 

AZ CENTER FOR LAW IN THE PUBLIC 

l NTEREST 

2205 E SPEEDWAY BLVD 

TUCSON AZ 8571 9-4728 

URSULA KRAMER, DIRECTOR 

PIMA COUNTY DEQ 

130 W CONGRESS, 3RD FLOOR 

TUCSON AZ 85701-131 7 

KATHl LAWRENCE 

PlMA COUNTY DEQ 

130 W CONGRESS STREET 

3RD FLOOR 

TUCSON AZ 85701-1317 

NED NORRIS, JR, CHAIRMAN 

TOHONO O'ODHAM NATION 

P 0 BOX 837 

SELLS. AZ 85634 

CRISTOBAL HERNANDEZ 

CITY OF CASA GRANDE FlRE DEPT 

510 E FLORENCE BLVD 

CASA GRANDE AZ 85222 

ED HEURING 

BROWN EVANS DISTRIBUTING CO 

P 0 BOX 5840 

MESAAZ 8521 1 

JACK HUGHES 

POBOXll 

VALLEY FARMS AZ 85291 

CALVIN JOHNSON 

CASA GRANDE SERVICE CENTER 

520 N CAMINO MERCADO, SUITE 12 

CASA GRANDE AZ 85222 

KEARNY FlRE DEPARTMENT 

P 0 BOX 639 

KEARNY AZ 85237 

ILISA KILLION 

URS CORPORATION 

130 ROBIN HILL ROAD SITE 100 

SANTA BARBARA CA 931 17 

WARREN KOSTERS 

MARICOPA COUNTY DIVISION OF AIR 

POLLUTION CONTROL 

1001 N CENTRAL AVENUE SUITE 200 

PHOENIX AZ 85004 

ARB CAMPBELL 

ADVISORY COUNCIL 

43303 W LllTLE DRIVE 

MARICOPA AZ 85239 

MARK LEWANDOWSKI 

AZ DEPT OF ENVIRONMENTAL QUALIP 

1100 W WASHINGTON 

PHOENIX AZ 85007 

STEPHEN P. LllTLER 

BIOSPHERE 2 

DECISIONS INVESTMENTS CORP 

P 0 BOX 689 

ORACLE AZ 85623 
JESS LOTWALA 

MARICOPA COUNTY DIVISION OF AIR 

POLLUTION CONTROL 

If- ' N CENTRAL AVENUE SUITE 200 

F :NIXAZ 85004 

AMANDA McGENNlS 

ARIZONA CHAPTER 

ASSOCIATED GENERAL 

CONTRACTORS 

1825 W ADAMS ST 

PHOENIX AZ 85007 

PARTICIA MARIELLA, PH.D 

GILA RIVER INDIAN COMMUNITY 

DEPT OF ENVIRONMENTAL QUALITY 

P 0 BOX 97 

SACATON AZ 85247 

BILL MAXWELL 

PIMA COUNTY DEQ 

130 W CONGRESS STREET 

3RD FLOOR 

TUCSON AZ 85701 -1 31 7 

DlVlSlON OF MILITARY AFFAIRS 

5636 E MCDOWELL ROAD 

PHOENIX AZ 85008 

WAYNE NASTRI 

REGIONAL ADMINISTRATOR 

US EPA REGION IX 

75 HAWTHORNE STREET 

SAN FRANCISCO CA 94105 

HELEN NEUHARTH 

GREATER CASA GRANDE 

CHAMBER OF COMMERCE 

575 N MARSHALL 

CASA GRANDE AZ 85222 

STEVEPEPLAU 

ARIZONA DEPARTMENT OF ENV QLW 

1100 W WASHINGTON 

PHOENIX AZ 85007 

NEDRA QUICK 

ADVISORY COUNCIL 

P 0 BOX 888 

FLORENCE AZ 85232 

JULIE ROSE 

US EPA REGION IX 

75 HAWTHORNE STREET 

SAN FRANCISCO CA 94105 

THOMAS A MCCARVILLE 

MCCARVILLE, COOPER & VASQUEZ 

P 0 BOX 15005 

CASA GRANDE AZ 85230-5005 

COLLEEN MCKAUGHAN 

EPA-REGION 9 TUCSON OFFICE 

1050 W SADDLE HORN DRIVE 

TUCSON AZ 85737 

DAVID MARTIN 

EXECUTIVE DIRECTOR 

ARIZONA GENERAL CONTRACTORS 

1825 W ADAMS ST 

PHOENIX AZ 85007 

P K MEDHl 

ADVISORY COUNCIL 

1002 SHADOW RIDGE DRIVE 

CASA GRANDE AZ 85222 

DAVID MONTGOMERY 

DEPUW FlRE MARSHAL 

APACHE JUNCTION FlRE DISTRICT 

1455 E 1 BTH AVENUE 

APACHE JUNCTION AZ 85219 

NATIONAL GYPSUM COMPANY 

STAR ROUTE HIGHWAY 77 

WINKELMAN AZ 85292 

DUNCANMCCOOK 

ANDERSON CLAYTON CORP 

P 0 BOX 12506 

FRESNO CA 93778 

PAULA MAN LOVE 

ENVIRONMENTAL SYSTEMS CORP 

200 TECH CENTER DRIVE 

KNOXVILE TN 37912 

JERRY MAY 

MAGMA COPPER COMPANY 

P OB OX M 

SAN MANUEL AZ 85631 

MICHAEL HING, MAYOR 

TOWN OF SUPERIOR 

734 MAIN STREET 

SUPERIOR AZ 85273 

SAM MORRIS 

ENVIRONMENTAL HEALTH & SAFEN 

PENDA-GLASSTITE INC 

600 N HWY 4 

DUNNELL MN 56127 

DAVID NEAL 

MOBILE MINI INC 

11755 N MIP ENTRANCE ROAD 

MARICOPA AZ 85239 

ORACLE VOLUNTEER FIRE DISTRICT DON PEARCE, CHIEF 

P 0 BOX 977 MARICOPA FIRE DEPARTMENT 

ORACLE AZ 85623 P 0 BOX 136 

MARICOPA AZ 85239 

TAMARYA J PIKE 

ARIZONA STATE LAND DEPT 

1616 W ADAMS 

PHOENIX AZ 85007 

GERARD0 RlOS 

US EPA REGION IX 

75 HAWTHORNE STREET. AIR 3 

SAN FRANCISCO CA 94105 

FLOREN'I'INO SAIZ, FlRE CHIEF 

MAMMOTH FlRE DISTRICT 

P OB OX 432 

MAMMOTH AZ 85618 

MIKE PUT2 

HARBORLITE CORPORATION 

P 0 BOX 960 

SLlPERlOR AZ 85273 

ROBERT ROOS, ESQ 

LEWIS & ROCA LLP 

40 N CENTRAL AVENUE 

PHOENIX AZ 85004429 

SAN MANUEL FlRE DEPARTMENT 

P 0 BOX 651 

SAN MANUEL AZ 85631 
BILL SAWYER 

MARICOPA FEEDYARD LLC 

P ' ?OX 280 

Iv, ZOPA AZ 85239 

JOHN SKELLEY 

ARIZONA GRAIN CO, INC 

P 0 BOX 11188 

CASA GRANDE AZ 85230-1 188 

OLE SOLBERG 

ADVISORY COUNCIL 

508 E BARRUS PLACE 

CASA GRANDE AZ 85222 

HARRISON TALGO, CHAIRMAN 

SAN CARLOS APACHE TRIBE COUNCIL 

POBOXO 

SAN CARLOS AZ 85550 

JANET TRAVIS 

GILA RIVER INDIAN COMMUNITY 

DEPT OF ENVIRONMENTAL QUALITY 

P 0 BOX 97 

SACATON AZ 85247 

TRINITY CONSULTANTS INC 

12801 N CENTRAL EXPY SUITE 1200 

: DALLAS TX 75243-1 733 

I 

PETE WAGNER 

PIMA COUNTY DEQ 

I 130 W CONGRESS STREET 

3RD FLOOR 

TUCSON AZ 85701-1317 

WESTERN CHALLENGE, INC 

610 BELL RD #2-243 

PHOENIX AZ 85022-2393 

TOM RANKIN, MAYOR 

TOWN OF FLORENCE 

P 0 BOX 2670 

FLORENCE AZ 85232 

WENDY ZlMMERMAN 

GERAGHTY & MILLER INC 

8222 SOUTH 4aTn STREET #I40 

PHOENIX AZ 85044 

ARIZONA PUBLIC SERVICE CO 

SAGUARO POWER PLANT 

MAIL DROP 4552 

P 0 BOX 53933 

PHOENIX AZ 85072-3933 

RUTH BLUMER 

CIRCLE K STORES INC 

P 0 BOX 52085 

PHOENIX AZ 85072-2085 

CARL STEVENSON 

RED ROCK FEEDING CO 

P 0 BOX 1039 

RED ROCK AZ 85245 

MICHAEL THOMPSON 

EVERGREEN AIR CENTER INC 

PINAL AIR PARK 

MARANA AZ 85653-9501 

JEFF J PARKER 

ADIVSORY COUNCIL 

POBOXM 

SAN MANUEL AZ 85631 

BOB TROTTER 

US EPA REGION IX 

75 HAWHORNE STREET 

SAN FRANCISCO CA 94105 

BOB JACKSON, MAYOR 

ClTY OF CASA GRANDE 

510 E FLORENCE BLVD 

CASA GRANDE AZ 85222 

JOEL NICKEL 

UNITED METRO MATERIALS 

P 0 BOX 52140 

PHOENIX AZ 85072-2140 

DEBRA SOMMERS, MAYOR 

TOWN OF KEARNY 

P 0 BOX 639 

KEARNY AZ 85237 

DEAN SVOBODA 

ClTY OF APACHE JUNCTION 

1001 N IDAHO RD 

APACHE JUNCTION AZ 8521 9 

MIKE TRAUBERT 

AZ DEPT OF ENVIRONMENTAL QUALIP 

11 00 W WASHINGTON 

PHOENIX AZ 85007 

JON TREJO 

TREJO INVESTMENTS 

P 0 BOX 30000 

MESA AZ 85275-0000 

LARRY TWIG 

ROSS LABORATORIES 

1250 W MARICOPA HIGHWAY 

CASA GRANDE AZ 852222 

MEG WEESNER 

SAGUARO NATIONAL MONUMENT 

3693 S OLD SPANISH TRAIL 

TUCSON AZ 85730 

STEVEN M WHEELER 

SNELL L& WILMER LAW OFFICES JUDY WOOD 

ONE ARIZONA CENTER ARIZONA STATE LAND DEPT 

PHOENIX AZ 85004-0001 1616 W ADAMS 

PHOENIX AZ 85007 

NANCY WRONA THOMAS SHOPE, MAYOR 

AZ DEPT OF ENVIRONMENTAL QUALITY ClTY OF COOLIDGE 

OFFICE OF AIR QUALITY 130 W CENTRAL AVE 

I I00 W WASHINGTON COOLIDGE AZ 85228 

PHOENIX AZ 85007 

SUE GROFF 

THE COMMUNICATOR 

50947 W PAPAGO RD 

MARICOPA AZ 85239 

ROBERT BROWN 

P 0 BOX 11281 

CASA GRANDE AZ 85230-1281 
ROBERT ZIMDAR 

64231 E. CAT CLAW LANE 

SADDLEBROOKE AZ 85739 

SPENCERKAMPS 

HOME BUILDERS ASSOCIATION OF 

CENTRAL ARIZONA 

3200 E CAMELBACK RD SUITE 180 

PHOENIX AZ 85018 

GREG WEURTZ 

ARIZONA WHEAT GROWERS ASSOC 

4139 E BROADWAY 

PHOENIX AZ 85040 

ANDREA MARTIN 

AIR QUALITY PROGRAM MANAGER 

ARIZONA DEPT OF AGRICULTURE 

1688 W ADAMS ST 

PHOENIX AZ 85007 

MAXINE LEATHER, EX DIRECTOR 

CAAG 

1075 S IDAHO RD, SUITE 300 

APACHE JUNCTION, AZ 8521 9 

JEFF PARKER 

POBOXM 

SAN MANUEL AZ 85631 

KELLY ANDERSON, MAYOR 

CITY OF MARICOPA 

P 0 BOX 610 

MARICOPA AZ 85239 

RICK LAVlS RUSSELL BOWERS, EXEC DIRECTOR 

ARlZOlNA COlTON GROWERS ASSOC ARIZONA ROCK PRODUCTS ASSOC 

41 36 E BROADWAY RD 916 W ADAMS ST 

PHOENIX AZ 85040 PHOENIX AZ 85007 

DAN DUGAN 

DUGAN DAIRY INC 

3304 N OVERFIELD RD 

CASA GRANDE AZ 85222 

COREY WOODS 

AMERICAN LUNG ASSOCIATION OF AZ 

102 W MCDOWELL RD 

PHOENIX AZ 85003 

DEBBIE HOPKINS 

COUNTY EXECUTIVE DIRECTOR KEVIN STEIN 

PlNAL CO FARM SERVICE AGENCY NRCS ARIZONA STATE OFFICE 

520 N CAMINO MERCADO SUITE 10 230 N FIRST AVE, SUITE 509 

CASA GRANDE AZ 85222 PHOENIX AZ 85003 

ARTHUR SANDERS. MAYOR 

TOWN OF QUEEN CREEK 

22350 S ELLSWORTH RD 

QUEEN CREEK AZ 85242-931 1 
STATE OF ARIZONA 1 ss. 

corn OF PINAL 

PUBUCNOnCE 

REOARDING 

AMENDMENT OF THE 

PINK COUNTY 

NO BUY ORDINANCE 

~plblkrlmmdm8mMd~d 

az&LPsupex2 

th. Arizona Department of 

EtwhwmnW Omlky, to be had at 

9:30 am. on Decanbw 12,2007. ~hs 

Boudhork.na8kedtoadoptM 

ammddwvsnbnofthe 

sri.tlng of Plnal County No Burn 

-bfhAA,de6ndhAR.S. 

Ez: :arx%o.2 z : 

Range 10 EUL Pumuant 6 AR.S. 

W7l.W, tho ndce prbWud at 13 

AAR. 31SB (Wl-7) desulbed the 

L+gblsUv8 m8ndUo br cartah rsvlJm O tho Odhnca, indudlng a gend.lonti~use8ndmoa 

w(ldoorfirmIn iwmmoto hii pdlu- cion advlsorlsr h puUculPOI matter, 

endinarvredpemllkmbrmpontvb 

-c4thobumbanordmMm.Tht 

~~pub(lc~Mno 

-a wn mwhd. Ths onty 

pddWbnrl rplf-ncommended changes mUhm8tYPoQnPhiQlconedbnMd 

8~tkindthoynb*boCoMi~ 

~~amtethtdI~Oftho0rdC 

nenarpplyrnslLcoedAmaA.Ths 

Bwrd wlll amaidor adophn of the 

~0rdnurqurdwril~CoMidor wbmm rha ~adutkn to ADEQ 

fiw pummon to tho Em a pro- poudrarWonrorhaArlavleState 

-tbn Pi-, 8nd Speciclcelly to Wm 5# p(M. required under Secllon 

IWd) d tho Clean Air Ad Caph of 

me proposed ordinanca may be 

IwmXod at .Pind County % Wi 

31 North P~nal Stmot. Budding F. 

Flonncs. Arimru. A comment perrod 

wWdor6vAmmedouofheh&ing 

krkmtho Boud.Thae wming furthor lrrRmumortommay -tact Scott DIBbce. Plnml 

Cwnty Air Uiiy Plamlng MMagar 

atbith.lmoaddrssdwmabavoor pt!m4smze. 

Nadprblii:2;deBsdplbllce 

tkr*: Nov. 8.15, M07. 

davit of PuMlNOVAN M. KRAMER SR. fit being duly sworn 

dewses -. and savs: Thnt he is a native born citizen of the United States of r~~~~~ . America, over 21 years of age. that he is publisher of the Florence 

Reminder and Blade-Tribune, a weekly newspaper published at Florence, 

Pinal County, Arizona, on Thmsday of each week; that a notice, a full, me 

and complete printed copy of which is hereunto attached, was printed in 

the re ular edition of said newspaper. and not in a supplement thereto, for 

c~utive issues the fit publication thereof having 

been on the 8TH 

day of NOVEMBER A.D.. 20W 

Second publication NOVEMBER 15, 2007 

Third publication 

Fourth publication 

Fifth publication 

Sixth publication 

FLORENCE REMINDER AND BLADE-TRIBUNE 

Sworn 

day of 
Amdsvit of Publication 

STATE OF ARIZONA } ss. 

COUNTY OF PINAL 

PUBUC NOTICE 

REOARDING 

AMENDMENT OF THE 

PlNAL COUNTY 

NO BURN ~DiNANCE 

ThapcrbllchIrm(sdtosttsndand 

khru lhpmmmt of 

EmiroM#r*JauJily,lob.hddat 

930~m.on~lZ~.W 

Boudhu~aabtdto~~M 

UMnCbd~vwrpnofms 

exidng of Plrul County No Burn 

odhnceborkuh~inAR.S. 

049511toindud.th.seanorthof 

AriZolrp Farm Rod and mat of 

Ru\gr 10 Errt hmmnt to A.R.9. 

-7l.Oe. IbO st 19 

MR. 31s (MU20Q7) dosabod the 

mwathm~(aartjnrevC 

-O~~.klC(Udklga 

tlon.dvicori.r(aputiarlst.malter, 

ud~~lurrqmtvk 

lpondthbumbmardhuwrs.Thel 

nobb.lnvWldpublicoommrntbUm 

- - 

inwiv8.~awrabbna 

aclamakmcbme~to~ 

~~UmtU~d~eordi- 

~lpplVto~hA~ 

BoudwWoonadw~ofth. 

lvamdadlnMm,andW~~- 

lao(d)dh.ClunNrM~of 

wpropawd-wk, 

Irpp.cM at Plru) Air 

31 Nam Phd &met. BulIdg --A,crYMwntpabd 

dd~90dy.d~wrllh 

Umfim . dm&mticu.and 

dOr%EFLearm 

b.lmth.~.ThOuwbhnOturtherinlwmrrtbnWto.uknkeommenb 

my contact Scoll Dim. Pinal 

Cmnty Air QdW PluninO MaPte~the~~PbaveOc 

(it-. 

DONOVAN M. KRAMER SR first being duly sworn 

deposes and says: That he is a native born citizen of the United States of 

America. over 21 years of age, that he is publisher of the Casa Grande 

Dispatch, a daily newspapet published at Casa Grande, Pinal County. 

Arizona. Tuesday through Sunday of each week; rhat a notice, a full. true 

and complete printed copy of which is hereunto attached. was printed in 

the regular edition of said newspaper, and not in a supplement thereto, for 

TWO consecutive issues the first publication thereof having 

been on the 8TH 

day of NOVEMBER A.D.. 2007 

Second publication NOVEMBER 15- 2007 

Third publication 

Fourth publication 

Fifth publication 

Sixth publication 

CASA GRANDE DISPATCH 

BY 

DONOVAN M. KRAMER SR., Publisher 

Sworn to before me this * 

day of 

Notary Public in and for the County 

of Pinal, State of Arizona ---*a**"- -- - xo!a~, 3,1~1u sat13 O~A~MM 

anal Ccuntv 

wane 1 M~.mle 

My f:~murlmiss:~ Ex- .? . ,>P 
Affidavit of Publication 

Before me, a Notary Public in and for th ty of Pinal, S te ofArizona, this the day 

of ,20a appeared 7- QIA/ h,, who duly sworn says 

that he/she is the advertising consultant ofthe Apache kction News, a Weekly Newspaper of 

General Circulation, published in Arizona, and is a true and complete copy, published in said 

Newspaper Beginning uqW_,2 and published on the following dates: 

Llsml%& ]q r 

\C/) No Other Date 

Signed hd&, UQ-& 

whoae identity I proved on the basis of 

whoso idanti@ I proved on the oatW&kwtion of 

a credible witness . to be the signer of the above document, and hdshe 

Noto'y i'~>"c. State 01 Arltona 

kloi.copa County 

My Commlaalon Erplle8 

June 29.2008 
PUBLIC NOTIC% '- 

REGARDING AMENDMENT OF ThE PINAL COUNTY 

NO BURN ORDINANCE 

The pblic is invited to athd and testify af a* b- More tbt Pa hmly 

Barrd~fS~.ndthC~DepartmmtofEmriSonmenrrJ~ty,to 

behadu9:30rm,on~1'2uX)7.TbcBoudb~~todop 

mamadcdrrplrcmcntvo~ionoffheexisthgofPiaulCau&SkBum(3rdiforA&a~. defined in ARS. 649-541 to include the mud ofkhna 

Fumr Rod .dd west of Range IQ* PIlrwrnt CQAR.S. 049-4fl.08, the Dotice 

@M~13AAR31M(W14tZ007)mthc-rrmvilHfd 

dincruoedpeaaltiafbrrcpat*of~bebwllbmgdiiirnce..'~ht~#ice 

invited pblic comma& but no commnts wcm received. Tbs dy additid 

W-rccammW @anpa involve a typognphiul don and a clari6~1- 

~ofthcs~toc(olEs(rmtly~thrtadurrmtr0ftbtadiaracelpplyto 

.fhcted Am A..llw Bd will cwsider adoption of tbs rcvkcd ordbmm, cmd 

will alw conrider rubmittins Ihe rt00Mion to ADEQ for plese31Eltiw to the EPA aa a poposcd reviPioPl to the Mzoaa Stare Implemmation P@ aud speakally 

t>totbe W%pla"~unQ~n 189(d)ofthe~~AirktC!opkoftbc 

~oriiiollacemrybeimpoftdduPinalCountyAir~131N~~ 

Saw, &liMiol F, Rcmm, ArizooL A commcnt &of at M30 bye will 
Arizona Adminktrative Regkter /Secretary of Bate 

County Notices Pursuant to A.RS. 5 49-112 

COUNTY NOTICES PURSUANT TO A.R.S. 8 49-112 

- 

Because each county writes rules and regulations in its own unique style, County Notices published in the Register do not conform 

to the standards of the Arizona Rulemaking Manual. With the exception of minor formatting changes, the rules (including subsec- tion labeling, spelling, grammar, and punctuation) are reproduced as submitted. 

NOTICE OF EXPEDITED RULEMAKING 

PURSUANT TO A.R.S. $ 49-471 .O1 et seq. 

PINAL COUNTY AIR QUALITY CONTROL DISTRICT 

[M07-4871 

1. Preamble 

2. The Pinal County Air Quality Control District constitutes an operating division of Pinal County, a political subdivision of 

the State of Arizona. The District proposes that the Board of Supervisors adopt a new ordinance imposing limited "no 

bum" restrictions in a specific portion of the County. The restrictions would apply when the Arizona Department of Environmental Quality ("ADEQ") declares a locally applicable high pollution advisory for carbon monoxide or particulate 

matter. These revisions are mandated by changes to A.R.S. $811-871 and 49-501, as amended by Laws 2007, Chapter 

292 ("Senate Bill 1552"). To the extent the proposal affects permits issued under the existing rule-based open burning 

permit program, the proposal also invokes the authority of A.R.S. $49-479. The proposal also includes a repeal of a predecessor ordinance. 

3. Those wishing further information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, 

Pinal County Air Quality, 31 North Pinal St., Building F, Florence, Arizona, 520-866-6969. To the extent possible, the 

District will also post information on the County's website, www.co.pinal.a-.us, under the "air quality" link. 

4. Given that these changes at least partly rely upon authority of A.R.S. Title 49, the ordinance-adoption process will conform to the expedited adoption process defined in A.R.S. § 49-471.08. That process will include publication of this notice 

of proposed rulemaking in the Arizona Administrative Register, a 30 day public comment period, and a subsequent submittal to the Board of Supervisors for consideration and adoption. The administrative process will not include an oral proceeding. The date and location for the hearing-of-adoption before the Board of Supervisors will be separately scheduled 

and noticed in accord with the applicable provisions of A.R.S. $8 11-251.06,49-471.07 and 49-471.08, and, where applicable, the requirements of 40 CFR 51.102. That hearing before the Board of Supervisors is tentatively scheduled for 

December, 2007. 

5. This proposal responds to a statutory mandate. There are no supporting studies. The legislative mandate obviates any 

economic, small business or consumer impact discussion. The ordinance will be effective upon adoption by the Board of 

Supervisors, which is tentatively scheduled for December, 2007. There are no prior register notices pertaining to this proposal. 

6. Pursuant to A.R.S. $ 49-471.08(A)(2), Donald P. Gabrielson, the Control Officer for the District, finds that Senate Bill 

1552 $3 mandates that the County ban use of indoor wood burning fireplaces in Area A whenever ADEQ declares a high 

pollution advisory for carbon monoxide or particulate matter. Similarly, Senate Bill 1552 $18 mandates that the County 

ban outdoor burning in Area A whenever ADEQ declares such an advisory. The Control Off~cer finds that the proposed 

ordinance is substantially identical to the sense, meaning and effect of the state law from which it is derived. 

7. Text of Proposed Ordinance 

Ordinance No. 

PINAL COUNTY NO BURN ORDINANCE FOR AREA A 

1. Title. This Ordinance shall be known as the "Pinal County Area A No Bum Ordinance." 

2. Repeal. Predecessor Ordinance No. 122000-AQC (~ecember 20,2000) is hereby repealed. 

3. Geographic Applicability. The prohibitions under this ordinance apply to both incorporated and unincorporated regions 

within the "affected area," namely the Pinal-County-portion of Area A as defined at A.R.S. $ 49-541, which includes the 

following areas, defined relative to the Gila & Salt River Base and Meridian: 

- Township 1 north, Range 8 east 

- Township 1 north, Range 9 east 

- Township 1 south, Range 8 east 

- Township 1 south, Range 9 east 

- Township 2 south, Range 8 east 

- Township 2 south, Range 9 east 

- Township 3 south, Range 7 east 

- Township 3 south, Range 8 east 

- Township 3 south, Range 9 east 

Volume 13, Issue 37 Page 3 1 58 Seotember 14.2007 
Arizona Administrative Register /Secretary of State 

County Notices Pursuant to A.R.S. 5 49-112 

4. Timing and Duration of Prohibition. The "no bum" restrictions and prohibitions under this ordinance shall arise by operation of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona Department of Environmental Quality for the Phoenix urban area for either carbon monoxide or particulate matter. 

5. Prohibition - Indoor Residential Wood Combustion 

a. Subject to the exceptions defined in subsection b. below, a "no bum" restriction shall arise with respect to use of 

indoor residential wood stoves or fireplaces. 

b. The restriction under this subsection shall not apply to solid fuel combustion in any of the following: 

1. A residential wood stove or fireplace that provides the sole or primary source of heat or fuel for cooking for a 

residence. 

2. A stove or fireplace that meets performance standards for new residential wood heaters manufactured on or after 

July 1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 CFR Part 60, Subpart AAA. 

3. A stove or fireplace that bums gaseous fuels. 

4. A stove or fireplace that conforms to rules adopted by the Board of Supervisors for burning wood in approved 

appliances. 

c. Penalties for Violation. Violation of this subsection shall subject the person who commits such violation to: 

1. A warning for the first violation. 

2. The imposition of a civil penalty of fifty dollars ($50.00) for the second violation. 

3. The imposition of a civil penalty of one hundred dollars ($100.00) for a third violation. 

4. The imposition of a civil penalty of two hundred and fifty ($250.00) for a fourth or any subsequent violation. 

d. For violations of this subsection of this ordinance, the control officer or his representative shall use a uniform civil 

ticket and complaint substantially similar to a uniformed traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Control Officer or his representative may issue citations 

to persons in violation of this ordinance. 

6. Prohibition - Suspension of Open Burning Permits 

a. Existing open bum pennits shall be suspended, and a "no bum" restriction within the affected area shall be imposed 

with respect to open buming regulated by an open buming permit issued pursuant to the Pinal County Code of Regulations. 

b. No person affected by such a "no bum" restriction shall be entitled to a refund of any monies paid for an open buming 

permit that may be suspended by virtue of imposition of such a "no burn" restriction. 

c. Violation of this subsection shall constitute both a civil and a criminal offense, and shall subject the violator to civil or 

criminal prosecution as set forth in Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. Ej 49-5 10, et seq.). 

7. Prohibition - Limitations on Otherwise Exempt Outdoor Fires 

a. Notwithstanding any other exemptions "rider this ordinance, a "no bum" restriction shall also apply within the 

affected area with respect to any outdoor solid fuel combustion in chimneas, fire pits and similar outdoor fires. 

b. Violation of this subsection shall constitute a civil offense, and a person who violates the prohibition of this subsection may be served a notice of violation and be subject to the enforcement provisions of Arizona Revised Statutes 

Title 49, Chapter 3, Article 3 (A.R.S. 8 49-510, et seq.), except that a violation that lasts no more than twenty-four 

hours and that is the first violation committed by that person is subject to a civil penalty of no more than five hundred 

dollars. 

8. Definitions 

a. "Control Officer" as used in this ordinance, means the director and executive head of the Pinal County Air Quality 

Control District responsible for performing duties and exercising powers prescribed by law. 

b. "Fireplace" as used in this ordinance, means a built in place hearth and fire chamber or a factory-built appliance 

designed to burn solid bel and which is intended for domestic use. 

c. "Inappropriate fuel" as used in this ordinance, includes but is not limited to leaves, grass clippings, green plants, 

refuse, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, waste 

oil, liquid or gelatinous hydrocarbons, tar, asphaltic products, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 30 percent (30%), treated wood, plastic or plastic 

products, rubber or rubber products, office records, sensitive or classified wastes, or any substance which normally 

emits dense smoke or obnoxious odors. 

d. "Open outdoor fire" means combustion of any combustible material of any type outdoors, in the open where the products of combustion are not directed through a flue. "Flue" means any duct or passage for air, gases or the like, such as 

a stack or chimney. 

e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or nonliquid fuels, including those fuels 

determined by the Pinal County Air Quality Control Director as "inappropriate fuel" to bum in residential woodbuming devices. 

f. "Woodstove" means a solid-fuel buming heating appliance including a pellet stove, which is either freestanding or 

designed to be inserted into a fireplace. 

9. Violations - Limitations on Defenses. Actions that violate this ordinance shall be malurn prohitum, and a lack of knowlSeptember 14,2007 Page 3159 Volume 13, Issue 37 

(5-03 
Arizona Administrative Register /Secretary of SYate 

County Notices Pursuant to A.RS. $49-112 

edge that a "no burn" restriction has been imposed shall not constitute a defense. 

NOTICE OF RULEMAKING DOCKET OPENING 

(Ref. A.R.S. 49-1021) 

PINAL COUNTY AIR QUALITY CONTROL DISTRICT 

[M07-4861 

L miect Matter of the PropoM Rule 

The proposed revisions to local air quality rules involve amending a number of sections in the rules including but not 

limited to: 

$1-1-lO5,§1-3-140, $2-4-150, $3-1-030, $3-1-040, 63-1-081, $3-7-585.B, $3-8-700,§4-2-040.5,§4-3-070, 

$4-3-080,§5-8-260, 85-30, 65-16-670, $6-1-030, $7-1-030, $7-2-030.6.3, Appendix C 

Also as part of this rulemaking, Pinal County may add, delete or modify additional rules as necessary. 

t md Notices 

None 

wet 1nfor-q 

Those wishing further information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, Pinal County Air Quality, 3 1 N. Pinal St., Building F, Florence, AZ, (520) 866-6929. To the extent possible, the 

District will also post information on the County's web site, www.co.pinal.a=.us, under the "air quality" link. 

e ~o~ortunitvforAt a later date, the District will publish a Notice of Proposed Rule Making that will define a formal timetable for submittal of oral or written comments. At any time prior to the close of that to-be-defined comment period, anyone may 

seek information or submit comments by contacting the Planning Manager at the address shown above. Ultimately, 

the public will also have an opportunity to offer comment in the public hearing before the Board of Supervisors. 

5 Bntici~ated Timet&& 

To be announced in the Notice of Proposed Rulemaking. 

Volume 13, Issue 37 Page 3 160 September 14.2007 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

(520) 866-6929 Fax: (520) 866-6967 

Pinal County SIP Submittal Pursuant to CAA §I89 

Certificatation of Public Notifications 

December 20, 2007 

To whom it may concern: 

The undersigned hereby affirms, based upon personal knowledge, that a notice of a hearing to 

consider adoption of an ordinance regulating indoor and outdoor burning in the Pinal County 

portion of the Phoenix Planning Area PM,, Serious Nonattainment Area was: 

1. Posted at 8 different locations on or before 11/5/2007. The locations include: 

a. Pinal County Courthouse, 971 N. Jason Lopez Circle, Florence, Arizona 

b. Pinal County Administration Building, Buiding A, 31 N. Pinal St., Florence, 

Arizona 

c. Pinal County Board of Supervisors, Casa Grande Offices, 820 E. Cottonwood 

Lane, Building A, Casa Grande, Florence, Arizona 

d. Pinal County Board of Supervisors, Mammoth Offices, 118 S. Catalina, 

Mammoth, Arizona 

e. Pinal County Board of Supervisors, Apache Junction Offices, 575 N. Idaho Road, 

Apache Junction, Arizona 

f. Pinal County Treasurer's Office, Buiding E, 3 1 N. Pinal St., Florence, Arizona 

g. Pinal County Air Quality Office, Buiding F, 31 N. Pinal St., Florence, Arizona 

h. Pinal County Justice Court, 400 South Central Avenue, Florence, Arizona 

2. Published on two occasion(s) in three newspapers. The newspapers and publication dates 

include: 

a. Florence Blade-Reminder and Tribune .................. 11/8/2007 

11/15/2007 ............................... 

b. Casa Grande Dispatch ............................ 1 1/8/2007 

11/15/2007 ............................... 
Notification Mailing Certification 

December 20, 2007 

Page 2 

c. Apache Junction News .......................... 1 11 1212007 ............................... 11/19/2007 

3. Mailed on or before 11/6/2007, by first-class mail, to each of the 164 individuals 

identified on the accompanying "mailing list," (6 pages). 

4. Published in the Arizona Administrative Register, 13 A.A.R. 3158 (9/14/2007). 

Sincerely yours, 

Nelda Nunez ' u 

Administrative Assistant 

Pinal County Air Quality 
NOTICE OF PUBLIC MEETING AND EXECUTIVE SESSION 

PlNAL COUNTY BOARD OF SUPERVISORS 

SUMMARY OF AGENDA FOR REGULAR SESSION 

WEDNESDAY, DECEMBER 12,2007 

9:30 A.M. - CALL TO ORDER 

31 N. PlNAL ST. 

ADMINISTRATION BUILDING A 

FLORENCE, ARIZONA 

BUSINESS BEFORE THE BOARD 

(Consideration/Approval/DisapprovaI of the following:) 

(1) Purchasing Report - Awarding of Bids - County Purchases. (Manuel Gonzalez); 

(2) CONSENT ITEMS: All items indicated by an asterisk (') will be handled by a 

single vote as part of the consent agenda, unless a Board Member, County 

Manager, or member of the public objects at the time the agenda item is called. 

' A. Discussion/approval~disapproval of Minutes of November 21 and 28. 2007 

' B. Current Billings before the Board; 

C. Discussion/approval/disapproval of Amendment No. LTC - RFQ 200424.1 5-03 

with Pecos Health Care Limited Partnership dba: Archstone Care Center for 

Nursing Facility services. The term of this amendment will coincide with the Board 

of Supervisor's approval date and will end September 30,2008. The total 

amendment amount is not to exceed $1,000,000. (Lisa Garcia); 

D. Discussion/approvalldisapproval of Amendment No. LTC - 200607.02-01 with 

William Bunch, MD for Dental Consultation services. The term of this amendment 

will coincide with the Board of Supervisor's approval date and will end July 31. 

2008. The total amendment amount is not to exceed $5,000. (Lisa Garcia); 

E. Discussion/approval/disapproval of Amendment No. LTC - RFQ 200303.33-03 

with Concordia Oncology, P.C. for Specialist Physician services. The term of this 

amendment will coincide with the Board of Supervisor's approval date and will 

end August 31,2008. The total amendment amount is not to exceed $5,000. (Lisa 

Garcia); 

' F. Discussion/approval/disapproval of Amendment No. LTC - RFQ 200424.04-03 

with C.V.C.C., L.L.C. dba: Chula Vista Care Center for Nursing Facility services. 

The term of this amendment will coincide with the Board of Supervisor's approval 

date and will end October 31, 2008. The total amendment amount is not to 

exceed $1,000,000. (Lisa Garcia); 

G. Discussion/approval/disapproval of Amendment No. AZ20DEP0100198 with U.S. 

Department of Housing and Urban Development which will close out the 1998 

Drug Elimination Grant. The total amendment amount was $52,500. (Lisa Garcia); 
Board of Supervisors, Agenda 

December 12,2007 

Page 2 

Discussion/approval/disapproval of Amendment No. AZ20DEP0100199 with U.S. 

Department of Housing and Urban Development which will close out the 1999 

Drug Elimination Grant. The total amendment amount was $38,490. (Lisa Garcia); 

Discussion/approval/disapproval of Amendment No. AZ20DEP0100100 with U.S. 

Department of Housing and Urban Development which will close out the 2000 

Drug Elimination Grant. The total amendment amount was $40,114. (Lisa Garcia); 

Discussion/approvaUdisapproval of Amendment No. AZ20DEP0101101 with U.S. 

Department of Housing and Urban Development which will close out the 2001 

Drug Elimination Grant. The total amendment amount was $41,522. (Lisa Garcia); 

Discussion/approval/disapproval of Amendment No. HO 200616.01-01 with Kuehl 

Enterprises, Inc. for Housing Needs Assessment services. The term of this 

amendment will coincide with the Board of Supervisofs approval date and will 

end May 31, 2008. The total amendment amount is not to exceed $54,775. (Lisa 

Garcia); 

Discussion/approval/disapproval of Amendment No. LTC - RFQ 200505.03-02 

with SLO Ridgecrest LLC Ridgecrest Healthcare for Nursing Facility services. The 

term of this contract will coincide with the Board of Supervisor's approval date and 

will end October 31,2008. The total amendment amount is not to exceed 

$1 00,000. (Lisa Garcia); 

Discussion/approval/disapproval of the request to direct the Pinal County 

Treasurer to issue replacement checks to The Talon Group, Title and Settlement 

Services. These checks were never cashed or deposited. Check #T0077791- 

$171.69; Check #T0077700-$10.99; Ck. #T0081880-$14.35; Ck. #T0079679- 

$20.00; Ck. #T0078357-$11.83; Ck. #T0080138-$7.57; Ck. #T0077160-$25.06; 

(Manuel Gonzalez); 

Discussion/approval/disapproval of the Amendment to Extend the Term of the 

Intergovernmental Agreement for the Arizona Counties Insurance Pool. (Terry 

Dooliffle); 

Discussion/approvalldisapproval of Policy and Procedure #02.35, Occupant 

Emergency Plans, which sets forth County Policy for establishing a guide to be 

used by all departments for the development and implementation of Occupant 

Emergency Plans for all occupied County buildings. (Manuel Gonzalez); 

Discussionlapproval/disapproval to transfer fiscal year 2007-08 budget 

appropriation from GrantsIProject Contingency (fund 21 3, cost center 2688) to the 

SheriffIJustice Assistance Grant (fund 203, cost center 2746) for approved grant 

funding in the amount of $24,490. (Manuel Gonzalez); 

Discussionlapproval/disapproval of State Land Department Special Land Use 

Permit No. 23-1 01 860-1 8, which provides for the non-exclusive use of State land, 

as described therein, by the County Parks Department for County trails. The 

County shall pay $1800.00 per year for use of the land pursuant to the terms of 

the permit through August 7,201 1. (Manuel Gonzalez); 

Discussion/approval/disapproval of an lntergovernmental Agreement for the 

sharing of GIs data between Pinal County and the City of Eloy. (Manuel Gonzalez); 

Discussion/approval/disapproval of a budget appropriations transfer for FY 2007- 

2008 of $12,627 from GrantsIProject Contingency (fund 213, cost center 2668) to 

the Library District's Library Services and Technology Act Fund 78, Cost Center 

2743. (Manual Gonzalez); 
Board of Supervisors, Agenda 

December 12,2007 

Page 3 

* z. 

* AA. 

BB. 

Discussion/approval/disapproval of the Investment Policy for the Pinal County 

Treasurer. (Dolores Doolittle); 

Discussion/approval/disapproval of Resolution No. 121207-CROR which corrects 

Resolution No. 01 1007-MV accepting only Coyote Road and Ocotillo Road into 

the Pinal County Highway Maintenance System. (Contract #RD06-083) (Ken 

Buchanan); 

Discussion/approval/disapproval of Resolution No. 121207-KBP, authorizing an 

Acquisition Agreement between Morris S. Wilkins, Jr., William Calvin Wilkins, 

Robert Wayne Wilkins, Rebecca Lynn W~lkins and Lucy Ann Parenti Smith, 

property owners and Pinal County in the amount of $60,287.34, which will be 

deposited into an escrow account at Empire Title Agency of Arizona for property 

acquisition regarding the Kelvin Bridge Project located in Supervisory District #I, 

Section 12, T4S, R13E. (Contract #RD07-050) (Ken Buchanan); 

Discussion/approval/disapproval of Resolution No. 121 207-TEC, accepting from 

Trilogy Encanterra Construction, LLC, (a Delaware Limited Liability Company), 

the Deed of Easement for a non-exclusive perpetual right and easement to run 

with the land for public utility purposes and the Agreement to Donate Easement 

and Wavier of Appraisal and Compensation for an easement within Section 32, 

T2S, R8E, within Supervisory District #2, in the unincorporated area of Pinal 

County, Arizona, as legally described in Exhibit 'A" attached hereto and made a 

part of said Resolution. (Ken Buchanan); 

Discussion/approval/disapproval of Resolution No. 121207-JR, accepting the 

completion of the construction of the Johnson Ranch, Unit 40A, Offsite Sewer 

Extension, by the release of Bond No. SU 5004575. By releasing this bond Pinal 

County in no way accepts the maintenance of the facility, as identified in the final 

plat described in said resolution and releasing financial assurances.(Contract 

#RD07-055) . (Ken Buchanan); 

Discussion/approval/disapproval of : Change Order No. 2 for Pavement 

Preservation FY '07-08 District 2. Briggs Road , Players Road & Shadyside Road 

Asphalt Rock Dust Palliative (ARDP) added to District 2 Pavement Preservation 

scope of work. Justification: Construction square yards increased overall cost of 

project. Funding to be received from Transportation Advisory Committee (TAC) 

project # 651 11 18-Briggs Road . Change Order not to exceed $19,636.75.(EC0608) (Ken Buchanan); 

Discussionlapproval/disapproval to commence litigation against Joaquin 

Sandoval, for violations of the Pinal County Zoning Ordinance committed at 6230 

N. Horseshoe Dr., Winkelman, Arizona, an unincorporated area of Pinal County. 

Montano Acres, Lot 7. (Ken Buchanan); 

Discussion/approval/disapproval of request for Credit Against Street Development 

Fees for Phase 1 & 2, Units 2,3, 3A & 38 in Rancho Bella Vista owned by 

Meritage Homes for transportation fees paid into the Superstition Valley 

Transportation Fund in the amount of $31 per lot at platting and $1 15 per lot at 

zoning in accordance with Pinal County Development Fee Ordinance #I 01 806. 

(Ken Buchanan); 

Discussion/approval/disapproval of request for Credit Against Street Development 

Fees for Units 1, Parcel 3 & Unit 3, Parcel 9 in Laredo Ranch owned by Centex 

Homes for transportation fees paid into the Superstition Valley Transportation 

Fund in the amount of $31 per lot at zoning on 120 lots and $123 per lot at 
Board of Supervisors, Agenda 

December 12,2007 

Page 4 

platting on 25 lots in accordance with Plnal County Development Fee Ordinance 

#I 01 806. (Ken Buchanan); 

(3) Discussion/approval/disapprovaI of the following final plats: A) S-026-06: (Shea 

Homes at Johnson Farms, Golf Course, Tracts and Multi-Family Parcels) 11 

Tracts SW corner Combs & Gantzel; B) S-026-06: (Shea Homes at Johnson 

Farms Model Complex) 35 lots SW corner Combs & Gantzel. (Dennis Rittenback); 

(4) Meeting of the Pinal County Library District Board of Directors. (Lisa Garcia); 

(5) Public Hearing and discussion/approval/disapproval of Ordinance No. 121 207- 

JC, permitting the recovery of the costs of service of summons and/or other 

forms of process in traffic cases by the Pinal County Justice Courts. (Paul 

O'Connell); 

(6) Public Hearing, discussion/approval/disapproval of PZ-007-07 Sunset Mountain 

Development Group L.L.C., Palmco Properties L.L.C. and Chris Whitt, requesting 

approval of a zone change from (GR) General Rural zone and (CI-2) Industrial 

zone to (CR-1A) Single Residence zone (81.0k acres), (CR-1) Single Residence 

zone (48.0+ acres), (CR-3) Single Residence zone (200.0k acres) and (CB-1) 

Local Business zone (7.0k acres) on a 336.0k acre parcel to plan and develop 

the 786 lot, Sunset Mountain Planned Area Development, pending and in 

conjunction with Board of Supervisors Planned Area Development (PAD) Overlay 

District approval under Planning Case (PZ-PD-007-07); situated in portions of 

Sections 20, 21, and 22, T4S, R2E, G&SRB&M, (tax parcels on file) (legal on file) 

(west of the City of Maricopa). Plannina Commission voted Seven (7) in favor with 

One (1) ODDOS~~ and One (1 abstention to recommend Approval of PZ-007-07 

with Two (2) Sti~ulations of Understanding. (continued from Auaust 29.2007); 

(7) Public Hearing, discussion/approval/disapproval of PZ-PD-007-07 Sunset 

Mountain Development Group L.L.C., Palmco Properties L.L.C. and Chris Whitt, 

requesting approval of a Planned Area Development (PAD) Overlay District on a 

336.0k acre parcel to plan and develop the 786 lot, Sunset Mountain Planned 

Area Development, pending and in conjunction with Board of Supervisors zone 

change approval under Planning Case (PZ-007-07); situated in portions of 

Sections 20, 21, and 22, T4S, R2E, G&SRB&M, (tax parcels on file) (legal on file) 

(west of the City of Maricopa). Plannina Commission voted Eiaht (8) in favor with 

One (1) abstention to recommend A~Proval of PZ-PD-007-07 with Thirty-two (32) 

Sti~ulations. (continued from August 29.2007); 
Board of Supervisors, Agenda 

December 12, 2007 

Page 5 

(8) Public Hearing, discussionlapprovalldisapproval of PZ-011-07 Feenstra 

lnvestments LLC & Feenstra Construction Inc., landownerlapplicant, Mario 

Mangiamele, agent, requesting approval of a zone change from (GR) General 

Rural zone to (CR-3) Single Residence zone on a 347.7+ acre parcel to plan and 

develop the 1045 lot Patria Planned Area Development, pending and in 

conjunction with Board of Supervisors PAD Overlay District approval under 

Planning Case (PZ-PD-011-07): (Palmer Road just west of Attaway Road, south 

of Florence). Situated in a portion of Sections 35 and 36, T4S, R8E, G&SRB&M, 

Tax Parcel 200-24-01 3C, 01 3G, 200-29-008, 009E, 01 0, 01 2A (legal on file). 

Plannina - Commission voted unanimouslv to recommend Denial of PZ-011- 

- 07 lcontinued from October 10. and November 14.2007); 

(9) Public Hearing, discussionlapprovalldisapproval of PZ-PD-011-07 Feenstra 

lnvestments LLC & Feenstra Construction Inc., landownerlapplicant, Mario 

Mangiamele, agent, requesting approval of a Planned Area Development 

Overlay District (PAD) on a 347.7k acre parcel to plan and develop the 1045 lot, 

Patria Planned Area Development, pending and in conjunction with Board of 

Supervisors zone change approval under Planning Case (PZ-011-07); Palmer 

Road just west of Attaway Road, south of Florence). Situated in a portion of 

Sections 35 and 36, T4S, R8E, G&SRB&M, Tax Parcel 200-24-01 3C,013G, 200- 

29-008,009E,010,012A (legal on file) Plannina Commission voted 

unanimouslv to recommend Denial of PZ-PD-011-07. (continued from October 

10 and November 14.2007); 

(10) 9:30 a.m. The following cases will be heard without additional input from the 

applicant or public unless prior to the time the case is publically heard, the 

applicant, a staff member or a member of the public requests that a case be 

considered separately. In the event that no such request for a hearing is made, 

the Board shall vote to approve the recommendation of the Commission. (Ken 

Buchanan): 

A) PZ-022-07: Gold Canyon Holdings #2, applicant1 landowner, Pew and 

Lake, agent, requesting approval of a zone change from (SR) Suburban 

Ranch zone and (CB-2) General Business Zone to (CR-5) Multiple 

Residence zone on 6.78k acres to plan and develop the Gold Canyon 

Condominiums; pending and in conjunction with Board of Supervisors 

Planned Area Development (PAD) Overlay District approval under 

Planning Case (PZ-PD-022-07); situated in a portion of Sections 8 and 9, 

TlS, R9E, G&SRB&M, (Tax Parcels on file) (legal on file) (Gold Canyon 

area, adjacent to Kings Ranch Road). Plannins Commission voted 

unanimouslv to recommend Aaarovel of PZ-022-07 with Two (2) 

Stipulations of Understandins. 
Board of Supervisors, Agenda 

December 12,2007 

Page 6 

B) PZ-PD-022-07: Gold Canyon Holdings #2, applicant/ landowner, Pew and 

Lake, agent, requesting approval of a Planned Area Development (PAD) 

Overlay District on 6.78* acres to plan and develop the Gold Canyon 

Condominiums; pending and in conjunction with Board of Supervisors 

Zone change approval under Planning Case (PZ-022-07); situated in a 

portion of Sections 8 and 9, TIS, R9E, G&SRB&M, (Tax Parcels on file) 

(legal on file) (Gold Canyon area, adjacent to Kings Ranch Road). 

Plannina Commission voted unanimouslv to recommend Approvel of 

PZ-PD-022-07 with Nineteen (19) Stipulations. 

C) PZ-023-07: Salim and Noual Hanna, landowners, Mark Hanna, agent, 

requesting approval of a zone change from (GR) General Rural zone to 

(CB-1) Local Business zone on a 2.6* acre parcel to plan a commercial 

development site; situated in a portion of the NE K of the NE % of Section 

20, T2S, R8E, G&SRB&M, Tax Parcel 104-22-041 (legal on file) (Three 

miles east of the Town of Queen Creek on the Southwest Corner of the 

intersection of Ocotillo Road and Kenworthy Rd.). Plannina Commission 

voted unanimouslv to recommend Denial of PZ-023-07. 

D) SUP-016-99A: Robert and Glenda Willis applicantllandowner, requesting 

approval of a Special Use Permit Amendment (SUP-01 6-99) to allow the 

placement of an additional 12 Recreational Vehicles on Mobile Home 

spaces (in the Aravaipa Villa Mobile Home Park) for a total of 22 

Recreational Vehicles per Section 2050B.3A.(C) of the Zoning Ordinance, 

located on a 25.3 acre parcel in the (MHP) Mobile Home Park zone; 

situated in a portion of the NE % of the NE % Section 9 and the NW % of 

the NW K of Section 10 T7S, R16E, G&SRB&M, Tax Parcel 300-33-001 F 

(portion) (legal on file) (Approximately 8 miles north of the Town of 

Mammoth on AZ 77 on the east side). Plannina Commission voted 

unanimouslv to recommend A~provel of SUP-016-99~ with Eiaht 18) 

SUP-012-07: SprinVNextel, applicant/ representative, Almar Group LLC, 

landowner, requesting approval of a Special Use Permit to construct and 

operate a 125 foot wireless communication facility (Flag Pole), on a 28 

foot by 40 foot lease area of a 1.2* acre parcel in the (GR) General Rural 

zone; situated in a portion of the SW % of the SW K of Section 11, TGS, 

R2E, G&SRB&M, Tax Parcel 501-05-033E, (legal on file) (Hidden Valley 

area 4 miles west of the Stanfield Area, in the Northeast corner area of 

intersection of Meadow Green Rd. and Warren Rd.). Planning 

Commission voted unanimouslv to recommend Approvel of SUP012-07 with Twelve (12) Stipulations. 
Board of Supervisors, Agenda 

December 12,2007 

Page 7 

F) PZ-018-07: Walton Cactus Springs, applicant1 landowner, Stantec 

Consulting, agent, requesting approval of a zone change from (GR) 

General Rural zone to (CR-3) Single Residence zone on 323.2k acres to 

plan and develop the 1130 lot, Cactus Springs Planned Area 

Development, pending and in conjunction with Board of Supervisors 

Planned Area Development (PAD) Overlay District approval under 

Planning Case (PZ-PD-018-07); described as the S%, Section 2, T5S, 

R2E, G&SRB&M, Tax Parcels 510-32-002C (Maricopa area, south of 

Pima Road and East of Warren Road). Planninq Commission voted 

unanimouslv to recommend Ap~rovel of PZ-01 8-07 with Two f2) 

Sti~ulations of Understandina. 

G) PZ-PD-018-07: Walton Cactus Springs, applicant1 landowner, Stantec 

Consulting, agent, requesting approval of a Planned Area Development 

(PAD) Overlay District on 323.2k acres to plan and develop the 1130 lot, 

Cactus Springs Planned Area Development, pending and in conjunction 

with Board of Supervisors zone change approval under Planning Case 

(PZ-018-07); described as the S%, Section 2, T5S, R2E, G&SRB&M, Tax 

Parcels 510-32-002C (Maricopa area, south of Pima Road and East of 

Warren Road). Plannina Commission voted unanimouslv to 

recommend ADD~OV~~ of PZ-PD-018-07 with 'Thirty (30) Stioulations. 

(1 1) Hearing and action on Appeal by Olympia Partners, LLC. for James and Sheila 

Moore of the Planning and Zoning Commission's decision on June 21, 2007, to 

deny approval of the tentative plat for Hidden Desert Estates (S-032-06). (Ken 

Buchanan; Jeff Holbrook, Olympia Partners); [continued from October 10. 2007); 

(12) Joint Public Hearing with the Arizona Department of Environmental Quality 

(DEQ), discussion and possible Board action on Resolution No. 121207-AQ2 - 

Resolution of commitment to pave or stabilize existing county-owned dirt roads 

that support traffic loads above 150 vehicle trips per day in the unincorporated 

areas of Township 1 North, Range 8 East (Pinal County portion of the Phoenix 

Planning Area PM,,nonattainment area) by 2009. (Ken Buchanan); 

(13) Joint Public Hearing with the Arizona Department of Environmental Quality 

(DEQ), discussion and possible Board action on Ordinance No. 121207-AQ1 - 

No burn Ordinance for Area A - a requirement of Senate Bill 1552. (Ken Buchanan); 
Board of Supervisors, Agenda 

December 12,2007 

Page 8 

(14) Discussion/a,pproval/disapproval of the retention of Michael W. Sillyman and the 

law firm of Kutak Rock, LLP, to represent the County in connection with potential 

litigation threatened by Johnson Ranch Holdings, LLC, LDR Investments, Centex 

Homes and Pulte Homes, and concerning the Agreement for Phased Protected 

Development Rights Plan dated November 26, 1997, and all matters pertaining 

thereto. (Chris Roll); 

(15) Executive Session of the Pinal County Board of Supervisors for discussion and 

consultation for legal advice with the attorneys for the County, and to consider its 

position and instruct the attorneys regarding the County's position, in accordance 

with the provisions of A.R.S. § 38-431 (A)(3)(4), concerning the threat of litigation 

and other demands by Johnson Ranch Holdings, LLC, LDR Investments, Centex 

Homes and Pulte Homes in connection with the Agreement for Phased Protected 

Development Rights Plan Johnson Ranch and Pinal County, Arizona, dated 

November 26, 1997. (Chris Roll); 

(16) Discussion/approval/disapproval of request for review of the Board's previous 

denial of a ten year extension of the Agreement for Johnson Ranch Phased 

Protected Development Rights Plan. (Chris Roll); 

(17) Executive Session of the Pinal County Board of Supervisors for discussion and 

consultation for legal advice with the attorneys for the County, and to consider its 

position and instruct the attorneys regarding the County's position, in accordance 

with the provisions of A.R.S. 5 38-431 (A)(3)(4), concerning recent filings in R & 

R Properties vs. Oracle Senior Citizens litigation. (Rick ~usk); 

(18) Discussion/approval/disapproval of authorization for counsel to file an action to 

quiet title to real property which is identified in a "Gift Deed" as Pinal County 

Recorder instrument #973830, recorded on March 29, 1990, and which is the 

subject of litigation in R & R Properties LDT Partnership vs. Oracle Senior 

Citizens. (Rick ~usk); 

(19) County Manager's Report "Information Only." (Terry Doolittle); 

(20) Call to Public - 

Consideration and discussion of comments from the public. Those wishing to 

address the Pinal County Board of Supervisors need not request permission in 

advance. Action taken as a result of public comment will be limited to directing 

staff to study the matter or rescheduling the matter for further consideration and 

decision at a later date. 

The Board may go into executive session for purposes of obtaining legal advice from the 

County's attorney(s) on any of the above agenda items pursuant to A.R.S. 9 38-431.03(A)(3). 
Regular Session December 12,2007 

The Pinal County Board of Supervisors convened at 9:40 a.m. this date in the Board of Supervisors Hearing 

Room, Administration Building No. 1, Florence, Arizona. The meeting was called to order by Chairman 

Snider and followed by the Pledge of Allegiance. 

Present: Chairman David Snider; Supervisor Sandie Smith; Supervisor Lionel D. Ruiz; County Attorney, 

James Walsh; County Manager, Terry Doolittle; Chief Civil Deputy County Attorney, Chris Roll; Clerk of the 

Board, Sheri Cluff. 

Purchasina Re~ort - Awarding of Bids - Countv Purchases. 

Gary Templin, Purchasing Manager, presented the purchasing report. 

AWARDING OF BIDS & PROPOSALS: 

1. 07-1 5-1 2 - Survey/Construction Supplies - Recommend multiple awards for Survey/Construction 

Supplies to Allen Instruments & Supplies and Surveyors Service Company for a term of one (1) base 

year with four (4) one (1) year option periods based on being the most responsive and reasonable 

bidder. 

Cooperative Purchasina Aareernent Procurements under $250.000: 

PO# AMOUNT VENDOR ITEM DEPT. 

1. 191095 $65,302.96 Midway Chevrolet 2 Chevy Silverado's PW 

2. 191097 99,403.62 Midway Chevrolet 2 Chevy Tahoe's PCSO 

Motion was made by Supervisor Smith and seconded by Supervisor Ruiz to approve the purchasing report 

as presented. Motion carried by unanimous vote. 

CONSENT ITEMS: 

Chairman Snider advised that all items indicated by an asterisk (*) would be handled by a single vote as part 

of the consent agenda, unless a Board Member, Assistant County Manager, or member of the public objected 

at the time the agenda item was called. 

Chairman Snider asked if there were any requests from a Board member, staff or the audience to remove a 

consent agenda item for discussion. Item "Y" was pulled from the agenda to be re-submitted at a later date: 

('Y. Change Order No. 2 for Pavement Preservation FY '07-08 District 2. Briggs Road, Players Road 8 Shadyside Road 

Asphalt Rock Dust Palliative (ARDP) added to District 2 Pavement Preservation scope of work). 

Motion was made by Supervisor Ruiz and seconded by Supervisor Smith to approve consent items 'A" 

through 'CC" with the exception of 'Y" which was removed from the agenda: *A. Minutes of November 21 and 

28, 2007; B. Current Billings before the Board; C. Amendment No. LTC - RFQ 200424.15-03 with Pecos 

Health Care Limited Partnership dba: Archstone Care Center for Nursing Facility services; D. Amendment 

No. LTC - 200607.02-01 with William Bunch, MD for Dental Consultation services; E. Amendment No. LTC - 

RFQ 200303.33-03 with Concordia Oncology, P.C. for Specialist Physician services; F. Amendment No. LTC 

- RFQ 200424.04-03 with C.V.C.C., L.L.C. dba: Chula Vista Care Center for Nursing Facility services; G. 

Amendment No. AZ20DEP0100198 with U.S. Department of Housing and Urban Development which will 

close out the 1998 Drug Elimination Grant; H. Amendment No. AZ20DEP0100199 with U.S. Department of 

Housing and Urban Development which will close out the 1999 Drug Elimination Grant; I. Amendment No. 

AZ20DEP0100100 with U.S. Department of Housing and Urban Development which will close out the 2000 

Drug Elimination Grant; J. Amendment No. AZ20DEP0101101 with U.S. Department of Housing and Urban 

Development which will close out the 2001 Drug Elimination Grant; K. Amendment No. HO 200616.01-01 
Regular Session, continued 

December 12,2007 

Page 19 

Construction 

Mr. Loper said it is site-builUconventional housing. He said they will be happy to add that stipulation. 

County Manager, Terry Doolittle requested this be remanded back to the Planning Commission so that they 

can review the new information that has been presented and that it can be put in order prior to approval. 

Motion was made by Chairman Snider and seconded by Supervisor Ruiz to remand the tentative plat for 

Hidden Desert Estates (S-032-06) back to the Planning Commission for reconsideration. Motion carried by 

unanimous vote. 

Joint Public Hearina with the Arizona Department of Environmental Quality (DEQ), discussion and 

possible Board action on Resolution No. 121207-AQ2 -Resolution of commitment to pave or stabilize 

existina countv-owned dirt roads that support traffic loads above 150 vehicle trim per dav in the 

unincorwrated areas of Township 1 North. Ranqe 8 East (Pinal Countv portion of the Phoenix 

Planninq Area PM,, nonattainment area) bv 2009. 

Present: Assistant County Manager for Development Services, Ken Buchanan; Don Gabnelson, Director of 

Pinal County Air Quality Control appeared before the Board. Also present was Diane Arnst, Manager of the 

Planning Division, Arizona Department of Environmental Quality Air Quality Program. 

Mr. Gabrielson explained that after several years of trying the Phoenix area is still exceeding emissions so 

there is now an obligation to continue to reduce PM,, emissions by 5% per year until the problem is cured. 

Ms. Arnst reported that all of the other municipalities and Maricopa County have made similar commitments 

that total at least 276 miles of paving between now and the end of 2009. 

Chairman Snider opened the public hearing and called for comments from the public. There were none. The 

public hearing was closed. 

Motion was made by Supervisor Smith and seconded by Supervisor Ruiz to approve Resolution No. 121207- 

AQ2 - Resolution of commitment to pave or stabilize existing county-owned dirt roads that support traffic loads 

above 150 vehicle trips per day in the unincorporated areas of Township 1 North, Range 8 East (Pinal County 

portion of the Phoenix Planning Area PM,,nonattainment area) by 2009. Motion carried by unanimous vote. 

Joint Public Hearina with the Arizona De~artment of Environmental Qualitv (DEQ). discussion and 

possible Board action on Ordinance No. 121207-AQI - No bum Ordinance for Area A -a reauirement 

of Senate Bill 1552. 

Present: Assistant County Manager for Development Services, Ken Buchanan; Don Gabrielson, Director of 

Pinal County Air Quality Control appeared before the Board. Also present was Diane Arnst, Manager of the 

Planning Division, Arizona Department of Environmental Quality Air Quality Program. 

Mr. Gabrielson advised this the first of several mandates by the legislature. Ms. Arnst advised this is 

consistent with what is being required in Maricopa County. 

Chairman Snider opened the public hearing and called for comments from the public. There were none. The 

public hearing was closed. 

Motion was made by Supervisor Ruiz and seconded by Supervisor Smith to approve Ordinance No. 121207- 

AQ1 - No burn Ordinance for Area A - a requirement of Senate Bill 1552. Motion carried by unanimous vote. 

Executive Session of the Pinal Countv Board of Su~enrisors for discussion and consultation for leaal 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

(520) 866-6929 Fax: (520) 866-6967 

Pinal County SIP Submittal Pursuant to CAA 8189 

SUMMARY OF PUBLIC COMMENT(S) AND DISTRICT RESPONSE(S) 

December 20, 2007 

This relates to the public comments offered prior to the December 12, 2007, adoption of 

Ordinance No. 122107-AQ1 by the Pinal County Board of Supervisors. This constitutes a 

summary of the comments received, responses offered, and changes made prior to that approval 

by the Board. 

1. No comments were received, either prior to or at the hearing before the Board 

of Supervisors. 

Sincerely y rs, 

Donald 

dd 

P . Gabrielson 

Director and Control Officer 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

- 

(520) 866-6929 Fax: (520) 866-6967 

"SIP Submittal" Checklist Pursuant to 40 CFR Part 51, Appendix V 

December 20, 2007 

2.1 Administrative Materials 

a. Formal letter 

- See Control Officer's letter dated December 20, 2007. 

b. Evidence of adoption - 

- See Ordinance 121207-AQl; submittal package Section 4. 

c. Evidence of Authority - - See submittal package Section 3. 

d. Copy of the rule 

- See Ordinance l21207-AQl; submittal package Section 4. 

e. Evidence of conformity with procedure under state law, which notice and hearing 

requirements arise under ARS 5949-1 12 and 49-479. 

1. Copy of public notices 

- See submittal package Sections 4 and 5. 

2. Certification that hearing was held 

- See submittal package Section 7. 

f. Evidence of public notice in conformity with EPA procedures, which notice 

requirements arise under 40 CFR Subpart I. 

- See submittal package Sections 4 and 5. 

g. Evidence of public hearing in conformity with EPA procedures, which hearing 

requirements arise under 40 CFR Part 51, Subpart I 

- See submittal package Section 7. 

h. Compilation of comments 

- See Section 8. 
SIP Submittal Checklist 

December 20, 2007 

2.2 Technical support 

a. Identification of pollutants affected. 

Given that this measure addresses indoor and outdoor burning, carbon 

monoxide, PM,, and PM,., constilute the affected pollutants. 

b. Identify attainmendnonattainment areas affected. 

These measures pertain to the Pinal County portion of the Phoenix Planning 

Area PM,, nonattainment area. See 56 Fed. Reg. 111 01 (3/15/1991). Also see 

40 CFR 81.303. 

c. Quantification of emission changes 

Not applicable; based on information and belief, these measures are in addition 

to the commitments relied upon in the MAG modeling analysis showing 

attainment in the greater nonattainment area. 

d. Demonstration of protection for 

1. NAAQS 

MAG has separately modeled attainment based on an inventog covering 

the entire nonattainment area. 

2. PSD increments 

Not applicable; this measure addresses existing and possible future small 

sources of emissions that have never been quantified in precise fashion. 

However, based on information and belief any changes in emissions 

within the affected area will be relatively small. 

3. RFP demonstrations 

Not applicable; this submittal addresses the requirements of CAA 

$1 89(d). 

4. Visibility 

Not applicable; this submittal addresses the requirements of CAA 

§189(d), and visibility benefits have not been separately analyzed. 

e. Modeling information 

MAG has separately modeled attainment based on an inventog covering 

the entire nonattainment area. 

f. Showing that emission limitations are based on continuous emission reduction technology. 
SIP Submittal Checklist 

December 20, 2007 

Page 3 

By prohibiting certQin burning during the specified times, the reductions 

will inherently be continuous. 

g. Evidence that plan limitations are enforceable as a practical matter. 

The County has authority invoke civil or criminal processes to enforce 

air quality rules and ordinance adopted by the Board of Supervisors. 

See 995.c, 6.c and 7.b of the ordinance. 

h. Compliance and enforcement strategies, including explanation of how compliance 

will be determined in practice. 

The resolution itself spells out a completion schedule. 

i. Special economic and technological justifications. 

Not applicable. 
Pinal County Air Quality Control District 

P. 0. Box 987 

Florence, Arizona 85232 

- 

(520) 866-6929 Fax: (520) 866-6967 

Pinal County Ordinance 121207-A01 

SIP ENFORCEABILITY CHECKLIST 

December 20, 2007 

1. Applicability 

a. What sources are being regulated [under the proposed SIP revision]? 

Within the Pinal County portion of the Phoenix Planning Area Serious PM,, 

nonattainment area, the resolution commits Pinal County to regulate certain 

types of indoor and outdoor burning. 

b. What exemptions are provided? 

See Ordinance $5.b, mirroring in the local ordinance certain statutory 

exemptions regarding indoor wood burning. See A. R.S. §§11-871(C) and 49- 

501 (C). In addition, while Ordinance $ 7. a literally bans otherwise unregulated 

outdoor fires during a "no bum "prohibition, that limitation must be read in the 

context of the underlying authority for that provision, namely A. R.S. $11- 

871(A) only applies to residential wood burning. Notably, the statutory mandate 

of A.R.S. $49-501(G) does not apply to any portion of Pinal County. As a 

result, even during pollution advisories, this ordinance cannot be read as an 

absolute prohibition on commercial outdoor burning, such as ambience fires at 

restaurants. 

c. What are the units of compliance? 

Compliance is simply assessed by determining whether prohibited fires are being 

lit or maintained during ban periods. 

d. Is bubbling or averaging of any type allowed? 

Not applicable. 
SIP Enforceability Checklist 

December 20, 2007 

Page 2 

e. If there is a redesignation, will this change the emission limitations? 

The resolution does not provide for such a contingency. 

2. Compliance Dates 

a. What is the compliance date? 

The Ordinance was effective upon adoption, December 12, 2007. See 

Ordinance 010. 

b. What is the attainment date? 

Obviously, from Pinal County's perspective the "attainment date" only has 

relevance with respect to areas deemed non-attainment, namely that portion of 

Pinal County falling within the Phoenix Planning Area Serious PM,, 

nonattainment area, namely that portion of Arizona identified as TIN, R8E, 

Gila & Salt River Base and Meridian. 

In accordance with CAA section 179(d)(3), the attainment deadline applicable 

to an area that misses the serious area attainment date is as soon as practicable, 

but, unless extended by the EPA, no later than 5 years from the publication date 

of the nona#ainmentfinding notice. 72 Fed. Reg 31183, 31184 (6/6/2007). In 

this case, the default statutory atlainment date is 6/6/2012. 

3. Specificity of Conduct 

a. What test method is required? 

Not applicable. 

b. What is the averaging time in the compliance test method? 

Not applicable. 

4. Recordkeeping 

a. What records are required to determine compliance? 

Under the Arizona Public Records Act, Pinal County must "maintain all records 
SIP Enforceability Checklist 

December 20, 2007 

Page 3 

. . . reasonably necessary or appropriate to maintain an accurate knowledge of 

their offxial activities. " A. R.S. 839-121.01 (B). 

b. In what forms or units must records be kept? 

In a permanent and accessible form. A.R.S. 839-lOl(A). 

c. On what time basis must records be kept? 

With sufficient frequency so as to allow for an objective demonstration of 

compliance with each applicable milestone and requirement. A.R.S. 039- 

121.01(B).