HomeMy WebLinkAbout2006-02 1111111111111 1111111 11 11111111E111E HI Ill 1111111
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OFFICIAL RECORDS '��
OF MOHAVE COUNTY
JOAN MCCALL,
COUNTY RECORDER .
7/28/06 10:57 AM Fee: $0.00
DOC TYPE: GORDI
PAID BY:MOHAVE CTY BD OF SUPERVISORS
MOHAVE COUNTY ORDINANCE NO. 2006-02
MOHAVE COUNTY DEPARTMENT OF PUBLIC HEALTH
ENVIRONMENTAL HEALTH DIVISION
AN ORDINANCE PROVIDING REQUIREMENTS FOR THOSE INDIVIDUALS
PERFORMING SITE EVALUATIONS FOR ON-SITE WASTEWATER SYSTEMS IN
MOHAVE COUNTY.
A.A.C. R18-9-A310(H)
WHEREAS,the Director of the Mohave County Department of Public Health must enforce and
observe the rules of the Director of the Arizona Department of Health Services, the Director of
the Department of Environmental Quality and the local Board of Health, Mohave County rules
and regulations concerning health, and laws of the State of Arizona pertaining to the preservation
of public health and protection of the environment,
WHEREAS,the Mohave County Environmental Health Division issued close to 3,000 on-site
wastewater system permits in Calendar Year 2005, and
WHEREAS, it is the responsibility of the Mohave County Environmental Health Division to
carry out the responsibilities outlined in the delegation agreement with the Arizona Department
of Environmental Quality.
NOW THEREFORE, the Mohave County Board of Supervisors, in support of the Director of
the Mohave County Department of Public Health, do hereby order the following be adopted
outlining who may perform site investigations in Mohave County in support of any application
for an on-site wastewater system:
SITE EVALUATOR QUALIFICATIONS
All site evaluators must possess one of the following credentials in order to perform site
evaluations within Mohave County's jurisdiction.
1. An Arizona-registered professional engineer who applies "the technical knowledge and
skill which would be applied by all other registrants who practice the same profession in
MOHAVE COUNTY ORDINANCE NO. 2006-02
2. the same area at the same time." [Quoted text here and in following item is from rule of
the Arizona Board of Technical Registration, Arizona Administrative Code, R4-30-
301(A)(7)].
3. An Arizona-registered geologist who applies "the technical knowledge and skill which
would be applied by all other registrants who practice the same profession in the same
area at the same time."
4. An Arizona-registered sanitarian with knowledge and competence in the subject area
5. A person who possesses a Bachelor's Degree and/or Master's Degree in a related subject
(i.e. geology, soils science, environmental studies, ecology, environmental science,
hydrology, geophysics, hydro-geology, sanitary engineering, sewage sanitation) AND
also possesses a current certificate of training from a course recognized by the
Department (ADEQ) as sufficiently covering the information specified in Arizona
Administrative Code, Title 18, Chapter 9, Article 3, Section A310.
APPLICATION
All documentation must be on file with the Mohave County Environmental Health Division
(MCEHD) and each site evaluator must possess a letter from MCEHD giving authorization to
perform site evaluations within Mohave County prior to any associated permit application being
approved.
Every two years, the site evaluator must renew their application for authorization with MCEHD
at which time credentials will be re-evaluated. MCEHD reserves the right to revoke authorization
at any given time. The site evaluator will be expected to keep their credentials up to date and
operate with honesty and integrity.
All applications for authorization to perform site evaluations in Mohave County should be
directed to the Environmental Health Manager's office, located at 3675 E. Hwy 66, Suite A,
Kingman, AZ 86402.
FRAUDULENT ACTIVITY
If MCEHD has reason to suspect that a site evaluator is making or is otherwise involved with
fraudulent reports, the evaluator will be notified in writing and placed upon probation for a
period of time not to exceed 6 (six) months. During the probation period the site evaluator will
be subject to monitoring by MCEHD. If, at the end of the probationary period MCEHD find
there is no grounds for revocation of authorization to perform site evaluation in Mohave County,
the probation will be lifted. Should MCEHD observe fraudulent activity occur, authorization to
perform site evaluations in Mohave County will be revoked permanently. The site evaluator is
entitled to a hearing on such revocation in accordance with the hearing rights as follows.
HEARING RIGHTS
All notifications to applicants of Final Decisions as herein defined shall, at a minimum, inform
the applicant:
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MOHAVE COUNTY ORDINANCE NO. 2006-02
a The reason for the denial or revocation and, if applicable, reference to the statute,
rule or local ordinance on which the denial or revocation is based;
b The person's right to appeal the denial or revocation to the Director of the
Department of Public Health ("Health Director");
c Any questions regarding the appeal process may be directed to the Environmental
Health Manager;
d Any appeal challenging the denial or revocation must be filed within 30 days of
notification of an adverse decision;
e Such appeal shall be in writing and shall include the basis for the challenge, the
relief requested, and, if applicable, reference to the statute, rule or local ordinance
on which the challenge is based;
f Within ten(10) business days after the Health Director receives an appeal, the
Health Director will notify the Hearing Officer of the appeal and will include
copies of the Mohave County Department of Public Health's notification of denial
or revocation and the appellant's appeal;
g The Hearing Officer shall schedule the Hearing on the appeal within ten
(10) business days of notification of the appeal by the Health Director;
h The Hearing shall be held no more than thirty (30) days after the receipt of the
appeal by the Health Director;
The Health Director shall give the appellant at least ten (10) business days notice
of the time and location at which the appeal will be heard, unless the appellant
agrees to a shorter time period.
j. The appellant has the right to request an informal settlement conference pursuant
to A.R.S. §§ 41-1092.03(A) and 41-1092.06.
After hearing evidence presented by the appellant and the Mohave County Health and Social
Services Department, the Hearing Officer shall issue a written decision within ten (10)business
days.
If the Hearing Officer grants or denies the relief requested, either the appellant or the Mohave
County Health and Social Services Department may file a complaint in the Superior Court within
thirty (30) days after the decision by the Hearing Officer.
PASSED, APPROVED AND ADOPTED ON THIS 24 DAY OF JULY, 2006.
MO VE COUNTY BOARD OF SUPERVISORS
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