Section 20921 - CIWMB-Gas Monitoring and Control (California Code of Regulations)

§ 20921. CIWMB-Gas Monitoring and Control

(a) To provide for the protection of public health and safety and the environment, the operator shall ensure that landfill gas generated at a disposal site is controlled in such a manner as to satisfy the following requirements:

(1) The concentration of methane gas must not exceed 1.25% by volume in air within any portion of any on-site structures.

(2) The concentration of methane gas migrating from the disposal site must not exceed 5% by volume in air at the disposal site permitted facility boundary or an alternative boundary approved in accordance with § 20925.

(3) Trace gases shall be controlled to prevent adverse acute and chronic exposure to toxic and/or carcinogenic compounds.

(b) The EA shall evaluate and, if it complies with the requirements of §§ 20921-20939 to the satisfaction of the EA, approve a gas monitoring and control program plan submitted by the disposal site operator. The EA shall act upon the submittal by approving, denying, or requesting additional information within 60 days of receipt of the submittal. Within 5 days from the date of approval, the EA shall submit the approved gas monitoring and control program plan to the CIWMB. The CIWMB shall evaluate and, if it complies with the requirements of §§ 20921-20939 to the satisfaction of the CIWMB, concur with a gas monitoring and control program plan submitted by the EA. The CIWMB shall act upon the submittal by concurring, denying, or requesting additional information within 60 days of receipt of the submittal; if the CIWMB does not act upon the submittal within 60 days, the submittal will be deemed to have been concurred with.

(1) New disposal sites and lateral expansions of existing disposal sites shall comply with these regulations prior to receipt of waste in the new or expanded area.

(2) Except as provided in subdivision (A) hereof, disposal sites which have received their final shipment of waste shall comply with these regulations immediately.

(A) Disposal sites for which the EA, RWQCB, and CIWMB approved a final closure plan on or before September 20, 2007 shall comply with these regulations immediately, except that § 20925(c)(1) only applies with respect to any new wells or probes that are installed or existing wells or probes that are modified and only when such wells or probes are installed or modified. The depth of these new wells and modified existing wells shall comply with § 20925(c)(1), unless an alternative depth is approved pursuant to § 20925(c)(2).

(3) Existing disposal sites which have not yet received their final shipment of waste shall comply with these regulations in accordance with the following schedule.

(A) Disposal sites which are permitted to receive greater than 20 tons of waste per operating day shall:

(i) submit gas monitoring and control program plans to the EA by September 21, 2008,

(ii) fully implement the programs described in the EA-approved and CIWMB-concurred program plans by October 18, 2009.

(iii) Notwithstanding subdivision (ii) of this paragraph (b)(3)(A), the CIWMB, after consultation with the EA, may extend the date for full implementation of an approved program at a disposal site if it determines that the operator has made a good faith effort to achieve timely implementation but has been unable to complete the implementation of the program plan by the implementation date specified in subdivision (ii) for reasons beyond its control. An operator may apply for an extension by submitting to the CIWMB a written justification for the extension and its schedule for achieving full implementation. During an extended term for full implementation as approved by the CIWMB, the EA shall not find the operator in violation of subdivision (ii) nor commence an enforcement action respecting the operator's failure to fully implement its gas monitoring and control program plan by the date specified in subdivision (ii) with respect to those aspects of the program plan for which the CIWMB has granted an extension.

(B) Disposal sites which are permitted to accept less than or equal to 20 tons of waste per operating day shall:

(i) submit gas monitoring and control program plans to the EA by September 21, 2009,

(ii) fully implement the programs described in the EA-approved and CIWMB-concurred program plans by September 21, 2010.

(iii) Notwithstanding subdivision (ii) of this paragraph (b)(3)(B), the CIWMB, after consultation with the EA, may extend the date for full implementation of an approved program at a disposal site if it determines that the operator has made a good faith effort to achieve timely implementation but has been unable to complete the implementation of the program plan by the implementation date specified in subdivision (ii) for reasons beyond its control. An operator may apply for an extension by submitting to the CIWMB a written justification for the extension and its schedule for achieving full implementation. During an extended term for full implementation as approved by the CIWMB, the EA shall not find the operator in violation of subdivision (ii) nor commence an enforcement action respecting the operator's failure to fully implement its gas monitoring and control program plan by the date specified in subdivision (ii) with respect to those aspects of the program plan for which the CIWMB has granted an extension.

(c) The gas monitoring and control program implemented pursuant to §§ 20921-20939 shall continue until the operator receives written authorization to discontinue by the EA with concurrence by the CIWMB pursuant to 40 CFR 258.61(b). Authorization to cease gas monitoring and control shall be based on a demonstration by the operator that there is no potential for gas migration beyond the disposal site permitted facility boundary or into on-site structures. The operator's demonstration of this proposal shall be supported by data collected and any necessary studies.

(d) The gas monitoring and control program required pursuant to §§ 20921-20939 shall be included in the JTD and preliminary and final closure and postclosure maintenance plans. The implementation of the gas monitoring and control program shall be described in detail in the JTD and the preliminary and final closure and postclosure maintenance plans to the satisfaction of the EA and CIWMB.

(e) The gas monitoring and control program shall be modified, during the operation and closure and postclosure maintenance periods to reflect changing on-site and adjacent land uses. Postclosure land use at the site shall not interfere with the function of gas monitoring and control systems. The operator may request a reduction of monitoring or control activities based upon the results of monitoring data collected. The request for reduction of monitoring or control activities shall be submitted in writing to the EA and CIWMB.

(f) For the purposes of this article, for disposal sites that do not have a solid waste facilities permit, the disposal site permitted facility boundary shall be as defined in the most recently approved closure and/or postclosure maintenance plan or other appropriate document (e.g., assessor's parcel map).

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment of section heading, section and Note filed 8-21-2007; operative 9-20-2007 (Register 2007, No. 34). 3. Editorial correction of subsection (b)(1) (Register 2007, No. 40). 4. Amendment of subsections (b) and (b)(2), new subsection (b)(2)(A), amendment of subsection (b)(3)(A), new subsections (b)(3)(A)(i)-(iii), amendment of subsection (b)(3)(B) and new subsections (b)(3)(B)(i)-(iii) filed 2-18-2009; operative 2-18-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 8).)

Note: Authority cited: Sections 40502 and 45020, Public Resources Code. Reference: Sections 43021 and 43103, Public Resources Code.

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