Section 95468 - Alternative Compliance Options(a) The owner or operator may request alternatives to the compliance measures, monitoring requirements, test methods and procedures of sections 95464, 95469, and 95471. Any alternatives requested by the owner or operator must be submitted in writing to the Executive Officer. Alternative compliance option requests may include, but are not limited to, the following: (1) Semi-continuous operation of the gas collection and control system due to insufficient landfill gas flow rates.(2) Additional time allowance for leak repairs for landfills having consistent issues related to the procurement and delivery of necessary parts to complete the repair, or adverse weather conditions that impede repair work.(3) Alternative wind speed requirements for landfills consistently having winds in excess of the limits specified in this subarticle.(4) Alternative walking patterns to address potential safety and other issues, such as: steep or slippery slopes, monitoring instrument obstructions, and physical obstructions.(5) Exclusion of construction areas and other dangerous areas from landfill surface inspection.(6) Exclusion of paved roads that do not have any cracks, pot holes, or other penetrations from landfill surface inspection.(b) Criteria that the Executive Officer may use to evaluate alternative compliance option requests include, but are not limited to: compliance history; documentation containing the landfill gas flow rate and measured methane concentrations for individual gas collection wells or components; permits; component testing and surface monitoring results; gas collection and control system operation, maintenance, and inspection records; and historical meteorological data.(c) The Executive Officer will review the requested alternatives and either approve or disapprove the alternatives within 120 days. The Executive Officer may request that additional information be submitted as part of the review of the requested alternatives. (1) If a request for an alternative compliance option is denied, the Executive Officer will provide written reasons for the denial.(2) The Executive Officer must deny the approval of any alternatives not providing equivalent levels of enforceability or methane emission control.Cal. Code Regs. Tit. 17, § 95468
1. New section filed 6-17-2010; operative 6-17-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 25). Note: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39500, 39600 and 39601, Health and Safety Code.
1. New section filed 6-17-2010; operative 6-17-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 25).