(a) For purposes of this subarticle, the following definitions apply: (1) "Active MSW Landfill" means a MSW landfill that is accepting solid waste for disposal.(2) "Component Leak" means the concentration of methane measured one half of an inch or less from a component source that exceeds 500 parts per million by volume (ppmv), other than non-repeatable, momentary readings. Measurements from any vault must be taken within 3 inches above the surface of the vault exposed to the atmosphere.(3) "Component" means any equipment that is part of the gas collection and control system and that contains landfill gas including, but not limited to, wells, pipes, flanges, fittings, valves, flame arrestors, knock-out drums, sampling ports, blowers, compressors, or connectors.(4) "Construction and Demolition Wastes" means waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.(5) "Continuous Operation" means that the gas collection and control system is operated continuously, the existing gas collection wells are operating under vacuum while maintaining landfill gas flow, and the collected landfill gas is processed by a gas control system 24 hours per day.(6) "Closed MSW Landfill" means that a MSW landfill is no longer accepting solid waste for disposal and has documentation that the closure was conducted in accordance with the applicable statutes, regulations, and local ordinances in effect at the time of closure.(7) "District" means any air quality management district or air pollution control district in the State of California.(8) "Destruction Efficiency" means a measure of the ability of a gas control device to combust, transform, or otherwise prevent emissions of methane from entering the atmosphere.(9) "Enclosed Combustor" means an enclosed flare, steam generating boiler, internal combustion engine, or gas turbine.(10) "Energy Recovery Device" means any combustion device that uses landfill gas to recover energy in the form of steam or electricity, including, but not limited to, gas turbines, internal combustion engines, boilers, and boiler-to-steam turbine systems.(11) "Exceedance" means the concentration of methane measured within 3 inches above the landfill surface that exceeds 500 ppmv, other than non-repeatable, momentary readings, as determined by instantaneous surface emissions monitoring; or the average methane concentration measurements that exceed 25 ppmv, as determined by integrated surface emissions monitoring.(12) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate.(13) "Facility Boundary" means the boundary surrounding the entire area on which MSW landfill activities occur and are permitted.(14) "Gas Control Device" means any device used to dispose of or treat collected landfill gas, including, but not limited to, enclosed flares, internal combustion engines, boilers and boiler-to-steam turbine systems, fuel cells, and gas turbines.(15) "Gas Collection System" means any system that employs various gas collection wells and connected piping, and mechanical blowers, fans, pumps, or compressors to create a pressure gradient and actively extract landfill gas.(16) "Gas Control System" means any system that disposes of or treats collected landfill gas by one or more of the following means: combustion, gas treatment for subsequent sale, or sale for processing offsite, including for transportation fuel and injection into the natural gas pipeline.(17) "Inactive MSW Landfill" means a MSW landfill that is no longer accepting solid waste for disposal, or can document that the landfill is no longer receiving solid waste.(18) "Inert Waste" means any material meeting the definition of "Inert Waste" as defined in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 3, Subchapter 2, Article 2, Section 20230(a) (effective July 18, 1997).(19) "Landfill Gas" means any untreated, raw gas derived through a natural process from the decomposition of organic waste deposited in a MSW landfill, from the evolution of volatile species in the waste, or from chemical reactions of substances in the waste.(20) "Landfill Surface" means the area of the landfill under which decomposable solid waste has been placed, excluding the working face.(21) "Municipal Solid Waste Landfill" or "MSW Landfill" means an entire disposal facility in a contiguous geographical space where solid waste is placed in or on land.(22) "Non-decomposable Solid Waste" means materials that do not degrade biologically to form landfill gas. Examples include, but are not limited to, earth, rock, concrete asphalt paving fragments, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, ceramics, clay products, inert slag, asbestos-containing waste, and demolition materials containing minor amounts (less than 10 percent by volume) of wood and metals. Materials that do not meet this definition are considered decomposable solid waste.(23) "Non-repeatable, Momentary Readings" means indications of the presence of methane, which persist for less than five seconds and do not recur when the sampling probe of a portable gas detector is placed in the same location.(24) "Operator" means any person or entity, including but not limited to any government entity, corporation, partnership, trustee, other legal entity, or individual that:(A) Operates the MSW landfill;(B) Is responsible for complying with any federal, state, or local requirements relating to methane emissions from real property used for MSW landfill purposes and subject to this subarticle;(C) Operates any stationary equipment for the collection of landfill gas;(D) Purchases landfill gas from an owner or operator of a MSW landfill and operates any stationary equipment for the treatment of landfill gas; or(E) Purchases untreated landfill gas from an owner or operator of a MSW landfill and operates any stationary equipment for the combustion of landfill gas.(25) "Owner" means any person or entity, including but not limited to any government entity, corporation, partnership, trustee, other legal entity, or individual that: (A) Holds title to the real property on which the MSW landfill is located, including but not limited to title held by joint tenancy, tenancy in common, community property, life estate, estate for years, lease, sublease, or assignment, except title held solely as security for a debt such as mortgage;(B) Is responsible for complying with any federal, state, or local requirements relating to methane emissions from real property used for MSW landfill purposes and subject to this subarticle.(C) Owns any stationary equipment for the collection of landfill gas;(D) Purchases the landfill gas from an owner or operator of a MSW landfill and owns any stationary equipment for the treatment of landfill gas; or(E) Purchases untreated landfill gas from an owner or operator of a MSW landfill and owns any stationary equipment for the combustion of landfill gas.(26) "Perimeter" means along the MSW landfill's permitted facility boundary.(27) "Professional Engineer" means an engineer holding a valid certificate issued by the State of California Board of Registration for Professional Engineers and Land Surveyors or an engineer holding a valid certificate issued by a state offering reciprocity with California.(28) "Solid Waste" means all decomposable and non-decomposable solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial waste, manure, vegetable or animal solid and semisolid wastes, sludge, and other discarded solid and semisolid wastes. Solid waste also includes any material meeting the definition of Solid Waste in 40 CFR § 60.751 (as last amended 64 Fed.Reg 9262, Feb 24, 1999) as incorporated by reference herein.(29) "Subsurface Gas Migration" means underground landfill gases that are detected at any point on the perimeter pursuant to California Code of Regulations title 27, section 20921.(30) "Waste-in-Place" means the total amount of solid waste placed in the MSW landfill estimated in tons. The refuse density is assumed to be 1,300 pounds per cubic yard and the decomposable fraction is assumed to be 70 percent by weight.(31) "Well Raising" means a MSW landfill activity where an existing gas collection well is temporarily disconnected from a vacuum source, and the non-perforated pipe attached to the well is extended vertically to allow the addition of a new layer of solid waste or the final cover; or is extended horizontally to allow the horizontal extension of an existing layer of solid waste or cover material. The extended pipe (well extension) is then re-connected in order to continue collecting gas from that well.(32) "Working Face" means the open area where solid waste is deposited daily and compacted with landfill equipment.Cal. Code Regs. Tit. 17, § 95475
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).