1. (a) Active MSW Landfills Less Than 450,000 Tons of Waste-in-Place: Each owner or operator of an active MSW landfill having less than 450,000 tons of waste-in-place must submit a Waste-in-Place Report to the Executive Officer pursuant to section 95470(b)(4), within 90 days of the effective date of this subarticle.

   1. (1) The Waste-in-Place report must be prepared for the period of January 1 through December 31 of each year. The report must be submitted to the Executive Officer by March 15 of the following year.

   2. (2) The Waste-in-Place report must be submitted annually until either:

      1. (A) The MSW landfill reaches a size greater than or equal to 450,000 tons of waste-in-place; or
      2. (B) The owner or operator submits a Closure Notification pursuant to section 95470(b)(1).

2. (b) MSW Landfills Greater Than or Equal to 450,000 Tons of Waste-in-Place: Within 90 days of the effective date of this subarticle or upon reaching 450,000 tons of waste-in-place, each owner or operator of an MSW landfill having greater than or equal to 450,000 tons of waste-in-place must calculate the landfill gas heat input capacity pursuant to section 95471(b) and must submit a Landfill Gas Heat Input Capacity Report to the Executive Officer.

   1. (1) If the calculated landfill gas heat input capacity is less than 3.0 million British thermal units per hour (MMBtu/hr) recovered, the owner or operator must:

      1. (A) Recalculate the landfill gas heat input capacity annually using the procedures specified in section 95471(b).

      2. (B) Submit an annual Landfill Gas Heat Input Capacity Report to the Executive Officer until either of the following conditions is met:

         1. 1. The calculated landfill gas heat input capacity is greater than or equal to 3.0 MMBtu/hr recovered, or
         2. 2. If the MSW landfill is active, the owner or operator submits a Closure Notification pursuant to section 95470(b)(1). Submitting the Closure Notification fulfills the requirements of this subarticle. If the MSW landfill is closed or inactive, submittal of the Closure Notification is not required to fulfill the requirements of the subarticle.

   2. (2) If the landfill gas heat input capacity is greater than or equal to 3.0 MMBtu/hr recovered the owner or operator must either:

      1. (A) Comply with the requirements of sections 95464 through 95476, or

      2. (B) Demonstrate to the satisfaction of the Executive Officer that after four consecutive quarterly monitoring periods there is no measured concentration of methane of 200 parts per million by volume (ppmv) or greater using the instantaneous surface monitoring procedures specified in sections 95471(c)(1) and 95471(c)(2). Based on the monitoring results, the owner or operator must do one of the following:

         1. 1. If there is any measured concentration of methane of 200 ppmv or greater from the surface of an active, inactive, or closed MSW landfill, comply with sections 95464 through 95476;
         2. 2. If there is no measured concentration of methane of 200 ppmv or greater from the surface of an active MSW landfill, comply with section 95463(b) and recalculate the landfill gas heat input capacity annually as required in section 95463(b) until such time the owner or operator submits a Closure Notification pursuant to section 95470(b)(1); or

         3. 3. If there is no measured concentration of methane of 200 ppmv or greater from the surface of a closed or inactive MSW landfill, the requirements of sections 95464 through 95470 no longer apply provided that the following information is submitted to and approved by the Executive Officer within 90 days:

            1. a. A Waste-in-Place Report pursuant to section 95470(b)(4); and
            2. b. All instantaneous surface monitoring records.

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.

History

1. New section filed 6-17-2010; operative 6-17-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 25).