California Department of Resources Recycling and Recovery (CalRecycle) 

Landfill Gas Program Plan Implementation: Request for Extension

Date: February 4, 2009

To: All Local Enforcement Agencies

Landfill Operators Submit Written Extension Requests to CIWMB

Extension requests for the implementation of landfill gas monitoring and control program plans (plans) are to be submitted to the CIWMB Permitting and Local Enforcement Agency Support Division staff point of contact for the jurisdiction in which the landfill is located. Extension requests may be submitted with a landfill gas monitoring plan or after the plan has been concurred with by the CIWMB. Requests will not be acted upon until there is an approved plan upon which the CIWMB has concurred. Determinations regarding extensions are separate from CIWMB concurrence with the enforcement agency (EA) approval of the plans.

Change in Regulations Imminent: The recent rulemaking effort to extend the regulatory deadlines for implementation of plans is nearing completion. The CIWMB submitted the final rulemaking file to the Office of Administrative Law (OAL) on January 2, 2009, for a 30 working-day review. The CIWMB also submitted a request for the revised regulations to become immediately effective upon OAL’s approval and filing. The CIWMB expects a decision from OAL on the regulations and the request for immediate effective date no later than February 18, 2009.

Justification for Extension: When approved, the revised regulations will allow the CIWMB, after consultation with the EA, to extend the date for full implementation of an approved plan if the CIWMB determines that the operator has made a good faith effort to achieve timely implementation, but has been unable to for reasons beyond the operator’s control. An operator may apply for an extension by submitting to CIWMB staff a written request with a complete justification for the extension including a proposed schedule for achieving full implementation. CIWMB staff determination as to whether the reasons are beyond the operator’s control will be on a case-by-case basis.

For purposes of illustration, following are examples of reasons that may or may not be considered as justification.

Reasons that the CIWMB staff may consider beyond the operator’s control include:

  1. Length of a public procurement process following approval of a plan. The operator would need to demonstrate that they were diligently following their procurement process, but that the bidding, review, or awarding of the contract would take more time.
  2. Operator received no bids or contractors are unavailable. The operator would need to demonstrate the lack of actual bids.

Reasons that the CIWMB staff would not likely consider beyond the operator’s control include:

  1. Failure to have an EA-approved and CIWMB-concurred Plan. This would include delays in submitting Plans or re-submitting additional information requested.
  2. Plan is too expensive to implement or the operator does not have the funds to implement the Plan.
  3. Delays in the procurement process.

As with any other decision made by CIWMB program staff, a landfill operator whose extension request is denied may ask the Program Director and Executive Director for reconsideration.

This all LEA email was sent on behalf of Waste Compliance and Mitigation Program Division Chiefs, California Integrated Waste Management Board.

Please note: Past emails and other correspondence are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Date Released: February 4, 2009
LEA Correspondence,
Melissa Hoover-Hartwick: (916) 341-6813