California Department of Resources Recycling and Recovery (CalRecycle) 

Regulation Implementation Guidance for LEAs

Rescinded--Landfill Gas Monitoring and Control Plan Regulatory Gap Enforcement Guidance

This guidance is no longer in effect as regulations were approved on February 18, 2009 that supercede the guidance in this document.

On August 19, 2008, the California Department of Resources Recycling and Recovery (CalRecycle) directed staff to revise the Gas Monitoring and Control at Active and Closed Disposal Sites regulations (Title 27, California Code of Regulations (27 CCR), Chapter 3, Subchapter 4, Article 6) to extend the deadline for compliance with 27 CCR 20921, Gas Monitoring and Control. We anticipate the revised regulations will become effective in approximately 5 months. This creates a gap period in which existing regulations remain in place until the effective date of revised regulations. To assist LEAs in their enforcement of the existing regulations during this gap period until the new regulations take effect, Board staff recommends that LEAs consider the following guidance. However, please note that this guidance is not mandatory. LEAs retain their ability to enforce Board regulations within their jurisdiction.

The proposed regulations will keep the requirement to submit Gas Monitoring and Control Program Plans (Plans) for landfills over 20 tons per day to the EA by September 21, 2008. However, operators will not have to fully implement the plans, as approved by the EA and concurred with by the CIWMB, until eight months after the effective date of the proposed regulations or September 21, 2009, whichever is later. CalRecycle directed staff to make other minor changes that include adding the ability for the operator to request an extension for the implementation date. Starting August 29, 2008, these changes can be viewed on the CIWMB website's Rulemaking page.

In light of the proposed regulations, the CIWMB directed staff acting as the enforcement agency (EA), to enforce the existing requirements of 27 CCR 20921 as follows, and recommends that LEAs also enforce this way:

  1. If the operator submitted a plan on or before September 21, 2008, but has not by that date fully implemented the plan approved by the LEA and concurred in by the CIWMB, the inspector should note an "area of concern” on monthly inspection reports with regard to compliance with 27 CCR 20921, Gas Monitoring and Control during the gap period between September 21, 2008 and the effective date of the proposed regulations. An “area of concern” would also be appropriate if the plan has been submitted on or before September 21, 2008 and the LEA/CIWMB has returned the plan to request sufficient information.
  2. If the operator does not submit plans on or before September 21, 2008 to the EA, the inspector should note a violation on their monthly inspection report until a plan is submitted.
  3. After the effective date of revised regulations, if operators have not fully implemented the EA approved and CIWMB concurred plan by the new deadline set in regulations, or by an extended deadline approved by CIWMB, the inspector should note a violation on their monthly inspection reports and should take appropriate enforcement action according to the EA’s Enforcement Program Plan (EPP).

CIWMB staff encourages LEAs to take the same inspection and enforcement approach as the CIWMB is taking as EA in order to preserve consistent enforcement throughout the State. Staff believe this is important since both LEAs and the CIWMB have a role in reviewing the plans.

Until the new regulations become effective, CIWMB staff recommends LEAs act upon a plan submittal by approving, denying, or requesting additional information within 60 days of receipt of the submittal. Additionally, staff recommends that LEAs submit all plans to the CIWMB for concurrent review to expedite the review process and to be in alignment with the proposed regulatory requirements.

Question 1. How should an inspector handle a case where the operator submitted a plan by September 21, 2008 and did not receive LEA approval and/or CIWMB concurrence, but installed the probes and implemented the plan?

Answer 1. This situation should be handled in the same fashion as number 1 above. If the operator has a plan submitted to the LEA by September 21, 2008, but has not fully implemented the LEA and CIWMB-approved plan by that date, the inspector should cite an “area of concern” for 27 CCR 20921, Gas Monitoring and Control. The LEA should note that the operator will have to fully implement the plan that is approved and concurred in by the CIWMB, which may include re-drilling wells or drilling additional wells. LEAs should encourage operators to focus on getting plans approved before implementing them.

Question 2. How will this affect the LEA's next LEA evaluation results?

Answer 2. Following the above described guidance will not have a negative effect on an LEA’s next evaluation.

Question 3. Should the LEA implement their EPP (i.e., issue a notice and order or compliance schedule) if the operator fails to correct the violations as described above?

Answer 3. Yes, if the operator fails to comply after receiving violations, the LEA should implement their EPP and, as described in their EPP, take the appropriate level of enforcement. CalRecycle will follow the inventory process as prescribed in Title 14, California Code of Regulations for any consecutive violations the LEA cites.

Landfill Gas Home | Regulation Implementation for LEAs

Last updated: May 19, 2009
Landfill Gas, http://www.calrecycle.ca.gov/SWFacilities/Landfills/Gas/
Gino Yekta: Gino.Yekta@calrecycle.ca.gov (916) 341-6354