Landfill operators may request CalRecycle's Director or his/her designee reconsider a decision by staff to reject, in whole or in part, a landfill gas monitoring and control program plan proposed by the operator. The dispute resolution process outlined below provides guidance for CalRecycle staff and landfill operators when a dispute occurs.
Initial Consideration of Landfill Gas Monitoring and Control Program Plan (LFG Plan)
CalRecycle staff considers the LFG plan proposed by operator, approved by local enforcement agency, and determines to concur with it or reject it (“decision”) or to request additional information necessary for staff to make its final decision (“information request”).
A Decision shall specify which parts of the
LFG Plan are acceptable, which parts of the
plan are rejected, and staff’s basis for each rejection.
An Information Request shall specify what additional information is needed and why the information is needed; and state that the information request shall constitute staff’s rejection of the proposed LFG Plan if staff does not receive all information requested by a specified date (date depends on the type and amount of information requested).
CalRecycle staff delivers the decision or information request via email and certified mail to operator. The date of certified mailing is the “delivery date.”
Operator Request for Dispute Resolution
Within 15 days from the delivery date, the operator may request that CalRecycle's Director or his/her designee reconsider staff’s decision (“request for dispute resolution”). The request for dispute resolution shall be written and signed by the operator. It must be emailed and mailed via certified mail to CalRecycle's Director or his/her designee at the following address:
California Department of Resources Recycling and Recovery
801 K Street, MS 19-01
Sacramento, CA 95814
The request for dispute resolution should be received by CalRecycle's Director or his/her designee with a certified mail date not later than 15 days from the original delivery date of the decision.
The Request for Dispute Resolution must contain the following components:
Specify what parts of the decision the operator is disputing and its basis for each.
Be based on the operator’s plan and supporting documents that the operator has provided to staff. Other supporting documentation or justification not already provided to staff will not be considered by CalRecycle's Director or his/her designee.
CalRecycle Director or his/her Designee's Final Action
CalRecycle's Director or his/her designee, will consider and act on the request for dispute resolution and will notify the operator filing the request in writing within 45 days from receipt (“final action”). He will apply the process on a case-by-case basis and may vary the application of the process as he sees fit.
The final action will specify in writing CalRecycle's Director or his/her designee decision on each matter disputed by the operator in its request for dispute resolution and the basis for each decision. The final action may:
Deny the plan as proposed by the operator; or
Concur with the LEA’s approval of the plan as proposed by the operator.
Note: The timelines indicated are advisory only and are included in an attempt to ensure that the process occurs as expeditiously as possible. CalRecycle's Director or his/her designee may take longer to render a decision if he determines additional time is necessary. No request will be rejected simply because it is sent later than the dates set out above. This process does not create any rights or obligations for any operator, CalRecycle or any other person.