Landfill operators who have made a good faith effort to implement approved landfill gas monitoring and control program plans, but have been unable to do so for reasons beyond the their control, may submit written extension requests to Board staff for consideration on a case-by-case basis.
Submission of Requests
An operator may apply for an extension by submitting a written request with a detailed justification for the extension as described in regulation [Title 27, California Code of Regulation Section 20921(b)(3)(B)(iii)], including a proposed schedule for achieving full implementation, to the Board's Permitting and Local Enforcement Agency Support Division staff point of contact mailing address: 1001 I Street, PO Box 4025, Sacramento, CA 95812. Extension requests may be submitted with a landfill gas monitoring plan or after the plan has received Board concurrence.
Requests will not be acted upon until there is an enforcement agency-approved plan that has Board concurrence. Determinations regarding extensions are separate from Board concurrence with the enforcement agency approval of the plans.
Justification for Extension
The Board will consider extending the date beyond October 18, 2009, for full implementation of an approved plan—after consultation with the enforcement agency—if it is determined that the operator has made a good faith effort to achieve timely implementation, but has been unable to do so for reasons beyond the operator’s control. Board staff determination of that finding will be on a case-by-case basis.
Here are some examples of reasons that may or may not be considered as justification.
Reasons that Board staff may consider beyond the operator’s control include:
- 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 will take more time.
- Operator received no bids or contractors are unavailable. The operator would need to demonstrate the lack of actual bids.
Reasons that Board staff would not likely consider beyond the operator’s control include:
- Failure to have an enforcement agency-approved and Board-concurred plan.
- Plan is too expensive to implement or the operator does not have the funds to implement.
As with any other decision made by the Board’s program staff, a landfill operator whose extension request is denied may submit a written request asking for reconsideration by the Program Director and Executive Director.