The parallel review process is optional but is encouraged. This review process is designed to provide LEAs with technical support during their review and approval of Landfill Gas Program Plans (Plans). CIWMB will continue to review Plans approved by LEAs in support of its concurrence responsibility. The parallel process is intended to work in a fashion similar to the review of draft documents by LEAs and Board staff for permit application packages.
Currently, regulations do not specify a timeline for LEA review. Once the revised regulations are approved, LEAs will have 60 days to complete review of submitted Plans. Requests to the CIWMB for parallel review should allow adequate time for CIWMB review and response to the LEA consistent with a 60 day deadline.
The suggested parallel review process works as follows:
- The operator submits a Plan to the LEA. The operator may request a CIWMB parallel review at the time of submittal to the LEA. The LEA may accept or reject the operator’s request or make its own request for a parallel review. The operator should not submit a Plan directly to the CIWMB. Plans received by the LEA will go through a completeness review before a copy is forwarded to the CIWMB. The operator can provide multiple copies of the Plan to the LEA to help reduce delays.
- If the LEA’s initial review finds that the Plan does not have all the elements required by the regulations, it should provide specific guidance to the operator on what additional information is needed to complete any missing element(s). LEAs are encouraged to use the “Plan Element Guidance Checklist” below when conducting reviews for the required elements. A Plan should not be sent to CIWMB for parallel review until the LEA is satisfied that all the elements are included.
- LEAs can request assistance from CIWMB through the PLEAS Division point of contact, if necessary, for help in the review for the required elements. CIWMB staff will utilize the “Plan Element Guidance Checklist” when assisting an LEA in an initial review. CIWMB staff will provide LEAs, with a cc to the operator, written comments on Plan element requirements.
- Once the LEA is satisfied that all the elements are present in the Plan, the LEA can forward the Plan to the PLEAS Division jurisdictional point of contact to begin the parallel review.
- The Plan can be sent to the CIWMB electronically and/or via US mail. The transmittal should clearly indicate that the LEA is asking for a parallel review and indicate a reasonable date when the LEA would like to receive CIWMB staff comments.
- PLEAS staff will quickly review the submitted Plan to insure all the elements are present. If the Plans are found not to include the elements required in the regulations, PLEAS staff will provide written comments back to the LEA indicating what elements are missing. When the Plan has all the elements and is resubmitted, PLEAS staff will forward the Plan to a CIWMB staff engineer or staff engineering geologist (Technical staff) for review. (See “Landfill Gas Monitoring Program Plan Review Approach” available on or after 9/12/08.)
- Technical staff will review the Plans within the requested LEA timelines, if possible. Technical staff will be in close contact with LEAs throughout the review process. The Technical staff review results will be transmitted back through the PLEAS staff contact.
- CIWMB PLEAS staff will send a cover letter and a full set of comments on the Plan back to the LEA with a cc to the operator.
- If the LEA denies the operator’s Plan or requires additional information be provided by the operator, it is suggested that the LEA incorporate CIWMB comments, as the LEA deems appropriate, in its formal response to the operator.
- If the Plan goes through multiple revisions prior to LEA plan approval, these revisions can also be reviewed at the same time by the CIWMB. The same procedure would be followed when requesting parallel review of a revised Plan.
- Upon LEA approval of a Plan, the Plan should be sent to the PLEAS Division point of contact for the jurisdiction with a request that the CIWMB concur with the LEA’s approval. This initiates CIWMB’s formal concurrence process.
- CIWMB has 60 days to act on LEA’s request by either concurring with the approval of the Plan, by not concurring on the approval of the Plan, or by requesting additional information before deciding on whether to concur or not to concur. For Plans that have gone through a parallel review, the CIWMB’s review should consist of verifying that the approved Plan reflects the version reviewed by staff, addressing any comments made by CIWMB staff and consistency with regulatory requirements. (See “Landfill Gas Monitoring Program Plan Review Approach” available on or after 9/12/08.)
Plan Element Guidance Checklist
Prior to forwarding a Plan to CIWMB with a request for a parallel review, the LEA should review the Plan to determine if all of the required Plan elements are included in the submittal. This checklist is designed to aid LEAs in making a determination and is similar to one utilized by CIWMB to assist them in their review.
If alternatives to the prescriptive standards are being requested, there needs to be documentation included that supports the request.
Are the following included and/or described in the Plan?
- Designed by registered engineer or certified engineering geologist (signed and stamped) [20923(a)(1)]
- Wells identified that are around the outside of the waste foot print (not in the waste) [20925(a)(1)]
- Wells identified (at or near the permitted boundary or an alternative) [20925 (a)(2)]
- Spacing of wells (1,000 feet of each other or an alternative) [20925 (b)(1)]
- Information provided to support alternative location or spacing request
- All well depths indicated (drilled to level at least equal to deepest level of waste or an alternative) [20925 (c)(1)]
- Depth of shallow probes indicated (5 to 10 feet from the surface or an alternative) [20925 (c)(1)(A)]
- Depth of intermediate probes indicated (at or within 5 feet of half the depth of the waste, [if waste depth is less than 30 feet only need a shallow and deep probes] or an alternative) [20925 (c)(1)(B)]
- Depth of deep probes indicated (at or with 5 feet of the deepest waste level or an alternative) [20925 (c)(1)(C)]
- All probes are above low seasonal water table or an alternative [20925 (c)(1)(E)]
- Information provide to support an alternative to well or probe depth requested [20925 (c)(2)]