LEA Advisory #55—October 29, 1998

Alternative Frequencies for Daily Cover and Explosive Gas Monitoring for Small Municipal Solid Waste Landfills

To All Local Enforcement Agencies:

This advisory provides guidance to Enforcement Agencies (EA) for implementing Title 27 emergency regulations concerning new federal Subtitle D flexibilities (Title 40, Code of Federal Regulations, Part 258), relating to municipal solid waste landfills (MSWLF). It discusses the emergency regulations and outlines the processes for EA implementation. It also outlines a process for operator application for obtaining approval for alternative frequencies under these regulations. These emergency regulations apply to MSWLFs receiving 20 tons or less of municipal solid waste per day, based on an annual average. These regulations consider alternative frequencies of application of daily cover and explosive gas monitoring. The regulations became effective October 28, 1998, and are included as an attachment to this advisory.

Title 27 Changes—Description of New MSWLF Flexibilities for Alternative Frequencies of Application of Daily Cover and Explosive Gas Monitoring

The regulations in Title 27 have been amended as noted below:

1. Section 20060 "Applicability of Federal Subtitle D Related Standards for Small Landfills" has been amended to add subsection (b) which cross-references sections 20680 and 20919.5, allowing alternative frequencies of application of daily cover and gas monitoring requirements.
2. Section 20680 "Daily Cover" has been amended to add subsection (f) that allows the EA, with concurrence by the CIWMB, to establish alternative frequencies for application of daily cover.
3. Section 20919.5 "Explosive Gases Control" has been amended to add subsection (f), which allows the EA, with concurrence by the CIWMB, to establish alternative frequencies for explosive gas monitoring.

Procedure for Implementing Alternative Frequency of Application of Daily Cover and Explosive Gas Monitoring

With these new flexibilities the EA may allow alternative frequencies of application of daily cover and explosive gas monitoring after consideration of the unique characteristics of small communities, climate and hydrogeologic conditions, and protection of human health and the environment. Following are examples of these types of considerations.

1. Unique characteristics of small communities:
   1. Alternative frequency of daily cover.
      These characteristics may include small population with a low tax base, few practical alternatives, a landfill that serves a community that experiences an interruption of surface access, small amount of waste generated, and past history of the site.
   2. Alternative frequency of explosive gas monitoring.
      Same as daily cover above.
2. Climatic and hydrogeologic conditions of the site:
   1. Alternative frequency of daily cover.
      Considerations include the distance from groundwater or surface water, gas or leachate generation, and rainfall and wind conditions.
   2. Alternative frequency of explosive gas monitoring.
      Rainfall and resulting infiltration can increase the amount of gas generated.
3. Protection of human health and the environment:
   1. Alternative frequency of daily cover.
      Considerations include the extent to which the alternative frequency of cover will control vectors, fire, odors, blowing litter, and scavenging. The EA should consider the distance of the landfill from residences, agricultural lands and other receptors.
   2. Alternative frequency of explosive gas monitoring.
      Considerations include previous detection of explosive gas and the distance of the landfill from residences, agricultural lands, and other receptors.

A sample form (Attachment B) has been developed that may be used by EAs and CIWMB to document the approval of any alternative frequencies of daily cover and/or explosive gas monitoring.

Process for Obtaining Approval of Alternative Frequencies

The following procedure may be followed in order to implement the alternative frequencies of daily cover and gas monitoring:

Operator

The operator submits a request to the EA for alternative frequency. The request should specify the current frequency, the requested frequency, and justification for the request. The request should include the landfill's most recent year's annual average tonnage.

1. The EA verifies the average tonnage (20 tons or less per day based on an annual average) and addresses:
   1. The unique characteristics of small communities.
   2. The climatic and hydrogeologic conditions of the site (CIWMB Closure, Remediation and Technical Assistance staff, other agencies, and consultants may be of help when reviewing the hydrogeologic aspects of the site).
   3. The protection of human health and the environment, which are described above.
2. The EA provides for public review and comment. Any proposal to allow an alternative frequency requires public review for a minimum of 30 days to allow affected parties the opportunity to comment. This can be achieved by noticing the proposal in the local newspaper. Many EAs use their local governing body's notice and hearing process for issues requiring public notice.
3. The EA sends a recommendation to their CIWMB Permitting and Inspection staff contact for concurrence.

CIWMB

CIWMB staff reviews EA recommendations and submits evidence of concurrence or non-concurrence back to the EA within 14 days.

A copy of the EA recommendation and CIWMB concurrence shall be placed in the operating record. If the form presented as Attachment B is used the completed and signed copy should be placed in the operating record.

Summary

Small MSWLFs that receive 20 tons or less of municipal solid waste per day, based on an annual average, may qualify for alternative frequencies in application of daily cover and explosive gas monitoring. EAs may use the above guidance in determining qualifying sites and submit recommendations to the CIWMB. CIWMB Permitting and Inspection staff will review the proposed alternatives and EA recommendation for concurrence. Documentation of the EA's considerations, public comment, and CIWMB concurrence shall be placed in the operating record.

Further questions concerning this LEA Advisory may be directed to Sadie Galos at (916) 341-6381 or Elaine Novak at (916) 341-6380.

Sincerely,

Original signed by:

Julie Nauman, Acting Deputy Director
Permitting and Enforcement Division

Attachments:

• Attachment "A": Proposed Emergency Amendments to Title 27 to incorporate Subtitle D Flexibilities (40 CFR, Part 258)
• Attachment "B": Authorization for Alternative Frequencies for Daily Cover and/or Explosive Gas Monitoring

Publication #231-98-018

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.