Or. Admin. R. 340-239-0500 - Alternative Compliance Options
(1)
The owner or operator of a landfill may request alternatives to the compliance
measures, monitoring requirements, test methods and procedures of OAR
340-239-0110, 340-239-0600, and 340-239-0800. Any alternatives requested by the
owner or operator of a landfill must be submitted in writing to DEQ and receive
written approval from DEQ before they may be implemented. Alternative
compliance option requests may include, but are not limited to, the following:
(a) Semi-continuous (batch) operation of the
gas collection and control system due to insufficient landfill gas flow
rates;
(b) Alternative wind speed
requirements for landfills consistently having winds in excess of the limits
specified in this division;
(c)
Alternative walking patterns to address potential safety and other issues, such
as: steep or slippery slopes, monitoring instrument obstructions, and physical
obstructions;
(d) Exclusion of
construction areas and other dangerous areas from landfill surface inspection;
and
(e) Exclusion of paved roads
that do not have any cracks, pot holes, or other penetrations from landfill
surface inspection.
(2)
The owner or operator of a landfill seeking to use an alternative compliance
option pursuant to this rule must provide information satisfactory to DEQ
demonstrating that:
(a) Off-site migration of
landfill gas is being, and will be, effectively controlled; and
(b) The proposed alternatives provide an
equivalent level of methane emission control, as compared with the methane
controls that would have been required of the owner or operator of the landfill
under OAR 340-239-0110, 340-239-0600 and 340-239-0800, as applicable. DEQ may
not approve use of an alternative compliance option unless it determines the
proposed alternative will provide an equivalent level of methane emission
control and effectively control off-site migration of landfill gas.
Notes
Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050
Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050
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