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.


Or. Admin. R. 340-239-0500
DEQ 16-2021, adopt filed 10/04/2021, effective 10/4/2021

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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