Wash. Admin. Code § 173-408-130 - Alternative compliance measures
(1) The owner or operator of a MSW landfill,
or third-party owner or operator, may request alternatives to the compliance
measures, monitoring requirements, and test methods and procedures set forth in
WAC 173-408-080,
173-408-110, and
173-408-120. Any alternatives
requested by the owner or operator must be submitted in writing to the
department.
(2) The criteria that
the department may use to evaluate alternative compliance measure requests
include, but are not limited to:
(a)
Compliance history;
(b)
Documentation containing the landfill gas flow rate and measured methane
concentrations for individual gas collection wells or components;
(c) Permits;
(d) Component testing and surface monitoring
results;
(e) Gas collection and
control system operation, maintenance, and inspection records;
(f) Historical meteorological data;
(g) Consistency with EPA-approved test
methods and procedures; and
(h)
Recommendation of the local authority, if applicable.
(3) The department will review the requested
alternatives and either approve or disapprove the alternatives within 120 days
of receipt of a complete request.
(a) The
department may request that additional information be submitted as part of the
review of the requested alternatives, including additional information
requested by a local authority for purposes of providing a recommendation for
the department's consideration under subsection (2)(h) of this section. Until
the requested information is submitted, the request will be determined as
incomplete, and no department actions will be taken to approve or deny the
request.
(b) If the department
denies a request for an alternative compliance option, the department will
provide written reasons for the denial.
(c) The department must deny a request for
alternative compliance measures if the request does not provide levels of
performance, enfor-ceability, or methane emissions control that are equivalent
to those set forth in this chapter.
Notes
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