CORRESPONDENCE_1991-2001 - Laserfiche WebLink

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r 1 Michael Wochnick Permitting&Enforcement Division January 4, 2000 preserve the public health and safety(Section 40002)and to protect the environment(Section 40052). CIWMB has long interpreted its duties under the Act to include closed sites. It is clear that the environment and public health and safety may be affected by closed sites. For example, closed landfills can generate hazardous landfill gases which must be controlled, development on old landfill sites,without proper preparation,can expose humans to various health hazards. These statutes require CRVIvM to evaluate what effects closed sites may have on the public health and safety and the environment, and to implement measures to reduce those risks. The Legislature has set forth numerous provisions in the Act directed at closed landfills. Requirements for landfill closure plans(Section 43501), financial assurances for post-closure maintenance(Section 43600)and post-closure landfill gas monitoring(Section 43030)are examples of measures imposed by the Act to Wotect against environmental damage and harm to human health and safety which could arise from closed solid waste landfills:'C has adopted a wide range of regulations to implement the Act's provisions which relate to closed sites. A partial list of such regulations includes: 14 CCR 18081 -LEA duties include enforcing state minimum standards at solid waste disposal sites; 14 CCR 18082-LEA duties for closure and post-closure specified; 14 CCR 18083 -LEA inspection of closed sites and abandoned sites required; 14 CCR 18084 -LEAs to enforce closure and post-closure violations;27 CCR 20919- owners/operators to monitor and control landfill gas at disposal sites(including closed sites); 27 CCR 20920-minimum standards applicable at certain disposal sites(including certain closed sites)or where new post-closure activities may jeopardize closed sites or health, safety or the environment; and 27 CCR 21100-21200 - minimum standards for closure and post-closure maintenance at certain closed sites, including post-closure land use(27 CCR 21190). Under the Act,LEAs are given the primary responsibility for carrying out the regulation of solid wastes at the local level. This responsibility includes the inspection of closed disposal sites(Section 43214). The purpose of inspecting such closed sites is"to ensure that public health and safety and the environment are protected"(Section 45013). In addition,LEAs are to develop schedules for bringing into compliance disposal sites which violate state minimum standards and which closed after January 1, 1977(Section 44106). The Legislature has directed that CIWMB develop standards that require the owners and operators of disposal sites, including closed sites,to perform site inventories and evaluate their sites for landfill gas generation and migration,to report monitoring data and to control the release of landfill gas(Section 43030(c)). CIWNM has adopted such standards(27 CCR 20919, 20920-20937), which LEAs are responsible for implementing. The Section 20919 of Title 27 applies to the owners of disposal sites, active or closed, where the LEA,the local fire control authority, or CRVMB believe landfill gases may create a nuisance or a hazard. Sections 20921 through 20937 of Title 27 apply to active and closed disposal sites which were not fully closed in accord with applicable requirements by August 18, 1989, and to new post-closure activities at the site that may either threaten the public health or safety or the environment or that could jeopardize the integrity of a closed site(27 CCR 20920(b)) LEAs are also authorized, in connection with any action authorized by the Act,to investigate any disposal site and to obtain from the site operator(who would be the owner if solid waste handling is not then ongoing or contemplated)such nonprivileged technical and 2