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I exceeds the lower explosive limit for methane (five percent) at the northern property boundary, in <br /> 2 particular Soil Gas Probes(SGP) l I and 12A; and ' <br /> 3 WHEREAS the City notified the CIWMB that LFG levels exceed the lower explosive limit <br /> 4 for methane at the facility property boundary;and <br /> 5 WHEREAS the City submitted an application to revise the Austin Road Landfill Solid <br /> 6 Waste Facility Permit to expand the permitted boundary to the north and south of the existing <br /> 7 permitted boundary; and <br /> 8 WHEREAS the City submitted a plan, dated November 26, 1997, to assess the extent of <br /> 9 methane migration along the northern perimeter by installing two new probes at the proposed <br /> 10 permitted boundary,property the City owns. <br /> 11 THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING <br /> 12 ACTIVITIES AND COMPLIANCE SCHEDULE TO ASSESS AND REMEDIATE THE <br /> 13 MIGRATION OF LFG AT THE PERMITTED PROPERTY BOUNDARY: <br /> 14 (1) Monitor SGPs I 1 A, 12A, 13 and 14 (when completed) on a monthly basis. Results of the <br /> 15 monthly monitoring shall be included with the quarterly report. f <br /> I <br /> 16 (2) If concentrations exceed the lower explosive limit for methane at the new probe locations I <br /> 17 i (SGPs 13 and 14), the City shall submit, %%ithin 30 days of detection, a schedule for <br /> i <br /> 18 expanding the existing landfill gas recovery system to the CIWMB. <br /> 19 PLEASE TAKE FURTHER NOTICE THAT if the above activities are not completed or <br /> 20 complied with by the agreed upon dates, the CIWMB may: 1) petition the superior court for <br /> 21 injunctive relief to enforce this agreement and seek civil penalties not to exceed $10,000 for each <br /> 22 day the violation occurs, pursuant to Public Resources Code (PRC) Section 45203 or 2) pursue <br /> 23 administrative civil penalties in an amount not to exceed $5,000 for each day the violation occurs, <br /> 24 pursuant to PRC 45011. In the event that the time frames for completion of the above specified <br /> 25 activities cannot be adhered to due to adverse weather or other factors not in the control of the <br /> 26 operator,then the time frames may be lengthened by the enforcement agency based upon those <br /> 27 <br /> 2. <br />