The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 may cap, remove, or decommission the collection and control system if the following criteria are met:
(1) The landfill is a closed landfill and a closure report for an existing municipal solid waste landfill has been submitted to the Secretary;(2) The collection and control system has been in operation a minimum of 15 years or the owner or operator demonstrates the collection and control system will be unable to operate for 15 years due to declining gas flow;(3) Following the procedures specified in § 74:36:07:143, the calculated nonmethane organic compound emission rate at the landfill is less than 34 megagrams per year on three successive test dates. The test dates shall be no less than 90 days apart and no more than 180 days apart; and(4) For a closed landfill subcategory, following the procedures specified in § 74:36:07:143, the calculated nonmethane organic compound emission rate at the landfill is less than 50 megagrams per year on three successive test dates. The test dates shall be no less than 90 days apart and no more than 180 days apart.S.D. Admin. R. 74:36:07:144
46 SDR 064, effective 11/25/2019General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.