Common use of Requested Flexibility Clause in Contracts

Requested Flexibility. This section is primarily intended to describe federal flexibility needed for this XL project. It does also discuss State and local flexibility believed to be necessary to authorize this project. To the extent such action is necessary and appropriate, it will be provided as part of this project and subject to public notice and comment. In general, Yolo County proposes to be able to undertake a proposed bioreactor landfill project that falls within the limitations established in the XL agreement. Yolo County is requesting specific flexibility under the current state and/or federal regulations requirements for liquid addition as described below. Yolo County is requesting that U.S. EPA grant site-specific regulatory flexibility from the prohibition in 40 CFR 258.28 Liquid Restrictions, which may preclude addition of useful bulk or non-containerized liquid amendments. The County is proposing to supplement the liquid addition with ground water, but would like to obtain the flexibility to possibly utilize other liquids such as xxxx xxxxxx from waste water treatment plant, septic waste, gray water, and food-processing wastes that is currently land applied. Liquidwastes such as these normally have no beneficial use, may instead beneficially enhance the biodegradation of solid waste in a landfill for this project. Yolo County also requests similar flexibility on liquid amendments from California and local regulatory entities. Several sections of the California Code of Regulations (CCR), Title 27, Environmental Protection, address the recirculation of liquids in lined municipal waste landfills. While the regulations do not specifically endorse bioreactors like the regulations in the State of Washington, regulatory flexibility is provided. This portion of the agreement will describe specific regulations in Title 27 regarding recirculation. Title 27, Chapter 3, Subchapter 2, Article 2, Section 20200, Part (d)(3),Management of liquids at Landfills and Waste Piles states the following: The above regulation specifically allows the Regional Water Quality Control Board, Central Valley Region (RWQCB) the ability to grant an exception regarding the discharge of liquids into a Class III landfill providing the moisture holding capacity is not exceeded. The previous demonstration project at the Yolo County Central Landfill provided a working demonstration as to the feasibility of the proposed bioreactor project. Through monitoring, instrumentation, and testing, it was demonstrated that liquid could be added in such a way that the holding capacity of the refuse is not exceeded. The same equipment and procedures will be utilized for the Module D bioreactor. Specific sections of this agreement details regarding the method of liquid recirculation. It should be noted that the preceding Part in the regulations (Section 20200, Part (d)(2) addresses the discharge of waste containing free liquids and does not apply to this application. The County is not proposing to discharge wastes containing free liquids, but is instead proposing to add liquids or semi- solid waste to the refuse already in-place. While the regulations state that wastes containing free liquids must be discharged to a Class II waste pile, the addition of liquids to existing waste in a Class III landfill is allowed by the regulations if an exception is granted by the RWQCB. Title 27, Chapter 3, Subchapter 2, Article 4, Section 20340, Part (g)(1,2,3), Leachate Collection and Removal Systems states the following:

Requested Flexibility. This section is primarily intended to describe the federal and state regulatory flexibility needed for this XL project. It does also discuss State and local flexibility believed to be necessary to authorize this project. To the extent such action is necessary and appropriate, it will be provided as part of this project and subject to public notice and comment. In general, Yolo the County proposes to be able to undertake a proposed bioreactor landfill project that falls within the limitations established in the this XL agreement. Yolo The County is requesting specific flexibility under the current state and/or federal regulations requirements for liquid addition as described below. Yolo Additionally, the County has agreed to request, and have incorporated, certain changes in its Title V air permit applicable to the Facility. As described in Section II, the addition of bulk liquids over a portion of Subcell 8-4 is expected to enhance the biological degradation of waste in the landfill. As part of the proposal, the County is requesting that U.S. EPA the USEPA grant site-specific regulatory flexibility from the prohibition requirement of the RCRA that restricts application of bulk liquids in MSW landfills presented in 40 CFR 258.28 Liquid Restrictions258.28(a), which may preclude provides as follows. " It permits the addition of useful bulk leachate or gas condensate, provided the landfill unit is designed with a composite liner and leachate collection system as described in 40 C.F.R. § 258.40(a)(2). " It prohibits the placement of liquid wastes other than leachate, gas condensate, and non-containerized liquid amendmentsseptic household waste in any MSW landfill. The County is proposing to supplement " It permits the liquid addition of septic waste Since the liner with ground waterwhich the Facility was constructed meets the performance, but would like to obtain the flexibility to possibly utilize other liquids such as xxxx xxxxxx from waste water treatment plantnot design, septic waste, gray water, and food-processing wastes that is currently land applied. Liquidwastes such as these normally have no beneficial use, may instead beneficially enhance the biodegradation of solid waste standard set forth in a landfill for this project. Yolo County also requests similar flexibility on liquid amendments from California and local regulatory entities. Several sections of the California Code of Regulations (CCRC.F.R. § 258.40(a)(2), Title 27, Environmental Protection, address the recirculation of liquids in lined municipal waste landfills. While the regulations do not specifically endorse bioreactors like the regulations in the State of Washington, regulatory flexibility is providedneeded to allow recirculation of leachate over it. This portion Additionally, RCRA prohibits the placement of liquid waste other than leachate/gas condensate and non septic household waste in any MSW landfill. Therefore the County needs regulatory change in order to add storm water to Subcell 8-4 of the agreement will describe specific regulations Facility. Regarding LFG, a LFG collection system is already in Title 27 regarding recirculation. Title 27, Chapter 3, Subchapter 2, Article 2, Section 20200, Part (d)(3),Management of liquids operation at Landfills and Waste Piles states the following: The above regulation specifically allows the Regional Water Quality Control Board, Central Valley Region (RWQCB) the ability to grant an exception regarding the discharge of liquids into a Class III landfill providing the moisture holding capacity is not exceeded. The previous demonstration project at the Yolo County Central Landfill provided a working demonstration as to the feasibility of the proposed bioreactor project. Through monitoring, instrumentation, and testing, it was demonstrated that liquid could be added in such a way that the holding capacity of the refuse is not exceeded. The same equipment and procedures will be utilized for the Module D bioreactor. Specific sections of this agreement details regarding the method of liquid recirculation. It should be noted that the preceding Part in the regulations (Section 20200, Part (d)(2) addresses the discharge of waste containing free liquids and does not apply to this applicationCell 8. The County is not proposing to discharge wastes containing free liquidss Title V Permit application will incorporate the County s AOS as revised, but is instead proposing to add liquids or semi- solid waste which in turn will provide that prior to the refuse already in-placeintroduction of liquids under this project, a baseline surface methane concentration level will be obtained to establish the baseline performance of the current gas collection and control system located in the test cell. While Subsequent surface methane concentrations will be checked according to the regulations state that wastes containing free liquids must requirements in 40 CFR Part 60 Subpart WWW. If the quarterly surface monitoring establishes a surface methane concentration in exceedance of 500 ppm over the test area plateau or if significant odors are found to be discharged to a Class II waste pileemanating from the test area, the addition County will take corrective action (which may include installation and operation of liquids additional LFG collection and control technology) as provided in 40 CFR § 60.755. In any event, the LFG collection and control measures (including any supplemental measures undertaken in the area of the Test Area) will be run continuously if sufficient gas is present to existing waste sustain combustion, and shall otherwise be operated in a Class III landfill accordance with 40 CFR Part 60 Subpart WWW. The County will comply with all other applicable environmental requirements. The County will submit an application to MDE requesting an amendment to its AOS for Cell 8, and which amendment (when granted) will be incorporated into the County s Title V permit. (A copy of the County s proposed requested amendment is allowed by attached as Att. IV.) In signing this agreement MDE affirms that it is supportive of the regulations if an exception is granted by bioreactor concept. Without regulatory flexibility, the RWQCB. Title 27, Chapter 3, Subchapter 2, Article 4, Section 20340, Part (g)(1,2,3), Leachate Collection County would not be able to test the economic and Removal Systems states environmental viability of the following:bioreactor technology at its facility.

Requested Flexibility. This section is primarily intended to describe federal flexibility needed for this XL project. It does also discuss State and local flexibility believed to be necessary to authorize this project. To the extent such action is necessary and appropriate, it will be provided as part of this project and subject to public notice and comment. In general, Yolo County proposes to be able to undertake a proposed bioreactor landfill project that falls within the limitations established in the XL agreement. Yolo County is requesting specific flexibility under the current state and/or federal regulations requirements for liquid addition as described below. Yolo County is requesting that U.S. EPA grant site-specific regulatory flexibility from the prohibition in 40 CFR 258.28 Liquid Restrictions, which may preclude addition of useful bulk or non-containerized liquid amendments. The County is proposing to supplement the liquid addition with ground water, but would like to obtain the flexibility to possibly utilize other liquids such as xxxx xxxxxx from waste water treatment plant, septic waste, gray water, and food-food- processing wastes that is currently land applied. Liquidwastes Liquid wastes such as these normally have no beneficial use, may instead beneficially enhance the biodegradation of solid waste in a landfill for this project. Yolo County also requests similar flexibility on liquid amendments from California and local regulatory entities. Several sections of the California Code of Regulations (CCR), Title 27, Environmental Protection, address the recirculation of liquids in lined municipal waste landfills. While the regulations do not specifically endorse bioreactors like the regulations in the State of Washington, regulatory flexibility is provided. This portion of the agreement will describe specific regulations in Title 27 regarding recirculation. Title 27, Chapter 3, Subchapter 2, Article 2, Section 20200, Part (d)(3),Management d)(3), Management of liquids at Landfills and Waste Piles states the following: The above regulation specifically allows the Regional Water Quality Control Board, Central Valley Region (RWQCB) the ability to grant an exception regarding the discharge of liquids into a Class III landfill providing the moisture holding capacity is not exceeded. The previous demonstration project at the Yolo County Central Landfill provided a working demonstration as to the feasibility of the proposed bioreactor project. Through monitoring, instrumentation, and testing, it was demonstrated that liquid could be added in such a way that the holding capacity of the refuse is not exceeded. The same equipment and procedures will be utilized for the Module D bioreactor. Specific sections of this agreement details regarding the method of liquid recirculation. It should be noted that the preceding Part in the regulations (Section 20200, Part (d)(2) addresses the discharge of waste containing free liquids and does not apply to this application. The County is not proposing to discharge wastes containing free liquids, but is instead proposing to add liquids or semi- semi-solid waste to the refuse already in-place. While the regulations state that wastes containing free liquids must be discharged to a Class II waste pile, the addition of liquids to existing waste in a Class III landfill is allowed by the regulations if an exception is granted by the RWQCB. Title 27, Chapter 3, Subchapter 2, Article 4, Section 20340, Part (g)(1,2,3), Leachate Collection and Removal Systems states the following:

Requested Flexibility. This section is primarily intended to describe federal flexibility needed for this XL project. It does also discuss discusses State and local flexibility believed to be necessary to authorize this project. To the extent such action is necessary and appropriate, it will be provided as part of this project and subject to public notice and comment. In general, Yolo County proposes to be able to undertake a proposed bioreactor landfill project that falls within the limitations established in the XL agreement. Yolo County is requesting specific flexibility under the current state and/or federal regulations requirements for liquid addition as described below. Yolo County is requesting that U.S. EPA grant site-specific regulatory flexibility from the prohibition in 40 CFR 258.28 Liquid Restrictions, which may preclude addition of useful bulk or non-containerized liquid amendments. The County is proposing to supplement the liquid addition with ground water, but would like to obtain the flexibility to possibly utilize other liquids such as xxxx xxxxxx from waste water wastewater treatment plant, septic waste, gray water, and food-processing wastes that is currently land applied. Liquidwastes Liquid wastes such as these that normally have no beneficial use, may instead beneficially enhance the biodegradation of solid waste in a landfill for this project. Yolo County also requests similar flexibility on liquid amendments from California and local regulatory entities. Several sections of the California Code of Regulations (CCR), Title 27, Environmental Protection, address the recirculation of liquids in lined municipal waste landfills. While the regulations do not specifically endorse bioreactors like the regulations in the State of Washington, regulatory flexibility is provided. This portion of the agreement will describe specific regulations in Title 27 regarding recirculation. Title 27, Chapter 3, Subchapter 2, Article 2, Section 20200, Part (d)(3),Management d)(3), Management of liquids at Landfills and Waste Piles states the following: The above regulation specifically allows the Regional Water Quality Control Board, Central Valley Region (RWQCB) the ability to grant an exception regarding the discharge of liquids into a Class III landfill providing the moisture holding capacity is not exceeded. The previous demonstration project at the Yolo County Central Landfill provided a working demonstration as to the feasibility of the proposed bioreactor project. Through monitoring, instrumentation, and testing, it was demonstrated that liquid could be added in such a way that the holding capacity of the refuse is not exceeded. The same equipment and procedures will be utilized for the Module D bioreactor. Specific sections of this agreement present plan details regarding the method of liquid recirculation. It should be noted that the preceding Part in the regulations (Section 20200, Part (d)(2) addresses the discharge of waste containing free liquids and does not apply to this application. The County is not proposing to discharge wastes containing free liquids, but is instead proposing to add liquids or semi- semi-solid waste to the refuse already in-place. While the regulations state that wastes containing free liquids must be discharged to a Class II waste pile, the addition of liquids to existing waste in a Class III landfill is allowed by the regulations if an exception is granted by the RWQCB. Title 27, Chapter 3, Subchapter 2, Article 4, Section 20340, Part (g)(1,2,3), Leachate Collection and Removal Systems states the following: