(a) “Advanced methane detection technology” means satellite monitoring, airflight monitoring, drones or remote direct monitoring technology that yields emission rates and the location of a methane emissions point source, as further defined by the Environmental Quality Commission by rule.
(b) “Municipal solid waste landfill” means a municipal solid waste landfill unit, as defined in 40 C.F.R. 257.2, as in effect on January 1, 2025, located in Benton County.
(2) The commission shall establish by rule requirements for surface emissions monitoring and mitigation of methane gas emissions from municipal solid waste landfills. The owner or operator of a municipal solid waste landfill required to conduct surface emissions monitoring must:
(a) Use advanced methane detection technology that meets minimum standards established by the commission, to conduct surface emissions monitoring above all areas of the surface of the landfill;
(b) Report all surface emissions monitoring results to the Department of Environmental Quality as follows:
(A) Results must include a spatial geographic information system map drawn to scale that includes:
(i) The longitude and latitude coordinates of each exceedance carried to the fifth decimal place; and
(ii) The monitoring path taken along the surface of the landfill, where applicable.
(B) For monitoring conducted using a drone:
(i) The longitude and latitude coordinates, carried to the fifth decimal place, of anemometer readings taken at five-minute intervals;
(ii) Collected meteorological data;
(iii) Flight transects with path-integrated or surface concentration results that identify results by concentration range or locations where concentrations constitute an exceedance; and
(iv) Equipment calibration records;
(c) Maintain all surface emissions monitoring records for no less than five years; and
(d)(A) Monitor the site of any exceedance within 10 days of first detecting the exceedance, after taking any corrective action required by the commission by rule.
(B) If the owner or operator cannot take corrective action at the site of an exceedance because the exceedance is located within the active or working face of the landfill, the owner or operator must submit a mitigation plan to the department for approval. [2025 c.329 §2]
Note: 468A.885 becomes operative January 1, 2027. See section 3, chapter 329, Oregon Laws 2025.
PENALTIES