A. It shall be unlawful for owners of non-operating landfills to fail to monitor and control decomposition gases if the Department has properly notified the owner of the owner's monitoring or control requirements. The Department will provide notice when it has cause to believe that a landfill site not presently operating, whether or not ever permitted by the City, is a hazard or a nuisance as a result of the migration of decomposition gases from landfill in excess of state regulations. The Department may require the owner to monitor the site according to specifications adopted by the Department, with monitoring results submitted to the Department and any other appropriate agency as directed by the Department. If the Department determines that monitoring is required the monitoring shall be done by and at the expense of the owner and/or operator. The owner/operator may request a hearing pursuant to Public Resource Code Sections 44305 and 44310.
B. If the owner and/or operator refuse to conduct monitoring as provided in Subsection A. or fail to conduct the monitoring within a reasonable time as determined by the Department, the City or a contractor selected by the City shall conduct monitoring with all reasonable costs assessed to and owed by the owner/operator.