A. [Landfill methane development plan.] All proposed development, on or within one hundred (100) feet from a landfill, shall receive the necessary building permit only after approval of a landfill methane development plan. The plan shall meet the following criteria to the extent applicable:
1. Site assessment. The plan shall indicate the location of the landfill or landfills; (more than one (1) landfill may affect the site). The developer is responsible for defining the waste boundary as needed to prepare the plan. Additionally, the plan shall describe the following information: operators of the landfill and dates of operation, the depth to groundwater, groundwater test results, landfill depth, type of landfill waste, floodplain designations, gas data, gas monitoring system information, gas extraction system information including a diagram showing system layout, recent and historical aerial photographs and landfill history. Any previously unidentified buried waste encountered after initial approval of the development plan shall be reported to the director within seven (7) working days.
2. Methane production, migration and monitoring. The landfill methane development plan shall describe existing methane conditions within the proposed plan area. The developer may be required to take measures to protect the safety of the proposed development which may include, but not be limited to, installation of monitoring devices and establishment of mechanisms for regular monitoring for a duration of time appropriate to the scope of the landfill activity. The landfill methane plan shall demonstrate, in a manner approved by the city, that any potential migration of methane to the surface or adjoining areas will not endanger any future occupant or user of the proposed development. The plan must be approved by the director. Monitoring for methane migration may be required pre and post construction.
3. Methane control. Where required by the city, due to the presence or proximity of methane, the landfill methane development plan shall include design and installation of an approved system for the control, prevention, extraction or mitigation of methane in order to ensure protection of the proposed development.
4. Construction specifications. The landfill methane development plan shall specify the special steps to be taken in the construction of the development to accommodate the special characteristics of the landfill including, but not limited to, provisions for control of methane migration into structures, properly engineered drainage, protection against subsidence and other necessary requirements.
5. Professional certification for the development plan. Development plans submitted to the city pursuant to this section shall be sealed by a professional engineer or geologist, registered with the Arizona Board of Technical Registration, who is knowledgeable regarding landfills, methane gas and the health and safety issues that arise when developing on or in the vicinity of landfills.
B. Waiver. One (1) or more of the requirements of this section may be waived or satisfied by the city based upon documented evidence presented by the applicant regarding the site to the director. The waiver may be granted upon the determination by the director that there are substantial mitigating factors justifying such a waiver and that there is no substantial risk to the public in the granting of such a waiver. Even if a waiver is granted under this section, the responsible party or developer shall comply with the public notice requirements.
C. Monitoring time requirements. Upon request of the developer or responsible party, modifications to the monitoring schedule may be approved by the Tucson Fire Chief or his designee upon a showing that there is no significant risk to public health due to methane activity.
D. Approval authority. The approvals and determinations on behalf of the city as set forth in this section, unless otherwise specified, shall be made by the director.
(Ord. No. 10037, § 1, 9-13-04)