A. The developer of any property, on which any type of landfill gas monitoring system or landfill gas collection or control system has been installed, shall provide the Tucson Fire Department with a report, the frequency of which is to be determined by the Tucson Fire Department. The report shall contain readings of percentages of methane, oxygen and carbon dioxide gases, gas analyzer used and calibration information. The report shall also contain a verification statement stating "This system is in satisfactory operating condition as defined in section 29-21E. of the Tucson Code", or shall describe the deficiencies and provide a repair timetable. The developer of the subject property shall further be required to designate to the city a person or entity that will take responsibility for the operation, maintenance and repair of the system as well as conduct, certify, document and report future methane monitoring.
B. The responsible party of any property where methane monitoring, prevention, mitigation or extraction equipment or systems have been installed to meet any requirement under city, state or federal agreement, order, regulation or law shall maintain the equipment or systems in satisfactory operating condition. The responsible party shall provide the Tucson Fire Department with a report, the frequency of which is to be determined by the Tucson Fire Department. The report shall contain readings of percentages of methane, oxygen and carbon dioxide gases, gas analyzer used and calibration information. The report shall also contain a verification statement stating, "This system is in satisfactory operating condition as defined in section 29-21E. of the Tucson Code", or shall describe the deficiencies and provide a repair timetable schedule.
C. The city may set repair completion time limitations for equipment in less than satisfactory operating condition. If the repair does not meet the original design, a new plan must be submitted to the director. If, after notice and time to make repairs the equipment remains in violation of this section, the city may enter the property and make repairs as needed to bring the equipment to satisfactory operating condition and charge the developer or responsible party the cost of such repairs.
D. Methane gas detected through monitoring pursuant to this article, in concentrations of five (5) percent or more by volume in subsurface probes at the property boundary or one and one-quarter (1.25) percent or more by volume within structures, shall be immediately reported by the developer or responsible party to: (1) the Tucson Fire Department, (2) the Arizona Department of Environmental Quality and (3) the owner or operator of any adjacent landfill. In addition, this exceedence shall be reported within seven (7) calendar days to all owners and occupants of property wholly or partially within one hundred (100) feet of the detected methane.
E. Any monitoring or maintenance required by this section may be terminated pursuant to section 29-23C.
F. The developer or responsible party shall notify the director forty-eight (48) hours before methane control systems are to be installed.
G. The city may inspect any system undergoing installation or any equipment subject to 29-25B. upon twenty-four (24) hours notice and may require that the equipment be activated to demonstrate its operational status.
H. Failure to meet the requirements of this section, including refusal to allow access pursuant to 29-25G., shall be a separate violation for each day the non-complying condition persists after the city provides written notice of the violation and penalties shall be imposed per diem. A citation for a violation of this section shall constitute notice of the non-complying condition.
(Ord. No. 10037, § 1, 9-13-04)