2011 California Code
Health and Safety Code
DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 26204]
CHAPTER 6.92. Landfill Gas
Section 25421

(a) Until the rule or order specified in subdivision (b) is adopted, no gas producer shall knowingly sell, supply, or transport landfill gas to a gas corporation, and no gas corporation shall knowingly purchase landfill gas, if that gas contains vinyl chloride in a concentration that exceeds the operative no significant risk level set forth in Article 7 (commencing with Section 12701) of Chapter 3 of Division 2 of Title 22 of the California Code of Regulations.

(b) On or before January 1, 1990, the Public Utilities Commission shall, by rule or order, specify the maximum amount of vinyl chloride that may be found in landfill gas pursuant to the requirements of subdivision (a).

(c) No gas corporation shall knowingly and intentionally expose any customer, employee, or other person to gas from a landfill if that gas contains any chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to that individual, except as provided by Section 25249.10.

(d) Every person who produces, sells, supplies, or releases landfill gas for sale offsite to a gas corporation shall, twice each month, sample and test the gas at the point of distribution for the presence of chemicals known to the state to cause cancer or reproductive toxicity in accordance with the test guidelines prepared under Section 41805.5. The air pollution control district or air quality management district within which the landfill is situated shall review the testing procedures for compliance with the guidelines and require the correction of any deficiencies. The district shall require, among other things, that the gas be analyzed by a laboratory certified by the department and shall transmit the results of the analysis to the department for its determination of compliance or noncompliance with subdivisions (a) and (b). The department shall fix and impose upon the gas producer a fee to cover its costs under this subdivision. The results of each sample and test shall be reported promptly to the gas corporation to which the landfill gas is sold, and any person or public agency requesting a copy of the report.

(e) Nothing in this section prohibits the direct delivery of landfill gas for the generation of electricity, the production of steam, or other industrial application.

(f) The gas corporation shall obtain the results of the test conducted pursuant to subdivision (d) and shall purchase no gas which the test shows to contain vinyl chloride that exceeds the amount permitted in subdivision (a), or if the rule or order has been adopted, as specified in subdivision (b).

(g) This section applies only to landfill gas delivered to the pipeline of a gas corporation.

(Added by Stats. 1988, Ch. 932, Sec. 2.)