(1) This section applies to each owner or operator of:

(a) An active MSW landfill having waste in place of 450,000 tons or greater; or

(b) A closed MSW landfill having waste in place of 750,000 tons or greater.

(2) Each owner or operator subject to this section must submit an initial landfill gas HIC report to the department in accordance with WAC 173-408-170(2).

(3) Each owner or operator subject to this section must submit an annual landfill gas HIC report to the department and local authority in accordance with WAC 173-408-170 (3) and (5) until either:

(a) The MSW landfill reaches a HIC of 3,000,000 British thermal units per hour recovered or greater; or

(b) The owner or operator submits a closure notification under WAC 173-408-170(8).

(4) Each owner or operator of a MSW landfill that has a HIC of 3,000,000 British thermal units per hour recovered or greater must either:

(a) Meet the requirements of WAC 173-408-080; or

(b) Demonstrate to the satisfaction of the department or local authority that after four consecutive quarterly monitoring periods there is no measured concentration of 200 parts per million by volume or greater of methane using the instantaneous surface monitoring procedures specified in WAC 173-408-120 (3)(b). If there is no measured concentration of 200 parts per million by volume or greater of methane, then the following apply:

(i) The owner or operator of an active MSW landfill must recalculate the HIC annually and submit an annual landfill gas HIC report in accordance with subsection (3) of this section, until such time that the owner or operator submits a closure notification under WAC 173-408-170(8).

(ii) The owner or operator of a closed or inactive MSW landfill that meets the requirements of this subsection no longer has to comply with any other requirements of this chapter, provided that the following information is submitted to and approved by the department or local authority:

(A) A waste in place report prepared in accordance with WAC 173-408-170 (3) and (4); and

(B) All instantaneous surface monitoring records.