123. The operator of a permanently closed landfill site may apply to the Minister to be totally or partially released from the environmental monitoring or maintenance obligations under this subdivision if, during a post-closure monitoring period of a minimum duration of 5 years, the conditions set out below are met. The operator may be partially released from monitoring leachate and underground water and, as the case may be, from monitoring biogas and from maintenance obligations if the following conditions are met: (1) none of the parameters analyzed in the samples of leachate referred to below has exceeded the limit values set out in section 104:
(a) leachate discharged before any treatment into a sewer system or treated with mill process water;
(b) leachate discharged before any treatment into the environment or into a storm sewer;
(2) the results of the parameters analyzed in the samples of the water in observation wells situated at a maximum distance of 300 m from the landfill site show no degradation relative to the reference well water as a result of the migration of leachate into the soil where the landfill site is situated; if the landfill site is impermeable, the results of the parameters analyzed in the samples of the water in the observation wells bordering the landfill site show no degradation relative to the reference well water as a result of the migration of leachate into the soil where the landfill is situated; and
(3) biogas measurements taken under section 122 indicate a methane concentration below 25% of its lower explosive limit, or 1.25% per volume.
The operator’s total or partial release application must be supported by a status report from an independent expert on the state of the landfill and, where applicable, its environmental impacts. The status report must be sent to the Minister together with the results of the measurements performed pursuant to this section.