Section 329IAC10-16-9. Aquifer siting restrictions

   (a) MSWLF units within new MSWLFs and lateral expansions permitted under this article and new MSWLF units permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must meet the following design requirements:

(1) Units located over an aquifer of significance with a ten (10) foot separation barrier must be constructed to incorporate the design requirements of 329 IAC 10-17-2(a).

(2) Units located over an aquifer of significance without a ten (10) foot separation barrier must be constructed to incorporate the design requirements of 329 IAC 10-17-2(b).

  (b) Permit applicants for lateral expansions or permittees of new MSWLFs applying under subsection (a)(1) to meet the design requirements of 329 IAC 10-17-2(a) shall provide evidence that demonstrates one (1) of the following:

(1) An aquifer of significance as defined under 329 IAC 10-2-13 does not exist underneath the proposed solid waste boundary of the new MSWLF or lateral expansion, or closer than ten (10) feet beyond the proposed solid waste boundary of the new MSWLF or lateral expansion.

(2) If an aquifer of significance does exist underneath the proposed solid waste boundary of the new MSWLF or lateral expansion, or closer than ten (10) feet beyond the proposed solid waste boundary of the new MSWLF or lateral expansion, a ten (10) foot barrier of nonaquifer material as defined under 329 IAC 10-2-120 exists underneath and extending ten (10) feet beyond the proposed solid waste boundary of the new MSWLF or lateral expansion.

(3) If an aquifer of significance does exist underneath the proposed solid waste boundary of the new MSWLF or lateral expansion, or closer than ten (10) feet beyond the proposed solid waste boundary of the new MSWLF or lateral expansion, but a ten (10) foot barrier of nonaquifer material as defined under 329 IAC 10-2-120 does not exist underneath and extending ten (10) feet beyond the proposed solid waste boundary of the new MSWLF or lateral expansion the permit applicant intends on constructing a barrier of nonaquifer material as defined under 329 IAC 10-2-120 that:

(A) is ten (10) feet of constructed material, in situ material, or a combination thereof; and

(B) is underneath and extending ten (10) feet beyond the solid waste boundary of the lateral expansion or new MSWLF unit.

  (c) A demonstration of a ten (10) foot barrier constructed in accordance with subsection (b)(2) or (b)(3) must be submitted prior to unit construction.

  (d) For all demonstrations, the commissioner may request additional information prior to approval or denial of the demonstration. (Solid Waste Management Division; 329 IAC 10-16-9; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1829; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2772; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3811)