§ 35-11-527 — Performance based design evaluation criteria for municipal solid waste landfill units

(a) New municipal solid waste landfill units and lateral
expansions approved by the administrator under W.S. 35-11-502
and 35-11-526 shall be constructed:
(i) In accordance with a performance based design
approved by the administrator in a performance based evaluation
pursuant to W.S. 35-11-526. Any performance based design
approved must ensure that the concentration values for
pollutants listed in the National Primary Drinking Water
Regulations, 40 C.F.R. Part 141, will not be exceeded in the
uppermost aquifer at the relevant point of compliance as
determined under subsection (c) of this section; or
(ii) With an engineered containment system that
utilizes a composite liner and a leachate collection system that
is designed and constructed to maintain less than a thirty (30)
centimeter depth of leachate over the liner.
(b) When approving a design that complies with paragraph
(a)(i) of this section, in addition to the requirements of W.S.
35-11-526 the administrator shall consider other relevant
factors, including, but not limited to:
(i) The hydrogeologic characteristics of the facility
and surrounding land;
(ii) The climatic factors of the area; and
(iii) The physical and chemical characteristics and
volume of the leachate.
(c) The relevant point of compliance specified by the
administrator for the allowable concentration values for
pollutants under paragraph (a)(i) of this section shall be no
more than one hundred fifty (150) meters from the waste
management unit boundary and shall be located on land owned by
the owner of the municipal solid waste landfill. In determining
the relevant point of compliance, the administrator shall
consider at least the following factors:
(i) The hydrogeologic characteristics of the facility
and surrounding land;
(ii) The physical and chemical characteristics and
volume of the leachate;
(iii) The quantity, quality and direction of flow of
ground water in the area;
(iv) The proximity and withdrawal rate of ground
water users;
(v) The availability of alternative sources of
drinking water supplies;
(vi) The existing quality of the ground water,
including other sources of contamination and their cumulative
impacts on the ground water and whether the ground water is
currently used or reasonably expected to be used for drinking
water;
(vii) Public health, safety and welfare effects; and
(viii) Practicable capability of the owner or
operator.