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9 <br />(H) Any alternative requirements or performance standards offered in place <br />of the standards requested to be waived. <br />1.5.2 Based upon written specific waiver documentation, in their consideration of <br />an application, and in the exercise of their regulatory authority to assure <br />compliance with these regulations, the Department after consultation with <br />the governing body having jurisdiction may waive compliance with <br />standards in Sections 2 through 17 provided that the application satisfies <br />criteria (A) and (B) and (C) and (D) below: <br />(A) The benefits derived from meeting a standard do not bear a <br />reasonable relationship to the economic, environmental, and energy <br />impacts or other factors which are particular to the facility; and <br />(B) Such waiver is consistent with the purposes of the Act and these <br />regulations; and <br />(C) Such waiver is not deemed to constitute a major variation from the <br />requirements of these regulations; and <br />(D) The waiver will not cause or allow the violation of any air or water <br />quality standard or federal or local restrictions. <br />1.5.3 The Department after consulting with the governing body having <br />jurisdiction, shall waive compliance with the requirements of Section 3.2, <br />"Design Criteria" and Section 2.2, "Ground Water Monitoring and <br />Corrective Action ", by owners or operators for new municipal solid <br />waste landfill units, existing MSWLF units and lateral expansions for which <br />the owner or operator has submitted written specific waiver documentation <br />that adequately demonstrates that: <br />(A) Such owners or operators dispose of less than twenty (20) tons of <br />municipal solid waste daily. The twenty tons per day shall be measured as <br />an annual aggregate average; and <br />(B) Certification that the hydrogeologic characteristics of the media beneath <br />the site area are such that migration of contaminants from the facility into <br />off -site ground water are unlikely. A minimum criteria will be that the soils <br />beneath the site have a minimum permeability of at least 1 x 10 -6 cm /sec <br />and the distance to the nearest aquifer is such that ground water <br />contamination is unlikely; or <br />September 30, 2009 <br />0 <br />31 <br />