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0 <br />• <br />(C) There is no evidence of existing ground water contamination from the <br />MSWLF unit indicated by contamination of a well utilizing the uppermost <br />aquifer and located at or adjacent to the mswlf unit boundary. <br />Documentation to fulfill this characterization requirement can consist of <br />independent field study, or <br />(1) That no evidence of leachate was indicated through tests utilizing a <br />piezometer at the point of compliance, or <br />(2) That no evidence of leachate was indicated through a test utilizing a <br />wet/dry monitor at the point of compliance, or <br />(3) Ground water contamination from the unit is determined not to exist <br />or not likely to occur through use of any other test agreed to by the <br />applicant and department; and <br />(4) The MSWLF unit serves a community that experiences an annual <br />interruption of at least three consecutive months of surface <br />transportation that prevents access to a regional waste management <br />facility; or <br />(5) The MSWLF unit serves a community that has no practicable waste <br />management alternative and the landfill unit is located in an area that <br />annually receives less than or equal to 25 inches of precipitation. <br />1.5.4 A waiver is granted based upon data and information submitted at a given <br />point in time. Anytime that the facility which has been operating under a <br />waiver granted by the Department can no longer meet the waiver criteria, <br />the waiver is void and ceases to exist. <br />1.6 APPLICATION FOR CERTIFICATE OF DESIGNATION <br />1.6.1 Any person proposing to operate a facility for solid wastes disposal within <br />the unincorporated portion of any county shall apply to the commissioners <br />of the county in which the site is to be located for a certificate of <br />designation and any person proposing to operate a facility for solid waste <br />disposal within the corporate boundaries of a municipality shall apply to the <br />governing body of that municipality for a certificate of designation. <br />1.6.2 On the date of its submittal, the application shall be accompanied by a non- <br />refundable fee which has been established by the governing body having <br />jurisdiction and which is based on the costs incurred by that body in the <br />July 1, 2007 <br />32 <br />