(a) Applicability. New Class 1 landfills and lateral expansions shall be constructed:

1. (1)

   1. (A) In accordance with a design approved by the Director of the Division of Environmental Quality.
   2. (B) The design must ensure that the concentration values listed in Table 1 of this section shall not be exceeded in the uppermost aquifer at the relevant point of compliance, as specified by the director under subsection (d) of this section; or
2. (2) With a composite liner, as defined in subsection (b) of this section and a leachate collection system that is designed and constructed to maintain less than a thirty-centimeter (twelve-inch) depth of leachate over the liner.

(b) Definition.

1. (1) For purposes of this section, "composite liner" means a system consisting of two (2) components.
2. (2) The upper component must consist of a minimum thirty (30) mil flexible membrane liner (FML), and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10^-7 cm/sec.

3. (3)

   1. (A) FML components consisting of high density polyethylene (HDPE) shall be at least sixty (60) mil thick.
   2. (B) The FML component must be installed in direct and uniform contact with the compacted soil component.
4. (4) A protective layer consists of no less than twelve inches (12”) of material approved by the Division of Environmental Quality and suitable to protect the FML component.

(c) Liner design approval. When approving a design that complies with subdivision (a)(1) of this section, the director shall consider at least the following factors:

1. (1) The hydrogeologic characteristics of the facility and surrounding land;
2. (2) The climatic factors of the area; and
3. (3) The volume and physical and chemical characteristics of the leachate.

(d) Point of compliance.

1. (1) The relevant point of compliance specified by the director shall be no more than one hundred fifty meters (150 m) from the waste management unit boundary and shall be located on land owned by the owner of the municipal solid waste landfill unit.

2. (2) In determining the relevant point of compliance, the director shall consider at least the following factors:

   1. (A) The hydrogeologic characteristics of the facility and surrounding land;
   2. (B) The volume and physical and chemical characteristics of the leachate;
   3. (C) The quantity, quality, and detection of flow of ground water;
   4. (D) The proximity and withdrawal rate of the ground water users;
   5. (E) The availability of alternative drinking water supplies;
   6. (F) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water and whether ground water is currently used or reasonably expected to be used for drinking water;
   7. (G) Public health, safety, and welfare effects; and
   8. (H) Practicable capability of the owner or operator.