(b) Compliance boundary.

1. (1) An owner or operator may demonstrate that compliance should be determined at an alternative boundary in lieu of the solid waste boundary.
2. (2) The Division of Environmental Quality may establish such an alternative boundary only if it finds that such a change would not result in contamination of ground water which may be needed or used for human consumption.

3. (3) This finding shall be based on analysis and consideration of all of the following factors that are relevant:

   1. (A) The hydrogeological characteristics of the facility and surrounding land, including any natural attenuation and dilution characteristics of the aquifer;
   2. (B) The volume and physical and chemical characteristics of the leachate;
   3. (C) The quantity, quality, and direction of flow of ground water underlying the facility;
   4. (D) The proximity and withdrawal rates of 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
   7. (G) Public health, safety, and welfare effects.

(c) Definition. As used in this section, "contaminate" means to introduce a substance that would cause:

1. (1) The concentration of that substance in the ground water to exceed its maximum contaminant level (MCL) specified in Appendix 3; or
2. (2) An increase in the concentration of that substance in the ground water where the existing concentration of that substance exceeds the MCL specified in Appendix 3.