Ground Water Protection System and Final Cover Waivers

(1) Applicability. 310 CMR 19.114 is not applicable to landfills handling municipal solid wastes or solid waste combustion facility ash. The owner or operator of other types of landfills may apply for a waiver from one or more of the ground water protection system or final cover requirements pursuant to 310 CMR 19.114(2). (2) Waiver Criteria. The Department, upon written request, may waive or modify one or more of the ground water protection system or final cover system design components specified under 310 CMR 19.110(4) or 19.112(3), respectively, when the operator satisfies the Department that components of a ground water protection system or final cover are not necessary to adequately protect ground and surface waters due to the characteristics of solid waste disposed in the landfill, the nature of the leachate likely to be produced by the landfill and the physical or hydrogeological characteristics of the site.