However, even considering the affidavit on the merits, it is not sufficiently substantive. The Burns analysis asserts that a mechanism could exist by which landfill contaminates may reach an aquifer located some one-half mile from the site. On this basis, the Town and the Burns affidavit seek additional site characterization to determine whether its hypothesis is correct that landfill contaminates could possibly reach the aquifer, located some 3000 feet from the landfill site. Although the Town has raised a substantial issue regarding characterization of the 19 acre deposit in the southeastern portion of the landfill site, it has not made an adequate offer of proof to show that contaminates could reach the Jordan-Warners aquifer. Therefore, the issue raised is not significant.
Many assumptions underlie the Town's theory of aquifer contamination.
The Town makes all these assumptions in concluding that landfill contaminates may reach the aquifer. In support of its argument, the Town cites a reference in the Kantrowitz report which describes an area one mile east of the Jordan-Warners aquifer and refers to infiltration of stream flow at that location. From this reference, the Town draws an inadequately supported conclusion that it is possible such infiltration could occur for the stream segment leaving the landfill site. The Town makes no offer of proof to show that the two areas sought to be compared have similar geology. Nor does the Town even identify what the geology is, for the area one mile east of the aquifer.