10. (1) A person shall not establish a new landfilling site or increase the total waste disposal volume of an existing landfilling site unless a written report describing the design for the ground water protection features of the site has been prepared in accordance with this section.  O. Reg. 232/98, s. 10 (1). (2) The design for the ground water protection features of the site must, (a) if a new landfilling site is being established, meet the criteria set out in subsection (3), (4) or (5); or (b) if the total waste disposal volume of an existing landfilling site is being increased, meet the criteria set out in subsection (3).  O. Reg. 232/98, s. 10 (2). (3) The design for the ground water protection features of a landfilling site complies with subsection (2) if it meets the following criteria: 1. The objective of the design must be that the site will not cause the concentration of any contaminant listed in Column 1 of Table 1 to exceed the maximum allowable concentration for the contaminant in the ground water at any point on any adjacent property. 2. For the purpose of paragraph 1, the maximum allowable concentration for a contaminant shall be determined in accordance with the following formula:  where, Cm is the maximum allowable concentration for the contaminant, Cb is the background concentration of the contaminant in the ground water of the receptor aquifer, Cr is the health related drinking water objective for the contaminant or the aesthetic drinking water objective for the contaminant, whichever is applicable, as set out in Column 5 or 6 of Table 1, and X is, (a) 0.25, if Cr is a health related drinking water objective, or (b) 0.50, if Cr is an aesthetic drinking water objective. 3. The initial source concentration, mass as a proportion of total (wet) mass and half-life in leachate set out in Columns 2, 3 and 4 of Table 1 must be used for the purposes of evaluating the design with respect to the objective set out in paragraph 1. 4. The design must consider both advective and diffusive contaminant transport and must include examination of the effect of the failure of any engineered facilities when their service lives are reached. 5. A service life set out in Schedule 1, 2, 3 or 4 for an engineered facility may be used for the purpose of evaluating the design with respect to the objective set out in paragraph 1 if the relevant conditions set out in that Schedule are met. 6. Despite paragraphs 1, 2 and 3, if it is appropriate because of the nature of the waste or because the reasonable use of the ground water on the adjacent property is other than for drinking water, the Director may, i. for the purpose of evaluating the design with respect to the objective set out in paragraph 1, A. require or permit the use of values specified by the Director for Cr and X in the formula set out in paragraph 2, instead of the values set out in that paragraph, and B. require or permit the use of an initial source concentration, mass as a proportion of total (wet) mass or half-life in leachate specified by the Director instead of the initial source concentration, mass as a proportion of total (wet) mass or half-life in leachate set out in Column 2, 3 or 4 of Table 1, or ii. require or permit the objective of the design to be based in whole or in part on contaminants other than those listed in Column 1 of Table 1 and, for the purpose of evaluating the design with respect to that objective, A. require or permit the use of values specified by the Director with respect to each of the other contaminants for Cr and X in the formula set out in paragraph 2, and B. require or permit the use of an initial source concentration, mass as a proportion of total (wet) mass or half-life in leachate specified by the Director with respect to each of the other contaminants.  O. Reg. 232/98, s. 10 (3). (4) The design for the ground water protection features of a new landfilling site that is being established complies with clause (2) (a) if it meets the following criteria: 1. The maximum waste loading for any given background concentration of chloride in the ground water of the receptor aquifer must not be more than the value set out for that concentration in Column 1 of Table 2. 2. The infiltration rate through the final cover of the landfilling site must be greater than or equal to 0.15 metres per year. 3. There must be, at the base of the waste fill zone, a natural or engineered layer of soil in which attenuation of contaminants from the wastes in the site may take place and that meets the following conditions: i. The layer must be at least three metres thick. ii. The layer must consist of material that is relatively homogeneous. iii. The layer must have a hydraulic conductivity less than or equal to 1 × 10-7 metres per second. 4. The waste fill zone must have a ground water protection system above the attenuation layer referred to in paragraph 3 and below the waste consisting of, from bottom to top, i. a primary liner consisting of, A. a clayey liner at least 0.75 metres thick that meets the conditions set out in Schedule 4 for an unlimited service life, has a hydraulic conductivity of not more than 1 × 10-9 metres per second, and has an organic carbon content of at least 0.1 per cent, and B. a high density polyethylene (HDPE) geomembrane liner at least 1.5 millimetres thick that meets the conditions set out in Schedule 3 for a 150-year service life, and ii. a primary leachate collection system that meets the conditions set out in Schedule 1 for a 100-year service life.  O. Reg. 232/98, s. 10 (4). (5) The design for the ground water protection features of a new landfilling site that is being established complies with clause (2) (a) if it meets the following criteria: 1. The maximum waste loading for any given background concentration of chloride in the ground water of the receptor aquifer must not be more than the value set out for that concentration in Column 2 of Table 2. 2. The infiltration rate through the final cover of the landfilling site must be greater than or equal to 0.15 metres per year. 3. There must be, at the base of the waste fill zone, a natural or engineered layer of soil in which attenuation of contaminants from the wastes in the site may take place and that meets the following conditions: i. The layer must be at least one metre thick. ii. The layer must consist of material that is relatively homogeneous. iii. The layer must have a hydraulic conductivity less than or equal to 1 × 10-7 metres per second. 4. The waste fill zone must have a ground water protection system above the attenuation layer referred to in paragraph 3 and below the waste consisting of, from bottom to top, i. a secondary liner consisting of, A. a clayey liner at least 0.75 metres thick that meets the conditions set out in Schedule 4 for an unlimited service life, has a hydraulic conductivity of not more than 1 × 10-9 metres per second, and has an organic carbon content of at least 0.1 per cent, and B. a high density polyethylene (HDPE) geomembrane liner at least 2.0 millimetres thick that meets the conditions set out in Schedule 3 for a 350-year service life, ii. a secondary leachate collection system that meets the conditions set out in Schedule 2 for a 1,000-year service life, iii. a primary liner consisting of, A. a clayey liner at least 0.75 metres thick that meets the conditions set out in Schedule 4 for an unlimited service life, has a hydraulic conductivity of not more than 1 × 10-9 metres per second, and has an organic carbon content of at least 0.1 per cent, and B. a high density polyethylene (HDPE) geomembrane liner at least 1.5 millimetres thick that meets the conditions set out in Schedule 3 for a 150-year service life, and iv. a primary leachate collection system that meets the conditions set out in Schedule 1 for a 60-year service life.  O. Reg. 232/98, s. 10 (5). (6) For the purpose of this section, the background concentration of a contaminant in the ground water of the receptor aquifer is the median value for that contaminant based on all ground water samples taken from the receptor aquifer in accordance with the following rules: 1. At least five samples must be taken. 2. The samples must be taken at or near the site boundary where the potential impact is being examined. 3. The samples must not be taken from locations known to be or likely to be contaminated by human activity.  O. Reg. 232/98, s. 10. Leachate Disposal