(1) Ground water monitoring at a facility may be waived by the department if the facility owner or operator can demonstrate there is no potential for hazardous constituents to contaminate the uppermost aquifer.

(2) No-migration petitions must be accompanied by facility specific data and studies and must be certified by a qualified ground water scientist.   No-migration demonstrations must be based on:

(a) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting contaminant fate and transport; and

(b) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and environment.

(3) No-migration petitions must demonstrate that ground water will not become contaminated for at least 30 years after the entire facility is closed.

(4) The department may deny any no-migration petition or variance if the department determines that insufficient data and studies exist to demonstrate no potential for migration of contaminants or leachate at a facility.

(5) The department may require the installation of vadose zone monitoring devices, piezometers or saturated zone monitor wells as part of a ongoing no-migration demonstration.