Warren County citizens argued that the toxic waste landfill regulations were based on the fundamental assumption that the EPA's conceptual dry-tomb landfill would contain the toxic waste. This assumption informed the siting of toxic waste landfills and waivers to regulations that were included in EPA's Federal Register. For example, in 1978, the base of a major toxic waste landfill could be no closer than five feet from ground water, but this regulation and others could be waived. The waiver to the regulation concerning the distance between the base of a toxic waste landfill and groundwater allowed the base to be only a foot above ground water if the owner/operator of the facility could demonstrate to the EPA regional administrator that a leachate collection system could be installed and that there would be no hydraulic connection between the base of the landfill and groundwater. Citizens argued that the waivers to the siting regulations were discriminatory mechanisms facilitating the shift from scientific to political considerations concerning the siting decision and that in the South this would mean a discriminatory proliferation of dangerous waste management facilities in poor black and other minority communities. They also argued that the scientific consensus was that permanent containment could not be assured. As resistance to the siting of the PCB landfill in Warren County continued and studies revealed that EPA dry-tomb landfills were failing, EPA stated in its Federal Register that all landfills would eventually leak and should only be used as a stopgap measure.