[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.10]

[Page 400-401]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 258_CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                     Subpart B_Location Restrictions
 
Sec. 258.10  Airport safety.


    (a) Owners or operators of new MSWLF units, existing MSWLF units, 
and lateral expansions that are located within 10,000 feet (3,048 
meters) of any airport runway end used by turbojet aircraft or within 
5,000 feet (1,524 meters) of any airport runway end used by only piston-
type aircraft must demonstrate that the units are designed and operated 
so that the MSWLF unit does not pose a bird hazard to aircraft.
    (b) Owners or operators proposing to site new MSWLF units and 
lateral expansions within a five-mile radius of any airport runway end 
used by turbojet or piston-type aircraft must notify the affected 
airport and the Federal Aviation Administration (FAA).
    (c) The owner or operator must place the demonstration in paragraph 
(a) of this section in the operating record and notify the State 
Director that it has been placed in the operating record.
    (d) For purposes of this section:
    (1) Airport means public-use airport open to the public without 
prior permission and without restrictions within the physical capacities 
of available facilities.
    (2) Bird hazard means an increase in the likelihood of bird/aircraft 
collisions that may cause damage to the aircraft or injury to its 
occupants.
    Note to Sec. 258.10: A prohibition on locating a new MSWLF near 
certain airports was enacted in Section 503 of the Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century (Ford Act), Pub. 
L. 106-181 (49 U.S.C. 44718 note). Section 503 prohibits the

[[Page 401]]

``construction or establishment'' of new MSWLFs after April 5, 2000 
within six miles of certain smaller public airports. The Federal 
Aviation Administration (FAA) administers the Ford Act and has issued 
guidance in FAA Advisory Circular 150/5200-34, dated August 26, 2000. 
For further information, please contact the FAA.

[56 FR 51016, Oct. 9, 1991, as amended at 68 FR 59335, Oct. 15, 2003]