[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR258.10]



[Page 401-402]

 

                   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:



[[Page 402]]



    (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 

``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]