APPENDIX 1. DEFINITIONS.

Advisory

U.S.

Deijartm~nt

—

of Transportation

Federal Aviation

Administration

Subject:

CONSTRUCTION OR ESTABLISHMENT

Date:

August 26, 2000

AC No:

150/5200-34

OF LANDFILLS NEAR

PUBLIC AIRPORTS

Initiated

by:

AAS-300

Change:

Purpose.

This advisory circular (AC) contains guidance on complying with new

Federal statutory requirements regarding the construction or establishment oflandfills

near public airports.

Application.

The guidance contained in the AC

is providedby the Federal

Aviation Administration (FAA) for use by persons considering the construction or

establishment ofa municipal solid waste landfill (MSWLF) near a public airport.

Guidance contained herein should be used to comply with recently enacted MSWLF

site

limitations contained in 49

U.S.C.

447

18(d), as amended by section

503

ofthe

Wendell H. Ford Aviation Investment and Reform Act for the

21st

Century, Pub.

No.

106-18 1

(April

2000),

“Structures interfering with air commerce.”

accordance with

44718(d), as amended, these site limitations

are not applicable in

the State of Alaska.

In addition, this AC provides guidance for a state aviation agency desiring to petition

the FAA for an exemption from the requirements of

44718(d), as amended.

Related Reading Materials.

150/5200-33,

Hazardous Wildlife Attractions On or Near Airports, May

1997.

Wildlife Strikes to Civil

Aircraft in the United States 1990-1998, FAA

Wildlife Aircraft Strike

Database Serial Report Number

November

1998.

Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal

Sites in the Vicinity of Airports, April

1996, DOT/FAA/AS/96- 1.

Title

14, Code of Federal Regulation, Part 139, Certification and Operations:

Land Airports Serving Certain Air Carriers.

Title 40, Code of Federal Regulation, Part

258,

Municipal

Solid Waste

Landfill Criteria.

Some ofthese documents and additional information on wildlife

management,

including guidance

on landfills, are available on the FAA’s Airports web site at

www.faa.gov/arp/arphome.htrn.

8/26/00

150/5200-34

Definitions.

Definitions for the specific purpose ofthis AC

are found in Appendix

Background.

The FAA has the broad authority to regulate and develop civil aviation

under the Federal Aviation Act of 1958,

U.S.C.

40101, et.

seq., and other Federal

law.

In section

1220 ofthe Federal Aviation Reauthorization Act of 1996, Pub. L. No.

104-264 (October 9,

1996), the Congress added a new provision,

section (d), to 49 U.S.C.

44718

to be enforced by the FAA and placing limitations on the construction or

establishment oflandfills near public airports for the purposes of enhancing aviation

safety.

Section 503 ofthe Wendell H. Ford Aviation Investment and Reform Act for the

21st Century (AIR-21), Pub. L.

No.

106-181 (April

2000) has replaced section

1220 of

the

1996 Reauthorization Act, 49

U.S.C.

44718

(d), with new language.

Specifically,

the new provision,

44718(d), as amended, was

enacted to further limit the construction

or establishment of a MSWLF near certain.smaller public airports.

In enacting this legislation, Congress

expressed concern that a MSWLF sited near an

airport poses a potential hazard to aircraft operations because such a waste facility

attracts birds.

Statistics support the fact that bird strikes pose a real danger to aircraft.

An estimated 87 percent ofthe collisions between wildlife and civil aircraft occurred on

or near airports when aircraft are below 2,000 feet above ground level (AGL).

Collisions

with wildlife at these altitudes are especially dangerous as aircraft pilots have minimal

time to recover from such emergencies.

Databases managed by FAA and the United States Air Force show that morethan

54,000

civil and military aircraft sustained reported strikes with wildlife from 1990 to

1999

(28,150 civil strikes and 25,853 military strikes).

Between 1990-1999, aircraft-wildlife

strikes involving

U. S. civil

aircraft result in over $350 millionlyearworth of aircraft

damage and associated losses and over 460,000 hours/year ofaircraft down time.

From

1990 to

1999, waterfowl, gulls and raptors were involved in 77

ofthe 2,119

reported damaging aircraft-wildlife strikes where the bird was identified.

Populations of

Canada geese and many species of gulls and raptors have increased markedly over the

last several years.

Further, gulls and Canada geese have adapted to urban

and suburban

environments and,

along with raptors and turkey vultures, are commonly found feeding

or loafing on or nearlandfills.

In light ofincreasing bird populations and aircraft operations, the FAA believes locating

landfills in proximity to airports increases the risk

ofcollisions between birds and

aircraft.

To address this concern, the FAA issued AC 150/5200-33,

Hazardous

Wildl?,fe

Attractions On or Near Airports,

to provide airport operators and aviation planners with

guidance on minimizing wildlife attractant.

150/5200-33 recommends against

locating municipal solid waste landfills within five statute miles ofan

airport if the

landfill may cause hazardous wildlife to move into or through the airport’s

approach or

departure

airspace.

8/26/00

150/5200-34

General.

Using guidance provided in the following

sections, persons

considering construction

or establishment of a landfill should first determine if the

proposed facility meets the definition ofa new MSWLF (see Appendix 1).

Section

44718(d), as amended,

applies only to a new MSWLF.

It does not apply to the expansion

or modification ofan existing MSWLF, and does not

apply in the

State ofAlaska.

Ifthe

proposed landfill meets the definition ofa new MSWLF, its proximity to certain public

airports (meeting the criteria specified in Paragraph 8 below)

should be determined.

If it

is determined that a new MSWLF would be located within six miles of such a public

airport, then either the MSWLF should be planned for an alternate location more than

6 miles

from the airport, or the MSWLF proponent

should request the appropriate State

aviation agency to file a petition for an

exemption from the statutory restriction.

In addition to

the requirements of

44718(d), existing landfill restrictions contained in

150/5200-33,

Hazardous

WildlifeAttractions

On or NearAirports

(see Paragraph

Background) also may be

applicable.

Airport operators that have accepted Federal funds

have obligations under Federal grantassurances to operate their facilities in safe manner

and must comply with standards prescribed in advisory circulars, including landfill site

limitations contained in AC

150/5200-33.

Landfills

Covered by the Statute.

The limitations of

44718(d), as amended,

only apply to a new MSWLF (constructed or established afterApril

2000).

The

statutory limitations

are not applicable where construction or establishment of a MSWLF

began on or before April

2000, or to an existing MSWLF (received putrescible waste

on or before April

2000).

Further, an existing MSWLF that is expanded or modified

after April

2000, would not be held to the limitations of

44718(d), as amended.

Airports Covered by the Statute.

The

statutory limitations restricting the

location ofa new MSWLF near an airport apply to only those airports that are recipients

ofFederal grants (under the Airport and Airway Improvement Act of 1982, as amended,

49 U.S.C.

47101,

et seq.)

and to those that primarily serve general aviation aircraft and

scheduled aircarrier operations using aircraftwith less than 60 passenger seats.

While the FAA does not classify airports precisely in this manner, the FAA does

categorize airports by the

type

ofaircraft operations served and number of annual

passenger enplanements.

In particular, the FAA categorizes public airports that serve air

carrier operations.

These airports are known as commercial service airports, and receive

scheduledpassenger service and have 2,500 or more enpianed passengers per year.

One sub-category of commercial service airports, nonhub primary airports, closely

matches the statute requirement.

Nonhub primary airports are defined as commercial

service airports that enplane less than 0.05 percent ofall

commercial passenger

enpianements

(0.05

percent equated to 328,344

enpianements in

1998) but more than

10,000 annual enplanements. While these enplanements consist ofboth large and small

air carrier operations, most are conducted in

aircraft with less than 60

seats.

These

airports also

are heavily used by general aviation aircraft, with an average of 81 based

aircraft per nonhub primary airport.

8/26/00

150/5200-34

In addition, the FAA categorizes airports that enplane

2,500

10,000 passengers

annually as non-primary commercial service airports, and those airports that enplane

2,500 or less passengers annually as general aviation airports.

Both types ofairports are

mainly used by general aviation but in some instances, they have annual enplanements

that consist of scheduled air carrier operations conducted in aircraft with less than 60

seats.

Ofthe non-primary commercial service airports and general aviation airports, only

those that have scheduled air carrier operations conducted in aircraftwith

less than 60

seats would be covered by the

statute.

The statute does not apply to those airports that

serve only general aviation aircraft operations.

To comply with the intent of the statute,

the FAA has identified those airports classified

as nonhub primary, non-primary commercial service and general aviation airports that:

Are recipients of Federal grant under 49 U.S.C.

47101, et. seq.;

Are under control ofa public agency;

Serve some scheduled air carrier operations conducted in aircraftwith less

than 60

seats; and

Have total annual enplanements consisting ofat least 51

of scheduled air

carrier enplanements conducted in aircraft with less than 60 passenger

seats.

Persons considering construction or establishment of a new MSWLF should contact the

FAA to determine if an airportwithin six statute miles ofthe new MSWLF meets these

criteria

(see paragraph

below for information on contacting the FAA). If the FAA

determines

the airport does meet these criteria, then

44718(d), as amended, is

applicable.

An in-depth explanation of how the FAA collects and categorizes airport data is available

in the FAA’s National Plan ofIntegrated Airport

Systems (NPIAS).

This report and a list

ofairports classified as nonhub primary, non-primary commercial service and general

aviation airports (and associated enplanement data) are~avai1abie-on

-the -FAA’s Airports

web site at http://www.faa.gov/arp/4

1 Ohome.htm.

Separation distance measurements.

Section

447 18(d), as amended, requires a

minimum separation distance of six statute miles between a new MSWLF and a public

airport.

In determining this distance separation, measurements should be made from the

closest point ofthe airport property boundary to the closest point ofthe MSWLF property

boundary.

Measurements can be made from a perimeter fence if the fence is co-located,

or within close proximity to, property boundaries.

It is the responsibility ofthe new

MSWLF proponent to

determine the separation distance.

10.

Exemption Process.

Under

44718(d), as amended, the FAA Administrator

may approve an exemption from the statute’s landfill location limitations.

Section

44718(d), as amended, permits the aviation agency ofthe state in which the airport is

located to request such an exemption from the FAA Administrator.

Any person desiring

8/26/00

150/5200-34

such an exemption should contact the aviation agency in the state in which the affected

airport is located.

A list ofstate aviation agencies and

contact information is available at

the National Association ofState Aviation Officials (NASAO) web site at

www.nasao.org

or by calling NASAO at (301) 588-1286.

A state aviation agency that desires to petition the FAA for an exemption should notify

the Regional Airports Division Manager, in writing, at least 60 days prior to the

establishment or construction of a MSWLF.

The petition should explain the nature and

extent ofrelief sought, and contain information,

documentation, views, or arguments that

demonstrate that an exemption from the statute would not have an adverse impact on

aviation safety.

Information on contacting FAA Regional Airports Division Managers

can be found on the FAA’s web site at www.faa.gov.

After considering all relevant material presented, the Regional Airports Division

Manager will notify the state agency within 30 days whether the request for exemption

has been approved or denied.

The FAA may approve a request for an exemption if it is

determined that such an exemption would have no adverse impact on aviation safety.

11.

Information.

For further information, please contact the FAA’s Office ofAirport

Safety and Standards, Airport Safety and Certification Branch, at (800) 842-8736, Ext.

73085 or via email at WebmasterARP@faa.gov.

Any information, documents and

reports that are available on the FAA web site also can be obtained by calling the toll-free

telephone number listed above.

DAVID L.

BENNETF

Director, Office of Airport Safety and Standards

8/26/00

150/5200-34

Appendix

APPENDIX 1.

DEFINITIONS.

The following are definitions

for the specific purpose ofthis advisory circular.

Construct a municipal solid waste landfill means excavate or grade land, orraise

structures, to prepare a municipal solid waste landfill as permitted by the appropriate

regulatory orpermitting authority.

Establish a municipal solid waste

landfill (MSWLF) means receive the first load

ofputrescible waste

on site for placement in a prepared municipal solid waste landfill.

Existing municipal

solid waste landfill (MSWLF) means a municipal solid waste

landfill that received putrescible waste on or before April

2000.

General aviation aircraft means any civil aviation aircraft not operating under

14 C.F.R. Part

119, Certification: Air carriers and commercial operators.

Municipal

solid waste landfill

(MSWLF) means publicly or privately owned

discrete area ofland or an excavation that receives household waste,

and that is not a land

application unit,

surface impoundment, injection well, or waste pile, as those terms are

defined under 40 C.F.R.

257.2.

A MSWLFmay receive other types ofRCRA

subtitle

D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator

waste and industrial solid waste, as defined under

40 C.F.R.

258.2.

A MSWLF may

consist of either a standalone unit or several cells that receive household waste.

New municipal

solid waste landfill (MSWLF) means a municipal solid waste

landfill that was established orconstructed after April

2000.

Person(s) means an

individual, firm, partnership, corporation, company,

association, joint-stock association, or governmental entity.

It includes a trustee,

receiver, assignee, or similar representative of any ofthem(14 C.F.R. Part

1).

Public agency means a State or political subdivision ofa State; a tax-supported

organization; or an Indian tribe or pueblo (49 U.S.C.

102(15)).

Public airport means an airport used or intended to be used for public purposes

that

is under the control of a public agency; and ofwhich the area used or intended to be

used for landing, taking off, or surface maneuvering ofaircraft is publicly owned

(49 U.S.C.

47102(16)).

Putrescible waste means solid waste which contains organic matter capable of

being decomposed by micro-organisms and ofsuch a character and proportion as to be

capable ofattracting or providing food for birds (40 C.F.R.

257.3-8).

Scheduled air carrier operation means any common carriage passenger-carrying

operation for compensation or hire conducted by an air carrier or commercial operator for

8/26/00

AC 150/5200-34

Appendix

which the air carrier, commercial operator, or their representatives offers in advance the

departure location, departure time, and arrival location.

It does not include any operation

that is conducted as a supplemental operation under

14 C.F.R. Part

119, or is conducted

as a public charter operation under

14 C.F.R. Part 380 (14 C.F.R.

119.3).

Solid waste means any garbage, or refuse, sludge from a wastewater treatment

plant, water supply treatment plant, or air pollution control facility and other discarded

material, including solid, liquid, semi-solid, or contained gaseous material resulting from

industrial, commercial, mining, and agricultural operations, and from community

activities, but does not include solid or dissolved materials in domestic sewage,

or solid

or dissolved materials in irrigation return flows or industrial discharges that are point

sources subject to permit under

33 U.S.C.

1342, or source, special nuclear, or by-

product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923)

(40 C.F.R.

258.2).