(b) Demonstration for existing Class 1 landfills.

1. (1) Existing Class 1 landfills, existing units, and lateral expansions that are located within the distances specified in subsection (a) of this section must demonstrate that the units are designed and operated so that the municipal solid waste landfill unit does not pose a bird hazard to aircraft.

2. (2)

   1. (A) Existing Class 1 landfills and existing units shall make the demonstration not later than the compliance dates specified in 8 CAR § 60-104(d) and submit the demonstration to the Director of the Division of Environmental Quality for approval.
   2. (B) Lateral expansions shall make the demonstration prior to construction.

(c) Federal Aviation Administration notification.

1. (1) Owners or operators proposing to site new Class 1 municipal solid waste landfill 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 and furnish proof of notification to the director.

2. (2)

   1. (A) A prohibition on locating a new municipal solid waste landfill 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. No. 106-181, (49 U.S.C. § 44718 note).
   2. (B) Section 503 prohibits the "construction or establishment" of new municipal solid waste landfills after April 5, 2000, within six (6) miles of certain smaller public airports.
   3. (C) The Federal Aviation Administration administers the Ford Act and has issued guidance in Federal Aviation Administration Advisory Circular 150/5200-34, dated August 26, 2000.
   4. (D) Owners or operators proposing to locate new Class 1 municipal solid waste landfill units within a six-mile radius of any airport runway end must furnish to the director proof of approval from the Federal Aviation Administration for the new Class 1 municipal solid waste landfill unit or units.
3. (3) According to the guidance, no person shall construct or establish a new municipal solid waste landfill that receives putrescible waste within six (6) miles of a public airport that has received grants under 49 U.S.C. § 47101 et seq., and is primarily served by general aviation aircraft and regularly scheduled flights of aircraft designed for sixty (60) passengers or less unless the state aviation agency requests that the Administrator of the Federal Aviation Administration exempt the landfill from the application of this subsection and the Administrator of the Federal Aviation Administration determines that such exemption would have no adverse impact on aviation safety.

4. (4)

   1. (A) The limitations of 49 U.S.C. § 44718(d), as amended, only apply to a new municipal solid waste landfill constructed or established after April 5, 2000.
   2. (B) The statutory limitations are not applicable where construction or establishment of a municipal solid waste landfill began on or before April 5, 2000, or to an existing municipal solid waste landfill (received putrescible waste on or before April 5, 2000).
   3. (C) Further, an existing municipal solid waste landfill that is expanded or modified after April 5, 2000, would not be held to the limitations of 49 U.S.C. § 44718(d), as amended.