(a) Putrescible waste facilities.
- (1) This section applies only to Class 3 landfills that dispose of or propose to dispose of putrescible wastes.
- (2) A facility or practice disposing of putrescible wastes that may attract birds and which occurs within ten thousand feet (10,000’) (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five thousand feet (5,000’) (one thousand five hundred twenty-four meters (1,524 m)) of any airport runway end used by only piston-type aircraft shall be designed and operated in a manner that will not pose a bird hazard to aircraft.
- (b) Demonstration for new and expanded landfills. Applicants for new landfills and expansions to the area permitted for waste disposal that are located within the distances specified in subsection (a) of this section must demonstrate to the Division of Environmental Quality that the units are designed and will be operated such that the landfill will not pose a bird hazard to aircraft.
- (c) Federal Aviation Administration notification. Owners or operators proposing to site new landfills and expansions to the area permitted for waste disposal that dispose of putrescible wastes located 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.
- (d) Operating requirements for all facilities. Owners or operators of all solid waste disposal and processing facilities and practices located within the distances specified in subsection (a) of this section shall be operated in a manner that does not pose a bird hazard to aircraft.