Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.06 - Construction or Establishment of Solid Waste Landfills Near Certain Public Airports

Current through Rules and Regulations filed through June 27, 2024
(a) Pursuant to Title V, Section 503 of the
			 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
			 (hereinafter referred to as "AIR-21"), no person shall construct or establish a
			 municipal solid waste landfill within six (6) miles of a public airport as
			 defined in Title V, Section 503(d) of AIR-21 unless the Georgia Department of
			 Transportation, (the "Department"), as the state aviation agency, requests a
			 waiver of exemption for the landfill from the Federal Aviation Administration,
			 (the "FAA").
(b) If an individual
			 or entity (the "Applicant") wishes to construct or establish a solid waste
			 landfill within six (6) miles of an airport as defined in Title V, Section
			 503(d) of AIR-21, the Applicant must undertake the actions outlined below and
			 submit the following information, in writing, to the Department before the
			 Department will consider whether or not to request that the Administrator of
			 the FAA exempt the landfill from the application of AIR-21:
1. Complete and submit Section 1 of GDOT
			 Waste Disposal/Processing Facility Coordination Form. This form is available
			 from the Department, Office of Aviation Programs.
2. Obtain, prepare and submit a USGS
			 Quadrangle map denoting property lines of the proposed landfill, with
			 coordinates.
3. Provide public
			 notice of the request for waiver, published in newspapers of general
			 circulation serving the municipality and county in which the proposed landfill
			 will be located, as well as in adjacent municipalities and counties. These
			 public notices shall be sent to the Department immediately upon publication and
			 shall contain wording directing any comments to the Georgia Department of
			 Transportation's Aviation Programs office. Aviation Programs' address and
			 telephone number shall be included.
4. Provide notice of the request for waiver
			 to all FAA registered pilots and aircraft owners within a sixty (60) mile
			 radius of the affected airport. Provide the Department with an affidavit
			 stating that such notice was mailed, with a copy of the mailing list showing
			 the names and addresses attached. The notice shall contain wording directing
			 any comments to the Georgia Department of Transportation's Aviation Programs
			 office. Aviation Programs' address and telephone number shall be included. FAA
			 pilot and aircraft owner information may be obtained from the FAA Aircraft and
			 Airmen Registration Branch in Oklahoma City, OK.
5. Provide notice of the request to the
			 affected airport's owner(s) and any other airport owner(s) including military,
			 public and private airports within a sixty (60) mile radius of the affected
			 airport. Provide the Department with an affidavit that such notice was mailed,
			 with a copy of the mailing list with the names and addresses attached. The
			 notice shall contain wording directing any comments to the Georgia Department
			 of Transportation's Aviation Programs office. Aviation Programs' address and
			 telephone number shall be included.
6. Provide copies of all information
			 submitted to the Georgia Department of Natural Resources - Environmental
			 Protection Division or other state agencies in regards to the proposed waste
			 disposal site.
7. Submit a letter
			 to FAA Southern Region Air Traffic Services requesting an airspace study and
			 flight procedures established for arriving and departing aircraft for the
			 affected airport. Provide Department with a copy of the letter submitted to FAA
			 and a certified copy of FAA's airspace study, flight procedures report, and any
			 comments from FAA regarding the report and study.
8. Submit to the Department a written request
			 that the Department commission a Wildlife Hazard Assessment to be conducted by
			 the U.S. Department of Agriculture, (the "USDA"), Wildlife Service, for the
			 affected airport and proposed landfill. Said written request must also contain
			 a commitment on the part of the Applicant to pay for all expenses of the USDA
			 which are associated with the USDA's development of the Wildlife Hazard
			 Assessment.
9. Submit any other
			 information the Applicant deems relevant for the Department's review.