Ga. Comp. R. & Regs. R. 672-9-.06 - Construction or Establishment of Solid Waste Landfills Near Certain Public Airports

(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.

(c) The Department will acknowledge receipt of the above-listed documentation within fourteen (14) days of receipt. In such acknowledgement, the Department may request additional information or clarification from the applicant as the Department deems necessary. An application shall not be deemed submitted and complete until all required and requested information has been received by the Department, including the Wildlife Hazard Assessment.

(d) If the Department receives, within 30 days of the publication of the notice specified in (b)(3) of this rule, requests for a public hearing from at least twenty-five (25) persons who are residents of the State of Georgia, a governmental subdivision, or by an association having not less than 25 members, a public hearing shall be held in the county where the affected airport is located. The Department, in its sole discretion, may hold a public hearing in such county even if less than twenty-five (25) requests are received. All costs of providing notice of the hearing, conducting the hearing, and the cost of transcribing the hearing shall be borne by the Applicant.

(e) The criteria upon which the Department will evaluate any exemption request shall include, but not be limited to, the following:

1. Any adverse impact on aviation safety;

2. Other pre-existing natural features in the area of the affected airport that may adversely impact aviation safety;

3. Any adverse impact upon the users, owners, or managers of the affected airport, any military or other air facilities in the area of the affected airport, or citizens living in the vicinity of the affected airport;

4. Any adverse impact upon airports within a 60-mile radius of the affected airport;

5. Any adverse impact on safety of the traveling public of the State;

6. The affected airport's role in meeting the overall needs of the state-wide transportation system; and

7. Any adverse economic impact resulting from the foregoing criteria.

(f) The Department or its designee shall have forty-five (45) days to review the completed application and transcribed comments of any public hearing held and enter a written final determination that the Department will or will not request that the Administrator of the FAA exempt the landfill from AIR-21, including the reasons for the decision. The Department's final decision will be subject to judicial review as provided in the Georgia Administrative Procedure Act.

Notes

Ga. Comp. R. & Regs. R. 672-9-.06

O.C.G.A. Secs. 32-2-2(b), 32-9-8, 50-13-4.

Original Rule entitled "Construction or Establishment of Solid Waste Landfills Near Certain Public Airports" adopted. F. Jul. 12, 2013; eff. Aug. 1, 2013.