SUPPORTING
DOCUMENT
NO.
1
Wendell
H.
Ford
Aviation
Investment
and
Reform
Act
for
the
21
st
Century
Public
Law
No.
106­
181
Section
503
(49
USC
44718)

Note:
Exact
text
retyped
from
original
statute.
Wendell
H.
Ford
Aviation
Investment
and
Reform
Act
for
the
21
st
Century,
Pub.
L.
No.
106­
181
SEC.
503.
LANDFILLS
INTERFERING
WITH
AIR
COMMERCE.

(a)
FINDINGS.–
Congress
finds
that–
(1)
collisions
between
aircraft
and
birds
have
resulted
in
fatal
accidents;
(2)
bird
strikes
pose
a
special
danger
to
smaller
aircraft;
(3)
landfills
near
airports
pose
a
potential
hazard
to
aircraft
operating
there
because
they
attract
birds;
(4)
even
if
the
landfill
is
not
located
in
the
approach
path
of
the
airport's
runway,
it
still
poses
a
hazard
because
of
the
birds'
ability
to
fly
away
from
the
landfill
and
into
the
path
of
oncoming
planes;
(5)
while
certain
mileage
limits
have
the
potential
to
be
arbitrary,
keeping
landfills
at
least
6
miles
away
from
an
airport,
especially
an
airport
served
by
small
planes,
is
an
appropriate
minimum
requirement
for
aviation
safety;
and
(6)
closure
of
existing
landfills
(due
to
concerns
about
aviation
safety)
should
be
avoided
because
of
the
likely
disruption
to
those
who
use
and
depend
on
such
landfills.
(b)
LIMITATION
ON
CONSTRUCTION.–
Section
44718(
d)
is
amended
to
read
as
follows:
"(
d)
LIMITATION
ON
CONSTRUCTION
OF
LANDFILLS.–
"(
1)
IN
GENERAL.–
No
person
shall
construct
or
establish
a
municipal
solid
waste
landfill
(as
defined
in
section
258.2
of
title
40,
Code
of
Federal
Regulations,
as
in
effect
on
the
date
of
the
enactment
of
thus
subsection)
that
receives
putrescible
waste
(as
defined
in
section
257.3–
8
of
such
title)
within
6
miles
of
a
public
airport
that
has
received
grants
under
chapter
471
and
is
primarily
served
by
general
aviation
aircraft
and
regularly
scheduled
flights
of
aircraft
designed
for
60
passengers
or
less
unless
the
State
aviation
agency
of
the
State
in
which
the
airport
is
located
requests
that
the
Administrator
of
the
Federal
Aviation
Administration
exempt
the
landfill
from
the
application
of
this
subsection
and
the
Administrator
determines
that
such
exemption
would
have
no
adverse
impact
on
aviation
safety.
"(
2)
LIMITATION
ON
APPLICABILITY.–
Paragraph
(1)
shall
not
apply
in
the
State
of
Alaska
and
shall
not
apply
to
the
construction,
establishment,
expansion,
or
modification
of,
or
to
any
other
activity
undertaken
with
respect
to,
a
municipal
solid
waste
landfill
if
the
construction
or
establishment
of
the
landfill
was
commenced
on
or
before
the
date
of
the
enactment
of
this
subsection.".
(c)
CIVIL
PENALTY
FOR
VIOLATIONS
OF
LIMITATION
ON
CONSTRUCTION
OF
LANDFILLS.–
Section
46301(
a)(
3)
is
amended–
(1)
in
subparagraph
(A)
by
striking
"or"
at
the
end;
(2)
in
subparagraph
(B)
by
striking
the
period
at
the
end
and
inserting
a
semicolon;
and
(3)
by
adding
at
the
end
the
following:
"(
C)
a
violation
of
section
44718(
d),
relating
to
the
limitation
on
construction
or
establishment
of
landfills;".

49
USC
44718
