U.
S.
Department
of
Transportation
Federal
Aviation
Administration
Advisory
Circular
Subject:
CONSTRUCTION
OR
ESTABLISHMENT
OF
LANDFILLS
NEAR
PUBLIC
AIRPORTS
Date:
August
26,
2000
Initiated
by:
AAS­
300
AC
No:
150/
5200­
34
Change:

1.
Purpose.
This
advisory
circular
(AC)
contains
guidance
on
complying
with
new
Federal
statutory
requirements
regarding
the
construction
or
establishment
of
landfills
near
public
airports.

2.
Application.
The
guidance
contained
in
the
AC
is
provided
by
the
Federal
Aviation
Administration
(FAA)
for
use
by
persons
considering
the
construction
or
establishment
of
a
municipal
solid
waste
landfill
(MSWLF)
near
a
public
airport.
Guidance
contained
herein
should
be
used
to
comply
with
recently
enacted
MSWLF
site
limitations
contained
in
49
U.
S.
C.
§
44718(
d),
as
amended
by
section
503
of
the
Wendell
H.
Ford
Aviation
Investment
and
Reform
Act
for
the
21
st
Century,
Pub.
L.
No.
106­
181
(April
5,
2000),
"Structures
interfering
with
air
commerce."
In
accordance
with
§
44718(
d),
as
amended,
these
site
limitations
are
not
applicable
in
the
State
of
Alaska.

In
addition,
this
AC
provides
guidance
for
a
state
aviation
agency
desiring
to
petition
the
FAA
for
an
exemption
from
the
requirements
of
§
44718(
d),
as
amended.

3.
Related
Reading
Materials.

a.
AC
­
150/
5200­
33,
Hazardous
Wildlife
Attractions
On
or
Near
Airports,
May
1,
1997.
b.
Wildlife
Strikes
to
Civil
Aircraft
in
the
United
States
1990­
1998,
FAA
Wildlife
Aircraft
Strike
Database
Serial
Report
Number
5,
November
1998.
c.
Report
to
Congress:
Potential
Hazards
to
Aircraft
by
Locating
Waste
Disposal
Sites
in
the
Vicinity
of
Airports,
April
1996,
DOT/
FAA/
AS/
96­
1.
d.
Title
14,
Code
of
Federal
Regulation,
Part
139,
Certification
and
Operations:
Land
Airports
Serving
Certain
Air
Carriers.
e.
Title
40,
Code
of
Federal
Regulation,
Part
258,
Municipal
Solid
Waste
Landfill
Criteria.

Some
of
these
documents
and
additional
information
on
wildlife
management,
including
guidance
on
landfills,
are
available
on
the
FAA's
Airports
web
site
at
www.
faa.
gov/
arp/
arphome.
htm.
8/
26/
00
AC
150/
5200­
34
2
4.
Definitions.
Definitions
for
the
specific
purpose
of
this
AC
are
found
in
Appendix
1.

5.
Background.
The
FAA
has
the
broad
authority
to
regulate
and
develop
civil
aviation
under
the
Federal
Aviation
Act
of
1958,
49
U.
S.
C.
§
40101,
et.
seq.,
and
other
Federal
law.
In
section
1220
of
the
Federal
Aviation
Reauthorization
Act
of
1996,
Pub.
L.
No.
104­
264
(October
9,
1996),
the
Congress
added
a
new
provision,
section
(d),
to
49
U.
S.
C.
§
44718
to
be
enforced
by
the
FAA
and
placing
limitations
on
the
construction
or
establishment
of
landfills
near
public
airports
for
the
purposes
of
enhancing
aviation
safety.
Section
503
of
the
Wendell
H.
Ford
Aviation
Investment
and
Reform
Act
for
the
21
st
Century
(AIR­
21),
Pub.
L.
No.
106­
181
(April
5,
2000)
has
replaced
section
1220
of
the
1996
Reauthorization
Act,
49
U.
S.
C.
§
44718
(d),
with
new
language.
Specifically,
the
new
provision,
§
44718(
d),
as
amended,
was
enacted
to
further
limit
the
construction
or
establishment
of
a
MSWLF
near
certain
smaller
public
airports.

In
enacting
this
legislation,
Congress
expressed
concern
that
a
MSWLF
sited
near
an
airport
poses
a
potential
hazard
to
aircraft
operations
because
such
a
waste
facility
attracts
birds.
Statistics
support
the
fact
that
bird
strikes
pose
a
real
danger
to
aircraft.
An
estimated
87
percent
of
the
collisions
between
wildlife
and
civil
aircraft
occurred
on
or
near
airports
when
aircraft
are
below
2,000
feet
above
ground
level
(AGL).
Collisions
with
wildlife
at
these
altitudes
are
especially
dangerous
as
aircraft
pilots
have
minimal
time
to
recover
from
such
emergencies.

Databases
managed
by
FAA
and
the
United
States
Air
Force
show
that
more
than
54,000
civil
and
military
aircraft
sustained
reported
strikes
with
wildlife
from
1990
to
1999
(28,150
civil
strikes
and
25,853
military
strikes).
Between
1990­
1999,
aircraft­
wildlife
strikes
involving
U.
S.
civil
aircraft
result
in
over
$350
million/
year
worth
of
aircraft
damage
and
associated
losses
and
over
460,000
hours/
year
of
aircraft
down
time.

From
1990
to
1999,
waterfowl,
gulls
and
raptors
were
involved
in
77%
of
the
2,119
reported
damaging
aircraft­
wildlife
strikes
where
the
bird
was
identified.
Populations
of
Canada
geese
and
many
species
of
gulls
and
raptors
have
increased
markedly
over
the
last
several
years.
Further,
gulls
and
Canada
geese
have
adapted
to
urban
and
suburban
environments
and,
along
with
raptors
and
turkey
vultures,
are
commonly
found
feeding
or
loafing
on
or
near
landfills.

In
light
of
increasing
bird
populations
and
aircraft
operations,
the
FAA
believes
locating
landfills
in
proximity
to
airports
increases
the
risk
of
collisions
between
birds
and
aircraft.
To
address
this
concern,
the
FAA
issued
AC
150/
5200­
33,
Hazardous
Wildlife
Attractions
On
or
Near
Airports,
to
provide
airport
operators
and
aviation
planners
with
guidance
on
minimizing
wildlife
attractant.
AC
150/
5200­
33
recommends
against
locating
municipal
solid
waste
landfills
within
five
statute
miles
of
an
airport
if
the
landfill
may
cause
hazardous
wildlife
to
move
into
or
through
the
airport's
approach
or
departure
airspace.
8/
26/
00
AC
150/
5200­
34
3
6.
General.
Using
guidance
provided
in
the
following
sections,
persons
considering
construction
or
establishment
of
a
landfill
should
first
determine
if
the
proposed
facility
meets
the
definition
of
a
new
MSWLF
(see
Appendix
1).
Section
44718(
d),
as
amended,
applies
only
to
a
new
MSWLF.
It
does
not
apply
to
the
expansion
or
modification
of
an
existing
MSWLF,
and
does
not
apply
in
the
State
of
Alaska.
If
the
proposed
landfill
meets
the
definition
of
a
new
MSWLF,
its
proximity
to
certain
public
airports
(meeting
the
criteria
specified
in
Paragraph
8
below)
should
be
determined.
If
it
is
determined
that
a
new
MSWLF
would
be
located
within
six
miles
of
such
a
public
airport,
then
either
the
MSWLF
should
be
planned
for
an
alternate
location
more
than
6
miles
from
the
airport,
or
the
MSWLF
proponent
should
request
the
appropriate
State
aviation
agency
to
file
a
petition
for
an
exemption
from
the
statutory
restriction.

In
addition
to
the
requirements
of
§
44718(
d),
existing
landfill
restrictions
contained
in
AC
150/
5200­
33,
Hazardous
Wildlife
Attractions
On
or
Near
Airports
(see
Paragraph
5,
Background)
also
may
be
applicable.
Airport
operators
that
have
accepted
Federal
funds
have
obligations
under
Federal
grant
assurances
to
operate
their
facilities
in
safe
manner
and
must
comply
with
standards
prescribed
in
advisory
circulars,
including
landfill
site
limitations
contained
in
AC
150/
5200­
33.

7.
Landfills
Covered
by
the
Statute.
The
limitations
of
§
44718(
d),
as
amended,
only
apply
to
a
new
MSWLF
(constructed
or
established
after
April
5,
2000).
The
statutory
limitations
are
not
applicable
where
construction
or
establishment
of
a
MSWLF
began
on
or
before
April
5,
2000,
or
to
an
existing
MSWLF
(received
putrescible
waste
on
or
before
April
5,
2000).
Further,
an
existing
MSWLF
that
is
expanded
or
modified
after
April
5,
2000,
would
not
be
held
to
the
limitations
of
§
44718(
d),
as
amended.

8.
Airports
Covered
by
the
Statute.
The
statutory
limitations
restricting
the
location
of
a
new
MSWLF
near
an
airport
apply
to
only
those
airports
that
are
recipients
of
Federal
grants
(under
the
Airport
and
Airway
Improvement
Act
of
1982,
as
amended,
49
U.
S.
C.
§
47101,
et
seq.)
and
to
those
that
primarily
serve
general
aviation
aircraft
and
scheduled
air
carrier
operations
using
aircraft
with
less
than
60
passenger
seats.

While
the
FAA
does
not
classify
airports
precisely
in
this
manner,
the
FAA
does
categorize
airports
by
the
type
of
aircraft
operations
served
and
number
of
annual
passenger
enplanements.
In
particular,
the
FAA
categorizes
public
airports
that
serve
air
carrier
operations.
These
airports
are
known
as
commercial
service
airports,
and
receive
scheduled
passenger
service
and
have
2,500
or
more
enplaned
passengers
per
year.

One
sub­
category
of
commercial
service
airports,
nonhub
primary
airports,
closely
matches
the
statute
requirement.
Nonhub
primary
airports
are
defined
as
commercial
service
airports
that
enplane
less
than
0.05
percent
of
all
commercial
passenger
enplanements
(0.05
percent
equated
to
328,344
enplanements
in
1998)
but
more
than
10,000
annual
enplanements.
While
these
enplanements
consist
of
both
large
and
small
air
carrier
operations,
most
are
conducted
in
aircraft
with
less
than
60
seats.
These
airports
also
are
heavily
used
by
general
aviation
aircraft,
with
an
average
of
81
based
aircraft
per
nonhub
primary
airport.
8/
26/
00
AC
150/
5200­
34
4
In
addition,
the
FAA
categorizes
airports
that
enplane
2,500
to
10,000
passengers
annually
as
non­
primary
commercial
service
airports,
and
those
airports
that
enplane
2,500
or
less
passengers
annually
as
general
aviation
airports.
Both
types
of
airports
are
mainly
used
by
general
aviation
but
in
some
instances,
they
have
annual
enplanements
that
consist
of
scheduled
air
carrier
operations
conducted
in
aircraft
with
less
than
60
seats.
Of
the
non­
primary
commercial
service
airports
and
general
aviation
airports,
only
those
that
have
scheduled
air
carrier
operations
conducted
in
aircraft
with
less
than
60
seats
would
be
covered
by
the
statute.
The
statute
does
not
apply
to
those
airports
that
serve
only
general
aviation
aircraft
operations.

To
comply
with
the
intent
of
the
statute,
the
FAA
has
identified
those
airports
classified
as
nonhub
primary,
non­
primary
commercial
service
and
general
aviation
airports
that:

1.
Are
recipients
of
Federal
grant
under
49
U.
S.
C.
§
47101,
et.
seq.;
2.
Are
under
control
of
a
public
agency;
3.
Serve
some
scheduled
air
carrier
operations
conducted
in
aircraft
with
less
than
60
seats;
and
4.
Have
total
annual
enplanements
consisting
of
at
least
51%
of
scheduled
air
carrier
enplanements
conducted
in
aircraft
with
less
than
60
passenger
seats.

Persons
considering
construction
or
establishment
of
a
new
MSWLF
should
contact
the
FAA
to
determine
if
an
airport
within
six
statute
miles
of
the
new
MSWLF
meets
these
criteria
(see
paragraph
11
below
for
information
on
contacting
the
FAA).
If
the
FAA
determines
the
airport
does
meet
these
criteria,
then
§
44718(
d),
as
amended,
is
applicable.

An
in­
depth
explanation
of
how
the
FAA
collects
and
categorizes
airport
data
is
available
in
the
FAA's
National
Plan
of
Integrated
Airport
Systems
(NPIAS).
This
report
and
a
list
of
airports
classified
as
nonhub
primary,
non­
primary
commercial
service
and
general
aviation
airports
(and
associated
enplanement
data)
are
available
on
the
FAA's
Airports
web
site
at
http://
www.
faa.
gov/
arp/
410home.
htm.

9.
Separation
distance
measurements.
Section
44718(
d),
as
amended,
requires
a
minimum
separation
distance
of
six
statute
miles
between
a
new
MSWLF
and
a
public
airport.
In
determining
this
distance
separation,
measurements
should
be
made
from
the
closest
point
of
the
airport
property
boundary
to
the
closest
point
of
the
MSWLF
property
boundary.
Measurements
can
be
made
from
a
perimeter
fence
if
the
fence
is
co­
located,
or
within
close
proximity
to,
property
boundaries.
It
is
the
responsibility
of
the
new
MSWLF
proponent
to
determine
the
separation
distance.

10.
Exemption
Process.
Under
§
44718(
d),
as
amended,
the
FAA
Administrator
may
approve
an
exemption
from
the
statute's
landfill
location
limitations.
Section
44718(
d),
as
amended,
permits
the
aviation
agency
of
the
state
in
which
the
airport
is
located
to
request
such
an
exemption
from
the
FAA
Administrator.
Any
person
desiring
8/
26/
00
AC
150/
5200­
34
5
such
an
exemption
should
contact
the
aviation
agency
in
the
state
in
which
the
affected
airport
is
located.
A
list
of
state
aviation
agencies
and
contact
information
is
available
at
the
National
Association
of
State
Aviation
Officials
(NASAO)
web
site
at
www.
nasao.
org
or
by
calling
NASAO
at
(301)
588­
1286.

A
state
aviation
agency
that
desires
to
petition
the
FAA
for
an
exemption
should
notify
the
Regional
Airports
Division
Manager,
in
writing,
at
least
60
days
prior
to
the
establishment
or
construction
of
a
MSWLF.
The
petition
should
explain
the
nature
and
extent
of
relief
sought,
and
contain
information,
documentation,
views,
or
arguments
that
demonstrate
that
an
exemption
from
the
statute
would
not
have
an
adverse
impact
on
aviation
safety.
Information
on
contacting
FAA
Regional
Airports
Division
Managers
can
be
found
on
the
FAA's
web
site
at
www.
faa.
gov.

After
considering
all
relevant
material
presented,
the
Regional
Airports
Division
Manager
will
notify
the
state
agency
within
30
days
whether
the
request
for
exemption
has
been
approved
or
denied.
The
FAA
may
approve
a
request
for
an
exemption
if
it
is
determined
that
such
an
exemption
would
have
no
adverse
impact
on
aviation
safety.

11.
Information.
For
further
information,
please
contact
the
FAA's
Office
of
Airport
Safety
and
Standards,
Airport
Safety
and
Certification
Branch,
at
(800)
842­
8736,
Ext.
73085
or
via
email
at
WebmasterARP@
faa.
gov.
Any
information,
documents
and
reports
that
are
available
on
the
FAA
web
site
also
can
be
obtained
by
calling
the
toll­
free
telephone
number
listed
above.

DAVID
L.
BENNETT
Director,
Office
of
Airport
Safety
and
Standards
8/
26/
00
AC
150/
5200­
34
Appendix
1
6
APPENDIX
1.
DEFINITIONS.

The
following
are
definitions
for
the
specific
purpose
of
this
advisory
circular.

a.
Construct
a
municipal
solid
waste
landfill
means
excavate
or
grade
land,
or
raise
structures,
to
prepare
a
municipal
solid
waste
landfill
as
permitted
by
the
appropriate
regulatory
or
permitting
authority.

b.
Establish
a
municipal
solid
waste
landfill
(MSWLF)
means
receive
the
first
load
of
putrescible
waste
on
site
for
placement
in
a
prepared
municipal
solid
waste
landfill.

c.
Existing
municipal
solid
waste
landfill
(MSWLF)
means
a
municipal
solid
waste
landfill
that
received
putrescible
waste
on
or
before
April
5,
2000.

d.
General
aviation
aircraft
means
any
civil
aviation
aircraft
not
operating
under
14
C.
F.
R.
Part
119,
Certification:
Air
carriers
and
commercial
operators.

e.
Municipal
solid
waste
landfill
(MSWLF)
means
publicly
or
privately
owned
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
under
40
C.
F.
R.
§
257.2.
A
MSWLF
may
receive
other
types
of
RCRA
subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
small
quantity
generator
waste
and
industrial
solid
waste,
as
defined
under
40
C.
F.
R.
§
258.2.
A
MSWLF
may
consist
of
either
a
standalone
unit
or
several
cells
that
receive
household
waste.

f.
New
municipal
solid
waste
landfill
(MSWLF)
means
a
municipal
solid
waste
landfill
that
was
established
or
constructed
after
April
5,
2000.

g.
Person(
s)
means
an
individual,
firm,
partnership,
corporation,
company,
association,
joint­
stock
association,
or
governmental
entity.
It
includes
a
trustee,
receiver,
assignee,
or
similar
representative
of
any
of
them
(14
C.
F.
R.
Part
1).

h.
Public
agency
means
a
State
or
political
subdivision
of
a
State;
a
tax­
supported
organization;
or
an
Indian
tribe
or
pueblo
(49
U.
S.
C.
§
47102(
15)).

i.
Public
airport
means
an
airport
used
or
intended
to
be
used
for
public
purposes
that
is
under
the
control
of
a
public
agency;
and
of
which
the
area
used
or
intended
to
be
used
for
landing,
taking
off,
or
surface
maneuvering
of
aircraft
is
publicly
owned
(49
U.
S.
C.
§
47102(
16)).

j.
Putrescible
waste
means
solid
waste
which
contains
organic
matter
capable
of
being
decomposed
by
micro­
organisms
and
of
such
a
character
and
proportion
as
to
be
capable
of
attracting
or
providing
food
for
birds
(40
C.
F.
R.
§
257.3­
8).

k.
Scheduled
air
carrier
operation
means
any
common
carriage
passenger­
carrying
operation
for
compensation
or
hire
conducted
by
an
air
carrier
or
commercial
operator
for
8/
26/
00
AC
150/
5200­
34
Appendix
1
7
which
the
air
carrier,
commercial
operator,
or
their
representatives
offers
in
advance
the
departure
location,
departure
time,
and
arrival
location.
It
does
not
include
any
operation
that
is
conducted
as
a
supplemental
operation
under
14
C.
F.
R.
Part
119,
or
is
conducted
as
a
public
charter
operation
under
14
C.
F.
R.
Part
380
(14
C.
F.
R.
§
119.3).

l.
Solid
waste
means
any
garbage,
or
refuse,
sludge
from
a
wastewater
treatment
plant,
water
supply
treatment
plant,
or
air
pollution
control
facility
and
other
discarded
material,
including
solid,
liquid,
semi­
solid,
or
contained
gaseous
material
resulting
from
industrial,
commercial,
mining,
and
agricultural
operations,
and
from
community
activities,
but
does
not
include
solid
or
dissolved
materials
in
domestic
sewage,
or
solid
or
dissolved
materials
in
irrigation
return
flows
or
industrial
discharges
that
are
point
sources
subject
to
permit
under
33
U.
S.
C.
§
1342,
or
source,
special
nuclear,
or
byproduct
material
as
defined
by
the
Atomic
Energy
Act
of
1954,
as
amended
(68
Stat.
923)
(40
C.
F.
R.
§
258.2).
