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 December 18, 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:
(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:
(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.
O.C.G.A. Secs. 32-2-2(b), 32-9-8, 50-13-4.