(1) The owner or operator of a new or existing Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, that is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by only piston-type aircraft shall submit for department approval a demonstration that the unit is designed and operated so that the landfill unit does not pose a bird hazard to aircraft. For a new Class II landfill unit, or a lateral expansion of an existing Class II landfill unit, the demonstration must be submitted with the application for license. For an existing Class II landfill unit for which the demonstration has not been submitted and approved, the owner or operator shall submit the demonstration to the department for approval within 60 days after being requested to do so by the department.

(2) The owner or operator shall place the demonstration required in (1) in the operating record and notify the department that it has been placed in the operating record.

(3) An owner or operator proposing to site a new Class II landfill unit, or lateral expansion of an existing Class II landfill unit, within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft shall notify the manager of the affected airport and the Federal Aviation Administration (FAA) of the proposal.