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10 GCA Chapter 51:
Solid Waste Management and Litter Control Act

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The Solid Waste Management and Litter Control Act was enacted in its present form in 1995 by Public Law 23-64. Article 2 was further amended by Public Law 25-170 in October 2000 (not yet codified). It outlines procedures for closing the Ordot dump and developing a solid waste management plan. Additionally, the Act describes prohibited solid waste activities and establishes the solid waste permit program.

The full text of this law is included on this site for reference purposes only. Any questions about interpretation of these regulations should be directed to appropriate Guam EPA staff.

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CHAPTER 51 Solid Waste Management and Litter Control

        NOTE: Chapter 51 was repealed and reenacted by P.L. 17-87. 

           Further repealed and reenacted by P.L. 23-64:1.



Article      1       Solid Waste Management.

                2       Litter Control.

                3       Annual Contract for Scrap Removal.   (included only in PDF Version)





Article 1 Solid Waste Management



§51101. Findings of Necessity and Declaration of Purposes.

§51102. Definitions.

§51103. Powers and Duties.

§51104. Permits.

§51105. Permit Fees.

§51106. Inspections.

§51107. Inspection Fees.

§51108. Notice.

§51109. Hearings.

§51110. Prohibited Solid Waste Activities.

§51111. Prohibited Hazardous Waste Activities.

§51112. Injunction.

§51113. Plats.

§51114. Applicability to Government Agencies.

§51115. Penalties.

§51116. Citizen's Suits.

§51117. Solid Waste Management Fund.

§51118. Tipping/User Fees and Solid Waste Operations Fund.

§51119. The Solid Waste Management Plan.



  §51101. Legislative Findings. (a) The Guam Legislature finds:



                (1) the Ordot Landfill is a threat to the health and 

        safety of the residents of Guam, and specifically for the 

        residents of Ordot-Chalan Pago, Yona and the villages 

        downriver and downwind;



                (2) solid waste collection and disposal on Guam does 

        not adequately eliminate the threat that improperly disposed 

        solid waste poses to the health, safety, and welfare of Guam 

        residents;



                (3) under the Government of Guam Property Act, the 

        Ordot Landfill shall be converted to a public park after it is 

        closed in accordance with applicable U.S. E.P.A. and 

        government of Guam regulations.  In order to protect the 

        health and welfare of the residents of Chalan Pago-Ordot and 

        the people of Guam, the Agency shall monitor the landfill on 

        an on-going basis for compliance with this Section and take 

        proper measures to mitigate environmental damage;



                (4) the Ordot Landfill reached its capacity in the 

        1990's, and the closure of the dump is necessary in order to 

        eliminate this existing serious environmental hazard.  The 

        dump should be converted to a public park;



                (5) even with closure of the Ordot Landfill and 

        construction of a new landfill at the same or any other site, 

        landfilling cannot continue as the sole method of waste 

        disposal for Guam due to the shortage of land on Guam, and the 

        general aversion of any community to the location of a 

        landfill within their proximity;



                (6) it is in the best interest of the government to 

        privatize through free and fair competition, the solid waste 

        management operations of the Island, from collection to 

        disposal, without jeopardizing the job security for the 

        employees of the Solid Waste Management Division of the 

        Department of Public Works as well as the private businesses 

        currently engaged in solid waste collection, recycling and 

        other solid waste management operations;



                (7) it is in the best interest of the government to 

        establish a funding procedure or financial arrangement which 

        will pay for operations and meet the requirements for a 

        totally funded program for solid waste management;



                (8) Guam contains approximately 215 square miles of 

        landmass. Over half of that mass is located over the northern 

        Guam Lens, a pure groundwater resource that requires 

        protection. Thus, any landfill more likely should be located 

        in southern Guam, south of a line running approximately from 

        Cabras Island to Pago Bay.  With the pristine south already 

        imposed upon by this geological and environmental constraint, 

        and in order to protect the cultural traditional nature of the 

        villages in the south and the unique environments there, a 

        source and waste disposal reduction policy shall be 

        implemented to minimize the requirement for landfilling;



                (9) source reduction shall include a conservation and 

        recycling program.  It shall also consider the disposal of 

        green waste through mulching or composting, or the recovery of 

        resources through recycling of the green waste.  Construction 

        or demolition waste and metallic debris shall be addressed 

        alternately, and the alternate plan should include hardfilling 

        or quarrying, recycling or disposal other than at the 

        landfill.  Rubber tires, rubber products, and batteries shall 

        be addressed and recycled, recovered or disposed of at 

        alternate sites;



                (10) a solid waste management plan for Guam shall 

        address typhoon and other disaster recovery; it is estimated 

        that Super Typhoon Paka produced over 750,000 cubic yards of 

        waste, which should be recycled or disposed of; Guam is in 

        the typhoon belt; in an active volcanic range; and, an active 

        seismic zone so disasters will happen on a regular basis;



                (11) the Guam Legislature further finds that while 

        other communities with alternative sites for landfilling enjoy 

        the option of not paying for source reduction and resource 

        recovery, we must establish a Guam site-specific solid waste 

        management policy, because we have very limited alternative 

        acceptable sites for future disposal requirements;



                (12) in 1983, the Guam Environmental Protection Agency 

        (‘GEPA') adopted a Solid Waste Management Plan for Guam and 

        also adopted regulations for solid waste collection and 

        disposal;



                (13) the government must now establish an updated 

        Solid Waste Management Plan (‘SWMP' or the ‘Plan'), which 

        shall include the closure and beneficial use of the Ordot 

        Landfill, the privatization of the complete solid waste 

        program, including landfill operations and provisions for job 

        protection for the employees of the Solid Waste Division, 

        source reduction, recycling, composting, resource recovery, 

        waste reduction and regulated landfill disposal in an 

        integrated program for solid waste collection and disposal, 

        and the funding for the Plan.  The SWMP shall also address 

        construction debris or demolition waste; metallic debris; 

        tires; waste oil; household hazardous waste; abandoned 

        vehicles and other bulky metallic waste; white goods, such as 

        washers, dryers and refrigerators; and green waste, which may 

        be useful in some form, but unnecessarily contribute to 

        landfill volume;



                (14) the Department of Public Works shall implement 

        the updated Solid Waste Management Plan, as approved by the 

        Guam Legislature, regulated by GEPA;

        

                (15) any and all solid waste handling and disposal 

        contemplated by and authorized under this Act shall obtain and 

        operate under any and all permits required by laws, rules and 

        regulations applicable to Guam; and



                (16) The government of Guam shall not direct or 

        regulate existing permitted private entities actively engaged 

        in solid waste collection or recycling beyond the scope and 

        extent of Federal statutory and regulatory requirements.  The 

        standings of such private businesses  permitted to actively 

        engage in solid waste collection shall be given maximum 

        protection and support under this Act to promote their 

        viability and longevity under a free enterprise system.



        (b) The purposes of this Chapter are to:



                (1) plan for and regulate the storage, collection, 

        transportation, separation, processing and disposal of solid 

        waste to protect the public safety, health and welfare, and to 

        enhance the environment of the people of Guam;

        

                (2) provide the authority and resources, including 

        funding to plan for, establish, finance, operate and maintain 

        efficient, environmentally acceptable solid waste management 

        systems, privatized, but administered by the Department of 

        Public Works and regulated by GEPA;



                (3) privatize Guam's Solid Waste Management System 

        (‘SWMS') subject to all applicable laws and Public Law Number 

        24-06;



                (4) establish the SWMS to be operated by private 

        ventures, entities or individuals, to promote land 

        conservation by limiting landfilling requirements consistent 

        with the SWMP, and to establish as a limit the reusing, 

        recycling and composting of no less than  twenty percent (20%) 

        of the total solid waste generated on Guam from all sources 

        within the time frame established by the Plan and a 

        comprehensive solid waste disposal and resource recovery 

        program that ultimately will minimize Guam's need for 

        additional landfills beyond replacing the Ordot Landfill; 

        quantitative factors to meet such an objective shall be 

        specified and substantiated in the SWMP;



                (5) continue authority to regulate solid waste storage 

        practices within the Department of Public Health and Social 

        Services pursuant to Chapter 33 of this Title and, where 

        applicable, establish such authority in the Department of 

        Public Works to insure that such practices do not constitute a 

        danger to human health, safety and welfare;



                (6) continue authority in GEPA to review the design of 

        and to issue permits for the operation of solid waste 

        collection, transport, processing and disposal activities;



                (7) continue authority in GEPA to undertake a 

        comprehensive investigation of and set minimum standards for 

        the transportation, processing, storage, treatment, and 

        disposal of hazardous waste, and conduct surveys for special 

        disposal facilities for hazardous waste, to protect public 

        health, other living organisms and the environment through an 

        effective and efficient hazardous waste management system;



                (8) continue authority in GEPA to establish and 

        implement an  enforcement system to prevent the improper 

        disposal of solid waste;



                (9) promote the application of a Solid Waste 

        Management System which preserves and enhances the quality of 

        air, water and land resources;



                (10) promote and assist in the development of markets 

        for recovered and recycled materials;



                (11) support and encourage the rapid and efficient 

        removal, recycling, processing, or disposal of abandoned 

        vehicles and other bulky waste, and to assure that the 

        recovery of resources is facilitated;



                (12) authorize the closure and beneficial use of the 

        Ordot Landfill site, and promote, assist and support the 

        construction and operation of a privatized sanitary landfill, 

        resource recovery and other solid waste management facilities;



                (13) require consideration and evaluation of treatment 

        of bottom and fly ash generated from resource recovery 

        facilities that any municipal solid waste incinerator company 

        which operates a facility which generates bottom and fly ash 

        or waste ash shall be responsible for the collection and 

        disposal thereof and cost of the collection and disposal 

        thereof; and



                (14) authorize GEPA to establish such advisory 

        committees as are necessary to carry out its planning and 

        solid waste management responsibilities; the committees shall 

        include but limited to representatives of GEPA, DPW, the 

        Department of Public Health and Social Services, collectors, 

        operators, applicable Federal agencies, educational/

        environmental groups and the public at large.



        SOURCE: Repealed and reenacted by P.L. 24-139:2. Repealed and 

           reenacted by P.L. 24-272:1.                      Top of the page.



  §51102. Definitions. For the purpose of this Chapter, the 

following words and phrases shall have the meanings given herein, 

unless their use in the text of the Chapter clearly demonstrates a 

different meaning.



        (1) Administrator means the Administrator of GEPA or his 

designee.



        (2) Agency means GEPA.



        (3) Best public interest means any activity which: lessens the 

demand for landfill sites, conserves land resources and serves to 

insure proper, cost effective and environmentally sound disposal of 

solid waste; and, does not pose health risks to human life or endanger 

plant and animal life.



        (4) Board means the Board of Directors of GEPA.



        (5) Business means and includes any activity or conduct, 

whether proprietary, partnerships, corporate or whatever form, engaged 

in, or caused to be engaged in, with the object of gain or economic 

benefit, either direct or indirect, but shall not include casual 

sales, personal service contracts, fundraising activities by political 

candidates or the activities of non-profit associations.



        (6) Collection or Collect means the act of removing solid 

waste from a generator.



        (7) Collector means any individual, governmental organization 

or business which has received a permit to collect and transport waste 

in accordance with applicable laws and regulations.



        (8) Combustion means to thermally break down certain types of 

solid waste in an enclosed device using controlled temperatures.



        (9) Composting means the controlled degradation of organic 

solid waste.



        (10) Department means the Department of Public Works (‘DPW').



        (11) Director means the Director of DPW.



        (12) Disposal means the discharge, deposit, injection, 

dumping, spilling, leaking, or placing of any solid waste or hazardous 

waste into or on any land or water so that such solid waste or 

hazardous waste or any constituent thereof may enter the environment 

or be emitted into the air or discharged into any waters, including 

ground water.



        (13) Division means the Division of Solid Waste Management of 

the DPW.



        (14) Dump means a land site where solid waste is disposed 

without a valid permit or a landfill that has historically been in 

regulatory noncompliance.



        (15) Dwelling means a building or portion thereof designed 

exclusively for residential occupancy by one (1) family for living and 

sleeping purposes and not to exceed two (2) dwelling units.



        (16) Dwelling unit means one (1) or more rooms and a single 

kitchen in a dwelling, designed as a unit for occupancy by one (1) 

family for living and sleeping purposes.



        (17) Financial assurance means a financial guarantee assuring 

that funds are available to pay for the design, construction, 

operation and closure of a solid waste landfill facility, for 

rendering post-closure at a solid waste landfill facility, for 

corrective action and to compensate third parties for bodily injury 

and property damage caused by sudden and non-sudden accidents related 

to the operation of a solid waste landfill facility.



        (18) Generator means any person that generates or produces 

solid waste.



        (19) Government means the government of Guam, all of its 

agencies, whether line or autonomous, and all public corporations.



        (20) Hardfill means a method of compaction and earth cover of 

solid waste, other than those containing garbage or other putrescible 

(putrescent) waste, including, but not limited to, demolition waste 

and like waste not constituting a health or nuisance hazard, where 

cover need not be applied on a per day used basis.



        (21) Hazardous Waste means any material or substance which, by 

reason of its composition or characteristics,



                (i) is hazardous waste as defined in the Solid Waste 

        Disposal Act, 42 USC §6901, et seq., as amended, replaced or 

        superseded and the regulations implementing same,

        

                (ii) is a hazardous substance as defined by the 

        Comprehensive Environmental Response, Compensation and 

        Liability Act of 1980, 42 USC § 9601, et seq.,



                (iii) is material the disposal of which is regulated 

        by the Toxic Substances Control Act, 15 USC § 2601, et seq., 

        as amended, replaced or superseded, and the regulations 

        implementing same,



                (iv) is special nuclear or by-products material within 

        the meaning of the Atomic Energy Act of 1954,



                (v) is pathological, infectious or biological waste,



                (vi) is treated as hazardous waste or as a hazardous 

        substance under applicable law,



                (vii) requires a hazardous waste or similar permit for 

        its storage, treatment, incineration of disposal,



                (viii) may cause or significantly contribute to an

        increase in mortality or an increase in serious irreversible, 

        or incapacitating reversible illness, or



                (ix) may pose a substantial present or potential 

        hazard to human health or the environment when improperly 

        treated, stored, transported or disposed of, or otherwise 

        damaged.



        (22) Highway means the entire width between the boundary lines 

of every right-of-way or publicly maintained travel ways when any part 

thereof is open to the use of the public for purposes of vehicular 

travel.



        (23) Incinerator means an enclosed device using controlled 

flame combustion, the primary purpose of which is to thermally break 

down solid waste.



        (24) Multi-family dwelling means a building containing three 

(3) or more dwellings.



        (25) Office means the Office of Recycling of the Division.



        (26) Operator means any person who accepts solid waste from a 

collector for transfer, storage, recycling, combustion, processing or 

disposal.



        (27) Performance bond means a security for financial loss 

caused by the act or default performance of a person or by 

uncontrollable conditions.



        (28) Person means any individual, partnership, co-partnership, 

firm, company, corporation, association, joint stock company, trust, 

estate, or any agency, department, or instrumentality of the Federal 

or local government, or any other legal representatives, agents or 

assigns.



        (29) Plan means the interim or final Solid Waste Management 

Plan (‘SWMP') to be prepared and adopted by the Agency in accordance 

with the Administrative Adjudication Law.



        (30) Plasma torch heating technology means converting 

electrical energy into heat energy producing clean fuel gas and 

recyclable slag.



        (31) Plasma Remediation In-Situ Materials ('PRISM') means a 

plasma torch technology process that melts down and converts landfill 

material into slag and fuel gas.



        (32) Pollution means the condition caused by the presence in 

the environment of substances of such character and in such quantities 

that the quality of the environment is impaired or rendered offensive 

to life.



        (33) Processing means any method, system or other treatment 

designed to change the physical, chemical or biological character or 

composition of any solid waste.  This includes the neutralization of 

any hazardous waste; the rendering of any hazardous waste non-

hazardous, safer for transport, amenable for recovery, amenable for 

storage or reduced in volume; or any other activity or processing 

designed to change the physical form or chemical composition of 

hazardous waste so as to render it non-hazardous.



        (34) Recyclable materials includes the following materials 

discarded from households, businesses, commercial and industrial 

establishments, hotels, government, agricultural, landscaping, yard 

maintenance and military operations which may be reused or for which a 

market exists:



                (i) aluminum means any product manufactured of 

        aluminum or aluminum alloy;



                (ii) battery means any lead acid battery or dry cell 

        battery discarded on Guam, independent of intended use;



                (iii) biomass means any large biomass source, such as 

        trees, wood, grass, hedge cuttings, jungle growth, yard waste 

        and sewage sludge;



                (iv) construction debris means the materials from 

        building construction;



                (v) corrugated cardboard means kraft, jute or test 

        liner pulp which is made by combining two (2) or more webs of 

        paper and formed or shaped into wrinkles or folds or into 

        alternate ridges and grooves;



                (vi) demolition waste means the materials obtained 

        from the demolishment or razing of buildings;



                (vii) glass means any product manufactured from a 

        mixture of silicates, borates or phosphates;



                (viii) metal scrap means any metal, in whole or in 

        parts, from buildings, equipment, machinery or vehicles;



                (ix) newspaper means a publication which is 

        distributed and contains news articles, opinions, features, 

        and advertising and is printed on impermanent wood pulp 

        materials;



                (x) office paper means computer paper and white and 

        colored ledger paper;



                (xi) used oil means any petroleum-based, mineral, or 

        synthetic oil which through use, storage or handling has 

        become unsuitable for its original purpose due to the presence 

        of impurities or loss of original properties; and



                (xii) such other materials which the Department 

        determines, from time to time, may be recycled.



        (35) Recycle or Recycling means the method by which recovered 

resources are converted for use as raw material or feedstock to make 

new products.



        (36) Recycling Officer means the head of the Office of 

Recycling.



        (37) Resource recovery means the process of recovering 

recyclable materials or the recovery of energy from solid waste.



        (38) Resource Recovery Facility (‘RRF') is a facility which 

recovers for sale or reuse of recyclable materials.



        (39) Reusing means the reintroduction of a commodity in the 

economic stream without any changes.



        (40) Sanitary landfill means an approved site where solid 

waste and ash are disposed using modern sanitary landfilling 

techniques in accordance with Federal and local regulations.



        (41) Sanitary landfilling means an engineered method of 

disposing of solid waste on land in accordance with Federal and local 

regulations in a manner that protects the environment by spreading the 

waste in thin layers, compacting it to the smallest practical volume, 

and covering it with approved material at the end of each working day.



        (42) Separation means the systematic division of solid waste 

into designated components.



        (43) Solid waste means any garbage, refuse or sludge from a 

waste treatment plant, water supply treatment plant, or air pollution 

control facility and other discarded and/or spilled materials, 

including solid, liquid, semisolid or contained gaseous material 

resulting from industrial, mining, commercial, and agriculture 

operations, and from community activities, but does not include solid 

or dissolved material in domestic sewage, or solid or dissolved 

materials in irrigation return flows or industrial discharges which 

are point sources subject to permits under §402 of the Federal Water 

Pollution Control Act, as amended (68 Stat. 880), or source, special 

nuclear, or by-product material as defined by the Atomic Energy Act of 

1954, as amended (68 Stat. 923).



        (44) Solid waste management means the purposeful, systematic 

control of the generation, storage, collection, transportation, 

separation, processing and disposal of solid waste.



        (45) Solid waste management facilities means any facility, or

any machinery, equipment, vehicles, structures or any part of 

accessories thereof installed or acquired for the primary purpose of:  

collection, transportation, storage, recycling, processing or disposal 

of solid waste, and shall include sanitary landfills, resource 

recovery facilities, or plasma torch.



        (46) Solid Waste Management Plan means a comprehensive plan 

and all amendments and revisions thereto for provisions of solid waste 

management throughout Guam.



        (47) Solid waste management practices means the actions to 

effectuate the generation, storage, collection, transportation, 

processing, recycling, incineration, plasma torch or  resource 

recovery or disposal of solid waste.



        (48) Solid Waste Management System (‘SWMS') means the entire 

system covered in the SWMP and designated by the Director for the 

storage, collection, generation, transportation, processing, 

recycling, incineration, plasma torch and disposal of solid waste 

within Guam.



        (49) Source separated waste means recyclable materials which 

are set aside by the generator for segregated collection and transport 

to solid waste management facilities.



        (50) Storage means the interim containment of solid waste in 

accordance with Federal and local regulations.



        (51) Transfer station shall mean any intermediate waste 

facility in which solid waste collected from any source is temporarily 

deposited and stored while awaiting transportation to another solid 

waste management facility.



        (52) Duplex means a residential building containing two (2) 

separate dwelling units either side by side or one above the other.



        (53) Single Family Residence means a detached building 

designed for and/or occupied exclusively by one (1) family, or one (1) 

of two (2) dwelling units on a duplex.



        SOURCE: Repealed and reenacted by P.L. 24-139:3. Repealed and 

           reenacted by P.L. 24-272:1. Subsection (17) repealed and 

           reenacted by P.L. 24-309:2. Subsection (52) added by P.L. 

           25-93:12. Subsection (53) added by P.L. 25-93:13.                   Top of the page.



  §51103. Powers and Duties of the Agency and the Department. 

(a) The Agency shall have the authority under this Act and other laws 

of Guam, pursuant to the Administrative Adjudication Law, to:



                (1) prepare and adopt in accordance with the 

        Administrative Adjudication Law an interim Solid Waste 

        Management Plan, consistent with the provisions of this Act, 

        within one hundred eighty (180) days of the effective date of 

        this Act;



                (2) prepare and adopt in accordance with the 

        Administrative Adjudication Law a final Solid Waste Management 

        Plan, consistent with the provisions of this Act, within three 

        hundred (300) days of the effective date of this Act. The Plan 

        shall be revised at least every five (5) years, or sooner as 

        needed;



                (3) administer Guam's Solid Waste Management Program 

        pursuant to provisions of this Chapter;



                (4) prepare, adopt, promulgate, modify, update, and 

        repeal rules and regulations in cooperation with appropriate 

        government agencies, industries and private parties, for the 

        collection, transportation, storage and disposal of hazardous 

        waste;



                (5) prepare, adopt, promulgate, modify, update, 

        repeal, and enforce rules and regulations setting 

        environmental standards for collection, transportation, 

        separation, processing, recycling, materials and resource 

        recovery, incineration, plasma torch and disposal of solid 

        waste in order to conserve the air, water, and land resources 

        of Guam, protect the public health, prevent environmental 

        pollution and public nuisances, and enable it and the 

        Department to carry out the purposes and provisions of this 

        Chapter and the Plan;



                (6) establish the procedures for review and issuance 

        of permits governing the design, operation, closure, and post-

        closure of solid waste management facilities, which procedures 

        shall be consistent with the procedures used by the United 

        States Environmental Protection Agency in the issuance of 

        similar permits;



                (7) enforce compliance with any of its rules and 

        regulations issued pursuant to this Chapter and require the 

        taking of such remedial measures for solid waste management or 

        solid waste management practices as may be necessary or 

        appropriate to implement or effectuate its responsibilities 

        under this Chapter;



                (8) prepare, adopt, promulgate, modify, update, 

        repeal, and enforce such other rules and regulations as may be 

        necessary to establish a hazardous waste program which meets 

        the requirements of Section 3006 of the Federal Resource 

        Conservation and Recovery Act (42 U.S.C. 6926, et seq.) and 

        regulations promulgated pursuant thereto;



                (9) prepare, issue, modify, remove and enforce orders 

        for compliance with any of the provisions of this Chapter or 

        of any rules and regulations issued pursuant thereto and 

        requiring the taking of such remedial measures for solid waste 

        management as may be necessary or appropriate to implement or 

        effectuate the provisions and purposes of this Chapter;



                (10) impose and collect penalties against any person 

        for the violation of any of its rules, regulations or 

        compliance orders issued under this Chapter;



                (11) require a financial guarantee assuring that funds 

        are available to pay for the design, construction, operation 

        and closure of a solid waste landfill facility, for rendering 

        post-closure at a solid waste landfill facility, for 

        corrective action and to compensate third parties for bodily 

        injury and property damage caused by sudden and non-sudden 

        accidents related to the operation of solid waste landfill 

        facility.



                (12) serve as the official government of Guam 

        representative for all purposes of the Federal Solid Waste 

        Disposal Act, (P.L. No. 91-512), or as subsequently amended, 

        and for the purpose of such other local or Federal legislation 

        as has been or may hereafter be enacted to assist in the 

        management of solid waste;



                (13) provide technical assistance to local and Federal 

        agencies, and other persons, and cooperate with appropriate 

        local agencies and private organizations in carrying out the 

        duties under this Chapter;



                (14) encourage and recommend procedures for private 

        financing to develop, design, construct and operate solid 

        waste management system in accomplishing the desired 

        objectives of this Chapter;



                (15) insure that the interest of existing permitted 

        private entities actively engaged in solid waste management 

        operations are duly and lawfully protected and are not 

        unfairly jeopardized or removed; and



                (16) determine the applicability, type and sum 

        required for posting a performance bond on solid waste 

        management facilities that are not municipal solid waste 

        landfills.



        (b) The Department shall have the following powers and duties 

pursuant to the Administrative Adjudication Law to:



                (1) adopt and enforce rules, regulations and other 

        procedures for the implementation of the solid waste 

        management system created by the Plan and such other rules and 

        regulations as are necessary to fulfill the Department's 

        powers and duties under this Act;



                (2) privatize all other solid waste management 

        facilities and operations not addressed above in Subsection (2) 

        and within the policy guidelines of the Solid Waste Management 

        Plan, including the closure and beneficial use of the Ordot 

        Landfill site, source reduction, recycling, composting, 

        resource recovery, waste reduction, new landfill and transfer 

        stations.  This responsibility shall also address construction 

        debris or demolition waste, metallic debris, white goods, 

        tires and green waste; contracts with private entities shall 

        fully encompass development, financing, construction and 

        operation of any such facilities;



                (3) fulfill any of its duties under this Act and 

        consistent with the SWMP by entering into contracts with 

        private entities; all such new contracts shall be entered into 

        according to the procedures of the Guam Procurement Law, 

        Chapter 5, Division 1 of Title 5 of the Guam Code Annotated, 

        and other applicable laws of Guam;



                (4) establish administrative procedures for the 

        dissemination of rates and fee schedules and the collection of 

        fees and charges authorized and duly adopted or set under this 

        Act for the collection, processing, resources recovery or 

        disposal of solid waste within Guam, including, but not 

        limited to, fees assessed to owners of dwellings, fees 

        assessed to any other generators or collectors, and fees 

        assessed for solid waste received at designated solid waste 

        management facility within Guam;



                (5) administer, supervise and fulfill the 

        responsibilities of the government in any contract entered 

        into pursuant to provisions of the Guam Procurement Law (5 GCA 

        Chapter 5) for the development, construction, operation or 

        closure of landfills, RRF or any other solid waste management 

        facility contracted or prescribed in the Plan and legally 

        established under Guam and Federal laws, rules and regulations;



                (6) organize, plan for, secure and manage resources 

        and promote the implementation of the Plan;



                (7) evaluate and promote capital improvements and 

        maintenance programs to the solid waste management system;



                (8) address the necessity for a facility for the 

        shredding of tires for recycling or for use as rubberized 

        asphalt;



                (9) address the necessity for a facility for the 

        recycling of glass, including its use as glassphalt;



                (10) address the necessity for a facility for the 

        recycling of scrap metals, including discarded vehicles, 

        appliances and equipment, including shredding for

        containerization or other shipment;



                (11) require the preparation of any necessary 

        environmental impact assessments or environmental impact 

        reports;



                (12) mandate the inspection and monitoring of all 

        solid waste management facilities to assure compliance with 

        this Act, the Plan, other law, rules and regulations 

        applicable to Guam; and



                (13) apply for all grants-in-aid requests and 

        administration of any such programs or funds, except those 

        established for recycling.



        (c) There is established within the Division of Solid Waste of 

the Department, the Office of Recycling and the position of Recycling 

Officer who shall head the Office.  The Office shall be responsible 

for the following:



                (1) establishing and managing in conjunction with the 

        Plan a promotional program for recycling, composting and the 

        recovery of resources, including recommendations on the size, 

        character, location and ownership of any RRF or composting 

        facility;



                (2) evaluating and insuring adequate capacities within 

        the solid waste management system for recycling;

        

                (3) plan, organize, coordinate and pursue the 

        following objectives:



                        (i) publish and disseminate guidebooks, 

                newsletters and instruction manuals to promote 

                recycling;



                        (ii) in conjunction with the Mayors Council of 

                Guam, conduct public outreach activities to promote 

                recycling;



                        (iii) establish a recycling demonstration 

                project in at least six (6) selected villages 

                throughout Guam, wherein compartmentalized containers 

                will be located and serve as recycling drop-off 

                centers for the community; the Department shall 

                contract for the supply of the containers and their 

                hauling for recycling or other disposal; all revenues 

                generated by the sale of recyclable materials shall be 

                paid to the Mayors and be used by the Mayors to 

                support programs which further encourage recycling; 

                moreover, individual accounts shall be established for 

                each Mayor to record all costs and revenues in order 

                to evidence the commercial feasibility, or lack 

                thereof, of recycling;



                        (iv) develop a recommended program for 

                composting of biomass on government property;



                        (v) formulate and recommend other recycling 

                demonstration projects and initiatives;



                        (vi) identify economically priced products 

                manufactured of recycled material which are usable by 

                the government in the place of products manufactured 

                of virgin material;



                        (vii) study recycling techniques to determine 

                the most cost-effective manner of collecting, 

                processing, storing, marketing, transporting or 

                reusing recyclable materials;



                        (viii) establish a recycling telephone hotline 

                serving to take inquiries and disseminate information 

                on recycling;



                        (ix) recommend the establishment or revision 

                of administrative or procurement practices which will 

                promote recycling;



                        (x) determine and report through the Director 

                to the Guam Legislature the costs and benefits of 

                establishing a system for source separated waste;



                        (xi) recommend new legislation to facilitate 

                recycling through planning, market research, source 

                separated waste, surcharges, fees, operational 

                subsidies, tax incentives and other similar means;



                        (xii) identify and promote businesses reusing 

                or converting recyclable materials;



                        (xiii) advise and assist collectors on 

                efficient techniques for recycling; and



                        (xiv) conduct media advertising, public 

                opinion surveys, seminars, workshops and community 

                relations campaigns to promote public awareness of the 

                benefits and methods of recycling.



        SOURCE: Repealed and reenacted by P.L. 24-139:4. Repealed and 

           reenacted by P.L. 24-272:1. Subsection (a)(11) repealed and 

           reenacted by P.L. 24-309:3. Subsection (a)(16) added by P.L. 

           24-309:4.                                        Top of the page.



  §51104. Permits. (a) The Administrator is authorized and 

directed to issue permits for all collectors, operators and solid 

waste management facilities, their design, operation, maintenance, 

substantial alteration, modification or enlargement.  All such permits 

shall be non-transferable and conditioned upon the observance of the 

laws of Guam and rules, compliance orders or regulations authorized in 

this Chapter. All such permits shall include provisions to hold the 

permittee liable during the duration of the permit and twenty-five 

(25) years after the expiration of the permit for all costs related to 

health and environmental restoration attributed to the operation of 

the facility.



        (b) Each permit holder shall apply for the renewal of each 

permit held, upon forms provided by the Agency, not less than sixty 

(60) days prior to the expiration date of such solid waste management 

permit to be renewed, or not less than one hundred eighty (180) days 

prior to the expiration date of each hazardous waste management permit 

to be renewed.



        (c) Each permit application and each permit renewal 

application shall be submitted with proof of financial assurance, of a 

type and in a sum established by the Administrator conditioned on the 

fulfillment by the permit holder of the requirements of this Chapter 

and the rules and regulations authorized therein. No financial 

assurance mechanism required under this Chapter may be canceled by the 

guarantor unless the Administrator has received written notice thereof 

and there has been a lapse of one hundred twenty (120) days between 

receipt of notice and cancellation date.



        (d) Before issuing a solid waste management permit to any 

person with respect to any facility for the processing, storage or 

disposal of solid waste, the Administrator shall:



                (1) Cause to be published in a major local newspaper 

        or newspaper of general circulation, and broadcast over a 

        local radio station or stations, notice of the Agency's 

        intention to issue such a permit.



                (2) If, within forty-five (45) days after publication 

        and broadcast, the Agency receives written notice of 

        opposition to the Agency's intention to issue such permit and 

        a request for a hearing is made, the Agency shall provide for 

        a hearing in accordance with the Administrative Adjudication 

        Law, if requested by a substantially affected party or an 

        informal public meeting if requested by any other person.



        (e) Before issuing a hazardous waste management permit to any 

person with respect to any facility for the processing, storage or 

disposal of hazardous waste, the Administrator shall:



                (1) cause to be published in a major local newspaper 

        or newspaper of general circulation, and broadcast over a 

        local radio station or stations, notice of the Agency's 

        intention to issue such a permit; and



                (2) if, within forty-five (45) days after publication 

        and broadcast, the Agency receives written notice of 

        opposition to the Agency's intention to issue such permit and 

        a request for a hearing is made, the Agency shall provide for 

        a hearing in accordance with the Administrative Adjudication 

        Law, if requested by a substantially affected party or an 

        informal public meeting if requested by any other person.



        (f) The Administrator is authorized and directed to suspend, 

revoke, condition, modify or terminate any permit issued under 

Subsection (a) of this Section for non-compliance with any of the 

rules, compliance orders, regulations or permit conditions authorized 

in this Chapter.



        (g) The Administrator shall determine the applicability for 

requiring a performance bond for permit applications and permit 

renewal applications for solid waste management facilities that are 

not landfills. Upon the determination that a performance bond is 

required, that Administrator will decide the type and sum required to 

ensure fulfillment by the permit holder of the requirements of this 

Chapter and the rules and regulations authorized therein.



        SOURCE: Repealed and reenacted by P.L. 24-139:5. Repealed and 

           reenacted by P.L. 24-272:1. Subsection (g) added by P.L. 

           24-309:5.                                        Top of the page.



  §51105. Permit Fees. Each application for a permit, or renewal 

application, shall be accompanied by a certified check or money order 

in the amount prescribed by regulations. All fees required by the 

section shall be non-returnable and shall be placed in the revolving 

fund established under Section 51117 of this Chapter.



                                                                Top of the page.



  §51106. Inspections. (a) The Agency is hereby authorized to 

inspect all solid waste and hazardous waste management facilities at 

all reasonable times to insure compliance with the laws of Guam, the 

provisions of this Chapter and the rules and regulations authorized 

herein. This authority shall include access to and authority to copy 

all records relating to solid or hazardous waste, as well as the 

authority to obtain samples, or require monitoring or testing to 

ensure that the owner or operator is in compliance.



        (b) The Agency is authorized to have the power to enter at 

reasonable times upon any private or public property for the purpose 

of inspecting and investigating conditions relating to solid or 

hazardous waste on Guam.



        (c) It shall be a misdemeanor for any person to interfere with 

such inspections or investigations.



        (d) Administrative Inspection Warrants.



                (i) The Agency, by its duly authorized representatives, 

        shall have the power to enter and inspect any property, 

        premises or place for the purpose of determining the 

        compliance or noncompliance with any provision of this 

        Chapter, any rule and regulations promulgated thereto, or any 

        order or permit or term or condition thereof, issued pursuant 

        to this Chapter rule and regulation promulgated thereto.



                (ii) Unless an emergency exists or the Agency has 

        reason to believe that any unlawful activity is being 

        conducted, or will be conducted, the Agency shall provide 

        prior notification of such inspection, and the inspection 

        shall be during normal business hours. If such entry or 

        inspection is denied or not consented to and no emergency 

        exists, the Agency is empowered to and shall obtain from the 

        appropriate court a warrant to enter and conduct an inspection. 

        The courts on Guam are empowered to issue such warrants upon a 

        showing that such entry and inspection is required to verify 

        that the purposes of the Act are being carried out. If samples 

        are taken, the owner and operator of the premises for which 

        such samples are taken shall be entitled to a receipt for such 

        samples and, upon request, a sufficient portion to perform an 

        analysis equivalent to that which the Agency may perform.



                (iii) In the event of an emergency which presents an 

        immediate and substantial threat to the public health and 

        safety or the environment, the Agency shall have the authority 

        to issue such orders as may be appropriate to protect the 

        public health and safety or the environment, including 

        emergency authorization for procurement.



                (iv) Any person against whom an emergency order is 

        issued shall be entitled to a hearing within twenty-four (24) 

        hours. The GEPA Board shall affirm, modify or set aside the 

        order of the Agency.



        SOURCE: Repealed and reenacted by P.L. 24-309:6.   Top of the page.



  §51106.1. Criminal Search Warrants. A search warrant relating 

to offenses of environmental laws may be served at any time of the day 

or night if the judge or magistrate issuing the warrant is satisfied 

that there is probable cause to believe that grounds exist for the 

warrant.



        SOURCE: Added by P.L. 24-309:7.                  Top of the page.



  §51107. Inspection Fees. The Agency is hereby authorized to 

include as part of permit fees under §51105, fees for inspections 

conducted of all solid waste management facilities, hazardous waste 

treatment, storage and disposal facilities, hazardous waste 

transporters, generators of hazardous waste, waste oil generators, 

recyclers, marketers, brokers and all other waste oil facilities 

including boilers and industrial furnaces as well as waste to energy 

facilities.



                                                                Top of the page.



  §51108. Notice. Any notice, order or other official 

correspondence affecting the rights of any person under this Chapter 

shall be delivered by personal service or sent by registered or 

certified mail with a return receipt to the address of such person as 

shown by the records of the Agency. The return receipt, signed by the 

addressee, or his agent, shall be conclusive proof of delivery.



                                                                Top of the page.



  §51109. Hearings. (a) Any person who received an order from 

the Administrator as authorized by this Chapter and any person whose 

permit application is disapproved by the Administrator may, within 

fifteen (15) days of the date of receipt of such order or disapproval, 

file a Notice of Intent to appeal with the Board, setting forth in 

such Notice a verified petition outlining the legal and factual basis 

for such appeal.



        (b) The Board of Directors shall, not more than sixty (60) 

days after receipt of such Notice of Appeal, hold a public hearing at 

which time the person appealing may appear and present evidence in 

person or through counsel in support of this petition.



        (c) The Agency is hereby authorized to administer oaths, 

examine witnesses and issue subpoenas to compel the attendance of 

witnesses and the production of evidence relevant to the matter 

involved in the hearing.



        (d) The Board shall affirm, modify or revoke any action which 

is appealed and shall notify the appellant of its decision not more 

than thirty (30) days after the conclusion of the hearing. Such notice 

shall be in writing and shall state the reasons for the decision.



        (e) Any person may appeal such decision to the Superior Court 

of Guam by filing with the Agency a written notice of such intent to 

appeal within ten (10) days of the notice in subsection (d) of this 

Section and shall have a transcript of the proceedings upon request.



                                                                Top of the page.



  §51110. Prohibited Solid Waste Activities. (a) It shall be 

unlawful for any person to:



                (1) Violate any provision of this Chapter or any rule, 

        regulation, standard, or order issued pursuant to this Chapter;



                (2) Own, operate or use a dump for the disposal of 

        solid waste;



                (3) Place, or allow to be placed, any solid waste upon 

        the highways, public or private property contrary to the 

        provisions of this Chapter;



                (4) Manage solid waste facilities without a permit 

        issued pursuant to this Chapter;



                (5) Store, collect, transport, process, or dispose of 

        solid waste in such a manner as to degrade the environment, 

        create a public nuisance, create a health or safety hazard, or 

        violate any provisions of this Chapter;



                (6) Transport any solid waste in any vehicle in any 

        street or highway unless adequate precautions are taken to 

        prevent such solid waste from falling or from being dislodged 

        from such vehicle upon any street, highway, or any other 

        public or private property;



                (7) Not immediately pick up and remove waste which has 

        fallen off the vehicle they are operating during the course of 

        transportation upon any street, highway or any other public or 

        private property;



                (8) No person shall destroy or attempt to destroy by 

        burning, except in an incinerator, RRF or plasma torch 

        facility the construction and operation of which is approved 

        by the Administrator, or as may otherwise be authorized by the 

        Administrator, any garbage, dead animals or other offensive 

        substances, the burning of which may give off foul and noisome 

        odor.  Nothing in this Section shall preclude the burning of 

        trees, brush, grass and other vegetable matter authorized by 

        the Administrator.



                (9) Improperly manage or operate a solid waste 

        management facility.



                (10) Improperly manage or operate a hazardous waste 

        management facility.



        (b) Each day of continued violation of this section or the 

provisions of this Chapter or rules and regulations authorized herein 

shall be deemed a separate offense or violation.



        SOURCE: Subsection (a)(8) repealed and reenacted by P.L. 

           24-139:6. Subsection (a)(9) added by P.L. 24-139:7. Subsection 

           (a)(8) repealed and reenacted by P.L. 24-272:1. Subsection 

           (a)(9) repealed and reenacted by P.L. 24-272:1. Subsection 

           (a)(10) repealed and reenacted by P.L. 24-272:1.         Top of the page.



  §51111. Prohibited Hazardous Waste Activities. (a) It shall be 

unlawful for any person to:



                (1) Violate any provision of this Chapter or any rule, 

        regulation, standard, or order issued pursuant to this Chapter;



                (2) Own, operate or use a dump for the disposal of 

        hazardous waste;

                (3) Place, or allow to be placed, any hazardous waste 

        upon the highways, public or private property contrary to the 

        provisions of this Chapter;



                (4) Manage hazardous waste facilities without a permit 

        issued pursuant to this Chapter;

                (5) Store, collect, transport, process or dispose of 

        hazardous waste in such a manner as to degrade the 

        environment, create a public nuisance, create a health or 

        safety hazard as determined by the Director of the Department 

        of Public Health and Social Services or the Administrator or 

        violate any provision of this Chapter;



                (6) Knowingly make any false statement or 

        representation in any hazardous waste application, label, 

        manifest, record, report, permit or other document filed, 

        maintained, or used for purposes of compliance with the 

        provisions of this Chapter;



                (7) Improperly manage or operate a hazardous waste 

        management facility.



        (b) Each day of continued violation of this section or the 

provisions of this Chapter or rules and regulations authorized herein 

shall be deemed a separate offense or violation.



        SOURCE: Subsection (a)(7) added by P.L. 24-139:8.           Top of the page.



  §51112. Injunction. The Agency shall maintain an action to 

restrain any violation or threatened violation of the provisions of 

this Chapter or the rules and regulations authorized herein. Such 

right to injunctive relief is in addition to any other powers or 

penalties conferred by this Chapter.



                                                                Top of the page.



  §51113. Plats. All persons operating a sanitary landfill, 

hardfill, or other approved disposal site under permits issued 

pursuant to this Chapter shall, upon completion of the sanitary 

landfill or hardfill, file with the Department of Land Management and 

the Building Permit Section of the Department of Public Works, a plat 

of each site, together with a description of the waste placed therein 

and in conformance with rules and regulations adopted pursuant to 

§51103(a)(8) of this Chapter.



                                                                Top of the page.



  §51114. Applicability to Government Agencies. Government 

agencies shall comply with all provisions of this Chapter including 

planning, review, and permit requirements, with the exception of 

§51104(c). Government agencies may contract with any person to carry 

out their responsibilities under this Chapter. Such contractors shall 

also comply with the provisions of this Chapter.



                                                                Top of the page.



  §51115. Penalties. (a) Solid Waste - Criminal Penalties. Any 

person who knowingly violates any solid waste management provision of 

this Chapter, or any valid solid waste management rule or regulation 

promulgated under this Chapter, or who refuses or neglects to comply 

with any lawful order issued by the Administrator in carrying out the 

provisions of this Chapter shall, upon conviction, be imprisoned for a 

term of not more than one (1) year, and/or be fined not more than 

$1,000 per day for each violation or noncompliance, and shall make 

restitution.



        (b) Solid Waste - Civil Penalties. Any person who violates any 

solid waste management provision of this Chapter, or any valid solid 

waste management rule or regulation promulgated under this Chapter, or 

who refuses or neglects to comply with any lawful order issued by the 

Administrator in carrying out the provisions of this Chapter shall, in 

addition to clean-up costs and other damages, forfeit and pay a civil 

penalty of not more than $1,000 per day for each violation or 

noncompliance.



        (c) Hazardous Waste - Criminal Penalties. Any person who 

knowingly violates any hazardous waste management provisions of this 

Chapter, or any valid hazardous waste management rule or regulation 

promulgated under this Chapter, or who refuses or neglects to comply 

with any lawful order issued by the Administrator in carrying out the 

provisions of this Chapter shall be guilty upon conviction of a felony 

of the third degree, and be fined not less than $10,000 per day for 

each violation and/or noncompliance, and shall make restitution.



        (d) Hazardous Waste - Civil Penalties. Any person who violates 

any hazardous waste management provision of this Chapter, or any valid 

hazardous waste management rule or regulation promulgated under this 

Chapter, or who refuses or neglects to comply with any lawful order 

issued by the Administrator in carrying out the provisions of this 

Chapter shall, in addition to clean-up costs and other damages, 

forfeit and pay a civil penalty of not less than $10,000 per day for 

each violation or noncompliance.



        (e) Administrative Penalties. In addition to any other 

administrative or judicial remedy provided by this Chapter, or by 

rules adopted under this Chapter, the Administrator is authorized to 

impose by order the penalties specified in §51115(b) and (d) 

respectively. Factors to be considered in imposing an administrative 

penalty include the nature and history of the violation and of any 

prior violations, and the opportunity, difficulty, and history of 

corrective action. It is presumed that the violator's economic and 

financial conditions allow payment of the penalty, and the burden of 

proof to the contrary is on the violator. In any proceeding to recover 

the civil penalty imposed, the Administrator need only show that 

notice was given, a hearing was held or the time granted for 

requesting a hearing has expired without such a request, the civil 

penalty was imposed, and that the penalty remains unpaid.



                                                                Top of the page.



  §51116. Citizen's Suits. (a) Any person may commence a civil 

action on his behalf:



                (1) Against any person (including the United States, 

        and any other governmental instrumentality or agency, to the 

        extent permitted by law) who is alleged to be in violation of 

        any permit, standard, regulation, condition, requirement, 

        prohibition, or order which has become effective pursuant to 

        this Chapter; or



                (2) Against any person, including the United States, 

        and any other governmental instrumentality or agency, to the 

        extent permitted by law, and including any past or present 

        generator, past or present transporter, or past or present 

        owner or operator of a treatment, storage, or disposal 

        facility, who has contributed or who is contributing to the 

        past or present handling, storage, treatment, transportation, 

        or disposal of any solid or hazardous waste which may present 

        an imminent and substantial endangerment to health or the 

        environment; or



                (3) Against the Administrator where there is alleged a 

        failure of the Administrator to perform any duty under this 

        Chapter which is not discretionary with the Administrator.



                Any action under paragraph (a)(1), (a)(2), or (a)(3) 

        of this Section shall be brought in the Superior Court of Guam. 

        The Superior Court shall have jurisdiction, without regard to 

        the amount in controversy or the citizenship of the parties, 

        to enforce the permit, standard, regulation, condition, 

        requirement, prohibition, or order referred to in paragraph 

        (a)(1), to restrain any person who has contributed or is 

        contributing to the past or present handling, storage, 

        treatment, transportation, or disposal of any solid or 

        hazardous waste referred to in paragraph (a)(2), to order such 

        person to take such further action as may be necessary, or 

        both, or to order the Administrator to perform the act or duty 

        referred to in paragraph (a)(3), as the case may be, and to 

        apply any appropriate civil penalties under §51115(b) and (d). 

        No bond shall be required for issuance of an injunction or 

        temporary injunction after a duly noticed hearing.



        (b) Except for injunctive relief, no action may be commenced 

under subsection (a)(1) or (a)(2) of this Section:



                (1) Prior to ninety (90) days after the plaintiff has 

        given notice of the violation or endangerment to (i) the 

        Administrator; (ii) the government of Guam; and (iii) to any 

        alleged violator of such permit, standard, regulation, 

        condition, requirement, prohibition, or order referred in 

        subsection (a)(1) of this Section if applicable or to any 

        person alleged to have contributed or to be contributing to 

        the past or present handling, storage, treatment, 

        transportation, or disposal of any solid or hazardous waste 

        referred to in subsection (a)(2) of this Section if 

        applicable.



                (2) Except for injunctive relief, if the Administrator 

        or government of Guam has commenced and is diligently 

        prosecuting a civil or criminal action to require compliance 

        with such permit, standard, regulation, condition, 

        requirement, prohibition, or order pursuant to subsection 

        (a)(1) of this Section or if the Administrator or government 

        of Guam, in order to restrain or abate acts or conditions 

        which may have contributed or are contributing to the 

        activities which may present the alleged endangerment under 

        subsection (a)(2) of this Section has commenced and is 

        diligently prosecuting an action under local law or under the 

        Comprehensive Environmental Response, Compensation and 

        Liability Act (CERCLA) or is actually engaging in a removal 

        action under CERCLA or has incurred cost to initiate a 

        remedial Investigation and Feasibility Study under CERCLA and 

        is diligently proceeding with a remedial action.



        (c) Except for injunctive relief, no action may be commenced 

under subsection (a)(3) of this Section prior to sixty (60) days after 

the plaintiff has given notice to the Administrator and the government 

of Guam in which the failure has occurred that he will commence such 

action.



                                                                Top of the page.



  §51117. Solid Waste Management Fund. There is established a 

non lapsing, revolving fund, hereafter referred to as the "Solid Waste 

Management Fund" which shall be maintained separate and apart from any 

other funds of the Government of Guam, and shall be administered by 

the Administrator. Independent records and accounts shall be 

maintained in connection therewith. All fees, reimbursements, 

assessments, fines, bail forfeitures, and other funds collected or 

received pursuant to this Article shall be deposited in this Fund and 

used for the administration and implementation of this Article, 

including purchase of equipment and payment of personnel costs of the 

Agency.



                                                                Top of the page.



  §51118. Tipping/User Fees and Solid Waste Operations Fund. 

(a) Legislative Intent. Tipping and user fees shall provide a 

financing source for government of Guam costs and expenses directly 

related to the closure of the Ordot landfill, the development, design, 

construction, operation and final closure of a new sanitary landfill 

and the Ordot Landfill, as well as other solid waste management 

facilities that are contracted or may be established by this Act and 

in accordance with the plan and annual fiscal year appropriation for 

the Division of Solid Waste Management of DPW.



                (1) Tipping/user fees will vary depending on the 

        nature of collection, privatized contract for residential 

        dwellings or hired commercial collectors for other municipal 

        solid wastes outlets.



                (2) For residential or dwelling, the charge is a user 

        fee which includes the collection fee with the disposal 

        tipping fee.



                (3) For commercial, including multi-family dwellings 

        and government agencies, the charge is a disposal tipping fee 

        and does not include collection fees independently charged by 

        commercial waste haulers.



        (b) Effective Date of Charging Tipping Fees. The commercial 

and residential tipping fees established in this §51118 are charged 

beginning the first day of the month following the adoption of 

supporting rules and regulations by DPW under the Administrative 

Adjudication Law.



        (c) Business and Governmental Tipping Fees. A tipping fee of 

Four Dollars ($4.00) per cubic yard, uncompacted, is hereby 

established for business and government generators.  For compacted 

trash, a tipping fee of Four Dollars ($4.00) per cubic yard multiplied 

by the compaction ratio of any vehicle or container with compaction 

equipment, is hereby established for business and government 

generators.  Commercial and government collectors shall provide the 

Department of Public Works the compaction ratios of all equipment used 

to haul solid waste to the landfill to insure the accurate assessment 

of tipping fees for compacted trash.  This fee does not include 

collection charges that are independently set by licensed commercial 

collectors.



        (d) Residential Tipping Fees. A residential tipping fee, 

which includes collection charges, is hereby established for 

residential generators in the amount of Eight Dollars ($8.00) per 

dwelling per month.



        (e) PUC Rate-Making. The Public Utilities Commission (‘PUC') 

is hereby authorized to set tipping fees to replace the commercial and 

residential tipping fees mandated in this Section three (3) years 

after enactment of this Act. Rate setting by PUC shall be based on 

volume and actuarial analysis of costs of services and focused 

management audit of existing operations.



        (f) Solid Waste Operations Fund. All tipping, user and other 

fees authorized under this Section and collected based on duly 

established rules and regulations shall be deposited in a special fund 

designated and hereby established as the Solid Waste Operations Fund.  

All tipping/user fees in the Fund shall be used solely for solid waste

management practices.



        (g) Notification to Department of Interior. Within thirty (30) 

days of the enactment of this Act, the Governor shall notify the 

Department of Interior of the establishment of tipping fees, for the 

purpose of releasing Federal funds available to resolve environmental 

issues relative to the Ordot Landfill.  Unless otherwise restricted by 

any conditions, Federal-funding will be allocated between the Ordot 

Landfill compliance mitigation work and closure.



        (h) DPW to Develop Variable Residential Tipping Fees. In 

recognition of the fact that the initial residential tipping fee 

established by Public Law Number 24-272 is a flat fee, which 

discourages trash reduction, penalizes smaller families and subsidizes 

large residential generators of waste, the Department of Public Works 

shall develop a plan to institute a sliding scale of residential 

tipping fees. The sliding scale shall, at a minimum, charge 

residential generators based on the amount of waste produced and 

picked up by the department.  The plan shall also address the 

methodology for billing individual residential customers based on the 

revised variable tipping fee.  The plan shall be submitted to I 

Liheslaturan Guåhan within four (4) months of enactment of this Act.



                (h)(1) Lifeline Rates for Tipping Fees. Notwithstanding 

        any other provision of law, the Department of Public Works 

        shall, through the development of rules and regulations 

        pursuant to the Administrative Adjudication Law, establish and 

        modify from time to time, Targeted Lifeline Rates for 

        Residential Tipping Fees covering pick-up and delivery of 

        residential trash only that are consistent with and meeting 

        the low income eligibility criteria, requirement, policies or 

        procedures established by the Guam Housing and Urban Renewal 

        Authority ('GHURA') applicable to their Low Income Public 

        Housing Program.



        (i) Self-Drop Fee Established. Any person or entity that is 

not a business or government generator shall be billed Two Dollars 

($2.00) per vehicle load of solid waste delivered to a landfill 

operated by the Department or its contractor; provided, that the 

vehicle load capacity is one (1) ton or less.  Vehicles in excess of 

said load capacity shall be billed a rate that is based on an 

established formula developed by the Department.



        (j) Temporary Exemption from Tipping Fees for Municipal 

Waste Collection. For a period of one (1) year commencing the date of 

the enactment of this Act, all waste collected by any Mayor or 

Vice-Mayor in the performance of their official duties, and 

transported to a landfill operated by the Department or its 

contractor, shall be exempt from all tipping fees.  The Department of 

Public Works shall monitor and record the amount of solid waste 

delivered by Mayors and Vice-Mayors under this Section.  This 

information shall be provided on a quarterly basis to the Mayors 

Council, I Maga'lahen Guåhan, and I Liheslaturan Guahån for the 

purpose of determining an appropriate budget for each municipality 

following the end of the exemption.



        (k) ‘Good Citizen' Exemption Established. Any individual, 

registered non-profit organization, or other person who intends to 

volunteer their resources for the purpose of cleaning up and 

collecting trash and litter from public places or facilities may be 

granted a temporary exemption from the fees established herein by 

securing a written exemption from the Department of Public Works in 

advance of their planned collection activities.  The Department of 

Public Works shall determine the manner, time limit and procedure by 

which such an exemption may be granted and honored.



        (l) Temporary Exemption of Tipping Fees Following a Force 

Majeure. Following a force majeure, I Maga´lahen Guåhan shall be 

authorized to suspend tipping fees for all solid waste collected and 

transported to a landfill that is operated by the Department or its 

contractor for a period not to exceed sixty (60) days.



        SOURCE: Added by P.L. 24-139:9. Repealed and reenacted by 

           P.L. 24-272:1. Subsection (c) amended by P.L. 25-70:2 & P.L. 

           25-93:1.  Subsection (d) amended by P.L. 25-93:2. Subsection 

           (e) amended by P.L. 25-70:3. Subsection (h) added by P.L. 

           25-93:3. Subsection (i) added by P.L. 25-93:4. Subsection (j) 

           added by P.L. 25-93:5. Subsection (k) added by P.L. 25-93:6. 

           Subsection (l) added by P.L. 25-93:7.                    Top of the page.



  §51119. The Solid Waste Management Plan. (a) The Plan to be 

adopted by the Agency shall address a solid waste management system 

for Guam which shall include, but not be limited to, source reduction, 

recycling, composting, resource recovery and sanitary landfilling, 

with the objective of reducing the amount of solid waste to be 

processed, landfilled or otherwise legally disposed of.  It shall also 

require the application of plasma torch or flame technology, if 

permitted and cost effective, to stabilize materials at the Ordot 

Landfill.  It shall also include:



                (1) a program for the privatization of all solid waste 

        management and operations within the authorized frameworks as 

        enacted by this Article;  the Agency shall submit a 

        privatization plan to the Guam Legislature.  The Guam 

        Legislature shall have up to ninety (90) calendar days after 

        official receipt to review and amend the plan as appropriate, 

        and approve or disapprove the plan;



                (2) an inventory of current residential, business, 

        military and other institutional solid waste generation;



                (3) an inventory of existing publicly available solid 

        waste management facilities and an inventory of existing 

        collection systems and routes;



                (4) projections of residential, business, military and 

        other institutional solid waste that will be generated within 

        Guam during the five (5) and ten (10) year periods following 

        the effective date of this Section;



                (5) projections for decrease in solid waste disposal 

        as a result of source reduction, recycling and solid waste 

        management facilities;



                (6) an identification of potential sites for future 

        sanitary landfills;



                (7) projections for potential requirements for 

        monofills at future sanitary landfill for special wastes, such 

        as asbestos or ash;



                (8) provide for and incorporate recycling activities 

        required in Item (3) of Subsection (b) of §51120 of this 

        Article;



                (9) provide guidelines for the orderly collection, 

        transportation, storage, separation, processing, recycling, 

        combustion and disposal of all solid waste;



                (10) provide programs for the educational training of 

        collectors, operators and other solid waste management 

        professionals;



                (11) provide for a public education program 

        encouraging recycling and source reduction and explaining the 

        Plan;



                (12) suggest new legislation to improve solid waste 

        management;



                (13) evaluate and determine markets for recycled 

        materials;



                (14) investigate and recommend new technologies for 

        source reduction, recycling, composting, sanitary landfill and 

        other solid waste disposal; and



                (15) provide guidelines, including timeline for 

        converting the Ordot Landfill to beneficial use.



        (b) The Plan shall be revised and updated by the Agency every 

five (5) years.



        SOURCE: Added by P.L. 24-139:10. Repealed and reenacted P.L. 

           24-272:1.                        Top of the page.





Article 2 Litter Control



§51201. Declaration of Purpose.

§51202. Definitions.

§51203. Powers and Duties.

§51204. Litter Control Revolving Fund.

§51205. Prohibited Activities.

§51206. Enforcement.

§51207. Penalties.

§51208. Severability Clause.



  §51201. Declaration of Purpose. It is hereby declared to be 

the purpose of this Article to define and prescribe procedures 

pertaining to littering, and to provide authority for the regulation 

of littering in order to enhance the environment for the people of 

Guam.



                                                                Top of Article 2.



  §51202. Definitions. For the purpose of this Article, the 

following words shall have the meaning given herein unless their use 

in the text clearly demonstrates a different meaning:



                (a) Apprehending Officers shall mean any designated 

        individual with the Department of Parks and Recreation, the 

        Department of Agriculture, the Guam Environmental Protection 

        Agency, the Department of Public Health and Social Services, 

        the Department of Public Works, all village mayors and 

        assistant mayors, and any peace officer in the Guam Police 

        Department.



                (b) Litter shall mean discarded, used or leftover solid 

        materials, including but not limited to garbage, trash, 

        rubbish, refuse, paper, containers, bulky metallic waste, 

        packing or construction materials or carcasses of dead 

        animals.



                (c) Littering shall mean willful or negligent 

        throwing, dropping, placing, depositing, or sweeping, allowing 

        or causing such acts, of any litter on land or water, in other 

        than appropriate storage containers or areas designated for 

        such purpose.



                (d) Vehicle shall mean a device in, upon or by which 

        any person or property may be propelled, moved, or drawn upon 

        a highway, except a device moved by human or animal power.



                (e) Watercraft shall mean any boat, ship, vessel, 

        barge or other floating craft.



                                                                Top of Article 2.



  §51203. Power and Duties. (a) The Administrator of the Guam 

Environmental Protection Agency, in consultation with the Attorney 

General's Office, is empowered to prescribe and amend such rules and 

procedures as are necessary for the efficient implementation of this 

Article.



        (b) Violations of this Article will be recorded on forms 

approved by and prosecuted within the Traffic Division of the Superior 

Court of Guam.



        (c) Apprehending officers, as defined herein, shall have the 

power to apprehend persons violating this Article and issue citations 

for such violation.



                                                                Top of Article 2.



  §51204. Litter Control Revolving Fund. There is established a 

fund to be known as the Litter Control Revolving Fund which shall be 

maintained separate and apart from any other fund of the Government of 

Guam and shall be administered by the Administrator. Independent 

records and accounts shall be maintained in connection therewith. 

Except as provided in §40115 of Title 5, Guam Code Annotated, 50 

percent (50%) of all assessments, fines, bail forfeitures and other 

funds collected or received pursuant to this Article shall be 

deposited in the Litter Control Revolving Fund and used for the 

administration and implementation of this Article; for education 

programs and advertisement promotions aimed at increasing awareness of 

litter and defacement problems; for the placement of anti-litter and 

anti-graffiti signs around the island; and for the cleanup of litter 

and defacement from public highways, streets, alleys, roads, bridges, 

buildings, signs, restrooms, public recreational areas or other public 

lands that are most visible to the public, and 50 percent (50%) shall 

be deposited in the Guam Beautification Fund as provided in 21 GCA 

§77114.1.



                                                                Top of Article 2.



  §51205. Prohibited Activities. (a) It shall be unlawful for 

any person to willfully or negligently dump, deposit, throw, leave or 

abandon any litter upon any public highway, street, alley or road, 

upon public parks or recreation areas or upon any other public 

property except as designated for such use, or upon property owned by 

another person without written permission of the owner, or into any 

bay, channel, harbor, river, creek, stream, reservoir, coastal waters, 

or other waters of the Territory.



        (b) Apprehension of Violation. Apprehension for violation of 

prohibitions may be initiated by an apprehending officer who witnessed 

an offense or discovered an article bearing a person's name on the 

property of another, or any public property except as designated for 

such use, or by any private citizen, who witnessed an offense or 

discovered incriminating evidence, who is willing to make the initial 

charge and testify for the Government.



        (c) Any person who shall witness the throwing, dumping, or 

depositing of litter from a vehicle or water craft which is in 

violation of prohibitions may report the date, time of day and 

location of the littering and the license registration number to 

apprehending officers. The registration number as recorded shall 

constitute prima facie evidence that the littering was done by the 

person to whom such vehicle or water craft is registered. Nothing in 

this Section shall be construed to modify or change the burden of the 

Government to prove the defendant guilty beyond a reasonable doubt.



                                                                Top of Article 2.



  §51206. Enforcement. Any person apprehended for violation of 

any of the above prohibitions shall be served by the apprehending 

officer with a citation and an order to appear at the Traffic Court 

Division of the Superior Court of Guam for prosecution. Parents or 

legal guardians will assume all responsibility for any violations of 

this Chapter committed by any minors under their care.



                                                                Top of Article 2.



  §51207. Penalties. (a) Littering shall be punishable by a fine 

of not less than $500 nor more than $1,000 which shall not be 

suspended by the Court. Additionally, any person convicted under this 

Section for a second or subsequent litter offense shall be required by 

the Court to pick up and remove litter from a public place under the 

supervision of the Agency, or as the Court shall otherwise provide for 

a period not less than 8 hours for each offense. Furthermore, persons 

convicted under this Section may be required to pay the costs of 

removing any litter that they caused.



        (b) A person charged with a first violation may avoid a court 

hearing by posting bail in the amount of the minimum fine or paying 

such prescribed fine as the Traffic Court Division of the Superior 

Court shall prescribe.



                                                                Top of Article 2.



  §51208. Severability Clause. The provisions of this Chapter 

are severable and if any provision or part thereof shall be held 

invalid or unconstitutional or inapplicable to any person or 

circumstances, such invalidity, unconstitutionality or inapplicability 

shall not affect or impair the remaining provisions of this Chapter.



                                                                Top of the page.







 


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URL: https://guamepa.govguam.net/regs/chapter51.html
Last update: 2 January 2001

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