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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NOTE: Chapter 51 was repealed and reenacted by P.L. 17-87.
Further repealed and reenacted by P.L. 23-64:1.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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