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10 GCA Chapter 54:
Environmental Pollution Control Act

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The Environmental Pollution Control Act was first enacted by Public Law 17-46 in 1984 and later amended by Public Law 19-55:2 in 1989. It describes procedures for controlling pollution caused by inappropriate disposal of beverage containers.

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 54 Environmental Pollution Control



54101. Short Title.

54102. Statement of Policy.

54103. Definitions.

54104. Prohibition on Flip Top Metal Beverage Containers 

              and Non-aluminum Containers.

54105. Metal Salvage Contractors.

54106. Refund Value.

54107. Criminal Penalties.

54108. Severability.

54109. Rules and Regulations.



  54101. Short Title. This Act shall be known as the 

Environmental Pollution Control Act.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54102. Statement of Policy. The proliferation of no deposit, 

no-return beer and soft drink containers is a major source of 

pollution in the territory of Guam. These containers are the most 

rapidly growing segment of islandwide waste, imposing a heavy burden 

on the government and citizens of Guam for their collection and 

disposal. The litter caused by these containers is a continuing threat 

to the health, safety and welfare of the citizens of Guam. The public 

policy of this Territory is to preserve its natural land environment 

and other resources and to protect, maintain and improve the aesthetic 

attributes of such environment for the propagation of wildlife and for 

the promotion of public health and welfare, and the enhancement of 

recreational and tourist facilities, as well as for agricultural and 

other legitimate beneficial uses, by providing a comprehensive program 

in the public interest of the prevention, abatement and control of 

littering and pollution of the environment within the territory and to 

provide effective means for the enforcement and carrying out of such 

program.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54103. Definitions. As used in this Chapter:

                (a) Beverage means beer, ale, malt liquor, and soft 

                drinks; provided, however, that for purposes of this 

                Chapter the term beverage shall not include items sold 

                in a non-liquid, or frozen form or liquid intended for 

                medicinal purposes only, or unadulterated, natural or 

                reconstituted fruit or vegetable juices.

                (b) Beverage container means an individual, separate, 

                aluminum can containing a beverage but does not mean a 

                glass bottle, plastic bottle, or paper or styrofoam 

                cup or carton.

                (c) Board means the Board of Directors of the Guam 

                Environmental Protection Agency.

                (d) Consumer means every person who purchases a 

                beverage in a beverage container for use or 

                consumption.

                (e) Dealer means every person who engages in the sale 

                of beverages or beverage containers to a consumer for 

                consumption off the premises.

                (f) Distributor means every person who engages in the 

                sale or distribution of beverages in beverage 

                containers to a dealer in this Territory, including 

                any manufacturer who engages in such sales.

                (g) Manufacturer means every person canning, or 

                otherwise filling beverage containers for sale to 

                distributors or dealers.

                (h) Metal Salvage Contractor means any person who 

                engages in the purchase and resale of beverage 

                containers in order to make a profit from the metal 

                value of the containers.

                (i) Person means an individual, corporation, company, 

                association, partnership, federal agency, or agency of 

                the government of Guam.

                (j) Use or Consumption includes the exercise of any 

                right or power over a beverage incident of the 

                ownership thereof, other than the sale or the keeping 

                retention of a beverage for the purpose of sale.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54104. Prohibition on Flip Top Metal Beverage Containers and 

Non-Aluminum Containers. No distributor or dealer shall sell or offer 

for sale in this territory any non-aluminum beverage container or any 

beverage container, a part of which is wholly detachable in opening 

without a can opener (flip top or pull top cans).



        The effective date of 54104 shall be July 1, 1989.



        SOURCE: Added by P.L. 17-46 and R/R by P.L. 19-55:2.                     Top of the page.



  54105. Metal Salvage Contractors. Anyone may apply to the 

Board for a license to operate a metal salvage business. Distributors, 

dealers may engage the services of a licensed metal salvage contractor 

to collect, store, process and dispose of containers. Metal salvage 

contractors may purchase containers from consumers, dealers and 

distributors.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54106. Refund Value. Dealers, distributors and metal salvage 

contractors shall post their current price in full view of consumers.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54107. Criminal Penalties. (a) It shall be unlawful for any 

person to violate any provision of this Chapter or any regulation 

prescribed or adopted pursuant to this Chapter.



        (b) Any person violating 53153 54104 shall be guilty of a 

misdemeanor.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54108. Severability. If any provision, clause or phrase of 

this Chapter, or the application thereof to any person, circumstances 

or any legal entity is held invalid, such invalidity shall not affect 

other provisions or application of this Chapter which may be given 

effect without the invalid provision or application and all provisions 

of this Chapter are declared to be separable.



        SOURCE: Added by P.L. 17-46.                     Top of the page.



  54109. Rules and Regulations. The Board may promulgate rules 

and regulations as necessary to implement the provisions of this 

Chapter in accordance with the Administrative Adjudication Law.



        SOURCE: Added by P.L. 17-46.                     Top of the page.







 


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URL: https://guamepa.govguam.net/regs/chapter54.html
Last update: 2 January 2001

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