Guam Administrative Code

§ 15803. Denial, Suspension, and Revocation. The issuance, suspension, or revocation of any certification card, license or permit issued under these regulations shall not relieve an individual from the criminal and civil penalty provisions of the Act or any litigation for any dam…

§ 15901. Severability. If any provision of this Chapter or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid prov…

§ 20101. Purpose and Objectives. Whereas, open dumping and improperly operated landfills foster the creation of public nuisances, environmental pollution, health hazards, safety hazards including, but not limited to: (a) insect and rodent breeding; (b) noise; (c) dust; (d) fire; …

§ 20102. Definitions. For the purposes of these regulations the following definitions are in effect: (a) Administrator shall mean the Administrator of the Guam Environmental Protection Agency or his duly authorized agent, officer or inspector. (b) Agency shall mean the Guam Envir…

§ 20103. Solid Waste Management Permit System: Permits Required. It shall be unlawful for any person to establish, or operate any solid waste disposal facility or modify an existing disposal facility without a permit issued in accordance with the provisions of these Regulations. …

§ 20104. Same: Application for Permit. (a) Application for a permit shall be completed on forms furnished by the Administrator and shall include the following information: (1) Detailed plans and specifications for the facility. (2) Certification of compliance with zoning requirem…

§ 20105. Same: Action on Application. (a) The Administrator shall act on an application within a reasonable time, not to exceed thirty (30) days from the date the application is received and shall notify the applicant in writing of the approval or denial of the application. If th…

§ 20106. Same: Duration of Permit. The Administrator shall grant a permit for two (2) years following the date of issuance and upon application may renew a permit.

§ 20107. Same: Modification, Suspension or Revocation of Permit. The Administrator may, on his own motion or the application of any person, modify, suspend or revoke a permit if, after affording the permit holder a hearing, he determines that any condition of the permit has been …

§ 20108. Same: Transfer of Permit. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another, from one solid waste disposal facility to another or from one person to another, without the written approval of the Administrator…

§ 20109. Same: Reporting Termination. Sixty (60) days prior to closure, any person issued a permit shall report the permanent termination of a solid waste processing or disposal facility for which the permit has been issued to the Administrator and within thirty (30) days after c…

§ 20110. Same: Posting of Permit. Upon granting an approval for a permit, the Administrator shall issue to the applicant a permit which shall be posted in a conspicuous place at or near the operation site for which the permit was issued. 10…

§ 20111. Same: Falsifying or Altering Permit. No person shall willfully deface, alter, forge, counterfeit or falsify a permit. Any such activity shall bring about immediate revocation of the permit.

§ 20112. Solid Waste Disposal Operations: Solid Wastes Accepted. (a) As a part of the permit application, the owner shall report what wastes shall be accepted and identify any special handling required. In general, only wastes for which the facility has been specifically approved…

§ 20113. Same: Solid Wastes Excluded. (a) Using information indicated on the permit application, the Administrator and the permittee shall jointly determine specific wastes to be excluded and shall identify them in the plans. The generator of excluded wastes and hazardous materia…

§ 20114. Same: Hazardous Waste Materials. Disposal of hazardous wastes from generators with a total hazardous waste production of 200 kilograms (440 pounds) or more per calendar month, or from generators with a total 12 production of 1 kilogram (2.2 pounds) or more of acutely haz…

§ 20115. Same: Site Selection. (a) Site selection and utilization shall be consistent with public health and welfare, air and water quality standards and compatible with current land-use planning goals. (b) [No text.] (1) The site shall be designed in a manner to protect or minim…

§ 20116. Same: Design. (a) Plans for the design, construction and operation of new sites or modifications to existing sites shall be prepared or approved by a professional engineer and submitted to the Administrator for approval. (b) [No text.] (1) The types and quantities of all…

§ 20117. Same: Water Quality. (a) New and existing landfills shall develop and operate a surface water or a groundwater monitoring program: (1) The groundwater monitoring program shall include the use of monitoring wells established hydraulically upgradient, downgradient and bene…

§ 20118. Same: Air Quality. (a) The design, construction and operation of the land disposal site shall conform to applicable air quality standards and air pollution control regulations for the territory of Guam. (b) Plans shall include an effective dust control program during con…

§ 20119. Same: Gas Control. (a) Decomposition gases generated within the land disposal site shall be controlled on site, as necessary, to avoid posing a hazard to occupants of adjacent property. (b) Plans shall assess the need for gas control and indicate the location and design …

§ 20120. Same: Vectors. (a) Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors. (b) Plans shall include contingency programs for vector control, and the operator shall be prepared at all times to implement these procedures.…

§ 20121. Same: Aesthetics. (a) The landfill disposal site shall be designed and operated at all times in an aesthetically acceptable manner. (b) Plans shall include an effective litter control program including: (1) Use of portable litter fences or other devices in the immediate …

§ 20122. Same: Cover Material. (a) Cover material shall be applied daily over the entire working face or more often if necessary to minimize fire hazards, infiltration of precipitation, odors and blowing litter; control gas venting and vectors; discourage scavenging; and provide …

§ 20123. Same: Compaction. (a) In order to conserve land disposal site capacity, thereby preserving land resources, and to minimize moisture infiltration and settlement, solid waste and cover material shall be compacted to the smallest practicable volume. (b) Solid wastes may be …

§ 20124. Same: Landfill Operation. (a) Arrangements shall be made and indicated in the plans whereby substitute equipment will be available to provide uninterrupted service during routine equipment maintenance periods or equipment breakdowns. An equipment maintenance facility sha…

§ 20125. Same: Safety. (a) The land disposal site shall be designed, constructed and operated in such a manner as to protect the health and safety of personnel associated with the operation. (b) The operating manual shall describe safety precautions and procedures to be employed …

§ 20126. Same: Records. (a) The permittee shall maintain records and monitoring data to be provided, as required, to the Agency. The application for permit should prescribe methods to be used in maintaining records and monitoring the environmental impact of the land disposal site…

§ 20127. Litter Control: Receptacle Design. (a) Receptacles shall be of sufficient capacity to contain the litter generated during the period between collections. (b) Receptacles (not including the liners) shall be constructed of material that is fire retardant, will withstand no…

§ 20128. Same: Receptacle Location. Litter receptacles shall be placed in public places including but not limited to the following: (a) drive-in restaurants and fast food outlets; (b) gasoline service stations; (c) shopping centers; (d) grocery stores; (e) boat launching and take…

§ 20129. Same: Receptacle Maintenance. (a) Receptacles shall be maintained by the owner/operator of the property upon which it is located. If a receptacle is found defective for the intended use then it shall be repaired or replaced at the owner/operator’s expense. (b) Receptacle…

§ 20130. Compliance Schedule. The Administrator may establish a Compliance Schedule in order to rectify violations of these Regulations. The violator shall adhere to the conditions of the Compliance Schedule in order to preclude assessment of penalties as described in P.L. 14-37.…

§ 20131. Severability. 1 NOTE: Rule-making authority cited for formulation of solid waste and litter control by the Guam Environmental Protection Agency, 10 GCA § 45106. These rules were filed with the Legislative Secretary on June 6, 1982. Regulatory power for the control of sol…

§ 21101. Objective and Purpose. Solid waste must be efficiently collected and properly transported in order to avoid hazards to health, safety and the environment. Proper management of Guam's refuse collection system will promote effective vector control as well as prevent signif…

§ 21102. Definitions. For the purposes of these regulations the following definitions are in effect: (a) Administrator shall mean the Administrator of the Guam Environmental Protection Agency or his designee. (b) Agency shall mean the Guam Environmental Protection Agency. (c) Boa…

§ 21103. Permits. A permit is required for any person providing a regular collection service to a business, place, residence or institution. A permit is also required for any generator or group of generators that store, collect and transport as an activity of business operation. …

§ 21104. Permit Application. (a) The applicant(s) shall use forms as provided by the Agency, shall make two (2) additional copies of the completed forms, and shall submit the original and a copy to the Agency and keep one (1) copy on file. (b) The permit application for the colle…

§ 21105. Action on the Application. (a) The Administrator shall evaluate the permit application and act upon it within thirty (30) calendar days after the receipt of the application and shall notify the applicant in writing of the action taken. (b) Additional information necessar…

§ 21106. Duration of Permit. (a) Unless otherwise restricted or revoked by the Administrator the permit is valid for three (3) years. (b) The renewal application shall be submitted between ninety (90) to thirty (30) calendar days prior to the expiration date of the permit. 6…

§ 21107. Revocation. (a) The Agency may, on its own motion or by the application of any person, modify, suspend or revoke a permit if, after affording the permit holder a hearing, it is determined that any condition of the permit or any regulation of the Agency has been violated,…

§ 21108. Transfer. The permit is not transferable to any other person operator, organization of business without the prior written approval of the Administrator.

§ 21109. Termination. The permit may be terminated after written notification of such action is received by the Agency. It will be required that the permit be surrendered when operations cease.

§ 21110. Posting. The permit shall be posted in a conspicuous spot at the collector's business or administrative office.

§ 21111. Alteration. It shall be unlawful for anyone to intentionally deface, alter, forge, counterfeit or falsify a permit. Any alteration as described in this section shall bring about immediate revocation of the permit.…

§ 21112. Vehicle Design and Use. Vehicles used for the collection and transport of solid waste shall adhere to the following: 7 (a) Vehicles that carry garbage or other putrescible waste shall be maintained in a clean condition and shall be washed at least once per week. Washwate…

§ 21113. Standards and Regulations: Generally. (a) It is required that any occupant, operator or owner or any business, non-profit organization or institution, public or private park, mobile canteen or concession stand, or the promoter of any event where an excess of one hundred …

§ 21114. Responsibilities of the Collection System User. (a) Residential User: (1) On the designated collection day bundles and solid waste containers shall be placed at a spot readily accessible to the collection crew. (A) The container stands, or any device used to hold waste c…

§ 21115. Responsibilities of the Collector. (a) Where the collector furnishes containers, he shall be responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions or agreements. The collecto…

§ 21116. Ownership. Solid waste shall become property of the collection service after such time as the collector takes possession.

§ 21117. Tampering. It shall be unlawful for any person to remove or tamper with any container or bundle that has been placed for collection without the container owner’s permission.