Guam Administrative Code

§ 21118. Enforcement. (a) Inspection and Entry. The Administrator shall have the power to enter at a reasonable time upon any private or public property for the purpose of inspecting and investigating conditions relating to these regulations. (b) The collector may terminate colle…

§ 21119. Severability. If any provision of these regulations, or the application thereof to any person or circumstance, is held to be invalid, then such invalidity shall not affect other provisions or the application of any part of these regulations which can be given effect with…

§ 21120. Application. All parts of these regulations apply to the Territory of Guam and shall become effective forty-five (45) calendar days after the date they are officially submitted to the Guam Legislature, or upon the date of approval by the Guam Legislature if such approval…

§ 22101. Purpose and Objective. The proper management of no-deposit beverage adverse effects of litter caused by these containers to the health, safety and welfare of the citizens of Guam. Beverage containers are the most rapidly growing segment of the islandwide waste stream, im…

§ 22102. Definitions. For the purpose of these regulations the following definitions shall apply: (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 Environm…

§ 22103. Prohibitions on Certain Types of Containers. No beverage container may be sold or offered for sale for consumer consumption by a distributor, dealer or any person in the Territory which is designed and constructed partially or completely of; (a) a metal other than alumin…

§ 22104. Temporary Variances. (a) A manufacturer, distributor, or dealer may apply to the Administrator for a temporary variance from § 22103 of these regulations. The Administrator may grant such temporary variances; (1) to allow reasonable time for depletion of accumulated inve…

§ 22105. Permits. (a) Permit Required. A permit is required for any person engaged in collection, storage, processing or disposal of beverage containers after purchase for resale in order to make a profit from 3 the metal value of the containers. A permit is not required for coll…

§ 22106. Posting of Container Refund Value. A metal salvage contractor or any person engaging in the purchase and resale of containers shall post the current redemption price for beverage containers in a conspicuous place at their place of business and in full view of consumers.…

§ 22107. Enforcement Procedures. (a) All procedures shall comply with the Administrative Adjudication Act of the Government Code of Guam. (b) Inspection and Entry. The Administrator shall have the authority to enter at a reasonable time upon any private or public property for the…

§ 22108. Severability. If any provision of these regulations, or the application thereof to any person or circumstance, is held to be invalid, then such invalidity shall not affect other provisions or the application of any part of these regulation which can be given effect witho…

§ 22109 Application NOTE: Public Law 17-046:1 (Feb. 1, 1984) enacted 10 GCA Chapter 54, the Territorial policy with regard to beverage containers, and in § 54109 gave the Guam Environmental Protection Agency Board authority to enact rules and regulations necessary to implement th…

§ 23101. Purpose, Scope, and Applicability. (a) The purpose of this Chapter is to establish the Guam’s minimum criteria for all Municipal Solid Waste Landfill (MSWLF) units and other solid waste management facilities. These minimum criteria are intended to ensure the protection o…

§ 23102. Definitions. (a) Unless otherwise noted, all terms contained in this Section are defined by their plain meaning. This Section contains definitions for terms that appear throughout this Chapter; additional definitions appear in the specific sections to which they apply. (…

§ 23103. Consideration of Other Federal Laws. The owner or operator of municipal solid waste landfill units and other facilities must comply with other applicable Federal rules, laws, regulations, and or other requirements.

§ 23104. Solid Waste Management Permit System. (a) Permits Required. It shall be unlawful for any person to initiate construction of, establish or operate any solid waste management facility or modify an existing solid waste management facility without a permit issued in accordan…

§ 23201. Airport Safety. (a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that are located within Ten thousand fee (10,000’) (Three thousand forty-eight (3,048) meters) of any airport runway end used by turbo jet aircraft or within Five tho…

§ 23202. Floodplains. (a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in One hundred (100) year floodplains must demonstrate that the unit will not restrict the flow of the One hundred (100) year flood, reduce the temporary water s…

§ 23203. Wetlands. (a) New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Administrator: (1) Where applicable, under §404 of the Clean Water Act or applicable Guam wetlands laws, the p…

§ 23204. Fault Areas. (a) New MSWLF units and lateral expansions shall not be located within Two hundred (200) feet (Sixty (60) meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Administrator that an alternative setback…

§ 23205. Seismic Impact Zones. (a) New MSWLF units and lateral expansions shall not be located in seismic impact zones, unless the owner or operator demonstrates to the Administrator that all containment structures, including liners, leachate collection systems, and surface water…

§ 23206. Unstable Areas. (a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in an unstable area must demonstrate that engineering measures have been incorporated into the MSWLF unit’s design to ensure that the integrity of the structu…

§ 23207. Closure of Existing Municipal Solid Waste Landfill Units. (a) Existing MSWLF units that cannot make the demonstration specified in §§23201, 23202, and 23206 of this Article 2, must close immediately, in accordance with §23601 and conduct post-closure activities in accord…

§ 23301. Solid Waste Accepted. (a) As a part of the permit application, the owner/operator shall report what wastes shall be accepted and identify any special handling required. Only wastes for which the facility has been permitted shall be accepted. (b) The permit application sh…

§ 23302. Solid Waste Excluded. (a) Using information indicated on the permit application, the Administrator determines specific wastes to be excluded and the permittee shall identify them in the plans. The generator of excluded wastes and hazardous materials shall report these wa…

§ 23303. Procedures for Excluding the Receipt of Hazardous Waste. (a) Owners or operators of all MSWLF units must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes as defined in Guam’s Hazardous Waste Management Regulation…

§ 23304. Cover Material Requirements. (a) Except as provided in Subsection (b) of this §23304, the owners or operators of all MSWLF units must cover disposed solid waste with Six (6) inches of earthen material at the end of each operating day, or at more frequent intervals if nec…

§ 23305. Disease Vector Control. (a) Owners or operators of all MSWLF units must prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment. (b) For purposes of this Section, ‘disease vectors’ mean…

§ 23306. Explosive Gases Control. (a) Owners or operators of all MSWLF units must ensure that: (1) the concentration of methane gas generated by the facility does not exceed Twenty-five Percent (25%) of the lower explosive limit for methane in facility structures (excluding gas c…

§ 23307. Air Criteria. (a) Owners or operators of all MSWLFs must ensure that the units do not violate any applicable requirements developed under 43 a State Implementation Plan (SIP) approved or promulgated by the United States Environmental Protection Agency (USEPA) Administrat…

§ 23308. Access Requirements. (a) Owners or operators of all MSWLF units must control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both, as appropriate to protect human health and the env…

§ 23309. Run-on/Run-off Control Systems. (a) Owners or operators of all MSWLF units must design, construct, and maintain: (1) a run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a Twenty-five (25) year storm; (2) a run-of…

§ 23310. Surface Water Requirements. MSWLF units shall not cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including, but not limited to, the National Pollutant Discharge Elimination Syst…

§ 23311. Liquid Restrictions. (a) Bulk or non-containerized liquid waste may not be placed in MSWLF units unless: (1) the waste is household waste other than septic waste; or (2) the waste is leachate or gas condensate derived from the MSWLF unit and the MSWLF unit, whether it is…

§ 23312. Recordkeeping Requirements. (a) The owner or operator of a MSWLF unit must record and retain near the facility in an operating record or in an alternative location approved by the Administrator, the following information as it becomes available: (1) any location restrict…

§ 23313. 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 and meet all appropriate federal and local Occupational Safety and Health Act requirements. (b)…

§ 23401. Design Criteria for Municipal Solid Waste Landfills. (a) New MSWLF units and lateral expansions shall be constructed: (1) in accordance with a design approved by the Administrator. The design must ensure that the concentration values listed in §23403 of this Chapter will…

§ 23402. Design Criteria for Solid Waste Management Facilities other than MSWLF. (a) Plans for the design, construction, and operation of solid waste management sites or modifications to existing sites shall be prepared or approved by a professional engineer and submitted to the …

§ 23403. Table of Maximum Contaminant Levels (MCL) for Constituents at the Relevant Point of Compliance. Chemical MCL(mg/l) Arsenic 0.05 Barium 1.0 Benzene 0.005 Cadmium 0.01 Carbon tetrachloride 0.005 Chromium (hexavalent) 0.05 2,4-Dichlorophenoxy acetic acid 0.1 1,4-Dichloroben…

§ 23501. Applicability. (a) The requirements in this part apply to MSWLF units, except as provided in Subsection (b) of this §23501. 53 (b) Ground-water monitoring requirements under §§23502 through 23506 of this Chapter may be suspended by the Administrator for a MSWLF unit if t…

§ 23502. Ground-water Monitoring Systems. (a) A ground-water monitoring system must be installed that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield ground-water samples from the uppermost aquifer (as defined in §23102 of this Ch…

§ 23503. [Reserved.] [Reserved.]

§ 23504. Ground-water Sampling and Analysis Requirements. (a) The ground-water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of ground-water quality at the backgro…

§ 23505. Detection Monitoring Program. (a) Detection monitoring is required at MSWLF units at all ground-water monitoring wells defined under Items (1) and (2) of Subsection (a), §23502 of this Chapter. At a minimum, a detection monitoring program must include the monitoring for …

§ 23506. Assessment Monitoring Program. (a) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in Appendix I or in the alternative list approved in accordance with Item (2) o…

§ 23507. Assessment of Corrective Measures. (a) Within Ninety (90) days of finding that any of the constituents listed in Appendix II have been detected at a statistically significant level exceeding the ground-water protection standards defined under Subsections (h) or (i) of…

§ 23508. Selection of Remedy. (a) Based on the results of the corrective measure assessment conducted under §23507 of this Chapter, the owner or operator must select a remedy that, at a minimum, meets the standards listed in Subsection (b) of this §23508. The owner or operator mu…

§23509 of this Chapter. The owner or operator must notify the Administrator that a copy of the letter of credit has been placed in the operating record. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operati…

§23601 ‘Closure criteria’ of this Chapter. (3) ‘Active portion’ means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with Article 6, §23601 ‘Closure criteria’ of this Chapter. (4) ‘Administrator’ shall mean the …

§ 23602. Post-Closure Care Requirements. (a) Following closure of each MSWLF unit, the owner or operator must conduct post-closure care. Post-closure care must be conducted for Thirty (30) years, except as provided under Subsection (b) of this §23602, and consist of at least the …