Guam Administrative Code

§ 15309. Worker Protection Standard (WPS). (a) Worker Protection Standard (WPS) is a federal regulation aimed at reducing the risk of pesticide poisoning and injuries among workers, handlers, and volunteer workers who work in any farm, forest, greenhouse or nursery. (b) All agric…

§ 15401. Notice of Arrival. (a) Notice of Arrival Form. Any person desiring to import pesticides or pesticide devices into Guam – regardless of origin, type and quantity – shall submit to the Administrator a completed Guam EPA “Notice of Arrival” (NOA) form, no later than ten (10…

§ 15402. Arrival of Shipment. (a) Notice of Arrival Presented. Upon the arrival of a shipment, the importer, or his designee, shall present to the Customs Officer at the port of entry an approved and signed NOA which indicates the action to be taken by the Customs Officer with re…

§ 15403. Release of Shipment or Entry Refused. (a) If the signed and approved NOA directs the Customs Officer to release the shipment of pesticides or devices, and from examination if it appears to be in compliance, the shipment shall be released to the importer or his designee. …

§ 15404. Sample of Imports. (a) Upon the request of the Administrator, either on the NOA or otherwise written request, the Customs Officer shall allow the Administrator, or his designee, to collect samples from a shipment. If the sample is found to be in compliance with local and…

§ 15501. Exemptions. The pesticides or classes of pesticides listed in this section have been determined to be of a character not requiring regulation under FIFRA, and are therefore exempt from all provisions of FIFRA, the Act and this Chapter when intended for use, and used, onl…

§ 15502. Determination by Use. Some products are not pesticides because they are not deemed to be used for a pesticidal effect. A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not consi…

§ 15503. Locally Designated Restricted Use Pesticides. (a) Local Designation Authority. Pursuant to 10 GCA §50103(3), the Board, or its designee, has the authority to designate a restricted use pesticide. The consideration and designation of a restricted use pesticide must be don…

§ 15601. Instructor Qualifications. Basic Training, Core Training, or Category Training may be offered by the University of Guam, the Guam Community College or an independent contractor. Any person intending to provide any type of training must first meet the requirements set for…

§ 15602. General Use Pesticide Training Certification. (a) Basic Training. (1) Basic Training-A (“BT-A”). BT-A is required for applicants who are paid housekeeping workers including, but not limited to, cleaners and janitors in hotels, hospitals, apartment complexes or condominiu…

§ 15603. Restricted Use Pesticide Training Certification. (a) Certification of RUP-Applicators. Category Training is required for all restricted use pesticide applicators. Satisfactory completion of Core Training is required as a prerequisite for Category Training. Category Train…

§ 15604. Course and Exam Offerings. Training course and exam offerings are subject to space and instructor availability. Exams, however, will be offered at least once per month. A RTICLE 7 L ICENSES , P ERMITS , C ERTIFICATION C ARDS AND F EES

§ 15701. Special Licenses. (a) Pest Control Operator (PCO) License. Any person intending to conduct structural pest control in or around residential and commercial buildings shall obtain a PCO License from Guam EPA prior to conducting any structural pest control. D IV . 3 – P EST…

§ 15702. Permits. (a) Fumigation Permit. Any person intending to perform any fumigation must first obtain a Fumigation Permit from Guam EPA. An application for a Fumigation Permit shall be on a form prescribed by the Administrator and shall include, at minimum: (1) Information on…

§ 15703. Qualification and Certification Cards. Any person intending to apply pesticides as part of their occupational duties must first obtain a qualification/certification card from Guam EPA. Qualification/Certification cards shall be issued after successful completion of the a…

§ 15704. Fees. In order to fulfill the duties and responsibilities associated with the implementation of these regulations, the Agency hereby establishes conditions and fees as set forth in Table 1 of this Chapter. All fees shall be paid to and deposited into “The Pesticide Manag…

§ 15801. Enforcement Authorities. (a) The rules and regulations in this Chapter are promulgated by the Agency pursuant to 10 GCA Chapter, “The Guam Pesticides Act”. The Act also specifies the Agency’s authority to inspect and take necessary enforcement actions to carry out the pr…

§ 15802. Enforcement Procedures. All enforcement procedures shall comply with 5 GCA Chapter 9 – “The Guam Administrative Adjudication Law” and 10 GCA Chapter 50 – “The Guam Pesticides Act”. (a) Notice of Violation and Order of Compliance (NOV/OC). If – from an inspection, complai…

§ 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. D IV . 4 – S OLID W ASTE R EGULATIONS C H …

§ 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 D IV . 4 – S OLID W ASTE R EGULATIONS C H . 20 – S OLID W ASTE …

§ 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…