Guam Administrative Code

§ 20131. Severability. D IV . 4 – S OLID W ASTE R EGULATIONS C H . 20 – S OLID W ASTE D ISPOSAL R EGULATIONS 2 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 w…

§ 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. D IV .…

§ 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: D IV . 4 – S OLID W ASTE R EGULATIONS C H . 21 – S OLID W ASTE C OLLECTION R EGULATIONS 8 (a) Vehicles that carry garbage or other putrescible waste shall…

§ 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.

§ 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 D IV . 4 – S OLID W ASTE R EGULATIONS C H . 22 – B EVERAGE C ONTAINER …

§ 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…

§ 23104.1. Exemptions: Small-scale Composting Activities. (a) For purposes of this Section, the following definitions shall apply: COL 2026-08-06 D IV . 4 – S OLID W ASTE R EGULATIONS C H . 23 – S OLID W ASTE D ISPOSAL [A DOPTED IN 1997] 28 (1) “ Community Garden ” means collabor…

§ 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 th…

§ 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…