Guam Administrative Code

§ 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. 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] 57 (b) Ground-water monitoring requireme…

§ 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 …

§ 23701. Applicability and Effective Date. (a) The requirements of this Article 7 apply to owners and operators of all MSWLF units, except owners or operators who are local or federal government entities whose debts and liabilities are the debts and liabilities of Guam or the Uni…

§ 23702. Financial Assurance for Closure. (a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of all MSWLF units ever requiring a final cover as required under §23601 of this Chapter at…

§ 23703. Financial Assurance for Post-Closure Care. (a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the MSWLF unit in compliance with the post-closure plan developed under §2…

§ 23704. Financial Assurance for Corrective Action. (a) An owner or operator of a MSWLF unit required to undertake a corrective action program under §23509 of this 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] 90 Chapte…

§23705. The letter of credit must provide that the expiration date will be automatically extended for a period of at least One (1) year unless the issuing institution has cancelled the letter of credit by sending notice of cancellation by certified mail to the owner and operator …

§257.2. A Municipal Solid Waste Landfill unit also may receive other types of RCRA Subtitle D wastes, such as commercial solid waste, non-hazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A Municipal S…

§4005 of the RCRA. (h) Municipal Solid Waste Landfill units containing sewage sludge and failing to satisfy these criteria violate §§309 and 405(e) of the Clean Water Act of 1977, 33 U.S.C. 1251, as amended. (i) This Part shall be effective immediately. COL 2026-08-06 D IV . 4 – …

§ 24101.1. Purpose, Scope, and Applicability. (a) The purpose of this Article is to establish the minimum standards to implement Guam’s Recycling Law, Article 5 of D IV . 4 - S OLID W ASTE R EGULATIONS C H . 24 - R ECYCLING 2 Chapter 51, Division 2, Part 2, Title 10, Guam Code An…

§ 24101.2. Definitions. For the purposes of this Article, except as otherwise provided, the following words and phrases, together with all of the common derivations thereof, shall have the meaning ascribed to them as follows: (a) “Administrator” shall mean the Administrator of th…

§ 24101.3. Compliance and Inspections. (a) DPW and GEPA are authorized to conduct inspections of recycling centers, recycling facilities, and inspect and obtain records of importers and dealers, and any applicable facility or documentations required to verify compliance with this…

§ 24101.4. Penalties and Fines. (a) Any person who violates any provision of this Article shall be subject to the penalties provided for in Section 51115 of Article 1, Chapter 51, Division 2, Part 2 of Title 10 of the Guam Code Annotated. S UBARTICLE 2 R ECYCLING R EVOLVING F UND…

§ 24102.1. Administration of Recycling Revolving Fund. The administration of the recycling revolving fund as authorized in § 51504 of Article 5 of Chapter 52 of Division 2 of Title 10, GCA, which was repealed and reenacted by P.L. 28-171, and is as follows: D IV . 4 - S OLID W AS…

§ 24102.2. Adjustment of Recycling Fees. This section shall be implemented in accordance with § 51508 Article 5 of Chapter 51 of Division2, Title 10, GCA, which was repealed and reenacted by P.L. 28-171. S UBARTICLE 3 R ECYCLING F EES 2023 NOTE: Added as Part C (§§ 23503.1-23503.…

§ 24103.1. Schedule of Recycling Fees. (a) The recycling fees shall be implemented in accordance with § 51508 Article 5 of Chapter 51 of Division 2, Title 10, GCA, which was repealed and reenacted by P.L. 28-171, and are imposed as follows: (1) Twenty Five Dollars ($25.00) annual…

§ 24103.2. Collection of Fees. (a) Department of Revenue and Taxation Division of Motor Vehicles hereinafter referred to as “DRT” shall be responsible for the collection of the recycling fees as specified in § 24103.1. of this article on persons who are renewing their annual moto…

§ 24103.3. Notice of Recycling Fee Payment. (a) Vehicle Registration form(s) issued to a person shall reflect, as a line item, the recycling fee that has been paid by the person as specified in § 24103.1. of this article. S UBARTICLE 4 P AYMENT OF R ECYCLING F EES 2023 NOTE: Adde…

§ 24104.1. Dealers of Automobiles, Bus, Trucks, Motorcycles, Heavy Equipments and other Motor Vehicles. (a) Upon the effective date of this Article, dealers shall be responsible for the payments of the recycling fee as established through this article for imported automobiles, bu…

§ 24104.2. Annual Renewals of Vehicle Registration. (a) Upon the effective date of this Article, person(s) who owns a motorized vehicle shall be responsible for the payments of D IV . 4 - S OLID W ASTE R EGULATIONS C H . 24 - R ECYCLING 11 the recycling fee, as established throug…

§ 24104.3. Recordkeeping Requirements. (a) DRT shall maintain records for at least five (5) years reflecting the following: (1) Number of motor vehicles registered during the fiscal year according to the motor vehicle and recycling fee identified in § 24103.1. (2) Transmittal rec…

§ 24104.4. Reporting Requirements. (a) DRT shall submit to DPW, on or before January 15th of each year, annual summary reports of the records required to be kept in § 24104.3.(a)(1) for the previous year. S UBARTICLE 5 I MPORTERS OF T IRES , B ATTERIES , M OTORIZED V EHICLE , H E…

§ 24105.1. Registration Requirement. (a) Within 30 days upon the effective date of this Article, all importers of white goods, batteries, tires, motorized vehicles including but to limited to heavy equipments for the purpose of resale, shall register with the DPW using the DPW Re…

§ 24105.2. Recordkeeping Requirements. (a) Records shall be maintained for at least five (5) years reflecting the following: (1) Quantities and type of recyclable materials imported. Copies of shipment records may be use to satisfy this requirement; (2) Copies of paid receipts fr…

§ 24105.3. for the previous year. S UBARTICLE 6 R ECYCLING C ENTERS 2023 NOTE: Added as Part F (§§ 23506.1-23506.7) by P.L. 29- 019:VI:100 (Sep. 29, 2007), renumbered and designated as Subarticle 6 by the Compiler pursuant to authority granted by 1 GCA § 1606.

§ 24106.1. Acceptance of Recyclable Materials for Recycling. (a) Effective 12 months after the implementation of this Article, DPW certified recycling centers shall accept recyclable materials for the purpose of recycling by persons who verifies proof of payment of recycling fee …

§ 24106.2. Requirements for Certified Recycling Centers. (a) Recycling centers shall be certified by the Department of Public Works, Solid Waste Management Division. (b) Recycling centers shall have GEPA Solid Waste Management Permits issued in accordance to § 51114 of 10 GCA Cha…

§ 24106.3. Application for Certification. (a) Upon the effective date of this Article, all proposed recycling centers must submit an application for certification for each Recycling Center site. Applications for certification shall be prepared on forms provided by DPW and shall i…

§ 24106.4. Posting of Certification. (a) Copies of DPW Certification of Recycling Centers shall be prominently displayed where costumers approaching the center can view it. (b) A certification sign shall not be displayed at a recycling center that is not certified by DPW.

§ 24106.5. Load Inspection Requirements. (a) Recycling Centers staff shall visually inspect each load of recyclable materials for which is to be accepted by the recycling center. All inspections shall be recorded in an incoming log sheet with the following information: (1) Date a…