Prohibited Solid Waste Activities

(a) It shall be unlawful for any person to: (1) Violate any provision of this Chapter or any rule, regulation, standard, or order issued pursuant to this Chapter; (2) Own, operate or use a dump for the disposal of solid waste; (3) Place, or allow to be placed, any solid waste upon the highways, public or private property contrary to the provisions of this Chapter; (4) Manage solid waste facilities without a permit issued pursuant to this Chapter; (5) Store, collect, transport, process, or dispose of solid waste in such a manner as to degrade the environment, create a public nuisance, create a health or safety hazard, or violate any provisions of this Chapter; (6) Transport any solid waste in any vehicle in any street or highway unless adequate precautions are taken to prevent such solid waste from falling or from being dislodged from such vehicle upon any street, highway, or any other public or private property; (7) Not immediately pick up and remove waste which has fallen off the vehicle they are operating during the course of transportation upon any street, highway or any other public or private property; (8) No person shall destroy or attempt to destroy by burning, except as authorized by 10 GCA § 73113, any garbage, dead animals or other offensive substances, the burning of which may give off foul and noisome odor. Nothing in this Section shall preclude the burning of trees, brush, grass and other vegetable matter authorized by the Administrator. (9) Improperly manage or operate a solid waste management facility. (10) Improperly manage or operate a hazardous waste management facility. (b) Each day of continued violation of this section or the provisions of this Chapter or rules and regulations authorized herein shall be deemed a separate offense or violation. SOURCE: Subsection (a) (8) repealed and reenacted by P.L. 24-139:6 Feb. 21, 1998); P.L. 25-175:6 (Dec. 12, 2000). Subsection (a) (9) added by P.L. 24-139:7 (Feb. 21, 1998). Subsection (a) (8) repealed and reenacted by P.L. 24-272:1 (Oct. 2, 1998). Subsection (a) (9) repealed and reenacted by P.L. 24-272:1. Subsection (a) (10) repealed and reenacted by P.L. 24-272:1. 2011 NOTE: P.L. 24-139 was found to be invalid by the Guam Supreme Court in Pangelinan v. Gutierrez, 2000 Guam 11, thereby voiding the effects to this section by that public law. P.L. 24-272 was found to be invalid by Pangelinan v. Gutierrez, 2004 Guam 16. However, in San Miguel v. DPW, 2008 Guam 3, the Court reversed and found P.L. 24-272 to be valid.