Title 10 — Health and Safety

(a) I Liheslaturan Guåhan finds: COL 2026-05-05 (1) the Ordot Landfill is a threat to the health and safety of the residents of Guam, and specifically for the residents of Ordot-Chalan Pago, Yona and the villages down river and downwind; (2) solid waste collection and disposal on…

For the purpose of this Chapter, the following words and phrases shall have the meanings given herein, unless their use in the text of the Chapter clearly demonstrates a different meaning. (a) Administrator means the Administrator of GEPA or his designee. (b) Agency means GEPA. (…

(a) The Agency shall have the authority under this Act and other laws of Guam, pursuant to the Administrative Adjudication Law, to: (1) prepare and adopt in accordance with the Administrative Adjudication Law an interim Solid Waste Management Plan, consistent with the provisions …

(a) The Administrator is authorized and directed to issue permits for all collectors, operators and solid waste management facilities, their design, operation, maintenance, substantial alteration, modification or enlargement. All such permits shall be non-transferable and conditi…

Each application for a permit, or renewal application, shall be accompanied by a certified check or money order in the amount prescribed by regulations. All fees required by the section shall be non- returnable and shall be placed in the revolving fund established under Section 5…

(a) The Agency is hereby authorized to inspect all solid waste and hazardous waste management facilities at all reasonable times to insure compliance with the laws of Guam, the provisions of this Chapter and the rules and regulations authorized herein. This authority shall includ…

A search warrant relating to offenses of environmental laws may be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant. SOURCE: Added by P.L. 24-309:7 (Dec. 1…

The Agency is hereby authorized to include as part of permit fees under § 51105, fees for inspections conducted of all solid waste management facilities, hazardous waste treatment, storage and disposal facilities, hazardous waste transporters, generators of hazardous waste, waste…

Any notice, order or other official correspondence affecting the rights of any person under this Chapter shall be delivered by personal service or sent by registered or certified mail with a return receipt to the address of such person as shown by the records of the Agency. The r…

(a) Any person who received an order from the Administrator as authorized by this Chapter and any person whose permit application is disapproved by the Administrator may, within fifteen (15) days of the date of receipt of such order or disapproval, file a Notice of Intent to appe…

(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 upo…

(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 hazardous waste; (3) Place, or allow to be placed, any hazardous w…

The Agency shall maintain an action to restrain any violation or threatened violation of the provisions of this Chapter or the rules and regulations authorized herein. Such right to injunctive relief is in addition to any other powers or penalties conferred by this Chapter.

All persons operating a sanitary landfill, hardfill, or other approved disposal site under permits issued pursuant to this Chapter shall, upon completion of the sanitary landfill or hardfill, file with the Department of Land Management and the Building Permit Section of the Depar…

Government agencies shall comply with all provisions of this Chapter including planning, review, and permit requirements, with the exception of § 51104(c). Government agencies may contract with any person to carry out their responsibilities under this Chapter. Such contractors sh…

(a) Solid Waste-Criminal Penalties. Any person who knowingly violates any solid waste management provision of this Chapter, or any valid solid waste management rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by …

(a) Any person may commence a civil action on his behalf: (1) Against any person (including the United States, and any other governmental instrumentality or agency, to the extent permitted by law) who is alleged to be in violation of any permit, standard, regulation, condition, r…

There is established a non lapsing, revolving fund, hereafter referred to as the “Solid Waste Management Fund” which shall be maintained separate and apart from any other funds of the Government of Guam, and shall be administered by the Administrator. Independent records and acco…

[Repealed.] SOURCE: Added by P.L. 24-139:9 (Feb. 21, 1998). Repealed and reenacted by P.L. 24-272:1 (Oct. 2, 1998). Subsection (c) amended by P.L. 25-070:2 (July 15, 1999) and P.L. 25-093:1 (Dec. 29, 1999). Subsection (d) amended by P.L. 25-093:2 (Dec. 29, 1999). Subsection (e) a…

(a) The Plan to be adopted by the Agency shall address a solid waste management system for Guam which shall include, but not be limited to, source reduction, recycling, composting, resource recovery and sanitary landfilling, with the objective of reducing the amount of solid wast…

The Department of Public Works shall conduct a feasibility study on the commercial applications of methane recovery systems for the Layon Landfill. The study shall include, but not be limited to, alternatives such as, (a) the return on investment on government-built and operated …

It is hereby declared to be the purpose of this Article to define and prescribe procedures pertaining to littering, and to provide authority for the regulation of littering in order to enhance the environment for the people of Guam. SOURCE: GC § 57182 as added by P.L. 14-037:1 (J…

For the purpose of this Article, the following words shall have the meaning given herein unless their use in the text clearly demonstrates a different meaning: (a) Apprehending Officers shall mean any designated individual with the Department of Parks and Recreation, the Departme…

(a) The Administrator of the Guam Environmental Protection Agency, in consultation with the Attorney General’s Office, is empowered to prescribe and amend such rules and procedures as are necessary for the efficient implementation of this Article. (b) Violations of this Article w…

(a) There is established a non-lapsing, revolving fund to be known as the Litter Control Revolving Fund, which shall be maintained separate and apart from any other fund of the government of Guam and COL 2026-05-05 shall be administered by the Administrator. The Administrator sha…

(a) It shall be unlawful for any person to willfully or negligently deposit, throw, leave, or abandon any litter upon any public highway, street, alley or road, upon public parks or recreation areas, or upon any other public property, except as designated for such use, or upon pr…

Any person apprehended for violation of any of the above prohibitions shall be served by the apprehending officer with a citation and an order to appear at the Traffic Court Division of the Superior Court of Guam for prosecution. Parents or legal guardians will assume all respons…

(a) Any person in violation of § 51205(a) of this Article shall be fined Two Hundred Dollars ($200.00) for the first offense, Three Hundred Dollars ($300.00) for the second offense, and Five Hundred Dollars ($500.00) for the third and subsequent offenses, unless the litter is det…

The provisions of this Chapter are severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions …

As used in this Article, and except as otherwise provided, the following words and phrases shall mean: (a) “Administrator” shall mean the Administrator of the Guam Environmental Protection Agency, or his designee. (b) “Beneficial Use” shall mean the substitution of materials, eit…

There is hereby created the Recycling Revolving Fund (Fund), which shall be non-lapsing and maintained separate and apart from any other funds, including the General Fund of the government of Guam, and independent records and accounts shall be maintained thereof. The Recycling Re…

(a) All revenues from the Recycling Revolving Fund are hereby appropriated to the Guam Environmental Protection Agency to fund the following: (1) Guam EPA Administration and Planning of the Zero Waste and Recycling Programs. (A) The Administrator is authorized to spend ten percen…

The Administrator shall administer the Fund and shall encumber all amounts available in the Fund as expeditiously as possible for the purposes of assisting and encouraging recycling of recyclable materials and zero waste initiatives. The Administrator shall administer the Fund in…

The Director of Revenue and Taxation is hereby authorized to levy a Recycling Fee on individuals who are renewing their annual motor vehicle registration with the Department of Revenue and Taxation Division of Motor Vehicles, through the vehicle registration system. The Director …

Contract with Recycling Companies. (a) The Department of Public Works (DPW) and the Mayors Council of Guam (MCOG), in accordance with the applicable procurement laws and with the approval of the Administrator, are authorized to enter into contracts with recycling companies for th…

(a) The Administrator may establish new fees pursuant to the Administrative Adjudication Act. COL 2026-05-05 (b) The Administrator shall review the fees authorized by § 51305 and this Act, supra, every twenty- four (24) months, and is authorized to adjust the fees by not more tha…

There is hereby created a Recycling Industry Economic Stimulus Program (Program) to be administered by the Guam Environmental Protection Agency. The purpose of the Program is to provide economic stimulus funding to local recycling companies to support their recycling efforts. To …

The Administrator is authorized to establish a Zero Waste Grant Program that is in accordance with the Guam Zero Waste Masterplan that targets fifty percent (50%) and seventy-five percent (75%) waste reduction by 2035 and 2045, respectively. (a) Funds may be used for development,…

The Administrator is authorized to annually reimburse Guam Solid Waste Authority, as a government entity, up to Four Hundred Thousand Dollars ($400,000) in accordance with the Guam Zero Waste Masterplan for expenses that includes, but is not limited to, curbside recycling, househ…

As used in this Article: COL 2026-05-05 (a) Host Community means the concept of community master planning, where benefits are provided to the geographic region of a community where solid waste management facilities are located, such as sanitary landfills, incinerators and gasific…

For purposes of this Article, the Host Community shall be the villages of Inalåhan and Ordot. SOURCE: Added by P.L. 30-165:1 (July 16, 2010). 2024 NOTE: Reference to “Inarajan” replaced with “Inalåhan” pursuant to P.L. 36-016:2 (Apr. 9, 2021).

Host Community benefits may include, but not be limited to, the following: (a) Youth, Senior and Community Centers; (b) Recreation areas, to include parks, sports fields and public gathering areas; (c) Infrastructure to provide access to utilities, telecommunications, television …

The Municipal Planning Council of the Host Community village shall determine the projects to be funded for the village. SOURCE: Added by P.L. 30-165:1 (July 16, 2010).

(a) The Host Community premium shall be assessed from the opening of the Inalåhan landfill until the closing of the Inalåhan landfill. The aggregate Host Community premium is One Hundred Fifty Thousand Dollars ($150,000) per year for the village of Inalåhan. (b) The aggregate Hos…

The Host Community Fund shall be maintained separate and apart from all other government funds and managed by the Mayor and the Municipal Planning Council. No expenditure shall be made from the Fund that is not approved by resolution of the respective Municipal Planning Councils …

The Host Community Fund is exempt from the provisions of the Executive Budget Law (5 GCA Chapter 4). SOURCE: Added by P.L. 32-021:3 (April 11, 2013).

(a) The Host Community Fund may be encumbered as collateral for a loan or line of credit to advance its community benefit projects as described in § 51403 of this Article. The Municipal Planning Council of the Host Community is authorized to enter into such agreements necessary f…

Notwithstanding any other provision of Guam procurement law, the authority to procure supplies and services for the Host Community shall be delegated by the Chief Procurement Officer to the Municipal Planning Council of the Host Community. SOURCE: Added by P.L. 32-021:4 (Apr. 11,…

This Article shall be known and may be cited as “The Prutehi I Tanoʹ-ta Act.”

The Task Force shall be comprised of the following: (a) the Administrator of the Guam Environmental Protection Agency or his/her designee; (b) the General Manager of the Guam Solid Waste Authority or his/her designee; (c) the General Manager of the Guam Power Authority or his/her…