Title 10 — Health and Safety

The following terms wherever used or referred to in this Article or in any indenture, lease or lease- back entered into pursuant hereto (except to the extent modified therein in accordance with this Article) shall have the following meanings, respectively, unless a different mean…

(a) I Maga’hågan/Maga’låhen Guåhan may enter into a lease and lease-back on behalf of the Department for the financing of the acquisition, construction, improvement, equipping, repair, renewal, replacement, or reconstruction of any solid waste facility, together with operation an…

Subject to the approval of I Liheslaturan Guåhan, the government of Guam or the Department may solicit proposals, in compliance with the Guam Procurement Law, for the financing and construction of the solid waste facility, together with the operation and maintenance of the solid …

Notwithstanding any provision of law or regulation, the Department has power and is hereby authorized, in addition to all other powers conferred upon the Department by the Guam Solid Waste Management and Litter Control Act or any other provision of this Chapter or by any law of G…

To facilitate the purposes of this Article and to provide security for the bondholders, the contractor may assign, with the consent of the Department, the lease and the lease-back to any trustee, underwriter or other appropriate party as may be necessary to facilitate the issuanc…

To minimize the financing cost to the Department, all financing utilized by the contractor to fund the construction, operation and maintenance of a solid waste facility shall be through tax-exempt obligations, if a mechanism to do so is available. The purpose for this requirement…

A lease-back shall provide that payment of obligations thereunder may be secured by a pledge of and lien upon all or any portion of the revenue of the system, subject to any parity lien created pursuant to Article 8 of this Chapter. Any such pledge and lien shall be valid and bin…

The government of Guam is fully committed to ensuring that the Department has the ability to implement the capital improvements authorized to be leased by this legislation in order to meet the needs of Guam ratepayers for reliable and affordable services. The government also is f…

Facility. The lease-back may require that the contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the improvements, on-site infrastructure, construction, permits and financing associated with the completion of a solid waste facility, …

I Maga’hågan/Maga’låhen Guåhan is hereby authorized to enter into such contracts or agreements, on behalf of the Department, with such banks, insurance companies or other financial institutions as it determines are necessary or desirable to improve the security and marketability …

Neither I Maga’hågan/Maga’låhen Guåhan, the Director, any employee of the Department, any employee of the government nor any elected official of the government shall be individually or personally liable for the payment of any amounts due under any lease or lease-back, or for any …

The Department may promulgate rules and regulations pursuant to Guam law necessary to implement the provisions of this Article. COL 2025-12-23

This Article shall be liberally construed to carry out the objects and purposes and the declared policy of the government of Guam as in this Article set forth. Nothing contained in this Article shall be construed directly or by implication to be in any way in derogation or limita…

If any provision of this Article 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 Article which can be given effect without the invalid provisions or application, …