Title 10 — Health and Safety

The Attorney General shall, upon referral by the Director, prosecute a violation of this Chapter. Before any violation of this Chapter is reported to the Territorial Prosecutor, the alleged offender shall be given appropriate notice and a hearing before the Director, either orall…

(a) The Director shall adopt and promulgate regulations under this Chapter in conformance with the regulations established pursuant to the Federal Hazardous Substances Act. Such regulations adopted and promulgated by the Director shall not conflict with those regulations adopted …

(a) For the purpose of this Chapter, officers or employees duly designated by the Director, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse or establishment in which hazard…

For the purpose of enforcing the provisions of this Chapter carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substance so received shall, upon the request of the Director, permit such officer or employee, at reasonable…

(a) The Director may publish from time to time reports summarizing any judgments, decrees or court orders which have been rendered under this Chapter. (b) The Director may disseminate information regarding hazardous substances in situations involving, in the opinion of the Direct…

(a) The Department shall provide testing to any person who requests such tests for hazardous substances defined by Section 32101(b)(4) of this Chapter. The fee for such testing shall be set by the Department pursuant to the provisions of the Administrative Adjudication Law. (b) T…

Liability Insurance Coverage. The government of Guam shall procure liability insurance coverage for hazardous substances defined by Section 32101(b)(4) of this Chapter to insure itself against claims for injury, disability and death arising under the provisions of this Chapter. T…

Apparent. (a) On a finding by the Commission that the government of Guam or any of its employees, officers or agents was negligent in the handling, storage, management, generation, disposal or transportation of hazardous substances defined by Section 32101(b)(4) of this Chapter, …

Within thirty (30) days of exposure, a person must report such exposure to the Commission in order to be eligible for compensation under this Chapter. SOURCE: Added by P.L. 20-110:4.

Nothing within this Chapter shall be construed to qualify any person for benefits under the Worker's Compensation Law. SOURCE: Added by P.L. 20-110:4

[Repealed] SOURCE: Added by P.L. 20-110:4. NOTE: P.L. 23-128:IV:19 repeals the Hazardous Substance Fund and provides for A... any and all remaining balances are reverted to the General Fund. All revenue previously earmarked into this Fund shall continue to be collected and credit…

If any of the provisions of this Chapter, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect any other provisions or application of this Chapter which can be given effect without the invalid provision or application, and t…

Every agency shall report incidents of exposure to hazardous substances defined by Section 32101(b)(4) of this Chapter to the Department within ten (10) days. The Department shall compile and maintain statistics of injuries and deaths attributed to said hazardous substances. The …

Any government of Guam employee who, in the line and scope of his or her employment: (a) Is required to enter a site where a suspected hazardous substance exposure, as defined by § 32101(b)(4) of this Chapter, has occurred, either to make inspection, investigation or assist in se…

As used in this Chapter: (a) Garbage means the solid or semi-solid but reusable animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods, including cans, bottles and cartons, in which it was received and wrapping in which it may have been …

No person shall have on his premises any garbage or rubbish except as provided in this Chapter. SOURCE: GC § 9630.1.

All garbage and rubbish shall be stored and maintained in durable receptacles which shall have close fitting covers, unless otherwise prescribed in the rules and regulations promulgated under this Chapter. SOURCE: GC § 9630.2.

Each person shall provide adequate containers for the storage of all garbage and rubbish prior to collection on the premises where he resides except that where there are multiple dwelling units confined to one (1) property and consisting of five (5) or more units, the owner shall…

The owner or operator of any business establishments or commercial operation shall provide adequate containers for the storage of garbage or rubbish that is generated in the course of operating his business or commercial enterprise. SOURCE: GC § 9630.4.

Garbage and rubbish shall be removed from all premises at regular intervals as may be established by regulation, but under no circumstances shall garbage or rubbish accumulate for a period exceeding seven (7) days. SOURCE: GC § 9630.5.

No person shall maintain or permit the establishment of a dump on their premises unless as otherwise permitted by law. SOURCE: GC § 9630.6.

COL120106 The Director is authorized to prescribe by regulation such processing and limitations with respect to the use of garbage as animal feed or other use as he may deem necessary for the public health. No garbage shall be sold or disposed of as food for human consumption. SO…

Vehicles used for conveying garbage or rubbish shall not be used for the transportation or conveyance of any food or drink that will or may be used for human consumption. SOURCE: GC § 9630.8. ---------- ARTICLE 2 SWMF HEALTH MONITORING AND COMPENSATION. SOURCE: This article was a…

Solid Waste Management Facilities (>SWMF=) have byproducts that if exposed repeatedly, or consumed in finite amount, can be detrimental to good health. The community where the SWMF is processing municipal solid waste should be compensated for accepting a facility (incinerator, la…

This Article may be cited or referred to as the, ASWMF Health Monitoring and Compensation Act of 1998.A

In addition to the words and phrases defined herein, all definitions contained in '51102 of Chapter 51, Part 2, Division 2 of Title 10 of the Guam Code Annotated are applicable, unless specifically defined for in this Chapter: (1) Department means the Department of Public Health …

All efforts toward the opening, maintenance, operation and closure of solid waste management facilities, including dump sites, landfills, incinerators and the like, shall be taken with utmost caution, taking into consideration the environmental impact of such municipal solid wast…

The Director of DPHSS shall have standing to bring a lawsuit in the Superior Court of Guam for public nuisance in order to enjoin the operation of a SWMF. ---------- COL120106 COL120106

For purposes of this Article: (a) “Euthanasia” means putting an animal to death by drug in a manner provided by regulation of the Department of Agriculture (the Department). (b) “Impoundment” means strict confinement under restraint by leash, cage or paddock upon premises specifi…

No person shall own a pet unless it is licensed and wearing a license tag as provided by this Article. This shall not apply to pets under the age of three (3) months, pets in quarantine or pets brought into Guam for a temporary term not to exceed one (1) month for the exclusive p…

(a) Each pet shall be licensed by its owner. (b) The license shall be valid for three (3) years from the date of issue if the pet has received a three (3) year rabies vaccination at the time of issuance. Otherwise, the license shall be valid for the time remaining on the rabies c…

A blind or deaf person owning a dog trained to aid the blind or deaf, commonly called a seeing-eye or hearing-aid dog, shall be exempted from payment of any license fee. SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993).

All licenses for pets shall be issued by the Department upon payment of the fee. The license shall be in such form as the Director shall approve and shall include the following (a) The name and address of the owner; (b) The expiration date of the license; (c) The date of payment;…

A tag in such form and design as prescribed by the Director, stating the serial number of the tag and the license year, shall be issued with each license. The tag shall be attached to a collar around the neck of, or to a harness worn by the pet for which the license tag was issue…

If any license tag is lost, mutilated or stolen, the pet owner to whom such tag was issued shall be entitled to receive a replacement by presenting to the Department satisfactory proof that such tag was lost, mutilated or stolen. A substitute tag shall be issued upon payment of a…

A pet license shall be issued only upon presentation of a valid certificate of vaccination against rabies providing immunity during the period of licensure and signed by a licensed veterinarian. The type and quantity of rabies vaccine utilized to vaccinate pets within Guam and ac…

Any pet which, while running at large, has bitten a person or persons two (2) or more times may be declared to be a vicious pet and ordered confined or destroyed by the Director. SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993).

It shall be lawful for any officer, if there are no other readily available means of bringing the pet under control, to kill any pet that constitutes an immediate menace to any person. The officer shall turn the carcass of the pet over to the Department as soon as possible for ex…

Any person who is attacked by a pet or animal, or any person witnessing any such attack, may kill such pet or animal in self-defense or defense of others; provided, that it is done in accordance with the provisions in §§ 70.10 through 70.10.15 of Article 1, Chapter 70, Title 9, G…

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

If a pet shall injure any person or damage any person or property, the pet owner shall be liable to the extent that his negligence was the proximate cause of such injury or damage. SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993).

The Department shall maintain a Pet Control Unit. The Pet Control Unit shall maintain a pound, provide and carry out a territory-wide plan to collect and place under observation biting pets, reduce the number of pets running at large and, upon request, collect and dispose of huma…

Period, Sterilization and Adoption. (a) It shall be unlawful for any dog owner to negligently allow a dog owned by him to run at large. (b) Any pet over three (3) months old that is not licensed as required by § 34102 of this Article or any dog that is not wearing a current tag i…

The Director may impound and hold at the facility any pet that is the subject of a violation of this Article, any pet that requires protective custody and care because of mistreatment or neglect by its owner, or a pet that the Superior Court orders him to impound. The Director ma…

(a) The Director shall operate, maintain or provide for an adequate facility to receive, care for and safely confine pets delivered to the Director’s custody under provisions of this Article and such facility shall be reasonably accessible to the public. (b) The Director may cont…

The Director shall prescribe the minimum standards for humane pet care set forth in this Article. SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993). § 34120. [Repealed.] SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993). Repealed by P.L. 35-144:7 (Jan. 22,…

[Repealed, reserved, or text not separately stated.]

(a) All officers shall have authority as peace officer to the extent necessary to enable them to discharge all duties assigned to them by law. (b) Any officer is authorized to enter upon any private premises, and is authorized to remove any pet from public or private property, if…

Any person resisting or obstructing an officer in the exercise of his duties as provided in this Article shall be guilty of a misdemeanor and punished as prescribed in § 34124 of this Article. SOURCE: Repealed and reenacted by P.L. 22-013:1 (May 7, 1993).