Title 10 — Health and Safety

Communities throughout the world, including our island neighbors of Kiribati and Kosrae, in the mainland United States, Canada, Australia and much of Europe have found that recycling has been effective in reducing threats to our environment and in reducing the enormous volume of …

As used in this Chapter: (a) Administrator means the Administrator of the Guam Environmental Protection Agency. (b) Auditor means the Office of Public Accountability. (c) Beverage means all beverages for human consumption. For purposes of this Chapter the term beverage shall not …

The goal of this Act is to reduce the amount of material in our waste stream by a minimum of five percent (5%) each year from the date of implementation of the recycling deposit fee, until a thirty- five percent (35%) reduction of material in our waste stream has been achieved th…

(a) Every deposit beverage distributor shall pay to the Department a deposit beverage container fee on each individual beverage container manufactured in or imported into Guam that has been identified by the Department on the list of approved containers. The fee shall be imposed …

Fees. (a) Deposit Beverage Distributors of beverage containers that meet the conditions described in Subsection (b) of this § 44106 shall, on a monthly basis, remit an amount equal to the deposit fee described in § 44105 of this Chapter 44 multiplied by the number of containers t…

Recordkeeping Requirements. COL9262018 (a) Six (6) months (180 calendar days) after the effective date of the voluntary agreement described in Title 10 GCA Chapter 44 § 44119, Deposit Beverage Distributors operating in Guam shall register with the Department, using forms prescrib…

(a) There is within the government of Guam, and under the control of the Department, a Beverage Container Recycling Deposit Fund, which is hereby created, into which the proceeds from recycling deposit fees as provided in § 44105 of this Act are deposited, and in which all intere…

[Repealed.] SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Repealed by P.L. 32- 100:5 (Nov. 28, 2013).

The Office of Public Accountability shall conduct a management and financial audit of the program beginning in Fiscal Year 2012, and for each fiscal year thereafter ending in an even number. The costs incurred by the Public Auditor for the audit shall be reimbursed by the Beverag…

(a) To facilitate the return of empty beverage containers, and subject to the approval of the Department and appropriate business licensing, any person may establish a Redemption Center at which consumers may return empty beverage containers and receive payment of the refund valu…

A Redemption Center shall not refuse to accept from a consumer any empty beverage container described in § 44103 (d), or refuse to pay to the consumer the refund value of a beverage container as provided in § 44109, except for the following reasons: (a) the deposit beverage conta…

Container Deposits. Deposit Beverage Distributors licensed in Guam that meet the conditions described in Subsections (a) through (c) below shall, on a COL9262018 monthly basis, remit an amount for deposits for such beverage containers as described pursuant to this Chapter equal t…

Reporting Requirements. (a) Claims for reimbursements of refund amounts paid out by Redemption Centers shall be made by Redemption Centers in the manner, on the forms, and in the frequency specified by the Department. (b) The Department shall pay certified redemption centers refu…

(a) Except as provided in (b) and (c) of this § 44115, effective immediately after the date this Act takes effect, every deposit beverage container sold in Guam shall clearly indicate the Guam Redemption Value by the letters “GU RV. (b) Subsection (a) of this § 44115 shall not ap…

Dealers who are not Redemption Centers shall post a clear and conspicuous sign at the primary public entrance of the dealer’s place of business that specifies the name, address, and hours of operation of the closest Recycling Redemption Center location(s). Businesses that sell de…

COL9262018 Reverse vending machines may be used by Recycling Redemption Centers to satisfy the requirements of this Chapter, provided that the reverse vending machine shall accept one (1) or more types of empty deposit beverage containers and shall pay out appropriate refunds as …

(a) The Board shall convene an advisory committee to assist in the development of all rules needed to implement this Chapter. Members of the committee shall assess the impact on consumers, recyclers, the military, and the beverage industry. Members of the committee shall be appoi…

The provisions of this Chapter relative to beverage container recycling deposit fees shall not be implemented, and deposits as defined in this Chapter, shall not be assessed or collected on beverage containers, until the Government of Guam and the U.S. Navy and U.S. Air Force com…

This Chapter shall be known as the “Guam Environmental Protection Agency Act.” SOURCE: GC § 57000.

(a) It is hereby declared to be the public policy of Guam that a high quality environment be maintained at all times to guarantee an enjoyable life for all people at present and in the future, and that environmental degradation of the quality of land, water and air by any polluta…

(a) There is hereby created a Guam Environmental Protection Agency, hereinafter referred to as the Agency. The management of the Agency shall be vested in a Board of Directors consisting of nine (9) members to be appointed by I Maga’håga/Maga’låhi with the advice and consent of I…

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

(a) The Guam Environmental Protection Agency shall be responsible for the implementation of (1) the Guam Food, Drug and Cosmetic Act, 10 GCA Chapter 40; (2) the Toxic Substances Exposure Compensation Act, 10 GCA Chapter 41; (3) the Guam Beverage Container Recycling Act of 2010, 1…

Notwithstanding the provisions of 5 GCA Chapter 9, rule-making procedures under the Administrative Adjudication Act, the Agency is hereby authorized and directed to adopt, amend and repeal rules and regulations implementing and consistent with the powers and duties vested in the …

The Water Pollution and Control Commission and the Air Pollution Commission, established pursuant to Chapter XI and Chapter XII of Title X of the Government Code of Guam are hereby abolished. SOURCE: GC § 57006.

Office space and housekeeping functions shall be provided by the Department of Public Health and Social Services and other logistic support shall be provided by the Department of Administration. The services and facilities of departments, agencies and instrumentalities of the gov…

All officers and employees of the Water Pollution Control Commission, the Air Pollution Control Commission, Department of Public Health and Social Services, the Guam Waterworks Authority and the Department of Agriculture who have performed exclusively the functions transferred by…

The balance of all unexpended appropriations and all assets, property and records of the Guam Water Pollution Control Commission, the Air Pollution Control Commission, the Department of Public Health and Social Services, the Guam Waterworks Authority or the Department of Agricult…

Except as provided in or where otherwise clearly indicated by the content, the following definitions shall apply throughout this Part: (a) “Agency” means the Guam Environmental Protection Agency; and (b) “Administrator” means the Administrator of the Guam Environmental Protection…

Notwithstanding any other provision of law, the Guam Environmental Protection Agency is authorized to use its federal funds to hire an attorney for its exclusive use. The attorney shall be hired as a classified employee pursuant to the provisions of § 4103(g) and § 4103(h) of Cha…

(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Guam Environmental Trust Fund (Fund). The Fund shall not be commingled with the General Fund and shall be kept in a separate bank account, subject to legislative approp…

Up to Twenty-five percent (25%) of the funds in the Guam Environmental Trust Fund may be utilized by the Administrator of the Guam Environmental Protection Agency for programs relative to the prevention of environmental problems, and the promotion of keeping a safe and healthy en…

Notwithstanding § 45200(a) of this Chapter, the Administrator of the Guam Environmental Protection Agency is hereby authorized to spend no more than Five Thousand Dollars ($5,000.00) for the purposes of assessment, cleaning up hazardous materials and restoring and repairing damag…

The Administrator of the Guam Environmental Protection Agency shall submit to I Liheslaturan Guåhan and I Maga’hågan/Maga’låhen Guåhan a detailed report of the expenditures of the Guam Environmental Trust Fund on a quarterly basis. SOURCE: Added by P.L. 26-154:5 (Dec. 3, 2002).

The Attorney General of Guam shall take all necessary action to recover damages from the parties responsible for environmental damages to government and private property. Any damages collected as a result shall, after deducting legal costs, be deposited into the Fund. SOURCE: Add…

It is hereby declared to be the policy of the government of Guam, in recognition of its duty to conserve and control its water resources for the benefit of the inhabitants of Guam, that all of the water resources of Guam are the property of the people of Guam, that the general we…

(a) Person means any individual, firm, partnership, association or corporation, both public and private, including the agencies of the government of Guam and of the United States of America. (b) Water shall be construed to include ponds, springs, wells and streams and all other b…

(a) No person shall engage in well drilling on Guam without first obtaining a license from the Administrator as hereinafter provided. Such licenses are required not only of those who make a regular business of well drilling, but all who may construct wells for their own purposes …

(a) No well may be drilled unless the owner of the land on which the well is to be drilled shall, before the commencement of drilling, have obtained a permit therefor and filed a preliminary report with the Administrator. (b) The fee for such permit shall be based on a schedule (…

(a) Within sixty (60) days of the initial promulgation of specific regulations relating to well operating permits pursuant to § 45106, or, in the case of new wells, within ninety (90) days from the date of filing of the completed report prescribed by § 46106, the owner of every w…

(a) Within ninety (90) days after the completion or the termination for any reason of the drilling of any well whether or not any water is found, a report shall be filed by the driller on forms furnished and prescribed by the Administrator, indicating mean sea level (MSL) elevati…

No owner of a well, whether a pumping well or a flowing well, shall discharge from the well or permit the discharge from the well of water that is allowed to run to waste and not put to beneficial use except in connection with pumping tests. All pump tests shall be conducted in a…

The Administrator or his authorized representative shall have the power at reasonable hours to make such inspections of each well and take COL071707 such samples as may be necessary for proper and effective supervision of the construction, repair, maintenance, and operation of we…

(a) Prior to the issuance of an operating permit, an individual water meter, capable of measuring flow rate and total production, shall be installed at the well for the purpose of recording the amount of water drawn from the wells. (b) Water meters shall be maintained in satisfac…

For the purpose of preventing the contamination of fresh water aquifers the owner of a well, upon abandoning a well or encountering highly mineralized water in any existing or new well or test hole, shall immediately notify the Administrator and shall effectively seal such well o…

Except as otherwise provided, the provisions of this Chapter shall apply to the construction, maintenance, and repair of all new wells constructed after the effective date of this Act and to all maintenance, repair and enlargement work on old wells, which is of such nature or mag…

Any person who violates any of the provisions of this Chapter or of the rules and regulations promulgated pursuant thereto shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both. In addition, the Administrator shall, re…

(a) In case of noncompliance with the provisions of this Chapter or with the terms and conditions of any license or permit issued hereunder, the Administrator in addition to or in lieu of proceeding under § 46112 may notify the Attorney General of such noncompliance. The Attorney…

(a) All fees and monetary charges under this Chapter and '12015.3 of Title 12, Guam Code Annotated, shall be deposited in the Water Research and Development Fund. SOURCE: Amended by P.L. 22-47:5.

The Governor of Guam and the Administrator are hereby authorized and directed to enter into agreements with agencies of the United States of America, including, but not limited to, the Departments of the Navy and Air Force of the Department of Defense, the Office of Territorial A…