Title 10, Health and Safety

As an instrumentality of the government of Guam, the Authority and all property acquired by or for the Authority and all revenues and income therefrom are exempt from taxation by the government of Guam, COL 2025-12-23 or by any political subdivision or public corporation thereof …

Rates for Services. The Authority shall apply to the Public Utilities Commission (PUC) for establishment of its rates for its services including, but not limited to: (a) Operating Costs: (1) Layon Landfill (2) Commercial Transfer Stations (3) Retail Transfer Stations (4) Resident…

(a) The Board shall adopt and maintain a system of accounting. (b) The Board shall authorize, by means of the annual budget, payment of demands against the Authority resulting from the exercise of its powers under this Act if: (1) the purposes and amounts of such demands are proj…

For the purposes of Chapter 51A of Title 10 of the Guam Code Annotated, the term annual budget means a balanced budget for expenditures of the Guam Solid Waste Authority for a fiscal year to be funded by the anticipated revenues and other funds to be received and expended for the…

(a) [No text] (1) Pursuant to the provisions of Title 4 GCA §§ 4105 and 4106, the Board shall establish rules and regulations regarding selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Authority, which shall…

The following Subsections shall apply for purposes of effectuating the transition of personnel, procurement authority, and financial management from federal receivership to full management and operation of the Authority by the Authority upon termination of said receivership: (a) …

The Public Utilities Commission (PUC) shall perform a management audit of the existing operations of the Guam Solid Waste Authority. Said audit shall be initiated within sixty (60) days from the date of enactment of this Act and, to the maximum extent possible, completed by Decem…

(a) Rates and charges for the collection, transportation, disposal, storage, recycling and processing of solid waste in effect at the time of enactment of this Act shall remain in effect and be adopted by the Authority until the Public Utilities Commission (PUC) has approved a pe…

No later than thirty (30) days before the effective date of transfer of operational control from the federal receiver to the Authority, the Authority shall assume in writing from the federal receiver: (a) all real property under the federal receiver’s administration, and items of…

The Guam Economic Development Authority (GEDA) may obtain funds through the issuance of bonds or other obligations on behalf of the Authority. (a) Bonds or Notes. Accordingly, the Authority, through GEDA, with the approval of I Maga’hågan/Maga’låhen Guåhan and I Liheslaturan Guåh…

Notwithstanding any other provisions of this Article, the Guam Economic Development Authority shall act as the Central Financial Manager and Consultant to the Authority and shall provide technical assistance in obtaining funds through the issuance of bonds or other obligations. T…

(a) Transfer of real property interests pursuant to this Act, including, but not limited to, fee estates, easements and land use rights evidenced by easements, leases and licenses, shall be filed in the form of deeds or assignments signed by I Maga’hågan/Maga’låhen Guåhan in good…

(a) Notwithstanding any of the provisions of this Act, specific legislative statutory approval shall be required prior to sale, transfer or lease of any real property assets or lands of the Guam Solid Waste Authority. Nothing herein shall be construed as such approval. (b) In add…

Internet. (a) Notwithstanding any other provision of law, the Guam Solid Waste Authority shall provide that the following services be made available via the internet: (1) acceptance of online payments; (2) application for installation of new and additional services, and (3) reque…

(a) Commercial Haulers. For commercial, including multi-family dwellings and government agencies, the charge is a disposal tipping fee and does not include collection fees independently charged by commercial waste haulers. (b) Commercial and Residential Tipping Fees. All commerci…

The General Manager, after duly advertising for a request for proposals for the removal of scrap metal, shall enter into a contract with any interested business organization, either local or off-island, to collect and remove from Guam scrap metal. The successful offeror may not b…

The General Manager shall advertise for and execute such a contract every two (2) years with any qualified party on the same terms as are set out in § 51A401 of this Article. COL 2025-12-23

The Guam Solid Waste Authority shall cause an environmental impact study to be undertaken by the successful offeror prior to the issuance of a permit and the Notice to Proceed to ensure that scrap removal project will not have potential adverse ecological damage to aquifers or th…

The successful offeror shall perform all work under this Article in compliance with applicable rules and regulations of GEPA on the removal of scrap metal and hazardous waste. As a minimum, the Authority shall ensure that all successful offerors include as part of their processin…

Each successful bidder shall file a report on a quarterly basis with I Maga’hågan/Maga’låhen Guåhan, I Liheslaturan Guåhan and the Guam Solid Waste Authority outlining the following: (a) total type and amount of scrap metals, batteries and other potentially hazardous residual mat…

The Authority, in accordance with the applicable procurement laws, and after advertising for a request for proposals (RFP) for the collection of recyclable paper, shall enter into a two (2) year contract with any qualified local interested business or nonprofit organization, to a…

The Authority shall advertise for and execute such a contract every two (2) years with any qualified party on the same terms as are set out in § 51A501 of this Article.

The successful offeror shall perform all work under this Article incompliance with all applicable laws, including those of this Chapter, and rules and regulations of GEPA as may be established. As a minimum, the Authority shall ensure that all offerors include as part of their pr…

Each successful bidder shall file a report on a quarterly basis with I Maga’hågan/Maga’låhen Guåhan, I Liheslaturan Guåhan and the Guam Solid Waste Authority outlining the following: (a) total type and amount of paper recycled; (b) cost comparison of the cost of the paper-recycli…

For purposes of this Article, except as otherwise provided, the following words and phrases, together with all of the common derivatives thereof, shall have the meaning ascribed to them as follows: (a) “GEPA” means the Guam Environmental Protection Agency. COL 2025-12-23 (b) “Rec…

[Repealed.] COL 2025-12-23 SOURCE: Added by P.L. 27-037:2 (Nov. 14, 2003) as Chapter 51, Article 6 of this title. Repealed by P.L. 31-020:7 (Apr. 18, 2011) and reenacted as Article 6 of this chapter, effective 90 days from date of enactment pursuant to P.L. 31-020:13. Repealed by…

There is hereby created a Municipal Recycling Program within the Guam Solid Waste Authority to promote recycling on the municipal level in partnership with the village mayors. The program shall incorporate the following components: (a) Recycling Drop-Off Bins. GSWA shall solicit …

Recyclable Materials for Village Needs. [Repealed.] SOURCE: Added by P.L. 27-037:2 (Nov. 14, 2003) as Chapter 51, Article 6 of this title. Repealed by P.L. 31-020:7 (Apr. 18, 2011) and reenacted as Article 6 of this chapter, effective 90 days from date of enactment pursuant to P.…

For purposes of this Act, and except as otherwise provided, the following words and phrases, together with all of the common derivatives thereof, shall have the meaning ascribed to them as follows: (a) “JLGCP” shall mean the Jose D. Leon Guerrero Commercial Port. (b) “Recycle” or…

There is established a “Recycling Enterprise Zone” at the Jose D. Leon Guerrero Commercial Port for use by recycling companies for the processing of automobiles, trucks and tires for recycling purposes, and the transshipment of recyclable materials. (a) The size of the zone and i…

Lease space in the Recycling Enterprise Zone shall only be available to companies that qualify for Qualifying Certificates as recycling companies under guidelines established by the Guam Economic Development Authority. COL 2025-12-23 ARTICLE 8 SOLID WASTE MANAGEMENT SYSTEM BONDS …

This Article may be cited as the Guam Solid Waste Management System Bond Act.

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

(a) I Maga’hågan/Maga’låhen Guåhan, through the agency of the Guam Economic Development Authority pursuant to § 50103(k), Title 12, Guam Code Annotated, and with the approval of I Liheslaturan Guåhan by statute, has the power and is hereby authorized, in addition to all other pow…

(a) 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 …

(a) Notwithstanding any provision of law or regulation to the contrary, the Department is authorized to establish and modify from time to time, with prior approval by the Public Utilities Commission, reasonable rates, fees and charges for solid waste services at least adequate to…

The validity of the authorization and issuance of any bonds by the government pursuant to this Article is not dependent on nor affected in any way by: (a) proceedings taken by the Department for the acquisition, construction or improvement of the system or any part thereof; (b) a…

Indebtedness. I Maga’hågan/Maga’låhen Guåhan shall determine the time, form and manner of issuance of bonds.

Issued. Before issuing any bond or bonds, I Maga’hågan/Maga’låhen Guåhan shall declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be i…

I Maga’hågan/Maga’låhen Guåhan may enter into one (1) or more indentures on behalf of the government providing for the aggregate principal amount, date or dates, maturities, interest rates or methods for determination thereof, denominations, form, registration, transfer and inter…

An indenture may provide for one (1) or several series of bonds and that any series may be divided into one (1) or more divisions with different maturities or dates of issue, different rates of interest or methods for determining such rates, or different terms and conditions for …

An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the government as I Maga’hågan/Maga’låhen Guåhan deems necessary or advisable, including, without limiting the generality of the foregoing, any one (1) or more of the f…

(a) The government or any agent designated by the government shall act as trustee for the government and the holders of bonds issued hereunder and the government may authorize the trustee to act on behalf of the holders of the bonds or any stated percentage thereof and to exercis…

The government shall prescribe in any indenture the duties and powers of the trustee with respect to the issuance, authentication, sale and delivery of the bonds provided for in such indenture and with respect to the payment of principal of and interest on such bonds, the redempt…

An indenture may provide that bonds may be issued as bearer bonds or as registered bonds and for the interchange of bearer bonds for registered bonds and registered bonds for bearer bonds, and may provide that bonds shall be registered as to principal only or as to both principal…

An indenture may provide that bonds may be redeemed prior to maturity upon such terms, conditions and upon such notice as are stated in the indenture and upon the payment of such premium as may be fixed by the indenture.