Public Law 28-11 - An Act To Repeal And Reenact Section 51102(20) And To Add A New Section 51102(20)(I) Of Title 10, Guam Code Annotated, And To Repeal And Reenact Section 23102 Of Article 1 And Section 23301(4)(A) And To Add A New Section 23302(4)(E) Of Article 3 Of Chapter 23, Division 4, Title 22, Rules And Regulations For The Guam Environmental Protection Agency Solid Waste Disposal To Prohibit The Use Of Combustible Materials In A Hardfill

Oft1ce of the Spaur P.O. Box 2950 Hagatfia, Guam 96932 TEL: (671) 4 72-8931 •FAX: (671) 4 77-4826 • EMAIL: govemor@mail.gov.go Felix Perez Camacho Governor Kaleo Scott Moylan Lieutenant Governor .... The Honorable Mark Forbes Speaker Mina' Bente Ocho Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Mr. Speaker: 0 1 APR 2005 Transmitted herewith is Bill No. 20 (EC), "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10 GUAM CODE ANNOTATED, ADD TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENT AL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARD FILL , " which I signed into law on March 9, 2005, as Public Law 28-11. Sinseru yan Magahet, c:;xa . ...,J. FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy attached of signed bill cc: The Honorable Eddie Baza Calvo Senator and Legislative Secretary 0107 Senator Edward J.B. Calvo ACKNOWLEDGEMENT RECEIPT "\.'\\1 \~ '~ 1\ Rcv'd by: ~''-~") , '\J\~'::, Print Name & Initial Time: ~A-, , MINA' BENTE OCHO NA LIHESLATURAN GOA.HAN TWENTY-EIGHTH GUAM LEGISLATURE 155 Hessler Place, Hagatfia, Guam 96910 February 28, 2005 The Honorable Felix P. Camacho I Maga'lahen Guahan Ufisinan I Maga'lahi Hagatna, Guam 96910 Dear Maga'lahi Camacho: Transmitted herewith are Bill Nos. 15(LS), 17(LS), 35(EC), 36(EC), 37(EC), 47(EC), 48(EC); and Substitute Bill Nos. 7(LS), l0(LS), 20(EC) and 29(EC) which were passed by I Mina'Bente Ocha Na Liheslaturan Guahan on February 25, 2005. Sincerely, .~ .,,J , ED WARD J.B. CALVO Senator and Secretary of the Legislature Enclosures (11) Director 4 72-3409 Fax: 472-35 IO $ Chief Fiscal Officer 472-3484 • Personnel 472-3520 $ Protocol 472-3499 • Archives 472-3465 • Clerk of Lel!islature 47, - ,<l.,; 1 I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAHAN This is to certify that Substitute Bill No. 20 (EC), ✓1 AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL," was on the 25th day of February, 2005, duly and regularly passed. Edwarci=(B. Calvo Senator and Secretary of the Legislature ark Forbes Speaker ·------------------------------------------------------------------------· ·79 This Act was received by I Maga'lahen Guahan this · day of February, 2005, at Ho \t \:t o'clock J2 .M. APPROVED: c·~Jt4~~ · 7 FELIX P. CAMACHO I Maga'lahen Guahan Date: March 9, 2005 Public Law No. 28-11 Maga'lahi' s Office I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session Bill No. 20 (EC) As substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs and amended on the Floor. Introduced by: J. M.S. Brown J. T. Won Pat F. B. Aguon, Jr. Edward J.B. Calvo B. J.P. Cruz Mike Cruz Mark Forbes L. F. Kasperbauer R. Klitzkie L. A. Leon Guerrero J. A. Lujan A. B. Palacios R. J. Respicio Ray Tenorio A. R. Unpingco AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings. I Liheslaturan Guahan finds that the 1 1 inclusion of tree limbs,, stumps,, plastics and other types of combustible 2 material in a hardfill has contributed to the ignition of underground fires that 3 have created health and environmental hazards for island residents. Recent 4 examples have included the Malojloj hardfill,, owned and operated by the 5 government of Guam,, and a permitted hardfill located on private property in 6 the village of Chalan Pago. These underground fires that have resulted from 7 these hardfills have adversely affected the air quality for surrounding village 8 residents and have required,, in numerous cases,, the temporary re-location of 9 village residents away from their property and privately owned homes. In 10 addition, hundreds of thousands of taxpayers' dollars have been spent to 11 provide manpower, equipment and cover material to suppress these 12 avoidable underground fires. 13 Section 2. Section 51102(20) of Title 10 of the Guam Code 14 Annotated is hereby repealed and reenacted to read as follows: 15 nsection 51102(20). 'Hard/ill' shall mean a method of compaction 16 and earth cover of solid wastes other than those containing garbage or other 17 putrescible (putrescent) waste, including,, but not limited to,, demolition 18 material,, and like materials not constituting a health or nuisance hazard,, 19 where cover need not be applied on a per day used basis. No combustible 20 materials shall be deposited in a hardfill." 21 Section 3. Section 51102(20)(i) is hereby added to Title 10 of the Guam 22 Code Annotated to read as follows: 23 "(i) 'Combustible Materials' shall mean any solid or liquid that may 24 be ignited. 25 (a) 'Combustible Solids',, as defined in Title 49 of the Code of 2 1 2 3 4 Federal Regulations, Chapter 1, Subtitle B, Part 173.124, are those capable of igniting and burning. (b) 'Combustible Liquids', as defined in Title 29 of the Code of Federal Regulations, Chapter 17, Subtitle B, Part 1910.106, 5 shall mean any materials having a flash point at or above 100 6 degrees Fahrenheit (37.8 degrees Celsius), but below 200 7 degrees Fahrenheit (93.3 degrees Celsius), except any 8 mixture having components with flashpoints of 200 degrees 9 Fahrenheit (93.3 degrees Celsius), or higher, the total volume 10 of which make up ninety-nine percent (99%) or more of the 11 total volume of the mixture;" 12 Section 4. Section 23102(44) of Article 1, Chapter 23, Division 4 of 13 Title 22 of the Rules and Regulations for the Guam Environmental 14 Protection Agency Solid Waste Disposal is hereby repealed and reenacted to 15 read as follows: 16 ° 'Hardfill' shall mean a method of compaction and earth cover of 17 solid wastes other than those containing garbage or other putrescible 18 (putrescent) waste, including, but not limited to, demolition material, and 19 like materials not constituting a health or nuisance hazard, where cover 20 need not be applied on a per day used basis. A Hardfill shall not include 21 any combustible material." 22 Section 5. A new Section 23102(115) of Article 1, Chapter 23, 23 Division 4 of Title 22 of the Rules and Regulations for the Guam 24 Environmental Protection Agency Solid Waste Disposal is hereby added to 25 read as follows: 3 1 "Section 23102(115). 'Combustible Materials' shall mean any solid 2 or liquid that may be ignited. 3 (a) 'Combustible Solids', as defined in Title 49 of the Code of 4 Federal Regulations Chapter 1, Subtitle B, Part 173.124, are those capable of igniting and burning. 5 6 (b) 'Combustible Liquids', as defined in Title 29 of the Code of 7 Federal Regulations Chapter 17, Subtitle B, Part 1910.106, 8 shall mean any materials having a flash point at or above 100 9 degrees Fahrenheit (37.8 degrees Celsius), but below 200 10 degrees Fahrenheit (93.3 degrees Celsius), except any 11 mixture having components with flashpoints of 200 degrees 12 Fahrenheit (93.3 degrees Celsius), or higher, the total volume 13 of which make up ninety-nine percent (99%) or more of the 14 total volume of the mixture;11 15 Section 6. Section 23301(4)(A) of Article 3, Chapter 23, Division 4 of 16 Title 22 of the Rules and Regulations for the Guam Environmental 17 Protection Agency Solid Waste Disposal is hereby repealed and reenacted to 18 read as follows: 19 "Section 23301(4)(A). Operating Criteria. Solid waste accepted: 20 (A) Demolition and construction debris, (bricks, concrete, stones, 21 masonry materials, rocks, asphalt, rebar, corrugated steel, scrap 22 metal, and paving materials);11 23 Section 7. Section 23302(4)(E) of Article 3, Chapter 23, Division 4 of 24 Title 22 of the Rules and Regulations for the Guam Environmental 25 Protection Agency Solid Waste Disposal is hereby added to read as follows: 4 1 2 e HSection 23302(4)(E). Operating Criteria. Solid waste excluded: (4)(E) Any combustible materials." 5 I MINA' BENTE OCHO NA LIHESLA TURAN GUAHAN 2005 (FIRST) Regular Session SBill No. 20(EC) Resolution No. Question: Date: 2-25-05 VOTING SHEET NOT OUT YEAS NAYS VOTING£ DURING ABSENT NAME ABSTAINED ROLL CALL AGUON, Frank 8., Jr. / ll4t BROWN, Joanne M.S. 1// CALVO, Edward J.B. ✓/ CRUZ, Benjamin J.F, ✓/ CRUZ, Michael (Dr.) V/ FORBES, Mark V/ KASPERBAUER, Lawrence F. V/ KLITZKIE, Robert V/ LEON GUERRERO, Lourdes A. V/ LUJAN, Jesse A. t// PALACIOS, Adolpho B. V/ RESPICIO, Rory J. II/ TENORIO, Ray V/ UNPINGCO, Antonio R. V/ WON PAT, Judith T. II TOTAL D 0 0 CERTIFIED TRUE AND CORRECT: (::;;pd; ·• ··,stL Clerk of the Legisiure * 3 Passes = No vote EA = Excused Absence ct Office of Vice-Speakere Joanne M. Salas Brown MINA' BENTE OCHO NA LIHESLATURAN GUAHAN 28th GUAM LEGISLATURE The Honorable Mark Forbes Speaker I Mina' Bente Ocho na Liheslaturan Guahan 28 th Guam Legislature 155 Hesler Street Hagatna, Guam 96910 Dear Speaker Forbes: February 10, 2005 The Committee on Natural Resources, Utilities & Micronesian Affairs to which was referred Bill No. 20 (EC) "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL," has had the same under considered, and now wishes to report back the same with the recommendation TO DO PASS as substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs. Transmitted herewith for your consideration and action is our Committee Report on the above subject matter. The Committee votes are as follows: 11 To Do Pass 0 Not To Pass 0 Abstain 0 Inactive File A copy of the Committee report and other pertinent documents are attached for your immediate reference information. Should you have any questions, please do not hesitate to contact me at 472-3450/1. (Attachments) Sincerely, ~M S Br~ , .-,.wJ Chairwoman, Committee on Natural Resources, Utilities & Military Affairs 155 Hesler Street, Hagatna GU 96910 · Tel: 472-3451 · fax: 472-4090 .. Office of Vice-Speaker Joanne M. Salas Brown MINA' BENTE OCHO NA LIHESLATURAN GUAHAN 28th GUAM LEGISLATURE February 10, 2005 Memorandum To: Committee Members From: Vice Speaker Joanne M.S. Bro~ Subject: Chairwoman, Committee on Nfu{f 'i~urces, Utilities & Micronesian Affairs Bill No. 20 (EC) "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENT AL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARD FILL," as substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs. Transmitted herewith for your consideration and action is our Committee Report on the above subject matter. This memorandum is accompanied by the following: 1. Committee Voting Sheet 2. Committee Report 3. Agenda 4. Bill No. 20 (EC) as substituted by committee 5. Bill No. 20 (EC) as introduced 6. Public Hearing Sign sign-in sheet 7. Notice of Public Hearing 8. Written Testimony Please take the appropriate action on the attached voting sheet. Your kind attention and cooperation in this matter is greatly appreciated. Should you have any questions on the report and the accompanying documents, please do not hesitate to contact me at 472-3450/1. (Attachments) 155 Hesler Street, Hagatna GU 96910 · Tel: 472-3451 · Fax: 472-4090 MINA' BENTE OCHO NA LIHESLATVRAN GUAHAN COMMITTEE ON NATURAL RESOURCES, UTILITIES & MICRONESIAN AFFAIRS VICE SPEAKER JOANNE M.S. BROWN, CHAIRWOMAN Bill No. 20 (EC) as substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL." VOTING SHEET TO REPORT NOTTO OUT rNACTIVE MEMBERS TO PASS PASS ONLY ABSTA[N FILE rNITIALS Vice Speaker Joanne M. S. Brown. ~ c' ~ Chairwoman / ~ ~ Senator Michael Cruz, Vice Chairman ✓ / Afljv' ,:; - ..., Speaker Mark Forbes, Ex-Officio Member \7 / V Ll ,,.- --A-r J. ✓ ( ;. . .f 'A l ' Senator Frank Aguon, Member - ~ I Senator Edward Calvo, Member \ '---J/ .l / '/J ~ ~ ,j, Senator Lawrence Kasperbauer, Member Senator Lou Leon Guerrero, Member / ,)J.9, . / A Senator Jesse Lujan, Member ~ ,,, ~ ~ Senator Rory Respicio, Member v ✓, / ~ } Senator Ray enorio, Member vJ D'f2£ ✓ - · . Senator Antonio Unpingco, Member ✓ 110 Senator Judith Won Pat, Member ✓ (q/# .. I MINA' BENTE OCHO NA LIHESLATURAN GUAHAN 28th GUAM LEGISLATURE COMMITTEE ON NATURAL RESOURCES, UTILITIES & MICRONESIAN AFFAIRS VICE SPEAKER JOANNE M.S. BROWN CHAIRWOMAN COMMITTEE REPORT BILL NO. 20 (EC) "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302( 4)(E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARD FILL," as substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs COMMITTEE ON NATURAL RESOURCES, UTILITIES & MICRONESIAN AFFAIRS Bill No. 20 (EC) "AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND TO ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302(4)(E) OF ARTICLE 3 OF CHAPTER 23, DNISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL." I. OVERVIEW The Committee on Natural Resources, Utilities & Micronesian Affairs held a public hearing on Friday January 21, 2005 at 9:00 a.m. in the Public Hearing Room of the Guam Legislature in Hagatfia, Guam. Committee Chairwoman, Vice Speaker Joanne M.S. Brown commenced hearing at 9:08 a.m with welcoming remarks. Senators Present: Vice Speaker Joanne M. Brown, Chairwoman Senator Frank Aguon, Committee Member Senator Lou Leon Guerrero, Committee Member Senator Jesse Lujan, Committee Member Senator Lawrence Kasperbauer, Committee Member Senator Antonio Unpingco, Committee Member Senator Judith Won Pat, Committee Member Senator Adolfo Palacios Senator Robert Klitzkie II. TESTIMONY The following is a summary of oral and written testimony provided during the hearing: • Franklin Taitague, Mayor, Inarajan In addition to oral testimony, Taitague provided written testimony. He stated he is in favor of the bill stating that tit would protect and prevent future health and environmental hazards at future hardfill sites. He, however, did suggest further clarification on what demolition materials would be allowed in hardfills. Taitague further noted that the Malojloj hardfill is a potential hazard to its surrounding community, stating that the hardfill may once again catch fire during the imminent dry season. He asked the legislature for assistance to ask the Executive Branch to assess the hardfill and excavate the combustible materials. • Tony Rabon, Asst. Fire Chief, Guam Fire Department Michael Uncangco, Fire Chief, Guam Fire Department, represented by Assistant Fire Chief Tony Rabon, provided written testimony. Rabon also gave oral testimony. The Guam Fire Department supports the passage of Bill No. 20 as it will contribute to the abatement of uncontrolled fires, resulting in costly containment and displacement of neighboring citizens and their families. Rabon further pointed out other problems associated with the fires. • Ron McNinch, private citizen Supported the measure because of the positive changes it will bring. McNinch said the environment is everyone's business and it is the place we live, and the legislation will improve the environment. • Fred Castro, Administrator, Guam Environmental Protection Agency Testified that there is a real problem to be addressed, which goes beyond the definition of what goes into a hardfill, specifically that the bill has to address the procedural and regulatory aspects of hardfill operations. Castro pointed out an error in the section of the Guam Code Annotated cited in Bill No. 20(EC). He stated that GEP A will work with the Committee on Natural Resources, Utilities & Micronesian Affairs over the next two to three weeks to make the necessary amendments to the bill. • Randall Sablan, GEP A Deputy Administrator Pointed out historical notes of the Ordot and Malojloj hardfill. Sablan informed committee that the sites' permits were modified to take care of typhoon debris. • Pedro Borja, Mayor, Ordot Chalan Pago Stressed that a simple and economical approach has to be taken to address hardfill problems. III. CONCERNS/QUESTIONS FROM COMMITTEE AND INDIVIDUALS WHO PRESENTED TESTIMONY: • Mr. Castro said the problems occurring now with fires in hardfills are the result of management inefficiencies. There are no regulations in place, which allow contractors to bring in large volumes of combustible materials, causing the fires. • Mr. Sablan notified committee that an application for a hazard mitigation grant from the Federal Emergency Management Agency is being finalized and due summer 2005. This will allow for a comprehensive look by government of Guam agencies to mitigate hazard debris management post-typhoon. • Sen. Klitzkie noted concerns relative to putresible waste causing fires. • Mr. Rabon responded that it is manageable if they use established guidelines. • Sen. Unpingco was concerned about how much interaction there is between government agencies to address the problem of the underground fires. • Mr. Rabon said that Guam Fire Department welcomes the bill to highlight management and operational issues re: landfill. He noted compartmentalization - separating debris - would be ultimate goal. • Mr. Castro said we have been in a reactive position rather than a proactive one relative to the fires. There is a need for a solid waste management authority, so GEPA can monitor hardfills to ensure effective management, and to issue regulatory citations. • Sen. Lujan asked how many operational hardfills there are, and whether all landfills are subject to same regulations. • Ms. Barbara Torres, program manager, GEPA Solid Waste Management, stated there are 6 however, 2 have been shut down for non-compliance. All are subject to same local regulatory standards. Those in violation are fined $1,000/day per violation. • Sen. Palacios commented that enforcement is difficult and asked if a mechanism was in place such as assurance bonding when getting a hardfill permit to ensure private companies pay for violations. • Mr. Castro stated they do require financial bonding, but Mr. Sablan said the previous GEP A administration did not require financial assurance for the Santa Cruz hardfill, although it was required in regulations. They have since bought assurance. Mr. Castro noted that GEPA has already activated legal channels to deal with issues such as taking over land from private landowner and other aspects to "sue the landowner for." • Mr. Charles Ada, administrator, Office of Civil Defense informed committee that to date $167,000 has been assessed for the Santa Cruz hardfill fires. This figure is inclusive of overtime cost for personnel, heavy equipment and relocation of displaced families and area residents. • Sens. Leon Guerrero and Kasperbauer expressed concerns about illegal dump sites and lack of information about where to properly dispose of waste. People either don't know where to dispose of the waste or are reluctant to pay fees for disposal service. Sen. Won Pat also expressed concerns that awareness campaign be expanded to schools. • Mr. Castro stressed need for Integrated Solid Waste Plan. • Mr. Frank Blas, Jr., Guam Office of Homeland Security, agreed that information dissemination is a problem, but public education is part of the hazard mitigation grant. Specifically, 5% initiative dedicated from grant for public awareness component. • Mr. Castro informed committee that as they move further with consent decree the design and construction work, and operations of the hardfill will be privatized. IV. CONCLUSION: Vice Speaker Brown stated that she would like to expedite the work with the Guam Environmental Protection Agency on the amendments to the proposed legislation. The hearing adjourned at 11 :00 a.m. V. FINDINGS AND RECOMMENDATION: The Committee recommends to do pass Bill 20(EC) as substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs. I MINA BENTE OCHO NA LIHESLATURAN GUAHAN COMMITTEE ON NATURAL RESOURCES, UTILITIES & MICRONESIAN AFFAIRS SENATOR JOANNE M.S. BROWN CHAIRPERSON Public Hearing Friday, January 21, 2005 9:00 a.m., Public Hearing Room 155 Hesler Street, Hagatna AGENDA I. Commencement of Hearing II. Bill 20 (EC): An act to repeal and reenact section 51102.9 of Title 10, Guam Code Annotated to prohibit the use of combustible materials in a hardfill. III. Public Comments IV. Adjournment , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MINA BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (First) Regular Session Bill No. 20 (EC) As substituted by the Committee on Natural Resources, Utilities & Micronesian Affairs Introduced by: J.M.S. BROJVN \) ',. (U eitfM- ,!fr r::ii ,...,..~ AN ACT TO REPEAL AND REENACT SECTION 51102(20) AND to' ADD A NEW SECTION 51102(20)(i) OF TITLE 10, GUAM CODE ANNOTATED, AND TO REPEAL AND REENACT SECTION 23102 OF ARTICLE 1 AND SECTION 23301(4)(A) AND TO ADD A NEW SECTION 23302{4){E) OF ARTICLE 3 OF CHAPTER 23, DIVISION 4, TITLE 22, RULES AND REGULATIONS FOR THE GUAM ENVIRONMENTAL PROTECTION AGENCY SOLID WASTE DISPOSAL TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings. I Liheslaturan Guahan finds that the inclusion of tree limbs, stumps, plastics and other types of combustible material in a hardfill has contributed to the ignition of underground fires that have created health and environmental hazards for island residents. Recent examples have included the Malojloj hardfill owned and operated by the Government of Guam and a permitted hardfill located on private property in the village of Chalan Pago. These underground fires that have resulted from these hardfills have adversely affected the air quality for surrounding village residents and have required in numerous cases the temporary re-location of village residents away from their property and privately owed homes. In addition, hundreds of thousands of taxpayers' dollars have been spent to provide manpower, equipment and cover material to suppress these avoidable underground fires. Section 2. Section 51102.20 of Title 10, Guam Code Annotated is hereby repealed and reenacted and shall read as follows: Section 51102.9. 51102.20. Hardfill shall mean a method of compaction and earth cover of solid wastes other than those containing garbage or other putrescible (putrescent) waste, including, but not limited to, demolition material, and like materials not constituting a health or nuisance hazard, where cover need not be applied on a per day used basis. A Hardfill shall not include an,' combustible material. No combustible {i) / Passed FA No. d: Date: ~'i- Time: I MINA'BENTE OCHO NA LIHESLATURAN GUAflAN FLOOR AMENDMENTS/CHANGES BillNo. ~ ,,., Senator ~Amendment (Below for Senator to complete) Please describe proposed amendment, including where change to occur: r ~ ~ -tr t&=< dc++3?· ( Below only for Clerk of Legislature's use and processing)) Date z/?f 2oos Floor Amendment No. &-- of a total of changes on above Bill. Votes For Amendment: Votes Against Amendment: AMENDMENT PASSED: - Amendment Failed: Amendment Withdrawn: APPROVED AS TO FORM PASSED ®erk of Legislature Ass't. Amend. Clerk Engrossment Staff Concur (initial) Speaker 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 f 16 17 18 19 20 21 22 23 24 25 ~ f; 28 29 30 materials can be deposited in a hardfill. Section 3. Section 51102.20{i} is hereby added to Title 10, and shall read as follows: (i)'Combustible materials' shall mean any solid or liquid that may be ignited. (a) (b) Combustible solids, as defined in Title 49 of the Code of Federal Regulations Chapter 1 Subtitle B Part 173.124, are those capable of igniting and burning. Combustible liquids, as defined in Title 29 Code of Federal Regulations Chapter 17 Subtitle B Part 1910.106, shall mean any materials having a flash point at or above 100 degrees Farenheit (37.8 degrees Celcius), but below 200 degrees Farenheit (93.3 degrees Celcius), except any mixture having components with flashpoints of 200 degrees Farenheit (93.3 degrees Celcius), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture; Section 4. Section 23102(44) of Article 1, Chapter 23, Division 4 of Title 22 of the Rules and Regulations for the Guam Environmental Protection Agency Solid Waste Disposal is hereby repealed and reenacted to read as follows: 'Hardfill' shall mean a method of compaction and earth cover of solid wastes other than those containing garbage or other putrescible (putrescent) waste, including, but not limited to, demolition material, and like materials not constituting a health or nuisance hazard, where cover need not be applied on a per day used basis. A Hardfill shall not include any combustible material. Section 5. A new Section 23102(115) Article 1, Chapter 23, Division 4 of Title 22 of the Rules and Regulations for the Guam Environmental Protection Agency Solid Waste Disposal is hereby added and shall read as follows: 'Combustible Materials' shall mean any solid or liquid that may be ignited by friction (a) (b) Date Oa~: pm: i!.~0 ·.·.~ , I MINA'BENTE OCHO NA LIHESLATURAN GllAHAN FLOOR AMENDMENTS/CHANGES Bill No. 20(EC) As substituted by Committee on Natural Resources, Utilities & Micronesian Affairs Vice Speaker Joanne M.S. Brown Senator Proposing Amendment (Below for Senator to complete) iJtf,, :;2.c?-, Section 5 Pa e Lin · Delete from II Combustible" to 11 ·ction" and insert 'Combustible materials' shall mean any solid or liquid that may be ignited. Combustible solids, as defined in Title 49 of the Code of Federal Regulations Chapter 1 Subtitle B Part 173.124, are those capable o(igniting and burning. Combustible liquids, as defined in Title 29 Code of Federal Regulations Chapter 17 Subtitle B Part 1910.106, shall mean any materials having a flash point at or above 100 degrees Farenheit (37.8 degrees Celcius), but below 200 degrees Farenheit (93.3 degrees Celcius), except any mixture having components with flashpoints of200 degrees Farenheit (93.3 degrees Celcius), or higher, the total volume of which make up 99 percent or more of the total volume of the mixture;" ( Below only for Clerk of Legislature's use and processing) d~2oos Floor Amendment No. ----~- of a total of changes on above Bill. Votes For Amendment: V~-Against Amendment: AMENDMENT PASSED: ✓ Amendment Failed: Amendment Withdrawn: APPROVED AS TO FORM PASSED / ~P~ ( - ~~/ A U T .,H..,....,. =:o~R ...... o"""F-A-ME~N-D M E N T .::i Ass1 t. Amend. Oerk En. grossment Staf,f Concur (initial) Speaker 1 2 3 4 5 6 7 8 9 10 11 12 Section 6: Section 23301(4)(A) Article 3, Chapter 23, Division 4 of Title 22, Rules and Regulations for the Guam Environmental Protection Agency Solid Waste Disposal is hereby repealed and reenacted and shall read as follows: Section 23301(4)(A) Operating criteria. Solid waste accepted: (A) Demolition and construction debris, (bricks, co~ stones, masonry materials, rocks, asphalt, rebar, corrugated steel, scrap m~al, paving material9· ~d oodecayed \Yood materials attached to the construction debris); / Section 7. Section 23302(4)(E) Article 3, Chapter 23, Division 4 of Title 22 of the Rules and Regulations for the Guam Environmental Protection Agency Solid Waste Disposal is hereby added and shall read as follows: Section 23302(4)(E) Operating Criteria. Solid wasted excluded: (4)(E) Any combustible materials. -MINA BENTE OCHO NA LrnESLA TORAN GUAHAN 2005 (FIRST) Regular Session Bill No. 1J) (~) Introduced by: J.M.S.BRO AN ACT TO REPEAL AND REENACT SECTION 51102.9 OF TITLE 10, GUAM CODE ANNOTATED TO PROHIBIT THE USE OF COMBUSTIBLE MA TERlALS IN A HARDFILL. l BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings. I Mina Bente Ocho Na Liheslaturan Guahan finds that 3 the inclusion of tree limbs, stumps, plastics and other types of combustible material in a hardfill 4 has contributed to the ignition of underground fires that have created health and environmental 5 hazards for island residents. Recent examples have included the Malojloj hardfill owned and 6 operated by the Government of Guam and a pennitted hardfill located on private property in the 7 village of Chalan Pago. These underground fires that have resulted from these hardfills have 8 adversely affected the air quality for surrounding village residents and have requrred in nwnerous 9 cases the temporary re-location of village residents away from their property and privately owed IO homes. In addition, hundreds of thousands of taxpayers dollars have been spent to provide 11 manpower, equipment and cover material to suppress these avoidable underground fires. 12 Section 2. An act to repeal and reenact section 51102.9 of Tide 10, Guam Code 13 Annotated to prohibit the use of combustible materials in a hard fill. 14 Section 51102.9. Hardfill shall mean a method of compaction and earth cover of 15 solid wastes other than those containing garbage or other putrescible (putrescent) waste, 16 incJuding, but not limited to, tree limbs aBe StlHnf)S; demolition material, and like 17 materials not constitutin~ ,a health or nuisance hazard, where cover need not be applied 18 on a per day used basis. A Hardfill shall not include any combustible material. I Mina Bente Ocho Na Liheslaturan Guahan COMMITTEE ON NATURAL RESOURCES, UTILITIES & MICRONESIAN AFFAIRS Friday January 21, 2005; 9:00 a.m. Legislative Public Hearing Room BILL 20(EC): AN ACT TO REPEAL AND REENACT SECTION 51102.9 OF TITLE 10, GUAM CODE ANN OTA TED TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARD FILL. Name P-e~J Cci-,t-r o ",;l/b /,I{/ Iv ',? I SIGN IN SHEET Representing Contact number 4 ,;;- --/ ~ c o , 7;:-/J.'Y 3 ,1a Mall ing for. CENTER ~T xible hours. ful. :ARANCE !CATIONS tion at our :ated in the re 16. r.armon. 2 C,C, p.r:-1. -4:00 p.m PLEASE yo' all employees. v1P:. ovER ~s1stant 1nt1ng ninimatiw ;°;. ;,imrn t(> the ,dencc ~,;cl b::,,:,r. .,-,-irh the candidate 1rill :u,o mist in 1ewsprim invcnrorv control, :ad Cashier fu.1crion. The :iness, preierablr arcounring ce. Profi,ienn in Microsoft zation, com~unication and 1 News offers a competitive u to Pete Lader,;, Controller ttltUJs Je€1 I <l from www.guompdn corn ~titled le employrnen: in Inc U S riminolory basi, ·h, 11aluc of ii divmc ".Xrkjura. H 'O~PORATION i, 1n ioi r nur te~m in Lip .-.:\\ lJ\ Sprir-1 ~' ~qu). ,ger nager MINA' BENTE OCBO t.nn:s'LATVRAN GOA.BAN @ Committ n Natural Resources. Utilities & Micronesian Affairs Vice Speaker Joanne M.S. Brown Chairperson The Commiltee on Natura l Resources. Utilit ies & Micrones ian Affairs wi ll be holding a public hearing on Friday, January 2 I , 2005, 9:00 a .m., at the Legislative Building Public Hearing Room in Hagatna, on the followin g : BILL 20(EC): AN ACT TO REPEAL AND REENACT SECTION 51102.9 OF TITLE 10, GUAM CODE ANNOTATED TO PRO HIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL. Individuals requiring special accomodat ions shn• 1ld corotar1 Carl I Quinata, AD.A. Coordinator at 47c-J45r, . ~EuasDA.Lff PH: 647-0888/9 !lilJD! 'Efkn 'Wif(insmi, Suite B.il , Cen-Tom Bldg, Tomuning Principal 'l!n•k.r-r VONA BAZA GARDEN ·1 Large 48D 2/BA r..:,csc w/ 1600 sf 1,v,ng sra•:e $127,000 Newly reno.-c1eC 0 down S773 .42/ m plas T~ I ORDOT CHALAN PAGO 38D/28A HOUSE 10,062 SQ. M. lAND $135,000 D", rJc,,,-, S56J.2J 'c, ~us W OCEANVIEW HOUSE INASAN 38D/2.5BA $2so;ooo ,,/ 1800Sfl,iog at1" CO~UNITY FIRST FEDERAL CREDIT UNION VEHICLES FOR BID Dc,:cription 2002 NISSAN SENTRA 2004 TOYOTA TACOMA 2004 KIA SOREJ\1TO Interested? Please" calJ (·(,rn, 1 •.uni l) First Credit Counsding Dept. at 472-5717/1 S. Vehicles can he , ccn :tl CFGFCU Hagatita Office located at the l" Ooor PDK Bid,' duri ng ho ur,; of operation (M TH 9am-4pm/F 9a rnJ,pm 1 Note: CO!WvW!S:ITY FIRST CUA M :TDFR..-'-.L CREDIT UNION reserves tht: r.gh i ;. :·,.:j·.:. ~ .. ,: j ,,i i bid:- Ait ,·eh icle~ drc ~0 IJ ( IJ ; "AS 1s· · ha,i,. il,d,. ,', , ,1, ., , ··.<ude tax. license. or rc~ i, ;rJ;i, 111 fees. CO\i\1T~'\T!TY :-yp ~ .,... ,-- ~'' -. ,; s-r ~·;r p -~ I. CRFeTT ! :~-.: :ry ,· a;a = ..,{•;1 ~ . .-~ .. .! :--..t.· r·,·i,.- t:.:--:= .-\gene \ ' !1,:1:,:· :~.-~ '-·., , d 1~:--::~,:: !'1i n i1·at , =--Mesponsibility. Well Education. Mathematically inclined. Good pay Apply in Pers on Island Choice Drinking Water SEVENTH -DAY i'JM'.NllSTCLINIC IS SEEKING APPLICATIONS FOR THE FOLLOWING POSITTONS : ♦ MAMMOGRAPHY TECHNICIAN ♦ ECHOCARDIOGRAM TECHNICIAN Competitive Salary Please apply at the Guam Seventh-Day Adventist Clinic Human Resources Department between the hours of8:00 a.m.and 5:00 pm. "Tl -, a: 0 ~ ' 0 :::::, C Q ""I < l:i,.. t,..,) 8 0, C0 C D 3 .,, 0.. :::, TOCA ;.. 0 TRUK ORGANIZA110N forCOMMUNITY AcnON P.O. Box C Moen, Truk State E,CJ. %942 Telephone: 630 l]'\1VITATION FOR BID on fow 14) brand new mini school bus vans for our COCA Office, Head SUU1 Programs with the following condition I. U.S. Made (Standardl 2, 15 pas.'iCilgers seat, 3. Air Conditioning 4. Secure Seat Belts 5. With Fire Extinguisher lntcrcsted bidders are to submit/ or forward their bids m a sealed envelope through the mailing address above and forward through the fax number above widiout any hid fee . NOTICE OF FILING 282A. TUMON, GUAM ( )11 Dc~·ember JO. 2004 . G uam Broadc3s1 s~n i ; 1,.' '- !1 1:··.i ;:,1i::!tcci. ~ Guam :·il;'Pu:-::t ion . filed an application with the Ft·tlt:~ r~! r ·, ,:-nm unicat ions t .0111missio 11 ia \,\'ashington. D.C. seeking fCC authority t0 oblain a 1·wl..:truc-tion v :rmil for a new broadca(it s tation o~rali np n n Cn;mnel 282A in Tuman, Guam. The fo lloY.;ng persons own I 0% or more of the capi tal ,:1 .. :·L ,~f Guam Broadcast Services, Jncorpnnc,:d 1 : :: 1 '- \\.' ( ;umat.aotao. \ Pn::-;rd t:l!i ~1 1d Shareholder) . To yohito Yoneyama, { V; -. 1..-· ; ·n .. ;-.i u• ·.u. T1casuri:r :md Sh,m: ho lde r.i ~nd Yasunori Kawauchi. (Scc reta r:: ;.in<i Sh ... :--, q,,i dc-r 1. The :!pfllic ;;1 in~, ,cei,:, :!ppro val l(; operate the fo llowiil~ !·:1ri!:•; .• : < 1, [; : s.: • . :.., F~v1 bL 1Jdc..isr station opernting d ,; 11 :; I\ -: .. A mt:nn:: r ;:,:i · Y i(J!1 l.'. t'nt:>1 lleigh1 of 45 . 7 meter• :;ho\\' i : ,c.,, .:.:; , J:.", ~-: • t-; 11~c ! P"(• r :!:: 1:,1cJ pi 1wc r of i.l.85 kVI ' (hnnz.nai~, • ;: ,:. i \ ,· r :, -"l · ( ,. .. 1~r-r•:~1h r .. ·•.){~r<!:~;Jtc .... : : ; 30-:.-:; .. ~ ~. 1-l-4-i ,--. : • .1, ; · , ·· i:\ i ,1:: ·! • ,: :t~;nn or Studio ... : Gu~m Rr< 1.J\.~(.- ; 1:,..! S t ' iVi .:.·..- - . ;;. . "1i' - •. ,\.•' · •,.• ( ; I,"\ ,.! , le ('nlir. ;:. :r,:-' r-·: 11· 1, .;w~ \hict-'. : ,.iC') ~,~, T ;- ~1 -,r:n( " r: 1: 01~01 ~ . ,j"! .., 3 7 36 ~ .. 8~ N I r!:444 PH: 647-0 , T:Jkrr 'l~rr. Suite 8'1, Cei.-Tom Bldg, Tomuning ~ 'Prindp•f'/Jroqr ~ 'IM.,... Zhna ~,,,,, ~ 0 ::, C 0 --, ~ 1 C: l J' VONA ORDOT BAZA GARDEN CHALAN PAGO 3801211A 311D12BA HOUSE $129 000 11082SQ. M. LANO I .,135,000 VIGO I.Nge ◄BO 2/BA house w/1600 af IMng apace $127,000 ~reoo\lllted 0 down $773.42/m plu& T&I O\do,o,SRS'• ci:111 1 Roaf Trlplell Plus Modular liouse $55,000 ~• I ~ Guam Seawalker Tours 1 · Immediate Openings ~ Reservations Staff: Experience in taking E phone reservations helpful, but willing to train. 8 Japanese speaking a plus, starting pay at $8.00 5 perhour. 0. . E Divers: PADI or NAUI open water certified 0 8, Drivers: G License or D License All applicants must possess drivers license and have own transportation. Police clearance must be turned in with applications. Apply at Seawalker Tours, located in Piti, next to 7-11 store. No phone calls please. t GUAM EO:),l()MIC DE\/ELOPMENT & COMMERCEAUTHOAfTY Aturidml /11ndilan1<m lk,ummilum Ylm K1un~h;io11 (;11alu11i ~ WT Felix Camacho Governor Kaleo Moylan lieutenant Governor REQUEST FOR PROPOSALS FOR TERRITORIAL ECONOMIST RFP-05-006 The· Guam Economic Development and Commerce Au thority (GEDCA), is requesting proposals for a Territorial Economist. ♦ ~ ..: If • • 1:r-~1 NINA• BSNTE OCBO NA UBESLATURAN GlJ.ABAN @) Committee on Natural Resources, Utilities & Micronesian Affairs Jllce Speaker Joanne M.S. Brown Chairperson The Committee on Natural Resources, Utilities & Micronesian Affairs will be holding a public hearing on Friday, January 11, 1005, 9:00 a.m., at the Legislative Building Public Hearing Room in Hagatna, on the following: BILL 20(EC): AN ACT TO REPEAL AND REENACT SECTION S1102.9 OF TITLE 10, GUAM CODE ANNOTATED TO PRO HIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARDFILL. Individuals requiring special accomodations should contact Carl I. Quinata, A.D.A. Coordinator at 472-3450. PAID FOR wm, GOVERNMF.NT FUNDS ... ® GUAM ECXJt0.4IC DEvaOPMENT & COM\ERCEAUTHOAfTY Aturidm/ lmulil11nto11 lk111111111iha11 Yan KHml't.vion GH11han GU\M V Felix Camacho Governor Kaleo Moylan lieutenant Governor REQUEST FOR PROPOSALS FOR STORM WATER MANAGEMENT PLAN RFP-05-005 The Guam Economic Development and Commerce Authority (GEOCA) is requesting interested applicants to submit pro posals to develop a Storm Water Management Plan for the E. T. Calvo Memorial Industrial Park, Tamuning, Guam. Request for Proposals (RFP) packages may be obtained at GEDCA, Suite 511, ITC Bldg., 590 S. Marine Drive, Tamuning, Guam, between 8:00 a.m. and 5:00 p.m., Monday through Friday, exduding holidays. QeadHne for submission for an proao,al1 1s 4:00 p.m,. fdday. February 4. 200s. Guam Standard Dme. All proposals must be received at the Administrator's Office. For additional Information, contact George Bamba at (671) 647-4332 or via fax (671) 649-4146. /s/ Gerald S.A. Perez Administrator Purs,,m1t to Public law 16-/ l, this ad was paid by GEJX'A Gmera/ Fwlti. BEFORE THE GUAM PUBLIC UTILITIES COMMISSION GUAM TELECOMMUNICATIONS ACT OF 2004-GRANDFATHER CERTIFICATES NOTICE DOCK.ET 05-02 The Guam Telecommunications Act of 2004 [PL. 27-110) [Act] provides that no person shall provide or resell intra-Guam telecommunications services [telecom services] without a certificate of authority issued by the Guam Public Utilities Commission [PUC]. The Act became effective on December 31 , 2004. A certificate is not required to provide or resell commercial mobile service. Pursuant to the Act, any person who was providing or reselling telecom services in Guam on December 31 , 2004, is ·entitled to receive a Grandfathered Certificate [Certificate] from PUC upon proper application. PUC is required by the Act, upon proper application, to issue a Certificate within sixty days of December 31, 2004. Applications for Certificates are available at PUC's office [Suite 207 GCIC Building,414 W. Soledad Ave . Hagatna, Guam 96910] and upon request will be emailed or mailed to applicants. Questions regarding this notice should be directed to PUC in writing by mail; by fax [472-1917]; or by e-mail [guam .puc@kuentos .guam net]. January 10, 2005 This dynamic individual will play a vital role in the success of the credit union managing the delinquencies, charge offs and recoveries. Strong analytical ability to prevent deteriorating loan situations ·will set you apart from other candidates. The successful individual will have a thorough knowledge and experience in a full range of lending products, including residential and dealer originated Installment lending and strong knowledge of current collecth:,n and charge off practices. The successful candidate must be an independent, hiqhly motivated self-starter with an aptitude for Written Testimony for: <.;O\lR\Ot,i Felix P. Camacho 1.T GO\'ER\lH\ Kaleo S. Moylan malb► eg~!~f c~~!~ [)!RECH>• Joseph W. Du~has OEPl TY [)!RfCil '• Michael C. James Bill 20(EC): An Act to repeal and reenact section 51102.9 of Title 10 Guam Code Annotated to prohibit the use of combustible materials in a hardfill. For the record,, the Department of Public Works is in full support of the intent ofBill 20(EC). The elimination of tree limbs and stumps which are properly categorized as green waste, and other combustible materials from all hardfills should greatly reduce the potential for underground fires. DPW is not in support ofBill 20(EC) as it is currently written. DPW' s experience with the last fire at the Malojloj hardfill in addition to staff training from FEMA in the latest Debris Management Plan concepts provides the recognition of impact Bill 20(EC) will provide for the health and safety of our island residents. However, it is this same experience and training that propels our request to expand Bill 20(EC) to not only eliminate the green waste and combustibles from the hardfill, but to identify the acceptable alternative methods of disposal for these wastes. While, Public Law 24-272 acknowledges that source reduction shall include a conservation and recycling program and that it shall also include the disposal of green waste through mulching or composting, or the recovery of resources through recycling of the green waste. It further states that the Solid Waste Management Plan shall address typhoon and other disaster recovery waste. The reality today is that our island residents are without a government sanctioned facility and plan to dispose of their green waste and combustibles on a daily basis. A possible short term solution for the reduction and recycling of green waste is a suggestion for the Department of Parks and Recreation to expand their seasonal tree mulching program to more than once a year. The Department of Agriculture is another agency that has potential for implementing a tree mulching program. In light of the challenges that the Department of Public Works faces in the closure of the Ordot Dump and the opening of a new Municipal Solid Waste Facility, DPW would be remiss in it's duty to support Bill 20(EC) without an identified alternative for disposal of green waste and combustibles. ~ RECEIVED DATE: Q :).- 0 <j- tJ 5" Cl}r- II: 31 542 Nonh Marine Drive, Tamuning, Guam 96913 • Tel (671) 646-3131 / 3259 • Fax (671) 649-6178 P.O. Box 22439 GMF • BARRIGADA, GUAM 96921 • TEL: 475-1658/9 • FAX: 47,402 . ; •. i:,fl , T JAN 2f1005 1 Senator Joanne M.S. Brown ~1~ Vice Speaker of the 28th Guam Legislature ', ~ . ..,.", · Chairperson Committee of Natural Resources, Utilities, and Micronesian AffafrSryr;c-'-" ~f 155 Hessler Street :-:- ·· i Hagatna, Guam 9691 O Subject: Bill 20 (EC): An Act To Repeal And Reenact Section 51102(9) Of Title 10, Guam Code Annotated To Prohibit The Use Of Combustible Materials In A Hardfill Dear Senator Brown: The Guam Environmental Protection Agency appreciates the opportunity to provide comment on the proposed amendment in Bill 20 (EC). According to Bill 20 (EC), a modification to the definition for hardfill is being recommended to prohibit the disposal of any combustible material at these facilities. After careful review and through discussions with permitting, enforcement and compliance staff, this Agency offers the following comments: 1. Based on our research, it appears that the language cited, §51102(9) in Bill 20 (EC), has been superseded and originates from Public Law 23-64. Public Laws 24-139 and 24-272 amended Public Law 23-64. Instead, the definition of a hardfill is currently §51102(20), states "Hardfi/1 means a method of compaction and earth cover of solid waste, other than those containing garbage or other putrescible (putrescent) waste, including, but not limited to, demolition waste and like waste not constituting a health or nuisance hazard, where cover need not be applied on a per day used basis". 2. In addition, Guam's Solid Waste Disposal Rules and Regulations (GSWDRR), Article 3, §23301 (b)(4) and §23302(c)(4), further describes the solid wastes accepted and excluded, respectively, in a Solid Waste Hardfill Facility. More specifically, §23302(c)(4)(B) lists various organic solid waste to be excluded from a Solid Waste Hardfill Facility. The prohibition of organic solid wastes in hardfill facilities is two-fold. First, Guam EPA is aware of the risk posed by spontaneous combustion, which occurs naturally as a result of the decomposition process associated with organic matter. This is further supported by the written testimony provided by Fire Chief Michael F. Uncangco from the Guam Fire Department. In addition, without a continuous and full-proof compliance monitoring program to ensure facilities properly combine inert and organic materials and "ALL LIVING THINGS OF THE EARTH ARE ONE" / . provide capping, the risk for spontaneous combustion increases, as evidenced in the Malojloj and Chalan Pago (Santa Cruz) hardfill fires. Second, consistent with Guam's Integrated Solid Waste Management Plan, this Agency encourages the diversion of organic materials from disposal facilities to support recycling through composting. The Guam Environmental Protection Agency fully supports the exclusion of any combustible material from all solid waste hardfill facilities. To provide additional clarification to the law, we recommend that the definition of combustible material be included as part of Bill 20 (EC). 3. As of December 2004, the following is a status of solid waste hardfill facilities on Guam: Permit Name Location Status Expiration Other Date Eddie J. Cruz Yigo Active 2/17/05 None Hawaiian Rock Active - Interim Application Products Mangilao Approval 1/13/04 Received; Limited Use Kajiyama Hardfill/J & E Chalan Pago Under Closed 7/25/04 Enforcement Equipment (Santa Cruz) Action J & E Equipment Mangilao Closed 8/28/04 Permit Expired Active - Interim Financial Northern Hardfill Yigo Approval 8/26/04 Assurance Under Review SmithBridge Guam, Yigo Active 12/03/05 Limited Use Incorporated Application AAFB Hardfill Yigo Active 10/18/04 Received; Limited Use Following discussions with compliance and enforcement staff, the most prevalent challenge lies in the area of operation and allowances of these facilities. For example, a provision within the current regulations could include an exemption for inert materials such as concrete (without lead-based paint or asbestos) and asphalt, to support reuse and recycling of these viable backfill materials for land reclamation and cost cutting measures. In addition, to ensure green wastes generated from large development projects are diverted from disposal facilities, your office may wish to consider a requirement for all individuals requiring a clearing and grading permit to grind and compost all vegetative wastes. In closing, this Agency also understands that debris management after a natural disaster has often led to exemptions for some of the excluded waste to be placed in a solid waste hardfill. To remedy this situation, Guam EPA is in the process of developing a Guam Debris Management Plan through funding from a Hazard Mitigation Grant. Furthermore, this Agency is updating its Integrated Solid Waste Management Plan to incorporate current waste management practices and lessons learned following natural disasters. Thank you for this opportunity to comment, should you have any questions, please feel free to contact Ms. Conchita S.N. Taitano or Ms. Barbara F. Torres from my office. Sincerely, 1D~~ Fk~o M. CASTRO Administrator I • .. T esti1nony by Fire Chief Michael F. Uncangco Guan1 Fire Department On Bill 20 (EC) To the Con1111ittee on Natural Resources, Utilities, & Micronesian Affairs The Honorable Joam1e M.S. Brovvn, Vice-Speaker and Chairperson Fridav. J anuarv 21. 2005 .., .,., ,..i .,, 9:00 a.111. Mina' Bente Ocho na Liheslaturan Guahan Giya Hagatfia Hafa Adai yan Buenas ! Madatn Chairperson, distinguished members of the committee: (INTRO) The Guam Fire Department supports the repeal and reenactment of Section 51102.9 of Title 10 Guam Code Annotated to prohibit the use of combustible materials in a hard fill The passage of this measure certainly will contribute to the abatement of uncontrolled fires, either intentionally set or spontaneously combusting which has resulted in costly containment and required the evacuation, displacement, relocation, and sheltering of our citizens and neighbors living adjacent to the affected areas. Not to mention the possibility of leachate, a serious problem resulted from rain or water percolating through the debris and carrying possible harmful bacteria and hazardous chemicals into the groundwater and nearby river. By eliminating and prohibiting the co-mixing of vegetation debris and other combustible materials we would also minimize the occurrence of pyrolysis, a natural dynamic decomposition process of vegetation and organic materials causing combustion or fire. Inside a landfill, innumerable microorganisms are hard at work. These microbes may be fungi or microscopic bacteria. Microbes feeding on the organic matter in the landfill transform the matter into smaller and smaller particles this rotting or decaying process is called decomposition. The odor prevalent at the landfill is caused by gases created by the microorganisms as they break down organic material. Thus, you have LFG , . (Land Fill Gas). It is created as a result of the decomposition that is dynamically occurring. Left uncontrolled, LFG will migrate out of the landfill and into the atmosphere creating odor, safety, and environmental problems. LFG is composed of methane (50-55%), carbon dioxide (45 50% ), and trace amounts of other gases such as oxygen, nitrogen, and hydrogen sulfide. The methane component of LFG is of particular concern and must be controlled by the landfill operators, in this case, the Department of Public Works (DPW), for several reasons. Although the gas itself is odorless, it suspends other gases with unpleasant odors (hydrogen sulfide), is highly flammable and will explode if trapped. In addition the methane in a cubic foot of LFG is believed to be 20 to 30 times as powerful a contributor to global warming as an equivalent amount of carbon dioxide. There are different systems employed by most sanitary landfills to vent or collect methane which if recovered, can serve as a viable alternative energy source. Currently, permeable gravel trenches, or a combined system of pipes and gravel trenches are used to draw gas out of the landfill. When LFG is recovered in can be burned-off in a process called flaring, or captured to generate power. Taking positive steps to enhance Guam's Solid Waste Management System will translate into a safer, cleaner, island home. Thank you for the opportunity to express the Guam Fire Department's position on this measure. tJFFJt,,E iJF THE M>GI ~ AUTY OF ZNARAJ'AN .o. .. 1N., Hip,, ... 9dNZ TM: {61'1) 41'11-IIIOIVltVll/lZ hit: {61'1) tJa-Z/!10 TESTIMONY OF MAYOR FRANKLIN M. TAITAGUE \NARAJAN ~, •1 atAYors OFFlc;e BUENASI MY NAME IS MAYOR FRANKLIN M. TAIT AGUE FROM THE HISTORICAL VILLAGE OF INALAHAN. ON BEHALF OF THE GREAT CIIILENS OF THIS ISLAND, SI YU'OS MA'ASE FOR BILL 20. THIS PIECE OF LEGISLATION WILL PROTECT AND PREVENT FUTURE HEAL TH AND ENVIRONMENT AL HAZARDS AT FUTURE HARDFILL SITES. HOWEVER, ON SUBSECTION 51102.9 OF THE BILL, I ONLY SUGGEST WE DEFINE FURTHER OR BE MORE SPECIFIC OF WHAT l>OMOLITION MATERIALS ARE ALLOWED AT THE HARl>FILL. FURTHERMORE, IN RESPECT TO SECTION 1 OF THE BILL, I WISH TO GO ON RECORD THAT THE MALOJLOJ HARl>FILL IS STILL A POTENTIAL HAZARD TO ITS NEIGHBORING RESIDENTS. I PREDICT THAT DURING THE HOT AND DRY SEASON, THIS HARt>FILL WILL IGNITE AGAIN. TO DATE, GFD IS THE ONLY STANDBY SOLUTION TO THE HARDFILL'S UNPREDICTABLE CONDITION. I WISH TO SOLICIT YOUR ASSISTANCE IN PERHAPS SEEKING THE EXECUTIVE BRANCH TO DETERMINE ITS PROBABILITY OF FUTURE FIRES ANl> IF THE PROBABILITY STILL EXIST, TO IDENTIFY THE FUNDING NECESSARY FOR THE EXCAVATION ANl> REMOVAL OF THE COMBUSTIBLE MATERIALS. THE NEIGHBORING RESIDENTS WILL SURELY BE AT PEACE OF FUTURE HEALTH RISK AND THE DREADED RE-LOCATION FROM THEIR HOMES. THANK YOU AN[) SI vu·os MA'ASE FOR THE OPPORTUNITYI Municipality of Sinajana Mayors' Council of Guam Konshelon Mahot Guahan P.O. Box 786 Hagatna, Guam 96932 Roke B. Blas Mayor January 21, 2005 The Honorable Joanne M. Salas Brown Vice Speaker and Chairperson Committee on Natural Resources, Utilities And Micronesian Affairs I Mina 'Bente Ocho Na Liheslaturan Guahan 155 Hesler Street, Hagatna, Guam 96910 Dear Vice Speaker: Buenas yan Hafa Adai! Thank for your invitation to your public hearing and we deeply apologize for not attending. We are submitting this letter as official test~ony for Bill No. 20. We applaud the Committee on its efforts to ensure a safer landfill however, by prohibiting the dumping of trees and limbs we as mayors are faced with the task of finding a proper area to dispose of this material. We urge the 28th Guam Legislature to provide an alternative site where the trees, stumps and limbs can be· brought to be shredded. A possible solution may be designating an area within the confines of the Ordot Landfill for items such as these thus saving manpower and fuel for those tasked to dispose of them or these hardfill fires could be prevented if the Legislature provided more funding to the Department of Public Works solid waste division so they may properly cover and compact the refuse on a regular basis. We recall a project several years ago in which typhoon debris such as limbs and stumps were shredded and offered to the public at large for compost. Perhaps the legislature could revisit this issue and write a more sensible bill that would take into account the tremendous tasks the village mayor's have in maintaining and beautifying the village. For now, we cannot support legislation such as this that limit our ability and provides no alternative. Si Yu 'os Ma 'ase! Senseramente, ~LAS MAYOR cc: Al/Committee Members All Mayors <il~u\8~ ROBERT D.C. HOFMANN VICE MAYOR OFFICE OF THE MAYOR OFFICE: (671) 472-6707/477-3323 FAX: 472-50~ Bill No. MINA BENTE OCHO NA LIHESLA TURAN GUAHAN ?f) (~05 (FIRST) Regular Session Introduced by: J.M.S. BRO AN ACT TO REPEAL AND REENACT SECTION 51102.9 OF TITLE 10, GUAM CODE ANNOTATED TO PROHIBIT THE USE OF COMBUSTIBLE MATERIALS IN A HARD FILL. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings. I Mina Bente Ocho Na Liheslaturan Guahan finds that 3 the inclusion of tree limbs, stumps, plastics and other types of combustible material in a hardfill 4 has contributed to the ignition of underground fires that have created health and environmental 5 hazards for island residents. Recent examples have included the Malojloj hardfill owned and 6 operated by the Government of Guam and a permitted hardfill located on private property in the 7 village of Chalan Pago. These underground fires that have resulted from these hardfills have 8 adversely affected the air quality for surrounding village residents and have required in numerous 9 cases the temporary re-location of village residents away from their property and privately owed 10 homes. In addition, hundreds of thousands of taxpayers dollars have been spent to provide 11 manpower, equipment and cover material to suppress these avoidable underground fires. 12 Section 2. An act to repeal and reenact section 51102.9 of Title 10, Guam Code 13 Annotated to prohibit the use of combustible materials in a hardfill 14 Section 51102.9. Hardfill shall mean a method of compaction and earth cover of 15 solid wastes other than those containing garbage or other putrescible (putrescent) waste, 16 including, but not limited to, a=ee 1-imes aBG st¼:l:tfips, demolition material, and like 17 materials not constituting a health or nuisance hazard, where cover need not be applied 18 on a per day used basis. A Hardfill shall not include any combustible material. MINA BENTE OCHO NA LIHESLA TURAN GUAHAN 2005 (FIRST) Regular Session Introduced r(: ...----B::.1:.::·11: :.N.;...;:o;.;.-,. r-,--- (f:P{.) JAN O :{ 200'i Intro~ J.M.S. BRO L-----"'rAN~A-;:'; T TO REPEAL AND REENACT SECTION 51102.9 OF TITLE 10, GUAM CODE ANNOTATED TO PROHIBIT THE USE OF r ::3 COMBUSTIBLE MATERIALS IN A HARDFILL. ~:;-. 1 2 BE IT ENACTED BY THE PEOPLE OF GUAM: ·. ·;: /-(.J/) Section 1. Legislative Findings. I Mina Bente Ocho Na Liheslaturan Guahan finds that~ -~ 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 the inclusion of tree limbs, stumps, plastics and other types of combustible material in a hardfill. ::. ~,) has contributed to the ignition of underground fires that have created health and environmental :-:-~)J hazards for island residents. Recent examples have included the Malojloj hardfill owned and operated by the Government of Guam and a permitted hardfill located on private property in the village of Chalan Pago. These underground fires that have resulted from these hardfills have adversely affected the air quality for surrounding village residents and have required in numerous cases the temporary re-location of village residents away from their property and privately owed homes. In addition, hundreds of thousands of taxpayers dollars have been spent to provide manpower, equipment and cover material to suppress these avoidable underground fires. Section 2. An act to repeal and reenact section 51102.9 of Tide 10, Guam Code Annotated to prohibit the use of combustible materials in a hardfilL Section 51102.9. Hardfill shall mean a method of compaction and earth cover of solid wastes other than those containing garbage or other putrescible (putrescent) waste, including, but not limited to, tree limes aBd stl:lRif!s, demolition material, and like materials not constituting a health or nuisance hazard, where cover need not be applied on a per day used basis. A Hardfill shall not include any combustible material.