Public Law 28-70 - An Act To Disapprove And Repeal The Recycling Rules And Regulations Adopted By The Guam Environmental Protection Agency And To Disapprove And Repeal Amendments To The Solid Waste Disposal Regulations

• P.O. Box 2950 Hagatfia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: govemor@mail.gov.gu Felix Perez Camacho Governor Kaleo Scott Moylan Lieutenant Governor The Honorable Mark Forbes Speaker 1 4 OCT 2005 Mina' Bente Ocha Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Mr. Speaker: Transmitted herewith is Substitute Bill No. 158 (EC), "AN ACT TO DISAPPROVE AND REPEAL THE RECYCLING RULES AND REGULATIONS ADOPTED BY THE GUAM ENVIRONMENTAL PROTECTION AGENCY AND TO DISAPPROVE AND REPEAL AMENDMENTS TO THE SOLID WASTE DISPOSAL REGULATIONS " which I signed into law on October 14, 2005, as Public Law 28-70. 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 Senator Edward J.B. Calvo RE SECRETARY OF nIE LEGISlATU ACKNOWLEDGEMaN"f RECEIPT , n L Rcv'd by~~·~~~--:-::-:---:=-;;-~::. :J :J ~ Print Name & Initial Office of the Speaker D&e~~ Time: I : s--u f Rec'd by: i Print Name:~~~ jg~ o~- 3 (g 1 •T :-o,,;>• • ~------~-::::: --~-.• 0-.. --~ 'S ~--~ • I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO/ MAGA 'LAHEN GUAHAN This is to certify that Substitute Bill No. 158 (EC), "AN ACT TO DISAPPROVE AND REPEAL THE RECYCLING RULES AND REGULATIONS ADOPTED BY THE GUAM ENVIRONMENTAL PROTECTION AGENCY AND TO DISAPPROVE AND REPEAL AMENDMENTS TO THE SOLID WASTE DISPOSAL REGULATIONS," was on the 30th day of September, 2005, duly and regularly passed. ----~//. /~ /7 ! C - / - ,,,4~ , Attested: Edward J.B. Calvo Senator and Secretary of the Legislature This Act was received by I Maga 'lahen Guahan this at 4·, 1t D o'clock f .M. q D: ~ FELIX P. CAMACHO I Maga 'lahen Guahan Date: /t> t'f/e,s J Public Law No. 28-70 / - . ;, ~ rk Forbes 1 Speaker D4#\ day of Otfb~ , 2005, AssiftrOfficer Maga 'lahi 's Office I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session Bill No. 158 (EC) As substituted by the Committee on Natural Resources, Utilities and Micronesian Affairs and further substituted and amended on the Floor. Introduced by: J. M.S. Brown Ray Tenorio F. B. Aguon, Jr. Edward J.B. Calvo Mike Cruz Mark Forbes L. F. Kasperbauer R. Klitzkie J. A. Lujan A. B. Palacios A. R. Unpingco AN ACT TO DISAPPROVE AND REPEAL THE RECYCLING RULES AND REGULATIONS ADOPTED BY THE GUAM ENVIRONMENTAL PROTECTION AGENCY AND TO DISAPPROVE AND REPEAL AMENDMENTS TO THE SOLID WASTE DISPOSAL REGULATIONS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Disapproval of the Guam Environmental Protection Agency 3 Recycling Rules and Regulations. The Recycling Rules and Regulations for the 4 Guam Environmental Protection Agency ("GEP A"), that were adopted by the Board 1 I 1 of Directors for GEPA on June 17, 2005, are hereby disapproved and repealed. 2 These rules and regulations are attached hereto and labeled as Exhibit A. 3 Section 2. Disapproval of Amendments to the Guam Solid Waste 4 Disposal Rules and Regulations. The amendments to the Guam Solid Waste 5 Disposal Rules and Regulations for GEP A that were adopted by the Guam 6 Environmental Protection Agency Board of Directors on June 17, 2005, in order to 7 renumber said regulations are hereby disapproved and repealed. These rules and 8 regulations are attached hereto as Exhibit B. 2 t I I I • GUAM ENVIRbNMENTAL PROTECTION AGENCY AHENSIAN PRUTEKSION LINA'LA GUAHAN P.O. Box 22439 GMF • BARRJGADA, GUAM 96921 • TEL: 475-1658/9 • FAX: 477-9402 GUAM'S RECYCLING RU,LES AND REGULATIONS APPROVED AND ADOPTED BY GUAM EPA BOARD OF DIRECTORS . John M. U. Jocson Board Chairman Attested To: Margaret P. Aguilar Board Secretary EXHIBITA EFFECTIVE DA TE: - - - -- ---- - ....... ... ......... Y"'I~ ~ ... Tr""I,, '' I GUAM'S RECYCLING 1 2 3 4 5 6 RULES AND REGULATIONS Title, 22, Division 4, Chapter 23, Article 5 TABLE OF CONTENTS 7 PART A 8 9 10 11 12 Section 23501 General Provisions Section 23501~1 · Purpose, Scope, .and.Applicability Section 23501.2 Definitions. Section 23501.3 GEP A Compliance and Inspections Section 23501.4 Penalties and Fines 13 PART B 14 15' Section 23502 Section 23502.1 16 PART C Recycling Revolving Fund Administration of Recycling Revolving Fund 17 Section 23503 Recycling Fees 18 Section 23503.1 Schedule of Recycling Fees ' 19 Section 23503.2 Collection of Fees 20 Section 23503.3 Notice To Consumers of Recycling Fee Payment 21 22 23 24 25 26 27 PARTD Section 23504 Section 23504.1 Section 23504.2 Section 23504.3 Section 23504.4 PARTE Importers of Automobiles, Bus, and Trucks for Resale Payment of Recycling Fees: Registration Requirement Recordkeeping Requirements Reporting Requirements ,,,, 3 3 3 '4 '. 10 11 11 11 11 12 12 12 12 14 14 14 14 16 17 18 18 28 Section 23505 Jmporters of Tires, Batteries, Heavy Equipments, and White Goods for Resale 18 29 Section 23505.1 Payment of Recycling Fees 18 30 Section 23505.2 Registration Requirement 20 31 Section 23505.3 Recordkeeping Requirements 21 32 Section 23505.4 Reporting Requirements 22 1 • ·I~ t •" • 1 PART F 2 Section 23506 Recycling Centers 3 Section 23506.1 Acceptance of "recyclable materials" for recycling. 4 Section 23506.2 Requirements for Certified Recycling Centers 5 Section 23506.3 Application for Certification , 6 Section 23506.4 Posting of Certification 7 Section 23506.5 Uncertified Recycling Activities 8 Section 23506.6 Load Inspection Requirements · 9 Section 23506.7 Issuance of GEPA Recycling Refund Vouchers 10 Section 23506.8 Transport of "recyclable materials" to Recycling Centers for Export 11 Section 23506.9 Recordlseeping Requirements 12 Section 23506.10 Reporting Requirements 13 PART G 14 15 16 Section 23507 Refunds Section 23507.1 Refund Values Section 23507.2 Payment of Refund Values 17 PART H 18 19 20 21 22 23 24 25 Section 23508 Section 23508.1 Section 23508.2 Section 23508.3 Section 23508.4 Recycling Facilities Permit Requirements Load lnspecti,ons Requirements Recordkeeping Requirements Reporting Requirements 22 22 22 22 23 I 25 25 26 26 28 28 29 30 ,,, .,, ' ti:.' ,.I j'C}~' ~ ' 1 ~ ffll\o, •/i.J, ,, 30 30 31 31 31 31 32 32 2 1 2 3 4 5 6 7 Section 23501.1 8 • GUAM'S RECYCLING RULES AND REGULATIONS Title 22, Division 4, Chapter 23, Article 5 Part A Section 23501 General Provisions Purpose, Scope, and Applicability 9 (a) The purpose of this Article is to establish the'minimu:m standards to implement .... 10 Guam's Recycling Law, Article 5 of Chapter 51, Division 2, Part 2, Title 10, Guam Code 11 Annotated (GCA). 12 13. (b) The scope of this Article is to establish minimum standards that provide a 14 mechanism for the collection of recycling fees levied on recyclable materials, for the 15 administering of the Recycling Revolving Fund ("the Fund"), and to foster redemption 16 systems that facilitate recycling of recyclable materials. 17 18 (c) 19 20 21 22 23 24 25 26 27 This Article shall apply to: (1) (2) (3) Any person engaged in the importation of recyclable materials, as defined and listed in Section 23501.2(v), for resale, and wherein a recycling fee has been established for such recyclable material in Section 23503.1, unless otherwise specified in this Article, or as specified in 10 GCA Chapter 51, Article 5, as amended. Any persons engaged in the operations of recycling centers and recycling facilities. Any person who applies for a refund for the return of a recyclable material. 3 •· ••1 ••f,. l',, ' I • 1 2 (d) This Article does not apply to any person who imports re07clable materials, as 3 defined and listed in Section 23501.2(v), for personal use, subject to the Use Tax provisions ' 4 of Section 28105 of Chapter i28 of Division .2, Title 11 of the Guam Code Annotated. 5 6 Section 23501.2 Defini tioris. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 For the purposes of this Article, except as otherwise provided, the following words '. ' ., <ti ,ti \1,l ' '"' I i1t ,., l•I • .J/, I, l•f'.f'i•J't t. I 1, I · , . , ' , ,., . • and phrases, together with all of the common deriv'afiofiS thereof I shall· have the ,,meaning .. '. ,e,i,, '"· ' ascribed to them as follows: (a) "Administrator" shall mean the Administrator of the Guam Environmental Protection Agency (GEP A), or his or her designee. (b) "Advance disposal fee" shall mean the "recycling fee" charged at the time of import or point of sale, where applicable, of a "recyclable material" that will eventually end up as solid waste. (c) "Appliances" shall mean the household or commercial device operated by gas or electric current. (d) "Consumer" shall mean any person who buys a recyclable material for final use. (e) "Dealer" shall mean any person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered by 4 1 2 3 4 5 6 7 8 9 10 ' rl 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • the Deparbnent of Revenue and Taxation, in accordance to 16 GCA Chapter 7. (f) "Distributors" shall mean any person engaged in the sale of recyclable materials to a retailer. (g) "Electronic Waste" shall mean computers, circuit boards, televisions, and portable telephones. (h) . .. ':EnaJBe,l~.d White Goods" or "White Goods" shall mean appliances, ' ,,,, ,,, "1 1 I 1" >• •! ... • I ,,, q ,.,, I .,,, I, 1 , • , • , with or without enamel, for home or commercial use including, but ·· · not limited to, refrigerators, water heaters, air conditioners, washers, dryers, and stoves. (i) "GEPA" shall mean the Guam Environmental Protection Agency. G) "GEP A Recycling Refunp Voucher" shall mean GEP A established document provided ,to certified recycling centers , issued to persons who returns recyclable material to certified recycling centers, for which is proof for refund payments to such persons. (k) "Gross Vehicle Weight" or "Gross Vehicle Weight Rating" shall mean the value specified by the manufacturer as the loaded weight of a single vehicle. (I) "Heavy Equipment" shall mean any equipment, motor vehicle or motor carrier, or non-road motor vehicle with a gross weight or gross vehicle weight of five (5) tons or more. 5 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • (m) "Home Appliance" shall mean any small home appliam;:e not listed as an Enameled White Good, (n) (o) ' "Impoljt" shall meil!l to bring, or accept delivery of recyclable I materials from any source outside of Guam. "Importer" shall mean any person who buys, brings, or accepts delivery of recyclable materials from outside the port of Guam for sale or resale to distributors, retailers, wholesalers, or consumers. ••,•,J ,tl\t1,,,,..,,it1,-I f•l,.J1il,1,/f,,,..,,•f,lll I 1'1 t'1·~•,l•••1-• ''/l'f ./ ¥' r<o,-..•--•",---....,1·-r·lr/l~l•-•i-•~•-,,, 01 ,,f' 1 .'Jo.---+J-\---.,\°'I,,.,...,,,-,... .• , ,, .I·,, 1 (p) "Motor Vehicle" or. "motorized vehicle" shall mean automobiles:··•·,, .. , .. , .... (q) (r) (s) automobile truck, automobile wagon, buses, trucks, motorcycles or other self propelled wheeled conveyance that will be primarily for use on Guam's public streets, roads, and highways that are required to be registe~ed with the Motor Vehicles Division, Department of Revenue and Taxation, Government of Guam. "Municipal Solid Waste" is a subset of solid waste and is defined as durable goods (e.g., appliance, batteries, tires), nondurable goods (e.g., newspapers, books, magazines), containers and packaging, food I wastes, yard trimmings, and miscellaneous organic wastes from residential, commercial and industrial non-process sources. "Imported Vehicle" or "Imported Motor Vehicle" shall mean a motor vehicle that has no prior record of having been registered in Guam. "Person" shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, 6 1 2 3 4 5 6 7 8 9 10 ' ' 11 12 13 14 15· 16 17 18 19 20 21 22 23 24 25 26 27 28 • or any agency, department, or instrumentality of the Federal or local government, or any other legal representatives, agents or assigns. (t) "Recovered Resources" shall mean material or solid waste that has been diverted from disposal for the purpose of recycling or bioconversion. This term does not include those materials that are generated and normally reused on-site for manufacturing purposes. (u) "Recycle" or "Recycling" means the method by which recovered resources are converted for use as raw materials or feedstock to make new products. 'J 1'' 'I ,,,, I ,1•, I •1• (v) "Recyclable Materials" means materials that still have useful physical or chemical properties after serving a sp'ecific purpose for the same or other purpose. Recyclable materials include the following: (1) Batteries (i.e., lea~-acid, portable computer batteries, nickel cadmium, se~ed types for power backup); (2) Automobiles, buses, and trucks or any form of motorized vehicle; (3) Tires (passenger/commercial); (4) Enameled white goods; (5) Home appliances (other small appliances that are not considered enameled white goods); (6) Glass and plastic bottles; (7) Foam padding; (8) Lead; (9) Metals (ferrous/non-ferrous); 7 . ,., .. ,. ,. 1 2 3 4 5 6 7 8 9 '·' .10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • (10) Organic material (i.e., tree trimmings, palm fronds, grass, food waste, soiled cardboard); (11) Paper products; '(12) ~ ood pallets ~d scrap wood; (13) Construction and demolition debris ('C&D'); (14) X-ray film; (15) Automobile oil and fluids; (16) Freon and other refrigerant gases; (17) Electronic waste (i.e., computers, circuit boards, televisions, (18) (19) Heavy equipment; and Other recyclable materials deemed recyclable by GEP A pursuant to this Article. (w) "Recycµng Center" shall mean a GEP A certified operation, which accepts· from any person a recyclable material for recycling and provides GEP A Recycling Refund Vouchers in accordance to Section 23506. (x) (y) "~ecycling Company" shall mean any business licensed by the Department of Revenue and Taxation, and issued a permit, as required in Section 51104 of Chapter 51 of Title 10 of the Guam Code Annotated, from the Guam Environmental Protection Agency to conduct business on Guam. "Recycling Facility" shall mean all contiguous land, structures, and other appurtenances, and improvements on the land used for the collection, separation, recovery, and sale or reuse of recovered resources that would otherwise be disposed of as municipal solid 8 1 2 3 4 5 6 7 8 9 10 ' ' 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of post· consumer material. Recycling Facility may be considered a "recycling center" upon GEP A's approval. (z) "Recycling Fee" shall mean an advanced disposal fee (ADF) imposed on goods for the recycling and disposal of said goods. (aa) "Redemption rate" shall mean the percentage of recyclable material per .type ,r~q~e111ed within a reporting period. The percentage shall be ' "" "; "11 I ti I•,/,.• , I 1 ,, It ,,, 1 I , 1 ,, 1 , 1 , calculated by dividing the number of recyclable material per ·type· · redeemed by the number of recyclable material per type sold, and then multiplying that number by one hundred (100). · (bb) "Refund value" shall mean the amount refunded to any persons upon return of a recyclable material for which a recycling fee has been imposed. Refund valu~ for each recyclable material is established in Section 23507.1. (cc) "Remanufactured" shall mean to manufacture a used recyclable material into a new or recycled material of the same after initial use of such recyclable material. ( dd) "Responsible Official" shall mean (1) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation, or an authorized representative of such person if the representative is responsible 9 1 2 3 4 5 6 7 8 9 10 · 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for the overall operation of one (1) or more manufacturing, production or operation facilities apply.mg for or subject to the requirements of this Article. (2) For a partnership or sole proprietorship: a general partner of th~ proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: a principal executive officer, ranking elected official, or an authorized representative as approved by the Administrator.· the purchaser and not for resale. (ff) "Retailer" shall mean a business licensed with the Department of Revenue and Taxation to do retail sales. (gg) "Wholesale" shall mean the importation into or purchase on Guam from a manufacturer or other wholesale license of tangible personal property not for consumption or use by the purchaser but solely for resale or retail wholesale or retail sellers. (hh) "Wholesaler" shall mean a business licensed with the Department of Revenue and Taxation to import or purchase on Guam tangible personal property not for consumption or use by the purchaser but solely for resale or retail wholesale or retail sales. 26 Section 23501.3 GEP A Compliance and Inspections 27 28 (a) GEPA is authorized to conduct inspections of recycling centers, recycling facilities, 29 and inspect and obtain records of importers and dealers, and any applicable facility or 10 1 documentations required to verify compliance with this Article. Inspections shall be 2 conducted by GEP A during the company's normal hours of operation.· 3 4 Section 23501.4 Penalties and Fines 5 6 7 8 (a) Any person who violates any provision of this Article shall be subject to the penalties provided for in Section 51115 of Article 1, Chapter 51, Division 2, Part 2 of Title 10 of the Guam Code Annotated. , . 9 10 11 ' ' 12 Section 23502.1 13 jt Ir•' • I 1 '' If ,.,, I , 1,, Part B Section 23502 Recycling Revolving Fund· Administration of Recycling Revolving Fund 14 (a) All revenues generated by the collection of the "recycling fees" in accordance with 15 Section 23503.2 of this Article, including interest earned, shall be deposited into the 16 "Recycling Revolving Fund", hereinafter'referred to as "Fund". 17 18 (b) Monies in the Fund shall be administered, managed, and maintained by the GEPA 19 Administrator, or his designee, for the implementation of this Article. 20 21 (c) Monies in the Fund shall be used for payments of refund values to consumers upon 22 receipt of issued GEP A Recycling Refund Voucher by certified recycling centers and 23 submittal of application for payment, and upon verification of such applications as 24 established in Section 23507.2 of this Article. 25 11 ,· ,.,· ,,;, I',, 1 (d) Monies in the Fund shall be used to fund recycling operations, recycli,ng events, and 2 recycling projects, including contracts with recycling compru:iies, project management, 3 administrative, and public outJ:each. 4 5 (e) The Administrator of GEP A may contract the services of a third party to administer, 6 collect, disburse, manage, maintain, and report the activities of the Recycling 7 Revolving Fund. 8 9 PmC 10 Section 23503 Recycling Fees 11 Section 23503.1 Schedule of Recycling Fees 12 (a) The recycling fees accessed on recyclable materials are specified in Article 5, of 10 13 GCA, Chapter 51, as arnen~ed. 14 Section 23503.2 Collection of Fees 15 16 17 18 19 20 21 22 23 24 25 26 (a) Guam Customs & Quarantine Agency ("CQA") shall be responsible for the collection of the recycling fees assessed on those recyclable materials as specified in Article 5, 10 GCA, Chapter 51. (b) For all automobiles, bus, and trucks, recycling fees are collected at the point of sale. Payment of recycling fees shall be in accordance with Section 23504.1 of this Article. (c) For all batteries, tires, white goods, and heavy equipments, recycling fees are collected at the point of import and prior to the release of said recyclable materials. Payment of recycling fees by importers shall be in accordance with Section 23505.1 of this Article 12 e 1 2 (d) Guam CQA may collect fees at any Guam CQA designated collection locations such 3 as: 4 5 6 7 8 9 (1) (2) (3) Jose D. Leon Guerrero Port Authority of Guam, or A. B Won Pat Guam International Airport, or Any designated or approved CQA collection agent or location 10 11 12 (e), , CQA shall !~~ord .~ yayments of fees and provide importers and dealers copy of ' •'·'"I' "Jf ttt 1 .. .,.,. • l the paid "Recycling Fee Payment Form" as applicable. . ' · " · ,, ' ,.. '· ,. · ·· ,. ' 13 (f) CQA shall deposit all fees collected in accordance with its' established rules and 14 procedures, utilizing official receipts authorized and issued by the Deparbnent of 15 Administration, Government of Guam. 16 17 (g) The Administrator of GEP A may all.ow exemptions of collection of recycling fees 18 for recyclable materials imported as remanufactured recyclable material that was once 19 exported from Guam, provided the importer submits request for exemption thirty (30) 20 days prior to the date of import. Approval of such exemptions will be based on the 21 following proof of documentations: 22 (1) GEPA Exemption Request Form submitted and signed by a "responsible 23 official" 24 25 (2) Copies of shipment records of exported recyclable material exported for 26 remanufacturing. 27 28 (3) Copies of shipment records, invoice, and specification of remanufactured 29 recyclable materials imported for resale. 13 1 2 (h) The Administrator of GEPA may allow for credits of pay,ment of recycling fees for 3 recyclable materials imported and then exported for resale to other islands, provided that 4 the importer requests for ~~ch credit. Approval of such credits will be based on the • I 5 following proof of documentations: 6 (1) GEPA Credit Request Form submitted and signed by a "responsible official" 7 8 (2) Copies of shipment records of exported recyclable materials for resale in 9 other islands. ' ,·,1 ,,I •1t ,,,.., 1111 ,., '" '.i.ii, l, l•t'fl,t'f. • I , 1 II I i' I I 'I·, .,! •, 1 1.0. 11 12 13 '',Inf ,/ ,, '••., •' •' • . J ' ~(11 I ', •. :· ' " , ! . l' I,' H 11 ~. ..\~ ' •• l .... (3) Copies of shipment records of receipt by imported receivillg r~d~bie''"·'""··•"•· · material signed by responsible official of that importer or company. 14 Section 23503.3 Notice To Consumers of Recycling Fee Payment 15 All sales receipts or invoices. issued to the consumer for each recyclable material for which 16 the recycling fee has been paid must include a statement that the recycling fee has been 17 paid. The statement must be substantially equiv~ent to the following: 18 19 "Recycling Fee Paid per Article 5 of Chapter 51 of 10 GCA" 20 21 PartD 22 Section 23504 Importers of Automobiles, Bus, and Trucks for Resale 23 Section 23504.1 Payment of Recycling Fees: 24 (a) Upon the effective date of this Article, dealers shall be responsible for the payment 25 of the recycling fee assessed on all imported automobiles, bus, and trucks at the point of 26 sale in accordance to fees established in Section 23503.1 of this Article. 27 14 1 · (1) The recycling fee identified in Section 23503.1 shall be paid to the Guam 2 3 4 5 6 7 8 9 , · 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (2) ' ' (3), (4) (5) (6) (7) CQA at any designated CQA location as specified in Section 23503.2 of this Article. Dealers must complete a Recycling Fee Payment Form provided by CQA and present to CQA a copy of the proof of purchase, or invoice of said vehicle which shall include, but is not limited to, the vehicle model, make, year, engine number, and vehicle identification number (VIN).· The recyclil)g Jee shall be made payable by cash, check, or money order to ' •' • " ~ "I I I t ' I '" , , • , I t • , ! / ,, 'I I 1 , , ! , 1 , • ,, , , the Treasurer of Guam c/ o Recycling Revolving Fund. Upon receipt of such payment from Dealer, and upon verification of documents, CQA must provide the dealer a copy of the Recycling Fee Payment Form stamp "PAID". The Recycling Fee Payment Form issued shall have the information of the vehicle model, make, year, engine number, and vehicle identification number (VIN). Payment must be made prior to obtaining vehicle registration and Certificate of Ownership issued by the Department of Revenue and Taxation, Division of Motor Vehicles. The Deparbnent of Revenue and Taxation, Division of Motor Vehicles shall withhold the issuance of the vehicle registration for any imported motor vehicle sold through a dealer until the official receipt from CQA is presented evidencing the payment of the recycling fee for said vehicle being registered. As per Section 23503.3, a statement of proof that such "recycling fee" has been paid on the vehicle must appear as a separate line item on every 15 1 2 3 4 5 6 Annual Vehicle Registration Form and the Certificate of Ownership Form issued for the vehicle by the Department of Reven~e and Taxation, Division of Motor Vehicle. The statement on these forms must substantially be equivalent to ijhe following: . "Recycling Fee Paid per Article 5 of Chapter 51 of 10 GCA" 7 Section 23504.2 Registration Requirement 8 (a) Within 30 days upon the effective date of this Article, all importers of automobiles, 9 10 11 trucks, and buses for resale, shall register with GEP A using the GEP A Registration Forms, ·. · .. ,.,, """''"'• 1orr1,-1,"'"'•••ffl,r1 1 ~1.1,,11'1 1~·,·<1·•·1• .,,... ,1 ,. ,,1 .• , .. , .1,.1,11~1 ,,,..,,. , . I · I, · 'I 1 1 I• I•. 1 1 ~• ,,I\ ,,.1,., 1 '', 11 •tf t 1,:.,,1 ,•,..•~•~ ,'-ft''fi',,J1ol,,, and shall notify GEPA of any change in aqdress, or responsible official. 12 (b) Any person who desires to import automobiles, trucks, and buses for the purpose 13 of resale shall register with GEPA using the GEPA Registration Forms no later than one 14 month prior to the commencement of the business. 15 16 (b) GEP A Registration Forms shall include, but is not limited to, the following 17 information: 18 (1) The legal name (s), mailing address, business address, contact person's name 19 and position title, and telephone and fax numbers of the owner and, if applicable, or 20 its duly authorized representative. 21 22 23 24 25 (2) (3) Tax Identification Number of Business Copy of the Guam's Business License 16 1 (4) Current inventory and type of imported motor vehicle existing in each car lot 2 awaiting to be sold by the company. Ensure to provide the location of each car lot 3 site used by the comp~ny. 4 (5) . Process of payment of "recycling fee" upon sale of automobile, bus, or truck. 5 6 (6) 7 truck. 8 9 10 (7) Process of receipt of payment to consumer upon sale of automobile, bus, or Print and Signature of the businesses' "Responsible Official". 11 (d) Upon review of Registration Request and documentations received, GEPA shall, 12 within 30 days, approve and issue a GEPA Registered Recycling Material Importer of 13 Automobile, Bus, and or Truck Dealer. 14 Section 23504.3 Recordkeeping Requirements 15 16 (a) 17 18 19 20 21 22 23 24 25 26 Records shall be maintained for at least five (5) years reflecting the following: (1) (2) (3) Quantities and type of recyclable materials imported. Copies of shipment records may be use to satisfy this requirement. Copies of paid receipts from CQA. Quantities and type of recyclable materials exported for distribution to other islands. Copies of shipment records that verify date, type, and quantity exported out of Guam may be used to satisfy this requirement. 17 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 (4) (5) Quantities and type of recyclable materials exported for remanufacturing. Copies of shipment records for these shipments thc\t verify date, type, and quantity exported may be use to satisfy this requirement. In addition, copies ' of receipt by company recei~ing recyclable materials for remanufacturing may be used to satisfy this requirement. Quantities of remanufactured recyclable materials imported for resale. Copies of shipment records for these shipments that verify date, type, and quantity imported may be used to satisfy this requirement. ., .·,, .,I \ti ''"" '1H ... '" • .J,I'. I, ,,,,-..i~, •. I 'II' I t' I I '1 ·, ,,1.' I "f,f ., ,. ''\· •' ,, ' ! 'J.l(t I . ,,, ,. ' •.• 'J' ' I 1 ' I I• I!, I~• .,\. '•" 1 "'' I'"• 1/ 'jl 9 JO:.••I ,•..,•~••~,l"ffll\•,., ... ,,., (b) These records shall be made available, upon request, for inspection and copying by GEP A, or its representative. Any information marked or clearly labeled proprietary information shall be kept confidential by GEP A and shall not be disclosed to any person, except as otherwise permitted by law. 16 Section 23504.4 Reporting Requirements 17 18 (a) Dealers shall submit., on or before January 15th of each year, annual summary 19 reports of the records required to be kept in Section 23504.3 for the previous year. 20 21 Part E 22 23 Section 23505 24 Section 23505.1 Importers of Tires, Batteries, Heavy Equipments, and White Goods for Resale Payment of Recycling Fees 25 (a) Upon the effective date of this Article, importers shall be responsible for the 26 payment of the recycling fee assessed on all imported refrigerators, water heaters, air 18 e • 1 con9itioners, washers, dryers, and stoves in accordance to fees established in Section 2 23503.1 of this Article. 3 4 5 6 7 8 9 (1) The recycling fee identified in Section 23503.1 shall be paid ,by the Importers to the Guam CQA at any designated CQA location as specified in Section 23503.2 of this Article. 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 ' . (2) (3) (4) (5) Importers must complete a Recycling Fee Payment Form provided by CQA and present to CQA a copy of the Bill of Lading or any applicable shipping documents to verify quantity and type recyclable material imported for , '. r ~ ' resale. The recycling fee shall be made payable by cash, check, or money order to the Treasurer of Guam c/ o Recycling Revolvin•g Fund. Upon receipt of such payment from Importer, and upon verification of documents, and inspections, if necessary, CQA must provide the importer a copy of the Recycling Fee Payment Form stamp "PAID". The Recycling Fee Payment Form issued shall have the information of the quantity and type of recyclable material and the total amount due. Payment must be made at the point of import and prior to release to the importer. 25 (b) As per Section 23503.3, a statement of proof that such "recycling fee" payment has 26 been paid on each item for which a "recycling fee" has been paid by the importer must 27 appear as a separate line item on every sale receipt or invoice issued for such items. The 28 statement on these forms must be substantially equivalent to the following: 29 19 ,.. ,.,. ,., • I . 1 "Recycling Fee Paid per Article 5 of Chapter 51 of 10 GCA" 2 3 Section 23505.2 Registration Requirement 4 5 (a) Within 30 days upon the effective dat~ of this Article, all importers of white goods, 6 batteries, tires, and heavy equipments for the purpose of resale, shall register with GEPA 7 using the GEP A Registration Forms, and shall notify GEP A of any change in address, or 8 responsible official. 9 10 ., ;,1 .,l•t1 •1,,.,,'f,,.,.1 ,,1 ,.J1it,,,~fl•l"1f•1 ,11, I ,·1 ,,,.,.,,,., i· ·'!ff.,/,. , .. ,,.,, ., ' .',J./1~ I 'rt·•,',. ·1 ··1• t•'1,. i, ,. -~~ .,.,, ... (b) Any person who desires to import '\'Vhite goods, batteries, tires, and h~~ry 11 equipments for the purpose of resale shall register with GEP A using the GEP A 12 Registration Forms no later than one month prior to the commencement of the business. 13 14 (c) . GEPA Registration Forms shall include, but is not limited to, the following 15 information: 16 17 (1) The legal name (s), mailing address, business address, contact person's name 18 and position title, cl!ld telephone and fax numbers of the owner and, if applicable, or 19 its duly authorized representative. 20 21 22 23 24 25 26 (2) (3) (4) Tax Identification Number of Business Copy of Guam's Business License Types of recyclable material imported for resale by your company. 20 • 1 , (5) Process of receipt of payment to consumer upon sale of recyclable material. 2 3 . (6) Print and Signature of the businesses' "Responsible Official". 4 5 (d) Upon review of Registration Request and documentations received, GEP A shall, 6 within 30 days, approve and issue a GEPA Registered Recycling Material Importer of the 7 specified recyclable material as stated in registration request. 8 9 Section 23505.3 Recordkeeping Requirements 10 11 (a) 12 13 14, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I'·' Ir', • I ,,, 11 ,.,1 J • 1 ,, Records shall be maintained for at least five (5) years reflecting the following: (1) (2) (3) (4) Quantities and type of recyclable materials imported. Copies of shipment records may be use to satisfy this requirement. Copies of paid receipts from CQA. Quantities and type of recyclable materials exported for distribution to other islands. Copies of shipment records that verify date, type, and quantity exported out of Guam may be used to satisfy this requirement. Quantities and type of recyclable materials exporte.d for remanufacturing. Copies of shipment records for these shipments that verify date, type, and quantity exported may be use to satisfy this requirement. In addition, copies of receipt by company receiving recyclable materials for remanufacturing may be used to satisfy this requirement. 21 1 2 3 4 (5) Quantities of remanufactured recyclable materials imported for resale. Copies of shipment records for these shipments that verify date, type, and quantity imported may be used to satisfy this requirement. 5 (b) These records shall be made available, upon request, for inspection and copying by 6 GEP A, or its representative. Any information marked or clearly labeled proprietary 7 information shall be kept confidential by GEP A and shall not be disclosed to any person, 8 except as otherwise permitted by law. 9 Section 23505.4 Reporting Requirements ' ' '' ,,, ''JI If•,,. .1 .. 'I t'' 't ,,,,I.,,, 10 11 12 13 14 Importers shall submit, on or before January 15th of each year, annual summary reports of the records required to be kept in Section 23505.3 for the previous yecµ-. PartF 15 Section 23506 Recycling Centers 16 Section 23506.1 Acceptance of "recyclable materials" for recycling. 17 Effective 12 months after the implementation of this Article, GEP A certified recycling 18 centers shall accept "recyclable materials" for the purpose of recycling by persons who 19 verifies proof of payment of recycling fee on said recyclable material. 20 Section 23506.2 Requirements for Certified Recycling Centers 21 (a) Recycling centers shall be certified by the Guam EPA. 22 23 (b) Recycling centers shall have GEP A Solid Waste Management Permits issued in 24 accordance to Section 51114 of 10 GCA Chapter 51. GEPA Solid Waste Management 25 Permits applicable to the operations of the Certified Recycling Center, includes, but not 26 limited to, collections and storage permits. 22 • 1 2 (c) Certification shall be effective for a period of five (5) years following the date of 3 approval by GEP A. 4 5 (d) Applicants shall re-certify the recycling center thirty (30) days before expiration of 6 the current certification or the center shall not be eligible for the issuance of GEP A 7 Recycling Vouchers. 8 · · 9 · Sectibn"23'506'.3'' · "''·'··Application for Certi.fication .. ":' 1 ,, . 10 11 (a) Upon the effective date of this Article, all proposed recycling centers must submit 12 an application for certification for each Recycling Center site. Applications for certification 13 shall be prepared on forms provided by GEP A and shall include, but not limited to, the 14 following information: 15 16 (1) All application fo~ must be completed and signed by the responsible official of 17 the recycling center. The application form must include, but is not limited to, 18 the following information: 19 i. The legal name(s), mailing address, street address, contact 20 person's name and position title, and telephone and fax 21 numbers of the owner and, if applicable, its duly authorized 22 representative .. 23 ii. A copy of the Guam business license; 24 iii. The specific type of recyclable material that will be accepted 25 and provided a refund value; 26 iv. Operation Plans of the Recycling Center must include, but 27 not limited to, 28 1. Map identifying location of the recycling center 23 1 2 3 4 5 6 7 8 9 " 10 11 12 13 14 15 16 17 18 19 • 2. Recycling center site layout 3. Method of Incoming load inspection 4. Location and storage of recyclable materials redeemed 5. Good House Keeping Practices 6. Recordkeeping and reporting 7. Method of issuance of GEPA Recycling Vouchers and implementation plans for approval. 8. Packaging, transport, and delivery to recycling centers for processing and shipment. ' • • 1 '' ~ "! ' l 1'' \ " · I '' • ' l f • ' I l •• 'I / r, , f , I' 9. Other applicable scope of services provided ,· ,., ,.,. ,. 10. Other information the Administrator of GEP A determines to be appropriate. (b) GEP A Administrator shall approve or deny application request, if the applicatio1:1 and supporting information clearly shows that the issuance, thereof, does not pose a threat to the environment, public health or welfare, or compliance with the implementation of this Article. 20 (c) The GEPA issued certification is neither transferable nor assignable to any other 21 person, company, recycling center, or location. 22 23 (d) Applicants shall submit new applications to GEPA if: 24 25 26 27 28 29 i. The location of a recycling center changes ii. The operator, owner, or responsible official changes; or iii. Changes occur in operations of a redemption center iv. Request must be submitted in forms established by GEPA and must be signed by a responsible person. 24 • 1 (e) New applications shall be approved by GEP A before the recycling ce:r;iter changes 2 its operations or the applicant shall not be e,igible for refund val,ue. 3 4 (f) Applicants shall notjfy GEP A thirty (30) days prior to voluntary termination of I ' 5 certified recycling center activities. 6 7 (g) The certificate shall be kept on file at the recycling center site. 8 9 (h) The certificate is property of GEP A and shall be returned to the deparbnent upon 10 11 decertification, revocation, invalidation, expiration of certification, or voluntary ~',' ... ,•,, ,,'·1t1·••1t•,-i<1rt-,11,.J/l,l,-,,1-f1,-f'l1••l-,11,·1 r't •'1•,,,1,, I •'!hf,/,.,•,,~,"' .1,i.11?\ .,, .• ,,,,.,. ·ri /,'1,. '•~· «\~ ... , .... ·,,,, termination. · 12 Section 23506.4 13 Posting of Certification 14 (a) Copies of GEP A Certification of Recycling Centers shall be prominently displayed 15 where costumers approaching the center can view it. 16 17 (b) A certification sign shall not be displayed ~t a recycling center that is not certified 18 by GEPA. 19 20 Section 23506.5 Uncertified Recycling Activities 21 (a) Uncertified recycling centers shall not be eligible to issue GEP A Recycling Refund 22 Vouchers. 23 24 (b) GEP A Recycling Refund Vouchers received by uncertified recycling centers shall 25 pay all issued GEPA Recycling Refund Voucher issued by the recycling center during the 26 period of non-certifications. 25 • 1 Section 23506.6 Load Inspection Requirements 2 3 (a) Recycling Centers staff shall visually inspect each load of recyclable materials for 4 which is to be accepted by the recycling center. All inspections shall be recorded in an 5 incoming log sheet with the following information: 6 . 7 (1) Date and Time of incoming load. 8 9 (2) Vehicle license no. and license no. of the operator of the vehicle 10 I•' I,•' 'J I'' If '• 11 t •J', 11 (3) Type and Quantity of recyclable material being returned for refund. 12 13 (4) Name and signature of person inspecting load. Section 23506.7 Issuance of GEPA Recycling Refund Vouchers 14 15 16 17 (a) Upon GEPA certification, Recycling Centers will be issued official GEPA Recycling 18 19 Refund Vouchers which should include, but is not limited to, the following: 20 (1) Voucher Number 21 22 (2) Blank area for the Name and mailing address of the person who returned the 23 24 25 "recyclable material" to the certified recycling center, to whom the refund will be paid. 26 (3) Name of Certified Recycling Center 27 26 • ' 1 (4) Location of Certified Recycling Center 2 3 4 5 6 7 8 (5) (6) (7) GEP A Certification Number . Blank area for the date upon w}:tlch a recyclable material was received, Blank are to specify quantity and type of recyclable material received, and 9 (8) Blank area for the name and signature of the responsible official, or his ':o1 ""11tt ,,,,, 1i11 rl '", ..,, ,'l•lt,,~,•~ 1 , 11 , 1 i, 1 ,1 ·~ ,, 1 , 1 .. ,""' ,I ,. ,, ... , ,, 1 J.fi) I , . . ' 10 designee of the Recycling Ce;nte; is~u~g dEPA·R~cyclhlg 1'R~furld Vo1.i'cher~ •'• ...... ,,,,,,!", · 11 12 (b) Certified Recycling Centers shall issue a GEP A Recycling Refund Voucher to 13 persons, businesses, or his authorized representative, who delivers the following to the 14 Certified Recycling Center: . 15 16 17 18 19 20 21 22 23 24 25 26 (1) (2) (3) The recyclable material for which is to be recycled, Copy of receipt, Motor Vehicle Registration, or any other applicable documen't:, which provides proof of payment of recycling fee as describe in this Article. Proper picture identification, at a minimum, a valid Guam Drivers License, Government of Guam Identification issued by the Guam Police Department, or a valid passport. For a business, authorization from the business owner or responsible official, shall also be provided. 27 • ' 1 (c) • GEPA Recycling Refund Voucher shall not be issued unless an official receipt of the 2 payment of "recycling fee" is presented for the specific recyclable material. 3 4 Section 23506.8 Transport of "recyclable materials" to Recycling Ce~ters for Export 5 6 7 (a) Final dispositions of collected and process recyclable materials shall be at any GEPA Solid Waste Management Storage or Processing Permitted Facility, or off-island to a 8 recycling company. Recycling Centers shall provide documentation as to the final 9 disposition of recyclable material collected from recycling centers. 10 • I 1'' lj '''1 / •!', ! , 1, 11 (b) Recycling centers who transport recyclable materials. to recycling facilities or for 12 shipment shall do so in accordance with the GEPA Solid Waste Management Permit for 13 Collection, or may contract a GEP A Solid Waste Management Facility permitted for 14 collection. 15. 16 (c) All transport of "recyclable materials" outside of the Recycling Center or for 17 18 19 20 21 22 23 24 25 26 27 28 shipment, shall record the date, time, recyclable material type and quantity being removed from recycling center. Record of receipt of recyclable material by Recycling Facility must be signed by a responsible official, or his or her designee. Trip Tickets may be used to satisfy this requirement if the information specified are recorded. Section 23506.9 Recordkeeping Requirements (a) Records shall be maintained for at least three (3) years reflecting the following:· (1) Log sheets of incoming recyclable materials received by the recycling company to include the information required in Section 23506.6 of this Article. 28 . . 1 2 3 4 5 6 7 8 9 " 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • ' (2) Records of GEP A Recycling Refund Vouchers issued by the certified recycling center. Copies of issued vo,uchers may satisfy this requirement. (3) Quantities of recyclable material, weight, and type . of recyclable materials transported o~t of the certified recycling center to a GEP A permitted. recycling facility or transported for shipment to recycling companies. Copies of trip tickets, shipment records, and receipt records from the GEP A permitted facility or off-island recycling .. ., ~ .... ., ..... ., .... "" , .. ~AfnP,c;µ}Y, q.f.f#l~ ~is;po~.i.~C>J:, .~~~ ~-~rify ~a.~, -~~, ~d quru:1tity may , ' I • ' . JI I l lj, ' 1 1 ,..,.., ~-• ~ • ' - ft!! \•,./• 11 ,, be used to satisfy this requirement. (b) These records shall be made available, upon request, for inspection and copying by GEPA, or its representative. Any information marked or clearly labeled proprietary information shall be kept confidential by GEP A and shall not be disclosed to any person, except as otherwise permitted by law. Section 23506.10 Reporting Requirements On a monthly basis, recycling centers .shall submit monthly summary reports to GEP A ' ' using report forms prescribed by the Agency. Report information shall include, but not be limited to, the following: (1) The quantity or weight of each type of recyclable material accepted at the recycling facility for the previous month. 29 ' 1 2 3 4 5 6 7 8 (2) A summary of GEP A Recycling Refund Vouchers issued to include, voucher numbers, date of issuance, name and mailing address of persons issued the voucher, and the quantity and type of material voucher is issued for. 9 I (3) A summary of the quantity or weight of each recyclable material type transported out of the recycling center and received by a GEP A Permitted Recycling Facility; or exported to a recycling company. PartG f'' JI•' Section 23507 Refunds 'I ! ' ' 'I 0 ''1 ! •l', 10 Section 23507.1 Refund Values 11 12 (a) Within six (6) months upon the effective date of this Article, and, at least, yearly 13 thereafter, the Guam EPA Administrator shall establish the refund value for each 14 "recyclable material" returned to a certified recycling center. 15 16 (b) The Administrator of GEPA or ·his designated agent shall cause to publish the 17 established refund value for the period of October 1 - September 30 of the applicable year. 18 Section 23507.2 Payment of Refund Values 19 20 21 (a) Payments of refunds shall be available 12 months after the effective date of these regulations. 22 (b) Application for Refunds must be submitted to GEPA along with application forms 23 established by GEPA, and a valid "GEPA Recycling Refund Voucher". Applications shall 24 include, but is not limited to, the name of applicant, contact no. of applicant, mailing 25 address to where the refund will be sent, and signature of applicant. 30 ,· ,,,· ...... ' ' 1 (c) Any persons who presents a valid "GEPA Recycling Refund Voucher" to the 2 3 4 5 6 7 Administrator of GEPA, or his designated agent, and completes the application for payment, shall receive a refund as determined by the Administrator upon verification that I the voucher was issued by a certified recycling center. PartH 8 Section 23508 Recycling Facilities · 9· · Sectidn 13508~'1 ··· · "'· '·Fer'mi,t, RequiremeJtts .. 10 (a) All recycling facilities receiving "recyclable materials1 from recycling centers shall 11 have GEP A Solid Waste Management Permits issued in accordance to Section 51114 of 10 12 GCA Chapter 51. GEPA Solid Waste Management Permits applicable to the operations of 13 the Recycling Facility, includes, but not limited to, collections, storage, and processing 14 permits. 15 16 Section 23508.2 Load Inspections Requirements 17 18 (a) Recycling Centers staff shall visually inspect each load of recyclable materials for 19 which is to be accepted by the recycling center. All inspections shall be recorded in an 20 incoming log sheet with the following information: 21 22 23 24 25 26 (1) (2) (3) Date and Time of i,ncoming load Vehicle license no. and license no. of the operator of the vehicle Type and Quantity of recyclable material being returned for refund. 31 ' 1 2 (4) Name and signature of person inspecting load. 3 Section 23508.3 4 Recordkeeping Requirements 5 (a) Records shall be maintained for at least three (3) years reflecting the following: 6 7 8 9 10 11 12 13 14, 15 16 17 18 19 20 21 (1) (2) (3) Log sheets of incommg recyclable materials received by the recycling facility from a certified recycling center to include the information required in Section 23508.2 of this Article. j •·' I r ~ I •1• Quantities of recyclable material, by weight, and type of recyclable materials received by certified recycling center. Quantities of recyclable material, by weight, and type of recyclable material, transported to a GEP A permitted recycling facility or transported for shipment to recycling companies. Copies of trip tickets, shipment records, and receipt records from the GEP A permitted facility or off.island recycling company of final disposition, that verify date, type, and quantity may be. used to satisfy this requirement. 22 (b) These records shall be made available, upon request, for inspection and copying by 23 GEP A, or its representative. Any information marked or clearly labeled proprietary 24 information shall be kept confidential by GEP A and shall not be disclosed to any person, 25 except as otherwise permitted by law. 26 27 Section 23508.4 Reporting Requirements 28 32 • ' 1 (a) On a monthly basis, recycling facilities shall submit monthly summary reports to 2 GEP A using report forms prescribed by the GEP A. Report information shall include, but 3 not be limited to, the following: I , 4 (1) A summary of the quantity or weight of each type of recyclable material 5 accepted at the recycling facility for the previous month from certified recycling 6 centers. 7 8 (2) A summary of the quantity or weight of each recyclable material type ',9 .. 10 11 12 . --- .,, itansporl~.<i.P.~t,P.f .~r.~e.~9~g fa~ili~. and .r~~ 1 eived by a GEPA Permitted ' ' ' j ' /i' \• ' ,. ' , I ' 1' l ,' I ~ 1, ~ ' ,,\ ~ ' • • I ,, ' • I '' ' ' ' 'I ' 1f I Recycling Facility; or exported to a,recycling company. 33 : GUAM ENVIRONMENTAL PROTECTION AGENCY AHENSIAN PRUTEKSION LINA'LA GUAHAN P.O. Box 22439 GMF • BARRIGADA, GUAM 96921 • TEL: 475-1658/9 • FAX: 477-9402 GUAM'S SOLID WASTE DISPOSAL RULES AND REGULATIONS (Renumbering of Regulations) AMENDED BY GUAM EPA BOARD OF DIRECTORS Amendment Date: EXHIBITB John M. U. Jocson Board Chairman Attested To: Margaret P. Aguilar Board Secretary EFFECTIVE DA TE: 'I >'' 'I '•'I I ,,, ... .. §23101.1. §23101.2. §23101.3. §23101.4. §23102.1. §23102.2. §23102.3. §23102.4. §23102.5. ff\ RULES AND REGULATIONS FOR THE ' GUAM ENVIRONMENTAL PR'OTECTION AGENCY (GEPA) SOLID WASTE DISPOSAL Title 22 Divis~on 4 Chapter23 Article 1 Solid Waste Management 1 ,1,111' \ '/f'', General Provisions Section 23101 - General Regulations Purpose, scope, and applicability. Definitions; Consideration of other federal laws. Solid waste management permit sy~tem. PartB Solid Waste Management Facilities Section 23102 - Locations Restrictions Airport Safety. Flood plains. Wetlands. Fault areas. Seismic impact zones. ,. . ' ' .. Unstable areas. §23102.6. §23102.7. Closure of existing municipal solid waste landfill units. §23103.1. §23103.2. §23103.3. §23103.4. §23103.5. Section 23103 - Operating criteria Solid wastes accepted. Solid wastes excluded. Procedures for excluding receipt of hazardous waste. Cover material requirements. Disease vector control. §23103 .6. Explosive gases control. §23103. 7. Air Criteria. §23103.8. Access requirements. §23103.9. Run-on/run-off control systems. §23103.10. Surface water requirements. §23103.11. Liquid restrictions. §23103 .12. Recordkeeping requirements. §23103.13. Safety. Section 23104 - Design criteria Design criteria for municipal solid waste landfill. 'I , •' 'I '•'l t 1,, §23104.1. §23104.2. §23104.3. Design criteria for solid waste disposal facilities other than MSWLFs. Table of maximum contaminant levels (MCL) for constituents at the relevant point of compliance. §23105.1. §23105.2. §23105.3. §23105.4. §23105.5. §23105.6. §23105.8. §23105.9. §23106.1. §23106.2. §23107.1. §23107.2. §23107.3. §23107.4. §23107.5. • • Section 23105 - Ground-water monitoring and corrective action Applicability. Ground-water monitoring systems. (Reserved). Ground-water sampling and analysis requirements. Detection monitoring program. Assessment monitoring program. Selection of remedy. Implementation of the corrective action program. Section 23106 - Closure and post-closure care Closure criteria. Post-closure care requirements. Section 23107 - Financial assurance criteria Appltcability and effective date. Financial assurance for closure. Financial assurance for post-closure care. Financial assurance for corrective action. Allowable mechanisms. Addendum A Schedule of permit fees for all other solid waste management facilities. ... . . • Addendum B Duration of pennit fees for all other solid waste management facilities. Addendum C Administrative penalties. Appendix I Constituents for detection monitoring. ' ' Appendix Il List for hazardous and organic constituents. ''I jl I j,• I• I I 1·' 1 1 • •1 I 1,, I MINA' BENfl OCHO NA LIHESLAfivRAN GUAHAN 2005 (FIRST) Regular Session , VOTING SHEET c; Bill No. \ 0 ~ ( ~ c \ Resolution No. Question: NAME AGUON, Frank 8., Jr. BROWN, Joanne M.S. CALVO, Edward J.B. CRUZ, Benjamin J.F, CRUZ, Michael (Dr.) FORBES, Mark KASPERBAUER, Lawrence F. KLITZKIE, Robert LEON GUERRERO, Lourdes A. LUJAN, Jesse A. PALACIOS, Adolpho 8. RESPICIO, Rory J. TENORIO, Rav UNPINGCO, Antonio R. WON PAT, Judith T. TOTAL ~RTIFIED ;J"RUE AND CORRECT: l \ n i .. c1 L \ 1~\1JvL/ \ 'l4 \ ~t y Clerk bf the Legislature . ! J ' ,/ YEAS / !! ii V ' V , V // I V v/ 1,/ I/ \/ lQ NOT OUT NAYS VOTING£ DURING ABSEr ABSTAINED ROLL CALL ,. V V V 6' i V Jj \ * 3 Passes= No vote EA = Excused Absence