Solid Waste Laws

About the Solid Waste Management and Litter Control Act

Chapter 51 Guam Code Annotated

Requires GovGuam to create a Solid Waste Management Plan and DPW to implement the Plan as regulated by Guam EPA.
The Act gives Guam EPA authority to regulate the transportation, processing, storage, treatment and disposal of hazardous waste.
Outlines the difference between hazardous waste and solid waste by referencing federal law
Gives GovGuam the ability to enter into contracts with private entities to fullfil mandates of the Solid Waste Management Plan.
Requires that every permit application will include proof of financial assurance to ensure there are resources available to handle a potential cleanup if needed.
Outlines how to issue a permit for any solid waste activity and requires Guam EPA to publish notice of intent to issue the permit.
Gives the Administrator the authority to suspend, revoke, condition, modify or terminate any permit issued by the Agency.
Authorizes the Agency to enter private or public property to inspect or investigate conditions relating to solid or hazardous waste. The law also makes it a misdemeanor for anyone to interfere with inspections.
Makes it illegal to place solid waste upon the highways or on public or private property.
Requires anyone hauling solid waste in a vehicle to properly secure the waste from falling onto the road.
Makes burning trash, except in a facility approved by the Administrator, illegal.
Sets a cap for solid waste criminal and civil penalties at $1,000 per day for each violation for no longer than a year.
Sets a baseline for hazardous waste criminal and civil penalties at no less than $10,000 per day for each violation.
The law sets a structure for citizens to file suits regarding solid waste issues.
Creates the Solid Waste Management Fund to pay for the administration and implementation of this law.
Outlines the litter citation program including the fact that citations can be issued by designated individuals from the Department of Parks and Recreation, the Department of Agriculture, Guam EPA, the Department of Public Health and Social Services, the Department of Public Works, all village mayors and assistant mayors and Guam Police Department officers.
States that any person who witnesses the throwing of trash from a vechile or water craft, can report the date, time and location of the littering and license registration number to officers. The registration number is considered “prima facie” evidence that the littering was being done by the person who has the registration for the vehicle.