(a) The Administrator is authorized and directed to issue permits for all collectors, operators and solid waste management facilities, their design, operation, maintenance, substantial alteration, modification or enlargement. All such permits shall be non-transferable and conditioned upon the observance of the laws of Guam and rules, compliance orders or regulations authorized in this Chapter. All such permits shall include provisions to hold the permittee liable during the duration of the permit and twenty-five (25) years after the expiration of the permit for all costs related to health and environmental restoration attributed to the operation of the facility.

(b) Each permit holder shall apply for the renewal of each permit held, upon forms provided by the Agency, not less than sixty (60) days prior to the expiration date of such solid waste

COL 7/27/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

management permit to be renewed, or not less than one hundred eighty (180) days prior to the expiration date of each hazardous waste management permit to be renewed.

(c) Each permit application and each permit renewal application shall be submitted with proof of financial assurance, of a type and in a sum established by the Administrator conditioned on the fulfillment by the permit holder of the requirements of this Chapter and the rules and regulations authorized therein. No financial assurance mechanism required under this Chapter may be canceled by the guarantor unless the Administrator has received written notice thereof and there has been a lapse of one hundred twenty (120) days between receipt of notice and cancellation date.

(d) Before issuing a solid waste management permit to any person with respect to any facility for the processing, storage or disposal of solid waste, the Administrator shall:

(1) Cause to be published in a major local newspaper or newspaper of general circulation, and broadcast over a local radio station or stations, notice of the Agency’s intention to issue such a permit.

(2) If, within forty-five (45) days after publication and broadcast, the Agency receives written notice of opposition to the Agency’s intention to issue such permit and a request for a hearing is made, the Agency shall provide for a hearing in accordance with the Administrative Adjudication Law, if requested by a substantially affected party or an informal public meeting if requested by any other person.

(e) Before issuing a hazardous waste management permit to any person with respect to any facility for the processing, storage or disposal of hazardous waste, the Administrator shall:

(1) cause to be published in a major local newspaper or newspaper of general circulation, and broadcast over a local radio station or stations, notice of the Agency’s intention to issue such a permit; and

(2) if, within forty-five (45) days after publication and broadcast, the Agency receives written notice of opposition

COL 7/27/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

to the Agency’s intention to issue such permit and a request for a hearing is made, the Agency shall provide for a hearing in accordance with the Administrative Adjudication Law, if requested by a substantially affected party or an informal public meeting if requested by any other person.

(f) The Administrator is authorized and directed to suspend, revoke, condition, modify or terminate any permit issued under Subsection (a) of this Section for non-compliance with any of the rules, compliance orders, regulations or permit conditions authorized in this Chapter.

(g) The Administrator shall determine the applicability for requiring a performance bond for permit applications and permit renewal applications for solid waste management facilities that are not landfills. Upon the determination that a performance bond is required, that Administrator will decide the type and sum required to ensure fulfillment by the permit holder of the requirements of this Chapter and the rules and regulations authorized therein.

SOURCE: Repealed and reenacted by P.L. 24-139:5 (Feb. 21, 1998). Repealed and reenacted by P.L. 24-272:1 (Oct. 2, 1998). Subsection (g) added by P.L. 24-309:5 (Dec. 18, 1998).

2011 NOTE: Public Law 24-139 was found to be invalid by the Guam Supreme Court in Pangelinan v. Gutierrez, 2000 Guam 11, thereby voiding the effects to this section by that public law. Public Law 24-272 was found to be invalid by Pangelinan v. Gutierrez, 2004 Guam 16. However, in San Miguel v. DPW, 2008 Guam 3, the Court reversed and found P.L. 24-272 to be valid.