(1) Violate any provision of this Chapter or any rule, regulation, standard, or order issued pursuant to this Chapter;

(2) Own, operate or use a dump for the disposal of hazardous waste;

(3) Place, or allow to be placed, any hazardous waste upon the highways, public or private property contrary to the provisions of this Chapter;

(4) Manage hazardous waste facilities without a permit issued pursuant to this Chapter;

(5) Store, collect, transport, process or dispose of hazardous waste in such a manner as to degrade the environment, create a public nuisance, create a health or safety hazard as determined by the Director of the Department of Public Health and Social Services or the Administrator or violate any provision of this Chapter;

(6) Knowingly make any false statement or representation in any hazardous waste application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of compliance with the provisions of this Chapter.

(7) Improperly manage or operate a hazardous waste management facility.

(8) open burn hazardous waste.

(9) use open detonation (OD) to treat hazardous waste, with the exception of World War II unexploded ordnances (WWII UXO), until such time that Guam is equipped with a safe alternative. OD facilities must evaluate and re-evaluate whether safe alternative technologies exist to treat such explosives. Where safe alternatives exist, facilities must implement those alternatives that provides the most protection of human health and the environment in lieu of

COL 7/27/2023

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

OD within a timeline pursuant to regulations promulgated by Guam EPA. Guam EPA shall require a permit for the OD of WWII UXO and shall develop permitting rules and regulations promulgated through the Administrative Adjudication Law found in Chapter 9 of Title 5, Guam Code Ann..

(b) Each day of continued violation of this section or the provisions of this Chapter or rules and regulations authorized herein shall be deemed a separate offense or violation.

SOURCE: Subsection (a)(7) added by P.L. 24-139:8 (Feb. 21, 1998). Subsections (a)(8) and (9) added by P.L. 36-138:2 (Dec. 28, 2022), effective 60 days after enactment pursuant to P.L. 36-138:4. Subsection (a)(8) amended by P.L. 37-001:1 (Feb. 22, 2023).

2023 NOTE: Pursuant to P.L. 36-138:3 (Dec. 28, 2022), the Guam Environmental Protection Agency shall promulgate rules and regulations no later than 60 days after enactment.

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.