Powers and Duties of the Agency and the Department

(a)The Agency shall have the authority under this Act and other laws of Guam, pursuant to the Administrative Adjudication Law, to:

(1)prepare and adopt in accordance with the Administrative Adjudication Law an interim Solid Waste Management Plan, consistent with the provisions of this Act, within one hundred eighty

(180)days of the effective date of this Act;

(2)prepare and adopt in accordance with the Administrative Adjudication Law a final Solid Waste Management Plan, consistent with the provisions of this Act, within three hundred

(300)days of the effective date of this Act. The Plan shall be revised at least every five

(5)years, or sooner as needed;

(3)administer Guam’s Solid Waste Management Program pursuant to provisions of this Chapter;

(4)prepare, adopt, promulgate, modify, update, and repeal rules and regulations in cooperation with appropriate government agencies, industries and private parties, for the collection, transportation, storage and disposal of hazardous waste;

(5)prepare, adopt, promulgate, modify, update, repeal, and enforce rules and regulations setting environmental standards for collection, transportation, separation, processing, recycling, materials and resource recovery, incineration, plasma torch and disposal of solid waste in order to conserve the air, water, and land resources of Guam, protect the public health, prevent environmental pollution and public nuisances, and enable it and the Department to carry out the purposes and provisions of this Chapter and the Plan;

(6)establish the procedures for review and issuance of permits governing the design, operation, closure, and post-closure of solid waste management facilities, which procedures shall be consistent with the procedures used by the United States Environmental Protection Agency in the issuance of similar permits;

(7)enforce compliance with any of its rules and regulations issued pursuant to this Chapter and require the taking of such remedial measures for solid waste management or solid waste management practices as may be necessary or appropriate to implement or effectuate its responsibilities under this Chapter; CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

(8)prepare, adopt, promulgate, modify, update, repeal, and enforce such other rules and regulations as may be necessary to establish a hazardous waste program which meets the requirements of Section 3006 of the Federal Resource Conservation and Recovery Act (42 U.S.C. 6926, et seq.) and regulations promulgated pursuant thereto;

(9)prepare, issue, modify, remove and enforce orders for compliance with any of the provisions of this Chapter or of any rules and regulations issued pursuant thereto and requiring the taking of such remedial measures for solid waste management as may be necessary or appropriate to implement or effectuate the provisions and purposes of this Chapter;

(10)impose and collect penalties against any person for the violation of any of its rules, regulations or compliance orders issued under this Chapter;

(11)require a financial guarantee assuring that funds are available to pay for the design, construction, operation and closure of a solid waste landfill facility, for rendering post-closure at a solid waste landfill facility, for corrective action and to compensate third parties for bodily injury and property damage caused by sudden and non-sudden accidents related to the operation of solid waste landfill facility.

(12)serve as the official government of Guam representative for all purposes of the Federal Solid Waste Disposal Act, (P.L. No. 91-512), or as subsequently amended, and for the purpose of such other local or Federal legislation as has been or may hereafter be enacted to assist in the management of solid waste;

(13)provide technical assistance to local and Federal agencies, and other persons, and cooperate with appropriate local agencies and private organizations in carrying out the duties under this Chapter;

(14)encourage and recommend procedures for private financing to develop, design, construct and operate solid waste management system in accomplishing the desired objectives of this Chapter; and

(15)insure that the interest of existing permitted private entities actively engaged in solid waste management operations are duly and lawfully protected and are not unfairly jeopardized or removed.

(16)determine the applicability, type and sum required for posting a performance bond on solid waste management facilities that are not municipal solid waste landfills.

(b)[Repealed.]

(c)There is established within the Division of Solid Waste of the Department, the Office of Recycling and the position of Recycling Officer who shall head the Office. The Office shall be responsible for the following:

(1)establishing and managing in conjunction with the Plan a promotional program for recycling, composting and the recovery of resources, including recommendations on the size, character, location and ownership of any RRF or composting facility;

(2)evaluating and insuring adequate capacities within the solid waste management system for recycling;

(3)plan, organize, coordinate and pursue the following objectives:

(A)publish and disseminate guidebooks, newsletters and instruction manuals to promote recycling; CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

(B)in conjunction with the Mayors Council of Guam, conduct public outreach activities to promote recycling;

(C)establish a recycling demonstration project in at least six

(6)selected villages throughout Guam, wherein compartmentalized containers will be located and serve as recycling drop-off centers for the community; the Department shall contract for the supply of the containers and their hauling for recycling or other disposal; all revenues generated by the sale of recyclable materials shall be paid to the Mayors and be used by the Mayors to support programs which further encourage recycling; moreover, individual accounts shall be established for each Mayor to record all costs and revenues in order to evidence the commercial feasibility, or lack thereof, of recycling;

(D)develop a recommended program for composting of biomass on government property;

(E)formulate and recommend other recycling demonstration projects and initiatives;

(F)identify economically priced products manufactured of recycled material which are usable by the government in the place of products manufactured of virgin material;

(G)study recycling techniques to determine the most cost-effective manner of collecting, processing, storing, marketing, transporting or reusing recyclable materials;

(H)establish a recycling telephone hotline serving to take inquiries and disseminate information on recycling;

(I)recommend the establishment or revision of administrative or procurement practices which will promote recycling;

(J)determine and report through the Director to I Liheslaturan Guåhan the costs and benefits of establishing a system for source separated waste;

(K)recommend new legislation to facilitate recycling through planning, market research, source separated waste, surcharges, fees, operational subsidies, tax incentives and other similar means;

(L)identify and promote businesses reusing or converting recyclable materials;

(M)advise and assist collectors on efficient techniques for recycling; and

(N)conduct media advertising, public opinion surveys, seminars, workshops and community relations campaigns to promote public awareness of the benefits and methods of recycling.