Definitions

As used in this Article, and except as otherwise provided, the following words and phrases shall mean:

(a)“Administrator” shall mean the Administrator of the Guam Environmental Protection Agency, or his designee.

(b)“Beneficial Use” shall mean the substitution of materials, either as generated or following additional processing, for some or all of the virgin materials in a natural or commercial product in a CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL way that provides a functional benefit; meets product specifications; and does not pose concerns to human health or the environment.

(c)“Best Available Technology” shall mean a recognized and approved technology by the United States Environmental Protection Agency.

(d)“Board” shall mean the Board of Directors of the Guam Environmental Protection Agency.

(e)“Compost” or “Composting” shall mean a mixture, consisting primarily of decayed organic matter and is used for fertilizing and conditioning land or to converting a material, such as plant debris, to compost.

(f)“DPW” shall mean the Department of Public Works.

(g)“Director” shall mean the Director of the Department of Public Works.

(h)“Disaster Debris” shall mean any items and materials broken, destroyed, or displaced by a natural or man-made federally or locally declared disaster. Examples of disaster debris include, but are not limited to, trees, construction and demolition material, and personal property.

(i)“Disaster Debris Management” shall mean the removal and disposal of debris that was generated by a disaster and which presents an immediate threat to the public interest.

(j)“Electronic Waste” or “E-Waste” shall mean electrical and electronic equipment that is dependent on electric currents or electromagnetic fields to function (including all components, subassemblies and consumables, which are part of the original equipment at the time of discarding). E-waste may include, but is not limited to, consumer electronics, entertainment devices, televisions, DVD players and tuners, office devices, information and communications technology, computers, circuit boards, telephones, and mobile phones.

(k)“Enameled White Goods” shall mean appliances for home or commercial use, including, but not limited to, refrigerators, water heaters, air conditioners, washers, dryers, and stoves.

(l)“Extended User Responsibility” shall mean policies or practices that place a shared responsibility for end-of-life product management on producers and other entities involved in the product chain.

(m)“GEPA” or “Guam EPA” shall mean the Guam Environmental Protection Agency.

(n)“Gross Vehicle Weight” or “Gross Vehicle Weight Rating” means the value specified by the manufacturer as the loaded weight of a single vehicle.

(o)“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.

(p)“Junk Vehicle” means a motor vehicle that is abandoned by being placed, dumped, discarded, or disposed of on public or private property without approval by the owners of said property, and that is incapable of being operated on public streets, roads, and highways.

(q)“Motor Vehicle” or “Motorized Vehicle” shall mean automobiles, automobile trucks, automobile wagons, buses, trucks, motorcycles, or other self-propelled wheeled conveyances that are primarily for use on Guam’s public streets, roads, and highways that are required to be registered with the Motor Vehicles Division, Department of Revenue and Taxation, Government of Guam.

(r)“Municipal Solid Waste” is a subset of solid waste and is defined as durable goods (e.g., appliances, batteries, tires), nondurable goods (e.g., newspapers, books, magazines), containers and CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL packaging, food wastes, yard trimmings, and miscellaneous organic wastes from residential, commercial, and industrial non-process sources.

(s)“Person” or “Persons” shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, 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 recycling, composting, or mulching. This term does not include incineration of those materials generated and normally reused on-site for manufacturing purposes.

(u)“Recyclable Materials” means materials which still have useful physical or chemical properties after serving a specific purpose for the same or other purpose. Recyclable materials are as follows:

(1)batteries (i.e., lead-acid, portable computer batteries, nickel-cadmium, sealed types for power backup);

(2)automobiles, buses, and trucks or any motor 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);

(10)organic material (i.e., tree trimmings, palm fronds, grass, food waste, soiled cardboard);

(11)paper products;

(12)wood pallets and 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, and portable phones);

(18)heavy equipment;

(19)abandoned derelict vessels; and

(20)other recyclable materials deemed recyclable by Guam EPA pursuant to its rules and regulations.

(v)“Recycle or Recycling” means a method by which recovered resources are converted for use as raw materials or feedstock to make new products, as defined in § 51102(ii) of Chapter 51 of Title CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

(w)“Recycling Company” shall mean any business licensed by the Department of Revenue and Taxation, and permitted, as required in § 51104 of Chapter 51 of Title 10 GCA, by the Guam Environmental Protection Agency to conduct business on Guam.

(x)“Recycling Facility” shall mean all contiguous land, structures, and other appurtenances, and improvements on land used for the collection, separation, recovery, and sale or reuse of recovered resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of post-consumer material.

(y)“Recycling Fee” shall mean an annual fee levied upon the registered owner of a motor vehicle to assist in the recycling and disposal of motor vehicles and other recyclable materials in accordance with this Article.

(z)“Recycling Industry Economic Stimulus Program” shall mean a program that provides economic stimulus to local recycling companies that ship recyclable materials off-island.

(aa)“Reuse” shall mean to use again, including in a different way or after reclaiming or reprocessing.

(bb)“Solid Waste Management Facility” means any facility, or any machinery, equipment, vehicles, structures, or any part of accessories thereof installed or acquired for the primary purpose of collection, transportation, storage, recycling, processing or disposal of solid waste, and shall include sanitary landfills or resource recovery facilities.

(cc)“Stimulus Certification Form” shall mean a form officially issued by Guam EPA to be completed by an eligible recycling facility to disclose and certify the types and quantities of recyclable materials shipped off-island to a recycling facility.

(dd)“Sustainable Materials Management” means a systemic approach to using and reusing materials more productively over their entire lifecycles.

(ee)“Upcycle” or “Upcycling” shall mean to recycle material in such a way that the resulting product is of a higher value than the component materials.

(ff)“Zero Waste” means a holistic approach to addressing the problem of unsustainable resource flows. Zero Waste encompasses waste eliminated at the source through product design and producer responsibility, and waste reduction strategies further down the supply chain such as recycling, upcycling, reuse and composting.