Definitions

As used in this Chapter, unless otherwise indicated:

(a)“Authority” means the Guam Solid Waste Authority (GSWA).

(b)“General Manager (GM)” means the General Manager of GSWA.

(c)“Best public interest” means any activity which: lessens the demand for landfill sites, conserves land resources and serves to insure proper, cost effective, and environmentally sound disposal of solid waste; and, does not pose health risks to human life or endanger plant and animal life.

(d)“Board” means the Board of Directors of the Guam Solid Waste Authority (GSWA).

(e)“Business” means and includes any activity or conduct, whether proprietary, partnerships, corporate or whatever form, engaged in, or caused to be engaged in, with the object of gain or economic benefit, either direct or indirect, but shall not include casual sales, personal service contracts, fundraising activities by political candidates, or the activities of non-profit associations.

(f)“Collection” or “Collect” means the removal of solid waste from a generator.

(g)“Collector” means any individual, governmental organization or business, which has received a permit to collect and transport waste in accordance with applicable laws and regulations.

(h)“Combustion” means to thermally break down certain types of solid waste in an enclosed device using controlled temperatures.

(i)“Composting” means the controlled degradation of organic solid waste.

(j)“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground water.

(k)“Dump” means a land site where solid waste is disposed without a valid permit, or a landfill that has historically been in regulatory noncompliance.

(l)“Duplex” means a residential building containing two

(2)separate dwelling units either side by side or one above the other.

(m)“Dwelling” means a building or portion thereof designed exclusively for residential occupancy by one

(1)family for living and sleeping purposes, and not to exceed two

(2)dwelling units.

(n)“Dwelling unit” means one

(1)or more rooms and a single kitchen in a dwelling, designed as a unit for occupancy by one

(1)family for living and sleeping purposes.

(o)“Financial assurance” means 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 postclosure at a solid waste landfill facility, for corrective action and to compensate third parties for bodily CH. 51A GUAM SOLID WASTE AUTHORITY injury and property damage caused by sudden and non-sudden accidents related to the operation of a solid waste landfill facility.

(p)“Generator” means any person that generates or produces solid waste.

(q)“Government” means the government of Guam, all of its agencies, whether line or autonomous, and all public corporations.

(r)“Hardfill” means a method of compaction and earth cover of solid wastes other than those containing garbage or other putrescible (putrescent) waste, including, but not limited to, demolition material, and like materials not constituting a health or nuisance hazard, where cover need not be applied on a per day used basis. No combustible materials shall be deposited in a hardfill.

(s)“Combustible Materials” means any solid or liquid that may be ignited.

(t)“Combustible Solids” is defined in Title 49 of the Code of Federal Regulations, Chapter 1, Subtitle B, Part 173.124, and are those solids capable of igniting and burning.

(u)“Combustible Liquids” is defined in Title 29 of the Code of Federal Regulations, Chapter 17, Subtitle B, Part 1910.106, and shall mean any materials having a flash point at or above 100 degrees Fahrenheit (37.8 degrees Celsius), but below 200 degrees Fahrenheit (93.3 degrees Celsius), except any mixture having components with flashpoints of 200 degrees Fahrenheit (93.3 degrees Celsius), or higher, the total volume of which make up ninety-nine percent (99%) or more of the total volume of the mixture.

(v)“Hazardous Waste” means any material or substance which, by reason of its composition or characteristics:

(1)“hazardous waste” is defined in the Solid Waste Disposal Act, 42 USC § 6901, et seq., as amended, replaced or superseded and the regulations implementing same;

(2)a “hazardous substance” is defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC § 9601, et seq.;

(3)hazardous material, the disposal of which is regulated by the Toxic Substances Control Act, 15 USC § 2601, et seq., as amended, replaced or superseded, and the regulations implementing same;

(4)special nuclear or by-products material within the meaning of the Atomic Energy Act of 1954;

(5)pathological, infectious or biological waste;

(6)treated as hazardous waste or as a hazardous substance under applicable law;

(7)requires a hazardous waste or similar permit for its storage, treatment, incineration of disposal;

(8)may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(9)may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise damaged.

(w)“Highway” means the entire width between the boundary lines of every right-of-way or publicly maintained travel ways when any part thereof is open to the use of the public for purposes of vehicular travel. CH. 51A GUAM SOLID WASTE AUTHORITY

(x)“Incinerator” means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down solid waste.

(y)“Multi-family dwelling” means a building containing three

(3)or more dwellings.

(z)“Operator” means any person who accepts solid waste from a collector for transfer, storage, recycling, combustion, processing or disposal.

(aa)“Performance bond” means a security for financial loss caused by the act or default performance of a person or by uncontrollable conditions.

(bb)“Person” means 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.

(cc)“Plan” means the interim or final Solid Waste Management Plan

(SWMP)prepared and adopted by the GEPA in accordance with the Administrative Adjudication Law.

(dd)“Plasma torch heating technology” means converting electrical energy into heat energy producing clean fuel gas and recyclable slag.

(ee)“Plasma Remediation In-Situ Materials (PRISM)” means a plasma torch technology process that melts down and converts landfill material into slag and fuel gas.

(ff)“Pollution” means the condition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life.

(gg)“Processing” means any method, system or other treatment designed to change the physical, chemical or biological character or composition of any solid waste. This includes the neutralization of any hazardous waste; the rendering of any hazardous waste non-hazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume; or any other activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it non-hazardous.

(hh)“Recyclable materials” includes the following materials discarded from households, businesses, commercial and industrial establishments, hotels, and government, agricultural, landscaping, yard maintenance and military operations which may be reused, or for which a market exists:

(1)“aluminum” means any product manufactured of aluminum or aluminum alloy;

(2)“battery” means any lead acid battery or dry cell battery discarded on Guam, independent of intended use;

(3)“biomass” means any large biomass source, such as trees, wood, grass, hedge cuttings, jungle growth, yard waste and sewage sludge;

(4)“construction debris” means the materials from building construction;

(5)“corrugated cardboard” means kraft, jute or test liner pulp which is made by combining two

(2)or more webs of paper and formed or shaped into wrinkles or folds or into alternate ridges and grooves;

(6)“demolition waste” means the materials obtained from the demolishment or razing of buildings; CH. 51A GUAM SOLID WASTE AUTHORITY

(7)“glass” means any product manufactured from a mixture of silicates, borates or phosphates;

(8)“metal scrap” means any metal, in whole or in parts, from buildings, equipment, machinery or vehicles;

(9)“newspaper” means a publication which is distributed and contains news articles, opinions, features, and advertising and is printed on impermanent wood pulp materials;

(10)“office paper” means computer paper and white and colored ledger paper;

(11)“used oil” means any petroleum-based, mineral, or synthetic oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties; and

(12)such other materials which the Authority determines, from time to time, may be recycled.

(ii)“Recycle” or “Recycling” means the method by which recovered resources are converted for use as raw material or feedstock to make new products.

(jj)“Resource recovery” means the process of recovering recyclable materials or the recovery of energy from solid waste.

(kk)“Resource Recovery Facility (RRF)” is a facility that recovers for sale or reuse of recyclable materials.

(ll)“Reusing” means the reintroduction of a commodity in the economic stream without any changes.

(mm)“Sanitary landfill” means an approved site where solid waste and ash are disposed using modern sanitary landfilling techniques in accordance with Federal and local regulations.

(nn)“Sanitary landfilling” means an engineered method of disposing of solid waste on land in accordance with Federal and local laws and regulations in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with approved material at the end of each working day.

(oo)“Separation” means the systematic division of solid waste into designated components.

(pp)“Single Family Residence” means a detached building designed for and/or occupied exclusively by one

(1)family, or one

(1)of two

(2)dwelling units on a duplex.

(qq)“Solid waste” means any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded and/or spilled materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, mining, commercial, and agriculture operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under 402 of the Federal Water Pollution Control Act, as amended (68 Stat. 880), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

(rr)“Solid waste management” means the purposeful, systematic control of the generation, storage, collection, transportation, separation, processing and disposal of solid waste.

(ss)“Solid waste management facilities” means any facility, or any machinery, equipment, vehicles, structures or any part of accessories thereof installed or acquired for the primary purpose of CH. 51A GUAM SOLID WASTE AUTHORITY collection, transportation, storage, recycling, processing or disposal of solid waste, and shall include sanitary landfills, resource recovery facilities, or plasma torch.

(tt)“Solid Waste Management Plan” means a comprehensive plan and all amendments and revisions thereto for provisions of solid waste management throughout Guam.

(uu)“Solid waste management practices” means the actions to effectuate the generation, storage, collection, transportation, processing, recycling, plasma torch or resource recovery or disposal of solid waste.

(vv)“Solid Waste Management System (SWMS)” means the entire system covered in the SWMP and designated by the Director for the storage, collection, generation, transportation, processing, recycling, plasma torch and disposal of solid waste within Guam.

(ww)“Source separated waste” means recyclable materials that are set aside by the generator for segregated collection and transport to solid waste management facilities.

(xx)“Storage” means the interim containment of solid waste in accordance with Federal and local regulations.

(yy)“Transfer station” means any intermediate waste facility in which solid waste collected from any source is temporarily deposited and stored while awaiting transportation to another solid waste management facility.