Powers and Duties of the Authority

(a)The Authority shall have and exercise each and all of the following powers:

(1)administer those powers listed under this Chapter 51A, Title 10 of the Guam Code Annotated;

(2)acquire by grant, purchase, gift, devise or lease, or by the exercise of the right of eminent domain in accordance with the provisions and subject to limitations of Title 21 GCA Chapter 15, and hold and use any real or personal property necessary or convenient or useful for the carrying on of any of the powers pursuant to the provisions of this Chapter;

(3)establish its internal organization and management, and adopt regulations for the administration of its operations;

(4)[No text]

(A)establish and modify from time to time, with approval of the Public Utility Commission (PUC), reasonable rates and charges for the collection, transportation, disposal, storage, recycling and processing of solid waste to recover the full cost of providing solid waste management services, and collect money from customers using such services.

(B)Similarly, the Authority shall establish and modify from time to time, with the approval of the Public Utilities Commission, reasonable rate and charges for servicing of debt obtained to undertake capital improvements to solid waste management;

(5)enter into contracts and execute all instruments necessary or convenient in the exercise of its powers, adopt a seal, and sue or be sued in its own corporate name; CH. 51A GUAM SOLID WASTE AUTHORITY

(6)at any time or from time to time, incur indebtedness pursuant to Article 2 of this Chapter;

(7)enter into contracts with the government of Guam or with the United States for loans or grants;

(8)employ, retain or contract for the services of qualified solid waste management specialists or experts, as individuals or as organizations, to provide technical advice and assistance;

(9)adopt such rules and regulations as may be necessary for the exercise of the powers and performance of the duties conferred or imposed upon the Authority or the Board by this Act;

(10)control, operate, improve, equip, maintain, repair, renew, replace, reconstruct, alter and insure that the solid waste management system is compliant with any applicable zoning, building, environmental and health regulations of Guam; and

(11)do any and all other things necessary to the full and convenient exercise of the above powers;

(12)[No text]

(A)enter into public-private partnerships for solid waste management facilities and operations, the closure and beneficial use of the Ordot Landfill site, source reduction, recycling, composting, resource recovery, waste reduction and transfer stations.

(B)This duty shall also address construction debris or demolition waste, metallic debris, white goods, tires and green waste and hazardous waste contracts;

(13)organize, plan for, secure and manage resources and promote the implementation of the Solid Waste Management Plan;

(14)evaluate and promote capital improvements and maintenance programs to the solid waste management system;

(15)address the necessity for a facility for the shredding of tires for recycling or for use as rubberized asphalt;

(16)address the necessity for a facility for the recycling of glass, including its use as glassphalt;

(17)address the necessity for a facility for the recycling of scrap metals, including discarded vehicles, appliances and equipment, e-waste such as T.V. monitors, computers, and televisions, including shredding for containerization or other shipment;

(18)require the preparation of any necessary environmental impact assessments or environmental impact reports, and plans for any mitigation measures;

(19)mandate the inspection and monitoring of all solid waste management facilities to ensure compliance with this Act, the Plan, other law, rules and regulations applicable to Guam;

(20)apply for all grants-in-aid requests and administer any such programs or funds, except those established for recycling.

(21)[No text]

(A)adopt rules and regulations governing selection, compensation, promotion, performance evaluation, disciplinary action and other terms and conditions of employment affecting certified technical and professional personnel, subject to the provisions of the Administrative Adjudication Act.

(B)Such rules and regulations shall provide for the employment and retention of persons on the basis of merit, and shall include an orderly and systematic method of recruitment and the establishment of a list of qualified applicants. CH. 51A GUAM SOLID WASTE AUTHORITY

(C)Certified Technical and Professional personnel are defined as personnel employed by the Guam Solid Waste Authority who are professional engineers, attorneys, and other licensed professionals.

(D)Compensation for all other personnel shall remain consistent with compensation plans and pay scales as determined by law.

(b)Nothing contained in this Section or elsewhere in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers conferred upon or existing in the Authority or the Board by virtue of any provisions of the Organic Act of Guam or Statutes of Guam or any other provision of this Code.