Solid Waste Operations Fund

(a)Commercial Haulers. For commercial, including multi-family dwellings and government agencies, the charge is a disposal tipping fee and does not include collection fees independently charged by commercial waste haulers.

(b)Commercial and Residential Tipping Fees. All commercial and residential tipping fees charged by the Authority shall be subject to the review and approval of the Public Utilities Commission.

(c)Business and Governmental Tipping Fees. A tipping fee per cubic yard, uncompacted, shall be established for business and government generators, subject to approval by the Public Utilities Commission (PUC), and shall be published in a rate order developed by the PUC.

(d)Residential Tipping Fees. A residential tipping fee, which may include collection charges and a Self-Drop Fee, may be established subject to the approval of the PUC.

(e)PUC Rate-making. The Public Utilities Commission of Guam

(PUC)is hereby authorized to establish, amend and approve, in accordance with Chapter 12 of Title 12, Guam Code Annotated, all CH. 51A GUAM SOLID WASTE AUTHORITY commercial, government and residential tipping and user fees (including without limitation a self-drop fee, a variable residential tipping fee and, collectively referred to as ‘tipping fees’), which when established shall replace those previously created by law.

(1)Tipping fees authorized and established by PUC shall be based on volume and on an analysis of operations costs, including those cost components specifically listed under Title 10 GCA § 51A114.

(2)PUC is empowered to undertake a focused management audit of the existing operations of the Guam Solid Waste Authority.

(3)In performing its duties under this Section, PUC shall have the full authority and powers conferred upon it by its enabling legislation, Title 12 GCA 12000 et. sec., including the audit power conferred upon it by Public Laws 25-005:12 and 26-078:2.

(f)Solid Waste Operations Fund.

(1)All tipping, user and other fees authorized under this Section and collected based on duly established rules and regulations or on a PUC rate order shall be deposited in a special fund designated and hereby established as the Solid Waste Operations Fund.

(2)All tipping/user fees in the Fund shall be used solely for solid waste management purposes and, pursuant to PUC order, for the payment of regulatory costs and expenses as may be incurred by PUC in performing its regulatory duties under Subsection (e).