(a) The Plan to be adopted by the Agency shall address a solid waste management system for Guam which shall include, but not be limited to, source reduction, recycling, composting, resource recovery and sanitary landfilling, with the objective of reducing the amount of solid waste to be processed, landfilled or otherwise legally disposed of. It shall also require the application of plasma torch or flame technology, if permitted and cost effective, to stabilize materials at the Ordot Landfill. It shall also include:

(1) a program for the privatization of all solid waste management and operations within the authorized frameworks as enacted by this Article; the Agency shall submit a privatization plan to the Guam Legislature. The Guam Legislature shall have up to ninety (90) calendar days after official receipt to review and amend the plan as
appropriate, and approve or disapprove the plan;

(2) an inventory of current residential, business, military and other institutional solid waste generation;

(3) an inventory of existing publicly available solid waste management facilities and an inventory of existing collection systems and routes;

(4) projections of residential, business, military and other institutional solid waste that will be generated within

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

Guam during the five (5) and ten (10) year periods following the effective date of this Section;

(5) projections for decrease in solid waste disposal as a result of source reduction, recycling and solid waste management facilities;

(6) an identification of potential sites for future sanitary landfills;

(7) projections for potential requirements for monofills at future sanitary landfill for special wastes, such as asbestos or ash;

(8) provide for and incorporate recycling activities required in Item (3) of Subsection (b) of § 51120 of this Article;

(9) provide guidelines for the orderly collection, transportation, storage, separation, processing, recycling, combustion and disposal of all solid waste;

(10) provide programs for the educational training of collectors, operators and other solid waste management professionals;

(11) provide for a public education program encouraging recycling and source reduction and explaining the Plan;

(12) suggest new legislation to improve solid waste management;

(13) evaluate and determine markets for recycled materials;

(14) investigate and recommend new technologies for source reduction, recycling, composting, sanitary landfill and other solid waste disposal; and

(15) provide guidelines, including timeline for converting the Ordot Landfill to beneficial use.

(b) The Plan shall be revised and updated by the Agency every five (5) years.

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

SOURCE: Added by P.L. 24-139:10 (Feb. 21, 1998). Repealed and reenacted P.L. 24-272:1 (Oct. 2, 1998).

2011 NOTE: Public Law 24-139 was found to be invalid by the Guam Supreme Court in Pangelinan v. Gutierrez, 2000 Guam 11, thereby voiding the effects to this section by that public law. Public Law 24-272 was found to be invalid by Pangelinan v. Gutierrez, 2004 Guam 16. However, in San Miguel v. DPW, 2008 Guam 3, the Court reversed and found P.L. 24-272 to be valid.