First (1999) Regular Session

Bill No. 289(COR)

Introduced by: S.A. Sanchez II

AN ACT TO AMEND P.L. 24-272, AS LATER AMENDED BY P.L. 25-70, RELATIVE TO THE IMPLEMENTATION OF SOLID WASTE TIPPING FEES ON GUAM AND TO AMEND P.L. 24-313 RELATIVE TO THE RULES AND REGULATIONS FOR SOLID WASTE COLLECTION BY THE DEPARTMENT OF PUBLIC WORKS.

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Section 51118 (c) and (d) of Article 1, Chapter 51, Part 2 of Title 10 of Guam Code Annotated are hereby amended to read as follows:

"(c) Commercial Business and Governmental Tipping Fees. A commercial tipping fee of Four Dollars ($4.00) per cubic yard, uncompacted is hereby established for business and government generators. For compacted trash, a commercial tipping fee of Four Dollars ($4.00) per cubic yard multiplied by the compaction ratio of any vehicle or container with compaction equipment, is hereby established for business and government generators. Commercial and government collectors shall provide the Department of Public Works the compaction ratios of all equipment used to haul solid waste to the landfill to insure the accurate assessment of tipping fees for compacted trash. This fee does not include collection charges that are independently set by licensed commercial collectors.

(d) Residential Tipping Fees. A residential tipping fee, which includes collection charges, is hereby established for residential generators in the amount of Eight Dollars ($8.00) per dwelling per month."

Section 2. Self-Drop Fee Established. A new sub-section (e) is added to Section 51118 of Article 1, Chapter 51, Part 2 of Title 10, Guam Code Annotated to read:

(e) Self-Drop Fee Established. Any person or entity that is not a business or government generator shall be billed Four Dollars ($4) per vehicle load of solid waste delivered to a landfill operated by the Department or its contractor.

Section 3. Certain Limited Exemptions from Payment of Tipping Fees Established. New sub-sections (h) and (i) are added to Section 51118 of Article 1, Chapter 51, Part 2 of Title 10, Guam Code Annotated to read:

"(h) Temporary Exemption from Tipping Fees for Municipal Waste Collection. For a period of one (1) year following the implementation of the tipping fees described herein, all waste collected by any mayor or vice mayor in the performance of their official duties, and transported to a landfill operated by the Department or its contractor, shall be exempt from all tipping fees. The Department of Public Works shall monitor and record the amount of solid waste delivered by Mayors and Vice Mayors under this section. This information shall be provided on a quarterly basis to the Mayors Council, I Maga'lahan Guahan, and I Liheslaturan Guahan for the purpose of determining an appropriate budget for each municipality following the end of the exemption."

"(i) 'Good Citizen' Exemption Established. Any individual, registered non-profit organization, or other persons who intend to volunteer their resources for the purpose of collecting municipal waste, may be granted a temporary exemption from the fees established herein by securing a written exemption from the Department of Public Works in advance of their planned collection activities. The Department of Public Works shall determine the manner, time limit and procedure by which such an exemption may be granted and honored, subject to the Administrative Adjudication Act."

Section 4. Notwithstanding any other provisions of law, new subsections (m) and (n) are added to Section 105 of the Department of Public Works Division of Solid Waste Management Rules and Regulations approved by Public Law 24-313 to read as follows:

"(m) Collection of Tipping Fees.

(1) Residential tipping fees shall be billed and collected as provided under Section 105 (j) and Section 117(3)(a) of the Department of Public Works Division of Solid Waste Management Rules and Regulations. Tipping fees for government departments or agencies that have their solid waste picked up by the Department also shall be billed and collected by the Department.

(2) Tipping fees for business or government generators that have their solid waste collected by commercial collectors shall be collected by commercial collectors, on behalf of the Government of Guam. Commercial collectors shall remit the tipping fees paid by their customers in the prior month to the government by the 20th day of the following month. The tipping fees collected by commercial collectors, upon remittance to the Government of Guam, shall be considered as revenue for the government and not as income for commercial collectors. Commercial collectors shall not be liable for any applicable taxes on business income for the tipping fees collected on behalf of the government and actually remitted to the government. If a commercial collector does not remit the tipping fees actually collected from generators, as provided in this section, then the commercial collectors shall be liable for full payment to the government of all tipping fees that are collected from generators but not remitted to the government. Commercial collectors also shall be liable for all applicable taxes on business income for all tipping fees that are collected from business generators but not remitted to the government, as provided in this section.

(3) In order to insure that all tipping fees are properly billed and collected, commercial collectors shall provide to the Department of Public Works by the 20th day of each month a complete and true record of the total solid waste picked up from and the resulting tipping fees owed by generators in the prior month. If the total amounts of solid waste volume collected from generators and the resulting tipping fees owed by generators differs from the amount of solid waste delivered to landfills operated by the Department or its contractor by the commercial collector in the prior month, subject to verifiable reconciliation between the Department and the commercial collector, then the commercial collector shall be liable to the government for any difference in the amounts of tipping fees owed by generators to the government."

"(n) Termination of collecting services to Business, Government and Residential generators for non-payment. If a Business, Government or Residential generator of solid waste fails to pay the tipping fees charged to them within sixty (60) days of billing, the Department, subject to thirty (30) day written notice of termination of collecting services, shall terminate or cause to be terminated the pick-up of solid waste from the non-paying generator.

(1) Commercial collectors shall provide thirty (30) days written notice of termination and the effective date of service termination of collecting services to their respective accounts that have not paid their tipping fees within sixty (60) days of billing. Commercial collectors shall provide the Department by the 20th day of the month a list of all accounts that have not paid their tipping fee within the thirty (30) day notice of termination required by this section.

(2) Commercial collectors shall not pick up any solid waste from terminated customers, or else shall be liable for the payment of tipping fees that are incurred from continued service. The Department shall notify in writing all commercial collectors of all business or government accounts that are restricted from collecting services for non-payment of tipping fees within the period required by this section.

(3) The Department shall collect all unpaid tipping fees that are past due from residential, business or government generators who have not paid their respective tipping fees, subject to the provisions in this section. Commercial collectors shall not be liable for past due unpaid tipping fees of its customers, except as provided by this Title.

(4) The Department or commercial collectors may resume collecting services upon full payment of all past due tipping fees owed by the generator."

Section 5. Collection of Solid Waste Responsibilities of the Department of Public Works re-established to allow collection of solid waste from certain residential units and government managed housing. Section 105 (a) of the Department of Public Works Division of Solid Waste Management Rules and Regulations approved by Public Law 24-313 is hereby amended to read as follows:

"(a) Response Responsibility. The government of Guam shall may provide for the collection of solid wastes from individual dwelling units, or single family residences, duplexes, multiple dwelling units of three (3) or less units and government managed housing units or residences; provided, however that DPW may contract for collection services with a person, business or corporation, or a combination thereof, for such as deemed to be in the best interests of the island Guam."