Chapter 44

10 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 1 DIVISION 2 GUAM ENVIRONMENTAL PROTECTION AGENCY NOTE: Each chapter in this Part was a chapter in Title L XI of the Govern- ment Code, but were also entitled as 'Acts.' The w ord 'Act' has been unchanged from the original code provisions, except where changing that term to 'Chapter' was necessary to avoid confusion. 2011 NOTE: Entire Chapter 44 added by P.L. 30-221:2 (Dec. 30, 2010). Chapter 44. Guam Beverage Container Recycling Act o f 2010. Chapter 45. Guam Environmental Protection Agency Ac t. Chapter 46. Water Resources Conservation Act. Chapter 47. Water Pollution Control. Chapter 48. Toilet Facilities and Sewage Disposal. Chapter 49. Air Pollution Control. Chapter 50. Guam Pesticides Act. Chapter 51. Solid Waste Management and Litter Contr ol. Chapter 52. Water and Waste Water Operator's Mandat ory Certification Act. Chapter 53. Safe Drinking Water Act. Chapter 54. Environmental Pollution Control. Chapter 54A. Guam Oil Spill Responder Act. Chapter 54B. Choose to Reuse: Munga Ma Ayek I Plastek Act of 2018.

on Act. Chapter 53. Safe Drinking Water Act. Chapter 54. Environmental Pollution Control. Chapter 54A. Guam Oil Spill Responder Act. Chapter 54B. Choose to Reuse: Munga Ma Ayek I Plastek Act of 2018. CHAPTER 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 SOURCE: Entire Chapter 44 added by P.L. 30-221:3 (Dec. 30, 2010), effective, 180 calendar days, following effe ctive date of the voluntary agreement provided in § 44119 of this cha pter, pursuant to P.L. 30-221:4. § 44101. Short Title. § 44102. Statement of Policy. § 44103. Definitions. § 44104. Goals for Waste Stream Reduction. § 44105. Deposit Beverage Container Fee. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 2 § 44106. Deposit of Beverage Container Recycling De posit Fees. [Repealed] § 44107. Deposit Beverage Distributors; Registratio n, Recordkeeping Requirements. § 44108. Beverage Container Recycling Deposit Fund. § 44109. Beverage Container Recycling Deposit Payou t. § 44110. Audits. § 44111. Redemption Centers. § 44112. Acceptance of Containers. § 44113. Deposit Beverage Distributor to Collect an d Remit Container Deposits. § 44114.

er Recycling Deposit Payou t. § 44110. Audits. § 44111. Redemption Centers. § 44112. Acceptance of Containers. § 44113. Deposit Beverage Distributor to Collect an d Remit Container Deposits. § 44114. Redemption Centers’ Claims for Reimburseme nt and Reporting Requirements. § 44115. Deposit Beverage Container Requirements. § 44116. Responsibility of Dealers. § 44117. Reverse Vending Machine Requirements. § 44118. Rules to be Adopted. § 44119. Military Cooperation. § 44101. Short Title. This Act shall be known as 'The Guam Beverage Conta iner Recycling Act of 2010.' § 44102. Statement of Policy. Communities throughout the world, including our isl and neighbors of Kiribati and Kosrae, in the mainland U nited States, Canada, Australia and much of Europe have found tha t recycling has been effective in reducing threats to our envir onment and in reducing the enormous volume of solid waste produce d by our modem lifestyles. Our island environment is precious, vulnerable, and irreplaceable. No individual, public entity, or pri vate corporation has the right to pollute our air, water, or soil.

e d by our modem lifestyles. Our island environment is precious, vulnerable, and irreplaceable. No individual, public entity, or pri vate corporation has the right to pollute our air, water, or soil. T he people of Guam have an ongoing responsibility to conserve, preserv e, and enhance our natural resources and island beauty, and to gua rantee their continued existence and enjoyment in the present an d for future generations. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 3 Some of the waste filling our dump today and bound for our landfills tomorrow may represent a potential resour ce, but without proper management these wastes will continue to be hazards to our environment and to life itself. The reduction of so lid waste at its source and the recycling of reusable waste material s will reduce the flow of waste to dumps and landfills and increase t he supply of reusable materials for use by the public. The United States Government, our Armed Forces, num erous businesses and many concerned citizens in Guam have already adopted environmentally friendly policies and habit s to encourage the purchase, use and re-use of biodegradable, recy

ed Forces, num erous businesses and many concerned citizens in Guam have already adopted environmentally friendly policies and habit s to encourage the purchase, use and re-use of biodegradable, recy clable and recycled products. Many are presently recycling tho se products for which recycling avenues are available in Guam. It i s therefore the policy of this agency of the Government of Guam to establish a mechanism that will provide incentives to aid the e ntire recycling process as it relates to those products for which a dditional uses may be found, either in Guam or by sending them off-isl and, and to set achievable goals for waste stream reduction in the coming years. § 44103. Definitions. As used in this Chapter: (a) Administrator means the Administrator of the Gu am Environmental Protection Agency. (b) Auditor means the Office of Public Accountabili ty. (c) Beverage means all beverages for human consumption. For purposes of this Chapter the term beverage shall not include items sold in a non-liquid, or fr ozen form or liquid intended for medicinal purposes only. (d) Beverage container means the individual, separa te, sealed glass, high density polyethylene, metal, pla stic

sold in a non-liquid, or fr ozen form or liquid intended for medicinal purposes only. (d) Beverage container means the individual, separa te, sealed glass, high density polyethylene, metal, pla stic bottle, can, jar, or carton, with a total volume of less th an or equal to sixty-eight (68) fluid ounces, used for containing, at the time of sale to the consumer, a beverage intended for use o r consumption. Beverage containers may be for single use or for multiple uses COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 4 (e) Board means the Board of Directors of the Guam Environmental Protection Agency. (f) Commercial passenger vessel means any domestic or foreign-flagged marine vessel or air carrier used p rimarily for transporting persons to and from Guam and to and fr om other destinations. The term does not include: (1) marine vessels authorized to carry fewer than twenty (20) passengers; or (2) marine vessels for hire that do not provide overnight accommodations for at least twenty (20) passengers, and based on an average of two (2) pers ons per cabin.

er than twenty (20) passengers; or (2) marine vessels for hire that do not provide overnight accommodations for at least twenty (20) passengers, and based on an average of two (2) pers ons per cabin. (g) Consumer means a person who buys a beverage in a deposit beverage container for use or consumption a nd pays the deposit. (h) Dealer means every person who engages in the sa le of deposit beverages in deposit beverage containers to a consumer for use or consumption. (i) Department means the Guam Environmental Protection Agency. (j) Deposit beverage means beer, ale, or other drin k produced by fermenting malt; mixed spirits; mixed w ine, tea and coffee drinks regardless of dairy-derived produ ct content; soda, or noncarbonated water; and all nonalcoholic drinks in liquid form and intended for internal human consump tion that is contained in a deposit beverage container. The term deposit beverage excludes the following: (1) A liquid that is: (A) a syrup; (B) in a concentrated form; or (C) typically added as a minor flavoring ingredient in food or drink, such as extracts, cook ing additives, sauces, or condiments; COL926201810 GCA HEALTH AND SAFETY CH.

B) in a concentrated form; or (C) typically added as a minor flavoring ingredient in food or drink, such as extracts, cook ing additives, sauces, or condiments; COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 5 (2) A liquid which is a drug, medical food or infan t formula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.); (3) A liquid which is designed and consumed only as a dietary supplement and not as a beverage as de fined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417); (4) Products frozen at the time of sale to the consumer, or, in the case of institutional users su ch as hospitals and nursing homes, at the time of sale to the users; (5) Products designed to be consumed in a frozen state; (6) Instant drink powders; (7) Seafood, meat, or vegetable broths, or soups, but not juices; and (8) Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products. (k) Deposit beverage container means the individual , separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to sixty- eight

se products. (k) Deposit beverage container means the individual , separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to sixty- eight (68) fluid ounces, used for containing, at th e time of sale to the consumer, a deposit beverage intended for us e or consumption in Guam. (l) Deposit Beverage Distributor means a business, whether licensed in Guam or not, that engages in th e sale or distribution of any and all deposit beverages, as d efined in § 44103 (j), in a deposit beverage container, as defi ned in § 44103 (k), to a dealer in Guam, including any manuf acturer who engages in such sales and imports and sells suc h products to either or both consumers and retailers located o n either or both federal and private property. Deposit Beverage Distributor also means a Wholesaler. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 6 (m) Deposit Beverage Container Fee refers to the am ount paid by every deposit beverage distributor to the D epartment for each individual beverage container manufactured in or imported into Guam that has been identified by the Department as recyclable and

paid by every deposit beverage distributor to the D epartment for each individual beverage container manufactured in or imported into Guam that has been identified by the Department as recyclable and requiring a deposit. The deposit beverage container fee shall be based on the following formu la: Redemption Rate (+) Handling Fee (+) the Department ’s administrative costs. (n) Escheat means the deposit fee paid to a dealer or deposit beverage distributor that remains unclaimed and becomes department property. (o) Import means to buy, bring, or accept delivery of deposit beverage containers from an address, suppli er, or any entity outside of Guam. (p) Importer means any person who buys, brings, or accepts delivery of deposit beverage containers fro m outside of Guam for sale or use within Guam. (q) List of Approved Containers means the list comp iled by the Board of approved containers identified for recycling deposits. Containers may not be placed upon the lis t unless an economically viable process to recycle, reuse, conv ert to energy, or physically remove containers from Guam h as been established or will be established concurrent with placement upon said list.

an economically viable process to recycle, reuse, conv ert to energy, or physically remove containers from Guam h as been established or will be established concurrent with placement upon said list. (r) Manufacturer means every person producing recyclable products, including those who package or fill recyclable products for sale to distributors or dea lers. (s) On-premises consumption means to consume deposi t beverages by a consumer immediately and within the area under control of the establishment, including bars, restaurants, commercial passenger vessels, and airplanes. (t) Person means an individual, corporation, compan y, association, partnership, federal agency, or agency of the government of Guam. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 7 (u) Recycling facility means all contiguous land an d structures and other appurtenances, and improvement s on the land used for the collection, separation, recovery, and sale or reuse of resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketab le product made of post-consumer material whether

ources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketab le product made of post-consumer material whether manu factured locally or produced off-island. (v) Redeemer means a person, other than a dealer or distributor, who demands the refund value in exchan ge for an empty deposit beverage container. (w) Redemption center means an operation that accep ts empty deposit beverage containers from redeemers an d provides the refund value for empty deposit beverag e containers intended to be recycled and ensures that the empty deposit beverage containers are properly recycled. (x) Refillable beverage container means any deposit beverage container, which ordinarily would be retur ned to the manufacturer to be refilled and resold. (y) Refund value refers to the amount of the deposi t fee refunded to a redeemer in exchange for an empty dep osit beverage container. (z) Reverse vending machine means a mechanical device, which accepts one (1) or more types of empt y deposit beverage containers, and issues coins or a redeemab le credit slip with a value not less than the container’s ref und value.

a mechanical device, which accepts one (1) or more types of empt y deposit beverage containers, and issues coins or a redeemab le credit slip with a value not less than the container’s ref und value. (aa) Wholesaler means a Deposit Beverage Distribut or. (bb) Handling Fee refers to the premium payment the Department pays to a certified redemption center to offset the costs incurred by the latter in connection with the latter’s processing of redeemed beverage containers. (cc) Redemption rate refers to the percentage of deposit beverage containers redeemed over a reporting perio d. The percentage is calculated by dividing the number of deposit beverage containers redeemed by the number of depos it COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 8 beverage containers sold, and then multiplying that number by one hundred. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). P.L. 32- 100:1 (Nov. 28, 2013) amended subsections (m), (o), (p), (q), ( r) & (s); and added subsections (o) and (bb). Subsections (o) and (bb) were codified by the Compiler as subsection (bb) and (cc) respectively, pursuant to authority granted by 1 GCA § 1606. § 44104.

r) & (s); and added subsections (o) and (bb). Subsections (o) and (bb) were codified by the Compiler as subsection (bb) and (cc) respectively, pursuant to authority granted by 1 GCA § 1606. § 44104. Goals for Waste Stream Reduction. The goal of this Act is to reduce the amount of mat erial in our waste stream by a minimum of five percent (5%) each year from the date of implementation of the recycling deposit fee , until a thirty- five percent (35%) reduction of material in our was te stream has been achieved through the practice of waste volume reduction at the source and through recycling. § 44105. Deposit Beverage Container Fee. (a) Every deposit beverage distributor shall pay to the Department a deposit beverage container fee on each individual beverage container manufactured in or imported into Guam that has been identified by the Department on the list of ap proved containers. The fee shall be imposed only once on t he same deposit beverage container. The fee shall begin at a rate of five cents (5¢) per deposit beverage container, unless and until th e Department determines otherwise as in accordance with § 44105( d) of this Chapter 44. (b) No taxes on deposit fees.

at a rate of five cents (5¢) per deposit beverage container, unless and until th e Department determines otherwise as in accordance with § 44105( d) of this Chapter 44. (b) No taxes on deposit fees. No taxes shall be as sessed or collected on deposit beverage container fees accept ed by dealers for products approved in this Chapter 44 for recycling purposes. (c) Types of containers upon which deposit beverage container fees shall be levied must be first approv ed by the Board for placement upon the List of Approved Containers identified for recycling deposits. (d) In its administration and implementation of thi s Chapter 44, the Board shall, after the first year of implem entation and every two years thereafter, examine and may elect to incr ease or decrease either or both the deposit beverage container fee a nd the refund value. While the Administrative Adjudication law sh all not apply to COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 9 any decision by the Board to decrease said amounts, the Administrative Adjudication law shall apply to any decision by the Board to increase said amounts, and any such increa se shall be based upon the

y decision by the Board to decrease said amounts, the Administrative Adjudication law shall apply to any decision by the Board to increase said amounts, and any such increa se shall be based upon the handling fee and the redemption rate calculated annually based on information submitted to the Depa rtment in accordance with § 44105(b) of this Chapter 44. (e) Except as may otherwise be provided in this Act , levy of the deposit beverage container fee imposed upon bev erage containers shall begin immediately after the effect ive date of the voluntary agreement described in § 44119 of this Ch apter 44. Redeemers shall be able to redeem beverage containe rs at certified redemption centers beginning six (6) months after t he date said levy first occurs. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Amended by P.L. 32- 100:2 (Nov. 28, 2013). § 44106. Deposit of Beverage Container Recycling D eposit Fees. (a) Deposit Beverage Distributors of beverage cont ainers that meet the conditions described in Subsection (b) of this § 44106 shall, on a monthly basis, remit an amount equal to the deposit fee described in § 44105 of this Chapter 44 multiplied by the number of containers that have

escribed in Subsection (b) of this § 44106 shall, on a monthly basis, remit an amount equal to the deposit fee described in § 44105 of this Chapter 44 multiplied by the number of containers that have been purchased on which the de posit is applied, and for which payment has been received by the whol esaler in the previous calendar month. Deposits shall be made in the manner and on the forms prescribed by the Department. (b) Types of containers upon which deposit fees sh all be levied must be first approved by the Board for plac ement upon a list of approved containers identified for recycling dep osits. Containers may not be placed upon the list of approved contain ers identified for recycling unless a process to recycle, reuse, or ph ysically remove containers from Guam has been established or will b e established concurrent with placement upon said list. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Subsecti on (c) and (d) repealed by P.L. 32-100:3 (Nov. 28, 2013. § 44107. Deposit Beverage Distributors; Registrati on, Recordkeeping Requirements. COL926201810 GCA HEALTH AND SAFETY CH.

30, 2010). Subsecti on (c) and (d) repealed by P.L. 32-100:3 (Nov. 28, 2013. § 44107. Deposit Beverage Distributors; Registrati on, Recordkeeping Requirements. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 10 (a) Six (6) months (180 calendar days) after the ef fective date of the voluntary agreement described in Title 10 GC A Chapter 44 § 44119, Deposit Beverage Distributors operating in G uam shall register with the Department, using forms prescribe d by the Department, and shall notify the Department of any change in address or other information previously submitted. Any person who desires to conduct business in Guam as a Deposit Be verage Distributor shall register with the Department no l ater than one (1) month prior to the commencement of their business. (b) All Deposit Beverage Distributors shall maintai n records reflecting the manufacture of their beverages in de posit beverage containers as well as the importation and exportati on of deposit beverage containers. The records shall be made ava ilable, upon request, for inspection by the Department; provided that any proprietary information obtained by the Department shall be kept

f deposit beverage containers. The records shall be made ava ilable, upon request, for inspection by the Department; provided that any proprietary information obtained by the Department shall be kept confidential and shall not be disclosed to any othe r person, except: (1) as may be reasonably required in an administrat ive or judicial proceeding to enforce any provision of thi s Chapter or any rule adopted pursuant to this Chapter; or (2) under an order issued by a court or administrat ive agency hearings officer. § 44108. Beverage Container Recycling Deposit Fund . (a) There is within the government of Guam, and un der the control of the Department, a Beverage Container Rec ycling Deposit Fund, which is hereby created, into which the proce eds from recycling deposit fees as provided in § 44105 of th is Act are deposited, and in which all interest earned by the Beverage Container Recycling Deposit Fund shall accrue. (b) The Beverage Container Recycling Deposit Fund shall be administered separate and apart from any other fund of the Government, and shall not be subject to any transfe r authority of I Maga’lahi or appropriation by I Liheslatura, except as provided in this Chapter

ered separate and apart from any other fund of the Government, and shall not be subject to any transfe r authority of I Maga’lahi or appropriation by I Liheslatura, except as provided in this Chapter 44. Any unencumbered funds remaining in the beverage container recycling fund at the end if eac h fiscal year shall remain in that Fund and be expended only for the pu rposes described in this Section. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 11 (c) A portion of the deposit beverage container fee collected by the Department shall be used, among other things , for: (1) expenses related to implementing the provisions of this Chapter 44; (2) funding of administrative, audit, and complianc e activities associated with collection and payment o f the deposits of the Beverage Container Recycling Deposi t Act; (3) conducting of recycling outreach education, cap acity building and demonstration projects; and (4) promotion and marketing of recycling related activities. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Amended by P.L. 32-100:4 (Nov. 28, 2013). § 44109. Beverage Container Recycling Deposit Payo ut. [Repealed.] SOURCE: Added by P.L.

related activities. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Amended by P.L. 32-100:4 (Nov. 28, 2013). § 44109. Beverage Container Recycling Deposit Payo ut. [Repealed.] SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Repealed by P.L. 32- 100:5 (Nov. 28, 2013). § 44110. Audits. The Office of Public Accountability shall conduct a management and financial audit of the program begin ning in Fiscal Year 2012, and for each fiscal year thereafter endi ng in an even number. The costs incurred by the Public Auditor fo r the audit shall be reimbursed by the Beverage Container Recycling D eposit Fund. The Public Auditor may contract the audit services of a third party to conduct the audit. § 44111. Redemption Centers. (a) To facilitate the return of empty beverage con tainers, and subject to the approval of the Department and appro priate business licensing, any person may establish a Redemption Ce nter at which consumers may return empty beverage containers and receive payment of the refund value of such beverage contai ners. Refunds may be based on number or weight of deposit beverag e containers.

at which consumers may return empty beverage containers and receive payment of the refund value of such beverage contai ners. Refunds may be based on number or weight of deposit beverag e containers. (b) An application for approval of a Redemption Ce nter shall be filed with the Department. The application shal l state the name COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 12 and address of the person responsible for the estab lishment and operation of the Redemption Center, the kind of bev erage containers that will be accepted at the Redemption Center, and the names of the distributor or distributors that will be handli ng and exporting their recyclables, if different from the name of th e operator of the Redemption Center. The application shall contain s uch other information as the Administrator may reasonably req uire. (c) The Department shall approve a Redemption Cent er if it finds that the Redemption Center will provide a con venient service to consumers for the return of empty beverage conta iners. The order of the Department approving a Redemption Cent er shall state the kind of empty beverage containers that the Rede mption

nt service to consumers for the return of empty beverage conta iners. The order of the Department approving a Redemption Cent er shall state the kind of empty beverage containers that the Rede mption Center will accept pursuant to the application of that Red emption Center. The order may contain such other provisions to insu re that the Redemption Center will provide a convenient service to the public as the Administrator may determine. Applicants sha ll be appropriately licensed to conduct business in Guam by the Department of Revenue and Taxation. (d) The Department may review the approval of any Redemption Center at any time. After written notic e to the person responsible for the establishment and operation of the Redemption Center, the Department may, after hearing, withdraw approval of a Redemption Center if the Department finds there has not been compliance with the Department’s order approving th e Redemption Center, or if the Redemption Center no longer provi des a convenient service to the public. (e) All approved Redemption Centers shall meet app licable health standards and shall be maintained in full co mpliance with applicable laws and with the orders and rules of th

service to the public. (e) All approved Redemption Centers shall meet app licable health standards and shall be maintained in full co mpliance with applicable laws and with the orders and rules of th e Department, including permitting requirements. (f) Redemption Centers shall: (1) accept deposit beverage containers for which a deposit has been paid pursuant to § 44105; (2) pay to the redeemer the full refund value in c ash for all deposit beverage containers; COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 13 (3) remain open at least thirty (30) hours per wee k, of which at least five(5) hours shall be on Saturday o r Sunday; and (4) forward the documentation necessary to support claims for reimbursement as stated in § 44114 of t his Chapter. (g) The Department shall prepare printed material to be posted at dealer locations in conspicuous areas identifyin g the location of approved Redemption Centers and specifying what typ e of recyclable materials may be deposited at each Cente r. (h) All Redemption Centers shall submit to the Dep artment the following information on forms and on dates prescri bed by the Department, which information

materials may be deposited at each Cente r. (h) All Redemption Centers shall submit to the Dep artment the following information on forms and on dates prescri bed by the Department, which information shall include at a mi nimum: (1) the number or weight of deposit beverage conta iners of each material type accepted at the redemption ce nter for the reporting period; and (2) the amount of refunds paid out by material typ e. § 44112. Acceptance of Containers. A Redemption Center shall not refuse to accept from a consumer any empty beverage container described in § 44103 (d), or refuse to pay to the consumer the refund value o f a beverage container as provided in § 44109, except for the fo llowing reasons: (a) the deposit beverage container is broken, corr oded, or dismembered; (b) the deposit beverage container contains a free -flowing liquid; (c) the deposit beverage container holds a signifi cant amount of foreign material; or (d) the deposit beverage container appears to have been previously processed and baled. § 44113. Deposit Beverage Distributor to Collect a nd Remit Container Deposits.

amount of foreign material; or (d) the deposit beverage container appears to have been previously processed and baled. § 44113. Deposit Beverage Distributor to Collect a nd Remit Container Deposits. Deposit Beverage Distributors licensed in Guam that meet the conditions described in Subsections (a) through (c) below shall, on a COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 14 monthly basis, remit an amount for deposits for suc h beverage containers as described pursuant to this Chapter eq ual to the amount of the deposit as described in § 44105 of this Chap ter, in the manner and on the forms developed by the Department, payab le to the Beverage Container Recycling Deposit Fund, and subj ect to the requirements of the Department. (a) Condition 1: The Deposit Beverage Distributor licensed in Guam distributes beverages that may inc lude any and all alcoholic and non-alcoholic beverages, juic es, flavored drinks, milk, coffee, tea and water; (b) Condition 2: Any of the beverages distributed are in containers that have been identified by the Guam Environmental Protection Agency as that which can b e recycled pursuant to § 44112 of this

r; (b) Condition 2: Any of the beverages distributed are in containers that have been identified by the Guam Environmental Protection Agency as that which can b e recycled pursuant to § 44112 of this Chapter; and (c) Condition 3: The business is a distributor in Guam of any such beverage product for sale to customers by retailers located on both federal and private property to bot h military and local retailers. § 44114. Redemption Centers’ Claims for Reimbursem ent and Reporting Requirements. (a) Claims for reimbursements of refund amounts pa id out by Redemption Centers shall be made by Redemption Cent ers in the manner, on the forms, and in the frequency specifie d by the Department. (b) The Department shall pay certified redemption c enters refund values and handling fees as determined by th e Board in accordance with § 44105 of this Chapter 44, based o n, among other factors, collection reports submitted by the Redemp tion Centers. All Redemption Centers shall submit to the Department t he following information on forms prescribed by the Department, which information shall include at a minimum: (1) the number or weight of deposit beverage contai ners of each material type

partment t he following information on forms prescribed by the Department, which information shall include at a minimum: (1) the number or weight of deposit beverage contai ners of each material type accepted at the Redemption Ce nter for the reporting period; (2) the amount of refunds paid out by material type ; and COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 15 (3) the number or weight of deposit beverage contai ners of each material type to be transported to a permit ted recycling facility. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Subsecti on (b) amended by P.L. 32-100:6 (Nov. 28, 2013). 2011 NOTE: See also 11 GCA, § 76220, Recycling Redemption Center Endorsements. § 44115. Deposit Beverage Container Requirements. (a) Except as provided in (b) and (c) of this § 44 115, effective immediately after the date this Act takes effect, e very deposit beverage container sold in Guam shall clearly indic ate the Guam Redemption Value by the letters 'GU RV. (b) Subsection (a) of this § 44115 shall not appl y to any type of refillable glass deposit beverage container that has a brand name permanently marked on it and that has the equivalen

etters 'GU RV. (b) Subsection (a) of this § 44115 shall not appl y to any type of refillable glass deposit beverage container that has a brand name permanently marked on it and that has the equivalen t of a refund value of at least five (5) cents, which is paid upo n receipt of the container by a dealer or deposit beverage distribut or. (c) Containers that do not meet the definition of a deposit beverage container, as specified in § 44103(k) of t his Chapter, shall not indicate 'Guam Redemption Value' (GU RV) on the container. SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Subsecti on (a) and (c) amended by P.L. 32-100:7 (Nov. 28, 2013). § 44116. Responsibility of Dealers. Dealers who are not Redemption Centers shall post a clear and conspicuous sign at the primary public entrance of the dealer’s place of business that specifies the name, address, and h ours of operation of the closest Recycling Redemption Center location (s). Businesses that sell deposit beverages for on-premi ses consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and eit her use a certified Redemption Center for the collection of c ontainers or

s consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and eit her use a certified Redemption Center for the collection of c ontainers or become a Recycling Redemption Center. § 44117. Reverse Vending Machine Requirements. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 16 Reverse vending machines may be used by Recycling Redemption Centers to satisfy the requirements of t his Chapter, provided that the reverse vending machine shall acc ept one (1) or more types of empty deposit beverage containers and shall pay out appropriate refunds as coins, or via a redeemable c redit slip with a value not less than the refund value of the contain er or containers being redeemed. Reverse vending machines shall be routinely serviced to ensure proper operation and continuous acceptance of empty deposit beverage containers and payment of th e refund value. § 44118. Rules to be Adopted. (a) The Board shall convene an advisory committee to assist in the development of all rules needed to implement th is Chapter.

ntainers and payment of th e refund value. § 44118. Rules to be Adopted. (a) The Board shall convene an advisory committee to assist in the development of all rules needed to implement th is Chapter. Members of the committee shall assess the impact on consumers, recyclers, the military, and the beverage industry. Members of the committee shall be appointed by the Administrator a nd shall serve at the Administrator’s pleasure. A simple majority of the committee members shall constitute a quorum for the purposes of recommending rules, and providing input to the Boar d. (b) The Board may adopt rules pursuant to this Cha pter, as may be necessary to carry out its provisions. Amend ments to such rules may be considered and adopted from time to ti me to replace or supplement such rules as may be in existence, to in clude: (1) identifying items to be recycled in addition t o beverage containers; (2) establishing or revising appropriate deposit b everage container fees, handling fees, and refund values;; (3) regulating Redemption Centers and the redempti on process for recyclable items; and (4) establishing and revising appropriate forms and procedures to reimburse Redemption Centers

refund values;; (3) regulating Redemption Centers and the redempti on process for recyclable items; and (4) establishing and revising appropriate forms and procedures to reimburse Redemption Centers applying for refund amounts. (c) The Board shall consider the merging or transfe r of the functions described in this Chapter with the functi ons of an autonomous entity created to manage all solid waste concerns within Guam. COL926201810 GCA HEALTH AND SAFETY CH. 44 GUAM BEVERAGE CONTAINER RECYCLING ACT OF 2010 17 SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). Subsecti on (b)(2) amended by P.L. 32-100:8 (Nov. 28, 2013). § 44119. Military Cooperation. The provisions of this Chapter relative to beverage container recycling deposit fees shall not be implemented, an d deposits as defined in this Chapter, shall not be assessed or c ollected on beverage containers, until the Government of Guam a nd the U.S. Navy and U.S. Air Force commands in Guam shall have established a voluntary agreement in writing that provides for such deposit fees to be assessed and collected throughout Guam, inclu ding all locations both on and off federal property, in the manner described in such voluntary

ement in writing that provides for such deposit fees to be assessed and collected throughout Guam, inclu ding all locations both on and off federal property, in the manner described in such voluntary agreement. Assessment and collect ion of deposit fees on beverage containers shall continue only for the period of time that such voluntary agreement is in effect. --------- COL9262018 COL9262018