Guam § 33204 - Monitoring.

§ 33204. Monitoring.

All efforts toward the opening, maintenance, operation and closure of

solid waste management facilities, including dump sites, landfills,

incinerators and the like, shall be taken with utmost caution, taking into

consideration the environmental impact of such municipal solid waste

management programs upon the lives and health of the families residing in

the neighborhood of such facilities. Specifically, the following related tasks

are assigned:

(a) Monitoring Authority. All SWMF that are involved in the

following: landfill, waste to energy facility, incineration, plasma torch or

flame technology and other SWMF that the Director of DPHSS or

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Administrator of GEPA designates shall be monitored. The Environmental

Health Division of DPHSS shall conduct an initial base-line study of the

people, vectors and other animals around the solid waste management

facility within a radius of one (1) mile from the perimeter of the SWMF and

may be extended to cover an area up to five (5) miles at the discretion of the

Director of DPHSS. The GEPA and DOAg shall provide assistance to

DPHSS, not limited to technical support, training, collaboration of data, etc.

The base-line data shall be established and should at least include relevant

data of the best indicators determining whether the prevalence of allergies,

respiratory disorders, infectious diseases, cancer ailments and other diseases

are more than the expected distribution than that of a national standard or an

established local standard. The summary report of such findings shall be

reported to the Governor, the Speaker of the Guam Legislature, and the

Director of DISID for the Division of Health Planning. The follow-up

analysis shall be no less than every two (2) years and may be as frequent as

authorized by the Director of DPHSS. The Director of DPHSS may hire the

assistance of no more than three (3) consultants, such that one (1) must be a

certified epidemiologist and one (1) must be a licensed physician. The

Director may also contract the project to a qualified company with a

certified epidemiologist and a licensed physician staff according to the

Procurement Laws, Chapter 5 of Title 5 of the Guam Code Annotated.

(b) Source of Funding. Any person operating a Solid Waste

Management Facility(ies) shall be levied one percent (1%) of all tipping

fees, as defined in § 51118 of Part 2, Division 2 of Title 10 of the Guam

Code Annotated. The collected amount by DPW shall be deposited to the

SWMF Medical Monitoring Fund (>SWMF-MMF=).

(c) Distribution of Funds. There shall be a quarterly disbursement of

funds from the SWMF-MMF by the Director of DPHSS for the amount

collected in Paragraph (b) above as follows:

(1) For Landfill Closure. The village(s) where the landfill facility

is to be closed shall receive twenty-five percent (25%) of the levied

amount from Subsection (b), Source of Funding, up to five (5) years

after the date of closure declared by DPW. The monetary amount shall

be appropriated from the SWMF-MMF to the respective village(s)

Mayor=s operational account for community health care needs or

community health programs. After the fifth (5th) year, the amount set

aside for this Paragraph shall be appropriated equally to Paragraphs

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(2) and (3) below. The Village of Ordot/Chalan Pago Landfill closure

shall be the first recipient of this Provision.

(2) For other village(s) with a Solid Waste Management

Facility(ies), the sum of twenty-five percent (25%) of the levied

amount from Paragraph (b), Source of Funding, shall be appropriated

from the SWMF-MMF to the respective village Mayor=s operational

account for community health care needs or community health

programs.

(3) The Department of Public Health and Social Services shall

receive fifty percent (50%) of the levied amount from Paragraph (b),

Source of Funding, for the purpose of this Act. GEPA and DOAg shall

be compensated for all expenses relative to the enforcement of this

Act from the SWMF-MMF by the Director of DPHSS.

(4) Administrative Responsibility and Accountability. The

respective recipient mayor(s), Director of DPHSS, GEPA and DOAg

are hereby authorized to use their share of the SWMF-MMF for the

purposes intended in this Act and shall prepare a financial summary

report to the Governor and the Speaker of the Guam Legislature on an

annual basis, or as per request by the Governor or Speaker of the

Guam Legislature.

(5) Creation of SWMF-MMF. There is hereby created, separate

and apart from other funds within the Department, a fund to be known

as the Solid Waste Management Facilities - Medical Monitoring Fund

(>SWMF-MMF=). The SWMF-MMF shall not be commingled with the

General Fund or any other funds of the government of Guam, and it

shall be maintained in a separate bank account as required under this

Article and may be deposited in an interest bearing account.

(6) Promulgating Rules and Regulations. DPHSS shall

promulgate rules and regulations within sixty (60) days after

enactment of this Act through the Administrative Adjudication Law.

The rules and regulations shall include revising and creating forms,

maintaining the confidentiality of records, summary reports

appropriate for public disclosure, other documents as are necessary in

accordance with the management of confidentiality of patient records,

provisions for violation or breech of information management and any

other provision to falsify the intent and the enforcement of this Act.

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(7) The lack of rules and regulations shall not impede the

enforcement of Paragraphs (1), (2) and (3) above.