Guam § 74101 - Definitions.

§ 74101. Definitions.

As used in this Chapter, the following words and phrases are

defined to mean:

(a) Commercial account means a relationship between a scrap

metal business and a commercial enterprise that is ongoing and

properly documented under § 74104 of this Chapter.

(b) Commercial enterprise means a corporation, partnership,

limited liability company, association, government department or

agency, public corporation, or any other legal or commercial entity.

(c) Commercial metal property means: Utility access covers;

street light poles and fixtures; road and bridge guardrails; highway

or street signs; water meter covers; traffic directional and control

signs; traffic light signals; any metal property marked with the name

of a commercial enterprise, including, but not limited to, a

telephone, commercial mobile radio services, cable, electric, water,

natural gas or other utility; unused or undamaged building

construction materials consisting of copper pipe, tubing, or wiring,

or aluminum wire, siding, downspouts, or gutters; aluminum or

stainless steel fence panels made from one (1) inch tubing, forty-two

inches (42") high with four inch (4") gaps; aluminum decking,

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bleachers, or risers; historical markers; statue plaques; grave

markers and funeral vases; or agricultural irrigation wheels,

sprinkler heads, and pipes.

(d) Nonferrous metal property means metal property for

which the value of the metal property is derived from the property's

content of copper, brass, aluminum, bronze, lead, zinc, nickel, and

their alloys. Nonferrous metal property does not include precious

metals.

(e) Precious metals means gold, silver, and platinum.

(f) Record means a paper, electronic or other method of

storing information.

(g) Scrap metal business means a scrap metal supplier, scrap

metal recycling center, and scrap metal processor.

(h) Scrap metal processor means a person with a current

business license that conducts business from a permanent location,

that is engaged in the business of purchasing or receiving

nonferrous metal property and commercial metal property for the

purpose of altering the metal in preparation for its use as feedstock

in the manufacture of new products, and that maintains a hydraulic

bailer, shearing device or shredding device for recycling.

(i) Scrap metal recycling center means a person with a

current business license that is engaged in the business of

purchasing or receiving nonferrous metal property and commercial

metal property for the purpose of aggregation and sale to another

scrap metal business and that maintains a fixed place of business

within the island.

(j) Scrap metal supplier means a person with a current

business license that is engaged in the business of purchasing or

receiving nonferrous metal property for the purpose of aggregation

and sale to a scrap metal recycling center or scrap metal processor

and that does not maintain a fixed business location in the territory.

(k) Transaction means a pledge, or the purchase of, or the

trade of any item of nonferrous metal property by a scrap metal

business from a member of the general public. Transaction does not

include donations or the purchase or receipt of nonferrous metal

property by a scrap metal business from a commercial enterprise,

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from another scrap metal business or from a duly authorized

employee or agent of the commercial enterprise or scrap metal

business.