Viba Draft Solid Waste Permit

GUAM ENVIRONMENTAL PROTECTION AGENCY

AHENSIAN PRUTEKSION LINA’LA GUAHAN

EDDIE BAZA CALVO P.O. Box 22439 GMF • BARRIGADA, GUAM 96921 RAY TENORIO GOVERNOR OF GUAM TEL: 475-1658/9 • FAX: 475-8007 LT. GOVERNOR OF GUAM

“ALL LIVING THINGS OF THE EARTH ARE ONE”

Sung Kook Kim

President

Viba Recycling Inc.

P.O. Box 11617

Tamuning, Guam 96931

RE: SOLID WASTE MANAGEMENT FACILITY PERMIT for

Dear Sung Kook Kim:

On 12/27/2011, the Guam Environmental Protection Agency received a Solid Waste

Management Facility (SWMF) Processing& Storage Permit application dated 12/27/2011

for Viba Recycling Inc. (hereinafter referred to as “Permittee”). According to the

information submitted, you are requesting to operate a SWMF located at Finagyan St,

Harmon, specifically for the processing and storage of Ferrous and Non Ferrous Metals, Air

Conditioners and Batteries.

After careful review of your application and the additional information submitted, this

Agency hereby approves your application to operate a Processing and Storage SWMF

with the following general and special conditions. Therefore, enclosed is permit

certificate number 12‐009PRO/STO.

This permit is issued with, but not limited to, the following conditions as required under

Solid Waste Management and Litter Control, 10 GCA, Chapter 51 (SWMLC, 10 GCA,

Chapter 51) and Guam Solid Waste Disposal Rules and Regulations, Chapter 23

(GSWDRR):

PERMITTEE Viba Recycling Inc.

TYPE OF FACILITY Solid Waste Management Processing & Storage

Facility

PROPERTY DESCRIPTION Lot #: 5103‐1, Finagyan St, Harmon

PERMIT NO. 12‐009PRO/STO

ACCEPTABLE WASTE Ferrous, Non Ferrous metals, Air Conditioners,

and Batteries

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PERMITTEE «NAME_OF_FACILITY» «DBA»

TYPE OF FACILITYSolid Waste Management Processing & Storage Facility

PROPERTY DESCRIPTION Lot #: 5103-1, «Physical_Location_Lot__ETC» PERMIT NO. «Permit_»«Type»

A. GENERAL CONDITIONS

1. Permit Renewal: This permit expires two (2) years from the date of this letter. An

application for the renewal of the permit must be submitted not less than sixty (60)

calendar days prior to the expiration date of this permit. (Section 23104(k) of

GSWDRR)

2. Posting of Permit: Upon granting an approval for a permit, the Administrator

shall issue to the applicant a permit which shall be posted in a conspicuous place

at or near the operation site for which the permit was issued. (Section 23104(n) of

GSWDRR)

3. Falsifying or Altering Permit: No person shall knowingly deface, alter, forge,

counterfeit or falsify a permit. Any such activity shall bring about immediate

revocation of the permit. (Section 23104(o) of GSWDRR)

4. Transfer of Permit: This permit is non‐transferable, whether by operation of law

or otherwise, either from one location to another, from one solid waste disposal

facility to another, or from one person to another, without written approval of the

Administrator. (Section 23104(l) of GSWDRR)

5. Termination of Operations: Sixty (60) days prior to closure, any person issued a

permit shall report the permanent termination of a solid waste processing, storage

or disposal facility for which the permit has been issued to the Administrator and

within thirty (30) days after closure shall surrender the permit to the

Administrator. (Section 23104(m) of GSWDRR)

6. Operations:

a. The Administrator may approve immediate closure of any solid waste

management facility if the facility poses major threat to human health and

the environment, or any non‐compliance to the requirements of this

permit. (Section 23104(m) of GSWDRR)

b. The Permittee shall notify Guam EPA in writing, of any replacement or

addition of machine(s), equipment(s), or mobile or non‐mobile building(s)

by this facility. (Section 23104(e) of GSWDRR)

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c. The Permittee shall notify Guam EPA in writing, of any additional waste

items that are to be processed in this facility. (Section 23104(e) of

GSWDRR)

d. The Permittee shall inform Guam EPA in writing of any amendments to

the facility and its operations on the aforementioned lot described herein.

(Section 23104(e) of GSWDRR)

e. The Permittee shall have a contingency plan to address the retrieval and

disposal of regulated waste in accordance to local and federal regulations.

This plan shall be made accessible to employees. (Section 23104(e) of

GSWDRR)

f. The construction and operation of a solid waste management facility shall

not cause or contribute to the taking of any endangered or threatened

species of plant, fish, or wildlife and shall not cause the destruction of the

critical habitat of endangered or threatened species. (Section 23402(d) of

GSWDRR)

g. The design, construction, and operation of a solid waste management

facility shall not restrict the flow of the base flood, reduce the waste water

storage capacity of the floodplain, or result in the washout of solid waste so

as to post a hazard to human life, or land or water resources. (Section

23402(e) of GSWDRR)

h. The solid waste management facility shall not be located, constructed, or

operated so that birds attracted to the facility pose a hazard to aircraft

approaching or leaving any airport. (Section 23402(f) of GSWDRR)

7. Waste Limitation: The Permittee shall comply with the following requirements

should the Facility meet 75% of the maximum allowable capacity of solid waste as

established in Permit Special Condition B: (Section 23104(e) of GSWDRR)

a. Prior to meeting maximum allowable capacity, the solid waste shall be

shipped off‐island and/or disposed of at a Guam EPA permitted solid

waste management facility.

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b. Notify Guam EPA in writing within five (5) working days with the

following information:

i. The date for which the 75% capacity of solid waste was met;

ii. Identify the class of solid waste that met the 75% capacity;

iii. Provide information and documentation that supports the timely

disposal/removal of solid waste.

8. Waste Exceedence: The Permittee shall comply with the following requirements

should the Facility meet the maximum allowable capacity of solid waste as

established in Permit Special Condition B: (Section 23104(e) of GSWDRR)

a. Cease the acceptance of solid waste.

b. Notify Guam EPA in writing within five (5) working days with the

following information:

i. The date for which the maximum allowable capacity of solid waste

was met;

ii. Identify the class of solid waste that met the maximum allowable

capacity; and

iii. Provide information and documentation that supports the timely

disposal/removal of solid waste.

c. Prior to the Facility accepting solid waste, the Permittee shall comply with

the following:

i. The total stored solid waste that meets the maximum allowable

capacity shall be shipped off‐island and/or disposed of at a Guam

EPA permitted solid waste management facility; and

ii. Notify Guam EPA in writing that the disposal/removal of solid

waste is completed and request for approval to resume waste

acceptance. The Permittee shall include information and

documentation to support the disposal/removal of the solid waste.

9. Hours of Operations: Hours of operation and emergency information shall be

posted at the entrance of the facility. (Section 23104(e) of GSWDRR)

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10. Safety:

a. The following safety precautions and procedures shall be employed at the

site during operations. (Section 23104(e) of GSWDRR)

i. All individuals shall wear personal safety devices such as hard hats,

gloves and footwear while on the site.

ii. Safety devices, including but not limited to such items as rollover

protective structures, seatbelts, and audible reverse warning

devices, shall be provided on all equipment used at the facility.

iii. Fire extinguishers shall be provided and be located within the

immediate vicinity of the working area. Provisions shall be made

to extinguish any fires in wastes being delivered to the site or which

occur at the working area.

iv. Communications equipment shall be available on‐site for

emergency situations.

v. Access to the site shall be controlled and shall be accessible only

when operating individuals are on duty.

b. Open burning of solid waste is not authorized at the site. (Section 51110(8)

of SWMLC, 10 GCA, Chapter 51)

11. Ownership of Waste: All solid waste delivered to the solid waste management

facility shall become the property of the facility owner and operator. (Section

23104(e) of GSWDRR)

12. Dust Emission Control Plan: The Permittee shall implement the dust emission

control measures during its daily operations pursuant to the requirements under

§1103.4 of the Guam Air Pollution Control Standards and Regulations. This plan

shall be made accessible to employees.

13. Vector Control Plan: The Permittee shall have a vector control plan to prevent or

control on‐site populations of disease vectors using techniques appropriate for the

protection of human health and the environment. This plan shall be made

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accessible to employees. (Section 23305 of GSWDRR)

14. Litter Control Program: A litter control program shall be implemented to

minimize litter at the facility and prevent its occurrence beyond the property line

of the facility. (Section 23104(e) of GSWDRR)

15. Emergency Procedures (Fire & Typhoons):

a. Protocols for emergency procedures shall be established and posted at the

jobsite.

b. All employees shall be trained and required to read and understand

emergency procedures prior to being placed in the workplace.

c. In the event of an emergency, efforts must be made to contact appropriate

personnel including but not limited to, management, owner, operator,

Guam Fire Department, Guam EPA, and Guam Police Department.

d. An emergency contact list with corresponding contact numbers shall be

established and posted at the workplace.

e. In the event of a fire, efforts must be made to extinguish the fire and

contact Guam Fire Department and Guam EPA.

f. In the event of a typhoon, and upon declaration of Condition of Readiness

3, ensure the following measures are taken:

i. Operations shall cease and the facility shall be secured.

ii. The permitted solid waste stockpiles are secured with a cover

material such as netting or a similar type of cover material. The

cover material shall be properly secured and anchored.

iii. All other safety measures shall be taken to secure all loose debris,

equipments, and other appurtenance within and around of the

facility.

16. Waste Restrictions: The Permittee shall comply with the following conditions:

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a. Materials shall be screened prior to entering into the facility. Unacceptable

waste will be disposed at an approved Guam EPA permitted disposal

facility. (Section 23104(e) of GSWDRR)

b. Hazardous waste and residential waste shall not be allowed within the

Facility. A list of excluded waste shall be displayed prominently at the site

entrance. (Section 23302 of GSWDRR)

c. Waste extraction shall be conducted in accordance with the Operations

Plan and all applicable local and federal regulations.

d. Liquids and hazardous waste shall be disposed at an approved Guam EPA

permitted disposal facility within thirty (30) days. (Section 23104(e)(4) of

GSWDRR)

e. Used Oil: The Permittee shall ensure used oil is properly collected, stored,

and disposed of in accordance with all applicable local and federal

regulations. (Section 23104(e)(4) of GSWDRR)

f. Chlorofluorocarbons (CFCs) or Freon: The Permittee shall not store

Chlorofluorocarbons (CFCs) or Freon on the facility at any given time. The

Permittee shall ensure retrieval and removal of CFCs or Freon is conducted

by a certified technician in accordance with all applicable local and federal

regulations. (Section 23301(b)(5) of GSWDRR)

17. Recordkeeping:

a. The Permittee shall monitor and record on a form titled “Daily Incoming

Vehicle Record” the following: (Section 23104(e)(4) of GSWDRR)

i. Date received;

ii. Source and class of solid waste received;

iii. Volume (yd3) or weight (tons); and

iv. License plate number of vehicle transporting the waste.

b. The Permittee shall monitor and record on a form titled “Daily Waste

Processed Record” the following: (Section 23104(e)(4) of GSWDRR)

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i. Date processed;

ii. Class of solid waste processed; and

iii. Volume (yd3) or weight (tons) processed.

c. The Permittee shall monitor and record on a form titled “Daily Waste

Disposal/Removal Record” the following: (Section 23104(e)(4) of

GSWDRR)

i. Date disposed/removed;

ii. Class of solid waste disposed/removed;

iii. Volume (yd3) or weight (tons); and

iv. Name and location of the accepting facility.

d. The Permittee shall record and maintain in an operating record the

following: (Section 23312 of GSWDRR)

i. Inspection records and training procedures;

ii. Operating problems, complaints or difficulties;

iii. Air quality and litter control efforts;

iv. Vector control efforts; and

v. Emergency events.

e. All records shall be maintained and made available to Guam EPA upon

request. (Section 23104(e)(4) of GSWDRR)

f. The Permittee shall maintain the records, copies of manifest and disposal

receipts for a period of five (5) years and is extended automatically during

the course of any unresolved enforcement action regarding the facility or

as required by the Administrator. (Section 23104(e)(4) of GSWDRR).

18. Annual Reporting:

a. The Permittee shall prepare and file with the Agency annual reports on a

form acceptable to the Agency. Contents of the reports shall at a minimum

include the: (Section 23104(e)(4) of GSWDRR)

i. The source, volume (yd3) or weight (tons), and class of solid waste

received at the facility;

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ii. The volume (yd3) or weight (tons) and class of solid waste

processed at the facility; and

iii. The volume (yd3) or weight (tons), class of solid waste removed,

and the disposal location.

b. The annual report shall also include discussion and summaries of the

information obtained in Permit Condition A.17. The annual report shall be

submitted within thirty (30) days after the end of each year. (Section

23104(e)(4) of GSWDRR)

c. All other information/documents required by this Permit (i.e. Financial

Assurance) or as requested by the Agency.

19. Lease Agreements: The Permittee shall provide copies of the new or renewed

Lease Agreement(s) with the Landlords. Any Termination or expired Lease

Agreement(s) with the Landlords is termination of this Permit. The Permittee

shall, upon notification of termination of Lease Agreement(s) by the Landlords,

provide copy of Notification of Termination of Lease to Guam EPA. (Section


20. Closure Plan: The Permittee must prepare and submit a written closure plan that

describes the steps necessary to close the processing facility no less than sixty (60)

days prior to final closure. (Section 23104(m) of GSWDRR)

21. Financial Assurance: The Administrator reserves his rights under SWMLC 10

GCA Ch. 51 Section 51104 (g) and the GSWDRR section 23104(D) (2) to

determine the applicability and/or necessity of requiring a performance bond or

some other form of financial assurance for each individual permit application or

permit renewal application and to subsequently impose the requirement of a

performance bond or other financial assurance requirement after the issuance of

the permit or renewal. Failure to timely comply with a demand for such

performance bond or other financial assurance requirement will constitute

automatic default grounds for revocation of a newly issued permit or renewed

permit. In exchange for temporary waiver of the requirement of a performance

bond or other financial assurance at the time of issuance of a permit or permit

renewal by the Administrator, Applicant waives any potential right for a due

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process hearing with regard to failure to provide subsequently requested

financial assurance.

The Permittee shall maintain the approved financial assurance mechanism at all

times throughout the active life of the solid waste management facility, and during

the required post‐closure care period. The amount of funds assured must be

sufficient to cover the costs of closure, post‐closure, and corrective action for

known releases when needed, and shall be made available in a timely fashion

when needed. The estimated closure and post‐closure care costs for the solid

waste management facility shall be updated annually, and the amount of funds

assured shall be adjusted as necessary to account for changes to these costs, as well

as any corrective actions that may become required under the Solid Waste

Management and Litter Control, 10 GCA, Chapter 51 (SWMLC, 10 GCA, Chapter

51) and Guam Solid Waste Disposal Rules and Regulations (GSWDRR). All

facility annual reports must contain updated cost estimates and updated

information on the status of the financial assurance mechanisms.

No financial assurance mechanism required under the Solid Waste Management

and Litter Control, 10 GCA, Chapter 51 (SWMLC, 10 GCA, Chapter 51) and Guam

Solid Waste Disposal Rules and Regulations (GSWDRR) may be cancelled by the

guarantor unless the Administrator has received written notice thereof and there

has been a lapse of one hundred twenty (120) days between receipt of notice and

cancellation date.

22. Liability: The Permittee shall be liable during the duration of the permit and

twenty‐five (25) years after the expiration of the permit for all costs related to

health and environmental restoration attributed to the operation of the facility.

(Section 51104(a) of SWMLC, 10 GCA, Chapter 51)

B. SPECIAL CONDITIONS

1. Operations:

a. The permitted area is approximately 8,336 square feet of the portion of that

parcel of land described as Finagyan St, Harmon. (Section 23104(e) of

GSWDRR)

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b. The permitted area is an M‐1 (Light Industrial) zone as stated on a Decision

Granting Zone Change, Guam Land Use Commission approved and

signed by the Governor of Guam on April 17, 1998. (Section 23104(b)(1)(B)

of GSWDRR)

c. This permit is for the processing and storage of metallic waste and only such

materials shall be stored. (Section 23104(e) of GSWDRR)

d. The permitted machineries, equipments, buildings on the facility shall be

the following: (Section 23104(e) of GSWDRR)

Description Quantity

Weight Scale 1

Forklift 1

Metal cutter 1

In addition, the permittee shall utilize cutting torches, oxygen and

acetylene set with hose, and touch and tips for the cutting of metals.

e. All waste fluids generated on site shall be removed from the facility on a

weekly basis by a company permitted or approved for transport of such

waste. (Section 23104(e) of GSWDRR)

f. A dumpster will be provided for solid waste generated on site. (Section

23104(e) of GSWDRR)

2. Metallic Waste:

a. The Permittee shall follow the Site Layout Diagram submitted to Guam

EPA for placement of Processed and Unprocessed metal waste, batteries,

and air conditioners; not to exceed a combined Maximum Monthly

Volume of ≈20 Tons. (Section 23104(e) of GSWDRR)

b. The Permittee shall store Waste Type according to Storage Medium

requirements stated below prior to loading into shipping containers for off

island recycling: (Section 23104(e) of GSWDRR)

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Waste Type Location MaximumMonthly Volume

Processed metals: Small Ware House Combined total of ≈ 20 Tons

Un Process metals, Open Yard

Batteries

Air Conditioners

Waste Type Storage Medium

Ferrous/Nonferrous Metals 1 Ton Super Sacks

Batteries Pallets (2 high & Shrink wrapped)

Air Conditioners Pallets (2 high & Shrink wrapped)

Aluminum 1 Ton Super Sacks

Stainless Steel 1 Ton Super Sacks

** Storage and Processing Location as specified in Viba Recycling Inc.

Site Layout Diagram

Storage Containers: Location Maximum Monthly Volume

Valuable scrap metals 40‐Foot Container 2,560 yd3

3. Facility Signs: Upon the issued date, the Permittee shall comply with the

following conditions:

a. Within two (2) calendar days of the issued date, post a sign at the entrance

of the facility that includes the waste accepted as stated in Permit

Condition B.1.c. and waste excluded as stated in Permit Condition A.15.b.

b. Ensure the facility signs are visible to customers and not obstructed at any

given time.

4. Scale Requirements: Upon the issued date, the Permittee shall ensure all

incoming loads of wastes will be inspected and weighed per vehicle prior to

acceptance for disposal. All information shall be recorded in accordance to Permit

Condition A.13. In addition, the Permittee shall comply with the following

conditions:

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a. Within ten (10) calendar days of the issued date, submit information and

documentation to Guam EPA on the expected installation date and

expected operation date of the scale.

b. No later than December 01, 2012, the facility shall place, maintain, and

have operational the approved weight scale.

5. Emergency Plan: Upon the issued date, the Permittee shall comply with the

following conditions:

a. Incorporate into the facility’s emergency plan the following:

i. In the event of a typhoon, and upon declaration of Condition of

Readiness 3, ensure all light metal stockpiles are secured with a

cover material such as netting or a type of cover material that is

capable of holding down metals. The cover material shall be

properly secured and anchored on all sides of the piles.

ii. All other safety measures shall be taken to secure all loose debris,

equipments, and other appurtenance within and around of the

facility.

b. No later than December 01, 2012, ensure cover material is available on the

facility to secure the waste in the event of a typhoon.

6. Guam Water Pollution Control Act and Storm Water Runoff Requirements:

Upon the issued date, the Permittee shall comply with the following conditions:

a. Operation of this facility shall not begin until the facility meets the

requirements and approval by Guam EPA, Water Pollution Control

Program for oil storage and storm water drainage system.

For further information, please contact Ms. Maricar Quezon, Engineer, Water

Pollution Control Program, at 475‐1633, respectively.

7. Lease Agreements: The Permittee shall provide copies of the new or renewed

Lease Agreement(s) with the Landlords. Any Termination or expired Lease

Agreement(s) with the Landlords is termination of this Permit. The Permittee

shall, upon notification of termination of Lease Agreement(s) by the Landlords,

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provide copy of Notification of Termination of Lease to Guam EPA. (Section


8. The applicant, by accepting this permit, agrees to all general and special

conditions enumerated in this permit.

_______________________ ___________________ __________________ __________

Authorized Representative Title Signature Date

Failure to comply with the aforementioned conditions may result in the suspension or

revocation of the Solid Waste Management Storage Facility Permit and issuance of a

Notice of Violation and Order of Compliance. The conditions within this permit shall not

be construed to apply to any activity, which is inconsistent with other regulatory

requirements of Guam. The Solid Waste Management Storage Facility Permit does not

relieve the owner/operator from compliance with all other applicable federal and local

requirements. The permit holder is responsible to comply with all applicable federal and

local requirements.

Should you have any questions or comments, please contact Mr. Roland T. Gutierrez or

Mr. Glenn San Nicolas from the Solid Waste Management Program at 475‐1658/1626,

respectively.

Sincerely,

ERIC M. PALACIOS

Administrator

Enclosure 1. SWMF Permit Certificate No. 12‐009PRO/STO

Viba Draft Solid Waste Permit

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