Viba Draft Solid Waste Permit

GUAM ENVIRONMENTAL PROTECTION AGENCY AHENSIAN PRUTEKSION LINA’LA GUAHAN EDDIE BAZA CALVO GOVERNOR OF GUAM

P.O. Box 22439 GMF • BARRIGADA, GUAM 96921 TEL: 475-1658/9 • FAX: 475-8007

RAY TENORIO LT. GOVERNOR OF GUAM

Sung Kook Kim

President Viba Recycling Inc. P.O. Box 11617 Tamuning, Guam 96931

RE: SOLID WASTE MANAGEMENT FACILITY PERMIT for PERMITTEE Viba Recycling Inc. Solid Waste Management Processing & Storage TYPE OF FACILITY Facility PROPERTY DESCRIPTION Lot #: 5103‐1, Finagyan St, Harmon PERMIT NO. 12‐009PRO/STO Ferrous, Non Ferrous metals, Air Conditioners, ACCEPTABLE WASTE and Batteries

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):

“ALL LIVING THINGS OF THE EARTH ARE ONE”

Page 2 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «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)

Page 3 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

Page 4 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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)

Page 5 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

10.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

12.

13.

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) 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.

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

Page 6 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

accessible to employees. (Section 23305 of GSWDRR)

14.

15.

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) 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:

Page 7 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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)

Page 8 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

18.

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).

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;

Page 9 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

20.

21.

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 23104(e)(3) of GSWDRR)

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)

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

Page 10 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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)

Page 11 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

2.

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)

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)

Page 12 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

3.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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

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

4.

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.

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:

Page 13 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

5.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

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.

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:

7.

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.

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,

Page 14 of 14 PERMITTEE TYPE OF FACILITY PROPERTY DESCRIPTION PERMIT NO.

8.

«NAME_OF_FACILITY» «DBA» Solid Waste Management Processing & Storage Facility Lot #: 5103-1, «Physical_Location_Lot__ETC» «Permit_»«Type»

provide copy of Notification of Termination of Lease to Guam EPA. (Section 23104(e)(3) of GSWDRR)

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