Chapter 45

10 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT CHAPTER 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT Article 1. Guam Environmental Protection Agency. Article 2. Guam Environmental Trust Fund. ARTICLE 1 GUAM ENVIRONMENTAL PROTECTION AGENCY § 45101. Short Title. § 45102. Statement of Policy and Purpose. § 45103. Guam Environmental Protection Agency. § 45104. Administration. § 45105. Powers and Duties. § 45106. Rules and Regulations. § 45107. Abolishment of Water and Air Pollution Co ntrol Commissions. § 45108. Assistance by Governmental Agencies. § 45109. Transfer of Officers and Employees. § 45110. Transfer of Assets, Records and Operationa l Appropriations. § 45111. Definitions. § 45101. Short Title. This Chapter shall be known as the Guam Environment al Protection Agency Act. SOURCE: GC § 57000. § 45102. Statement of Policy and Purpose. It is hereby declared to be the public policy of t his territory of Guam that a high quality environment be maintain ed at all times to guarantee an enjoyable life for all people at present and in the future, and that environmental degradation o f the quality of land, water and air by any pollutants, including all physical,

times to guarantee an enjoyable life for all people at present and in the future, and that environmental degradation o f the quality of land, water and air by any pollutants, including all physical, chemical and biological agents, should not be allow ed. To these ends, it is the purpose of this Act to pr ovide a united, integrated and comprehensive territory-wide program of environmental protection and to provide a framework to fulfill that task. COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT SOURCE: GC § 57001. § 45103. Guam Environmental Protection Agency. There is hereby created a Guam Environmental Protec tion Agency, hereinafter referred to as the Agency. The management of the Agency shall be vested in a Board of Directo rs consisting of nine (9) members to be appointed by the Governor with the advice and consent of the Legislature. Members of the Board shall serve for a period of three (3) years each, e xcept that any member appointed to fill a vacancy prior to the exp iration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term.

ee (3) years each, e xcept that any member appointed to fill a vacancy prior to the exp iration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. The terms shall st agger so that three (3) members shall be appointed by the Governo r each year, except that in the year in which the law is enacted , the Governor shall appoint three (3) members for one (1) year; t hree (3) members for two (2) years; and three (3) members fo r three (3) years. The majority of the members of the Board sh all not be employees of the government of Guam. A chairman sh all be elected from among the members. Members of the Board shall be compensated at the rate of Fifty Dollars ($50) per meeting attended subject to a maximum of twenty (20) meetings per member per year. SOURCE: GC § 57002. NOTE: See 5 GCA Chapter 43 for restrictions imposed on s cheduling of the twenty meetings authorized here. 45104. Administration. (a) Administrator. The Board shall appoint an Admin istrator to administer matters of the Agency under the super vision of the Board. The Administrator shall not be a member of the Board and shall not have a right to vote.

Board shall appoint an Admin istrator to administer matters of the Agency under the super vision of the Board. The Administrator shall not be a member of the Board and shall not have a right to vote. The Administra tor shall be given the necessary authority and be held responsib le for the administration of the Agency in all its activities subject only to such policies as may be adopted and such orders as may be issued by the Board. (b) Deputy Administrator. The Board shall appoint a Deputy Administrator who shall not be member of the Board and shall not have a right to vote. The Deputy Adminis trator shall perform such functions as the Administrator desires during the COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT absence of the Administrator or in the event of a v acancy in the Office of the Administrator until such time that an other Ad- ministrator is appointed. (c) Secretary of the Board. The Secretary of the Board shall be appointed by the Administrator and confirmed by the Board. The Secretary shall be responsible for keeping reco rds of meetings and actions of the Board. (d) Qualifications, Duties, Tenure and Compensation .

ed by the Administrator and confirmed by the Board. The Secretary shall be responsible for keeping reco rds of meetings and actions of the Board. (d) Qualifications, Duties, Tenure and Compensation . The qualifications, duties, tenure and compensation of the Administrator, Deputy Administrator and Secretary s hall be such as the Board may by resolution determine necessary and desirable, provided that their salaries may not exc eed Twenty- Nine Thousand Dollars ($29,000), Twenty-Four Thousa nd Dollars ($24,000) and Fourteen Thousand Four Hundre d Dollars ($14,400) per annum, respectively. Other fringe be nefits such as leave, eligibility for hospital, dental, life insur ance and retirement, shall be decided by the Board, notwiths tanding any other laws to the contrary. SOURCE: GC § 57003, as amended by P.L. 14-114. § 45105. Powers and Duties. (a) The Guam Environmental Protection Agency shall be responsible for the implementation of (1) the Guam Food, Drug and Cosmetic Act, 10 GCA Chapter 40; (2) the Toxic Substances Exposure Compensation Act, 10 GCA Chapter 41; (3) the Guam Beverage Container Recycling Act of 2010, 10 GCA Chapter 44; (4) the Water Resources Conservation Act, 10

apter 40; (2) the Toxic Substances Exposure Compensation Act, 10 GCA Chapter 41; (3) the Guam Beverage Container Recycling Act of 2010, 10 GCA Chapter 44; (4) the Water Resources Conservation Act, 10 GCA Chapter 46; (5) the Water Pollution Control Act, 10 GCA Chapter 47; (6) the Toilet Facilities and Sewage Disposal Act, 10 GCA Chapter 48; COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT (7) the Air Pollution Control Act, 10 GCA Chapter 4 9; (8) the Guam Pesticides Act, 10 GCA Chapter 50; (9) the Solid Waste Management and Litter Control Act, 10 GCA Chapter 51; (10) the Water and Wastewater Operator’s Mandatory Certification Act, 10 GCA Chapter 52; (11) the Safe Drinking Water Act, 10 GCA Chapter 53 ; (12) the Guam Lead Ban Act, 10 GCA Chapter 53A; (13) the Environmental Pollution Control Act, 10 GC A Chapter 54; (14) the Guam Oil Spill Responder Act, 10 GCA Chapter 54A; (15) the Choose to Reuse: Munga Ma Ayek I Plastek Act of 2018, 10 GCA Chapter 54B; (16) the Underground Storage of Regulated Substance s Act, Article 1 of 10 GCA Chapter 76; and (17) the Aboveground Storage of Regulated Substances Act, Article 2 of 10 GCA Chapter 76.

A Chapter 54B; (16) the Underground Storage of Regulated Substance s Act, Article 1 of 10 GCA Chapter 76; and (17) the Aboveground Storage of Regulated Substances Act, Article 2 of 10 GCA Chapter 76. (b) The Guam Environmental Protection Agency shall publish all Notices of Violation, Orders of Complia nce, Notices of Defense, Voluntary Compliance Agreements of the Guam Pesticides Act and the Guam Beverage Container Recy cling Act of 2010, Settlement Agreements, and Referrals to th e Office of Attorney General for Prosecution no later than fifteen (15) days from service, and shall report all settlement agreements to the GEPA Board of Directors at the next scheduled regul ar board meeting. SOURCE: GC § 57004, as amended by P.L. 14-022:3 (Apr. 22, 1997). Amended by P.L. 32-100:9 (Nov. 28, 2013). Amended b y P.L. 35-006:2 (April 5, 2019). 2021 NOTE: P.L. 35-115:3 (Dec. 11, 2020) repealed the Guam Lea d Ban Act, referenced in subsection (a)(12), which wa s formerly codified at Chapter 53A of 10 GCA. P.L. 35-115:2 reenacted Chap ter 53A as the Safe Drinking Water Act. COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT 2019 NOTE: Subsection designations

of 10 GCA. P.L. 35-115:2 reenacted Chap ter 53A as the Safe Drinking Water Act. COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT 2019 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. The references in subsections (a)(16) and (17) were altered to correspond to codification of Articles 1 and 2 of Chapter 76. The manifest error from P.L. 35-006:2, reflected in subsection (a)(17), was corrected by the Compiler pursuant to the authority of 1 GCA § 1606. 2014 NOTE: P.L. 32-100:10 stated: The Board of Directors of the Guam Environmental Protection Agency shall within one hundred twenty days (120) of the date of enactment of this Act int o public law submit to I Liheslaturan Guåhan, via a duly adopted resolution, a proposed operational plan tha t shall include the budget request for the implementation of this Act and that shall address the deposit fees and tipping fees as it relates to the recycling program activities implemented by the Guam Solid Waste Management Authority or the Receiver appointed by the United States District Court of Guam with the intent of reducing the overall cost to consumers.

am activities implemented by the Guam Solid Waste Management Authority or the Receiver appointed by the United States District Court of Guam with the intent of reducing the overall cost to consumers. CROSS REFERENCE: See Chapters 52 and 53 for GEPA’s additional powers and duties. § 45106. Rules and Regulations. Notwithstanding the provisions of 5 GCA Chapter 9, rule- making procedures under the Administrative Adjudica tion Act, the Agency is hereby authorized and directed to ado pt, amend and repeal rules and regulations implementing and c onsistent with the powers and duties vested in the Agency pur suant to § 45105; provided, however, that no action taken with respect to such rules and regulations shall be effective unles s such action is first presented to and approved by the Legislature. If, after forty- five (45) calendar days, the Legislature has not ex pressly approved or rejected such action, or any part there of, by a resolution duly adopted or by eleven (11) members o f the Legislature, such action or any part thereof not ex pressly rejected shall be deemed to be approved. SOURCE: GC § 57005, as amended by P.L. 14-22. § 45107.

y adopted or by eleven (11) members o f the Legislature, such action or any part thereof not ex pressly rejected shall be deemed to be approved. SOURCE: GC § 57005, as amended by P.L. 14-22. § 45107. Abolishment of Water and Air Pollution Con trol Commissions. COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT The Water Pollution and Control Commission and the Air Pollution Commission, established pursuant to Chapt er XI and Chapter XII of Title X of the Government Code of Gu am are hereby abolished. SOURCE: GC § 57006. § 45108. Assistance by Governmental Agencies. Office space and housekeeping functions shall be pr ovided by the Department of Public Health and Social Servi ces and other logistic support shall be provided by the Dep artment of Administration. The services and facilities of dep artments, agencies and instrumentalities of the government of Guam may be made available to the Agency in the exercise of its functions to the extent allowed by law. SOURCE: GC § 57007. § 45109. Transfer of Officers and Employees. All officers and employees of the Water Pollution C ontrol Commission, the Air Pollution Control Commission, D epartment of Public

aw. SOURCE: GC § 57007. § 45109. Transfer of Officers and Employees. All officers and employees of the Water Pollution C ontrol Commission, the Air Pollution Control Commission, D epartment of Public Health and Social Services, the Public Ut ility Agency of Guam and the Department of Agriculture who have performed exclusively the functions transferred by § 45105 of this Chapter shall be transferred to the Agency. SOURCE: GC § 57008. § 45110. Transfer of Assets, Records and Operationa l Appropriations. The balance of all unexpended appropriations and al l assets, property and records of the Guam Water Pollution Co ntrol Commission, the Air Pollution Control Commission, t he Department of Public Health and Social Services, th e Public Utility Agency of Guam or the Department of Agricul ture used or to be used for the functions transferred pursuan t to § 45105 of this Chapter shall be transferred to the Agency. SOURCE: GC § 57009 . § 45111. Definitions. COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT Except as provided in or where otherwise clearly i ndicated by the content, the following definitions shall app ly throughout this Part: (a) Agency

FETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT Except as provided in or where otherwise clearly i ndicated by the content, the following definitions shall app ly throughout this Part: (a) Agency means the Guam Environmental Protection Agency; and (b) Administrator means the Administrator of the Guam Environmental Protection Agency. SOURCE: GC § 57010. 2014 NOTE: Subsection designations were altered by the Compi ler pursuant to the authority granted by 1 GCA § 1606. ---------- ARTICLE 2 GUAM ENVIRONMENTAL TRUST FUND § 45200. Guam Environmental Trust Fund. § 45201. Use of Funds and Keeping a Safe and Health y Environment. § 45202. Authorized Expenditure and Emergency Decla ration § 45203. Submission of Detailed Report of Expenditu res on a Quarterly Basis § 45200. Guam Environmental Trust Fund. (a) There is hereby created, separate and apart fr om other funds of the government of Guam, a fund known as th e Guam Environmental Trust Fund ('Fund'). The Fund shall not be commingled with the General Fund and shall be kept in a separate bank account, subject to legislative appro priation, to be used by the Administrator of the Guam Environmental Protection Agency ('Administrator') to

the General Fund and shall be kept in a separate bank account, subject to legislative appro priation, to be used by the Administrator of the Guam Environmental Protection Agency ('Administrator') to clean up haz ardous materials and restore and repair damage done to Gua m's environment, as well as to collect, transport, proc ess and dispose of household waste in accordance with the provision s of the Ordot Dump Consent Decree Supplemental Environmenta l Project (SEP). (b) The Fund shall be financed by the collection of a two percent (2%) assessment fee on all commercial and i ndustrial COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT liability insurance premiums paid in Guam for the c overage of companies or individuals. Such fees shall be colle cted from the insurance companies providing such coverage on Guam . (c) For purposes of this section, commercial and industrial liability insurance is defined as liability or inde mnity insurance against injury to third persons, with the insured b eing engaged in commercial or industrial activities within Guam, su ch activities being included in the definition of business and en gaging in business

st injury to third persons, with the insured b eing engaged in commercial or industrial activities within Guam, su ch activities being included in the definition of business and en gaging in business defined in § 26101 (a), Title 11, Guam Cod e Annotated. (d) The Department of Revenue and Taxation (the Department) shall collect such fees and transmit th em to the Treasurer of Guam for deposit in the Fund. The Dep artment shall: (1) Develop the necessary forms and instructions to be sent to all insurance companies issuing commercial and industrial liability insurance. Such forms and ins tructions shall direct these insurance companies to pay the t wo percent (2%) assessment as a condition of continuin g to do business of Guam; (2) Act as the repository for the Fund for use by t he Administrator in carrying out the purpose of the Fu nd. (e) The Administrator shall be the disbursing and certifying officer for the Fund, and shall comply with the pro visions of Chapter 14 of Title 46, Guam Code Annotated. The D irector of Administration shall maintain appropriate records o f the Fund and shall provide accounting and auditing services for the Fund. SOURCE: Added by P.L. 21-10:2.

6, Guam Code Annotated. The D irector of Administration shall maintain appropriate records o f the Fund and shall provide accounting and auditing services for the Fund. SOURCE: Added by P.L. 21-10:2. Subsection (a) amended by P .L. 26- 154:2; further amended by P.L. 26-29:V:15. 2014 NOTE: Subsection designations were altered in subsectio n (d) to adhere to the Compiler’s alpha-numeric scheme pursu ant to the authority granted by 1 GCA § 1606. § 45201. Use of Funds and Keeping a Safe and Health y Environment. Up to Twenty-five percent (25%) of the funds in the Guam Environmental Trust Fund may be utilized by the Adm inistrator of the Guam Environmental Protection Agency for pro grams COL6/24/202110 GCA HEALTH AND SAFETY CH 45 GUAM ENVIRONMENTAL PROTECTION AGENCY ACT relative to the prevention of environmental problem s, and the promotion of keeping a safe and healthy environment . SOURCE: Added by P.L. 26-154:3. § 45202. Authorized Expenditure and Emergency Declaration. Notwithstanding § 45200(a) of this Chapter, the Administrator of the Guam Environmental Protection Agency is hereby authorized to spend no more than Five Thousa nd Dollars ($5,000.00) for the purposes of assessment,

§ 45200(a) of this Chapter, the Administrator of the Guam Environmental Protection Agency is hereby authorized to spend no more than Five Thousa nd Dollars ($5,000.00) for the purposes of assessment, cleanin g up hazardous materials and restoring and repairing dam ages done to the Guam environment per declaration, without legis lative appropriation; provided, that an Emergency Declarat ion has been declared by I Maga =lahen Guåhan [the Governor]. SOURCE: Added by P.L. 26-154:4. § 45203. Submission of Detailed Report of Expenditu res on a Quarterly Basis. The Administrator of the Guam Environmental Protect ion Agency shall submit to I Liheslaturan Guåhan and I Maga'lahen Guåhan a detailed report of the expenditures of the Guam Environmental Trust Fund on a quarterly basis. SOURCE: Added by P.L. 26-154:5. NOTE: P,L, 26-154:6 amends uncodified § 4 of P.L. 21-10 (which enacted § 45200 of this Article) to read: The Att orney General of Guam shall take all necessary action to recover damages from the parties responsible for environmental damages to governmen t and private property. Any damages collected as a result shall, after deducting legal costs, be deposited into the Fund.

r damages from the parties responsible for environmental damages to governmen t and private property. Any damages collected as a result shall, after deducting legal costs, be deposited into the Fund. ---------- COL6/24/2021