Chapter 53

10 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 1 CHAPTER 53 GUAM SAFE DRINKING WATER ACT NOTE: This Chapter is taken from Chapter X of Title XII o f the Government Code, added by P.L. 14-90. SOURCE: Repealed and reenacted by P.L. 35-115:2 (Dec. 11, 2020). § 53101. Title. § 53102. Definitions. § 53103. Statement of Policy. § 53104. Drinking Water Standards. § 53105. Design and Construction Standards. § 53106. Right of Entry and Inspection. § 53107. Bottled Water Companies. § 53108. Water Vending Machines. § 53109. Hauled Water. § 53110. Rainwater Catchment Systems. § 53111. Sanitary Surveys. § 53112. Prohibition on Use, Sale, and Import of Le ad Pipes, Solder, and Flux. § 53113. Establishment of Interim Action Levels. § 53114. Ground Water Disinfection. § 53115. Laboratory and Sampler Certification. § 53116. Notification Requirements. § 53117. Consumer Confidence Reports. § 53118. Prohibited Acts. § 53119. Security of Water Systems. § 53120. Remedies. § 53121. Plan for Emergency Provision of Water. § 53122. Imminent Hazards. § 53123. Administration. § 53124. Safe Drinking Water Fund. § 53125. Severability. § 53101. Title.

stems. § 53120. Remedies. § 53121. Plan for Emergency Provision of Water. § 53122. Imminent Hazards. § 53123. Administration. § 53124. Safe Drinking Water Fund. § 53125. Severability. § 53101. Title. This Chapter shall be known as the Guam Safe Drinking Water Act. § 53102. Definitions. As used in this Chapter: COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 2 (a) Act means the Guam Safe Drinking Water Act. (b) Aquifer means a formation, group of formations, or part of a formation that contains sufficient satura ted permeable material capable of yielding significant quantities of usable potable water supply to wells or springs. (c) Backflow means the flow of water or other liquids, mixtures, or substances into a public water supply from any source or sources other than its intended source. B ack- siphonage resulting from negative pressure in the distribution system is one (1) type of backflow. (d) Board means the Board of Directors of the Guam Environmental Protection Agency. (e) Bottled water company means a business that produces drinking water in bulk or bottles for reta il or wholesale to the public.

the Board of Directors of the Guam Environmental Protection Agency. (e) Bottled water company means a business that produces drinking water in bulk or bottles for reta il or wholesale to the public. (f) Certified operator means an individual who has passed an examination that tests their knowledge, s kills, ability, and judgment as a water operator for a par ticular classification level of water treatment facility or water distribution system and has been certified and issu ed a certificate by Guam EPA. (g) Community water system or CWS means a public water system which serves at least fifteen (15) ser vice connections used by year-round residents of the are a served by the system or regularly serves at least twenty-f ive (25) year-round residents. (h) Consecutive system is a public water system that receives some or all of its finished water from one (1) or more wholesale systems. Delivery may be through a d irect connection or through the distribution system of on e (1) or more consecutive systems. (i) Contaminant means any physical, chemical, biological, or radiological substance or matter in water.

d irect connection or through the distribution system of on e (1) or more consecutive systems. (i) Contaminant means any physical, chemical, biological, or radiological substance or matter in water. (j) Cross-connection means any actual or physical connection or structural arrangement between a publ ic COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 3 water system and any other source or system through which it is possible to introduce into any part of the pu blic water system any used water, industrial fluid, gas, or ot her substance not meeting the drinking water quality st andards of these regulations. By-pass arrangements, jumper connections, removable sections, swivel or change o ver devices and other temporary or permanent devices th rough which 'backflow' can or may occur are considered to be cross-connections. A submerged inlet from a public water system into a water storage tank that may also stor e water from untreated source, such as rainwater catchment, is another example of a cross-connection. (k) Disinfection means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

rce, such as rainwater catchment, is another example of a cross-connection. (k) Disinfection means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents. (l) Distribution system or distribution facilities means any combination of pipes, tanks, tanker truck s, pumps, bottled water, etc. which delivers water fro m the source(s) and/or treatment facility(ies) to the con sumer. (m) Drinking water quality standards or standards means those primary or secondary drinking water regulations as promulgated by either Guam EPA or US EPA. (n) Endpoint devices means plumbing fittings and fixtures intended to dispense water from the domest ic water piping system for human ingestion. These devices in clude, but are not limited to, kitchen and bar faucets, la vatory faucets, water dispensers, drinking fountains, wate r coolers, glass fillers, residential refrigerator ice makers, supply stops, and endpoint control valves. (o) Federal Act means the Safe Drinking Water Act, Pub. L. 93-523 (Dec. 16, 1974, as amended and codif ied at 42 U.S.C. § 300f to 300j). (p) Federal Agency means any department, agency, or instrumentality of the United States.

afe Drinking Water Act, Pub. L. 93-523 (Dec. 16, 1974, as amended and codif ied at 42 U.S.C. § 300f to 300j). (p) Federal Agency means any department, agency, or instrumentality of the United States. (q) Guam EP A or GEP A means the Guam Environmental Protection Agency as established by 1 0 GCA COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 4 Chapter 45. (r) Guam EP A Administrator or Administrator means the Administrator of the Guam Environmental Protect ion Agency. (s) Human consumption means drinking, bathing, showering, hand washing, teeth brushing, food prepa ration, dish-washing, and maintaining oral hygiene. (t) Maximum Contaminant Level or MCL means the maximum permissible level of a contaminant in water which is delivered to any user of a public water sy stem. (u) National Primary Drinking Water Regulations means primary drinking water regulations promulgate d by the USEPA pursuant to the Federal Act. (v) National Secondary Drinking Water Regulations means secondary drinking water regulations promulga ted by the USEPA pursuant to the Federal Act. (w) Non-community water system means a public water system that is not a community water system.

ions means secondary drinking water regulations promulga ted by the USEPA pursuant to the Federal Act. (w) Non-community water system means a public water system that is not a community water system. A non- community water system is either a 'transient non- community water system (TWS)' or a 'non-transient n on- community water system (NTNCWS).' (x) Non-transient non-community water system or NTNCWS means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) m onths per year. (y) Person means any individual, corporation, company, association, partnership, municipality, th e government of Guam, or a federal agency (and includ es officers, employees, and agents of any corporation, company, association, municipality, the government of Guam, or a federal agency). (z) Plumbing, fittings , or fixtures means piping and endline devices intended to dispense water from a d omestic water piping system for human ingestion such as dom estic COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 5 piping, kitchen and bar faucets, lavatory faucets, water dispensers, drinking fountains,

r human ingestion such as dom estic COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 5 piping, kitchen and bar faucets, lavatory faucets, water dispensers, drinking fountains, water coolers, glas s fillers, residential refrigerator ice makers, supply stops, and endpoint control valves. (aa) Primary Drinking Water Regulation means a regulation which: (1) applies to public water systems; (2) specifies contaminants which, in the judgment of the Guam Environmental Protection Agency, may have any adverse effect on the health o f persons; (3) specifies for each contaminant either: (A) a maximum contaminant level if, as determined by Guam EPA, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems; or (B) if, as determined by Guam EPA, it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to Guam EPA which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of § 53104 of this Chapter; and (4) contains criteria and procedures to assure a supply of drinking water which dependably

tion in the level of such contaminant sufficient to satisfy the requirements of § 53104 of this Chapter; and (4) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including accepted methods for quality control and testing procedures to ensure compliance with such levels an d to ensure proper operation and maintenance of the system, and requirements as to: (A) the minimum quality of water which may be taken into the system; and (B) siting for new facilities for public water systems. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 6 (bb) Public Water System or PWS means a system for the provision to the public of water for human cons umption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connection s or regularly serves at least twenty-five (25) persons at least sixty (60) days out of the year. A public water sys tem is either a ‘‘community water system’’ or a ‘‘non-comm unity water system.’’ (1) The term 'Public Water System' includes: (A) any collection, treatment, storage, and distribution facilities under the control of

‘‘community water system’’ or a ‘‘non-comm unity water system.’’ (1) The term 'Public Water System' includes: (A) any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and (B) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (2) Any irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the syste m or the residential or similar users of the system comp lies with the following: (A) GEPA determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (B) GEPA determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through

or (B) GEPA determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 7 (cc) Rainwater catchment means a structure for the collection of rainwater. A rainwater catchment may be a public water system or a part of a public water sys tem if the water system meets the definition of public water s ystem. (dd) Sanitary Survey means an onsite review of the water source, facilities, equipment, operation, and maintenance of a public water system for the purpos e of evaluating the adequacy of such source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water. (ee) Secondary Drinking Water Regulation means a regulation which applies to public water systems an d which specifies the maximum contaminant levels which, in the judgment of the Guam EPA, are requisite to protect the public welfare.

ation means a regulation which applies to public water systems an d which specifies the maximum contaminant levels which, in the judgment of the Guam EPA, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water: (1) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use; or (2) which may otherwise adversely affect the public welfare. Such regulations may vary according to geographic and other circumstances. (ff) Substantial alteration of an existing public water system means any addition or replacement of two (2) inch o r larger pipe(s) at least two hundred (200) feet or longer t o be connected to an existing water piping system or, an y improvement or increase in the capacity of an exist ing public water system. (gg) Supplier of water means any person who owns or operates a public water system. (hh) Surface water means all water which is open to the atmosphere and subject to surface runoff. COL6/24/202110 GCA HEALTH AND SAFETY CH.

means any person who owns or operates a public water system. (hh) Surface water means all water which is open to the atmosphere and subject to surface runoff. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 8 (ii) Tamper means to introduce a contaminant into a public water system with the intention of harming p ersons or to otherwise interfere with the operation of a p ublic water system with the intention of harming persons. (jj) Transient non-community water system or TWS means a non-community water system that does not regularly serve at least twenty-five (25) of the sa me persons over six (6) months per year. (kk) Treatment Technique or TT means a required process intended to reduce the level of a contamina nt in drinking water. (ll) Underground injection means the subsurface emplacement of any material gaseous, liquid, or sol id or any admixture thereof, which may add a contaminant to underground waters. (mm) USEP A means United States Environmental Protection Agency. (nn) Wellhead protection area means the surface and subsurface area surrounding a water well or wellfie ld, supplying a public water system, through which contaminants are reasonably

otection Agency. (nn) Wellhead protection area means the surface and subsurface area surrounding a water well or wellfie ld, supplying a public water system, through which contaminants are reasonably likely to move toward a nd reach such water well or wellfield, or the area wit hin a one thousand (1,000)-foot radius of any potable water s upply well. (oo) Wholesale system is a public water system that treats source water as necessary to produce finishe d water and then delivers some or all of that finished wate r to another public water system. Delivery may be throug h a direct connection or through the distribution syste m of one (1) or more consecutive systems. § 53103. Statement of Policy. It is hereby declared to be the public policy of Gu am and the purpose of this Chapter to protect public water supplies from contamination and to require the provision of safe drinking water for public consumption in order to protect human he alth and safety to the greatest degree practicable. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 9 § 53104. Drinking Water Standards.

sumption in order to protect human he alth and safety to the greatest degree practicable. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 9 § 53104. Drinking Water Standards. (a) Guam EPA shall promulgate and enforce primary a nd secondary drinking water regulations to protect hea lth using technology, treatment techniques, and other means w hich are generally available. (b) Primary and secondary drinking water regulation s promulgated pursuant to this Chapter shall be no le ss stringent than the National Primary Drinking Water Regulation s and National Secondary Drinking Water Regulations in ef fect at that time. (c) Primary and secondary drinking water regulation s promulgated pursuant to this Chapter shall apply to each public water system in Guam, including those owned and ope rated by the government of Guam or federal agencies, unless it is a system: (1) which consists only of distribution and storage facilities and does not have any collection and tre atment facilities; (2) which obtains all of its water from, but is not owned or operated by, a public water system to whic h such regulations apply; (3) which does not sell water to any person; and (4)

ment facilities; (2) which obtains all of its water from, but is not owned or operated by, a public water system to whic h such regulations apply; (3) which does not sell water to any person; and (4) which is not a carrier which conveys passengers in interstate commerce. (d) Guam EPA shall adopt and implement procedures f or the enforcement of primary and secondary drinking w ater regulations, including monitoring, inspection, and recordkeeping procedures which are no less stringent than the Fed eral Act. (e) Guam EPA shall promulgate and enforce regulatio ns relating to cross-connection control and backflow p revention. The regulations shall establish minimum criteria th at must be met by all public water systems for the purpose of cross connection control and backflow prevention, and sha ll allow for the direct implementation by public water systems o f cross connection control and backflow prevention programs that meet COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 10 the established criteria. Direct implementation of a cross connection control and backflow prevention program by a public water system shall not prevent Guam EPA from enforc ing its

KING WATER ACT 10 the established criteria. Direct implementation of a cross connection control and backflow prevention program by a public water system shall not prevent Guam EPA from enforc ing its regulations against a public water system or any pe rson. (f) Guam EPA shall promulgate regulations establish ing an underground injection control program. Such prog ram shall prohibit any underground injection which is not aut horized by a permit issued by Guam EPA except that Guam EPA may authorize underground injection by regulation. Unde rground injection authorized by regulation shall not endang er drinking water sources. Any underground injection control pr ogram shall: (1) set standards and prohibitions controlling any underground injection if such injection may result in the presence of any contaminant in underground water wh ich supplies or may be expected to supply any public w ater system, and if the presence of such contaminant may result in such system not complying with any national prim ary drinking water regulations or may otherwise adverse ly affect the health of persons; (2) require, in the case of a program which authori zes underground injection by permit, that the

ational prim ary drinking water regulations or may otherwise adverse ly affect the health of persons; (2) require, in the case of a program which authori zes underground injection by permit, that the applicant for the permit satisfy the Guam EPA Administrator that the underground injection will meet the requirements of Subsection (f)(1) of this Section; (3) conform to all requirements of the Federal Act and any applicable regulations promulgated thereunder; and (4) include inspection, monitoring, recordkeeping, and reporting requirements. (g) Following the date on which the USEPA determine s that a primary drinking water regulation is to take effect, the Guam EPA may allow up to two (2) additional years t o comply with a maximum contaminant level or treatment techn ique if the Guam EPA (in the case of an individual system) dete rmines that additional time is necessary for capital improvemen ts. § 53105. Design and Construction Standards. Guam EPA shall promulgate regulations governing the COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 11 design, construction, and substantial alteration of a public water system.

m EPA shall promulgate regulations governing the COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 11 design, construction, and substantial alteration of a public water system. Plans and specifications for the constructi on or substantial alteration of a public water system sha ll be submitted to the Guam EPA Administrator for approval in the f orm and manner specified in regulations adopted by the Guam EPA. § 53106. Right of Entry and Inspection. (a) The Guam EPA Administrator or authorized representative may enter and inspect a public water system, and may take water samples, whether or not the Guam EPA Administrator has evidence that the system is in vi olation of applicable rules and regulations. (b) The Guam EPA Administrator or authorized representative may enter and inspect locations wher e lead pipes, plumbing fittings, or fixtures are distributed or s old, offered for distribution or sale, or held for distribution or s ale. § 53107. Bottled Water Companies. The Guam EPA may promulgate separate regulations fo r monitoring and other requirements specifically for bottled water companies. § 53108. Water Vending Machines.

e. § 53107. Bottled Water Companies. The Guam EPA may promulgate separate regulations fo r monitoring and other requirements specifically for bottled water companies. § 53108. Water Vending Machines. The Guam EPA may promulgate separate regulations fo r monitoring and other requirements specifically for water vending machines. § 53109. Hauled Water. Guam EPA may promulgate regulations pertaining to requirements for the bulk transport and delivery of water for human consumption. § 53110. Rainwater Catchment Systems. The Guam EPA may promulgate separate regulations fo r monitoring and other requirements specifically for rainwater catchment systems. For the purpose of this Chapter, a rainwater catchment system is classified as a surface water s ystem unless it meets requirements as may be specified by Guam EPA by regulation to allow classification as a groundwater system. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 12 § 53111. Sanitary Surveys. (a) Guam EPA shall develop potable water sanitary s urvey criteria to evaluate the adequacy of the water syst em, its sources and operations, and the distribution of safe drinki ng water.

ry Surveys. (a) Guam EPA shall develop potable water sanitary s urvey criteria to evaluate the adequacy of the water syst em, its sources and operations, and the distribution of safe drinki ng water. (b) Guam EPA may establish criteria for the certifi cation of qualified third party surveyors to conduct sanit ary surveys. (c) Guam EPA may develop a Composite Correction Program (CCP) to optimize the particle removal from water treatment facilities to maximize public health prot ection from microbial contamination. A CCP shall include the fo llowing components: (1) Comprehensive Performance Evaluation, which is the thorough review and analysis of a water treatme nt plant performance based on capabilities and associated administrative, operation and maintenance practices ; and (2) Comprehensive Technical Assistance, which is th e performance improvement phase that is implemented i f the Comprehensive Performance Evaluation results indica te improved performance potential. § 53112. Prohibition on Use, Sale, and Import of Le ad Pipes, Solder, and Flux. (a) In General. (1) Prohibitions. (A) In general.

formance Evaluation results indica te improved performance potential. § 53112. Prohibition on Use, Sale, and Import of Le ad Pipes, Solder, and Flux. (a) In General. (1) Prohibitions. (A) In general. No person may use any pipe, any pipe or plumbing fitting or fixture, any solder, or any flux that is not lead-free in the installation or r epair of: (i) any public water system; or (ii) any plumbing in a residential or nonresidential facility providing water for human consumption. (B) Leaded joints. Subsection (a) of this Section shall not apply to leaded joints necessary for the repair of cast iron pipes. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 13 (2) Public Notice Requirements. (A) In general. Each owner or operator of a public water system shall identify and provide noti ce in a manner and form prescribed by the Guam EPA Administrator to persons that may be affected by le ad contamination of their drinking water where such contamination results from either or both of the following: (i) the lead content in the construction materials of the public water distribution system; (ii) corrosivity of the water supply sufficient to cause leaching of lead.

either or both of the following: (i) the lead content in the construction materials of the public water distribution system; (ii) corrosivity of the water supply sufficient to cause leaching of lead. (B) Contents of Notice. Notice under this Paragraph shall provide a clear and readily understandable explanation of: (i) the potential sources of lead in the drinking water; (ii) potential adverse health effects; (iii) reasonably available methods of mitigating known or potential lead content in drinking water; (iv) any steps the system is taking to mitigate lead content in drinking water; and (v) the necessity for seeking alternative water supplies, if any. (3) Unlawful Acts. It shall be unlawful for: (A) any person to introduce into commerce any pipe, or any pipe or plumbing fitting or fixture, t hat is not lead-free, except for a pipe that is used in manufacturing or industrial processing; (B) any person engaged in the business of selling plumbing supplies, except manufacturers, to sell so lder or flux that is not lead-free; or COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 14 (C) any person to introduce into commerce any solder or flux that is not

to sell so lder or flux that is not lead-free; or COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 14 (C) any person to introduce into commerce any solder or flux that is not lead-free unless the sol der or flux bears a prominent label stating that it is ill egal to use the solder or flux in the installation or repai r of any plumbing providing water for human consumption. (4) Exemptions. The prohibitions in Subsections (a)(1) and (a)(3) of this Section shall not apply t o: (A) pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are u sed exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; o r (B) toilets, bidets, urinals, fill valves, flushome ter valves, tub fillers, shower valves, service saddles , or water distribution main gate valves that are two (2 ) inches in diameter or larger. (b) Authority to inspect, require testing, and miti gation. (1) Guam EPA may promulgate regulations to implement the requirements of this Section.

lves that are two (2 ) inches in diameter or larger. (b) Authority to inspect, require testing, and miti gation. (1) Guam EPA may promulgate regulations to implement the requirements of this Section. (2) Guam EPA may promulgate regulations to certify person(s) to conduct sampling for the purpose of co mplying with this Section. (3) Guam EPA may require any person to remove new or existing pipe, plumbing fitting or fixture, any solder, or any flux in order to comply with this Section. (4) Guam EPA may confiscate, destroy, or order any person to destroy or return ship any products, supp lies, or materials not in conformance with this Section. Any person so ordered shall be required to provide written cer tification and documentary proof that said order has been carr ied out. § 53113. Establishment of Interim Action Levels. (a) Guam EPA, upon identifying a contaminant in a p ublic water system that may present an unacceptable healt h risk to the public, may establish interim action levels for con taminants for COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 15 which maximum contamination levels have not been es tablished by the USEPA.

ish interim action levels for con taminants for COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 15 which maximum contamination levels have not been es tablished by the USEPA. Guam EPA may utilize federal drinking water guidelines as well as guidelines issued by other st ates as interim action levels when appropriate. (b) Guam EPA shall establish an interim action leve l at a level below which risks have been determined by the Guam EPA to be acceptable. Risk assessment guidelines produc ed by the USEPA as well as other states may be utilized to de termine health risks from a chemical contaminant. When esta blishing an interim action level Guam EPA shall also consider w ater treatment or alternate remedial actions. (c) The adoption or modification of an interim acti on level must be approved by the Guam EPA Board in a public meeting, only after the completion of all of the following r equirements: (1) Guam EPA shall make available to the public for review and comment a draft risk assessment document describing the technical and scientific methods and parameters utilized to determine the interim action level.

all make available to the public for review and comment a draft risk assessment document describing the technical and scientific methods and parameters utilized to determine the interim action level. The draft risk assessment may reference risk assess ments, drinking water health advisories, or similar scient ific documentation issued by the USEPA or other states, when appropriate. (2) Guam EPA shall hold a public hearing for the consideration, adoption, or modification to an inte rim action level. Notice of a public hearing shall indicate th e time, date, and place for such hearing and shall be publi shed at least once a week for two (2) consecutive weeks in a newspaper of general circulation, with the final no tice being published at least seven (7) days prior to the date of the proposed hearing. The notice must state the availab ility and location of the draft risk assessment document. 3) Guam EPA shall consider all comments received relating to the risk assessment and revise an inter im action level if necessary. All comments received by the Gu am EPA shall be made available to the public for review.

nsider all comments received relating to the risk assessment and revise an inter im action level if necessary. All comments received by the Gu am EPA shall be made available to the public for review. (d) The Guam EPA, upon designating an interim actio n COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 16 level for a contaminant, shall take such actions ne cessary to protect the health of the public including, but not limited to, requiring Public Water Systems to: (1) issue guidance as may be necessary to protect t he health of persons (including travelers) who are or may be users of a contaminated water supply system; and (2) notify the public through the media of the establishment of an interim action level. § 53114. Ground Water Disinfection. The Guam EPA Administrator may require disinfection as a treatment technique for ground water systems. § 53115. Laboratory and Sampler Certification. (a) No laboratory shall perform the test and analys es required by the Guam EPA Administrator pursuant to this Chapter for any public water system without first o btaining a certificate issued by the Guam EPA Administrator th at such laboratory is competent and equipped

Guam EPA Administrator pursuant to this Chapter for any public water system without first o btaining a certificate issued by the Guam EPA Administrator th at such laboratory is competent and equipped to conduct suc h tests. (1) Certificates shall be renewed every three (3) y ears after the date of issuance. (2) The Guam EPA Administrator may revoke any certificate upon determination that the laboratory is no longer competent or equipped to conduct such tests or analyses. (b) The Guam EPA may promulgate regulations to cert ify laboratories through reciprocity on the basis of ce rtification by other states. (c) Certification of Samplers. The GEPA may promulg ate regulations establishing minimum qualifications, tr aining, certification requirements, fees, and rules of cond uct for persons authorized by GEPA to collect water samples for the purpose of determining compliance with this Chapter. (1) Sampler certificates shall be renewed annually after the date of issuance. (2) The Guam EPA Administrator, in addition to any COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 17 other remedy authorized under this Chapter, may rev oke any sampler certification upon a

Administrator, in addition to any COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 17 other remedy authorized under this Chapter, may rev oke any sampler certification upon a finding that a sam pler has falsified any sample or other information submitted to GEPA, has violated any rules of conduct established under Subsection (c) of this Section, or has demonstrated a lack of competence as determined by the Guam EPA Administra tor. (3) A sampler who has had their sampler certificati on revoked under Subsection (c)(2) of this Section may only reapply and be certified again by Guam EPA as follo ws: (A) If the certification was revoked for reason of incompetence, a person must wait at least one (1) y ear after the effective date of revocation to reapply. (B) If the certification was revoked for reason of violation of a rule of conduct established under Subsection (c) of this Section, a person must wait at least five (5) years after the effective date of re vocation to reapply. (C) If the certification was revoked for reason of submittal of a falsified sample or other falsified information, a person shall not be eligible to reap ply for a sampler certification.

to reapply. (C) If the certification was revoked for reason of submittal of a falsified sample or other falsified information, a person shall not be eligible to reap ply for a sampler certification. (D) A person who has had their sampler certification revoked more than once for any reason shall not be eligible to reapply for a sampler certification. § 53116. Notification Requirements. Each owner or operator of a public water system mus t give notice to the Guam EPA Administrator and any person s served by the water system in a form and manner prescribed by regulation by Guam EPA for: (a) all violations of any applicable standard, trea tment technique, or testing procedure requirement of the primary drinking water regulations; (b) all violations of any monitoring required by regulations adopted by the Guam EPA; COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 18 (c) emergency disinfection information, for natural disasters and other circumstances as determined by Guam EPA; or (d) other situations, as described in regulations promulgated under this Chapter. § 53117. Consumer Confidence Reports.

on, for natural disasters and other circumstances as determined by Guam EPA; or (d) other situations, as described in regulations promulgated under this Chapter. § 53117. Consumer Confidence Reports. Every community water system shall provide consumer confidence reports in a form and manner as prescrib ed in regulations by Guam EPA. § 53118. Prohibited Acts. The following acts are prohibited: (a) failure by a supplier of water to comply with t he requirements of § 53116, or dissemination by any su pplier of water of false or misleading information with re spect to notices required pursuant to § 53116 or with respec t to remedial actions undertaken to achieve compliance w ith primary and secondary drinking water regulations; (b) failure by a supplier of water to comply with r ules and regulations adopted pursuant to this Chapter; (c) failure by any person to comply with any order issued pursuant to this Chapter; (d) failure by a supplier of water to allow any dul y authorized representative of Guam EPA to conduct inspections pursuant to this Chapter; (e) submission by any person of any false statement or representation in any application, record, repor t, plan, or other document

ntative of Guam EPA to conduct inspections pursuant to this Chapter; (e) submission by any person of any false statement or representation in any application, record, repor t, plan, or other document filed, or required to be filed by th is Chapter or rules and regulations adopted pursuant this Chap ter; (f) failure by a supplier of water to comply with t he requirements of a permit issued under this Chapter; (g) failure by any person to comply with the requirements or conditions of a sampler or laborato ry certification issued under this Chapter; COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 19 (h) tampering, attempting to tamper, or making a threat to tamper with a public water system; and (i) any unauthorized access to a public water syste m. § 53119. Security of Water Systems. (a) Guam EPA may promulgate regulations for the operation of public water systems, including, but n ot limited to, the prevention of tampering and ensuring the safety of water provided to users of public water systems. (b) Guam EPA may promulgate regulations requiring public water systems to develop, revise, and implem ent emergency response plans. § 53120. Remedies.

water provided to users of public water systems. (b) Guam EPA may promulgate regulations requiring public water systems to develop, revise, and implem ent emergency response plans. § 53120. Remedies. The Administrator may enforce this Chapter in eithe r administrative or judicial proceedings. (a) Administrative. If the Guam EPA Administrator determines that any person is violating any provisi on of this Chapter, or any rule or regulation promulgated unde r this Chapter, the Guam EPA Administrator may have that p erson served with a Notice of Violation and an Order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the foll owing: cease and desist from the violation; pay an administrativ e penalty not to exceed Thirty-two Thousand Five Hundred Doll ars ($32,500) per day for each violation; or appear bef ore the Administrator at a time and place specified in the order and answer to the charges complained of. The order shal l become final fifteen (15) days after service unless within those fifteen (15) days the alleged violator reques ts in writing a hearing before the Board.

to the charges complained of. The order shal l become final fifteen (15) days after service unless within those fifteen (15) days the alleged violator reques ts in writing a hearing before the Board. Upon such reque st, the Board shall specify a time and place for the allege d violator to appear. (1) When the Administrator issues an order for immediate action to protect the public health from an imminent and substantial danger, the Agency shall provide an opportunity for a hearing within twenty- four (24) hours after service of the order. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 20 (2) After a hearing pursuant to this Subsection before the Board, the Board may affirm, modify, or rescind the Administrator's order as appropriate. (3) Any person adversely affected by a decision of the Guam EPA Board may seek judicial review by filing a petition with the Superior Court of Guam i n accordance with the Administrative Adjudication Law , and by simultaneously serving the Guam EPA Administrator with a copy of the petition. The petitioner shall reimburse Guam EPA for the expense s associated with the preparation of the record for judicial review.

ltaneously serving the Guam EPA Administrator with a copy of the petition. The petitioner shall reimburse Guam EPA for the expense s associated with the preparation of the record for judicial review. (4) The Administrator may institute a civil action in any court of appropriate jurisdiction for the enforcement of any order issued pursuant to this Subsection. (b) Civil. (1) The Administrator may institute a civil action in the Superior Court of Guam for injunctive relief to prevent violation of any order or regulation issued pursuant to this Chapter in addition to any other remedy provided for under this Section. (2) Any person who violates any provision of this Chapter, or any rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of thi s Chapter shall, in addition to clean-up costs and ot her damages, forfeit and pay a civil penalty of not mor e than Thirty-two Thousand Five Hundred Dollars ($32,500) per day for each violation or noncomplian ce. (c) Criminal. Any person who knowingly violates any provision of this Chapter, or any rule or regulatio n promulgated under

ive Hundred Dollars ($32,500) per day for each violation or noncomplian ce. (c) Criminal. Any person who knowingly violates any provision of this Chapter, or any rule or regulatio n promulgated under this Chapter, or who refuses or n eglects to comply with any lawful order issued by the Admin istrator in carrying out the provisions of this Chapter shal l, upon conviction, be imprisoned for a term of not more th an one COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 21 (1) year, and/or be fined not more than Thirty-two Thousand Five Hundred Dollars ($32,500) per day for each vio lation or noncompliance, and shall make restitution. (d) Nothing in this Chapter shall prevent the agenc y from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means . § 53121. Plan for Emergency Provision of Water. Guam EPA shall develop a plan for the provision of safe drinking water under emergency circumstances. When the Guam EPA Administrator determines that emergency circums tances exist in Guam with respect to a need for safe drink ing water, necessary action may be taken with the concurrence of the Governor of Guam to

EPA Administrator determines that emergency circums tances exist in Guam with respect to a need for safe drink ing water, necessary action may be taken with the concurrence of the Governor of Guam to implement the plan for safe dri nking water. § 53122. Imminent Hazards. Guam EPA may, upon learning that a contaminant is p resent in or is likely to enter a public water system and may present a potential imminent and substantial danger to the pu blic, take actions necessary to protect the health of the publ ic. The actions which Guam EPA may take include, but are not limite d to: (a) issuing such orders as may be necessary to prot ect the health of persons who are or may be users of su ch systems (including travelers); and (b) requesting that the Attorney General of Guam commence a civil or criminal action for appropriate relief, including a restraining order or permanent or tempo rary injunction. § 53123. Administration. Guam EPA is herein authorized to: (a) perform any and all acts necessary to carry out the purposes and requirements of this Chapter; (b) administer and enforce the provisions of this Chapter and all rules, regulations and orders promu lgated thereunder;

all acts necessary to carry out the purposes and requirements of this Chapter; (b) administer and enforce the provisions of this Chapter and all rules, regulations and orders promu lgated thereunder; COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 22 (c) enter into agreements, contracts, or cooperativ e arrangements with any person for the purpose of car rying out this Chapter; (d) receive financial and technical assistance from the federal government and other public or private agen cies to carry out the provisions of this Chapter; (e) participate in related programs of any public o r private agencies or organizations; (f) establish adequate fiscal controls and accounti ng procedures to ensure proper disbursement of and an accounting for funds appropriated or received for t he purpose of carrying out this Chapter; (g) delegate those responsibilities and duties as appropriate for the purpose of administering the requirements of this Chapter; (h) establish and collect fees for permits, plan reviews, sanitary surveys, inspections, sampling, s ampler certification, laboratory certification and analyse s as necessary for the purpose of carrying out this Chap

collect fees for permits, plan reviews, sanitary surveys, inspections, sampling, s ampler certification, laboratory certification and analyse s as necessary for the purpose of carrying out this Chap ter; (i) prescribe such regulations as necessary to carr y out functions under this Chapter; (j) make such investigations and inspections as may be necessary to ensure compliance with this Chapter ; and (k) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Cha pter. All authority given by this Chapter shall remain wi th the Guam Environmental Protection Agency. § 53124. Safe Drinking Water Fund. (a) There is established a non-lapsing, revolving f und to be known as the Safe Drinking Water Fund (Fund), which shall be maintained separate and apart from other funds of t he government of Guam, shall be kept in a separate ban k account, and shall not be subject to I Maga'håga’ s (the Governor’s) transfer authority. COL6/24/202110 GCA HEALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 23 (b) The Fund shall be administered by the Administr ator, and independent records and accounts shall be maint ained in connection with the Fund.

ALTH AND SAFETY CH. 53 GUAM SAFE DRINKING WATER ACT 23 (b) The Fund shall be administered by the Administr ator, and independent records and accounts shall be maint ained in connection with the Fund. All fees, fines, penaltie s, and other funds collected or received pursuant to this Chapte r shall be deposited in the Fund, and used only for the costs of administration and implementation of this Chapter; for providing staff and resources to assist PWS owners and operat ors with compliance assistance, plan review, sanitary survey s, and inspections for compliance with this Chapter; imple menting and enforcing the provisions of this Chapter, including legal support; preparing guidance and rules; administering the Fun d; database and administration; sample collection and analysis; public education and outreach; training and capacity devel opment for program staff and management; and any other duties needed to administer this Chapter. (c) All monies in the Safe Drinking Water Fund are hereby appropriated to Guam EPA to be expended in accordan ce with this Chapter. 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606 § 53125. Severability.

Fund are hereby appropriated to Guam EPA to be expended in accordan ce with this Chapter. 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606 § 53125. Severability. The provisions of this Chapter are severable. If an y provision or application of this Chapter is held in valid, such invalidity shall not affect other provisions or app lications of this Chapter that can be given effect without the invali d provision or application. ---------- COL6/24/2021