Chapter 76

10 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 1 CHAPTER 76 [STORAGE OF REGULATED SUBSTANCES ] Article 1. Underground Storage of Regulated Substa nces. Article 2. Aboveground Storage of Regulated Substa nces . ARTICLE 1 UNDERGROUND STORAGE OF REGULATED SUBSTANCES SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989), as Chapte r 88 Underground Storage of Hazardous Materials, renumbered by Compi ler as Chapter 76. Entire article repealed and reenacted by P.L. 30-036:1 (Ju ne 19, 2009). 2019 NOTE: Codified by the Compiler as Article 1 of Chapter 76 , pursuant to the authority granted by 1 GCA § 1606. § 76101. Title. § 76102. Statement of Purpose. § 76103. Definitions. § 76104. Powers and Duties of the Administrator. § 76105. Notification Requirement. § 76106. Tank Standards. § 76107. Secondary Containment System – Release Pre vention and Release Detection Standards. § 76108. Delivery Prohibition Requirements. § 76109. Operator Training. § 76110. Leak Detection and Record Maintenance. § 76111. Public Participation. § 76112. Notification and Reporting Requirements on Releases. § 76113. Corrective Action. § 76114. Underground Storage Tank Management Fund. § 76115.

ecord Maintenance. § 76111. Public Participation. § 76112. Notification and Reporting Requirements on Releases. § 76113. Corrective Action. § 76114. Underground Storage Tank Management Fund. § 76115. Financial Responsibility. § 76116. Closure. § 76117. Permit Requirements. § 76118. Inspection and Entry. § 76119. Confidentiality of Records. § 76120. Notice. § 76121. Hearings. § 76122. Injunction. § 76123. Applicability to Government Agencies. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 2 § 76124. Penalties. § 76101. Title. This Chapter shall be known as the 'Underground Storage of Regulated Substances Act.' § 76102. Statement of Purpose. The purpose of this Chapter is to: (a) establish a program to prevent contamination from s ubstances stored underground; (b) ensure that newly constructed underground storage t anks meet appropriate standards; (c) ensure that existing tanks be properly maintained, inspected, and tested by licensed and certified professionals; and (d) enact and establish regulations, guidelines, standa rds, and policies that ensure consistent cleanup of regulate d substances and mitigation of the damage they cause. § 76103.

professionals; and (d) enact and establish regulations, guidelines, standa rds, and policies that ensure consistent cleanup of regulate d substances and mitigation of the damage they cause. § 76103. Definitions. (a) Administrator means the Administrator of the Guam Environmental Protection Agency. (b) Agency means the Guam Environmental Protection Agency . (c) Board means the Board of Directors of the Guam Environmen tal Protection Agency. (d) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act, commonly called Su perfund, which was enacted by Congress on December 11, 1980, and amend ed by the Superfund Amendments and Reauthorization Act (SARA) on Octobe r 17, 1986. (e) Corrective Action means the investigation and cleanup of contamination from solid and hazardous waste sites, and includes action taken to minimize or mitigate the impact of a relea se from an Underground Storage Tank (UST) or tank system. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 3 (f) Gathering Lines means any pipelines, equipment, facility, or building used in the transportation of oil or gas d uring oil or gas production or

H. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 3 (f) Gathering Lines means any pipelines, equipment, facility, or building used in the transportation of oil or gas d uring oil or gas production or gathering operations. (g) Guarantor means any person, other than the owner or operator , who provides evidence of financial responsibility f or the UST. (h) Hazardous Substance Underground Storage Tank or Haz ardous Substance Underground Storage Tank System means a UST or tank system that contains a hazardous substance, as defined in Section 101(14) of the federal Comprehensive Environmental Response, Compe nsation, and Liability Act (CERCLA) of 1980, as amended, but not including any substance regulated as a hazardous waste under Subt itle C of the federal Resource Conservation and Recovery Act (RCRA), as a mended, or any mixture of such substances and petroleum, and which is not a petroleum UST or tank system. (i) Installation means to add or replace equipment. (j) Installation Permit means a written approval from the Administrator to construct, install, or put into pl ace, a UST system. (k) Maintenance means the operational upkeep to prevent a UST system from releasing product.

t means a written approval from the Administrator to construct, install, or put into pl ace, a UST system. (k) Maintenance means the operational upkeep to prevent a UST system from releasing product. (l) Motor Fuel means petroleum or petroleum-based substance that i s motor gasoline, aviation gasoline, No. 1 or No. 2 d iesel fuel, any grade of gasohol, any grade of ethanol, or any grade of bio- diesel and that is used to operate a motor engine. (m) Operate means to control or direct the function of a UST. (n) Operator means any person in control of, or who is responsib le for, the daily operation of a UST. (o) Owner means: (1) in the case of a UST system in use on November 8, 1 984, or brought into use on or after that date, any person who owns a UST system used for the storage, use or dispensing of r egulated substances; and (2) in the case of a UST system in use before November 8, 1984, but no longer in use after that date, any person wh o owned such UST system immediately before the discontinuation of it s use. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 4 (p) Permit means Installation Permit.

wned such UST system immediately before the discontinuation of it s use. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 4 (p) Permit means Installation Permit. (q) Person means an individual, trust, firm, corporation, part nership, consortium, joint venture, joint stock company, pol itical subdivision of a state, any interstate body, commercial entity, asso ciation, or agency, department, instrumentality of the Federal governme nt or the government of Guam, including, autonomous agencies or any other l egal entity. (r) Petroleum Marketing Facilities means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public. (s) Pipe or Piping means a hollow cylinder or the tubular conduit constructed of non-earthen materials. Pipe or Pipi ng includes elbows, couplings, unions, valves, or other inline fixtures , that contain and convey regulated substances from a UST to a dispenser. (t) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways and any associated equ ipment, facilities, or buildings.

y regulated substances from a UST to a dispenser. (t) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways and any associated equ ipment, facilities, or buildings. (u) RCRA means the Solid Waste Disposal Act of 1980, as ame nded by the Resource Conservation and Recovery Act of 19 84, as amended. (Public Law 87-272, Title II, §9001, as added Publi c Law 98-616, Title VI, §601(a), November 8, 1984, 98 Stat. 3277, and amend ed Public Law 99- 499, Title II, §205(a), October 17, 1986, 100 Stat. 1696; Public Law 102- 508, Title III, §302, October 24, 1992, 106 Stat. 3 307; Public Law 103-429, §7(d), October 31, 1994, 108 Stat. 4389; Public Law 109-58, Title XV, §1532(a), 1533(1), August 8, 2005, 119 Stat. 1104, 1105; 42 U.S.C. §6991c, et. Seq.) and regulations promulgated pursuant thereto. (v) Regulated Substance means any element, compound, mixture, solution, or substance that, when released into the environment, may create substantial danger to the public health, welfare, o r the environment. They include: (1) Any substance defined in Section 101(14) of CERCLA, Public Law 96-510, as amended, but not including any substance regulated as a hazardous

lic health, welfare, o r the environment. They include: (1) Any substance defined in Section 101(14) of CERCLA, Public Law 96-510, as amended, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA, also known as Public Law 94-580, as amended; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 5 (2) Petroleum, including crude oil or any fraction ther eof, which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute ); (3) Any grade of gasohol, ethanol, or bio-diesel; and (4) Any other substance as designated by the Administra tor. (w) Release means the spill, leak, emission, discharge, escape, leaching, or disposing of a regulated substance fro m a UST. (x) Secondary Containment refers to a component of a secondary containment system and means a UST and its piping h aving inner and outer barriers. (y) Tank means underground storage tank (UST). (z) Underground Storage Tank or UST means any one (1) or combination of tanks, including underground pipes c onnected thereto, used to contain an accumulation of regulated substances, and the volume of

) Underground Storage Tank or UST means any one (1) or combination of tanks, including underground pipes c onnected thereto, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipe s connected thereto, is ten percent (10%) or more beneath the surface of th e ground or water. § 76104. Power and Duties of the Administrator. The Administrator shall : (a) develop and administer a UST program for Guam pursu ant to this Chapter; (b) provide technical assistance to local and federal a gencies, and other persons, and cooperate with appropriate local agencies and private organizations in enforcing this Chapter; (c) serve as Guam’s official representative for all pur poses of Subtitle I of RCRA, also known as Public Law 94-580 , as amended, and for the purpose of any Guam or federal legislat ion that regulates USTs; (d) enact, modify, update, repeal, and enforce rules an d regulations governing UST design, construction, ins tallation, release detection and inventory control, compatibility, rec ord maintenance, reporting, corrective action, closure, and financia l responsibility in order to enforce this Chapter;

ion, ins tallation, release detection and inventory control, compatibility, rec ord maintenance, reporting, corrective action, closure, and financia l responsibility in order to enforce this Chapter; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 6 (e) establish the procedures for the issuance and revie w of permits governing the design, operation, and closur e of USTs; (f) enact and enforce other rules and regulations as ne cessary to establish a UST program, which meets the requiremen ts of Section 9004 of Subtitle I of RCRA; (g) issue, amend, rescind, and enforce orders as necess ary to ensure compliance with this Chapter or any rules an d regulations enacted pursuant hereto, including, but not limited to: (1) administrative penalty orders; (2) require corrective actions as may be necessary or appropriate to this Chapter; and (3) commence civil actions in the Superior Court of Gua m, including, actions for a temporary or permanent inj unction as needed to enforce this Chapter; (h) establish an effective enforcement system (that inc ludes, at a minimum, a field citation program) for the preventi on, control and abatement of UST pollution,

as needed to enforce this Chapter; (h) establish an effective enforcement system (that inc ludes, at a minimum, a field citation program) for the preventi on, control and abatement of UST pollution, including, specific con ditions under the permit requirements and delivery prohibition of pro duct to ineligible USTs and through all appropriate administrative and judicial courses of action; (i) establish a delivery prohibition program that descr ibes, at a minimum, the criteria and mechanism for prohibiting the delivery, deposit, and acceptance of product to any UST syste m; (j) develop and establish operator training program req uirements in cooperation with UST owners and operators; (k) issue, continue in effect, modify, revoke, reissue, or deny permits; (l) ensure that all permit holders comply with applicab le requirements mandated by Federal and Guam statutes or rules; and (m) establish, accept, receive, and administer grants a nd other funds or fees from public and private agencies, inc luding the Federal government, for carrying out any purpose of this Ch apter. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 7 § 76105.

d private agencies, inc luding the Federal government, for carrying out any purpose of this Ch apter. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 7 § 76105. Notification Requirement. (a) Except as otherwise provided in this Section, each owner of an underground storage tank shall notify the Agency in writing and shall specify the tank’s age, size, type, location, and u se. (b) For an underground storage tank that was taken out of operation on or before January 1, 1974, regardless of whether th e tank was removed from the ground, the owner is exempt from giving notice. (c) For an underground storage tank that was taken out of operation after January 1, 1974, but before November 8, 1984, and that was removed from the ground before May 8, 1986, the owner is ex empt from giving notice. (d) For an underground storage tank that was taken out of operation after January 1, 1974, but before November 8, 1984, and that was not removed from the ground before May 8, 1986, the own er shall specify the type and quantity of the substances that were store d in the tank immediately before it was taken out of operation.

at was not removed from the ground before May 8, 1986, the own er shall specify the type and quantity of the substances that were store d in the tank immediately before it was taken out of operation. These require ments are in addition to the requirements for the notice prescribed in Subse ction (a). (e) For an underground storage tank that was taken out of operation after November 8, 1984, but before December 22, 198 8, the Administrator shall require the owner to specify the age, size, locati on, and use of the tank, the type and quantity of the substances that were s tored in the tank immediately before it was taken out of operation, a nd the date the UST ceased operation. (f) An owner who brings an underground storage tank int o operation shall meet the notification requirements of this Section within thirty (30) days after the tanks are brought into operation. (g) A person who sells a tank for use as an underground storage tank shall notify the purchaser of the notice requirements of Subsection (f). (h) The notice required by this Section shall be made on forms prescribed by the Agency. § 76106. Tank Standards.

storage tank shall notify the purchaser of the notice requirements of Subsection (f). (h) The notice required by this Section shall be made on forms prescribed by the Agency. § 76106. Tank Standards. From the effective date of this Chapter until the e ffective date of new UST standards enacted hereunder, all new and existi ng USTs shall : COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 8 (a) prevent release of stored regulated substances due to corrosion or structural failure for the operational life of the tank; (b) be cathodically protected against corrosion, constr ucted of non-corrosive material, or designed to prevent the release of the stored regulated substance; and (c) be constructed and lined with materials compatible with the substance stored. § 76107. Secondary Containment System – Release Pre vention and Release Detection Standards. (a) The Administrator shall develop and implement a program that at least meets the minimum requirements of the 'Grant Guidelines to States for Implementing the Secondary Containment Provision of the Energy Policy Act of 2005' (EPA-510-R-06-001, November 2006) publ ished by U.S.

the minimum requirements of the 'Grant Guidelines to States for Implementing the Secondary Containment Provision of the Energy Policy Act of 2005' (EPA-510-R-06-001, November 2006) publ ished by U.S. EPA and any subsequent modifications thereto. (b) The Administrator shall require secondary containment on all existing, new or replaced UST and connected piping. (c) The Administrator shall require under-dispenser containment on all motor fuel dispenser systems. (d) The Administrator shall require that each existing, new, or replaced UST and piping have a secondary containmen t system and be monitored for leaks. § 76108. Delivery Prohibition Requirements. (a) The Administrator shall develop and implement a delivery prohibition program with processes and procedures t hat at least meets the requirements set forth in 'Grant Guidelines to Stat es for Implementing the Delivery Prohibition Provision of the Energy Policy Act of 2005' (EPA-510- R-06-003, August 2006) published by U.S. EPA and an y subsequent modification thereto. (b) The Administrator shall prohibit the delivery, deposit, or acceptance of regulated substances to a UST for bot h equipment and operational violations.

PA and an y subsequent modification thereto. (b) The Administrator shall prohibit the delivery, deposit, or acceptance of regulated substances to a UST for bot h equipment and operational violations. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 9 § 76109. Operator Training. The Administrator shall develop and administer an operator training program that is at least as stringent as the requir ements set forth in the 'Grant Guidelines to States for Implementing the Op erator Training Provision of the Energy Policy Act of 2005' (EPA-51 0-D-07-002, August 2006) published by U.S. EPA and any subsequent modi fication thereto. Operators shall participate in the UST operator training programs. § 76110. Leak Detection and Record Maintenance. (a) The owner and operator of a UST shall maintain a leak detection system that identifies releases dangerous to human health and the environment. (b) The owner or operator shall maintain systematic and complete records to demonstrate compliance with this Chapter and regulations enacted hereto. § 76111. Public Participation.

nd the environment. (b) The owner or operator shall maintain systematic and complete records to demonstrate compliance with this Chapter and regulations enacted hereto. § 76111. Public Participation. (a) Upon timely application, any person whose interests may be adversely affected by a release or threatened from a UST system shall be allowed to intervene as a right in any civil action when the applicant claims an interest relating to the property or transaction which is subject of the action, and the applicant is so situated that the d isposition of the action may as a practical matter impair or impede the applican t’s ability to protect that interest. (b) Any person may maintain an action for declaratory a nd equitable relief to restrain any violation of this Chapter. On a prima facia showing of a violation of this Chapter, a preliminary injuncti on shall be issued to restrain any further violation of this Chapter. No bond is required for an action under this Subsection. § 76112. Notification and Reporting Requirements on Releases. No later than twenty-four (24) hours after he/she suspects a rele ase from a tank or ancillary equipment has occurred, th e owner and the operator of

ification and Reporting Requirements on Releases. No later than twenty-four (24) hours after he/she suspects a rele ase from a tank or ancillary equipment has occurred, th e owner and the operator of a UST shall notify the Agency orally or in writing. Within fo urteen (14) days after he/she suspects a leak, the owner and op erator shall report to the Agency in writing regarding the substance released, the quantity released, the cause of the release, the time when the release occurred and the corrective action taken as of the date of the repor t. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 10 § 76113. Corrective Action. (a) The owner or operator of a UST shall stop a confirmed release within twelve (12) hours of confirmation or knowled ge that a release occurred. The owner and operator shall take corrective action in response to a release to protect human health and the environme nt, and shall restore the environment and the UST and/or pipeline facility to a condition acceptable to the Administrator. (b) The Administrator may require the owner and operato r to undertake corrective action, investigation, monitor ing, surveying, testing, and

facility to a condition acceptable to the Administrator. (b) The Administrator may require the owner and operato r to undertake corrective action, investigation, monitor ing, surveying, testing, and research necessary and appropriate to: (1) identify the existence and extent of the release; (2) identify the source and nature of the regulated sub stance involved; (3) evaluate the extent of the danger to human health, safety, welfare, and the environment; and (4) develop and implement a corrective action plan. (c) If the owner or operator does not take immediate action to complete actions under this Section and adequately complete the cleanup of a release or fails to comply with an order of the A dministrator, the Administrator may clean up the release or contract with a private entity to do so. (d) If the Administrator is authorized to act under Sub section (b) hereof, he/she may undertake such investigation, mo nitoring, surveying, testing, and other information gathering as he/she deems appropriate to identify the existence and extent of danger to huma n health, safety, welfare, and the environment.

on, mo nitoring, surveying, testing, and other information gathering as he/she deems appropriate to identify the existence and extent of danger to huma n health, safety, welfare, and the environment. In addition, the Administrato r may undertake or contract with a private entity to undertake such pl anning, fiscal, economic, engineering, and other studies and investigation he /she deems appropriate to plan and direct cleanup actions, and to recover the costs and legal costs thereof. § 76114. Underground Storage Tank Management Fund. There is hereby established a fund to be known as the 'Underground Storage Tank Management Fund,' hereafter referred t o as the UST-LUST COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 11 Fund, a non-lapsing, revolving fund which shall be maintained separate and apart from any other funds of the government of Gua m. (a) All fees, reimbursements, assessments, fines, f orfeitures, and other funds collected or received pursuant to this Chapter, shall be deposited in the UST-LUST Fund, and shall not lapse at the end of the fiscal year, but shal l rollover into the next fiscal year or until expend ed.

ted or received pursuant to this Chapter, shall be deposited in the UST-LUST Fund, and shall not lapse at the end of the fiscal year, but shal l rollover into the next fiscal year or until expend ed. Independent records and accounts shall be maintaine d in connection therewith. The UST-LUST Fund shall be kept in a ban k licensed to do business on Guam, and funds shall be paid out only upon a request for payment or requisition submitted by the Administrat or. All monies in the UST-LUST Fund are hereby appropriated to the Gu am Environmental Protection Agency (GEPA) to be expend ed in accordance with this part and are not subject to I Maga’låhi’s transfer authority. The Administrator shall comply with all existing reporting requirements by issuing a quarterly accounting of t he UST-LUST Fund to I Maga’lahen Guåhan, I Liheslaturan Guåhan , and the Office of Public Accountability . The Administrator shall ensure the UST-LUST Fund is in compliance with all existing statutes, r ules and regulations, codes, executive orders, and any other authority wh ich is applicable to GEPA and the use of the funds in the UST-LUST Fund pursuant to this Chapter.

th all existing statutes, r ules and regulations, codes, executive orders, and any other authority wh ich is applicable to GEPA and the use of the funds in the UST-LUST Fund pursuant to this Chapter. (b) The Administrator shall administer the UST-LUST Fund and make disbursements from the Fund: (1) to fund the implementation of actions authorize d by § 76113 of this Chapter; (2) to train Agency employees in the regulation of USTs and the response to the release of regulated substances from USTs; or (3) to fund the administration and implementation o f this Chapter, including, but not limited to, purchase of equipment, supplies, public outreach, and payment of personnel costs and service contracts arising from enforcement of this Chapter. SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989). Repealed a nd reenacted by P.L. 30-036:1 (June 19, 2009). Amended by P.L. 32-195:2 (Oct. 13, 2014). § 76115. Financial Responsibility. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 12 (a) All owners and operators of UST systems, within one hundred eighty (180) days of the effective date of this Cha pter, shall establish and maintain evidence of financial

OF REGULATED SUBSTANCES 12 (a) All owners and operators of UST systems, within one hundred eighty (180) days of the effective date of this Cha pter, shall establish and maintain evidence of financial responsibility, as p rovided for in this Section, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases a rising from the operation of underground storage tanks in at least the following per occurrence amounts: (1) For all owners or operators of petroleum undergroun d storage tanks that are located at petroleum marketing facil ities, or that own or operate five (5) or more tanks, or that handle an a verage of more than ten thousand (10,000) gallons of petroleum per mont h based on annual throughput for the previous calendar year: $2,000,0 00. (2) For all other owners or operators of petroleum unde rground storage tanks: $500,000. (b) Owners or operators of petroleum underground storag e tanks shall demonstrate financial responsibility for taking cor rective action and for compensating third parties for bodily injury and pr operty damage caused by accidental release arising from the operation of pe troleum

financial responsibility for taking cor rective action and for compensating third parties for bodily injury and pr operty damage caused by accidental release arising from the operation of pe troleum underground storage tanks in at least the following annual aggr egate amounts: (1) For owners or operators of four (4) or fewer tanks, an annual aggregate amount of $1,000,000. (2) For owners or operators of five (5) or more tanks, an annual aggregate amount of $2,000,000. (3) For owners and operators of ten (10) or more tanks, an annual aggregate amount of at least $2,000,000, or such ot her higher aggregate amount as set forth in regulations promulgated by t he Administrator. (c) Subject to the approval of the Administrator, an ow ner or operator of a UST shall establish evidence of financial responsibility by any one, or a combination of, the following methods in accordance with the rules and regulations promulgated by the Administrator: (1) commercial or private insurance, including, risk re tention group; (2) qualification as a self-insurer as specified in Sub section (f) of this Section; COL3/1/201910 GCA HEALTH AND SAFETY CH.

or: (1) commercial or private insurance, including, risk re tention group; (2) qualification as a self-insurer as specified in Sub section (f) of this Section; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 13 (3) a guarantee, surety bond, or letter of credit; or (4) any other reasonable and economically practicable m eans. (d) The Administrator shall not approve any financial responsibility method or combination of methods, unless the owner or operator has demonstrated that such method(s): (1) are valid and enforceable; (2) are issued by a provider that is qualified or licen sed in Guam; (3) do not permit cancellation without allowing the Administr ator to draw funds; (4) shall only be directly used for corrective action and third party liability costs; and (5) require the provider to notify the owner or operato r and the Administrator of any circumstances that would impai r or suspend coverage. (e) Surety bonds shall be payable to the Guam Environmental Protection Agency, to include costs and expenses of the cleanup of any release, as well as, damages incurred by the govern ment, consistent with the provisions of this Chapter.

the Guam Environmental Protection Agency, to include costs and expenses of the cleanup of any release, as well as, damages incurred by the govern ment, consistent with the provisions of this Chapter. Any bond filed with the Agency must be issued by a bonding company authorized to do business with in Guam. The Guam EPA is authorized to establish a special account, e scrow, standby trust, or other trust or account mechanism into which funds e stablished as financial assurance may be deposited when needed. Notwithsta nding any other provision of law, the Administrator may retain and use such amounts for the purposes for which the financial assurance was esta blished. (f) To qualify as a self-insurer, the UST system owner or operator shall: (1) demonstrate a tangible net worth of at least ten (1 0) times: (A) the total of the aggregate amount required in Subse ction (c) of this Section; (B) the sum of the corrective action cost estimates, th e current closure and post-closure care cost estimate s, and the amount of liability coverage required under this Ch apter; and COL3/1/201910 GCA HEALTH AND SAFETY CH.

ctive action cost estimates, th e current closure and post-closure care cost estimate s, and the amount of liability coverage required under this Ch apter; and COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 14 (C) the sum of plugging and abandonment cost estimates in effect for which a financial test is used to demons trate financial responsibility under this Chapter. (2) The owner or operator shall have a tangible net worth of at least $10,000,000. (3) The owner or operator shall meet the requirements set forth in 40 CFR 280.95. (g) The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the UST system owner or operator under this Section. Nothing in this Subsection shall be construed to limit any other territorial or federal statutory, contractual or common law liabil ity of a guarantor to its owner or operator, including, but not limited to, the liability of such guarantors for bad faith either in negotiating or i n failing to negotiate the settlement of any claim.

y of a guarantor to its owner or operator, including, but not limited to, the liability of such guarantors for bad faith either in negotiating or i n failing to negotiate the settlement of any claim. For the purpose of this Su bsection, the term 'guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for a n owner or operator pursuant to this Section. (h) Any claim costs incurred by the Agency for taking e mergency, preventive, corrective or enforcement action may be filed directly against the bonding company, the insurer, the guarantor, or any other person providing evidence of financial responsibility. Any amount co llected or awarded under this Subsection shall be paid into the Guam Environmental Protection Agency’s UST-LUST Fund. (i) An owner or operator of an UST system shall designate a person within Guam as his/her resident agent for service o f process, and such designation shall be filled in accordance with rules and regulation promulgated by the Agency. (j) The financial responsibility amounts required by th is Section, or any portion of such amount, may be satisfied by uti lization of the Guam Environmental

and regulation promulgated by the Agency. (j) The financial responsibility amounts required by th is Section, or any portion of such amount, may be satisfied by uti lization of the Guam Environmental Protection Agency’s UST-LUST Fund. § 76116. Closure. (a) The owner shall close a UST so as to prevent fu ture releases of regulated substances. The owner and operator shall comply with the release response provisions in this Chapter, and other requ irements promulgated by COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 15 the Administrator, before and during removals of th e USTs and tank systems. The Administrator shall adopt requirements for change-in-service and temporary closure and permanent closure of USTs and tank systems. (b) No later than one hundred eighty (180) calendar days following submission to the Guam Environmental Protection Age ncy of a Notice of Intent for permanent closure, all USTs containing r egulated substances must be physically removed from below ground surface. (c) An exception to requirements for removal may be considered based on extenuating circumstances, which may warra nt abandonment in- place for the UST.

physically removed from below ground surface. (c) An exception to requirements for removal may be considered based on extenuating circumstances, which may warra nt abandonment in- place for the UST. The extenuating circumstances su ch as, but not limited to, compromising the structural integrity of public inf rastructure, must be requested in written form and submitted to the Admi nistrator for consideration. Any exception granted by the Adminis trator shall relieve the owner of future liability, unless otherwise stated in the written exception to requirements . (d) GEPA shall cause the owner of any previously approved UST which is discovered to have been improperly abandon ed in-place to remove the improperly abandoned UST and any soil and/or gr oundwater contamination found to be caused by a release from the UST; and shall be mitigated by the owner as soon as reasonably possib le, but not to exceed one hundred eighty (180) calendar days or as may be dee med reasonable by the GEPA Administrator. This shall not apply to any UST s that previously received written approval to be abandoned in-place, and were properly abandoned in-place.

or as may be dee med reasonable by the GEPA Administrator. This shall not apply to any UST s that previously received written approval to be abandoned in-place, and were properly abandoned in-place. (e) Any UST discovered to have been abandoned in-pl ace without written approval from GEPA shall be removed as soon as reasonably possible, but not to exceed one hundred eighty (180 ) calendar days, or for a longer time as may be deemed reasonable by the GEPA Administrator; and any soil and/or groundwater contamination found to be caused by a release from the UST shall be mitigated as soon as reasonab ly possible. If ownership of the UST is unknown, uncertain, and disputed, the current owner of the land where the UST has been found shall be responsi ble for removal of the UST and any required mitigation. Nothing herein, ho wever, shall prohibit the owner of such land from pursuing any remedies a vailable in equity or at law against the party which previously owned and ab andoned in-place the UST in question if such party is subsequently ident ified. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 16 SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989).

he UST in question if such party is subsequently ident ified. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 16 SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989). Repealed and reenacted by P.L. 30-036:1 (June 19, 2009). Amended by P.L. 32-195:3 (Oct. 13, 2014). § 76117. Permit Requirements. (a) No person shall own, install, or operate a UST withou t a permit issued by the Administrator. An applicant for a per mit shall pay a permit processing fee prescribed by the regulations. For the purpose of this Chapter, and until such rul es and regulations describing the UST Fee Schedule has been adopted, a n interim annual fee of Two Hundred Fifty Dollars ($250.00) per tank shall be established as the permit fee and shall go into effect one hundred eighty (180) days after enactment of this Chapter. (b) Said permit shall be non-transferable and conditioned upon the observance of the laws of Guam and related rules an d regulations. (c) A permit holder shall apply for the renewal of each permit he/she holds, upon forms provided by the Administrator, not less than sixty (60) calendar days prior to the permit’s expiration.

ations. (c) A permit holder shall apply for the renewal of each permit he/she holds, upon forms provided by the Administrator, not less than sixty (60) calendar days prior to the permit’s expiration. (d) Each permit application and permit renewal applicat ion shall be submitted with evidence of financial responsibility , in a sum established by the Administrator by regulation. § 76118. Inspection and Entry. The Administrator may inspect all USTs at reasonabl e times to take corrective action or to ensure compliance with this Chapter and the rules and regulations enacted pursuant hereto. The Administr ator’s authority to inspect shall include, but is not limited, to the following: (a) requesting and obtaining from any owner or operator , and deliverer and guarantor of a UST, information relat ing to such tanks, their associated equipment, and their contents; (b) conducting any study or performance of monitoring, and testing of tanks, their associated equipment, or su rrounding soils, air, surface water, or groundwater; (c) inspecting and copying all records relating to the USTs; (d) inspecting and obtaining samples of regulated subst ances contained in the USTs; and COL3/1/201910

air, surface water, or groundwater; (c) inspecting and copying all records relating to the USTs; (d) inspecting and obtaining samples of regulated subst ances contained in the USTs; and COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 17 (e) taking corrective action or performing site assessm ent activities at the location of the UST. § 76119. Confidentiality of Records. Reports and records submitted to the Agency by any person on the ownership, installation, or operation of undergroun d storage tanks or tank systems shall be made available for inspection by the public dur ing established office hours, except as provided in thi s Section. Upon a showing satisfactory to the Agency that public disclosure o f records, reports, or information, or a particular part thereof, to which the Agency’s representative has access to under this Section wou ld divulge information entitled to protection under 5 GCA Chapter 10, Free dom of Information, the Agency shall consider the information or particular portion the reof to be confidential. No confidential information secured pursuant to this Section by any official or employee of the Agency within th e

cy shall consider the information or particular portion the reof to be confidential. No confidential information secured pursuant to this Section by any official or employee of the Agency within th e scope of, and of the official’s or employee’s employment in the preventi on, control, or abatement of releases from underground storage tanks or tank systems, shall be disclosed by the official or employee, with the fol lowing exceptions: the document or information may be disclosed to officer s, employees, or authorized representatives of the government of Gua m or of the United States, including, county government entities, who have been charged with carrying out this Chapter or Subtitle I of the Fede ral Resource Conservation and Recovery Act, or when relevant in any proceedin g under this Chapter. Where such information constitutes confidential bus iness information under federal law, it shall be submitted as such to federal entities. § 76120. Notice. Any notice or other official correspondence affecti ng the rights of any person under this Chapter shall be delivered by personal service, or sent by registered mail with a return receipt to the addres s of such person as shown by

rrespondence affecti ng the rights of any person under this Chapter shall be delivered by personal service, or sent by registered mail with a return receipt to the addres s of such person as shown by the Agency records. The return receipt, signed b y addressee, or his/her agent, shall be conclusive proof of delivery. § 76121. Hearings. (a) Any person who received an order from the Administr ator pursuant to this Chapter or any person whose permit application is disapproved by the Administrator may, within fiftee n (15) calendar days after receipt thereof, file with the Board a notice of intent to appeal and a verified petition describing the basis of such appe al. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 18 (b) The Board shall , not more than sixty (60) days after receipt of such notice of intent to appeal, hold a public hear ing at which the appellant may appear and present evidence supporting the peti tion. (c) The Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of e vidence in all such hearings.

ppear and present evidence supporting the peti tion. (c) The Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of e vidence in all such hearings. (d) The Board shall affirm, modify, or revoke the action appealed and shall notify the appellant of its decision not more than thirty (30) days after the hearing. Said notice shall be in writing and shall state the reasons for the decision. (e) Any person may appeal such decision by filing a ver ified petition in Superior Court of Guam within ten (10) days afte r he/she receives the notice required by Subsection (d) hereof. The peti tioner shall make a transcript of the proceeding at his/her expense. § 76122. Injunction. The Administrator may, in addition to the other pow ers conferred on him/her by this Chapter, file an action in the Supe rior Court of Guam to immediately restrain any violation or threatened vi olation of this Chapter or the rules and regulations enacted pursuant hereto. § 76123. Applicability to Government Agencies. All agencies of the government of Guam, and of the Government of the United States, shall comply with all of the provisions of this Chapter pursuant to

§ 76123. Applicability to Government Agencies. All agencies of the government of Guam, and of the Government of the United States, shall comply with all of the provisions of this Chapter pursuant to U.S. Public Law 94-580, RCRA, including permit requirements, with the exception of §§ 76114 and 76117(d). § 76124. Penalties. (a) A person who violates any provision of this Cha pter, or rules or regulations enacted pursuant hereto, or refuses or neglects to comply with an order issued by the Administrator to require compli ance with this Chapter, shall be guilty of a civil violation and shall be subject to a penalty of up to Sixteen Thousand Dollars ($16,000) for each tank fo r each day of each violation. (b) Any person with an interest that may be adverse ly affected by a violation of this Chapter may intervene as a matter of right in any civil action brought by the Administrator to require compliance with this Chapter. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 19 (c) A person who knowingly fails to notify the Admi nistrator pursuant to §§ 76105 or 76112, or who makes any false statem ent or representation in any UST notification, permit

EGULATED SUBSTANCES 19 (c) A person who knowingly fails to notify the Admi nistrator pursuant to §§ 76105 or 76112, or who makes any false statem ent or representation in any UST notification, permit application, or other document filed, maintained, or used for compliance with this Chapte r, shall be guilty of a civil violation. (d) Any person who denies, obstructs, or hampers th e entrance, inspection, or conduct or release response activity by a representative of the Agency at any building, place, site, facility, vehi cle, or structure that the representative is authorized to enter, or any inspe ctor who fails to provide information requested by the agency representative pursuant to § 76110 shall be guilty of a civil violation and shall be subject to a penalty of up to Sixteen Thousand Dollars ($16,000) for every day the person denies, obstructs or hinders the acquisition of, or fails to provide, th e information requested, as determined in a civil action in the Superior Court of Guam. (e) Each separate civil violation shall be subject to the following penalties: for the first, second and third offense, the violator shall be subject to a penalty of up to Sixteen Thousand Dollars

m. (e) Each separate civil violation shall be subject to the following penalties: for the first, second and third offense, the violator shall be subject to a penalty of up to Sixteen Thousand Dollars ($16 ,000) per tank per day for each separate violation. Second, third, and fou rth offenses are defined as offenses within twelve (12) months from the first, second and third offenses respectively. For any fourth violation of this Part , the violator shall be guilty of a misdemeanor, and may be subject to imprisonmen t for up to twelve (12) months and fined up to Sixteen Thousand Dollars ($1 6,000) per day for each violation, or both. SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989). Repealed and reenacted by P.L. 30-036:1 (June 19, 2009). Amended by P.L. 32-195:4 (Oct. 13, 2014). --------- ARTICLE 2 ABOVEGROUND STORAGE OF REGULATED SUBSTANCES SOURCE: Added by P.L. 34-140:2 (Dec. 12, 2018) as Chapter 76A (§§ 76A101- 76A127) codified by the Compiler as Article 2 of th is chapter and renumbered, pursuant to the authority granted by 1 GCA § 1606. § 76201. Title. § 76202. Statement of Purpose. § 76203. Definitions. § 76204. Power and Duties of the Administrator.

f th is chapter and renumbered, pursuant to the authority granted by 1 GCA § 1606. § 76201. Title. § 76202. Statement of Purpose. § 76203. Definitions. § 76204. Power and Duties of the Administrator. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 20 § 76205. Notification Requirement. § 76206. Tank Standards. § 76207. Secondary Containment System – Release Pre vention and Release Detection Standards. § 76208. Delivery Prohibition Requirements. § 76209. Operator Training. § 76210. Leak Detection and Record Maintenance. § 76211. Public Participation. § 76212. Notification and Reporting Requirements on Releases. § 76213. Corrective Action. § 76214. Aboveground Storage Tank Management Fund. § 76215. Financial Responsibility. § 76216. Closure. § 76217. Permit Requirements. § 76218. Inspection and Entry. § 76219. Confidentiality of Records. § 76220. Notice. § 76221. Hearings. § 76222. Injunction. § 76223. Applicability to Government Agencies. § 76224. Penalties. § 76225. RESERVED. § 76226. RESERVED. § 76227. RESERVED. § 76201. Title. This Chapter shall be known as the 'Aboveground Storage of Regulated Substances Act.' § 76202. Statement of Purpose.

enalties. § 76225. RESERVED. § 76226. RESERVED. § 76227. RESERVED. § 76201. Title. This Chapter shall be known as the 'Aboveground Storage of Regulated Substances Act.' § 76202. Statement of Purpose. The purpose of this Chapter is to: (a) establish a program to provide requirements and classifications for aboveground storage tank system s and inter-terminal pipelines that store regulated substances in order to minimize the occurrence and environmental risks of releases and discharges to groundwater, surface water and/or soils; (b) ensure that newly-constructed aboveground stora ge tank systems and inter-terminal pipelines meet appropria te standards; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 21 (c) ensure that each new or replaced aboveground st orage tank or piping connected to any such new or replaced tank c omplies with the wellhead protection area and must be approved by th e Administrator; (d) ensure that existing aboveground storage tank s ystems and inter-terminal pipelines be properly maintained, in spected, and tested by licensed and certified professionals; and (e) enact and establish regulations, guidelines, st andards, and

tank s ystems and inter-terminal pipelines be properly maintained, in spected, and tested by licensed and certified professionals; and (e) enact and establish regulations, guidelines, st andards, and policies that ensure consistent cleanup of regulate d substances and mitigation of the damage they cause. § 76203. Definitions. (a) Aboveground Storage Tank (AST) means any storage tank fifty-five (55) gallons or more containing a regulated substan ce in which greater than ninety percent (90%) of the tank volume, including volume of the piping, is not below the surface of the ground; or any storage tank fifty-five (55) gallons or more containing a regulated substance si tuated in an underground area, such as a basement, shaft, tunnel, or vault, if the storage tank is situated upon or above the surface of the floor. (b) Administrator means the Administrator of the Guam Environmental Protection Agency. (c) Agency means the Guam Environmental Protection Agency. (d) Ancillary Equipment means any devices, including, but not limited to, such as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an AST.

pment means any devices, including, but not limited to, such as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an AST. (e) Board means the Board of Directors of the Guam Environme ntal Protection Agency. (f) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq .), as amended. (g) Chapter means the Aboveground Storage of Regulated Substanc es Act ([Article 1 of] Chapter 76, Title 10 GCA). (h) Corrective Action means the investigation and cleanup of contamination from solid and hazardous waste sites, and includes action taken to minimize or mitigate the impact of a relea se from an AST or tank system. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 22 (i) Facility means any mobile or fixed, onshore or offshore bui lding, property, parcel, lease, structure, installation, e quipment, pipe, or pipeline (other than a vessel or a public vessel) used in oi l well drilling operations, oil production, oil refining, oil storage, oil gatherin g, oil processing, oil transfer, oil distribution, oil waste treatment, or

a vessel or a public vessel) used in oi l well drilling operations, oil production, oil refining, oil storage, oil gatherin g, oil processing, oil transfer, oil distribution, oil waste treatment, or in which oil is used. The boundaries of a facility depend on several site-specific facto rs, including, but not limited to, the ownership or operation of buildings, struct ures, and equipment on the same site, and types of activity at the site. Conti guous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the s ame person may be considered separate facilities. (j) Gathering Lines means any pipelines, equipment, facility, or building used in the transportation of oil or gas d uring oil or gas production or gathering operations. (k) Guarantor means any person, other than the owner or operator , who provides evidence of financial responsibility f or the AST. (l) Hazardous Substance Aboveground Storage Tank or Haz ardous Substance Aboveground Storage Tank System means an AST or tank system that contains a hazardous substance, as defined in Section 101(14) of CERCLA, but not including any substance

Tank or Haz ardous Substance Aboveground Storage Tank System means an AST or tank system that contains a hazardous substance, as defined in Section 101(14) of CERCLA, but not including any substance regulated a s a hazardous waste under Subtitle C of the federal Resource Conservati on and Recovery Act (RCRA), as amended, or any mixture of such substanc es and petroleum, and which is not a petroleum AST or tank system. (m) Installation means the addition or replacement of equipment. (n) Installation Permit means a written approval from the Administrator to construct, install, or put into pl ace, an AST system. (o) Inter-terminal Pipelines means pipelines that cross public and private properties, streets, highways, railroads an d utility rights-of-way and connect installations. (p) Maintenance means the operational upkeep to prevent an AST system from releasing product. (q) Motor Fuel means a petroleum or petroleum-based substance tha t is motor gasoline, aviation gasoline, No.1 or No. 2 diesel fuel, any grade of gasohol, any grade of ethanol, or any grade of bio- diesel, and that is used to operate a motor engine. COL3/1/201910 GCA HEALTH AND SAFETY CH.

ation gasoline, No.1 or No. 2 diesel fuel, any grade of gasohol, any grade of ethanol, or any grade of bio- diesel, and that is used to operate a motor engine. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 23 (r) Non-transportation-related Facility means a facility that stores, processes, refines, uses, or consumes oil; a facili ty that is not exclusively covered by the Department of Interior (DOI) or Depa rtment of Transportation (DOT) and can reasonably be expected to discharge oil in quantities that may be harmful into or upon the nav igable waters of the U.S. or adjoining shorelines. (s) Oil means oil of any kind or in any form, including, b ut not limited to: fats, oils, or greases of animals, fish, or mar ine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or k ernels; and other oils and greases, including petroleum, fuel oil, sludge, syn thetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil. (t) Operate means to control or direct the function of an AST. (u) Operator means any person in control of, or who is responsi ble for, the daily operation of an AST.

wastes other than dredged spoil. (t) Operate means to control or direct the function of an AST. (u) Operator means any person in control of, or who is responsi ble for, the daily operation of an AST. (v) Owner means any person who owns an AST system used for t he storage, use or dispensing of regulated substances. (w) Permit means an Installation and/or Operation Permit. (x) Person means an individual, trust, firm, corporation, par tnership, consortium, joint venture, joint stock company, pol itical subdivision of a state, any interstate body, commercial entity, asso ciation, or agency, department, instrumentality of the federal governme nt or the government of Guam, including autonomous agencies, or any other l egal entity. (y) Petroleum means crude oil, or a fraction thereof, that is li quid at sixty (60) degrees Fahrenheit temperature, and 14.7 pounds per square inch absolute pressure (normal atmospheric pressure at s ea level). (z) Petroleum-based Liquid Fuels shall mean: (1) aviation fuels (including jet, turbine and pist on fuels); (2) automotive and other petroleum-based internal c ombustion engine fuels; (3) fuel oils and distillates fuels (turbine, boile r, and other

aviation fuels (including jet, turbine and pist on fuels); (2) automotive and other petroleum-based internal c ombustion engine fuels; (3) fuel oils and distillates fuels (turbine, boile r, and other types); (4) heating oil and distillates; (5) illuminating (e.g., lamp) oils; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 24 (6) gasoline and other fuel blending stocks; (7) petroleum-based lubricating, tapping, seal, pen etrating machining, and road oils and greases (including was te oil); (8) petroleum distillates; (9) petroleum or petroleum-distillate based additiv es (including fuel oil, ink and paint additives); (10) petroleum solvents; (11) petroleum spirits (e.g., mineral spirits, Stod dard solvent, paint thinners, etc.); (12) hydrocarbon liquids (A) naphthas and naphthalenes of all types; (13) olefins, alkanes, alkylates, aromatics; (14) petroleum-based inks and ink extenders; (15) oil-based paints, coatings, thinners and solve nts; (16) petroleum extender oils; and (17) mineral oils (derived from petroleum). (aa) Petroleum Marketing Facilities means all facilities at which petroleum is produced or refined, and all facilitie s from

) petroleum extender oils; and (17) mineral oils (derived from petroleum). (aa) Petroleum Marketing Facilities means all facilities at which petroleum is produced or refined, and all facilitie s from which petroleum is sold or transferred to other petroleum marketers or to the public. (bb) Pipe or Piping means a hollow cylinder or the tubular conduit constructed of non-earthen materials. Pipe or Pipin g includes elbows, couplings, unions, valves, or other inline fixtures that contain and convey regulated substances from an AST to a dispenser. (cc) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways, and any associated eq uipment, facilities, or buildings. (dd) RCRA means the federal Solid Waste Disposal Act of 1980 , as amended by the Resource Conservation and Recovery A ct of 1984, as amended (Public Law 94-580, October 21, 1976, Public Law 87 -272, Title II, §9001, as added Public Law 98-616, Title VI, §6 01(a), November 8, 1984, 98 Stat. 3277, and amended Public Law 99-499, Title II, §205(a), COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 25 October 17, 1986, 100 Stat.

ovember 8, 1984, 98 Stat. 3277, and amended Public Law 99-499, Title II, §205(a), COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 25 October 17, 1986, 100 Stat. 1696; Public Law 102-50 8, Title III, §302, October 24, 1992, 106 Stat. 3307; Public Law 103-42 9, §7(d), October 31, 1994, 108 Stat. 4389; Public Law 109-58, Title XV , §1532(a), 1533(1), August 8, 2005, 119 Stat. 1104, 1105; 42 U.S.C. §69 91c, et. seq.), and regulations promulgated pursuant thereto. (ee) Regulated Substance means any element, compound, mixture, solution, or substance that, when released into the environment, may create substantial danger to the public health, welfare, o r the environment. They include: (1) any substance defined in Section 101(14) of CER CLA, but not including any substance regulated as a hazardou s waste under Subtitle C of RCRA; (2) petroleum-based liquid fuels; (3) any grade of gasohol, ethanol, or bio-diesel; a nd (4) any other substance as designated by the Admini strator. (ff) Release means the spill, leak, emission, discharge, escape , leaching, or disposing of a regulated substance fro m an AST.

esel; a nd (4) any other substance as designated by the Admini strator. (ff) Release means the spill, leak, emission, discharge, escape , leaching, or disposing of a regulated substance fro m an AST. (gg) Secondary Containment means a component of a secondary containment system, and means an AST and its piping having inner and outer barriers. (hh) Tank means an aboveground storage tank (AST). (ii) Wellhead Protection Area means the surface and subsurface area of any existing community water system or any existing potable drinking water well, underground injection system, or groundwater monitoring well, and is within a one thousand (1,000)-foot radius. § 76204. Power and Duties of the Administrator. The Administrator shall : (a) develop and administer an AST program for Guam pursuant to this Chapter; (b) provide technical assistance to local and feder al agencies, and other persons, and cooperate with appropriate local agencies and private organizations in enforcing this Chapter; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 26 (c) enact, modify, update, repeal, and enforce rule s and regulations governing AST design, construction, ins

COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 26 (c) enact, modify, update, repeal, and enforce rule s and regulations governing AST design, construction, ins tallation, release detection and inventory control, compatibility, rec ord maintenance, reporting, corrective action, closure, and financia l responsibility in order to enforce this Chapter; (d) establish the procedures for the issuance and r eview of permits governing the design, operation, and closur e of ASTs; (e) enact and enforce other rules and regulations a s necessary to establish an AST program which is as stringent and/ or broader in scope than the requirements of 40 CFR 112, Oil Pollution Prevention; (f) issue, amend, rescind, and enforce orders as ne cessary to ensure compliance with this Chapter, or any rules a nd regulations promulgated pursuant to this Chapter, including but not limited to: (1) administrative penalty orders; (2) requiring corrective actions as may be necessar y or appropriate to this Chapter; and (3) commencing civil actions in the Superior Court of Guam, including actions for a temporary or permanen t injunction as needed, to enforce this Chapter; (g)

ar y or appropriate to this Chapter; and (3) commencing civil actions in the Superior Court of Guam, including actions for a temporary or permanen t injunction as needed, to enforce this Chapter; (g) establish an effective enforcement system (that includes, at a minimum, a field citation program) for the preventi on, control and abatement of AST pollution, including specific cond itions under the permit requirements, and delivery prohibition of pr oduct to ineligible ASTs, and through all appropriate administrative an d judicial courses of action; (h) establish a delivery prohibition program that d escribes, at a minimum, the criteria and mechanism for prohibiting the delivery, deposit, and acceptance of product to any AST syste m; (i) develop and establish training program requirem ents in cooperation with AST owners and operators set forth in this Chapter and rules and regulations promulgated pursuant to t his Chapter; (j) issue, continue in effect, modify, revoke, reis sue, or deny permits; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 27 (k) ensure that all permit holders comply with appl icable requirements mandated by federal and Guam

permits; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 27 (k) ensure that all permit holders comply with appl icable requirements mandated by federal and Guam statutes and rules; (l) establish, accept, receive, and administer gran ts and other funds or fees from public and private agencies, inc luding the federal government, for carrying out any purpose of this Ch apter; and (m) recover costs associated with Agency personnel responding to AST releases, to include, but not limited to, labor hours (overtime), materials, and other expenses. § 76205. Notification Requirement. (a) Except as otherwise provided in this Section, e ach owner of an aboveground storage tank shall notify the Agency in form(s) prescribed by the Agency, and shall specify the tank’s age, size, type, location, and use. (b) For an aboveground storage tank that was taken out of operation on or before the effective date of this Chapter, re gardless of whether the tank was removed from the facility, the owner is exempt from giving notice. (c) For an aboveground storage tank that was taken out of operation after the effective date of this Chapter, and that was not removed from

from the facility, the owner is exempt from giving notice. (c) For an aboveground storage tank that was taken out of operation after the effective date of this Chapter, and that was not removed from the facility before the effective date of this Chapter, the owner shall specify the type and quantity of the substances that were store d in the tank immediately before it was taken out of operation. These require ments are in addition to the requirements for the notice prescribed in Subse ction (a) of this Section. (d) An owner who brings an aboveground storage tank into operation shall meet the notification requirements of this Section within thirty (30) calendar days after the tanks are brought into oper ation. (e) A person who sells a tank for use as an abovegr ound storage tank shall notify the purchaser of the notice requiremen ts of this Section. (f) The notice required by this Section shall be made on forms prescribed by the Agency. § 76206. Tank Standards. From the effective date of this Chapter until the e ffective date of any new AST standards enacted hereunder, all new and ex isting ASTs shall : (a) prevent release of stored regulated substances due to corrosion or

ve date of this Chapter until the e ffective date of any new AST standards enacted hereunder, all new and ex isting ASTs shall : (a) prevent release of stored regulated substances due to corrosion or structural failure for the operational life of the tank; COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 28 (b) be cathodically protected against corrosion, co nstructed of non-corrosive material, or designed to prevent the release of the stored regulated substance; and (c) be constructed and/or lined with materials comp atible with the substance stored. § 76207. Secondary Containment System - Release Pre vention and Release Detection Standards. (a) The Administrator shall develop and implement a program that requires secondary containment for ASTs that at lea st meets the minimum requirements under the Oil Pollution Prevention of the Clean Water Act. These requirements apply to owners and operators of facilities engaged in drilling, production, gathering, storing, processin g, refining, transferring or consuming petroleum or petroleum products, provided : (1) the facility is non-transportation-related; (2) aboveground storage in a single

n, gathering, storing, processin g, refining, transferring or consuming petroleum or petroleum products, provided : (1) the facility is non-transportation-related; (2) aboveground storage in a single container is eq ual to or greater than fifty-five (55) gallons, or aggregate storing capacity is equal to or greater than five hundred (500) gallons ; (3) facilities, which, due to their location could reasonably expect spilled oil to reach surface waters and ground wate rs of Guam and the United States. (b) The Administrator shall require secondary containment on all existing, new or replaced AST and connected piping. (c) The Administrator shall require under-dispenser containment on all motor fuel dispenser systems. (d) The Administrator shall require that each existing, new, or replaced AST and piping have a secondary containmen t system, and be monitored for leaks. § 76208. Delivery Prohibition Requirements. (a) The Administrator shall develop and implement a delivery prohibition program with processes and procedures t hat meet the requirements set forth in this Chapter and rules an d regulations promulgated pursuant to this Chapter. COL3/1/201910 GCA HEALTH AND SAFETY CH.

on program with processes and procedures t hat meet the requirements set forth in this Chapter and rules an d regulations promulgated pursuant to this Chapter. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 29 (b) The Administrator shall prohibit the delivery, deposit, or acceptance of regulated substances to an AST for bo th equipment and operational violations. § 76209. Operator Training. The Administrator shall develop and administer an operator training program with processes and procedures that meet the requirements set forth in this Chapter and rules and regulations promulgat ed pursuant to this Chapter. § 76210. Leak Detection and Record Maintenance. (a) The owner or operator of an AST shall maintain a leak detection system that identifies releases dangerous to human health and the environment. (b) The owner or operator shall maintain systematic and complete records to demonstrate compliance as set forth in t his Chapter and rules and regulations promulgated pursuant to this Chapter. § 76211. Public Participation. (a) Upon timely application, any person whose inter ests may be adversely affected by a release or threatened from an AST

ulations promulgated pursuant to this Chapter. § 76211. Public Participation. (a) Upon timely application, any person whose inter ests may be adversely affected by a release or threatened from an AST system shall be allowed to intervene as a right in any civil action when the applicant claims an interest relating to the property or transaction which is subject of the action, and the applicant is so situated that the d isposition of the action may as a practical matter impair or impede the applican t’s ability to protect that interest. (b) Any person may maintain an action for declarato ry and equitable relief to restrain any violation of this Chapter. O n a prima facie showing of a violation of this Chapter, a preliminary injunction shall be issued to restrain any further violation of the Chapter. No bond is re quired for an action under this Subsection. § 76212. Notification and Reporting Requirements on Releases. No later than twenty-four (24) hours after he/she s uspects a release from a tank or ancillary equipment has occurred, the own er or operator of an AST shall notify the Agency orally or in writing.

. No later than twenty-four (24) hours after he/she s uspects a release from a tank or ancillary equipment has occurred, the own er or operator of an AST shall notify the Agency orally or in writing. Withi n fourteen (14) days after he/she suspects a leak, the owner or operator shall report to the Agency, in writing, regarding the substance released, the quan tity released, the cause of COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 30 the release, the time when the release occurred, an d the corrective action taken as of the date of the report. § 76213. Corrective Action. (a) The owner or operator of an AST shall stop or control a confirmed release within twelve (12) hours of confirmation or knowledge that a release occurred. The owner or operator shall take corrective action in response to a release to protect human health and the environment , and shall restore the environment, and the AST and/or Pipeline Facility, to a condition acceptable to the Administrator. (b) The Administrator may require the owner or oper ator to undertake corrective action, and the investigation, monitorin g, surveying, testing, and research necessary and

table to the Administrator. (b) The Administrator may require the owner or oper ator to undertake corrective action, and the investigation, monitorin g, surveying, testing, and research necessary and appropriate to: (1) identify the existence and extent of the releas e; (2) identify the source and nature of the regulated substance involved; (3) evaluate the extent of the danger to human heal th, safety, welfare, and the environment; and (4) develop and implement a corrective action plan. (c) If the owner or operator does not take immediat e action to complete actions under this Section and adequately complete the cleanup of a release, or fails to comply with an order of the Administrator, the Administrator may undertake cleanup of the release, or contract with a private entity to do so. (d) If the Administrator is authorized to act under § 76213(b) of this Chapter, he/she may undertake such investigation, m onitoring, surveying, testing, and other information gathering as he/she deems appropriate to identify the existence and extent of danger to huma n health, safety, welfare, and the environment.

on, m onitoring, surveying, testing, and other information gathering as he/she deems appropriate to identify the existence and extent of danger to huma n health, safety, welfare, and the environment. In addition, the Administrator may undertake or contract with a private entity to undertake such pl anning, fiscal, economic, engineering, and other studies and investigation he /she deems appropriate to plan and direct cleanup actions, and to recover the costs and legal costs thereof. § 76214. Aboveground Storage Tank Management Fund. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 31 There is hereby established a Fund to be known as t he Aboveground Storage Tank Management Fund, hereinafter referred to as the AST Fund, a non-lapsing, revolving fund which shall be maintained separate and apart from any other funds of the government of Guam. (a) All fees, reimbursements, assessments, fines, f orfeitures, and other funds collected or received pursuant to this Chapter, shall be deposited in the AST Fund and shall not lapse at the end of the fiscal year, but shall rollover into the next fiscal year or until expend ed.

collected or received pursuant to this Chapter, shall be deposited in the AST Fund and shall not lapse at the end of the fiscal year, but shall rollover into the next fiscal year or until expend ed. Independent records and accounts shall be maintained in connection therewith. The AST Fund shall be kept in a bank licensed to do business on Guam, and funds shall be paid out only upon a request for payment or requisition submitted by the Administrat or. All monies in the AST fund are hereby appropriated to the Agency to be expended in accordance with this Chapter, and are not subject t o I Maga′låhi’ s transfer authority. The Administrator shall comply with all existing reporting requirements by issuing a quarterly accou nt of the AST Fund to I Maga′låhi , I Liheslaturan Guåhan , and the Office of Public Accountability. The Administrator shall ensure that the AST Fund is in compliance with all existing statutes, rules and re gulations, codes, executive orders, and any other authority that is a pplicable to the Agency, and the use of the funds in the AST Fund pu rsuant to this Chapter. (b) The Administrator shall administer the AST Fund and make disbursements from the Fund: (1) to

that is a pplicable to the Agency, and the use of the funds in the AST Fund pu rsuant to this Chapter. (b) The Administrator shall administer the AST Fund and make disbursements from the Fund: (1) to fund actions authorized by § 76213 of this C hapter; (2) to train Agency employees in the regulation of ASTs, and the response to release of regulated substances from ASTs; or (3) to fund the administration and implementation o f this Chapter, including, but not limited to, purchase of equipment, supplies, public outreach, trainings/conferences, a nd payment of personnel costs and service contracts arising from the enforcement of this Chapter. § 76215. Financial Responsibility. (a) All owners or operators of AST systems, within one hundred eighty (180) days of the effective date of this Cha pter, shall establish and COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 32 maintain evidence of financial responsibility, as p rovided for in this Section, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases a rising from the operation of aboveground storage tanks in at least the

or taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases a rising from the operation of aboveground storage tanks in at least the following per occurrence amounts: (1) For all owners or operators of petroleum aboveg round storage tanks that are located at petroleum marketing facil ities, or that own or operate five (5) or more tanks, or that handle an a verage of more than ten thousand (10,000) gallons of petroleum per mont h based on annual throughput for the previous calendar year: Two Mill ion Dollars ($2,000,000). (2) For all other owners or operators of petroleum aboveground storage tanks: Five Hundred Thousand Dollars ($500, 000). (b) Owners or operators of petroleum aboveground st orage tanks shall demonstrate financial responsibility for taking cor rective action and for compensating third parties for bodily injury and pr operty damage caused by accidental release arising from the operation of pe troleum aboveground storage tanks in at least the following annual aggr egate amounts: (1) For owners or operators of four (4) or fewer ta nks, an annual aggregate amount of One Million Dollars ($1,000,000 ).

boveground storage tanks in at least the following annual aggr egate amounts: (1) For owners or operators of four (4) or fewer ta nks, an annual aggregate amount of One Million Dollars ($1,000,000 ). (2) For owners or operators of five (5) or more tan ks, an annual aggregate amount of Two Million Dollars ($2,000,000 ). (3) For owners or operators of ten (10) or more tan ks, an annual aggregate amount of at least Two Million Dollars ($ 2,000,000), or such other higher aggregate amount as set forth in regul ations promulgated by the Administrator. (c) Subject to the approval of the Administrator, a n owner or operator of an AST may establish evidence of financial respo nsibility by any one, or a combination of, the following methods: (1) commercial or private insurance, including risk retention group; (2) qualification as a self-insurer; (3) a guarantee, surety bond, or letter of credit; or (4) any other reasonable and economically practicab le means. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 33 (d) The Administrator shall not approve any financial responsibility method or combination of methods, unless the owner or operator has

ND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 33 (d) The Administrator shall not approve any financial responsibility method or combination of methods, unless the owner or operator has demonstrated that such method(s): (1) are valid and enforceable; (2) are issued by a provider that is qualified or l icensed in Guam; (3) do not permit cancellation without the Administ rator’s approval; (4) shall only be directly used for corrective action and th ird party liability costs; and (5) require the provider to notify the owner or ope rator and the Administrator of any circumstances that would impai r or suspend coverage. (e) Surety bonds shall be payable to the Guam Environmental Protection Agency, to include costs and expenses of the cleanup of any release, as well as damages incurred by the governm ent, consistent with the provisions of this Chapter. Any bond filed with the Agency must be issued by a bonding company authorized to do business with in Guam. The Agency is authorized to establish a special account, escro w, standby trust, or other trust or account mechanism into which funds establi shed as financial assurance may be deposited when needed.

The Agency is authorized to establish a special account, escro w, standby trust, or other trust or account mechanism into which funds establi shed as financial assurance may be deposited when needed. Notwithsta nding any other provision of law, the Administrator may retain and use such amounts for the purposes for which the financial assurance was esta blished. (f) To qualify as a self-insurer, the AST system ow ner or operator shall: (1) demonstrate a tangible net worth of at least te n (10) times: (A) the total of the aggregate amount required in S ubsection (b) of this Section; (B) the sum of the corrective action cost estimates , the current closure and post-closure care cost estimate s, and the amount of liability coverage required under this Ch apter; and (C) the sum of plugging and abandonment cost estima tes in effect for which a financial test is used to demons trate financial responsibility under this Chapter; and COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 34 (2) the owner or operator shall have a tangible net worth of at least Ten Million Dollars ($10,000,000).

and COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 34 (2) the owner or operator shall have a tangible net worth of at least Ten Million Dollars ($10,000,000). (g) The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the AST system owner or operator under this Section. Nothing in this Subsection may be construed to limi t any other territorial or federal statutory, contractual or common law liabil ity of a guarantor to its owner or operator including, but not limited to, th e liability of such guarantors for bad faith either in negotiating or i n failing to negotiate the settlement of any claim. For the purposes of this S ubsection, the term 'guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for a n owner or operator pursuant to this Section. (h) Any claim costs incurred by the Agency for taki ng emergency, preventive, corrective or enforcement action may be filed directly against the bonding company, the insurer, the guarantor, or any other person providing evidence of financial

for taki ng emergency, preventive, corrective or enforcement action may be filed directly against the bonding company, the insurer, the guarantor, or any other person providing evidence of financial responsibility. Any amount co llected or awarded under this Subsection shall be paid into Guam Environmental Protection Agency’ s AST Fund. (i) An owner or operator of an AST system shall designate a person within Guam as his/her resident agent for service o f process, and such designation shall be filled in accordance with rules and regulations promulgated by the Agency. § 76216. Closure. (a) The owner or operator shall close an AST so as to prevent future releases of regulated substances. The owner and ope rator shall comply with the release response provisions in this Chapter, an d other requirements promulgated by the Administrator, before and during removal of the ASTs. The Administrator shall adopt requirements for change in-service and temporary and permanent closure of ASTs and tank sy stems. (b) No later than one hundred eighty (180) calendar days following submission to the Agency of a Notice of Intent for permanent closure, all ASTs containing regulated substances must be

ank sy stems. (b) No later than one hundred eighty (180) calendar days following submission to the Agency of a Notice of Intent for permanent closure, all ASTs containing regulated substances must be physic ally removed from the site and properly disposed. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 35 (c) The Agency shall cause the owner of any previously-approved AST, which is discovered to have been improperly ab andoned in-place, to remove the improperly abandoned AST and any soil an d/or groundwater contamination found to be caused by a release from the AST; and shall be mitigated by the owner as soon as reasonably possib le, but not to exceed one eighty (180) calendar days, or as may be deemed rea sonable by the Administrator. This shall not apply to any ASTs that previously received written approval to be abandoned in-place, and were properly abandoned in- place. (d) Any AST discovered to have been abandoned in-pl ace without written approval from the Agency shall be removed as soon as reasonably possible, but not to exceed one hundred eighty (180) calendar days, or for a longer time as may be deemed reasonable by the Admi

ritten approval from the Agency shall be removed as soon as reasonably possible, but not to exceed one hundred eighty (180) calendar days, or for a longer time as may be deemed reasonable by the Admi nistrator, and any soil and/or groundwater contamination found to be caused by a release from the AST shall be mitigated as soon as reasonably possible. If ow nership of the AST is unknown, uncertain, and disputed, the curren t owner of the land where the AST has been found shall be responsible for removal of the AST and required mitigation. Nothing herein, however, s hall prohibit the owner of such land from pursing any remedies available in equity or at law against the party which previously owned and abandoned in-p lace the AST in question if such party is subsequently identified. § 76217. Permit Requirements. (a) No person shall own, install, or operate an AST , with a total aggregate of five hundred (500) gallons or more, wi thout a permit issued by the Administrator. An applicant for a permit shall pay a permit processing fee prescribed by the regulations. For the purpose of this Chapter and until such rule s and regulations describing the AST Fee Schedule has been adopted, a n

r a permit shall pay a permit processing fee prescribed by the regulations. For the purpose of this Chapter and until such rule s and regulations describing the AST Fee Schedule has been adopted, a n interim annual permit fee of One Hundred Dollars ($100.00) per tank shall be established as the permit fee, and shall go into effect sixty (60) calendar days after enac tment of this Chapter. (b) Said permit shall be non-transferable and conditioned upon the observance of the laws of Guam and related rules an d regulations. (c) A permit holder shall apply for the renewal of each permit he/she holds, upon forms provided by the Administrator, not less than sixty (60) calendar days prior to the permit’s expiration. COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 36 (d) Each permit application and permit renewal appl ication shall be submitted with evidence of financial responsibility , and an application fee in a sum established by the Administrator by regulatio n. § 76218. Inspection and Entry. The Administrator may inspect all ASTs at reasonabl e times to take corrective action or to ensure compliance with this Chapter and the rules and

trator by regulatio n. § 76218. Inspection and Entry. The Administrator may inspect all ASTs at reasonabl e times to take corrective action or to ensure compliance with this Chapter and the rules and regulations promulgated pursuant to this Chapter. T he Administrator’s authority to inspect shall include, but is not limited to, the following: (a) requesting and obtaining from any owner or oper ator and deliverer and guarantor of an AST, information rela ting to such tanks, their associated equipment, and their contents; (b) conducting any study or performance of monitori ng, and testing of tanks, their associated equipment, or su rrounding soils, air, surface water, or groundwater; (c) inspecting and copying all records relating to the ASTs; (d) inspecting and obtaining samples of regulated s ubstances contained in the ASTs; and (e) taking corrective action or performing site ass essment activities at the location of the AST. § 76219. Confidentiality of Records. (a) Reports and records submitted to the Agency by any person on the ownership, installation, or operation of abovegroun d storage tanks or tank systems shall be made available for inspection by the public dur ing

d records submitted to the Agency by any person on the ownership, installation, or operation of abovegroun d storage tanks or tank systems shall be made available for inspection by the public dur ing established office hours, except as provided in thi s Section. (b) Upon a showing satisfactory to the Agency that public disclosure of records, reports, or information, or a particular p art thereof, to which the Agency’s representative has access to under this Se ction would divulge information entitled to protection under Guam’s Sun shine Reform Act of 1999, the Agency shall consider the information or particular portion the reof to be confidential. (c) No confidential information secured pursuant t o this Section by any official or employee of the Agency within the scope of the official’s or employee’s employment in the prevention, control, o r abatement of releases from aboveground storage tanks or tank systems, shall be disclosed by the COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 37 official or employee with following exceptions: the document or information may be disclosed to officers, employees, or authori zed representatives of Guam

ERGROUND STORAGE OF REGULATED SUBSTANCES 37 official or employee with following exceptions: the document or information may be disclosed to officers, employees, or authori zed representatives of Guam or of the United States, including county gove rnment entities, who have been charged with carrying out this Chapter, o r when relevant in any proceeding under this Chapter. (d) Where such information constitutes confidential business information under federal or local law, it shall be submitted as such to federal or local entities. 2019 NOTE: Subsection designations added by the Compiler pursu ant to the authority granted by 1 GCA § 1606. § 76220. Notice. Any notice or other official correspondence affecti ng the rights of any person under this Chapter shall be delivered by personal service, or sent by certified mail with a return receipt to the address of such person as shown by the Agency records. The return receipt, signed by a ddressee, or his/her agent, shall be conclusive proof of delivery. § 76221. Hearings. (a) Any person who received an order from the Admin istrator pursuant to this Chapter, or any person whose permi t application is disapproved by the Administrator, may,

f delivery. § 76221. Hearings. (a) Any person who received an order from the Admin istrator pursuant to this Chapter, or any person whose permi t application is disapproved by the Administrator, may, within fifte en (15) calendar days after receipt thereof, file with the Board a notice of intent to appeal and a verified petition describing the basis of such appe al. (b) The Board shall , not more than sixty (60) calendar days after receipt of such notice of intent to appeal, hold a public hearing at which the appellant may appear and present evidence supportin g the petition. (c) The Board may administer oaths and issue subpoe nas to compel the attendance of witnesses and the production of e vidence in all such hearings. (d) The Board shall affirm, modify, or revoke the action appealed, and shall notify the appellant of its decision not more than thirty (30) calendar days after the hearing. Said notice shall be in writing and shall state the reasons for the decision. (e) Any person may appeal such decision by filing a verified petition in the Superior Court of Guam within ten (10) calen dar days after he/she COL3/1/201910 GCA HEALTH AND SAFETY CH.

r the decision. (e) Any person may appeal such decision by filing a verified petition in the Superior Court of Guam within ten (10) calen dar days after he/she COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 38 receives the notice required by Subsection (d) of t his Section. The petitioner shall make a transcript of the proceeding at his/her exp ense. § 76222. Injunction. The Administrator may, in addition to the other pow ers conferred on him/her by this Chapter, file an action in the Supe rior Court of Guam to immediately restrain any violation or threatened vi olation of this Chapter, or rules and regulations promulgated pursuant to this Chapter. § 76223. Applicability to Government Agencies. All agencies of the government of Guam and of the g overnment of the United States shall comply with all provisions of this Chapter, includi ng permit requirements, with the exception of §§ 76215 and 76217(d) of this Chapter. § 76224. Penalties. (a) A person who violates any provisions of this Ch apter, or rules or regulations promulgated pursuant to this Chapter, o r who refuses or neglects to comply with an order issued by the Administrator to

A person who violates any provisions of this Ch apter, or rules or regulations promulgated pursuant to this Chapter, o r who refuses or neglects to comply with an order issued by the Administrator to require compliance with this Chapter, shall be guilty of a civil violation and shall be subject to a penalty of up to Twenty-five Thousand Dollars ($25, 000) for each tank for each day of each violation. (b) Any person with an interest that may be adverse ly affected by a violation of this Chapter may intervene as a matter of right in any civil action brought by the Administrator to require compliance with this Chapter. (c) A person who knowingly fails to notify the Admi nistrator pursuant to §§ 76205 or 76212 of this Chapter, or who makes any false statement or representation in any AST notification, permit appl ication, or other document filed, maintained, or used for compliance with this Chapter, shall be guilty of a civil violation. (d) Any person who denies, obstructs, or hampers th e entrance, inspection, or conduct or release response activity by a representative of the Agency at any building, place, site, facility, vehi cle, or structure that the representative is authorized

e entrance, inspection, or conduct or release response activity by a representative of the Agency at any building, place, site, facility, vehi cle, or structure that the representative is authorized to enter or inspect, o r who fails to provide information requested by the Agency representative pursuant to § 76210 of this Chapter shall be guilty of a civil violation and shall be subject to a penalty of up to Twenty-five Thousand Dollars ($25, 000) for every day the person denies, obstructs or hinders the acquisition of, or fails to provide, the COL3/1/201910 GCA HEALTH AND SAFETY CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES 39 information requested, as determined in a civil act ion in the Superior Court of Guam. (e) Each separate civil violation shall be subject to the following penalties: for the first, second, and third offense , the violator shall be subject to a penalty of up to Twenty-five Thousand Dollars ($25,000) per tank per day for each separate violation. Second, third, and fourth offenses are defined as offenses within twelve (12) months from the first, second, and third offenses respectively.

s ($25,000) per tank per day for each separate violation. Second, third, and fourth offenses are defined as offenses within twelve (12) months from the first, second, and third offenses respectively. For any fourth violati on of this Chapter, the violator shall be guilty of a misdemeanor, and may be subject to imprisonment for up to twelve (12) months, and fine d up to Twenty-five Thousand Dollars ($25,000) per day for each violati on, or both. § 76225. Reserved. 2019 NOTE: Reserved pursuant to P.L. 34-140:2 (Dec. 12, 2018). § 76226. Reserved. 2019 NOTE: Reserved pursuant to P.L. 34-140:2 (Dec. 12, 2018). § 76227. Reserved. 2019 NOTE: Reserved pursuant to P.L. 34-140:2 (Dec. 12, 2018). ------------ COL3/1/2019