Guam Administrative Code

§ 50703. Assessing the Site at Closure or Change-in-Service. (a) Before permanent closure or a change-in-service is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample typ…

§ 50704. Applicability to Previously Closed UST Systems. (a) When directed by the agency, the owner and operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this Article if releases from …

§ 50705. Closure Records. (a) Owners and operators must maintain records in accordance with § 50305 that are capable of demonstrating compliance with closure requirements under this Article. The results of the excavation zone assessment required in § 50703 must be maintained for …

§ 50706. Closure--Code of Practice. (a) The following current cleaning and closure procedures may be used to comply with § 50702: (1) American Petroleum Institute Recommended Practice RP 1604, “Closure of Underground Petroleum Storage Tanks”; (2) American Petroleum Institute Stan…

§ 50707 to § 50720. [Reserved.]

§ 50801. Applicability. (a) This Article applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section. (b) State and federal government entities whose debts and liabilities are the debts and liabilities of a …

§ 50802. [Reserved.] [Reserved.]

§ 50803. Definition of Terms. When used in this Article, the following terms have the meanings given below: (a) “Accidental release” means any sudden or nonsudden release of petroleum arising from operating an underground storage tank system that results in a need for release res…

§ 50804. Amount and Scope of Required Financial Responsibility. (a) Owners or operators of petroleum USTs or tank systems must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by acci…

§ 50805. Allowable Mechanism and Combinations of Mechanisms. (a) Subject to the limitations of subsections (b) and (c): (1) An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in §§ 50806 through 50814 to d…

§ 50806. Financial Test of Self-Insurance. (a) An owner or operator, and/or guarantor, may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by passing a financial test as specified in this section. To pass the financial test of self-insurance, the ow…

§ 50807. Guarantee. (a) An owner or operator may satisfy the requirements of § 50804 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be: (1) A firm that: (A) Possesses a controlling interest in the owner or operator; (B) Possesses a …

§ 50808. Insurance and Risk Retention Group Coverage. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk re…

§ 50809. Surety Bond. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as accept…

§ 50810. Letter of Credit. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity…

§ 50811. [Reserved.] [Reserved.]

§ 50812. [Reserved.] [Reserved.]

§ 50813. Trust Fund. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by establishing a trust fund that conforms to the requirements of this section. The trustee must be an entity that has the authority to act as a truste…

§ 50814. Standby Trust Fund. (a) An owner or operator using any one of the mechanisms authorized by §§ 50807, 50809, or 50810, Guam Administrative Rules and Regulations must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must …

§ 50815. Local Government Bond Rating Test. (a) A general purpose local government owner or operator and/or local government serving as a guarantor may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by having a currently outstanding issue or issues…

§ 50816. Local Government Financial Test. (a) A local government owner or operator may satisfy the requirements of § 50804 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the abili…

§ 50817. Local Government Guarantee. (a) A local government owner or operator may satisfy the requirements of § 50804, by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be a local government having a “substantial governmental relations…

§ 50818. Local Government Fund. (a) A local government owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in paragraph…

§ 50819. Substitution of Financial Assurance Mechanisms by Owner or operator. (a) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subchapter, provided that at all times the owner or operator maintains an effective financial as…

§ 50820. Cancellation or Non-renewal by a Provider of Financial Assurance. (a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. (1) Ter…

§ 50821. Reporting by Owner or Operator. (a) An owner or operator must submit the appropriate forms listed in § 50822(b), Guam Administrative Rules and Regulations documenting current evidence of financial responsibility to the Administrator: (1) Within thirty days after the owne…

§ 50822. Record Keeping. (a) Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter for an underground storage tank or tank system until released from the requirements of this Article und…

§ 50823. Drawing of Financial Assurance Mechanisms. (a) Except as specified in subsection (d), the Administrator shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the Administrator, up to the limit of funds p…

§ 50824. Release from the Requirements. An owner or operator is no longer required to maintain financial responsibility under this subchapter for an underground storage tank or tank system after the tank or tank system has been permanently closed or undergoes a change-in-service …

§ 50825. Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance. (a) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator mu…

§ 50826. Replenishment of Guarantee, Letters of Credit, or Surety Bond. (a) If at any time after a standby trust is funded upon the instruction of the Administrator with funds drawn from a D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G UAM U NDERGROUND S TORAGE T ANK …

§ 50827 to § 50899. [Reserved.] D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G UAM U NDERGROUND S TORAGE T ANK R EGULATIONS 89

§ 50901. Definitions. (a) UST technical standards, as used in this Article, refers to the UST preventative and operating requirements under Articles 2, 3, 4, 7, and 10 and § 50501, Guam Administrative Rules and Regulations. (b) Petroleum production, refining, and marketing. (1) “…

§ 50902. [Reserved.] [Reserved.]

§ 50903. [Reserved.] [Reserved.]

§ 50904. [Reserved.] [Reserved.]

§ 50905. [Reserved.] [Reserved.]

§ 50906. [Reserved.] [Reserved.]

§ 50907. [Reserved.] [Reserved.]

§ 50908. [Reserved.] [Reserved.]

§ 50909. [Reserved.] [Reserved.]

§ 50910. [Reserved.] [Reserved.]

§ 50911. Participation in Management. (a) The term “participating in the management of an UST or UST system” means that the holder is engaging in decision making control of, or activities related to, operation of the UST D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G …

§ 50912. [Reserved.] [Reserved.] D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G UAM U NDERGROUND S TORAGE T ANK R EGULATIONS 174

§ 50913. [Reserved.] [Reserved.]

§ 50914. [Reserved.] [Reserved.]

§ 50915. [Reserved.] [Reserved.]