Guam Administrative Code

§5101. Authority. Title 10, Guam Code Annotated

§5102. Purpose. The purpose of this Program is to prevent contamination and deterioration of Guam's groundwater resources by regulating underground injection wells, which may endanger the quality of present and future sources of drinking water.

§5103. Applicability and Coverage. These Regulations apply to and cover Class V injection wells only, which include non-hazardous liquid waste disposal wells, community septic system wells, sand backfill wells, recharge wells, including, but not limited to, drainage wells, coolin…

§5104. Definitions. (a) Administrator means the Administrator of the Guam Environmental Protection Agency or his authorized agent. (b) Agency means the Guam Environmental Protection Agency. (c) Aquifer means a formation, group of formations or part of a formation that contains su…

§53105 of the Guam Safe Drinking Water Act, authorizes and directs the Guam Environmental Protection Agency to promulgate regulations and establish an underground injection control program.

§9101. Authority

§9102. Purpose

§9103. Applicability and Coverage

§9104. Definitions.

§9105. Inventory and Assessment of Injection Wells Pursuant to §146.52 of Subpart F of the Federal Rules and Regulations for Underground Injection Wells. (a) The owner or operator of any Class V well shall, within six (6) months of the effective date of an underground injection c…

§9106. Application for Permit. (a) Who applies. Any person who is required to have an U.I.C. permit shall complete, sign and submit an application to the Administrator. When a facility or activity is owned by one (1) person but is operated by another person, it is the operator's'…

§9107. Permit Procedure. (a) The Administrator may not begin the processing of an application for permit until the applicant has fully complied with the application requirements under §9105. An applicant shall be informed within thirty (30) days after receipt whether or not his o…

§9108. Permit Conditions and Requirements. the following shall be incorporated by reference or expressly into the permit: (a) Duty to Comply. The permittee must comply with all the terms, conditions and requirements of the permit and these Regulations and the well drilling regula…

§9109. Same: Financial Responsibility. The permittee shall demonstrate a financial guarantee in the form of performance bonds or other equivalent form to assure proper closure, plugging or abandonment of the well.

§9110. Same: Additional Conditions. he Administrator shall impose on a case-by-case basis such additional conditions as are necessary to prevent migration of fluids into underground sources of drinking water.

§9111. Same: Area Permit. (a) The Administrator may issue a permit on an area basis, rather than for each well individually, provided that the permit is for injection wells: (1) Described and identified by location in permit application(s), if they are existing wells; (2) Within …

§9112. Same Compliance Evaluation. Same: Compliance Evaluation. Compliance with the conditions and requirements of the permit shall be based from the following: (a) Periodic inspection by the Administrator or his representative. (b) Reports by the permittee. (c) Written reports b…

§9113. Prohibition. (a) All classes of underground injection wells are prohibited, except Class V wells. (b) No Class V injection well shall be constructed and operated unless authorized by permit. (c) No Class V injection well shall be allowed to cause migration of injected flui…

§9114. Penalties and Appeals. (a) Any person who violates any of the provisions of these Regulations shall be penalized pursuant to 10 GCA §53105 of the Guam Safe Drinking Water Act. (b) Any order or decision of the Administrator pursuant to these Regulations shall become final, …

§9115. Severability. If any provision of these Regulations, or its application to any person or circumstances, is held invalid, the application of such provision to other persons or circumstances, and the remainder of these Regulations, shall not be affected thereby. CH. 9 - UNDE…

§1101. Authority. The authority of the Commission is derived from Public Law 12-209.

§1102. Duties. (a) The Commission shall advise the Director of the Department of Parks and Recreation on such matters as he shall bring before it, at meetings called by him. (b) The Commission shall meet at the request of any of its members to discuss such matters relative to the…

§1103. Meetings. (a) The Commission shall meet biweekly and at other times deemed necessary by the Commission. (b) Official meetings of the Commission shall be convened when a quorum of at least the majority of appointed Commission members are present. (c) Commission meetings sha…

§1104. Organization. (a) The Commission shall have a permanent Chairperson, appointed by the Governor and a Vice-Chairperson selected by the Commission. CH. 1 - OPERATION POLICY - 1997 - P. 2 23 GAR - PARKS AND RECREATION DIV. 1 - PARKS & RECREATION COMMISSION (b) There shall be …

§1105. Absences. (a) Excused absences shall be issued to members upon prior notification to the Chairperson. (b) All other absences shall be considered unexcused. (c) Upon receiving three (3) consecutive unexcused absences, a Commission member will be asked to submit his/her resi…

§1106. Agenda. The following agenda will be followed at all regular or special meetings of the Commission: (a) Call to Order (b) Approval of Minutes (c) Old Business (d) New Business (e) Announcements (f) Executive Session (Optional) (g) Adjournment…

§1107. Procedures. All Commission procedures not expressed in these rules shall be covered by parliamentary procedure.

§1108. Amendments. NOTE: Rule-making authority cited for formulation of regulations by the Parks and Recreation Commission, §3115, Chapter 3, 5 GCA. These Rules and Regulations were filed with the Legislative Secretary on November 17, 1975. The original publication was made on Fe…

§2101. Authority. Upon a determination that it is essential to maintain the natural beauty and preserve the historical and cultural importance of the Territorial Park System, as well as provide for recreational activities, and consistent with the intent of the Legislature, the Di…

§2102. Scope. These regulations are applicable to all soliciting, advertising, rentals, and sales in parks. These rules will not apply to those areas of the Paseo de Susana which are under the jurisdiction of the Department of Commerce.

§2103. Definition. (a) Commission means the Parks and Recreation Commission. CH. 2 - PARKS VENDOR REGULATIONS - 1997 - P. 1 (b) Department means the Department of Parks and Recreation. (c) Director means the Director of Parks and Recreation. (d) Parks means those areas in the Gua…

§2104. Parks of Unallowable Solicitation. It shall be unlawful for any person to attempt to sell, lease, or otherwise transfer for gain any merchandise or service whatsoever within the areas specified in Section 1.d, except upon permission therefore first obtained from the direct…

§2105. Parks of Allowable Solicitation. That the maximum number of vendors per park area is two, except for the following park areas: (a) Puntan dos Amantes - 5 (b) Latte Park - 3 (c) Plaza de Espana - 3 (d) Paseo de Susana (Statue of Liberty) - 5 (e) Fort Santa Agueda - 3…

§2106. Permits. All park vendors with authorized permits shall be allowed to continue to operate in the park CH. 2 - PARKS VENDOR REGULATIONS - 1997 - P. 3 area already designated in their permit. Only one vendor permit shall be issued per business license. The vendor receiving a…

§2107. Authorized Vendor Permit. Any person found operating in the park area without an authorized vendor permit shall be charged with 9 GCA Chapter 37.30 Criminal Trespass.

§2108. Amplification Devices. No vendor shall use sound amplification devices for the purpose of soliciting, advertising, or selling in any park without prior written authorization from the Director or his authorized representative.

§2109. Permits: Generally. Application for park vendor permits must be filed with the Director, in a form prescribed by the Director or his authorized representative.

§2110. Permit: Application. All applications for park vendor permits shall be accompanied by the following: (a) The appropriate business license as provided by 11 GCA §70101. (b) The appropriate health certificates, if applying for a permit to sell food or beverages, as provided …

§2111. Same: Display. Each vendor, while in the park, must display at all times a vendor identification bearing his or her name issued by the Director. CH. 2 - PARKS VENDOR REGULATIONS - 1997 - P. 4

§2112. Permit Renewal. Permits shall be renewable on an annual basis. Permit will start on July 1st of each year and expire June 30, of the following year.

§2113. Structures. All structures: (a) shall be erected only in those areas assigned to the vendor by the Director or his representative; (b) may remain erected between 7:00 a.m. and 5:00 p.m. each day, unless written permission is obtained from the Director; (c) shall occupy a c…

§2114. Signs. Each vendor may display one sign, not to exceed four feet in size, limited to the following information: name of vendor, a list of products being offered for sale or rent, and prices of the products. Each sign shall be attached flush to the side of the vendor's stru…

§2115. Designated Areas. Vendors shall confine their activities to the specific areas assigned to them by the Director or his representative. No vendor shall solicit, advertise or sell outside the specific area assigned to that vendor without the prior authorization of the Direct…

§2116. Maintenance: Trash. Vendors shall keep their areas in a neat and orderly manner. Vendors are required to have a trash receptacle within their authorized area and shall remove all trash and debris from the park daily generated by their operation.

§2117. Same: Display Table. Vendors shall have a display table size not to exceed 10 feet by 4 feet to display their merchandise. Auxiliary tables are not permitted. All merchandise, either for sale or for advertising purposes, must be displayed only on top of and/or directly att…

§2118. Same: Plants and Improvements. No signs shall be attached to any trees, shrubs, and park CH. 2 - PARKS VENDOR REGULATIONS - 1997 - P. 5 improvements, nor shall vendor damage any trees, shrubs and park improvements.

§2119. Vendor Vehicles. Vendor vehicles must be parked in areas designated by the Director or his representative. Vendors are not to drive their vehicle in the park under any circumstances.

§2120. Alcoholic Beverages. The Director, on a case by case basis, shall decide when alcoholic beverages can be sold in a park area. If a vendor is authorized, that vendor shall not sell such beverages in cans or glass containers.

§2121. Compliance With Government of Guam Land Use Controls. All vendors shall comply with the Government of Guam land use controls, such as zoning, seashore protection, building code and federal public law and outdoor recreation grant land use restrictions where applicable.

§2122. Violations. (a) For violations of these or other relevant rules, regulations, or statutes, vendor shall be fined $50.00 per violation, vendor may also have his license suspended or revoked after a hearing conducted in accordance with the Administrative Adjudication Act. (b…