(a) It shall be unlawful for any person to: (1) Violate any provision of this Chapter or any rule, regulation, standard, or order issued pursuant to this Chapter; (2) Own, operate or use a dump for the disposal of hazardous waste; (3) Place, or allow to be placed, any hazardous waste upon the highways, public or private property contrary to the provisions of this Chapter; (4) Manage hazardous waste facilities without a permit issued pursuant to this Chapter;
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(5) Store, collect, transport, process or dispose of hazardous waste in such a manner as to degrade the environment, create a public nuisance, create a health or safety hazard as determined by the Director of the Department of Public Health and Social Services or the Administrator or violate any provision of this Chapter; (6) Knowingly make any false statement or representation in any hazardous waste application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of compliance with the provisions of this Chapter. (7) Improperly manage or operate a hazardous waste management facility. (8) open burn hazardous waste. (b) Each day of continued violation of this section or the provisions of this Chapter or rules and regulations authorized herein shall be deemed a separate offense or violation. SOURCE: Subsection (a)(7) added by P.L. 24-139:8 (Feb. 21, 1998). Subsections (a)(8) and (9) added by P.L. 36- 139:2 (Dec. 28, 2022), effective 60 days after enactment pursuant to P.L. 36-139:4. Subsection (a)(8) amended and (a)(9) repealed by P.L. 37-001:1 (Feb. 22, 2023). 2024 NOTE: Section 2 of P.L. 36-139 (Dec. 28, 2022) added subsections (a)(8) and (9) to this provision, and Section 3 of P.L. 36-139 mandated that the Guam Environmental Protection Agency (GEPA) promulgate administrative rules and regulations for the implementation of subsection (a)(9). Section 4 of P.L. 36-139 stated: “This Act shall be effective sixty (60) days from the date of enactment”; i.e., February 26, 2023. Before it could take effect, P.L. 36-139 was amended by P.L. 37-001:1 (Feb. 22, 2023). The law amended Section 2 of P.L. 36-139 to remove any reference to subsection (a)(9), which resulted in the de facto repeal of both subsection (a)(9) and Section 3 of P.L. 36-139. 2011 NOTE: P.L. 24-139 was found to be invalid by the Guam Supreme Court in Pangelinan v. Gutierrez, 2000 Guam 11, thereby voiding the effects to this section by that public law. P.L. 24-272 was found to be invalid by Pangelinan v. Gutierrez, 2004 Guam 16. However, in San Miguel v. DPW, 2008 Guam 3, the Court reversed and found P.L. 24-272 to be valid.