Title 10 — Health and Safety
112 chapters · 2,597 sections in this title.
10 GCA § 45101 Short Title
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This Chapter shall be known as the “Guam Environmental Protection Agency Act.” SOURCE: GC § 57000.
10 GCA § 45102 Statement of Policy and Purpose
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(a) It is hereby declared to be the public policy of Guam that a high quality environment be maintained at all times to guarantee an enjoyable life for all people at present and in the future, and that environmental degradation of the quality of land, water and air by any polluta…
10 GCA § 45103 Guam Environmental Protection Agency
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(a) There is hereby created a Guam Environmental Protection Agency, hereinafter referred to as the Agency. The management of the Agency shall be vested in a Board of Directors consisting of nine (9) members to be appointed by I Maga’håga/Maga’låhi with the advice and consent of I…
10 GCA § 45104 Administration
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[Repealed, reserved, or text not separately stated.]
10 GCA § 45105 Powers and Duties
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(a) The Guam Environmental Protection Agency shall be responsible for the implementation of (1) the Guam Food, Drug and Cosmetic Act, 10 GCA Chapter 40; (2) the Toxic Substances Exposure Compensation Act, 10 GCA Chapter 41; (3) the Guam Beverage Container Recycling Act of 2010, 1…
10 GCA § 45106 Rules and Regulations
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Notwithstanding the provisions of 5 GCA Chapter 9, rule-making procedures under the Administrative Adjudication Act, the Agency is hereby authorized and directed to adopt, amend and repeal rules and regulations implementing and consistent with the powers and duties vested in the …
10 GCA § 45107 Abolishment of Water and Air Pollution Control Commissions
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The Water Pollution and Control Commission and the Air Pollution Commission, established pursuant to Chapter XI and Chapter XII of Title X of the Government Code of Guam are hereby abolished. SOURCE: GC § 57006.
10 GCA § 45108 Assistance by Governmental Agencies
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Office space and housekeeping functions shall be provided by the Department of Public Health and Social Services and other logistic support shall be provided by the Department of Administration. The services and facilities of departments, agencies and instrumentalities of the gov…
10 GCA § 45109 Transfer of Officers and Employees
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All officers and employees of the Water Pollution Control Commission, the Air Pollution Control Commission, Department of Public Health and Social Services, the Guam Waterworks Authority and the Department of Agriculture who have performed exclusively the functions transferred by…
10 GCA § 45110 Transfer of Assets, Records and Operational Appropriations
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The balance of all unexpended appropriations and all assets, property and records of the Guam Water Pollution Control Commission, the Air Pollution Control Commission, the Department of Public Health and Social Services, the Guam Waterworks Authority or the Department of Agricult…
10 GCA § 45111 Definitions
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Except as provided in or where otherwise clearly indicated by the content, the following definitions shall apply throughout this Part: (a) “Agency” means the Guam Environmental Protection Agency; and (b) “Administrator” means the Administrator of the Guam Environmental Protection…
10 GCA § 45112 Environmental Law Attorney for the Guam Environmental Protection Agency
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Notwithstanding any other provision of law, the Guam Environmental Protection Agency is authorized to use its federal funds to hire an attorney for its exclusive use. The attorney shall be hired as a classified employee pursuant to the provisions of § 4103(g) and § 4103(h) of Cha…
10 GCA § 45200 Guam Environmental Trust Fund
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(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Guam Environmental Trust Fund (Fund). The Fund shall not be commingled with the General Fund and shall be kept in a separate bank account, subject to legislative approp…
10 GCA § 45201 Use of Funds and Keeping a Safe and Healthy Environment
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Up to Twenty-five percent (25%) of the funds in the Guam Environmental Trust Fund may be utilized by the Administrator of the Guam Environmental Protection Agency for programs relative to the prevention of environmental problems, and the promotion of keeping a safe and healthy en…
10 GCA § 45202 Authorized Expenditure and Emergency Declaration
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Notwithstanding § 45200(a) of this Chapter, the Administrator of the Guam Environmental Protection Agency is hereby authorized to spend no more than Five Thousand Dollars ($5,000.00) for the purposes of assessment, cleaning up hazardous materials and restoring and repairing damag…
10 GCA § 45203 Submission of Detailed Report of Expenditures on a Quarterly Basis
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The Administrator of the Guam Environmental Protection Agency shall submit to I Liheslaturan Guåhan and I Maga’hågan/Maga’låhen Guåhan a detailed report of the expenditures of the Guam Environmental Trust Fund on a quarterly basis. SOURCE: Added by P.L. 26-154:5 (Dec. 3, 2002).
10 GCA § 45204 [Action by the Attorney General to Recover Damages.]
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The Attorney General of Guam shall take all necessary action to recover damages from the parties responsible for environmental damages to government and private property. Any damages collected as a result shall, after deducting legal costs, be deposited into the Fund. SOURCE: Add…