Title 10 — Health and Safety

This Chapter shall be known as the “Underground Storage of Regulated Substances Act.”

The purpose of this Chapter is to: (a) establish a program to prevent contamination from substances stored underground; (b) ensure that newly constructed underground storage tanks meet appropriate standards; (c) ensure that existing tanks be properly maintained, inspected, and te…

(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 Environmental Protection Agency. (d) CERCLA means the Comprehensive Environmental R…

The Administrator shall: (a) develop and administer a UST program for Guam pursuant to this Chapter; (b) provide technical assistance to local and federal agencies, and other persons, and cooperate with appropriate local agencies and private organizations in enforcing this Chapte…

(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 use. (b) For an underground storage tank that was taken out of operation on or before January…

From the effective date of this Chapter until the effective date of new UST standards enacted hereunder, all new and existing USTs shall: (a) prevent release of stored regulated substances due to corrosion or structural failure for the operational life of the tank; (b) be cathodi…

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, Novem…

(a) The Administrator shall develop and implement a delivery prohibition program with processes and procedures that at least meets the requirements set forth in “Grant Guidelines to States for Implementing the Delivery Prohibition Provision of the Energy Policy Act of 2005” (EPA-…

The Administrator shall develop and administer an operator training program that is at least as stringent as the requirements set forth in the “Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005” (EPA-510-D-07-002, August …

(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 …

(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 subje…

No later than twenty-four (24) hours after he/she suspects a release from a tank or ancillary equipment has occurred, the owner and the operator of a UST shall notify the Agency orally or in writing. Within fourteen (14) days after he/she suspects a leak, the owner and operator s…

(a) The owner or operator of a UST shall stop a confirmed release within twelve (12) hours of confirmation or knowledge that a release occurred. The owner and operator shall take corrective action in response to a release to protect human health and the environment, and shall res…

There is hereby established a fund to be known as the “Underground Storage Tank Management Fund,” hereafter referred to as the UST-LUST 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, r…

(a) All owners and operators of UST systems, within one hundred eighty (180) days of the effective date of this Chapter, shall establish and maintain evidence of financial responsibility, as provided for in this Section, for taking corrective action and compensating third parties…

(a) The owner shall close a UST so as to prevent future releases of regulated substances. The owner and operator shall comply with the release response provisions in this Chapter, and other requirements promulgated by the Administrator, before and during removals of the USTs and …

(a) No person shall own, install, or operate a UST without 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 rules and regulations describing the UST Fee…

The Administrator may inspect all USTs at reasonable times to take corrective action or to ensure compliance with this Chapter and the rules and regulations enacted pursuant hereto. The Administrator’s authority to inspect shall include, but is not limited, to the following: (a) …

Reports and records submitted to the Agency by any person on the ownership, installation, or operation of underground storage tanks or tank systems shall be made available for inspection by the public during established office hours, except as provided in this Section. Upon a sho…

Any notice or other official correspondence affecting 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 address of such person as shown by the Agency records. The return receipt, signed by a…

(a) Any person who received an order from the Administrator pursuant to this Chapter or any person whose permit application is disapproved by the Administrator may, within fifteen (15) calendar days after receipt thereof, file with the Board a notice of intent to appeal and a ver…

The Administrator may, in addition to the other powers conferred on him/her by this Chapter, file an action in the Superior Court of Guam to immediately restrain any violation or threatened violation of this Chapter or the rules and regulations enacted pursuant hereto.

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).

(a) A person who violates any provision of this Chapter, or rules or regulations enacted pursuant hereto, or 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 …

This Chapter shall be known as the “Aboveground Storage of Regulated Substances Act.”

The purpose of this Chapter is to: (a) establish a program to provide requirements and classifications for aboveground storage tank systems and inter-terminal pipelines that store regulated substances in order to minimize the occurrence and environmental risks of releases and dis…

(a) Aboveground Storage Tank (AST) means any storage tank fifty-five (55) gallons or more containing a regulated substance 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 fi…

The Administrator shall: (a) develop and administer an AST program for Guam pursuant to this Chapter; (b) provide technical assistance to local and federal agencies, and other persons, and cooperate with appropriate local agencies and private organizations in enforcing this Chapt…

(a) Except as otherwise provided in this Section, each 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 oper…

From the effective date of this Chapter until the effective date of any new AST standards enacted hereunder, all new and existing ASTs shall: (a) prevent release of stored regulated substances due to corrosion or structural failure for the operational life of the tank; (b) be cat…

Release Detection Standards. (a) The Administrator shall develop and implement a program that requires secondary containment for ASTs that at least meets the minimum requirements under the Oil Pollution Prevention of the Clean Water Act. These requirements apply to owners and ope…

(a) The Administrator shall develop and implement a delivery prohibition program with processes and procedures that meet the requirements set forth in this Chapter and rules and regulations promulgated pursuant to this Chapter. (b) The Administrator shall prohibit the delivery, d…

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 promulgated pursuant to this Chapter.

(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 this Chapter and r…

(a) Upon timely application, any person whose interests 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 subj…

No later than twenty-four (24) hours after he/she suspects a release from a tank or ancillary equipment has occurred, the owner or operator of an AST shall notify the Agency orally or in writing. Within fourteen (14) days after he/she suspects a leak, the owner or operator shall …

(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, an…

There is hereby established a Fund to be known as the 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, reimbu…

(a) All owners or operators of AST systems, within one hundred eighty (180) days of the effective date of this Chapter, shall establish and maintain evidence of financial responsibility, as provided for in this Section, for taking corrective action and compensating third parties …

(a) The owner or operator shall close an AST so as to prevent future releases of regulated substances. The owner and operator shall comply with the release response provisions in this Chapter, and other requirements promulgated by the Administrator, before and during removal of t…

(a) No person shall own, install, or operate an AST, with a total aggregate of five hundred (500) gallons or more, without 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 Chap…

The Administrator may inspect all ASTs at reasonable times to take corrective action or to ensure compliance with this Chapter and the rules and regulations promulgated pursuant to this Chapter. The Administrator’s authority to inspect shall include, but is not limited to, the fo…

(a) Reports and records submitted to the Agency by any person on the ownership, installation, or operation of aboveground storage tanks or tank systems shall be made available for inspection by the public during established office hours, except as provided in this Section. (b) Up…

Any notice or other official correspondence affecting 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 ad…

(a) Any person who received an order from the Administrator pursuant to this Chapter, or any person whose permit application is disapproved by the Administrator, may, within fifteen (15) calendar days after receipt thereof, file with the Board a notice of intent to appeal and a v…

The Administrator may, in addition to the other powers conferred on him/her by this Chapter, file an action in the Superior Court of Guam to immediately restrain any violation or threatened violation of this Chapter, or rules and regulations promulgated pursuant to this Chapter.

All agencies of the government of Guam and of the government of the United States shall comply with all provisions of this Chapter, including permit requirements, with the exception of §§ 76215 and 76217(d) of this Chapter.

(a) A person who violates any provisions of this Chapter, or rules or regulations promulgated pursuant to this Chapter, or 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…

2019 NOTE: Reserved pursuant to P.L. 34-140:2 (Dec. 12, 2018).

2019 NOTE: Reserved pursuant to P.L. 34-140:2 (Dec. 12, 2018).