Title 10 — Health and Safety

The Agency is authorized and directed to: (a) hold hearings related to any aspect of, or matter in the administration of, this Chapter, and in connection therewith, compel the attendance of witnesses and the production of evidence; (b) require access to records relating to emissi…

The Administrator shall have and may exercise the following powers and duties: (a) to consider actions of the agency as set forth in § 49104 of this Chapter, and shall take actions as necessary to protect human health, welfare or the environment; (b) to issue, amend, rescind and …

The Administrator may require an owner or operator of any source, on a continuous, periodic or one-time basis to: (a) establish, maintain and submit records; (b) draft reports; CH 49 AIR POLLUTION CONTROL ACT (c) install, use and maintain monitoring equipment, and use audit proce…

(a) Program Applicability. (1) The Administrator shall determine which air pollution emission sources shall be obligated to apply for, and obtain, air pollution control permits. At a minimum the Administrator shall require a permit for any air pollution emission source that is cl…

(a) Any duly authorized officer, employee or representative of the Agency may enter and inspect any property, premise or place on or at which an air pollutant source is located or is being constructed, installed or established at any reasonable time for the purpose of ascertainin…

(a) The Agency shall establish the emission control requirement, by rule or regulation, necessary to prevent, abate or control air pollution. The requirements may be for the Territory as a whole, or may vary from area to area, as may be appropriate to facilitate accomplishment of…

(a) Any person who owns or who is in control of any plant, building, structure, establishment, process or equipment, may apply to the Agency for a variance from the rules and regulations. The Agency may grant a variance, but only after public hearing on due notice, if it finds th…

(a) Any person who received an order from the Administrator, as authorized by this Chapter, and any person whose permit application is disapproved or denied by the Administrator, may within fifteen (15) days of the date of receipt of the order or disapproval, file a notice of int…

(a) Whenever the Agency determines that there is probable cause based upon an investigation that a violation of any provision of this Chapter or rule or regulation pursuant thereto has occurred, it may cause written notice to be served upon the alleged violator or violators. The …

CH 49 AIR POLLUTION CONTROL ACT (a) Notwithstanding any other law, if the Administrator determines that a pollution source or combination of sources is creating an imminent and substantial endangerment to the public health, welfare or the environment, the Administrator, with the …

(a) Any records, reports, or information obtained under '§ 49106, 49107 and 49108 of this Chapter shall be available to the public, except that upon a showing satisfactory to the Agency by any person that records, reports or information, or particular part thereof, other than emi…

The Agency may maintain an action to restrain any violation or threatened violation of the provisions of this Chapter, or the rules and regulations authorized. The right to injunctive relief is in addition to any other powers or penalties conferred by this Chapter.

(a) Administrative Penalties. The Administrator may issue an administrative order against any person and assess a civil administrative penalty of up to Ten Thousand Dollars ($10,000.00) per day per violation not to exceed a total penalty of Two Hundred Thousand Dollars ($200,000.…

(a) As the state of knowledge and technology relating to the control of emission from motor vehicles may permit or make appropriate, and in furtherance of the purpose of this Chapter, the Agency may provide rules and regulations for the control of emissions from motor vehicles. T…

CH 49 AIR POLLUTION CONTROL ACT (a) This Law shall go into effect one hundred eighty (180) days after enactment. During that initial one hundred eighty (180) day period, the Administrator of the Guam Environmental Protection Agency shall educate the public about the new law and g…

Notwithstanding any other provision of law, rule or administrative policy or waiver, effective January 1, 2011, all diesel fuel imported to Guam shall meet the USEPA standards for ultra-low sulfur diesel fuel. For purposes of this Section, ultra - low sulfur diesel fuel shall be …

The provisions of this Chapter are severable and if any of the provisions of this Chapter are held invalid or unconstitutional or CH 49 AIR POLLUTION CONTROL ACT the application thereof to any person or circumstance is held inapplicable, such invalidity, unconstitutionality, or i…

This Chapter may be cited as the “Guam Pesticides Act of 2007” and has the following purposes: (a) To regulate the importation, production, sale, distribution, use and application of pesticides in the interest of public safety and to ensure that all pesticides sold, stored, distr…

As used in this Chapter unless the content clearly requires otherwise: (a) Active Ingredients shall mean: (1) In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repeal or mitigate any pest; (2) In the…

The Agency shall be responsible for the implementation of this Chapter. All authority vested in the Board by virtue of this Chapter may, with like force and effect, be exercised by such employees of the Agency as the Board may from time to time designate for the purpose. The Boar…

The Administrator shall the have the following powers and duties: (a) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter; (b) Establish an effective enforcement program for the implementation of this Chapter; (c) In implementing…

(a) Issuance. Any person who already has received appropriate approval under FIFRA from U.S. EPA for an experimental use permit that includes experimental use of a pesticide in Guam must apply to the Administrator for an experimental use permit for the pesticide prior to experime…

(a) Any federally registered pesticide for which the Administrator has determined has an additional use which meets special local needs in accordance with FIFRA, may be registered with the USEPA Administrator, provided that the federal registration for the pesticide or the device…

Pesticides, Certification and Record Keeping. (a) Licensing. Every person who imports, sells or distributes restricted use pesticides shall obtain an annual license from the Agency. Requirements, procedures and fees for licenses shall conform to the regulations promulgated under …

Each container of pesticides which is offered for sale and distribution shall bear thereon or attached thereto in a conspicuous place, a plainly written or printed label in the English language. Pesticide Importers shall assist Guam EPA on the development and translation of publi…

(a) Pesticides known as standard lead arsenate, basic lead arsenate, sodium arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate or barium fluosilicate shall be distinctly colored as specified by regulation.

(a) It shall be unlawful for any person to import, distribute, sell, or offer for sale in Guam: (1) Any pesticide or device which is not registered with USEPA or whose registration has been cancelled or suspended; (2) Any pesticide that is misbranded; (3) Any pesticide that is no…

“Stop Sale”, “Use”, “Removal”, and “Seizure”. (a) Whenever a pesticide or device is found by the Administrator or his designated agent and there is reason to believe that the pesticide or device has been or is intended to be distributed, used, sold or disposed of in violation of …

An importer desiring to import any pesticides or devices as defined in this Act into Guam shall submit to the Administrator a completed Agency’s Notice of Arrival form prior to the arrival of the shipment. Upon receipt, the Administrator shall complete said form, indicating the d…

Upon arrival of a shipment of pesticides or devices, the importer or his agent shall submit to the Customs Officer at the port of first arrival, the Notice of Arrival completed by the Administrator and indicating to Customs the action to be taken on the shipment of pesticides or …

When a shipment of pesticides or devices arrives in Guam without the submission by the importer or his agent of the Notice of Arrival, such shipment shall be refused entry by the Customs Officer. Any expenses incident to the handling, storage or transfer of pesticides or devices …

If the completed Notice of Arrival directs the Customs Officer to release the shipment of pesticides or devices and from examination if it appears to be in compliance, the shipment shall be released to the importer. If the completed Notice of Arrival directs the Customs Officer t…

(a) The Agency or any authorized representative or employee of the Agency may enter upon any public or private property, according to law at any reasonable time to examine and inspect application methods and equipment, to examine and collect documentary and environmental evidence…

(a) Any person who receives an order from the Administrator as authorized by this Chapter and any person whose license, certification, permit, registration or Notice of Arrival is disapproved by the Administrator may, within fifteen (15) days of the date of receipt of such order …

(a) Criminal Penalties. Any person who knowingly violates any provision of this Chapter, or any valid rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful license, certification, permit, registration, Notice of Arrival, or order …

There is established a non-lapsing, revolving fund, hereafter referred to as the “Pesticide Management Fund” (Fund) which shall be maintained separate and apart from any other funds of the government of Guam and shall be administered by the Administrator of the Guam Environmental…

(a) Enforcement. There is hereby established within the Agency’s Pesticide Enforcement Program under the Air and Land Division, two (2) additional staff for the purpose of implementing and enforcing this Act and related environmental activities relative to the functions of the Ag…

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or application, and to t…

(a) I Liheslaturan Guåhan finds: COL 2026-05-05 (1) the Ordot Landfill is a threat to the health and safety of the residents of Guam, and specifically for the residents of Ordot-Chalan Pago, Yona and the villages down river and downwind; (2) solid waste collection and disposal on…

For the purpose of this Chapter, the following words and phrases shall have the meanings given herein, unless their use in the text of the Chapter clearly demonstrates a different meaning. (a) Administrator means the Administrator of GEPA or his designee. (b) Agency means GEPA. (…

(a) The Agency shall have the authority under this Act and other laws of Guam, pursuant to the Administrative Adjudication Law, to: (1) prepare and adopt in accordance with the Administrative Adjudication Law an interim Solid Waste Management Plan, consistent with the provisions …

(a) The Administrator is authorized and directed to issue permits for all collectors, operators and solid waste management facilities, their design, operation, maintenance, substantial alteration, modification or enlargement. All such permits shall be non-transferable and conditi…

Each application for a permit, or renewal application, shall be accompanied by a certified check or money order in the amount prescribed by regulations. All fees required by the section shall be non- returnable and shall be placed in the revolving fund established under Section 5…

(a) The Agency is hereby authorized to inspect all solid waste and hazardous waste management facilities at all reasonable times to insure compliance with the laws of Guam, the provisions of this Chapter and the rules and regulations authorized herein. This authority shall includ…

A search warrant relating to offenses of environmental laws may be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant. SOURCE: Added by P.L. 24-309:7 (Dec. 1…

The Agency is hereby authorized to include as part of permit fees under § 51105, fees for inspections conducted of all solid waste management facilities, hazardous waste treatment, storage and disposal facilities, hazardous waste transporters, generators of hazardous waste, waste…

Any notice, order or other official correspondence affecting the rights of any person under this Chapter shall be delivered by personal service or sent by registered or certified mail with a return receipt to the address of such person as shown by the records of the Agency. The r…

(a) Any person who received an order from the Administrator as authorized by this Chapter and any person whose permit application is disapproved by the Administrator may, within fifteen (15) days of the date of receipt of such order or disapproval, file a Notice of Intent to appe…

(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 solid waste; (3) Place, or allow to be placed, any solid waste upo…

(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 w…