Public Law 30-36 - An Act to repeal and re-enact Chapter 76, of Title 10, Guam Code Annotated, relative to the storage of hazardous materials (Underground Storage of Regulated Substances Act)

Felix P Camacho Governor Michael W Cruz, M.D. Lieutenant Governor The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Trenta Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 2 4 JUN 2009 •·.j IJ1 Transmitted herewith is Bill No. 80(COR) "AN ACT TO REPEAL AND RE-ENACT CHAPTER 76 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE STORAGE OF HAZARDOUS MATERIALS" which I signed into law on June 19, 2009 as Public Law 30-36. q::::;:;; FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment: copy of Bill 30-07-07'/3 Office of the Speaker Judith r.wc,n Pat, Ed. D. Da t./~ te (3 Time . e:'L Recei-ied by ::~~ I MINA'TRENTA NA LIHESLATURAN Gl.IAflAN 2009 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAfiAN This is to certify that Substitute Bill No. 80 (COR), "AN ACT TO REPEAL AND RE ENACT CHAPTER 76 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE STORAGE OF HAZARDOUS MATERIALS," was on the 29 th day of May 2009, duly and regularly passed. Attested: vicen~inan Acting Legislative Secretary This Act was received by I Maga'lahen Guahan this °1 2:i:oc;; o'clock .t-.M. I Maga'lahen Guahan Date: Lf ~N'~ ~ PublicLawNoaO• 3C day of (Jlµ,..v', 2009, at Maga'lahi's Office I MINA 'TRENTA NA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session Bill No. 80 (COR) As substituted by the Author, and amended. Introduced by: T. C. Ada F. B. Aguon, Jr. F. F. Blas, Jr. E. J.B. Calvo B. J.F. Cruz J. V. Espaldon Judith P. Guthertz, DPA T. R. Mufia Barnes v. c. pangelinan Adolpho B. Palacios, Sr. M. J. Rector R. J. Respicio Telo Taitague Ray Tenorio Judith T. Won Pat, Ed.D. AN ACT TO REPEAL AND RE-ENACT CHAPTER 76, OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE STORAGE OF HAZARDOUS MATERIALS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Chapter 76, Title 10, Guam Code Annotated, is repealed and 3 re-enacted to read: 4 "CHAPTER 76 5 UNDEB~ROUNDSJORAGEOFREGULATEDSUBSTANCES j;~ .,r; ·.. ..,,,, 6 §76101. Title. This Chapter shall be known as the "Underground 7 Storage of Regulated Substances Act." 1 1 §76102. Statement of Purpose. The purpose of this Chapter is 2 to: 3 (a) establish a program to prevent contamination from substances 4 5 6 7 8 9 10 11 12 13 14 15 , 16 17 18 19 20 21 22 23 24 25 26 stored underground; (b) ensure that newly constructed underground storage tanks meet appropriate standards; ( c) ensure that existing tanks be properly maintained, inspected, and tested by licensed and certified professionals; and ( d) enact and establish regulations, guidelines, standards, and policies that ensure consistent cleanup of regulated substances and mitigation of the damage they cause. §76103. Definitions. (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 Response, Compensation, and Liability Act, commonly called Superfund, which was enacted by Congress on December 11, 1980, and amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. ( e) Corrective Action means the investigation and cleanup of contamination from solid and hazardous waste sites, and includes action taken to minimize or mitigate the impact of a release from an Underground Storage Tank (UST) or tank system. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (f) Gathering Lines means any pipelines, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations. (g) Guarantor means any person, other than the owner or operator, who provides evidence of financial responsibility for the UST. (h) Hazardous Substance Underground Storage Tank or Hazardous Substance Underground Storage Tank System means a UST or tank system that contains a hazardous substance, as defined in Section 101 ( 14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, but not including any substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act (RCRA), as amended, or any mixture of such substances and petroleum, and which is not a petroleum UST or tank system. (i) Installation means to add or replace equipment. (j) Installation Permit means a written approval from the Administrator to construct, install, or put into place, a UST system. (k) Maintenance means the operational upkeep to prevent a UST system from releasing product. (1) Motor Fuel means petroleum or petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, any grade of gasohol, any grade of ethanol, or any grade of bio-diesel and that is used to operate a motor engine. (m) Operate means to control or direct the function of a UST. (n) Operator means any person in control of, or who is responsible for, the daily operation of a UST. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ( o) Owner means: (1) in the case of a UST system in use on November 8, 1984, or brought into use on or after that date, any person who owns a UST system used for the storage, use or dispensing of regulated substances; and (2) in the case of a UST system in use before November 8, 1984, but no longer in use after that date, any person who owned such UST system immediately before the discontinuation of its use. (p) Permit means Installation Permit. ( q) Person means an individual, trust, firm, corporation, partnership, consortium, joint venture, joint stock company, political subdivision of a state, any interstate body, commercial entity, association, or agency, department, instrumentality of the Federal government or the government of Guam, including, autonomous agencies or any other legal entity. (r) Petroleum Marketing Facilities means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public. (s) Pipe or Piping means a hollow cylinder or the tubular conduit constructed of non-earthen materials. Pipe or Piping includes elbows, couplings, unions, valves, or other inline fixtures, that contain and convey regulated substances from a UST to a dispenser. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (t) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways and any associated equipment, facilities, or buildings. (u) RCRA means the Solid Waste Disposal Act of 1980, as amended by the Resource Conservation and Recovery Act of 1984, as amended. (Public Law 87-272, Title II, §9001, as added Public Law 98-616, Title VL §601 (a), November 8, 1984, 98 Stat. 3277, and amended Public Law 99-499, Title IL §205(a), October 17, 1986, 100 Stat. 1696; Public Law 102-508, Title IIL §302, October 24, 1992, 106 Stat. 3307; Public Law 103-429, §7(d), October 31, 1994, 108 Stat. 4389; Public Law 109-58, Title XV, §1532(a), 1533(1), August 8, 2005, 119 Stat. 1104, 1105; 42 US.C. §6991c, et. Seq.) and regulations promulgated pursuant thereto. ( v) Regulated Substance means any element, compound, mixture, solution, or substance that, when released into the environment, may create substantial danger to the public health, welfare, or the environment. They include: (1) Any substance defined in Section 101(14) of CERCLA, Public Law 96-510, as amended, but not including any substance regulated as a hazardous waste under Subtitle C ofRCRA, also known as Public Law 94-580, as amended; (2) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (3) Any grade of gasohol, ethanol, or bio-diesel; and 5 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( 4) Any other substance as designated by the Administrator. ( w) Release means the spill, leak, em1ss10n, discharge, escape, leaching, or disposing of a regulated substance from a UST. (x) Secondary Containment refers to a component of a secondary containment system and means a UST and its piping having inner and outer barriers. (y) Tank means underground storage tank (UST). (z) Underground Storage Tank or UST means any one (1) or combination of tanks, including underground pipes connected thereto, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground or water. §76104. Power and Duties of the Administrator. 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 Chapter; (c) serve as Guam's official representative for all purposes of Subtitle I of RCRA, also known as Public Law 94-580, as amended, and for the purpose of any Guam or federal legislation that regulates USTs; 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ( d) enact, modify, update, repeal, and enforce rules and regulations governing UST design, construction, installation, release detection and inventory control, compatibility, record maintenance, reporting, corrective action, closure, and financial responsibility in order to enforce this Chapter; ( e) establish the procedures for the issuance and review of permits governing the design, operation, and closure of US Ts; (f) enact and enforce other rules and regulations as necessary to establish a UST program, which meets the requirements of Section 9004 of Subtitle I ofRCRA; (g) issue, amend, rescind, and enforce orders as necessary to ensure compliance with this Chapter or any rules and regulations enacted pursuant hereto, including, but not limited to: ( 1) administrative penalty orders; (2) require corrective actions as may be necessary or appropriate to this Chapter; and (3) commence civil actions m the Superior Court of Guam, including, actions for a temporary or permanent injunction as needed to enforce this Chapter; (h) establish an effective enforcement system (that includes, at a minimum, a field citation program) for the prevention, control and abatement of UST pollution, including, specific conditions under the permit requirements and delivery prohibition of product to ineligible USTs and through all appropriate administrative and judicial courses of action; 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) establish a delivery prohibition program that describes, at a minimum, the criteria and mechanism for prohibiting the delivery, deposit, and acceptance of product to any UST system; (j) develop and establish operator training program requirements in cooperation with UST owners and operators; (k) issue, continue in effect, modify, revoke, reissue, or deny permits; (1) ensure that all permit holders comply with applicable requirements mandated by Federal and Guam statutes or rules; and (m) establish, accept, receive, and administer grants and other funds or fees from public and private agencies, including the Federal government, for carrying out any purpose of this Chapter. §76105. Notification Requirement. (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 1, 1974, regardless of whether the tank was removed from the ground, the owner is exempt from giving notice. (c) For an underground storage tank that was taken out of operation after January 1, 1974, but before November 8, 1984, and 8 1 that was removed from the ground before May 8, 1986, the owner is 2 exempt from giving notice. 3 ( d) For an underground storage tank that was taken out of 4 operation after January 1, 197 4, but before November 8, 1984, and 5 that was not removed from the ground before May 8, 1986, the owner 6 shall specify the type and quantity of the substances that were stored 7 in the tank immediately before it was taken out of operation. These 8 requirements are in addition to the requirements for the notice 9 prescribed in Subsection (a). 10 (e) For an underground storage tank that was taken out of 11 operation after November 8, 1984, but before December 22, 1988, the 12 Administrator shall require the owner to specify the age, size, . 13 location, and use of the tank, the type and quantity of the substances 14 that were stored in the tank immediately before it was taken out of 15 operation, and the date the UST ceased operation. 16 ( t) An owner who brings an underground storage tank into 17 operation shall meet the notification requirements of this Section 18 within thirty (30) days after the tanks are brought into operation. 19 (g) A person who sells a tank for use as an underground 20 storage tank shall notify the purchaser of the notice requirements of 21 Subsection (t). 22 (h) The notice required by this Section shall be made on 23 forms prescribed by the Agency. 24 §76106. Tank Standards. 25 From the effective date of this Chapter until the effective date of new 26 UST standards enacted hereunder, all new and existing USTs shall: 9 1 2 3 4 5 6 (a) prevent release of stored regulated substances due to corrosion or structural failure for the operational life of the tank; (b) be cathodically protected against corrosion, constructed of non corrosive material, or designed to prevent the release of the stored regulated substance; and ( c) be constructed and lined with materials compatible with the 7 substance stored. 8 §76107. Secondary Containment System - Release Prevention 9 and Release Detection Standards. 10 (a) The Administrator shall develop and implement a 11 program that at least meets the minimum requirements of the "Grant 12 Guidelines to States for Implementing the Secondary Containment 13 Provision of the Energy Policy Act of 2005" (EPA-510-R-06-001, 14 November 2006) published by U.S. EPA and any subsequent 15 modifications thereto. 16 (b) The Administrator shall require secondary containment 17 on all existing, new or replaced UST and connected piping. 18 ( c) The Administrator shall reqmre under-dispenser 19 containment on all motor fuel dispenser systems. 20 (d) The Administrator shall require that each existing, new, or 21 replaced UST and piping have a secondary containment system and be 22 monitored for leaks. 23 §76108. Delivery Prohibition Requirements. 24 (a) The Administrator shall develop and implement a delivery 25 prohibition program with processes and procedures that at least meets the 26 requirements set forth in "Grant Guidelines to States for Implementing the 10 1 Delivery Prohibition Provision of the Energy Policy Act of 2005" (EPA 2 510-R-06-003, August 2006) published by U.S. EPA and any subsequent 3 modification thereto. 4 (b) The Administrator shall prohibit the delivery, deposit, or 5 acceptance of regulated substances to a UST for both equipment and 6 operational violations. 7 §76109. Operator Training. 8 The Administrator shall develop and administer an operator training 9 program that is at least as stringent as the requirements set forth in the 10 "Grant Guidelines to States for Implementing the Operator Training 11 Provision of the Energy Policy Act of 2005" (EPA-510-D-07-002, August 12 2006) published by U.S. EPA and any subsequent modification thereto. 13 Operators shall participate in the UST operator training programs. 14 §76110. Leak Detection and Record Maintenance. 15 (a) The owner and operator of a UST shall maintain a leak 16 detection system that identifies releases dangerous to human health 17 and the environment. 18 (b) The owner or operator shall maintain systematic and 19 complete records to demonstrate compliance with this Chapter and 20 regulations enacted hereto. 21 §76111. Public Participation. 22 (a) Upon timely application, any person whose interests may 23 be adversely affected by a release or threatened from a UST system 24 shall be allowed to intervene as a right in any civil action when the 25 applicant claims an interest relating to the property or transaction 26 which is subject of the action, and the applicant is so situated that the 11 1 disposition of the action may as a practical matter impair or impede 2 the applicant's ability to protect that interest. 3 (b) Any person may maintain an action for declaratory and 4 equitable relief to restrain any violation of this Chapter. On a prima 5 facia showing of a violation of this Chapter, a preliminary injunction 6 shall be issued to restrain any further violation of this Chapter. No 7 bond is required for an action under this Subsection. 8 §76112. Notification and Reporting Requirements on 9 Releases. 10 No later than twenty-four (24) hours after he/she suspects a release 11 from a tank or ancillary equipment has occurred, the owner and the operator 12 of a UST shall notify the Agency orally or in writing. Within fourteen (14) 13 days after he/she suspects a leak, the owner and operator shall report to the 14 Agency in writing regarding the substance released, the quantity released, 15 the cause of the release, the time when the release occurred and the 16 corrective action taken as of the date of the report. 17 §76113. Corrective Action. 18 (a) The owner or operator of a UST shall stop a confirmed 19 release within twelve (12) hours of confirmation or knowledge that a 20 release occurred. The owner and operator shall take corrective action 21 in response to a release to protect human health and the environment, 22 and shall restore the environment and the UST and/or pipeline facility 23 to a condition acceptable to the Administrator. 24 (b) The Administrator may require the owner and operator to 25 undertake corrective action, investigation, monitoring, surveymg, 26 testing, and research necessary and appropriate to: 12 I 2 (I) identify the existence and extent of the release; (2) identify the source and nature of the regulated 3 substance involved; 4 (3) evaluate the extent of the danger to human health, 5 safety, welfare, and the environment; and 6 (4) develop and implement a corrective action plan. 7 ( c) If the owner or operator does not take immediate action 8 to complete actions under this Section and adequately complete the 9 cleanup of a release or fails to comply with an order of the IO Administrator, the Administrator may clean up the release or contract 11 with a private entity to do so. 12 ( d) If the Administrator is authorized to act under Subsection 13 (b) hereof, he/she may undertake such investigation, monitoring, 14 surveying, testing, and other information gathering as he/she deems 15 appropriate to identify the existence and extent of danger to human 16 health, safety, welfare, and the environment. In addition, the 17 Administrator may undertake or contract with a private entity to 18 undertake such planning, fiscal, economic, engineering, and other 19 studies and investigation he/she deems appropriate to plan and direct 20 cleanup actions, and to recover the costs and legal costs thereof. 21 §76114. Underground Storage Tank Management Fund. 22 There is hereby established a fund to be known as the "Underground 23 Storage Tank Management Fund", hereinafter referred to as the UST-LUST 24 Fund, a non-lapsing, revolving fund. 25 (a) Notwithstanding the Central Accounting Act, all fees, 26 reimbursements, assessments, fines, forfeitures, and other funds 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 collected or received pursuant to this Chapter, shall be deposited in the UST-LUST Fund. This Fund shall be kept in a bank licensed to do business on Guam, and funds shall be paid out only upon a request for payment or requisition submitted by the Director or Administrator and countersigned by the Chairman of the Board. All monies in this Fund shall require legislative appropriation. (b) The Administrator shall administer the UST-LUST Fund and make disbursements from the Fund: (1) to fund actions authorized by §76113 of this Chapter; (2) to train Agency employees in the regulation of USTs and response to release of regulated substances from USTs; or (3) to fund the administration, purchase of equipment, supplies, and payment of personnel costs arising from enforcement of this Chapter. §76115. Financial Responsibility. (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 for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tanks in at least the following per occurrence amounts: 14 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ( 1) For all owners or operators of petroleum underground storage tanks that are located at petroleum marketing facilities, or that own or operate five ( 5) or more tanks, or that handle an average of more than ten thousand (10,000) gallons of petroleum per month based on annual throughput for the previous calendar year: $2,000,000. (2) For all other owners or operators of petroleum underground storage tanks: $500,000. (b) Owners or operators of petroleum underground storage tanks shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental release arising from the operation of petroleum underground storage tanks in at least the following annual aggregate amounts: (1) For owners or operators of four (4) or fewer tanks, an annual aggregate amount of $1,000,000. (2) For owners or operators of five (5) or more tanks, an annual aggregate amount of $2,000,000. (3) For owners and operators often (10) or more tanks, an annual aggregate amount of at least $2,000,000, or such other higher aggregate amount as set forth in regulations promulgated by the Administrator. (c) Subject to the approval of the Administrator, an owner or operator of a UST shall establish evidence of financial responsibility by any one, or a combination of, the following methods in accordance with the rules and regulations promulgated by the Administrator: 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ( 1) commercial or private insurance, including, risk retention group; (2) qualification as a self-insurer as specified in Subsection (f) of this Section; (3) a guarantee, surety bond, or letter of credit; or (4) any other reasonable and economically practicable means. ( d) The Administrator shall not approve any financial responsibility method or combination of methods, unless the owner or operator has demonstrated that such method(s): are valid and enforceable; (1) (2) are issued by a provider that 1s qualified or licensed in Guam; (3) do not permit cancellation without allowing the Administrator to draw funds; (4) shall only be directly used for corrective action and third party liability costs; and (5) require the provider to notify the owner or operator and the Administrator of any circumstances that would impair or suspend coverage. ( e) Surety bonds shall be payable to the Guam Environmental Protection Agency, to include costs and expenses of the cleanup of any release, as well as, damages incurred by the government, consistent with the provisions of this Chapter. Any bond filed with the Agency must be issued by a bonding company authorized to do business within Guam. The Guam EPA is authorized 16 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to establish a special account, escrow, standby trust, or other trust or account mechanism into which funds established as financial assurance may be deposited when needed. Notwithstanding any other provision of law, the Administrator may retain and use such amounts for the purposes for which the financial assurance was established. (t) To qualify as a self-insurer, the UST system owner or operator shall: ( 1) demonstrate a tangible net worth of at least ten (10) times: (A) the total of the aggregate amount required in Subsection ( c) of this Section; (B) the sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and the amount of liability coverage required under this Chapter; and (C) the sum of plugging and abandonment cost estimates in effect for which a financial test is used to demonstrate financial responsibility under this Chapter. (2) The owner or operator shall have a tangible net worth of at least $10,000,000. (3) The owner or operator shall meet the requirements set forth in 40 CFR 280.95. (g) The total liability of any guarantor 1s limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the UST system owner or operator under this Section. Nothing in this Subsection shall be construed to limit 17 1 2 3 4 5 6 7 8 9 any other territorial or federal statutory, contractual or common law liability of a guarantor to its owner or operator, including, but not limited to, the liability of such guarantors for bad faith either in negotiating or in failing to negotiate the settlement of any claim. For the purpose of this Subsection, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this Section. (h) Any claim costs incurred by the Agency for taking 10 emergency, preventive, corrective or enforcement action may be filed 11 directly against the bonding company, the insurer, the guarantor, or 12 any other person providing evidence of financial responsibility. Any 13 amount collected or awarded under this Subsection shall be paid into 14 the Guam Environmental Protection Agency's UST-LUST Fund. 15 (i) An owner or operator of an UST system shall designate a 16 person within Guam as his/her resident agent for service of process, 17 and such designation shall be filled in accordance with rules and 18 regulation promulgated by the Agency. 19 G) The financial responsibility amounts required by this 20 Section, or any portion of such amount, may be satisfied by utilization 21 of the Guam Environmental Protection Agency's UST-LUST Fund. 22 §76116. Closure. 23 The owner or operator shall close a UST so as to prevent future 24 releases of regulated substances. The owner and operator shall comply with 25 the release response provisions in this Chapter and other requirements 26 promulgated by the Administrator before and during removal of the USTs. 18 1 The Administrator shall adopt requirements for change-in-service and 2 temporary and permanent closure of US Ts and tank systems. 3 §76117. Permit Requirements. 4 (a) No person shall own, install, or operate a UST without a permit 5 issued by the Administrator. An applicant for a permit shall pay a permit 6 processing fee prescribed by the regulations. 7 For the purpose of this Chapter, and until such rules and regulations 8 describing the UST Fee Schedule has been adopted, an interim annual fee of 9 Two Hundred Fifty Dollars ($250.00) per tank shall be established as the 10 permit fee and shall go into effect one hundred eighty (180) days after 11 enactment of this Chapter. 12 (b) Said permit shall be non-transferable and conditioned upon the 13 observance of the laws of Guam and related rules and regulations. 14 ( c) A permit holder shall apply for the renewal of each permit 15 he/she holds, upon forms provided by the Administrator, not less than sixty 16 (60) calendar days prior to the permit's expiration. 17 18 19 20 21 22 23 24 ( d) Each permit application and permit renewal application shall be submitted with evidence of financial responsibility, in a sum established by the Administrator by regulation. §76118. Inspection and Entry. 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: 19 1 2 3 4 (a) requesting and obtaining from any owner or operator, and deliverer and guarantor of a UST, information relating to such tanks, their associated equipment, and their contents; (b) conducting any study or performance of monitoring, and 5 testing of tanks, their associated equipment, or surrounding soils, air, 6 surface water, or groundwater; 7 ( c) inspecting and copying all records relating to the US Ts; 8 ( d) inspecting and obtaining samples of regulated substances 9 contained in the USTs; and 10 ( e) taking corrective action or performing site assessment 11 activities at the location of the UST. 12 §76119. Confidentiality of Records. 13 Reports and records submitted to the Agency by any person on the 14 ownership, installation, or operation of underground storage tanks or tank 15 systems shall be made available for inspection by the public during 16 established office hours, except as provided in this Section. Upon a showing 17 satisfactory to the Agency that public disclosure of records, reports, or 18 information, or a particular part thereof, to which the Agency's 19 representative has access to under this Section would divulge information 20 entitled to protection under 5GCA Chapter 10, Freedom of Information, the 21 Agency shall consider the information or particular portion thereof to be 22 confidential. No confidential information secured pursuant to this Section 23 by any official or employee of the Agency within the scope of, and of the 24 official's or employee's employment in the prevention, control, or abatement 25 of releases from underground storage tanks or tank systems, shall be 26 disclosed by the official or employee, with the following exceptions: the 20 1 document or information may be disclosed to officers, employees, or 2 authorized representatives of the government of Guam or of the United 3 States, including, county government entities, who have been charged with 4 carrying out this Chapter or Subtitle I of the Federal Resource Conservation 5 and Recovery Act, or when relevant in any proceeding under this Chapter. 6 Where such information constitutes confidential business information under 7 federal law, it shall be submitted as such to federal entities. 8 §76120. Notice. 9 Any notice or other official correspondence affecting the rights of any 10 person under this Chapter shall be delivered by personal service, or sent by 11 registered mail with a return receipt to the address of such person as shown 12 by the Agency records. The return receipt, signed by addressee, or his/her 13 agent, shall be conclusive proof of delivery. 14 §76121. Hearings. 15 (a) Any person who received an order from the Administrator 16 pursuant to this Chapter or any person whose permit application is 17 disapproved by the Administrator may, within fifteen (15) calendar 18 days after receipt thereof, file with the Board a notice of intent to 19 appeal and a verified petition describing the basis of such appeal. 20 (b) The Board shall, not more than sixty (60) days after 21 receipt of such notice of intent to appeal, hold a public hearing at 22 which the appellant may appear and present evidence supporting the 23 petition. 24 25 26 ( c) The Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of evidence in all such hearings. 21 1 ( d) The Board shall affirm, modify, or revoke the action 2 appealed and shall notify the appellant of its decision not more than 3 thirty (30) days after the hearing. Said notice shall be in writing and 4 shall state the reasons for the decision. 5 ( e) Any person may appeal such decision by filing a verified 6 petition in Superior Court of Guam within ten (10) days after he/she 7 receives the notice required by Subsection ( d) hereof. The petitioner 8 shall make a transcript of the proceeding at his/her expense. 9 §76122. Injunction. 10 The Administrator may, in addition to the other powers conferred on 11 him/her by this Chapter, file an action in the Superior Court of Guam to 12 immediately restrain any violation or threatened violation of this Chapter or 13 the rules and regulations enacted pursuant hereto. 14 §76123. Applicability to Government Agencies. 15 All agencies of the government of Guam, and of the Government of 16 the United States, shall comply with all of the provisions of this Chapter 17 pursuant to U.S. Public Law 94-580, RCRA, including permit requirements, 18 with the exception of §§76114 and 76117(d). 19 §76124. Penalties. 20 (a) A person who violates any provisions of this Chapter, or 21 rules or regulations enacted pursuant hereto, or who refuses or 22 neglects to comply with an order issued by the Administrator to 23 require compliance with this Chapter, shall pay the Agency a civil 24 penalty up to Eleven Thousand Dollars ($11,000) for each tank for 25 each day of each violation. 22 1 (b) Any person with an interest that may be adversely affected 2 by a violation of this Chapter may intervene as a matter of right in any 3 civil action brought by the Administrator to require compliance with 4 this Chapter. 5 ( c) A person who knowingly fails to notify the Administrator 6 pursuant to §§76105 or 76112, or who makes any false statement or 7 representation in any UST notification, permit application, or other 8 document filed, maintained, or used for compliance with this Chapter, 9 shall be guilty of a misdemeanor and may be subject to imprisonment 10 for up to twelve (12) months and fined up to Eleven Thousand Dollars 11 ($11,000) per day for each violation, or both. 12 (d) Any person who denies, obstructs, or hampers the 13 entrance, inspection, or conduct of release response activity by a 14 representative of the Agency at any building, place, site, facility, 15 vehicle, or structure that the representative is authorized to enter, or 16 any inspector who fails to provide information requested by the 17 agency representative as pursuant to §76110 shall be fined up to 18 Eleven Thousand Dollars ($11,000.00) for every day he denies, 19 obstructs or hinders the acquisition of, or fails to provide, the 20 information requested, as determined in a civil action in the Superior 21 Court of Guam." 22 Section 2. Rules and Regulations. The Guam Environmental Protection 23 Agency shall establish the applicable regulations, guidelines, standards and 24 policies no later than three hundred sixty-five (365) days of enactment of this Act, 25 during which time the Administrator shall make available to the Board a tri-annual 23 1 report of the milestones reached as related to the Regulation of Underground 2 Storage Tanks on Guam. 3 Section 3. Severability. If any provision of this law, or the application 4 thereof to any person or circumstance, is held invalid or contrary to law, such 5 invalidity shall not affect any other provision or application of this law which can 6 be given effect without the invalid provision or application, and to this end the 7 provisions of this law are severable. 24