(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 ($200,000.00).

(1) Before issuing an administrative order, the Administrator shall give written notice to the person to be assessed an administrative penalty of the Administrator’s intent to issue the order, and provide the person an opportunity to request a hearing on the proposed administrative penalty order, within thirty (30) days of the date the notice of intent is received by the person. If a hearing is requested, it will be conducted pursuant to § 49111 of this Chapter. If no hearing is requested within the period specified, the administrative penalty to be assessed will automatically be imposed and deemed final.

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(2) The Administrator may settle, modify or release, with or without conditions, any administrative penalty which may be imposed under this Subsection (a) of § 49116 of this Chapter.

(3) Any person against whom a civil administrative penalty is assessed may seek judicial review in accordance with § 49111 of this Chapter and the Administrative Adjudication Law.

(4) If any person fails to comply with an administrative penalty order after the assessment has become final, or after a court in an action brought under Subsection (3) of this Section has entered a final judgment in favor of the Administrator, the Attorney General of Guam shall bring a civil action to enforce the order or to recover the amount ordered or assessed, plus current interest rates from the date of the final order or decision or the date of the final judgment, as the case may be. In this action, the validity, amount and appropriateness of the order or assessment shall not be subject to review. The Administrator need only show that:

(A) notice was given;

(B) a hearing was held, or the time granted for requesting a hearing has run without a request for a hearing;

(C) the penalty was imposed; and

(D) the penalty remains unpaid.

(b) Civil Penalties. Any person who violates any provision of this Chapter, any rule or regulation promulgated under this Chapter, refuses, or neglects to comply with any final order issued by the Administrator in carrying out the provisions of this Chapter, shall, in addition to other sanctions, pay a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) per day for each violation or non-compliance.

(c) Criminal Penalties.

(1) Any person who knowingly violates any of the air pollution control permit rules adopted by the Agency

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pursuant to this Chapter, including any condition in a permit or any fee or filing requirement, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by imprisonment not to exceed five (5) years, or both.

(2) Any person who knowingly makes a false statement, representation or certification in any form, in any notice or report required by an air pollution control permit, or who knowingly renders inaccurate any monitoring device or method required by the Agency to report as required by this Chapter, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) for each day of violation or by imprisonment not to exceed two (2) years, or both, for each instance of violation.

(3) Any person who negligently releases into the ambient air any hazardous air pollutant, and who at the time negligently places another person in imminent danger of death or serious bodily injury, upon conviction, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year, or both. If a conviction of any person under this Subsection (c) of § 49116 of this Chapter is for a violation committed after a first conviction of the person under this Subsection, the maximum punishment shall be doubled with respect to both amount of fine and term of imprisonment.

(4) Any person who knowingly releases into the ambient air any hazardous air pollutant, and who knows at the time that another person is thereby placed in imminent danger of death or serious bodily injury, upon conviction, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or imprisonment of not more than fifteen (15) years, or both. Any organization which violates this Item (4) of Subsection (c) of § 49116 shall be subject to a fine not to exceed One Million Dollars ($1,000,000.00). If a conviction of any person under this Item (4) is for a violation committed after a first conviction of the person under this Item (4), the maximum punishment shall be doubled with respect to both amount of fine and term of imprisonment.

(d) Penalty Assessment Criteria.

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(1) The Administrator, or the court as the case may be, in determining the amount of any penalty to be assessed, shall take into consideration, in addition to any other factors as justice may require, the size of the business, the violator’s full compliance history and good faith efforts to comply, the duration of the violation, payment by the violator of penalties previously assessed for the same violation, economic benefit of non-compliance and the seriousness of the violation.

(2) It is presumed that the violator’s economic and financial condition allows payment of the penalty, and the burden of proof to the contrary is on the violator.

(3) A penalty may be assessed for each day of violation. For purposes of determining the number of days of violation for which a penalty may be assessed, if the Administrator has notified the source of the violation and makes a prima facie showing that the conduct or events giving rise to the violation are likely to continue or recurred past the date of the notice, the days of violation shall be presumed to include the date of the notice and each and every day thereafter until the violator establishes that continuous compliance has been achieved.

(4) Each day of continued violation of this Chapter or rules and regulations promulgated pursuant to this Chapter shall be deemed a separate violation or offense.

(e) Disposition of Collected Fines and Penalties. Fines and penalties collected under this Section related to the air pollution control permit program shall be deposited into the Air Pollution Control Special Fund pursuant to Subsection (f) of § 49107 of this Chapter.