10 Guam Code Ann. § 53120
Terms Used In 10 Guam Code Ann. § 53120
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Administrative. If the Guam EPA Administrator determines that any person is violating any provision of this Chapter, or any rule or regulation promulgated under this Chapter, the Guam EPA Administrator may have that person served with a Notice of Violation and an Order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease and desist from the violation; pay an administrative penalty not to exceed Thirty-two Thousand Five Hundred Dollars ($32,500) per day for each violation; or appear before the Administrator at a time and place specified in the order and answer to the charges complained of. The order shall become final fifteen (15) days after service unless within those fifteen (15) days the alleged violator requests in writing a hearing before the Board. Upon such request, the Board shall specify a time and place for the alleged violator to appear.
(1) When the Administrator issues an order for immediate action to protect the public health from an imminent and substantial danger, the Agency shall provide an opportunity for a hearing within twenty- four (24) hours after service of the order.(2) After a hearing pursuant to this Subsection before the Board, the Board may affirm, modify, or rescind the Administrator’s order as appropriate.
(3) Any person adversely affected by a decision of the Guam EPA Board may seek judicial review by filing a petition with the Superior Court of Guam in accordance with the Administrative Adjudication Law, and by simultaneously serving the Guam EPA Administrator with a copy of the petition. The petitioner shall reimburse Guam EPA for the expenses associated with the preparation of the record for judicial review.
(4) The Administrator may institute a civil action in any court of appropriate jurisdiction for the enforcement of any order issued pursuant to this Subsection.
(b) Civil.
(1) The Administrator may institute a civil action in the Superior Court of Guam for injunctive relief to prevent violation of any order or regulation issued pursuant to this Chapter in addition to any other remedy provided for under this Section.
(2) Any person who violates any provision of this Chapter, or any rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of this Chapter shall, in addition to clean-up costs and other damages, forfeit and pay a civil penalty of not more than Thirty-two Thousand Five Hundred Dollars ($32,500) per day for each violation or noncompliance.
(c) Criminal. Any person who knowingly violates any provision of this Chapter, or any rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of this Chapter shall, upon conviction, be imprisoned for a term of not more than one(1) year, and/or be fined not more than Thirty-two Thousand Five Hundred Dollars ($32,500) per day for each violation or noncompliance, and shall make restitution.
(d) Nothing in this Chapter shall prevent the agency from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.