Terms Used In 10 Guam Code Ann. § 76104

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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;

(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;

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(e) establish the procedures for the issuance and review of permits governing the design, operation, and closure of USTs;

(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 of RCRA;

(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 in 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;

(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;

(l) 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.

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