(a) A person who violates any provision of this Chapter, or rules or regulations enacted pursuant hereto, or refuses or neglects to comply with an order issued by the Administrator to require compliance with this Chapter, shall be guilty of a civil violation and shall be subject to a penalty of up to Sixteen Thousand Dollars ($16,000) for each tank for each day of each violation.

(b) Any person with an interest that may be adversely affected by a violation of this Chapter may intervene as a matter of right in any civil action brought by the Administrator to require compliance with this Chapter.

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES

(c) A person who knowingly fails to notify the Administrator pursuant to §§ 76105 or 76112, or who makes any false statement or representation in any UST notification, permit application, or other document filed, maintained, or used for compliance with this Chapter, shall be guilty of a civil violation.

(d) Any person who denies, obstructs, or hampers the entrance, inspection, or conduct or release response activity by a representative of the Agency at any building, place, site, facility, vehicle, or structure that the representative is authorized to enter, or any inspector who fails to provide information requested by the agency representative pursuant to § 76110 shall be guilty of a civil violation and shall be subject to a penalty of up to Sixteen Thousand Dollars ($16,000) for every day the person denies, obstructs or hinders the acquisition of, or fails to provide, the information requested, as determined in a civil action in the Superior Court of Guam.

(e) Each separate civil violation shall be subject to the following penalties: for the first, second and third offense, the violator shall be subject to a penalty of up to Sixteen Thousand Dollars ($16,000) per tank per day for each separate violation. Second, third, and fourth offenses are defined as offenses within twelve (12) months from the first, second and third offenses respectively. For any fourth violation of this Part, the violator shall be guilty of a misdemeanor, and may be subject to imprisonment for up to twelve (12) months and fined up to Sixteen Thousand Dollars ($16,000) per day for each violation, or both.

SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989). Repealed and reenacted by P.L.
30-036:1 (June 19, 2009). Amended by P.L. 32-195:4 (Oct. 13, 2014).

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ARTICLE 2
ABOVEGROUND STORAGE OF REGULATED SUBSTANCES SOURCE: Added by P.L. 34-140:2 (Dec. 12, 2018) as Chapter 76A (§§ 76A101-
76A127) codified by the Compiler as Article 2 of this chapter and renumbered, pursuant to the authority granted by 1 Guam Code Ann. § 1606.