10 Guam Code Ann. § 76203
Terms Used In 10 Guam Code Ann. § 76203
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(b) Administrator means the Administrator of the Guam
Environmental Protection Agency.
(c) Agency means the Guam Environmental Protection Agency.
(d) Ancillary Equipment means any devices, including, but not limited to, such as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an AST.
(e) Board means the Board of Directors of the Guam Environmental
Protection Agency.
(f) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), as amended.
(g) Chapter means the Aboveground Storage of Regulated Substances
Act ([Article 1 of] Chapter 76, Title 10 Guam Code Ann.).
(h) 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 AST or tank system.
COL3/1/2019 21
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES
(i) Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, oil waste treatment, or in which oil is used. The boundaries of a facility depend on several site-specific factors, including, but not limited to, the ownership or operation of buildings, structures, and equipment on the same site, and types of activity at the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities.
(j) 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.
(k) Guarantor means any person, other than the owner or operator, who provides evidence of financial responsibility for the AST.
(l) Hazardous Substance Aboveground Storage Tank or Hazardous Substance Aboveground Storage Tank System means an AST or tank system that contains a hazardous substance, as defined in Section 101(14) of CERCLA, 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 AST or tank system.
(m) Installation means the addition or replacement of equipment.
(n) Installation Permit means a written approval from the
Administrator to construct, install, or put into place, an AST system.
(o) Inter-terminal Pipelines means pipelines that cross public and private properties, streets, highways, railroads and utility rights-of-way and connect installations.
(p) Maintenance means the operational upkeep to prevent an AST
system from releasing product.
(q) Motor Fuel means a 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.
COL3/1/2019 22
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES
(r) Non-transportation-related Facility means a facility that stores, processes, refines, uses, or consumes oil; a facility that is not exclusively covered by the Department of Interior (DOI) or Department of Transportation (DOT) and can reasonably be expected to discharge oil in quantities that may be harmful into or upon the navigable waters of the U.S. or adjoining shorelines.
(s) Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animals, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.
(t) Operate means to control or direct the function of an AST.
(u) Operator means any person in control of, or who is responsible for, the daily operation of an AST.
(v) Owner means any person who owns an AST system used for the storage, use or dispensing of regulated substances.
(w) Permit means an Installation and/or Operation Permit.
(x) 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.
(y) Petroleum means crude oil, or a fraction thereof, that is liquid at sixty (60) degrees Fahrenheit temperature, and 14.7 pounds per square inch absolute pressure (normal atmospheric pressure at sea level).
(z) Petroleum-based Liquid Fuels shall mean:
(1) aviation fuels (including jet, turbine and piston fuels);
(2) automotive and other petroleum-based internal combustion engine fuels;
(3) fuel oils and distillates fuels (turbine, boiler, and other types); (4) heating oil and distillates;
(5) illuminating (e.g., lamp) oils;
COL3/1/2019 23
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES
(6) gasoline and other fuel blending stocks;
(7) petroleum-based lubricating, tapping, seal, penetrating machining, and road oils and greases (including waste oil);
(8) petroleum distillates;
(9) petroleum or petroleum-distillate based additives (including fuel oil, ink and paint additives);
(10) petroleum solvents;
(11) petroleum spirits (e.g., mineral spirits, Stoddard solvent, paint thinners, etc.);
(12) hydrocarbon liquids
(A) naphthas and naphthalenes of all types; (13) olefins, alkanes, alkylates, aromatics; (14) petroleum-based inks and ink extenders;
(15) oil-based paints, coatings, thinners and solvents; (16) petroleum extender oils; and
(17) mineral oils (derived from petroleum).
(aa) 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.
(bb) 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 an AST to a dispenser.
(cc) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways, and any associated equipment, facilities, or buildings.
(dd) RCRA means the federal Solid Waste Disposal Act of 1980, as amended by the Resource Conservation and Recovery Act of 1984, as amended (Public Law 94-580, October 21, 1976, Public Law 87-272, Title II, §9001, as added Public Law 98-616, Title VI, §601(a), November 8,
1984, 98 Stat. 3277, and amended Public Law 99-499, Title II, §205(a),
COL3/1/2019 24
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES
October 17, 1986, 100 Stat. 1696; Public Law 102-508, Title III, §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 U.S.C. § 6991c, et. seq.), and regulations promulgated pursuant thereto.
(ee) 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, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA;
(2) petroleum-based liquid fuels;
(3) any grade of gasohol, ethanol, or bio-diesel; and
(4) any other substance as designated by the Administrator.
(ff) Release means the spill, leak, emission, discharge, escape, leaching, or disposing of a regulated substance from an AST.
(gg) Secondary Containment means a component of a secondary containment system, and means an AST and its piping having inner and outer barriers.
(hh) Tank means an aboveground storage tank (AST).
(ii) Wellhead Protection Area means the surface and subsurface area of any existing community water system or any existing potable drinking water well, underground injection system, or groundwater monitoring well, and is within a one thousand (1,000)-foot radius.