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10 GCA Chapter 49:
Air Pollution Control Act

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The Air Pollution Control Act was enacted in its present form in 1997 by Public Law 24-40:2. It establishes the Air Pollution Control Permit Program and outlines other air pollution control efforts.

The full text of this law is included on this site for reference purposes only. Any questions about interpretation of these regulations should be directed to appropriate Guam EPA staff.

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CHAPTER 49 Air Pollution Control

        SOURCE: Chapter 49 was repealed and reenacted by P.L. 24-40:2.



49101. Title.

49102. Statement of Policy.

49103. Definition.

49104. Powers and Duties of the Agency.

49105. Powers and Duties of the Administrator.

49106. Monitoring and Reporting Required.

49107. Air Pollution Control Permit Program.

49108. Inspections, Testing and Sampling.

49109. Emission Control Requirements.

49110. Variances.

49111. Hearings.

49112. General Enforcement.

49113. Emergency Orders.

49114. Confidentiality of Information.

49115. Injunction.

49116. Penalties.

49117. Motor Vehicle Pollution Control.

49118. Time Frame and Implementation.

49119. Severability.





  49101. Title. This Chapter shall be known as the Air 

Pollution Control Act.



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  49102. Statement of Policy. It is hereby declared to be the 

public policy of this Territory and the purpose of this Chapter to 

achieve and maintain the levels of air quality that will protect human 

health and safety, and to the greatest degree practicable, prevent 

injury to plant and animal life and property, foster the comfort and 

convenience of the people, promote the economic and social development 

of this Territory and facilitate the enjoyment of the natural 

attractions of this Territory.



        To these ends, it is the purpose of this Chapter to provide 

for a coordinated Territory-wide program of air pollution prevention, 

abatement, and control and to provide a framework within which all 

values may be balanced in the public interest.



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  49103. Definitions. As used in this Chapter:



                (a) Administrator means the Administrator of the Guam 

        Environmental Protection Agency, or the Administrator's 

        designee.



                (b) Agency means the Guam Environmental Protection 

        Agency.



                (c) Air Pollutant means any air pollution agent or 

        combination of such agents, including any physical; chemical; 

        biological; radioactive, inclusive of source material special 

        nuclear material, and byproduct material; substance; or matter 

        which is emitted or otherwise enters the ambient air. The term 

        includes any precursors to the formation of any pollutant, to 

        the extent that the agent or combination of such agents is 

        identified in any Federal or Territory rules as precursors.



                (d) Air Pollution means the presence in the outdoor 

        atmosphere of one (1) or more substances in such quantities 

        and duration as is, or tends to be, injurious to human health, 

        welfare, plant life, animal life, or property, or would 

        unreasonably interfere with the enjoyment of life or property.



                (e) Air Pollution Emission Source means property, real 

        or personal, which emits, or may emit, air pollution.



                (f) Applicable Requirements means any standard or 

        other requirement, term or condition, adopted by the 

        Administrator through regulation.

        

                (g) Clean Air Act means the Federal Clean Air Act of 

        1963, as amended.



                (h) Compliance Plan means a plan which includes a 

        description of how a source proposes to comply with all 

        applicable requirements pursuant to this Chapter, and includes 

        a schedule of compliance and a schedule under which the 

        permittee will submit progress reports to the Agency.



                (i) Emission means a release of air pollutants into 

        the outdoor atmosphere.



                (j) Fugitive Emissions means those emissions which 

        could not reasonably pass through a stack, chimney, vent or 

        other functionally equivalent opening.



                (k) Hazardous Air Pollutant means those hazardous air 

        pollutants listed in 112(b) of the Clean Air Act, as amended, 

        42 United States Code 7412(b), and any other pollutant 

        designated by Federal or Territory rules as hazardous.



                (l) Major Source means any air pollution emission 

        source, or any group of sources, that is located on one (1) or 

        more contiguous properties or adjacent properties, and is 

        under common control of the same person or persons, and that 

        emits or has the potential to emit, considering controls:



                        (1) any hazardous air pollutant, except 

                radionuclides, in the aggregate if ten (10) tons per 

                year or more, including fugitive emissions, or twenty-

                five (25) tons per year or more of any combination, 

                including fugitive emissions or such lesser quantity 

                as the Administrator may establish by rule; or



                        (2) one hundred (100) tons per year or more of 

                any air pollutant belonging to a single major 

                industrial grouping, including fugitive emissions, as 

                established by the Administrator by rule; or



                        (3) for radionuclides, major source shall have 

                the meaning specified by the United States 

                Environmental Protection Agency ("USEPA") 

                Administrator by rule.



                (m) Owner or Operator means any person who owns, 

        leases, operates, controls or supervises an air pollution 

        emission source.



                (n) Permit means written authorization from the 

        Administrator to construct, modify, relocate or operate an air 

        pollution emission source. A permit authorizes the permittee 

        to cause or allow the emission of an air pollutant in a 

        specified manner or amount, or to do any act, not forbidden by 

        this Chapter or by rules adopted pursuant to the Chapter.



                (o) Person means any individual, partnership, firm, 

        association, municipality, public or private corporation, 

        subdivision, or agency of the Territory, trust, estate or any 

        other legal entity.



                (p) Pollution Prevention means the reduction or 

        elimination, through any measures, of the amount of pollutants 

        produced or created at the source.



                (q) USEPA Administrator means the Administrator of the 

        United States Environmental Protection Agency, or his 

        designee.



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  49104. Powers and Duties of the Agency. The Agency is 

authorized and directed to:



                (a) hold hearings related to any aspect of, or matter 

        in the administration of, this Chapter, and in connection 

        therewith, compel the attendance of witnesses and the 

        production of evidence;



                (b) require access to records relating to emissions, 

        which cause or contribute to air pollution;



                (c) prepare and develop a comprehensive plan for p

        revention, abatement and control of air pollution in this 

        Territory;



                (d) encourage voluntary cooperation by persons and 

        affected groups to achieve the purposes of this Chapter;



                (e) encourage and conduct studies, investigations, and 

        research relating to air pollution and its causes, effects, 

        prevention, abatement and control;



                (f) determine, by means of field studies and sampling, 

        the degree of air contamination and air pollution in the 

        Territory;



                (g) establish ambient air quality standards for the 

        Territory;



                (h) collect and disseminate information and conduct 

        educational and training programs relating to air pollution;



                (i) delegate those responsibilities and duties, as 

        appropriate for the purpose of administering the requirements 

        of this Chapter;



                (j) advise, consult, contract and cooperate with other 

        agencies of the Territory, industries, the Federal government 

        and with interested persons or groups;



                (k) consult, upon request, with any person proposing 

        to construct, install, or otherwise acquire, an air pollutant 

        source, device or system on the air pollution problem, which 

        may be related to the source, device or system. Nothing in any 

        consultation shall be construed to relieve any person from 

        compliance with this Chapter, or any other provision of law;



                (l) carry out a program of inspection and testing of 

        all modes of transportation, to enforce compliance with 

        applicable emission standards when necessary and practicable, 

        and to control or limit the operation of motor vehicles and 

        other modes of transportation, when in the opinion of the 

        Agency, the modes of transportation are producing, or pose an 

        immediate danger of producing, unacceptable levels of air 

        pollutants;



                (m) establish and administer a Territory-wide air 

        pollution control permit program;



                (n) delay or prevent any construction, modification or 

        operation of air pollution sources and modifications which, in 

        the opinion of the Agency, would cause the ambient air 

        pollution level in the locality of construction, modification 

        or operation, to exceed limit for ambient concentration 

        established by the Territory of Guam implementation plan 

        promulgated pursuant to the Clean Air Act, or which 

        construction, modification or operation would, in the opinion 

        of the Agency, violate any provision of any land use plan 

        established by the Territory of Guam implementation plan;



                (o) prepare, adopt, promulgate, amend, rescind, repeal 

        and enforce any other rules and regulations as may be 

        necessary to establish additional requirements which may be at 

        least equivalent to, or more stringent or broader in scope 

        than, the requirements of the Clean Air Act and regulations 

        promulgated pursuant to the Clean Air Act that are applicable 

        to Guam;



                (p) do all things necessary and convenient to prepare 

        and submit a plan, or plans, for the implementation, 

        maintenance and enforcement of each primary and secondary 

        ambient air quality standard for any pollutant established 

        pursuant to the Clean Air Act;



                (q) establish and collect fees for conducting 

        inspections and laboratory analyses, as necessary, for the 

        purpose of carrying out this Chapter.



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  49105. Powers and Duties of the Administrator. The 

Administrator shall have and may exercise the following powers and 

duties:



                (a) to consider actions of the agency as set forth in 

        49104 of this Chapter, and shall take actions as necessary to 

        protect human health, welfare or the environment;



                (b) to issue, amend, rescind and enforce orders as may 

        be necessary to ensure compliance with any of the provisions 

        of this Chapter, or of any rules and regulations issued 

        pursuant to this Chapter including, but not limited to, the 

        issuance of an administrative penalty order and requiring the 

        taking of whatever remedial measures may be necessary or 

        appropriate to implement or effectuate the provisions and 

        purposes of this Chapter;



                (c) to establish an effective enforcement system for 

        the prevention, control and abatement of air pollution, 

        including specific requirements under the air pollution 

        control permit program through all appropriate administrative 

        and judicial courses of action;



                (d) to issue, continue in effect, modify, revoke, 

        reissue or deny permits as the Agency may prescribe;



                (e) to assure compliance by all sources required to 

        have a permit with each applicable standard, regulation or 

        requirement provided by Federal or Territorial statutes or 

        rules; and



                (f) to accept, receive and administer grants and other 

        funds or fees from public and private agencies, including the 

        Federal government, for carrying out any of the purposes of 

        this Chapter.



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  49106. Monitoring and Reporting Required. The Administrator 

may require an owner or operator of any source, on a continuous, 

periodic or one-time basis to:



                (a) establish, maintain and submit records;



                (b) draft reports;



                (c) install, use and maintain monitoring equipment, 

        and use audit procedures or methods;



                (d) sample emissions in accordance with such 

        procedures or methods at such location, at such intervals, 

        during periods and in the manner prescribed by the 

        Administrator;



                (e) keep records on the source and the control 

        equipment parameters, production variables or other indirect 

        data when direct monitoring is impractical;



                (f) sample and analyze the composition of the fuel, 

        waste, or other products being burned or incinerated;



                (g) submit compliance certifications; and



                (h) provide other information as the Agency may 

        require.



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  49107. Air Pollution Control Permit Program. (a) Program 

Applicability.



                (1) The Administrator shall determine which air 

        pollution emission sources shall be obligated to apply for, 

        and obtain, air pollution control permits. At a minimum the 

        Administrator shall require a permit for any air pollution 

        emission source that is classified as a major source, or is 

        required to obtain a permit by any applicable standard, 

        regulation or requirement provided by Federal or Territory 

        statutes or rules.



                (2) Beginning thirty (30) days after the effective 

        date of the revised Guam Air Pollution Control Standards and 

        Regulations pursuant to this Section, any person who sells any 

        air pollution emission source, which must be permitted 

        pursuant to the Guam Air Pollution Control Standards and 

        Regulations, shall notify the purchaser of the permit 

        requirements pursuant to this Chapter.

        

                (3) Provided a permit is required, no person may begin 

        or continue construction, reconstruction, modification, 

        relocation, nor begin or continue operation of an air 

        pollution emission source, without first applying for, and 

        obtaining, a valid air pollution control permit from the 

        Administrator.



                (4) Permits being renewed shall be subject to the same 

        procedural requirements that apply to initial permit issuance, 

        including the procedures of Federal oversight and public 

        participation.



                (5) Permit expiration terminates the source's right to 

        operate, unless a timely and complete renewal application is 

        submitted to the Agency. To be deemed complete, an application 

        must provide all information required or requested by the 

        Administrator.



                (6) If a timely and complete renewal application is 

        submitted, the source's ability to operate without a permit 

        after the expiration date is conditioned on the owner or 

        operator acting consistently with the permit previously 

        granted, or in accordance with the plans, specifications and 

        other information submitted as a part of the renewal 

        application. The previous permit terms and conditions will 

        remain enforceable by the Administrator.



                (7) If, while processing an application that has been 

        determined or deemed to be complete, the Agency determines 

        that additional information is necessary to evaluate, or take 

        final action on that application, the Agency will inform the 

        source of the additional information required and set a 

        reasonable deadline for a response. Failure to submit the 

        information within the specified time period may result in 

        denial of the permit.



        (b) Permit Applications.



                (1) Every application shall contain sufficient 

        information for the Administrator to determine and impose all 

        applicable requirements. Every application shall include a 

        compliance certification, plan and, if applicable, a schedule. 

        The Agency may require that permit applications be accompanied 

        by other plans, specifications, meteorological monitoring 

        data, ambient air quality monitoring data, and other 

        information necessary to identify the source, air emissions 

        and the air quality impacts to determine whether the proposed 

        installations, modification or operation will be in accordance 

        with applicable rules and standards.



                (2) The Agency, by regulation, will specify when a 

        proposed permit offered for public comment shall be subject to 

        Federal oversight and public participation.



        (c) Permit Conditions.



                (1) The Administrator shall issue a permit, if it is 

        determined that the sources will comply with all requirements 

        of this Chapter, and the rules and standards adopted pursuant 

        to this Chapter.



                (2) Each permit shall contain and require compliance 

        with all applicable Federal requirements, and must contain 

        monitoring, record keeping and reporting requirements 

        sufficient to assure compliance with applicable Federal 

        requirements. Each limitation, control and requirement in the 

        permits shall be permanent, quantifiable and otherwise 

        enforceable as a practical matter. The permit may also be 

        subject to such additional reasonable conditions as the 

        Administrator may prescribe to ensure compliance, including 

        emission limitations, and control technology requirements.



                (3) The Administrator may require pollution prevention 

        audits, or the implementation of pollution prevention measures 

        to ensure that emissions are reduced or eliminated when 

        feasible.



        (d) Other Permit Actions.



                (1) The Administrator, on the Administrator's own 

        initiative or the application of any person, may terminate, 

        modify, suspend, or revoke and reissue any permit if, after 

        affording the permittee an opportunity for a public hearing, 

        the Administrator determines that:



                        (A) the permit contains a material mistake 

                made in establishing the emissions limitations or 

                other requirements of the permit;



                        (B) permit action is required to assure 

                compliance with the applicable requirements of this 

                Chapter, the Clean Air Act, or any other applicable 

                Federal or Territory statutes or rules;



                        (C) there is a violation of any condition of 

                the permit;



                        (D) the permit was obtained by 

                misrepresentation or failure to disclose fully all 

                relevant facts;



                        (E) there is a change in any condition that 

                requires either a temporary or permanent reduction or 

                elimination of the permitted discharge;



                        (F) more frequent monitoring or reporting by 

                the permittee is required; or



                        (G) such is in the public interest. In 

                determining the public interest, the Administrator 

                shall consider the environmental effects, which cannot 

                be avoided should the action be implemented; the 

                alternatives to the proposed action; the relationship 

                between local short-term uses of the environment and 

                the maintenance and enhancement of long-term 

                productivity; irreversible and irretrievable 

                commitments of resources, which would be involved in 

                the proposed action should it be implemented; and any 

                other factors which the Administrator may by rule 

                prescribe, provided that any determination of public 

                interest shall promote the optimum balance between 

                economic development and environmental quality.



                (2) The Administrator may revise a permit 

        administratively if the revision:       



                        (A) corrects typographical errors;



                        (B) identifies a change in the name, address 

                or phone number of any person identified in the 

                permit, or provides a similar minor administrative 

                change at the source;



                        (C) allows for a change in ownership or 

                operational control of a source where the Agency 

                determines that no other change in the permit is 

                necessary, provided that a written agreement 

                containing a specific date for transfer of permit 

                responsibility coverage, and liability between the 

                current and new permittees has been submitted to the 

                Agency; or



                        (D) makes any other change that the Agency 

                determines to be similar to those in 49107(d)(2)(a) 

                through (c), inclusive.



                (3) The Administrator may take other permit actions as 

        may be established by regulation.



        (e) Fees.



                (1) The Administrator shall establish fees for permits 

        issued pursuant to this Chapter to be paid by the applicant 

        prior to the issuance of the permit, and thereafter on a 

        schedule established by the Agency.



                (2) All monies collected as fees shall be deposited in 

        the Air Pollution Control Special Fund established under 

        Subsection (f) of 49107 of this Chapter.



                (3) The fees shall be at a set rate to ensure that the 

        Air Pollution Control Special Fund has enough money to 

        adequately support and administer the Air Pollution Control 

        Permit Program.



        (f) Air Pollution Control Special Fund. There is established a 

fund to be known as the, 'Air Pollution Control Special Fund,' which 

shall be maintained separate and apart from any other funds of the 

government of Guam, and shall be administered by the Administrator. 

Independent records and accounts shall be maintained in connection 

with the Fund. All permit application fees, annual emission fees, and 

other funds collected or received pursuant to this Chapter shall be 

deposited in the Air Pollution Control Special Fund, and used only for 

the costs of administration and implementation of this Chapter; for 

providing staff and resources to assist permit applicants with the 

application process; review and act upon permit applications; write 

permits; implement and enforce permit conditions, including legal 

support; prepare guidance and rules; prepare emission inventories; 

monitor air quality; inspect facilities to ensure compliance and offer 

assistance with pollution prevention alternatives; provide technical 

assistance to permittees; administer the Fund; and any other duties 

needed to administer this Chapter.



        (g) Public Participation. Where public participation is deemed 

appropriate by the Administrator, or is required, the Administrator 

shall provide for notice and opportunity for public comment as follows:



                (1) The Administrator shall make available for public 

        inspection in at least one (1) location:



                        (A) information on the subject matter;



                        (B) all information submitted by the 

                applicant, except for that deemed confidential;



                        (C) the Agency's analysis and draft permit; and



                        (D) other information and documents deemed 

                appropriate by the Agency.



                (2) The Administrator shall notify the public of the 

        availability of information listed in 49107(g)(1). 

        Notification shall be published in a newspaper which is 

        printed and issued at least twice weekly.



                (3) Public notice shall be mailed to any person, group 

        or Agency upon request.



                (4) The Administrator shall provide a period of not 

        less than thirty (30) days following the date of the public 

        notice, during which time interested persons may submit 

        written comments on the subject matter, application, the 

        Agency's analysis and draft permit, and other appropriate 

        considerations. The period for comment may be extended at the 

        sole discretion of the Administrator.



                (5) The Administrator, at the Administrator's sole 

        discretion, may hold a public hearing if the public hearing 

        would aid in the Administrator's decision.



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  49108. Inspections, Testing and Sampling. (a) Any duly 

authorized officer, employee or representative of the Agency may enter 

and inspect any property, premise or place on or at which an air 

pollutant source is located or is being constructed, installed or 

established at any reasonable time for the purpose of ascertaining the 

state of compliance with this Chapter and rules and regulations in 

force pursuant thereto. No person shall refuse entry or access to any 

authorized representative of the Agency who requests entry for 

purposes of inspection, and who presents appropriate credentials; nor 

shall any person obstruct, hamper or interfere with any inspection. If 

requested, the owner or operator of the premises shall receive a 

report setting forth all facts found which relate to compliance 

status.



        (b) The Agency may conduct tests and take samples of air 

pollutants, fuel, process materials or other materials which affect or 

may affect emission of air pollutants from any source. Upon request of 

the Agency, the person responsible for the source to be tested shall 

provide necessary holes in stacks or ducts and any other safe and 

proper sampling and testing facilities, exclusive of instruments and 

sensing devices, as may be necessary for proper determination of the 

emission of air pollutants. If an authorized employee of the Agency, 

during the course of an inspection, obtains a sample of air pollutant, 

fuel, process material or other material, he or she shall give the 

owner or operator of the equipment or fuel facility a receipt for the 

sample obtained.



        (c) The Administrator may withhold any information obtained 

from an inspection while an investigation is pending. Upon completion 

of the case, this information will be available to the public for 

inspection.



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  49109. Emission Control Requirements. (a) The Agency shall 

establish the emission control requirement, by rule or regulation, 

necessary to prevent, abate or control air pollution. The requirements 

may be for the Territory as a whole, or may vary from area to area, as 

may be appropriate to facilitate accomplishment of the purposes of 

this Chapter, and in order to take account of varying local 

conditions.



        (b) The Agency may require the owner or operator of any air 

pollution emission source, discharging air pollutants, to install 

monitoring equipment or devices, conduct whatever tests the Agency may 

prescribe, and submit periodic reports on the nature and amount of 

discharges to the Agency.



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  49110. Variances. (a) Any person who owns or who is in 

control of any plant, building, structure, establishment, process or 

equipment, may apply to the Agency for a variance from the rules and 

regulations. The Agency may grant a variance, but only after public 

hearing on due notice, if it finds that:



                (1) the emissions occurring, or proposed to occur, do 

        not endanger or tend to endanger human health or safety; and



                (2) compliance with the rules and regulations from 

        which variance is sought would produce serious hardship 

        without greater benefits to the public.



        (b) No variance shall be granted pursuant to this Section 

until the Agency has considered the relative interests of the 

applicant, other owners of property likely to be affected by the 

discharges and the general public.



        (c) Any variance or renewal thereof shall be granted within 

the requirements of Subsection (a) of this Section and for time 

periods and under conditions consistent with the reasons therefor, and 

within the following limitations:



                (1) If the variance is granted on the ground that 

        there is not practicable means known or available for the 

        adequate prevention, abatement or control of the air pollution 

        involved, it shall be only until the necessary means for 

        prevention, abatement or control become known and available, 

        and subject to the taking of any substitute or alternate 

        measures that the Agency may prescribe.



                (2) If the variance is granted on the ground that 

        compliance with the particular requirement from which variance 

        is sought will necessitate the taking of measures which, 

        because of their extent or cost, must be spread over a 

        considerable period of time, it shall be for a period not to 

        exceed the reasonable time, as in the view of the Agency, is 

        requisite for the taking of the necessary measures. A variance 

        granted on the ground specified in this Item (2) of Subsection 

        (c) of this Section shall contain a timetable for the taking 

        of action in an expeditious manner and shall be conditioned on 

        adherence to the timetable.



                (3) If the variance is granted on the ground that it 

        is justified to relieve or prevent hardship of a kind other 

        than that provided for in Items (1) and (2) of this Subsection 

        (c) of 49110 of this Chapter, it shall be for not more than 

        one (1) year.



        (d) Any variance granted pursuant to this Section may be 

renewed on terms and conditions and for periods, which would be 

appropriate on initial granting of a variance. If complaint is made to 

the Agency on account of the variance, no renewal thereof shall be 

granted, unless, following public hearing on the complaint on due 

notice, the Agency finds that renewal is justified. No renewal shall 

be granted except on application therefor. Any such application must 

be made at least sixty (60) days prior to the expiration of the 

variance. Immediately upon receipt of an application for renewal, the 

Agency shall give public notice of the application in accordance with 

rules and regulations of the Agency.



        (e) A variance or renewal shall not be a right of the 

applicant or holder thereof, but shall be in the discretion of the 

Agency.



        (f) Nothing in this Section and no variance or renewal granted 

pursuant hereto shall be construed to prevent or limit the application 

of the emergency provisions and procedures of 49113 of this Chapter 

to any person or property.



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  49111. Hearings. (a) Any person who received an order from 

the Administrator, as authorized by this Chapter, and any person whose 

permit application is disapproved or denied by the Administrator, may 

within fifteen (15) days of the date of receipt of the order or 

disapproval, file a notice of intent to appeal with the Board, setting 

forth in the notice the basis for the appeal.



        (b) The Board shall, not more than sixty (60) days after 

receipt of the notice of appeal, hold a public hearing consistent with 

the Administrative Adjudication Law.



        (c) The Board shall either affirm, modify or revoke any action 

which is appealable, or issue an appropriate order or orders for the 

prevention, abatement or control of the emission involved or for the 

taking of any other corrective action as may be appropriate to 

prevent, abate or control air pollution.



        (d) Any person adversely affected by a decision of the Agency 

may have judicial review by filing a petition with the Superior Court 

of Guam in accordance with the Administrative Adjudication Law, and by 

simultaneously sending a copy of the filing by serving the 

Administrator. The petitioner shall reimburse the Agency for the 

expenses associated with the preparation of the record for judicial 

review.



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  49112. General Enforcement. (a) Whenever the Agency 

determines that there is probable cause based upon an investigation 

that a violation of any provision of this Chapter or rule or 

regulation pursuant thereto has occurred, it may cause written notice 

to be served upon the alleged violator or violators. The notice shall 

specify the provisions of this Chapter or rule or regulation alleged 

to be violated, and the facts alleged to constitute a violation 

thereof, and may include an order specifying the necessary corrective 

action to be taken and specify a time for compliance which the 

Administrator determines is reasonable, taking into account the 

seriousness of the violation and any good faith efforts to comply with 

applicable requirements. Any order under this Section shall become 

final unless, no later than fifteen (15) days after the date the 

notice and order are served, the person or persons named therein 

request in writing a hearing before the Agency. Upon such a request, 

the Agency shall hold a hearing pursuant to 49111 of this Chapter. In 

lieu of an order, the Agency may require that the alleged violator, or 

violators, appear before the Agency for a hearing at a time and place 

specified in the notice and answer the charges complained of, or the 

Agency may initiate action pursuant to 49116 of this Chapter.



        (b) No order issued under this Chapter shall prevent the 

Administrator from assessing any penalties, nor otherwise effect or 

limit the Administrator's authority to enforce under other provisions 

of this Chapter or rule or regulation, nor affect any person's 

obligation to comply with any Section of this Chapter or rule or 

regulation, or with a term or condition of any permit issued.



        (c) Nothing in this Chapter shall prevent the Agency from 

making efforts to obtain voluntary compliance through warning, 

conference or any other appropriate means.



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  49113. Emergency Orders. (a) Notwithstanding any other law, 

if the Administrator determines that a pollution source or combination 

of sources is creating an imminent and substantial endangerment to the 

public health, welfare or the environment, the Administrator, with the 

concurrence of the Governor, shall order any person causing, or 

contributing to the release of any air pollutants or combination of 

air pollutants, to immediately reduce or discontinue the release. Any 

order under this Section shall fix a place and time, not later than 

seventy-two (72) hours thereafter, for a hearing to be held before the 

Agency.



        (b) If the Administrator finds that emissions from the 

operation of one (1) or more air pollution sources is causing imminent 

danger to human health or safety, he or she may order the person 

responsible for the operation in question to immediately reduce or 

discontinue emissions, without regard to the provisions of 49111 of 

this Chapter. In such event, the requirements for hearing set forth in 

Subsection (a) of this Section shall apply.



        (c) Nothing in this Section shall be construed to limit any 

power, which the Governor or any other officer may have to declare an 

emergency and act on the basis of that declaration, if that power is 

conferred by statute or constitutional provision, or inheres in the 

office.



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  49114. Confidentiality of Information. (a) Any records, 

reports, or information obtained under 49106, 49107 and 49108 of 

this Chapter shall be available to the public, except that upon a 

showing satisfactory to the Agency by any person that records, reports 

or information, or particular part thereof, other than emission data, 

to which the Agency has access under 49106, 49107 and 49108 of this

Chapter, if made public, would divulge production, sales figures, 

methods, processes or production unique to the person, or would 

otherwise tend to effect adversely the competitive position of the 

person by revealing trade secrets, the Agency shall consider the 

record, report, information or particular portion thereof, 

confidential in the administration of this Chapter. The contents of an 

air pollution control permit itself shall not be entitled to 

confidentiality protection.



        (b) Nothing in the Section shall be construed to prevent the 

use of records or information by the Agency in compiling or publishing 

analyses or summaries relating to the general condition of the outdoor 

atmosphere, provided that these analyses or summaries do not identify 

any owner or operator or reveal any information otherwise confidential 

under this Section.



        (c) Nothing in this Section shall be construed to prevent 

disclosure of whatever report, record or information to Federal, 

Territorial or local representatives as is necessary for purposes of 

administration of any Federal, Territorial or local air pollution 

control laws, or when relevant, in any proceeding under this Chapter.



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  49115. Injunction. The Agency may maintain an action to 

restrain any violation or threatened violation of the provisions of 

this Chapter, or the rules and regulations authorized. The right to 

injunctive relief is in addition to any other powers or penalties 

conferred by this Chapter.



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  49116. Penalties. (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.



                (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 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.



                (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.



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  49117. Motor Vehicle Pollution Control. (a) As the state of 

knowledge and technology relating to the control of emission from 

motor vehicles may permit or make appropriate, and in furtherance of 

the purpose of this Chapter, the Agency may provide rules and 

regulations for the control of emissions from motor vehicles. These 

rules and regulations may prescribe requirements for the installation 

and use of equipment designed to reduce or eliminate emissions and for 

the proper maintenance of such equipment and vehicles. Any rules and 

regulations pursuant to this Section shall be consistent with 

provisions of Federal law, if any, relating to control of emission 

from the vehicles concerned.



        (b) Except as permitted or authorized by law, no person shall 

fail to maintain in good working order or remove, dismantle or 

otherwise cause to be inoperative any equipment or feature 

constituting an operational element of the air pollution control 

system or mechanism of a motor vehicle required by rules or 

regulations of the Agency to be maintained in or on the vehicle. Any 

failure to maintain in good working order or removal, dismantling, or 

causing of inoperability shall subject the owner or operator to 

suspension or cancellation of the registration of the vehicle by the 

Department of Revenue and Taxation, or penalties not to exceed One 

Thousand Dollars ($1,000.00) per day of violation. The vehicle shall 

not be eligible for registration until all parts and equipment 

constituting operational elements of the motor vehicle have been 

restored, replaced or repaired and in good working order.



        (c) The Agency may carry out a program of inspection and 

testing of motor vehicles to enforce compliance with applicable 

emission standards or may carry out the inspection and testing jointly 

with another government of Guam agency.



        (d) The Agency shall not require, as a condition precedent to 

the initial sale of a vehicle or vehicular equipment, the inspection, 

certification or other approval of any feature or equipment designed 

for the control of emissions from motor vehicles, if the feature or 

equipment has been certified, approved or otherwise authorized 

pursuant to Federal law.



        (e) The remedies and penalties provided in this Section shall 

apply to violations hereof, and no provision of 49116 of this Chapter 

shall apply thereto.



        (f) As used in this Section, Motor Vehicle shall mean any 

vehicle with an internal combustion engine used on public roads and 

highways for the purpose of transportation.



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  49118. Time Frame and Implementation. (a) This Law shall go 

into effect one hundred eighty (180) days after enactment. During that 

initial one hundred eighty (180) day period, the Administrator of the 

Guam Environmental Protection Agency shall educate the public about 

the new law and generally prepare for implementation. Education of the 

public shall include the provision of educational materials and 

presentations to those holding permits and conducting public 

presentations of information about this new regulation.



        (b) When the one hundred eighty (180) day period described 

above ends, the Administrator and other law enforcement officials 

shall enforce the law as mandated herein.



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  49119. Severability. The provisions of this Chapter are 

severable and if any of the provisions of this Chapter are held 

invalid or unconstitutional or the application thereof to any person 

or circumstance is held inapplicable, such invalidity, 

unconstitutionality, or inapplicability shall not affect or impair the 

remaining provisions or application of this Chapter.



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URL: https://guamepa.govguam.net/regs/chapter49.html
Last update: 21 December 2000

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