Home Guam EPA Programs Permit Applications and Guidelines Laws, Regulations, Statutory Authority Environmental Education About Guam EPA Search
Quick Reference:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
* * *








   
10 GCA Chapter 53:
Guam Safe Drinking Water Act

[  HTML Version  |  PDF Version  ]

The Safe Drinking Water Act was enacted in 1977 by Public Law 14-90. It establishes a policy for the protection and provision of safe drinking water.

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.

The text of this law is also available in PDF format (32K). To print this Chapter, it is recommended that you download the PDF file. Viewing and printing PDF files requires the free Adobe® Acrobat® Reader. More about PDF files.

NOTE: This page has been formatted for Netscape Navigator version 4. Users of other browsers may encounter display problems with the text below.









CHAPTER 53 Safe Drinking Water Act

        NOTE: This Chapter is taken from Chapter X of Title XII of the 

           Government Code, added by P.L. 14-90.



53101. Title.

53102. Statement of Policy.

53103. Definitions.

53104. Administration.

53105. Drinking Water Standards.

53106. Review of Plans and Specifications.

53107. Right of Entry and Inspection.

53108. Laboratory Certification.

53109. Variances and Exemptions.

53110. Notification of User and Regulatory Agencies.

53111. Imminent Hazards.

53112. Plan for Emergency Provision of Water.

53113. Prohibited Acts.

53114. Remedies.

53115. Hearings.

53116. Severability.

53117. Effective Date.





  53101. Title.  This Chapter shall be known as the Guam Safe 

Drinking Water Act.



        SOURCE: GC 57285.                       Top of the page.



  53102. Statement of Policy. It is hereby declared to be the 

public policy of this Territory and the purpose of this Act to protect 

public water supplies from contamination and to require the provision 

of safe drinking water for public consumption in order to protect 

human health and safety to the greatest degree practicable.



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

comprehensive territory- wide program for the protection and provision 

of safe drinking water.



        SOURCE: GC 57286.                       Top of the page.



  53103. Definitions. As used in this Chapter:



                (a) Agency means the Guam Environmental Protection 

        Agency as established by Chapter 1 of Title LXI [Compiled here 

        as Chapter 45 of Part 2 of Division 2 of GCA Title 10].



                (b) Administrator means the Administrator of the Guam 

        Environmental Protection Agency.



                (c) Public Water System means a system owned or 

        operated by any person which provides piped water for human 

        consumption if the system has at least fifteen (15) service 

        connections or regularly serves at least twenty-five (25) 

        individuals, such term includes:



                        (1) Any collection, treatment, storage and 

                distribution facilities controlled by the system and 

                used primarily in connection with the system; and



                        (2) Any collection or pretreatment storage 

                facilities not under control of, but which are used 

                primarily in connection with the system.



                (d) Board means the Board of Directors of the Guam 

        Environmental Protection Agency.



                (e) Person means an individual, corporation, company, 

        association, partnership, Federal agency or subdivision or 

        agency of the government of Guam.



                (f) Federal Agency means any department, agency or 

        instrumentality of the United States.



                (g) Supplier of Water means any person who owns or 

        operates a public water system.



                (h) Contaminant means any physical, chemical, 

        biological or radiological substance or matter in water which, 

        as determined by the Agency, may have an adverse effect upon 

        human health or may be harmful to the public welfare.



                (i) Federal Administrator means the Administrator of 

        the United States Environmental Protection Agency.



                (j) Federal Act means the Safe Drinking Water Act, 

        P.L. 93-523.



                (k) Primary Drinking Water Regulation means a 

        regulation which:



                        (1) applies to public water systems;



                        (2) specifies contaminants which, as 

                determined by the Agency, may have any adverse effect 

                on the health of persons;



                        (3) specifies for each contaminant either:



                                (i) a maximum contaminant level if, as 

                        determined by the Agency, it is economically 

                        and technologically feasible to ascertain the 

                        level of such contaminant in public water 

                        systems; or



                                (ii) if, as determined by the Agency, 

                        it is not economically or technologically 

                        feasible to ascertain the contaminant level, 

                        each treatment technique known to the Agency 

                        which leads to a reduction in the level of 

                        such contaminant sufficient to satisfy the 

                        requirements of 53105; and



                        (4) contains criteria and procedures to assure 

                a supply of drinking water, the quality of which does 

                not exceed maximum contaminant levels; it includes 

                quality control and testing procedures to insure 

                compliance with such standards and proper operation 

                and maintenance of the system, and requirements as to:



                                (i) the minimum quality of water which 

                        may be taken into the system; and



                                (ii) siting for new facilities for 

                        public water systems.



                (l) Secondary Drinking Water Regulation means a 

        regulation which applies to public water systems and which 

        specifies the maximum contaminant level which, in the judgment 

        of the Agency, are requisite to protect the public welfare.

        

                (m) National Primary Drinking Water Regulations means 

        primary drinking water regulations promulgated by the Federal 

        Environmental Protection Agency pursuant to the Federal Act.



                (n) National Secondary Drinking Water Regulations 

        means a secondary drinking water regulations promulgated by 

        the Federal Environmental Protection Agency pursuant to the 

        Federal Act.



                (o) Injection means the subsurface emplacement of any 

        material gaseous, liquid or solid or any admixture thereof, 

        which may add a contaminant to underground waters.



        SOURCE: GC 57287.                       Top of the page.



  53104. Administration. The Agency is herein authorized to:



                (a) Perform any and all acts necessary to carry out 

        the purposes and requirements of this Chapter;



                (b) Administer and enforce the provisions of this 

        Chapter and all rules, regulations and orders promulgated;



                (c) Enter into agreements, contracts or cooperative 

        arrangements with any person for the purpose of carrying out 

        this Act;



                (d) Receive financial and technical assistance from 

        the Federal government and other public or private agencies to 

        carry out the provisions of this Chapter;



                (e) Participate in related programs of any public or 

        private agencies or organizations;



                (f) Establish adequate fiscal controls and accounting 

        procedures to assure proper disbursement of and an accounting 

        for funds appropriated or received for the purpose of carrying 

        out this Chapter;



                (g) Delegate those responsibilities and duties as 

        appropriate for the purpose of administering the requirements 

        of this Chapter;



                (h) Establish and collect fees for conducting plan 

        reviews, inspections and laboratory analyses as necessary for 

        the purpose of carrying out this Chapter;



                (i) Prescribe such regulations as necessary to carry 

        out functions under this Chapter;



                (j) Make such investigations and inspections as may be 

        necessary to insure compliance with this Chapter; and



                (k) Encourage voluntary cooperation by persons and 

        affected groups to achieve the purposes of this Chapter.



        SOURCE: GC 57288.                       Top of the page.



  53105. Drinking Water Standards. (a) The Agency shall 

promulgate and enforce primary drinking water regulations and may 

promulgate and enforce secondary drinking water regulations. Primary 

drinking water regulations shall protect health using technology, 

treatment techniques and other means which are generally available. 

Maximum contaminant levels covered by primary drinking water 

regulations shall be set at a level at which no known or anticipated 

adverse effects on the health of persons occur and which allows an 

adequate margin of safety. Treatment techniques covered by primary 

drinking water regulations shall require treatment necessary to 

prevent known or anticipated adverse effects on the health of persons. 

Primary drinking water regulations shall be no less stringent than the 

national primary drinking water regulations in effect at that time.



        (b) Maximum contaminant levels covered by secondary drinking 

water regulations may be set at a level which shall protect the public 

welfare. Treatment techniques covered by secondary drinking water 

regulations may require treatment necessary to prevent known or 

anticipated adverse effects on the welfare of persons. Secondary 

drinking water regulations should be no less stringent than the 

national secondary drinking water regulations.



        (c) Subject to 53110, primary and secondary drinking water 

regulations shall apply to each public water system in the Territory 

including those owned and operated by the government of Guam or 

Federal agencies.



        (d) The Agency shall adopt and implement procedures for the 

enforcement of primary drinking water regulations, including 

monitoring, inspection and record keeping procedures which are not in 

conflict with the Federal Act.



        (e) The Agency may promulgate and enforce regulations relating 

to cross-connection and back flow prevention control.



        (f) The Agency shall promulgate regulations establishing an 

underground injection control program. Such program shall prohibit, 

effective not later than December 15, 1977, any underground injection 

which is not authorized by a permit issued by the Agency except that 

the Agency may authorize underground injection by regulation. 

Underground injection authorized by regulation shall not endanger 

drinking water sources. Any underground injection control program 

shall:



                (1) set standards and prohibitions controlling any 

        underground injection if such injection may result in the 

        presence of any contaminant in underground water which 

        supplies or may be expected to supply any public water system, 

        and if the presence of such contaminant may result in such 

        system not complying with any national primary drinking water 

        regulations or may otherwise adversely affect the health of 

        persons;



                (2) require, in the case of a program which authorizes 

        underground injection by permit, that the applicant for the 

        permit satisfy the Administrator that the underground 

        injection will meet the requirements of Subsection (f)(1) of 

        this Section;



                (3) conform to all requirements of the Federal Act and 

        any applicable regulations promulgated thereunder;



                (4) include inspection, monitoring, record keeping and 

        reporting requirements.



        SOURCE: GC 57289.                       Top of the page.



  53106. Review of Plans and Specifications. Plans and s

pecifications for the construction or substantial alteration of a 

public water system shall be submitted to the Administrator for 

approval in the form and manner specified in regulations adopted by 

the Agency.



        SOURCE: GC 57290.                       Top of the page.



  53107. Right of Entry and Inspection. (a) The Administrator 

or his authorized representative may enter at all reasonable times in 

or upon the property of any public water system for the purpose of 

inspecting and investigating the adequacy and sanitary condition of 

the water supply and the quality of its water.



        (b) The Agency may enter into cooperative agreements with 

Federal agencies to implement the provisions of this Paragraph on 

Federal facilities.



        SOURCE: GC 57291.                       Top of the page.



  53108. Laboratory Certification.  No laboratory shall perform 

the tests and analyses required by the Administrator pursuant to this 

Chapter for any public water system without first obtaining a 

certificate issued by the Administrator that such laboratory is 

competent and equipped to conduct such tests. Certificates shall be 

renewed every three (3) years after the date of issuance. The 

Administrator may revoke any certificate upon determination that the 

laboratory is no longer competent or equipped to conduct such tests or 

analyses.



        SOURCE: GC 57292.                       Top of the page.



  53109. Variances and Exemptions. The Board may issue 

variances or exemptions from the regulations issued pursuant to 53105 

under conditions and in a manner consistent with the public interests; 

however, such variances or exemptions are not permitted under 

conditions less stringent than the conditions under which variances 

and exemptions may be granted under the Federal Act.



        SOURCE: GC 57293.                       Top of the page.



  53110. Notification of User and Regulatory Agencies.  

Whenever a public water system:



                (a) Fails to comply with an applicable standard, 

        treatment technique or testing procedure requirement of the 

        primary drinking water regulations;



                (b) Fails to perform monitoring required by 

        regulations adopted by the Agency;



                (c) Is subject to a variance granted for an inability 

        to meet a standard requirement;



                (d) Is subject to an exemption; or



                (e) Fails to comply with the requirements prescribed 

        by the variance or exemption;



        The public water system shall promptly notify the 

Administrator and users in a form and manner prescribed by regulation 

by the Agency.



        SOURCE: GC 57294.                       Top of the page.



  53111. Imminent Hazards.  The Agency may, upon learning that 

a contaminant is present in or is likely to enter a public water 

system and may present an imminent and substantial danger to the 

public, take actions necessary to protect the health of the public. 

The actions which the Agency may take include but are not limited to:



                (a) issuing such orders as may be necessary to protect 

        the health of persons who are or may be users of such system 

        (including travelers); and



                (b) commencing a civil action for appropriate relief, 

        including a restraining order or permanent or temporary 

        injunction. Such action shall be conducted in and by the 

        Superior Court of Guam.



        SOURCE: GC 57295.                       Top of the page.



  53112. Plan for Emergency Provision of Water.  The Agency 

shall develop a plan for the provision of safe drinking water under 

emergency circumstances. When the Administrator determines that 

emergency circumstances exist in the Territory with respect to a need 

for safe drinking water, he may take such actions as necessary with 

the concurrence of the Governor of Guam to implement the plan for safe 

drinking water.



        SOURCE: GC 57296.                       Top of the page.



  53113. Prohibited Acts. The following acts are prohibited: 



                (a) Failure by a supplier of water to comply with the 

        requirements of 53110, or dissemination by any supplier of 

        false or misleading information with respect to notices 

        required pursuant to 53110 or with respect to remedial 

        actions undertaken to achieve compliance with primary drinking 

        water regulations;



                (b) Failure by a supplier of water to comply with 

        regulations promulgated pursuant to 53105 or with the 

        conditions for variances or exemptions issued under 53109; 

        and



                (c) Failure by any person to comply with any order 

        issued by the Agency pursuant to this Chapter.



        SOURCE: GC 57297.                       Top of the page.



  53114. Remedies. The Administrator may enforce this Chapter 

in either administrative or judicial proceedings.



        (a) Administrative. If the Administrator determines that any 

person is violating any provision of this Chapter, any rule or 

regulation promulgated thereunder or any variance or exemption issued 

pursuant thereto, the 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 a civil 

penalty not to exceed Five Thousand Dollars ($5,000) for each day of 

violation; or appear before the Administrator at a time and place 

specified in the order and answer the charges complained of. The order 

shall become final ten (10) days after service unless within those ten 

(10) 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. 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. After a hearing pursuant to this Subsection before the 

Board, the Board may affirm, modify or rescind the Administrator's 

order as appropriate. 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) Judicial. 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.



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

making efforts to obtain voluntary compliance through warning, 

conference or any other appropriate means.



        SOURCE: GC 57298.                       Top of the page.



  53115. Hearings.  (a) No rule or regulation and no amendment 

thereof shall take effect except after public hearing on due notice as 

provided in the Administrative Adjudication Law.



        (b) Nothing in this Section shall be construed to require a 

hearing prior to the issuance of an imminent hazard order pursuant to 

53111 of this Act.



        SOURCE: GC 57299.                       Top of the page.



  53116. Severability. The provisions of this Chapter are 

severable; if any provision or application of this Act is held 

invalid, such invalidity does not affect other provisions or 

applications of this Chapter which can be given effect without the 

invalid provision or application.



        SOURCE: Section 2, P.L. 14-90.                   Top of the page.



  53117. Effective Date. This Chapter shall take effect upon 

its approval by the Governor.



        SOURCE: P.L. 14-90:3.                    Top of the page.









 


[   Home   |   Programs   |   Permits   |   Regulations   |   Education   |   About GEPA   |   Search   ]

URL: https://guamepa.govguam.net/regs/chapter53.html
Last update: 21 December 2000

Comments? E-mail the .