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10 GCA Chapter 53A:
Guam Lead Ban Act

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The Guam Lead Ban Act was first adopted in 1999 by Public Law 25-51:2. It prohibits the use of lead materials in drinking water systems.

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 53A Guam Lead Ban Act



§53300.    Title.

§53301.    Definitions.

§53302. Prohibition on Use of Lead Pipes, Solder and Flux.

§53303.    Prohibition on the Importation, Use or Sale of Pipes, 

              Plumbing Fittings and Fixtures.

§53304.    Right of Entry and Inspection.

§53305.    Building Permit.

§53306. Occupancy Permit.

§53307. Enforcement and Penalties.

§53308.    Safe Drinking Water Fund.



        SOURCE: This Chapter was enacted by P.L. 25-51:2.



  §53300. Title. This Chapter shall be known as the Guam Lead 

Ban Act.

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  §53301. Definitions. For purposes of this Act, the following 

words and phrases shall have the meaning given herein, unless their 

use in the text of the Act clearly demonstrates a different meaning.



                (1) Administrator shall mean the Administrator of the 

                Guam Environmental Protection Agency (‘GEPA'), or that 

                person's designee.

                (2) Agency shall mean the Guam Environmental 

                Protection Agency (‘GEPA').

                (3) ANSI/NSF Standard 61, §9 shall mean the testing 

                protocol that measures and limits the amount of lead 

                and other contaminants that a device may contribute to 

                drinking water. This protocol was developed by NSF 

                International and adopted by the American National 

                Standards Institute.

                (4) Board shall mean the Board of Directors of the 

                Guam Environmental Protection Agency.

                (5) Endpoint devices shall mean plumbing fittings and 

                fixtures intended to dispense water from the domestic 

                water piping system for human ingestion. These devices 

                include kitchen and bar faucets, lavatory faucets, 

                water dispensers, drinking fountains, water coolers, 

                glass fillers, residential refrigerator ice makers, 

                supply stops and endpoint control valves.

                (6) Lead free shall mean: (a) when used with respect 

                to solders and flux, refers to solders and flux 

                containing not more than 0.2 percent (.2%) lead; (b) 

                when used with respect to pipes and pipe fittings, 

                refers to pipes and pipe fittings containing not more 

                than 8.0 percent (8%) lead; and (c) when used with 

                respect to plumbing fittings and fixtures intended as 

                endpoint devices, refers to plumbing fittings and 

                fixtures that have been certified by an independent 

                third party to be in compliance with ANSI/NSF Standard 

                61, §9.

                (7) Person shall mean any individual, partnership, 

                co-partnership, firm, company, corporation, 

                association, joint stock company, trust, estate, or 

                any agency, department or instrumentality of the 

                Federal or local government, or any other legal 

                representatives, agents or assigns.

                (8) Public water system ('PWS') shall mean a system 

                for the provision to the public of water for human 

                consumption through pipes or other constructed 

                conveyances, if such system has at least fifteen (15) 

                service connections or regularly serves an average of 

                at least twenty-five (25) individuals daily at least 

                sixty (60) days out of the year. Such term includes: 

                any collection, treatment, storage and distribution 

                facilities under control of the operator of such 

                system and used primarily in connection with such 

                system; and any collection or pretreatment storage 

                facilities not under such control, which are used 

                primarily in connection with such system.

                (9) Replacement shall mean when used with respect to a 

                potable water piping system, means the permanent 

                removal of lead containing materials.



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  §53302. Prohibition on Use of Lead Pipes, Solder and Flux.

(a) No person may use any pipe, plumbing fittings or fixtures, any 

solder, or any flux, which is not lead free as defined in this Act and 

any regulations promulgated hereunder, in the installation or repair 

of: 

                (i) any public water system; or

                (ii) any plumbing in a residential or nonresidential 

                facility providing water for human consumption.

        (b) Subparagraph (a) shall not apply to leaded joints 

necessary for the repair of cast iron pipes.



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  §53303. Prohibition on the Importation, Use or Sale of Pipes, 

Plumbing Fittings and Fixtures. (a) No person may import into Guam or 

introduce into commerce any lead pipe, except for a pipe that is used 

in manufacturing or industrial processing;

        (b) No person may import into Guam or introduce into commerce 

any plumbing fitting or fixture that is not ANSI/NSF certified.

        (c) No person may introduce into commerce or sell any solder 

or flux that is not lead free, unless the solder or flux bears a 

prominent label stating that it is illegal to use the solder or flux 

in the installation or repair of any plumbing providing water for 

human consumption.

        (d) GEPA shall coordinate enforcement of this Section with the 

Department of Customs and Quarantine.



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  §53304. Right of Entry and Inspection. The Administrator or 

his authorized representative may enter at all reasonable times upon 

private or public facilities for the purpose of inspecting and 

investigating compliance with this Act. GEPA is authorized to charge 

for conducting inspections to determine compliance with this Act and 

regulations promulgated hereunder at the rate to be comprised of the 

hourly rate of the engineer or environmental inspector, or both, plus 

an additional fifteen percent (15%) of that total rate for 

administrative costs. All fees collected under this Section shall be 

deposited into the Safe Drinking Water Fund as established under 

§53308 of this Act.



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  §53305. Building Permit. No building permit clearance will be 

granted, unless certification, in the form and language deemed 

adequate by GEPA, is provided by the applicant that only lead free 

materials will be used in the construction of potable water plumbing 

systems at dwellings, schools, public buildings, restaurants, 

commercial buildings, industrial buildings, places of assembly or 

water system components, which include distribution, treatment, 

storage and appurtenances.



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  §53306. Occupancy Permit. No building intended for use as a 

dwelling, school, public building, restaurant, commercial building, 

industrial building, place of assembly or any water system component, 

which includes distribution, treatment, storage and appurtenances 

shall receive an occupancy permit, unless it complies with the 

standards established by this Act for lead and/or copper levels in 

first draw samples from endline and endpoint devices. The specific 

procedure or protocol to be followed for testing the different 

categories of buildings is attached as Exhibit A. The levels of lead 

and/or copper in individual endpoint devices deemed acceptable to 

issue an occupancy certificate is included in Exhibit A.



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  §53307. Enforcement and Penalties. (a) Administrative. 

Whenever, on the basis of any information available, the Administrator 

finds that any person has violated the provisions of this Act, or 

rules and regulations, or a lawful order, or has violated any permit 

condition or limitation, the Administrator may assess an 

administrative penalty of not more than Five Thousand Five Hundred 

Dollars ($5,500.00) per day per violation.

        The assessment of an administrative penalty shall not prohibit 

the administrator from also ordering the mitigation and/or replacement 

of lead containing material, or for the taking of such other 

corrective action as may be appropriate. The administrator is 

authorized to issue stop work orders to enforce this Section.

                (1) Before issuing an order assessing a civil penalty, 

                the Administrator shall give to the person to be 

                assessed such penalty, written notice of the 

                Administrator's proposal to issue such order and the 

                opportunity to request a hearing. Such request must be 

                made within thirty (30) days of receipt of the notice. 

                Hearings will be conducted as provided under the 

                Administrative Adjudication Law ('AAL').

                   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 civil or criminal action.

                        (i) If, after a hearing held pursuant to the 

                        AAL, the Board finds that a violation or 

                        violations have occurred, the Board shall 

                        affirm or modify the order previously issued, 

                        or issue an appropriate order or orders for 

                        the mitigation and/or replacement of lead 

                        containing material involved, or for the 

                        taking of such other corrective action as may 

                        be appropriate.

                        (ii) If, after hearing on an order contained 

                        in a notice, the Board finds that no violation 

                        has occurred or is occurring, the Board shall 

                        rescind the order.

                        (iii) Any order issued as part of a notice, or 

                        after hearing, may prescribe the date or dates 

                        by which the violation or violations shall 

                        cease, and may prescribe timetables for the 

                        necessary action in mitigating and/or 

                        replacing the lead containing material.

                (2) In determining the amount of any penalty assessed, 

                the Administrator shall take into account the nature, 

                circumstances, extent and gravity of the violation or 

                violations and with respect to the violator; ability 

                to pay; any prior history of such violations; the 

                degree of culpability, economic benefit or savings 

                realized by the violator from the violation; and such 

                other matters as justice may require.

                (3) If any person fails to pay an assessment of a 

                civil penalty after the order making the assessment 

                has become final, or after a court in an action has 

                entered a final judgment in favor of the 

                Administrator, the Administrator shall request the 

                Attorney General to bring a civil action to recover 

                the amount assessed. In such an action, the validity, 

                amount and appropriateness of such penalty shall not 

                be subject to review.

        (b) Civil. Any person who violates any provision of this Act, 

regulations or requirement of an applicable safe drinking water 

program or an order requiring compliance shall be subject to a civil 

penalty of not more than Twenty-seven Thousand Five Hundred Dollars 

($27,500.00) for each day per violation. Assessment of an 

administrative penalty order shall not be a bar to enforcement of 

these regulations and orders made pursuant to these regulations, by 

injunction or other appropriate remedy, and the Agency shall have the 

power to institute and maintain in the name of Guam any and all such 

enforcement proceedings.

        (c) Each day of violation shall constitute a separate offense.

        (d) Nothing in the Act shall prevent the Agency from making 

efforts to obtain voluntary compliance through warning conference, or

any other appropriate means.



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  §53308. Safe Drinking Water Fund. There is hereby created 

within the government of Guam a non-lapsing, revolving fund, to be 

known as the 'Safe Drinking Water Fund,' which shall be maintained 

separate and apart from any other funds of the government of Guam and 

shall be administered by the Administrator of GEPA. All fees, monetary 

charges and other funds collected or received pursuant to this Act 

shall be deposited in the Safe Drinking Water Fund, and used for the 

administration and implementation of the Safe Drinking Water Program; 

for public education and similar outreach programs; and promotions 

aimed at increasing awareness of the dangers of using pipes, plumbing 

fittings or fixtures containing lead over the acceptable limit set by 

this Act or regulations.



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                            EXHIBIT A



        Procedures for Implementation of Lead Ban Related to Attaining 

Building Occupancy Permits Clearance.



        Required testing procedure for endpoint device first draw 

sampling for lead and/or copper for dwellings, schools, public 

buildings, commercial buildings, industrial buildings or places of 

assembly. This testing procedure applies to newly constructed 

facilities, as well as additions and renovations of these same 

facilities.



        Number of Samples Collected.



        All new buildings, additions and renovations, prior to 

receiving occupancy permits, shall have a representative sample of 

(first draw water) collected from endpoint devices, as defined in the 

Guam Lead Ban Act, tested for levels of lead and/or copper. The number 

of endpoint devices to be tested shall be as follows:



                Buildings with less than five (5) endpoint 

        fitting/fixture devices - all devices shall be tested.



                Buildings with five (5) or more endpoint 

        fitting/fixture devices - five (5) devices plus ten percent 

        (10%) of the total numbers of endpoint fitting/fixtures shall 

        be tested; however, no building shall have less than five (5) 

        endpoint devices tested. Endpoint devices used primarily for 

        drinking water supply and cooking, i.e., water fountains, 

        coolers, kitchen faucets, shall be selected as first priority - 

        other devices, bathroom faucets, etc., shall be selected as 

        second priority.



                In the case of new, as well as additions and 

        renovations of daycare centers, schools and health care 

        facilities - all endpoint devices in the facility shall be 

        tested.



        Sampling Protocol - First Draw Samples.



        All samples collected for determining materials in fittings 

shall be first draw samples, i.e., water which has been allowed to sit 

in the pipes and endpoint devices for at least six (6), but not more 

than twenty-four (24) hours, without use of the water in the facility.

        All other required samples will be determined by GEPA.



        Certified Laboratories.



        For the purpose of determining compliance with the above 

mentioned water analysis, samples may be considered only if they have 

been analyzed by a laboratory certified by Guam EPA, or any other 

laboratory certified by other States acceptable to Guam's EPA.



        Issuance or Denial of Occupancy Permits.



        If all results are less than fifteen (15) parts per billion 

("ppb"), then an occupancy permit clearance may be issued.



        If any results are greater than fifty (50) ppb, then those 

fixtures must be replaced, and the replacement fixtures re-tested 

prior to issuance of occupancy permit.



        If any results are between fifteen (15) ppb and fifty (50) 

ppb, the facility shall have three (3) options:



                Option 1. Replace all fixtures, and/or pipes and 

        fittings, if appropriate, with results between fifteen to 

        fifty (15-50) ppb, and re-tested. An occupancy permit 

        clearance may be issued if the analytical test results of 

        water samples collected are less than fifteen (15) ppb.



                Option 2. Mitigate all fixtures and/or pipes and 

        fittings and re-tested. An occupancy permit clearance may be 

        issued if the analytical test results of water samples 

        collected are less than fifteen (15) ppb.



                Option 3. Keep fixtures with results between fifteen 

        to fifty (15-50) ppb, and post notices, as required below, 

        adjacent to the fittings and fixtures. Retest after three (3) 

        months to determine if levels have decreased.



        In the case of day care centers, schools or health care 

facilities, all endpoint devices located in areas which may be used by 

children or infants, such as water coolers, kitchen faucets, with a 

result greater than fifteen (15) ppb shall be replaced. No devices 

producing water greater than fifteen (15) ppb shall be allowed to be 

used by children.



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                  Public Notice Requirements.



        The contents of the notice shall provide a clear and readily 

understandable explanation of:



                (1) the potential sources of lead in the drinking 

        water;



                (2) the potential adverse health effects;



                (3) the reasonably available methods of mitigating 

        known or potential lead content in drinking water;



                (4) any steps the system is taking to mitigate lead 

        content in drinking waters, and



                (5) the necessity for seeking alternative water 

        supplies, if any.



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URL: https://guamepa.govguam.net/regs/chapter53A.html
Last update: 21 December 2000

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