Guam § 32108 - Regulations.

§ 32108. Regulations.

(a) The Director shall adopt and promulgate regulations under this

Chapter in conformance with the regulations established pursuant to the

Federal Hazardous Substances Act. Such regulations adopted and

promulgated by the Director shall not conflict with those regulations

adopted and promulgated by the Guam Environmental Protection Agency

pursuant to P.L. 14-37 (Solid Waste Management and Litter Control Act) or

to the Federal Resource Conservation and Recovery Act (P.L. 94-580).

(b) To the extent that the requirements of this Part are identical with

the Federal act regulations of the Federal government which are in effect on

the effective date of these sections or which are adopted on or after such

date are the hazardous substances regulations of this Territory.

(c) A Federal regulation adopted pursuant to this Chapter takes effect

in this Territory thirty (30) days after it becomes effective as a Federal

regulation. Any person who will be adversely affected by adoption of such

regulation in this Territory may, within the thirty (30) days prior to its

becoming effective in this Territory, file with the Department in writing

objections and a request for a hearing. The timely filing of objections to a

regulation which has become effective under the Federal act, stays the

adoption of the regulation in this Territory.

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(d) If objections are made to a proposed regulation, the Department,

after notice, shall conduct a public hearing to receive evidence on issues

raised by the objections. Any interested person or his representative shall be

heard. The Department shall act upon objections by order and shall mail the

order to objectors by certified mail as soon after the hearing, if practicable.

The order shall be based on evidence contained in the record of the hearing.

If the order concerns a Federal regulation, the Department may adopt,

rescind or modify it. If the order concerns a proposed regulation, the

Department may withdraw it or set an effective date for the regulation as

published or as modified by the order. The effective date shall be at least

sixty (60) days after publication of the order.