Guam § 48127 - Violations and Penalties.

§ 48127. Violations and Penalties.

(a) Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter,

repair, remove, demolish or use any toilet facility, or cause same to be done, in violation of any of the

provisions of this Chapter.

(b) Notice of Violation. The Administrator shall serve a notice of violation on

(1) any person, firm, or corporation responsible for the erection, installation, alteration, extension,

repair, removal, or demolition of any toilet facility in violation of the provisions of this Chapter;

(2) any person, firm, or corporation in violation of a detailed statement or the approved

construction documents thereunder; or

(3) any person, firm, or corporation in violation of a permit or certificate issued under the

provisions of this Chapter.

The Administrator shall also issue an order directing the discontinuance of the illegal action or condition

and the abatement of the violation by the person, firm, or corporation responsible.

COL 2024-12-05

(c) Prosecution of Violation. For violations not cured or abated within the time prescribed by the

Administrator in the notice of violation order, the Administrator may request the Office of the Attorney

General of Guam to institute the appropriate proceeding at law or in equity to restrain, correct or abate such

violation, or to require the removal or termination of the unlawful system in violation of the provisions of

this Chapter or of the order or direction made pursuant thereto.

(d) Administrative Penalties. Any person who shall violate a provision of this Chapter or fail to comply

with any of the requirements thereof or who shall erect, install, alter or repair any toilet facility in violation

of the approved construction documents or directive of the Administrator, or of a permit or certificate issued

under the provisions of this Chapter, shall be guilty of an administrative violation, punishable by a fine of

not more than One Thousand Dollars ($1,000.00), payable to the Sewage Disposal Assistance and the

NGLA Study Fund. Each day that a violation continues after due notice has been served shall be deemed a

separate offense.

(1) In determining the amount of any penalty assessed, the severity of penalties shall be

commensurate to the severity of infractions. 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, good faith efforts to comply or an agreement to a compliance schedule, any prior history of

such violations, the degree of culpability, economic benefit or savings if any resulting from the

violation, and such other matters as justice may require. GEPA shall promulgate rules and regulations

to further define the nature and severity of violations and punitive actions,

(e) Criminal Penalties. Any person who knowingly violates any provision of this Chapter, or any rule

or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order

issued by the Administrator in carrying out the provisions of this Chapter shall be guilty of a misdemeanor

and/or be fined not more than Five Thousand Dollars ($5,000) per day for each violation or noncompliance,

payable to the Sewage Disposal Assistance and the NGLA Study Fund, and shall make restitution.

(1) In determining the amount of any penalty assessed, the severity of penalties shall be

commensurate to the severity of infractions.

(f) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the

Office of the Attorney General of Guam from instituting appropriate action to prevent unlawful

construction, or to join in or prevent unlawful construction, to restrain, correct or abate a violation, to

prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or

use of any toilet facility on or about any premises.

(g) Unsafe Systems. Any toilet facility regulated by this Chapter that is unsafe or constitutes a health

hazard, is in an unsanitary condition or is otherwise dangerous to human life is hereby declared unsafe. Any

use of toilet facilities regulated by this Chapter constituting a hazard to safety, health or public welfare by

reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage or abandonment is hereby

declared an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be

abated by repair, rehabilitation, demolition or removal.