Guam § 50118 - Penalties and Enforcement.

§ 50118. Penalties and Enforcement.

(a) Criminal Penalties. Any person who knowingly violates

any provision of this Chapter, or any valid rule or regulation

promulgated under this Chapter, or who refuses or neglects to

comply with any lawful license, certification, permit, registration,

Notice of Arrival, or order issued by the Administrator in carrying

out the provisions of this Chapter shall, upon conviction, be guilty

of a felony and sentenced to imprisonment for a term not to exceed

five (5) years and be fined not more than Ten Thousand Dollars

($10,000) per day for each violation or non-compliance and shall

make restitution.

(b) Civil Penalties. Any person who violates any provision of

this Chapter, or any valid rule or regulation promulgated under

this Chapter, or refuses or neglects to comply with any lawful

license, certification, permit, registration, Notice of Arrival, or

order issued by the Administrator in carrying out the provisions of

this Chapter shall, in addition to clean-up cost and other damages,

forfeit and pay a civil penalty of not more than Ten Thousand

Dollars ($10,000) per day for each violation or non-compliance.

(c) Administrative Penalties. In addition to any other

administrative or judicial remedy provided by this Chapter, or by

rules adopted under this Chapter, the Administrator is authorized

to impose by order the penalties specified in § 50118(a-b). Factors

to be considered in imposing an administrative penalty include the

nature and history of the violation and of any prior violations, and

the opportunity, difficulty, and history of corrective action. It is

presumed that the violator’s economic and financial conditions

allow payment of the penalty, and the burden of proof to the

contrary is on the violator. In any proceeding to recover the civil

penalty imposed, the Administrator need only show that notice

was given, a hearing was held or the time granted for requesting a

hearing has expired without such a request, the civil penalty was

imposed, and that the penalty remains unpaid.

(d) The Agency may institute and maintain a judicial action

to enforce the provisions of this Chapter, or any valid rule or

regulation promulgated under this Chapter, or any lawful license,

certification, permit, registration, Notice of Arrival, or order

issued by the Administrator in carrying out the provisions of this

Chapter, by injunction, receivership or other appropriate remedy.

The rights in this Section are in addition to any other rules or

penalties conferred by this Chapter.

(e) Nothing in this Chapter shall be construed to abridge,

limit, impair, create, enlarge, or otherwise affect substantively or

procedurally the right of any person to damages or other relief on

account of injury to person or property and to maintain any action

of other appropriate proceeding therefore.