Guam § 53120 - Remedies.

§ 53120. Remedies.

The Administrator may enforce this Chapter in either

administrative or judicial proceedings.

(a) Administrative. If the Guam EPA Administrator

determines that any person is violating any provision of this

Chapter, or any rule or regulation promulgated under this

Chapter, the Guam EPA 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 an administrative penalty

not to exceed Thirty-two Thousand Five Hundred Dollars

($32,500) per day for each violation; or appear before the

Administrator at a time and place specified in the order and

answer to the charges complained of. The order shall

become final fifteen (15) days after service unless within

those fifteen (15) 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.

(1) 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.

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(2) After a hearing pursuant to this Subsection

before the Board, the Board may affirm, modify, or

rescind the Administrator's order as appropriate.

(3) Any person adversely affected by a decision

of the Guam EPA Board may seek judicial review by

filing a petition with the Superior Court of Guam in

accordance with the Administrative Adjudication Law,

and by simultaneously serving the Guam EPA

Administrator with a copy of the petition. The

petitioner shall reimburse Guam EPA for the expenses

associated with the preparation of the record for

judicial review.

(4) 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) Civil.

(1) 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.

(2) Any person who 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, in addition to clean-up costs and other

damages, forfeit and pay a civil penalty of not more

than Thirty-two Thousand Five Hundred Dollars

($32,500) per day for each violation or noncompliance.

(c) Criminal. 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, upon

conviction, be imprisoned for a term of not more than one

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(1) year, and/or be fined not more than Thirty-two Thousand

Five Hundred Dollars ($32,500) per day for each violation

or noncompliance, and shall make restitution.

(d) Nothing in this Chapter shall prevent the agency

from making efforts to obtain voluntary compliance through

warning, conference, or any other appropriate means.