Guam § 76103 - Definitions.

§ 76103. Definitions.

(a) Administrator means the Administrator of the Guam

Environmental Protection Agency.

(b) Agency means the Guam Environmental Protection Agency.

(c) Board means the Board of Directors of the Guam Environmental

Protection Agency.

(d) CERCLA means the Comprehensive Environmental Response,

Compensation, and Liability Act, commonly called Superfund, which was

enacted by Congress on December 11, 1980, and amended by the Superfund

Amendments and Reauthorization Act (SARA) on October 17, 1986.

(e) Corrective Action means the investigation and cleanup of

contamination from solid and hazardous waste sites, and includes action

taken to minimize or mitigate the impact of a release from an Underground

Storage Tank (UST) or tank system.

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(f) Gathering Lines means any pipelines, equipment, facility, or

building used in the transportation of oil or gas during oil or gas production

or gathering operations.

(g) Guarantor means any person, other than the owner or operator,

who provides evidence of financial responsibility for the UST.

(h) Hazardous Substance Underground Storage Tank or Hazardous

Substance Underground Storage Tank System means a UST or tank system

that contains a hazardous substance, as defined in Section 101(14) of the

federal Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA) of 1980, as amended, but not including any

substance regulated as a hazardous waste under Subtitle C of the federal

Resource Conservation and Recovery Act (RCRA), as amended, or any

mixture of such substances and petroleum, and which is not a petroleum

UST or tank system.

(i) Installation means to add or replace equipment.

(j) Installation Permit means a written approval from the

Administrator to construct, install, or put into place, a UST system.

(k) Maintenance means the operational upkeep to prevent a UST

system from releasing product.

(l) Motor Fuel means petroleum or petroleum-based substance that is

motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, any grade of

gasohol, any grade of ethanol, or any grade of bio-diesel and that is used to

operate a motor engine.

(m) Operate means to control or direct the function of a UST.

(n) Operator means any person in control of, or who is responsible

for, the daily operation of a UST.

(o) Owner means:

(1) in the case of a UST system in use on November 8, 1984, or

brought into use on or after that date, any person who owns a UST

system used for the storage, use or dispensing of regulated substances;

and

(2) in the case of a UST system in use before November 8, 1984,

but no longer in use after that date, any person who owned such UST

system immediately before the discontinuation of its use.

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(p) Permit means Installation Permit.

(q) Person means an individual, trust, firm, corporation, partnership,

consortium, joint venture, joint stock company, political subdivision of a

state, any interstate body, commercial entity, association, or agency,

department, instrumentality of the Federal government or the government of

Guam, including, autonomous agencies or any other legal entity.

(r) Petroleum Marketing Facilities means all facilities at which

petroleum is produced or refined and all facilities from which petroleum is

sold or transferred to other petroleum marketers or to the public.

(s) Pipe or Piping means a hollow cylinder or the tubular conduit

constructed of non-earthen materials. Pipe or Piping includes elbows,

couplings, unions, valves, or other inline fixtures, that contain and convey

regulated substances from a UST to a dispenser.

(t) Pipeline Facility (including gathering lines) means new and

existing pipe rights-of-ways and any associated equipment, facilities, or

buildings.

(u) RCRA means the Solid Waste Disposal Act of 1980, as amended

by the Resource Conservation and Recovery Act of 1984, as amended.

(Public Law 87-272, Title II, §9001, as added Public Law 98-616, Title VI,