Guam § 76104 - Power and Duties of the Administrator.

§ 76104. Power and Duties of the Administrator.

The Administrator shall:

(a) develop and administer a UST program for Guam pursuant to

this Chapter;

(b) provide technical assistance to local and federal agencies, and

other persons, and cooperate with appropriate local agencies and

private organizations in enforcing this Chapter;

(c) serve as Guam’s official representative for all purposes of

Subtitle I of RCRA, also known as Public Law 94-580, as amended,

and for the purpose of any Guam or federal legislation that regulates

USTs;

(d) enact, modify, update, repeal, and enforce rules and

regulations governing UST design, construction, installation, release

detection and inventory control, compatibility, record maintenance,

reporting, corrective action, closure, and financial responsibility in

order to enforce this Chapter;

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(e) establish the procedures for the issuance and review of

permits governing the design, operation, and closure of USTs;

(f) enact and enforce other rules and regulations as necessary to

establish a UST program, which meets the requirements of Section

9004 of Subtitle I of RCRA;

(g) issue, amend, rescind, and enforce orders as necessary to

ensure compliance with this Chapter or any rules and regulations

enacted pursuant hereto, including, but not limited to:

(1) administrative penalty orders;

(2) require corrective actions as may be necessary or

appropriate to this Chapter; and

(3) commence civil actions in the Superior Court of Guam,

including, actions for a temporary or permanent injunction as

needed to enforce this Chapter;

(h) establish an effective enforcement system (that includes, at a

minimum, a field citation program) for the prevention, control and

abatement of UST pollution, including, specific conditions under the

permit requirements and delivery prohibition of product to ineligible

USTs and through all appropriate administrative and judicial courses of

action;

(i) establish a delivery prohibition program that describes, at a

minimum, the criteria and mechanism for prohibiting the delivery,

deposit, and acceptance of product to any UST system;

(j) develop and establish operator training program requirements

in cooperation with UST owners and operators;

(k) issue, continue in effect, modify, revoke, reissue, or deny

permits;

(l) ensure that all permit holders comply with applicable

requirements mandated by Federal and Guam statutes or rules; and

(m) establish, accept, receive, and administer grants and other

funds or fees from public and private agencies, including the Federal

government, for carrying out any purpose of this Chapter.

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