Guam § 76124 - Penalties.

§ 76124. Penalties.

(a) A person who violates any provision of this Chapter, or rules or

regulations enacted pursuant hereto, or refuses or neglects to comply with an

order issued by the Administrator to require compliance with this Chapter,

shall be guilty of a civil violation and shall be subject to a penalty of up to

Sixteen Thousand Dollars ($16,000) for each tank for each day of each

violation.

(b) Any person with an interest that may be adversely affected by a

violation of this Chapter may intervene as a matter of right in any civil action

brought by the Administrator to require compliance with this Chapter.

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(c) A person who knowingly fails to notify the Administrator pursuant

to §§ 76105 or 76112, or who makes any false statement or representation in

any UST notification, permit application, or other document filed,

maintained, or used for compliance with this Chapter, shall be guilty of a

civil violation.

(d) Any person who denies, obstructs, or hampers the entrance,

inspection, or conduct or release response activity by a representative of the

Agency at any building, place, site, facility, vehicle, or structure that the

representative is authorized to enter, or any inspector who fails to provide

information requested by the agency representative pursuant to § 76110 shall

be guilty of a civil violation and shall be subject to a penalty of up to Sixteen

Thousand Dollars ($16,000) for every day the person denies, obstructs or

hinders the acquisition of, or fails to provide, the information requested, as

determined in a civil action in the Superior Court of Guam.

(e) Each separate civil violation shall be subject to the following

penalties: for the first, second and third offense, the violator shall be subject

to a penalty of up to Sixteen Thousand Dollars ($16,000) per tank per day

for each separate violation. Second, third, and fourth offenses are defined as

offenses within twelve (12) months from the first, second and third offenses

respectively. For any fourth violation of this Part, the violator shall be guilty

of a misdemeanor, and may be subject to imprisonment for up to twelve (12)

months and fined up to Sixteen Thousand Dollars ($16,000) per day for each

violation, or both.