Guam § 76204 - Power and Duties of the Administrator.

§ 76204. Power and Duties of the Administrator.

The Administrator shall:

(a) develop and administer an AST 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;

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

regulations governing AST design, construction, installation, release

detection and inventory control, compatibility, record maintenance,

reporting, corrective action, closure, and financial responsibility in

order to enforce this Chapter;

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

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

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

establish an AST program which is as stringent and/or broader in scope

than the requirements of 40 CFR 112, Oil Pollution Prevention;

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

ensure compliance with this Chapter, or any rules and regulations

promulgated pursuant to this Chapter, including but not limited to:

(1) administrative penalty orders;

(2) requiring corrective actions as may be necessary or

appropriate to this Chapter; and

(3) commencing civil actions in the Superior Court of

Guam, including actions for a temporary or permanent injunction

as needed, to enforce this Chapter;

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

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

abatement of AST pollution, including specific conditions under the

permit requirements, and delivery prohibition of product to ineligible

ASTs, and through all appropriate administrative and judicial courses of

action;

(h) 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 AST system;

(i) develop and establish training program requirements in

cooperation with AST owners and operators set forth in this Chapter

and rules and regulations promulgated pursuant to this Chapter;

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

permits;

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(k) ensure that all permit holders comply with applicable

requirements mandated by federal and Guam statutes and rules;

(l) 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; and

(m) recover costs associated with Agency personnel responding to

AST releases, to include, but not limited to, labor hours (overtime),

materials, and other expenses.