Guam § 76213 - Corrective Action.

§ 76213. Corrective Action.

(a) The owner or operator of an AST shall stop or control a confirmed

release within twelve (12) hours of confirmation or knowledge that a release

occurred. The owner or operator shall take corrective action in response to a

release to protect human health and the environment, and shall restore the

environment, and the AST and/or Pipeline Facility, to a condition acceptable

to the Administrator.

(b) The Administrator may require the owner or operator to undertake

corrective action, and the investigation, monitoring, surveying, testing, and

research necessary and appropriate to:

(1) identify the existence and extent of the release;

(2) identify the source and nature of the regulated substance

involved;

(3) evaluate the extent of the danger to human health, safety,

welfare, and the environment; and

(4) develop and implement a corrective action plan.

(c) If the owner or operator does not take immediate action to

complete actions under this Section and adequately complete the cleanup of

a release, or fails to comply with an order of the Administrator, the

Administrator may undertake cleanup of the release, or contract with a

private entity to do so.

(d) If the Administrator is authorized to act under § 76213(b) of this

Chapter, he/she may undertake such investigation, monitoring, surveying,

testing, and other information gathering as he/she deems appropriate to

identify the existence and extent of danger to human health, safety, welfare,

and the environment. In addition, the Administrator may undertake or

contract with a private entity to undertake such planning, fiscal, economic,

engineering, and other studies and investigation he/she deems appropriate to

plan and direct cleanup actions, and to recover the costs and legal costs

thereof.