Guam § 76216 - Closure.

§ 76216. Closure.

(a) The owner or operator shall close an AST so as to prevent future

releases of regulated substances. The owner and operator shall comply with

the release response provisions in this Chapter, and other requirements

promulgated by the Administrator, before and during removal of the ASTs.

The Administrator shall adopt requirements for change in-service and

temporary and permanent closure of ASTs and tank systems.

(b) No later than one hundred eighty (180) calendar days following

submission to the Agency of a Notice of Intent for permanent closure, all

ASTs containing regulated substances must be physically removed from the

site and properly disposed.

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(c) The Agency shall cause the owner of any previously-approved

AST, which is discovered to have been improperly abandoned in-place, to

remove the improperly abandoned AST and any soil and/or groundwater

contamination found to be caused by a release from the AST; and shall be

mitigated by the owner as soon as reasonably possible, but not to exceed one

eighty (180) calendar days, or as may be deemed reasonable by the

Administrator. This shall not apply to any ASTs that previously received

written approval to be abandoned in-place, and were properly abandoned in-

place.

(d) Any AST discovered to have been abandoned in-place without

written approval from the Agency shall be removed as soon as reasonably

possible, but not to exceed one hundred eighty (180) calendar days, or for a

longer time as may be deemed reasonable by the Administrator, and any soil

and/or groundwater contamination found to be caused by a release from the

AST shall be mitigated as soon as reasonably possible. If ownership of the

AST is unknown, uncertain, and disputed, the current owner of the land

where the AST has been found shall be responsible for removal of the AST

and required mitigation. Nothing herein, however, shall prohibit the owner

of such land from pursing any remedies available in equity or at law against

the party which previously owned and abandoned in-place the AST in

question if such party is subsequently identified.