Guam § 76224 - Penalties.

§ 76224. Penalties.

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

regulations promulgated pursuant to this Chapter, or who 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 Twenty-five Thousand Dollars ($25,000) 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.

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

to §§ 76205 or 76212 of this Chapter, or who makes any false statement or

representation in any AST 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 inspect, or who fails to provide

information requested by the Agency representative pursuant to § 76210 of

this Chapter shall be guilty of a civil violation and shall be subject to a

penalty of up to Twenty-five Thousand Dollars ($25,000) for every day the

person denies, obstructs or hinders the acquisition of, or fails to provide, the

COL3/1/2019 38

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 Twenty-five Thousand Dollars ($25,000) 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 Chapter, the

violator shall be guilty of a misdemeanor, and may be subject to

imprisonment for up to twelve (12) months, and fined up to Twenty-five

Thousand Dollars ($25,000) per day for each violation, or both.