(a) Administrator means the Administrator of the Guam
Environmental Protection Agency.

(b) Agency means the Guam Environmental Protection Agency.

(c) Board means the Board of Directors of the Guam Environmental
Protection Agency.

(d) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act, commonly called Superfund, which was enacted by Congress on December 11, 1980, and amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.

(e) Corrective Action means the investigation and cleanup of contamination from solid and hazardous waste sites, and includes action taken to minimize or mitigate the impact of a release from an Underground Storage Tank (UST) or tank system.

COL3/1/2019 2
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES

(f) Gathering Lines means any pipelines, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(g) Guarantor means any person, other than the owner or operator, who provides evidence of financial responsibility for the UST.

(h) Hazardous Substance Underground Storage Tank or Hazardous Substance Underground Storage Tank System means a UST or tank system that contains a hazardous substance, as defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, but not including any substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act (RCRA), as amended, or any mixture of such substances and petroleum, and which is not a petroleum UST or tank system.

(i) Installation means to add or replace equipment.

(j) Installation Permit means a written approval from the
Administrator to construct, install, or put into place, a UST system.

(k) Maintenance means the operational upkeep to prevent a UST
system from releasing product.

(l) Motor Fuel means petroleum or petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, any grade of gasohol, any grade of ethanol, or any grade of bio-diesel and that is used to operate a motor engine.

(m) Operate means to control or direct the function of a UST.

(n) Operator means any person in control of, or who is responsible for, the daily operation of a UST.

(o) Owner means:

(1) in the case of a UST system in use on November 8, 1984, or brought into use on or after that date, any person who owns a UST system used for the storage, use or dispensing of regulated substances; and

(2) in the case of a UST system in use before November 8, 1984, but no longer in use after that date, any person who owned such UST system immediately before the discontinuation of its use.

COL3/1/2019 3
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES

(p) Permit means Installation Permit.

(q) Person means an individual, trust, firm, corporation, partnership, consortium, joint venture, joint stock company, political subdivision of a state, any interstate body, commercial entity, association, or agency, department, instrumentality of the Federal government or the government of Guam, including, autonomous agencies or any other legal entity.

(r) Petroleum Marketing Facilities means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

(s) Pipe or Piping means a hollow cylinder or the tubular conduit constructed of non-earthen materials. Pipe or Piping includes elbows, couplings, unions, valves, or other inline fixtures, that contain and convey regulated substances from a UST to a dispenser.

(t) Pipeline Facility (including gathering lines) means new and existing pipe rights-of-ways and any associated equipment, facilities, or buildings.

(u) RCRA means the Solid Waste Disposal Act of 1980, as amended by the Resource Conservation and Recovery Act of 1984, as amended. (Public Law 87-272, Title II, §9001, as added Public Law 98-616, Title VI,
§601(a), November 8, 1984, 98 Stat. 3277, and amended Public Law 99-
499, Title II, §205(a), October 17, 1986, 100 Stat. 1696; Public Law 102-
508, Title III, §302, October 24, 1992, 106 Stat. 3307; Public Law 103-429,
§7(d), October 31, 1994, 108 Stat. 4389; Public Law 109-58, Title XV,
§1532(a), 1533(1), August 8, 2005, 119 Stat. 1104, 1105; 42 U.S.C.
§6991c, et. Seq.) and regulations promulgated pursuant thereto.

(v) Regulated Substance means any element, compound, mixture, solution, or substance that, when released into the environment, may create substantial danger to the public health, welfare, or the environment. They include:

(1) Any substance defined in Section 101(14) of CERCLA, Public Law 96-510, as amended, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA, also known as Public Law 94-580, as amended;

COL3/1/2019 4
10 Guam Code Ann. HEALTH AND SAFETY
CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES

(2) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);

(3) Any grade of gasohol, ethanol, or bio-diesel; and

(4) Any other substance as designated by the Administrator.

(w) Release means the spill, leak, emission, discharge, escape, leaching, or disposing of a regulated substance from a UST.

(x) Secondary Containment refers to a component of a secondary containment system and means a UST and its piping having inner and outer barriers.

(y) Tank means underground storage tank (UST).

(z) Underground Storage Tank or UST means any one (1) or combination of tanks, including underground pipes connected thereto, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground or water.