10 Guam Code Ann. § 51115
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In 10 Guam Code Ann. § 51115
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Solid Waste-Civil Penalties. Any person who violates any solid waste management provision of this Chapter, or any valid solid waste management rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of this Chapter shall, in addition to clean-up costs and other damages, forfeit and pay a civil penalty of not more than $1,000 per day for each violation or noncompliance.
(c) Hazardous Waste-Criminal Penalties. Any person who knowingly violates any hazardous waste management provisions of this Chapter, or any valid hazardous waste management rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of this Chapter shall be guilty upon conviction of a felony of the third degree, and be fined not less than $10,000 per day for each violation and/or noncompliance, and shall make restitution.
(d) Hazardous Waste-Civil Penalties. Any person who violates any hazardous waste management provision of this Chapter, or any valid hazardous waste management rule or regulation promulgated under this Chapter, or who refuses or
COL 7/27/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL
neglects to comply with any lawful order issued by the Administrator in carrying out the provisions of this Chapter shall, in addition to clean-up costs and other damages, forfeit and pay a civil penalty of not less than $10,000 per day for each violation or noncompliance.
(e) Administrative Penalties. In addition to any other administrative or judicial remedy provided by this Chapter, or by rules adopted under this Chapter, the Administrator is authorized to impose by order the penalties specified in § 51115(b) and (d) respectively. Factors to be considered in imposing an administrative penalty include the nature and history of the violation and of any prior violations, and the opportunity, difficulty, and history of corrective action. It is presumed that the violator’s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator. In any proceeding to recover the civil penalty imposed, the Administrator need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the civil penalty was imposed, and that the penalty remains unpaid.