(1) Prohibitions.

(A) In general. No person may use any pipe, any pipe or plumbing fitting or fixture, any solder, or any flux that is not lead-free in the installation or repair of:

(i) any public water system; or

(ii) any plumbing in a residential or nonresidential facility providing water for human consumption.

(B) Leaded joints. Subsection (a) of this Section shall not apply to leaded joints necessary for the repair of cast iron pipes.

(2) Public Notice Requirements.

(A) In general. Each owner or operator of a public water system shall identify and provide notice in a manner and form prescribed by the Guam EPA Administrator to persons that may be affected by lead contamination of their drinking water where such contamination results from either or both of the following:

(i) the lead content in the construction materials of the public water distribution system;

(ii) corrosivity of the water supply sufficient to cause leaching of lead.

(B) Contents of Notice. Notice under this Paragraph shall provide a clear and readily understandable explanation of:

(i) the potential sources of lead in the drinking water;

(ii) potential adverse health effects;

(iii) reasonably available methods of mitigating known or potential lead content in drinking water;

(iv) any steps the system is taking to mitigate lead content in drinking water; and

(v) the necessity for seeking alternative water supplies, if any.

(3) Unlawful Acts. It shall be unlawful for:

(A) any person to introduce into commerce any pipe, or any pipe or plumbing fitting or fixture, that is not lead-free, except for a pipe that is used in manufacturing or industrial processing;

(B) any person engaged in the business of selling plumbing supplies, except manufacturers, to sell solder or flux that is not lead-free; or

(C) any person to introduce into commerce any solder or flux that is not lead-free unless the solder or flux bears a prominent label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing providing water for human consumption.

(4) Exemptions. The prohibitions in Subsections
(a)(1) and (a)(3) of this Section shall not apply to:

(A) pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or

(B) toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, service saddles, or water distribution main gate valves that are two (2) inches in diameter or larger.

(b) Authority to inspect, require testing, and mitigation.

(1) Guam EPA may promulgate regulations to implement the requirements of this Section.

(2) Guam EPA may promulgate regulations to certify person(s) to conduct sampling for the purpose of complying with this Section.

(3) Guam EPA may require any person to remove new or existing pipe, plumbing fitting or fixture, any solder, or any flux in order to comply with this Section.

(4) Guam EPA may confiscate, destroy, or order any person to destroy or return ship any products, supplies, or materials not in conformance with this Section. Any person so ordered shall be required to provide written certification and documentary proof that said order has been carried out.