(a) The owner shall close a UST 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

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the Administrator, before and during removals of the USTs and tank systems. The Administrator shall adopt requirements for change-in-service and temporary closure and permanent closure of USTs and tank systems.

(b) No later than one hundred eighty (180) calendar days following submission to the Guam Environmental Protection Agency of a Notice of Intent for permanent closure, all USTs containing regulated substances must be physically removed from below ground surface.

(c) An exception to requirements for removal may be considered based on extenuating circumstances, which may warrant abandonment in- place for the UST. The extenuating circumstances such as, but not limited to, compromising the structural integrity of public infrastructure, must be requested in written form and submitted to the Administrator for consideration. Any exception granted by the Administrator shall relieve the owner of future liability, unless otherwise stated in the written exception to requirements.

(d) GEPA shall cause the owner of any previously approved UST which is discovered to have been improperly abandoned in-place to remove the improperly abandoned UST and any soil and/or groundwater contamination found to be caused by a release from the UST; and shall be mitigated by the owner as soon as reasonably possible, but not to exceed one hundred eighty (180) calendar days or as may be deemed reasonable by the GEPA Administrator. This shall not apply to any USTs that previously received written approval to be abandoned in-place, and were properly abandoned in-place.

(e) Any UST discovered to have been abandoned in-place without written approval from GEPA 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 GEPA Administrator; and any soil and/or groundwater contamination found to be caused by a release from the UST shall be mitigated as soon as reasonably possible. If ownership of the UST is unknown, uncertain, and disputed, the current owner of the land where the UST has been found shall be responsible for removal of the UST and any required mitigation. Nothing herein, however, shall prohibit the owner of such land from pursuing any remedies available in equity or at law against the party which previously owned and abandoned in-place the UST in question if such party is subsequently identified.

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SOURCE: Added by P.L. 20-106:1 (Oct. 16, 1989). Repealed and reenacted by P.L.
30-036:1 (June 19, 2009). Amended by P.L. 32-195:3 (Oct. 13, 2014).