Closure. — Guam Code § 76116

§ 76116. Closure.

(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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