The Safe Drinking Water Act was enacted in 1977 by Public Law 14-90. It establishes a policy for the protection and provision of safe drinking water.

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CHAPTER 53 

Safe Drinking Water Act

	NOTE: This Chapter is taken from Chapter X of Title XII of the 

	   Government Code, added by P.L. 14-90.



§53101.	Title.

§53102.	Statement of Policy.

§53103.	Definitions.

§53104.	Administration.

§53105.	Drinking Water Standards.

§53106.	Review of Plans and Specifications.

§53107.	Right of Entry and Inspection.

§53108.	Laboratory Certification.

§53109.	Variances and Exemptions.

§53110.	Notification of User and Regulatory Agencies.

§53111.	Imminent Hazards.

§53112.	Plan for Emergency Provision of Water.

§53113.	Prohibited Acts.

§53114.	Remedies.

§53115.	Hearings.

§53116.	Severability.

§53117.	Effective Date.





	§53101. Title.  This Chapter shall be known as the Guam Safe 

Drinking Water Act.



	SOURCE: GC §57285.			Top of the page.



	§53102. Statement of Policy. It is hereby declared to be the 

public policy of this Territory and the purpose of this Act to protect 

public water supplies from contamination and to require the provision 

of safe drinking water for public consumption in order to protect 

human health and safety to the greatest degree practicable.



	To these ends, it is the purpose of this Chapter to provide a 

comprehensive territory- wide program for the protection and provision 

of safe drinking water.



	SOURCE: GC §57286.			Top of the page.



	§53103. Definitions. As used in this Chapter:



		(a) Agency means the Guam Environmental Protection 

	Agency as established by Chapter 1 of Title LXI [Compiled here 

	as Chapter 45 of Part 2 of Division 2 of GCA Title 10].



		(b) Administrator means the Administrator of the Guam 

	Environmental Protection Agency.



		(c) Public Water System means a system owned or 

	operated by any person which provides piped water for human 

	consumption if the system has at least fifteen (15) service 

	connections or regularly serves at least twenty-five (25) 

	individuals, such term includes:



			(1) Any collection, treatment, storage and 

		distribution facilities controlled by the system and 

		used primarily in connection with the system; and



			(2) Any collection or pretreatment storage 

		facilities not under control of, but which are used 

		primarily in connection with the system.



		(d) Board means the Board of Directors of the Guam 

	Environmental Protection Agency.



		(e) Person means an individual, corporation, company, 

	association, partnership, Federal agency or subdivision or 

	agency of the government of Guam.



		(f) Federal Agency means any department, agency or 

	instrumentality of the United States.



		(g) Supplier of Water means any person who owns or 

	operates a public water system.



		(h) Contaminant means any physical, chemical, 

	biological or radiological substance or matter in water which, 

	as determined by the Agency, may have an adverse effect upon 

	human health or may be harmful to the public welfare.



		(i) Federal Administrator means the Administrator of 

	the United States Environmental Protection Agency.



		(j) Federal Act means the Safe Drinking Water Act, 

	P.L. 93-523.



		(k) Primary Drinking Water Regulation means a 

	regulation which:



			(1) applies to public water systems;



			(2) specifies contaminants which, as 

		determined by the Agency, may have any adverse effect 

		on the health of persons;



			(3) specifies for each contaminant either:



				(i) a maximum contaminant level if, as 

			determined by the Agency, it is economically 

			and technologically feasible to ascertain the 

			level of such contaminant in public water 

			systems; or



				(ii) if, as determined by the Agency, 

			it is not economically or technologically 

			feasible to ascertain the contaminant level, 

			each treatment technique known to the Agency 

			which leads to a reduction in the level of 

			such contaminant sufficient to satisfy the 

			requirements of §53105; and



			(4) contains criteria and procedures to assure 

		a supply of drinking water, the quality of which does 

		not exceed maximum contaminant levels; it includes 

		quality control and testing procedures to insure 

		compliance with such standards and proper operation 

		and maintenance of the system, and requirements as to:



				(i) the minimum quality of water which 

			may be taken into the system; and



				(ii) siting for new facilities for 

			public water systems.



		(l) Secondary Drinking Water Regulation means a 

	regulation which applies to public water systems and which 

	specifies the maximum contaminant level which, in the judgment 

	of the Agency, are requisite to protect the public welfare.

	

		(m) National Primary Drinking Water Regulations means 

	primary drinking water regulations promulgated by the Federal 

	Environmental Protection Agency pursuant to the Federal Act.



		(n) National Secondary Drinking Water Regulations 

	means a secondary drinking water regulations promulgated by 

	the Federal Environmental Protection Agency pursuant to the 

	Federal Act.



		(o) Injection means the subsurface emplacement of any 

	material gaseous, liquid or solid or any admixture thereof, 

	which may add a contaminant to underground waters.



	SOURCE: GC §57287.			Top of the page.



	§53104. Administration. The Agency is herein authorized to:



		(a) Perform any and all acts necessary to carry out 

	the purposes and requirements of this Chapter;



		(b) Administer and enforce the provisions of this 

	Chapter and all rules, regulations and orders promulgated;



		(c) Enter into agreements, contracts or cooperative 

	arrangements with any person for the purpose of carrying out 

	this Act;



		(d) Receive financial and technical assistance from 

	the Federal government and other public or private agencies to 

	carry out the provisions of this Chapter;



		(e) Participate in related programs of any public or 

	private agencies or organizations;



		(f) Establish adequate fiscal controls and accounting 

	procedures to assure proper disbursement of and an accounting 

	for funds appropriated or received for the purpose of carrying 

	out this Chapter;



		(g) Delegate those responsibilities and duties as 

	appropriate for the purpose of administering the requirements 

	of this Chapter;



		(h) Establish and collect fees for conducting plan 

	reviews, inspections and laboratory analyses as necessary for 

	the purpose of carrying out this Chapter;



		(i) Prescribe such regulations as necessary to carry 

	out functions under this Chapter;



		(j) Make such investigations and inspections as may be 

	necessary to insure compliance with this Chapter; and



		(k) Encourage voluntary cooperation by persons and 

	affected groups to achieve the purposes of this Chapter.



	SOURCE: GC §57288.			Top of the page.



	§53105. Drinking Water Standards. (a) The Agency shall 

promulgate and enforce primary drinking water regulations and may 

promulgate and enforce secondary drinking water regulations. Primary 

drinking water regulations shall protect health using technology, 

treatment techniques and other means which are generally available. 

Maximum contaminant levels covered by primary drinking water 

regulations shall be set at a level at which no known or anticipated 

adverse effects on the health of persons occur and which allows an 

adequate margin of safety. Treatment techniques covered by primary 

drinking water regulations shall require treatment necessary to 

prevent known or anticipated adverse effects on the health of persons. 

Primary drinking water regulations shall be no less stringent than the 

national primary drinking water regulations in effect at that time.



 	(b) Maximum contaminant levels covered by secondary drinking 

water regulations may be set at a level which shall protect the public 

welfare. Treatment techniques covered by secondary drinking water 

regulations may require treatment necessary to prevent known or 

anticipated adverse effects on the welfare of persons. Secondary 

drinking water regulations should be no less stringent than the 

national secondary drinking water regulations.



 	(c) Subject to §53110, primary and secondary drinking water 

regulations shall apply to each public water system in the Territory 

including those owned and operated by the government of Guam or 

Federal agencies.



	(d) The Agency shall adopt and implement procedures for the 

enforcement of primary drinking water regulations, including 

monitoring, inspection and record keeping procedures which are not in 

conflict with the Federal Act.



 	(e) The Agency may promulgate and enforce regulations relating 

to cross-connection and back flow prevention control.



 	(f) The Agency shall promulgate regulations establishing an 

underground injection control program. Such program shall prohibit, 

effective not later than December 15, 1977, any underground injection 

which is not authorized by a permit issued by the Agency except that 

the Agency may authorize underground injection by regulation. 

Underground injection authorized by regulation shall not endanger 

drinking water sources. Any underground injection control program 

shall:



		(1) set standards and prohibitions controlling any 

	underground injection if such injection may result in the 

	presence of any contaminant in underground water which 

	supplies or may be expected to supply any public water system, 

	and if the presence of such contaminant may result in such 

	system not complying with any national primary drinking water 

	regulations or may otherwise adversely affect the health of 

	persons;



		(2) require, in the case of a program which authorizes 

	underground injection by permit, that the applicant for the 

	permit satisfy the Administrator that the underground 

	injection will meet the requirements of Subsection (f)(1) of 

	this Section;



		(3) conform to all requirements of the Federal Act and 

	any applicable regulations promulgated thereunder;



		(4) include inspection, monitoring, record keeping and 

	reporting requirements.



	SOURCE: GC §57289.			Top of the page.



	§53106. Review of Plans and Specifications. Plans and s

pecifications for the construction or substantial alteration of a 

public water system shall be submitted to the Administrator for 

approval in the form and manner specified in regulations adopted by 

the Agency.



	SOURCE: GC §57290.			Top of the page.



	§53107. Right of Entry and Inspection. (a) The Administrator 

or his authorized representative may enter at all reasonable times in 

or upon the property of any public water system for the purpose of 

inspecting and investigating the adequacy and sanitary condition of 

the water supply and the quality of its water.



 	(b) The Agency may enter into cooperative agreements with 

Federal agencies to implement the provisions of this Paragraph on 

Federal facilities.



	SOURCE: GC §57291.			Top of the page.



	§53108. Laboratory Certification.  No laboratory shall perform 

the tests and analyses required by the Administrator pursuant to this 

Chapter for any public water system without first obtaining a 

certificate issued by the Administrator that such laboratory is 

competent and equipped to conduct such tests. Certificates shall be 

renewed every three (3) years after the date of issuance. The 

Administrator may revoke any certificate upon determination that the 

laboratory is no longer competent or equipped to conduct such tests or 

analyses.



	SOURCE: GC §57292.			Top of the page.



	§53109. Variances and Exemptions. The Board may issue 

variances or exemptions from the regulations issued pursuant to §53105 

under conditions and in a manner consistent with the public interests; 

however, such variances or exemptions are not permitted under 

conditions less stringent than the conditions under which variances 

and exemptions may be granted under the Federal Act.



	SOURCE: GC §57293.			Top of the page.



	§53110. Notification of User and Regulatory Agencies.  

Whenever a public water system:



		(a) Fails to comply with an applicable standard, 

	treatment technique or testing procedure requirement of the 

	primary drinking water regulations;



		(b) Fails to perform monitoring required by 

	regulations adopted by the Agency;



		(c) Is subject to a variance granted for an inability 

	to meet a standard requirement;



		(d) Is subject to an exemption; or



		(e) Fails to comply with the requirements prescribed 

	by the variance or exemption;



 	The public water system shall promptly notify the 

Administrator and users in a form and manner prescribed by regulation 

by the Agency.



	SOURCE: GC §57294.			Top of the page.



	§53111. Imminent Hazards.  The Agency may, upon learning that 

a contaminant is present in or is likely to enter a public water 

system and may present an imminent and substantial danger to the 

public, take actions necessary to protect the health of the public. 

The actions which the Agency may take include but are not limited to:



		(a) issuing such orders as may be necessary to protect 

	the health of persons who are or may be users of such system 

	(including travelers); and



		(b) commencing a civil action for appropriate relief, 

	including a restraining order or permanent or temporary 

	injunction. Such action shall be conducted in and by the 

	Superior Court of Guam.



	SOURCE: GC §57295.			Top of the page.



	§53112. Plan for Emergency Provision of Water.  The Agency 

shall develop a plan for the provision of safe drinking water under 

emergency circumstances. When the Administrator determines that 

emergency circumstances exist in the Territory with respect to a need 

for safe drinking water, he may take such actions as necessary with 

the concurrence of the Governor of Guam to implement the plan for safe 

drinking water.



	SOURCE: GC §57296.			Top of the page.



	§53113. Prohibited Acts. The following acts are prohibited: 



		(a) Failure by a supplier of water to comply with the 

	requirements of §53110, or dissemination by any supplier of 

	false or misleading information with respect to notices 

	required pursuant to §53110 or with respect to remedial 

	actions undertaken to achieve compliance with primary drinking 

	water regulations;



		(b) Failure by a supplier of water to comply with 

	regulations promulgated pursuant to §53105 or with the 

	conditions for variances or exemptions issued under §53109; 

	and



		(c) Failure by any person to comply with any order 

	issued by the Agency pursuant to this Chapter.



	SOURCE: GC §57297.			Top of the page.



	§53114. Remedies. The Administrator may enforce this Chapter 

in either administrative or judicial proceedings.



 	(a) Administrative. If the Administrator determines that any 

person is violating any provision of this Chapter, any rule or 

regulation promulgated thereunder or any variance or exemption issued 

pursuant thereto, the Administrator may have that person served with a 

Notice of Violation and an Order. The notice shall specify the alleged 

violation. The order may require that the alleged violator do any or 

all of the following: cease and desist from the violation; pay a civil 

penalty not to exceed Five Thousand Dollars ($5,000) for each day of 

violation; or appear before the Administrator at a time and place 

specified in the order and answer the charges complained of. The order 

shall become final ten (10) days after service unless within those ten 

(10) days the alleged violator requests in writing a hearing before 

the Board. Upon such request, the Board shall specify a time and place 

for the alleged violator to appear. When the Administrator issues an 

order for immediate action to protect the public health from an 

imminent and substantial danger, the Agency shall provide an 

opportunity for a hearing within twenty-four (24) hours after service 

of the order. After a hearing pursuant to this Subsection before the 

Board, the Board may affirm, modify or rescind the Administrator's 

order as appropriate. The Administrator may institute a civil action 

in any court of appropriate jurisdiction for the enforcement of any 

order issued pursuant to this Subsection.



 	(b) Judicial. The Administrator may institute a civil action 

in the Superior Court of Guam for injunctive relief to prevent 

violation of any order or regulation issued pursuant to this Chapter 

in addition to any other remedy provided for under this Section.



 	(c) Nothing in this Chapter shall prevent the Agency from 

making efforts to obtain voluntary compliance through warning, 

conference or any other appropriate means.



	SOURCE: GC §57298.			Top of the page.



	§53115. Hearings.  (a) No rule or regulation and no amendment 

thereof shall take effect except after public hearing on due notice as 

provided in the Administrative Adjudication Law.



	(b) Nothing in this Section shall be construed to require a 

hearing prior to the issuance of an imminent hazard order pursuant to 

§53111 of this Act.



	SOURCE: GC §57299.			Top of the page.



	§53116. Severability. The provisions of this Chapter are 

severable; if any provision or application of this Act is held 

invalid, such invalidity does not affect other provisions or 

applications of this Chapter which can be given effect without the 

invalid provision or application.



	SOURCE: Section 2, P.L. 14-90.			Top of the page.



	§53117. Effective Date. This Chapter shall take effect upon 

its approval by the Governor.



	SOURCE: P.L. 14-90:3.			Top of the page.