CHAPTER 5 WATER QUALITY STANDARDS - FAOLEX …faolex.fao.org/docs/pdf/gum71810.pdf · · 2007-05-30CHAPTER 5 WATER QUALITY STANDARDS §5101. Statement of Policy. ... pollution control

22 GAR GEPADIV. II - WATER CONTROL

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 2

CHAPTER 5WATER QUALITY STANDARDS

§5101. Statement of Policy.§5102. Categories of Waters.§5103. Water Quality Criteria.§5104. Effluent Limitations.§5105. Definitions.Appendix A - Priority Toxic PollutantsAppendix B - WetlandAppendix C - Created Wetland GuidelinesAppendix D - Executive Order No. 90-13

Protection of WetlandsAppendix E - Executive Order No. 90-09

Establishing the Development Review CommitteeAppendix F - Guidelines for the Review and Issuance of 401 Water

Quality CertificationAppendix G - Guam Water ClassificationAppendix H - Executive Order No. 90-10

Requirements For Environmental Impact AssessmentsFor All Territorial Land Use Commission Actions

Appendix I - Tributyltin (TBT)Appendix J - Table III

Limitations For Discharges To Categories G-2a, G-2Band G-3

NOTE: Rule-making authority cited for formulation of waterpollution control regulations by the Guam EnvironmentalProtection Agency, 10 GCA §45106.

The following revised Water Quality Standards were filedwith the Legislative Secretary on April 14, 1984.

Original publication was made on February 15, 1975.

§5101. Statement of Policy. It shall be the publicpolicy of Guam to:

(a) conserve, protect, maintain and improve thequality of the waters for drinking water supply andfood processing, for the growth and propagation ofaquatic life, for marine research and for theconservation of coral reefs and wilderness areas, andfor domestic, agricultural, commercial, industrial,recreational and other legitimate uses;

(b) provide that no pollutant discharge into anywater be allowed, unless (1) the discharge firstreceives processing which will assure the pollutantremoval or provide the control technology necessaryto protect the designated beneficial uses of the waters;(2) the discharge meets the effluent limitationsestablished for that discharge; and (c) bestmanagement practices are applied to all non-pointsources; and



(c) provide for the prevention, abatement andcontrol of new and existing water pollution.

(d) maintain and improve the chemical, physical,and biological integrity of wetlands water quality asnecessary to meet the Clean Water Act Section 101(a),and to protect wetlands.

(e) provide protection from point or non-pointsource discharges to wetlands in the same way asother surface waters.

(f) provide protection from point and non-pointdischarges, including discharges from ponding basinsand via sinkhole to groundwater.

Further, under the terms of U.S. Water PollutionControl Act 92-500 as amended by Public Lawsthrough 1986:

(a) it is the territorial goal that the discharge ofpollutants into territorial waters be eliminated;

(b) it is the national goal that a water qualityguideline be established and enforced, which providefor the protection and propagation of fish, shellfishand other aquatic and marine life, and provide for safepublic recreation in and on the water;

(c) it is the territorial policy that the discharge ofpollutants in harmful or hazardous amounts beprohibited; and

(d) it is the territorial goal to eliminate all pointsource discharges to certain near-shore waters.

To assist in obtaining these goals, all dischargesincluding non-point sources will be controlled(permitted) either through the National PollutantDischarge Elimination System (NPDES) or through theGuam Environmental Protection Agency's local permitprogram.

Therefore, pursuant to the authority contained inthe Guam Water Pollution Control Act (10 GCA§§47104 and 47108 of Chapter 47, Title 10 of the GuamCode Annotated), which authorized the formulation ofstandards of water purity and classification of watersaccording to their most beneficial uses, the GuamEnvironmental Protection Agency hereby adopts thefollowing standards of water quality for Guam.



Waters whose existing quality was better than theestablished standards will be maintained at the samehigh quality.

Waters whose existing quality is less than theestablished standards for their use due to the presenceof substances, conditions or combinations thereofattributable to domestic, commercial and industrialdischarges or agricultural construction and other land-use practices, shall be improved to comply with theestablished standards. However, in such cases wherethe natural conditions are of lower quality than criteriaassigned, the natural conditions shall constitute thewater quality criteria. Water quality criteria inboundary areas shall be established so that the moststringent standard applies. When more than one set ofWater Quality criteria apply, including overlap ofcategory designation or at a boundary water betweentwo categories, then the more stringent standard shallprevail.

The Administrator of the Guam environmentalProtection Agency may allow a lowering of waterquality, only if it has been demonstrated to theAdministrator with an Environmental ImpactStatement (EIS) pursuant to the requirement ofExecutive Order 90-10 (Appendix H) that a loweringof the water quality is the only alternative and isnecessary as a result of essential social needs. It mustalso be demonstrated with the EIS that the loweredwater quality will nor interfere with or becomeinjurious to any aquatic life or uses made of orpotentially possible in the affected waters. A publichearing shall be conducted to give residents of theterritory, primarily those residing in the affected area,opportunity to review and comment on the EIS.

All industrial, public or private projects ordevelopments will be required, as part of the initialproject design, to make provisions for the pollutantremoval or control technology necessary to protect thedesignated use of receiving waters or maintain theexisting high quality of the receiving waters.

Point Source discharges through storm drainageexcept for storm water is prohibited by thesestandards.



The purpose of these Water Quality Standards isto prevent degradation of water resources resultingfrom pollution sources. An Environmental ProtectionPlan (EPP) will be prepared by all developers,contractors, and others prior to construction initiationto ensure that water resources will not be degraded.This EPP will be submitted to the GuamEnvironmental Protection Agency for approval.Failure to comply with the EPP will result in a StopWork Order and other actions, as deemed necessary,until compliance is achieved.

§5102. Categories of Waters. The followingcategories of waters established under these standardsrelate to the different liquid components of thehydrologic cycle. All categories of water, (Marine,Surface and Groundwater) are referenced on theWater Classification Map. Scaled down copies of thesemaps are included in these standards enabling readersto understand their relative position, application anduse.

(a) Marine Water. This major type of waterincludes all coastal waters off-shore from the meanhigh tide mark, including estuarine waters, lagoonsand bays, brackish areas, and other special aquaticsites, and other inland waters that are subject to ebband low of the tides. Refer to Water ClassificationMap.

(1) Category M-1 EXCELLENT. Waters in thiscategory must be of high enough quality to ensurepreservation and protection of marine life, includingcorals and reef dwelling organisms, fish and relatedfisheries resources, and enable the pursuit of marinescientific research as well as aesthetic enjoyment. Thiscategory of water shall remain substantially free frompollution attributed to domestic, commercial andindustrial discharges, shipping and boating, oragriculture, construction and other activities whichcan reduce the waters‘ quality. Furthermore, thereshall be no zones of mixing within this category water.

(2) Category M-2 GOOD. Water in this categorymust be sufficient quality to allow for the propagationand survival of marine organisms, particularlyshellfish, corals and other reef related resources. Other



important and intended uses include maricultureactivities, aesthetic enjoyment and compatiblerecreation inclusive of whole body contact and relatedactivities.

(3) Category M-3 FAIR. Water in this category isintended for general, commercial and industrial use.Specific intended uses include the following: shipping,boating and berthing, industrial cooling water,marinas, while allowing for protection of aquatic life,aesthetic enjoyment and compatible recreation withlimited body contact.

(b) Groundwater. This major type of waterencompasses all subsurface waters and includes basaland parabasal water, perched water, all water belowthe groundwater table, water percolating through theunsaturated zone (Vadose Water), all saline watersbelow and along the perimeter of the basal fresh-waterbody (freshwater lens), and water on the surface thathas been collected with the specific intent ofrechanging or disposing of that water to thesubsurface by means of injection, infiltration,percolation or other means. The Northern GuamWater lens which is the Principal Source Aquifer andany other groundwater resource as they are identifiedshall continue to receive protection under Guam‘sgroundwater regulations.

(1) Category G-1. RESOURCE ZONE. Theprimary use of groundwater within this zone is fordrinking (human consumption) and this use must beprotected. Virtually all water of the saturated zone ofGuam is included. Specifically it includes all wateroccurring in the saturated zone below thegroundwater table, all vadose water occurring in anunsaturated zone interval extending 100 feet (30.5 m)above any water table, or to within 20 feet. of theground surface above all fresh groundwater bodies, allwater and the basal and parabasal freshwater bodies,and all water of and below the freshwater/salt-watertransition zone beneath the basal water body(Examples A-1, A-2, A-3, MJ1, MJ5).

Because any water discharges within this zonewill (by definition) be tributary to groundwater bodieswhich are actual or potential sources of fresh, potable



water supply, no pollutant discharges to thegroundwater within this zone will be allowed.

(2) Category G-2. RECHARGE ZONE. Waterwithin this zone is tributary to, replenishes andrecharges the Category G-1 groundwater and must beof drinking water quality before it enters the ResourceZone. All water discharges within the Recharge Zonemust receive treatment to the degree necessary toprotect the underlying Category G-1 groundwaterfrom any contamination.

Category G-2 is divided into two distinct sub-categories based upon the boundaries of theGroundwater Management Protection Zone(GWMPZ).

Category G-2a exists within the GWMPZ andextends from the ground surface to the top of the G-1Zone.

Category G-2b exists only outside the GWMPZand includes all waters which are collected andrecharged or disposed of within a zone which isbounded above by G-3 and below by G-1. Vertically,this zone extends 20 feet below the ground surface tothe upper surface of the Category G-1 waters. Input toground water within this zone occurs primarilythrough storm water injections wells.

It is recognized that water within this zone willpercolate through soil/rock media before reaching theResource Zone. In this way it may undergo somedegree of natural treatment consisting of filtration andsubsequent purification. However, the degree oftreatment is not easily demonstrated. Thus, due to theneed to protect G-1 waters and considering thedifficulty in tracing pollutants reaching the G-1 zoneto a particular source, discharge limitations have beenestablished to regulate discharges to the G-2 zone. Alldischarges must meet the discharge limitationsestablished in Table III. (Appendix J)

All discharges within this zone may be requiredby the Agency to obtain discharge permits under thesestandards.



(3) Category G-3. BUFFER ZONE. Category G-3exists only outside the GWMPZ and includes allwaters which are collected and disposed of orrecharged at or near the existing groundwater supply.Vertically, the zone for this category extends from thesurface to 20 feet. (6 m) below the surface. Disposalmethods which may result in discharges togroundwater within this zone include, but are notlimited to, ponding basins, rapid infiltration, slow rateland treatment, surface or spray irrigation and allsubsurface discharges (seepage, leaching).

For reasons similar to those discussed forCategory G-2a and Category G-2b, dischargelimitations for G-3 are also established in Table III(Appendix J). Discharges equal to or less than 3,000gallons per day (gpd) within the G-3 zone aredesignated by G-3a. Water quality criteria for alldischarges within zone G-3 which are greater than3,000 gpd are designated G-3b. This differentiation incriteria addresses the fact that minor dischargestypified by small scattered individual dwelling unitsprobably have less adverse impact on underlyinggroundwater than major point source discharges andthus are allowed less restrictive water quality limits(i.e. equivalent to primary treatment).

All discharges within this zone may be requiredby the Agency to obtain discharge permits under theseregulations.

(c) Surface Waters. This Category includes all ofsurface fresh-water and includes, (1) waters that flowcontinuously over land surfaces in a defined channelor bed, such as streams and rivers; (2) standing waterin basins such as lakes, wetlands, marshes, swamps,ponds, sinkhole, impoundments, and reservoirs eithernatural or man-made; and (3) all waters flowing overthe land as runoff, or as runoff confined to channelswith intermittent flow. Refer to Water ClassificationMap. Waters under these category are those waterswhich are collected with the specific intent of disposalby recharging them into the ground (i.e., pondingbasins).

(1) Category S-1 HIGH. Surface waters in thiscategory is used for drinking water resources,



conservation of wilderness areas, and propagation andpreservation of aquatic life and aesthetic enjoyment. Itis the objective of these standards that these watersshall be kept free of substances or pollutants fromdomestic, commercial and industrial discharges, oragricultural, activities, construction or other land-usepractices that may impact water quality. No pollutantdischarges will be permitted into S-1 waters viadischarge or as a result of land uses adjacent to S-1waters. Mixing zones will not be allowed within theboundaries of Category S-1.

(2) Category S-2 MEDIUM. Surface waters in thiscategory is used for recreational purposes includingwater contact recreation, for use as potable watersupply after adequate treatment is provided, and forpropagation and preservation of aquatic wildlife andaesthetic enjoyment.

(3) Category S-3 LOW. Surface waters in thiscategory is primarily used for commercial, agriculturaland industrial activities. Aesthetic enjoyment andcompatible recreation are acceptable in this zone, aswell as maintenance of aquatic life. Compatiblerecreation may include limited body contact activi ties.All discharges within this zone which are not requiredto have construction and/or discharge permits underexisting regulations may be required by the Agency toobtain such permits under these regulations.

§5103. Water Quality Criteria. (a) GeneralCriteria Applicable to all Territorial Waters. Allwaters shall meet generally accepted aestheticqualifications, shall be capable of supporting desirableaquatic life, and shall be free from substances,conditions or combinations thereof attributable todomestic, commercial and industrial discharges oragricultural, construction and land-use practices orother human activities that:

(1) cause visible floating materials, debris, oils,grease, scum, foam or other floating matter whichdegrades water quality or use;

(2) produce visible turbidity, settle to formdeposits or otherwise adversely affect desirableaquatic life;



(3) produce objectionable color, odor or taste,directly or by chemical or biological action;

(4) are toxic or harmful to humans, animals,plants or aquatic life; and

(5) induce the growth of aquatic life.

Analytical testing methods for these criteria shallbe in accordance with the most recent editions ofStandard Methods for the Examination of Water andWastewater (APHA, AWWA, WPCF), Methods forChemical Analysis of Water and Wastes (U.S.Environmental Protection Agency), and other methodsacceptable to GEPA and possessing adequateprocedural precision and accuracy.

Effects of high temperature, biocides, pathogenicorganisms, toxic, corrosive, or other deleterioussubstances at levels or combinations sufficient to betoxic or harmful to human, animal, plant or aquaticlife or in amounts sufficient to interfere with anybeneficial use of the water, shall be evaluated as aminimum, by use of a 96-hour bioassay as described inthe most recent addition of the EPA Manual or ASTM.Survival of test organisms shall not be less than that ofcontrols which utilize appropriate water. Failure todetermine presence of toxic substances by this methodshall not preclude determination of excessive levels oftoxic substances on the basis of other criteria ormethods.

(b) Specific Numerical Water Quality Criteria.

(1) Microbiological RequirementsApplicable to

Concentrations of total coliform M-1S-1

bacteria at any point shall not beincreased from natural conditions

at any time.

The fecal coliform bacteria M-2 S-2count shall not exceed anarithmetic mean of 70 per 100ml during any 30-day period



nor shall any sample exceed400 per 100 ml at anytime.

The fecal coliform bacteria count M-3S-3

shall not exceed an arithmeticmean of 200 per 100 ml during

any 30-day period nor shall anysample exceed 400 per 100 mlat anytime.

To determine compliance with theabove microbiological requirementswhere a "30-day period" is specified,

a minimum of four samples shall becollected at approximately equal

intervals.

NOTE: Where shellfish are collected for humanconsumption the microbiological standard for M-1waters shall apply.

(2) pH

The pH of fresh and estuarine M-1S-1

waters shall be 6.5-8.5 and M-2 S-27.009.0 for marine waters. M-3 S-3Variations of more than 0.5more than 0.5 pH units fromambient shall not be allowedexcept due to natural causes.

(3) Nutrients

Phosphorus: Applicable to

Orthophosphate (PO4-P) M-1 S-1shall not exceed 0.025 mg/1

Orthophosphate (PO4-P) M-2 S-2shall not exceed 0.05 mg/1

Orthophosphate (PO4-P) M-3 S-3not exceed 0.10 mg/1

Nitrogen:



Nitrate-nitrogen (N03-N) M-1 S-1shall not exceed 0.10 mg/1

Nitrate-nitrogen (N03-N) M-2 S-2shall not exceed 0.20 mg/1

Nitrate-nitrogen (NO3-N) M-3 S-2shall not exceed 0.50 mg/1

Guam's groundwater has nitrate-nitrogenconcentrations up to 5 mg/1. It is not the intent ofthese standards to require secondary wastewatertreatment. Treatment in excess of secondary treatmentmay be required and reviewed on a case by case basis.Levels of nutrients in receiving waters will be used asa guide in determining if treatment



Activities which may result in non-pointdischarges of nutrients shall be conducted inaccordance with the best management practicesreasonably determined by the Agency to be necessaryto preclude or minimize such discharges of nutrientsnow to allow levels beyond those explicitly statedabove.

In all cases, discharges containing nutrients,primarily nitrogen and/or phosphorus shall be treatedto the extent necessary to prevent damage to coralreefs or growth of aquatic species which create apublic nuisance or interfere with beneficial uses asdefined in §5102.

(4) Dissolved Oxygen Applicable to Concentrationsof dissolved All Waters of the oxygen shall not bedecrease Territory below 75 per cent saturation at anytime, as influenced by salinity of naturally occurringtemperature variations. Where natural conditionscause lower dissolved oxygen levels, controllablewater quality factors shall not cause furtherreductions.

Table I. Saturation D. O.

____________________________________________________________Freshwater Marine Water andWetlandsSat.75% Sat. Temp. Salinity Sat. 75% Sat_____________________________________________________________________________________________________

mg/l mg/l _C ppt mg/lmg/l

_____________________________________________________________________________________________________

7.6 5.6 30 32 6.2 4.68.2 6.2 26 32 6.7 5.0_____________________________________________________________________________________________________

(5) Salinity.

Marine-Waters: No alterations All Marine (M-1),of the marine environment M-2, M-3), Estuarineshall occur that would alter Waters and Wetlandsthe salinity of marine or of the Territory.estuarine waters more than+10% of the ambient condi-tions, except when due to

natural conditions.



Fresh-Water: The maximum S-1allowable amount of chlorides and S-2sulfates shall be 250 mg/1, and the S-3total dissolved solids shall notexceed 500 mg/1 of 133% of theambient condition. The salinity of

fresh-water sources shall not be in-creased more than 20% aboveambient by discharges of saline water.

(6) Total Filterable Suspended Solids Applicable to

Concentrations of suspended M-1 S-1matter at any point shall not be

increased from ambient conditionsat any time, and should not exceed5 mg/l except when due to naturalconditions.

Concentrations of suspended M-2 S-2matter at any point shall not be

increased more than 10% fromambient at any time, and shouldnot exceed 20 mg/l except whendue to natural conditions.

Concentrations of suspended M-3 S-3matter at any point shall not beincreased more than 25% fromambient at any time and shouldnot exceed 40 mg/1 except whendue to natural conditions.

(7) Turbidity

Turbidity at any point, as M-1 S-1measured by nephelometricturbidity units (NTU), shallnot exceed 0.5 NTU overambient conditions except whendue to natural conditions.

Turbidity values (NTU) at any M-2 S-2point shall not exceed 1.0 NTU M-3 S-3over ambient conditions exceptwhen due to natural conditions.

Since debris, rapidly settling particlesand true color give low readings whenusing Nephelometric methods in making

turbidity determinations and one or moreof these conditions may exist in marineand surface water, secchi disc determina-tions will be used when these conditionsexist. Secchi disc visibility shall not decrease by more than 5 meters fromambient conditions except when due to



natural conditions.

(8) Radioactive Materials

Discharges of radioactive of materials All Watersat any level into any waters of the of the

territory is strictly prohibited. Territory.

(9) Temperature

Water temperature shall not be All Watersnot be changed more than of the1.0_C (1.8_F) from ambient Territoryconditions, outside an establishedmixing zone.

(10) Concentrations of Oil or M-1 S-1Petroleum Products. Those that M-2 S-2

exceed the limits described M-3 S-3below are unacceptable.

a) Detectable as avisible

f i l m s h e e n ,discoloration of

the surface, or byodor;

b) Causes tainting of fish ori n v e r t e b r a t e s ,

damage to theb i o t a , o r

objectionable taste indrinking; or

c) Forms an oil depositon the

shores or bottom ofthe receiving

body of water.

(11) Pesticides

Concentrations of pesticides shall not exceed onepercent (0.01) of the 24-hour LC50 valuedetermined using the receiving water in questionand in the most sensitive species of aquaticorganism affected.

Where the concentration based on the LC50 dataexceeds the recommended maximumconcentrations, the maximum concentrations shallconstitute the criteria.



For the listing of all pesticides (Organochlorides,Organophosphate, Carbamate, Herbicides,Fungicides, Defoliants and Botanical) please referto the U. S. Water Quality Criteria "Blue Book."

NOTE: The setting or publishing of maximumconcentrations (limits) for specific pesticides and other toxicshould in no way be construed as official approval orauthorization for their use where such use is contrary to U.S.Environmental Protection Agency or other federal or localregulations which now exist or may be enacted at somefuture time.

(12) Toxic Substances

In order to provide maximum protection forthe propagation of fish and wildlife,concentrations of toxic substances (persistent ornon-persistent, cumulative or non- cumulative);(a) shall not exceed 0.05 of the 96-hour LC50 at anytime or place, nor should the 24-hour averageconcentration exceed 0.01 of the 96-hour LC50 or,(b) shall not exceed levels calculated bymultiplying the appropriate application factor bythe 96-hour LC50 values determined by using themost sensitive species of aquatic organismaffected. Which ever value (a or b) is less shall bethe maximum allowable concentration, unless thisvalue exceeds the Maximum Numerical Limit,then the numerical limit shall constitute themaximum allowable concentration.

Criteria for the 126 Section 307 (A) ToxicPollutants, listed by the U.S. EnvironmentalProtection Agency, to which this standard applies,are incorporated by reference into the GuamWater Quality Standards. A list of some of theToxic Pollutants is given in Appendix A. Absencefrom this list does not mean a substance is non-toxic, as it may be added later. All effluentcontaining materials attributable to the activitiesof man shall be considered harmful. and notpermissible until acceptable bioassay tests haveshown otherwise. At the request of theAdministrator, it is the obligation of the personproducing the effluent to demonstrate that it isharmless.



In addition, effluent limits based upon acuteand/or chronic toxicity tests of effluent may beprescribed by the Administrator. As a minimum,compliance with the standard as stated in theprevious sentence shall be evaluated with a 96-hour bioassay or short-term method forestimating chronic toxicity. References for thesemethods are: EPA/600/4-89/011 Short-TermMethods for Estimating the Chronic Toxicity ofEffluent and Receiving Waters to FreshwaterOrganisms, march, 1989; or EPA/600/4-85/013Methods for Measuring the Acute Toxicity ofEffluent to Freshwater and Marine Organism,Cincinnati, Ohio, EMSL, March, 1985; orEPA/600/4-87/028 Short-Term Methods forEstimating the Chronic Toxicity of Effluent andReceiving Waters to marine and EstuarineOrganisms, Cincinnati, Ohio, EMSL, May 1988.Numerical receiving water limits including EPA‘sSection 304(a) criteria for Section 307(a) toxicpollutants (Appendix A) as cited at 53 FR 177 andsummarized in EPA 440/5-86-001 Quality Criteriafor Water 1986, Wash ington D.C., OWRS, May 1,1986, as amended by Update #1, September 16,1986, and Update #2, May 1, 1987 (“QualityCriteria for Water“) will apply. The numeric waterquality standards from this reference are those forthe parameters that are the Section 307(a) prioritypollutants (Appendix A). These standards areintended to protect both aquatic life and humanhealth. For protection of aquatic life, they aremaximum levels not to be exceeded and GEPAwill utilize the national criteria guidance four-dayaverage concentration limits or 24-hour averagelimits, whichever is most current, a standards. Forprotection of human health in fresh surfacewaters, the GEPA will apply the national criteriaguidance for ingestion through water andcontaminated aquatic organisms as 30-dayaverage limits. For other territorial waters, theGEPA will apply the national criteria guidance foringestion through contaminated aquaticorganisms alone as 30-day average limits. Forthose priority pollutants that are carcinogens, the10 to the minus sixth power risk level will be used(10-6).



In addition to the 126 listed tonics, Table II showsthe maximum allowable concentrations andapplication factors for additional toxic substances.

TABLE II. Additional Toxic Pollutantsnot included in Appendix A

_______________________________________________________________*Substance Maximum NumericalApplication Limit Factors

Marine Water Fresh Water_________________________________________________________________________________________________________

Aluminum 0.20 mg/1 1.0 mg/1 0.01Ammonia 0.02 mg/1 0.05Barium 0.50 mg/1 0.05Boron 5.00 mg/1 0.10Bromine (free) 0.10 mg/1

-- (as Bromate) = 100.00 mg/1--Chlorine(Total residual) 0.00 mg/1 0.01 mg/1

0.1Fluoride 1.50 mg/1 0.80 mg/1

0.1Iron 0.05 mg/1 3.00 mg/1

--Manganese 0.02 mg/10.2Molybdenum -0.0Sulfide 0.005 mg/10.1

(Applicable to2 0 - d a y L C

data)TBT (Se Appendix I)Uranium 0.00 mg/10.01Vanadium -- 0.05_____________________________________________________________________________________________________

* Total amounts in indicated chemical state of form.

1Greater concentrations of Chlorine may be used totreat a source of drinking water in order to meet therequirements of Subsection II.B.1. of these standards.

2Naturally occurring Uranium has been reported inconcentrations of 0.003 mg/1 (seawater) and 0.00004mg/1 (river water).

NOTE: Whenever natural concentrations of any toxic substance orelement occur and exceed the limits established in these standards,this greater concentration shall constitute the limit, provided that



this natural concentration was not directly affected by man-induced causes. §5104. Effluent Limitations. (a) GeneralCriteria. The Agency reserves the right to amend orextend the following criteria as improved standardmethods are developed or revisions consistent withthe enhancement of water quality are justified:

(1) All sewage shall be treated to the degreerequired by the Agency to achieve standards of waterquality prior to being discharged to the waters of theTerritory. Industrial waters and other wastes shall alsobe treated to the degree required by the Agency.

(2) Dilution of the effluent from any wastewatersource as a sole means of treatment is not acceptable asa method of treatment of wastes in order to meet thestandards set forth in this Section. Rather, it shall bethe obligation of any person discharging pollutants ofany kind to the waters of the Territory to provide thebest pollutant removal or control consistent withtechnological feasibility, economic reasonableness, andsound engineering judgment. In making adetermination as to what degree of treatment is thebest pollutant removal or control within the meaningof this paragraph, any person shall consider thefollowing:

(i) the degree of waste reduction that can beachieved by process change, improvedhousekeeping and recovery of individual wastecomponents for reuse; and

(ii) whether individual process wastewaterstreams should be segregated or combined.

(3) Measurement of pollutant concentrations todetermine compliance with the effluent limitationsshall be made by the discharger at the pointimmediately following the final treatment process andbefore mixing with other waters. Points ofmeasurement shall be designated by the Agency in anindividual permit, after consideration of the elementscontained in this Section. If necessary, theconcentrations so measured shall be recomputed toexclude the effect of any dilution that is improperunder this standard.



(4) Every person discharging effluent to thewaters of the Territory shall submit operating reportsto the Agency at a frequency to be determined by theAgency. Such reports shall contain informationregarding the volume of effluent discharged, and theconcentrations of those physical, chemical andbacteriological parameters which shall be specified bythe Agency; and any additional information theAgency may reasonably require.

(5) In addition to other requirements no effluentshall, alone, or in combination with other sources,cause a violation of any applicable Water QualityStandard. If the Agency finds that a discharge whichcomplies with treatment requirements under theAuthority of Section III-A would cause or is causing aviolation of Water Quality Standards, theAdministrator shall take appropriate action under§47109 of the Water Pollution Control Act to requirethe discharge to meet whatever effluent limits arenecessary to ensure compliance with the WaterQuality Standards. When such a violation is caused bythe cumulative effect of more than one source, severalsources may be joined in a schedule of compliance.Measures necessary for effluent reductions will bedetermined on the basis of technical feasibility,economic reasonableness, and fairness to alldischargers.

(6) Any existing point source discharges to nearshore waters of M-1 and M-2 classifications as of theeffective date of these standards shall submit to theAdministrator for approval a plan and schedule forelimination of the discharge to near shore waters byDecember 31, 1998. Any such plan shall consider allalternate disposal options and give preferentialconsideration to eliminating all point sourcedischarges to the waters of the Territory. Afterapproval of the plan by the Administrator, theAdministrator shall not certify compliance with thesestandards to the USEPA in connection with issuance orreissuance of a NPDES permit for the discharge unlessthe permit includes the aforementioned plan andschedule.

7. The Administrator shall not certify compliancewith these standards to the USEPA in connection with



issuance of a NPDES permit for a new discharge tonear shore waters.

(b) Mixing Zones in Receiving Waters. Whenevera Water Quality Standard is more restrictive than thecorresponding effluent standard, then an opportunitymay be allowed by the Agency for the mixture of aneffluent with its receiving water provided that thezone in which mixing occurs will not adversely affectthe designated uses of the receiving waters. If mixingzones are used, Water Quality Standards for areceiving water must be met at every point outside ofthe boundaries of the designated mixing zone. Thefollowing criteria apply to all mixing zones:

(1) Whenever mixing zones are allowed, zones ofpassage, i.e., continuous water routes of the volume,area, and quality necessary to allow passage of free-swimming and drifting organisms with no significanteffects produced on their populations, shall beprovided.

(2) Where two (2) or more mixing zones are inclose proximity, they shall be so defined that acontinuous zone of passage for aquatic life is available.

(3) Biologically important areas, includingspawning and nursery areas, shall be protected.

(4) No criteria shall be set aside in the mixing zonewhich shall cause conditions in the mixing zone to belethal to aquatic life and wildlife which may enter thezone or injurious to human health in the event of atemporary exposure.

(5) The area or volume of an individual mixingzone shall be limited to an area or volume that willminimize impacts on uses.

(6) The discharge shall not violate the basicstandards applicable to all waters (Section II A andSection III E) nor shall it unreasonably interfere withany actual or probable use of the water within themixing zone.



(7) For those water quality criteria eligible for amixing zone, alternate limits will be established if thelimits in II-B are to be revised in the zone of mixing.

(8) Mixing Zones may be allowed on a case bycase basis upon approval of an Environmental ImpactStatement.

(c) Mixing Zones for Non-Thermal Discharges.Non-thermal discharges shall be permitted by theNational Pollutant Discharge Elimination System(NPDES) permit process. Mixing zone for non-thermal discharge may be granted only after carefulanalysis of the nature of the effluent and a thoroughstudy to assess the consequences of the effluent uponthe environment. Mixing zones for non-thermaldischarges shall be based on the following models,taking into consideration the criteria in subsection (b)above.

(1) Mixing Zones for Non-Thermal Discharges.For non-thermal discharges into streams and rivers,the mixing zone, at the point of discharge, is limited to25% of the cross sectional area of the stream at theminimum flow at which the appropriate WaterQuality Standard can be met by thorough mixing ofthe effluent with the receiving waters.

The length of the mixing zone shall extenddownstream no more than 5 times the natural width ofthe stream at the point of discharge at the minimumflow condition.

The applicable water quality standard must beachieved at all points outside the mixing zone.

Mixing zones will not be permitted in standingbodies of water.

(2) Mixing Zones for Non-thermal Dischargesinto Coastal Waters. For non-thermal discharges tocoastal waters, the mixing zone shall be equal in depthto the depth of the water over the diffuser, in width totwice the depth of the water plus the width of thediffuser, and in length to twice the depth of the water



plus the length of the diffuser, with the diffusergeographically centered within the mixing zone.

All discharges to marine waters will comply withthe ocean discharge Criteria promulgated under§403(6)(c) of the Federal Clean Water Act.

(d) Mixing Zones for Thermal Discharges:

(1) Shall conform to a zone of mixing defined forthat particular discharge on a case-by-case basis. Thiszone of mixing shall be defined by the followingreferences depicting appropriate thermal mixing zonemodels.

- EPA/505/2-90-001, PB91-127415, March 1991Technical Support Document for Water Quality-based Toxic Control.

And take into consideration the following criteria:

- Time of Exposure- Temperature of effluent- Depth of discharge- Type of environment- Volume of discharge- Mass of pollutant rate of critical materials

- Aesthetics and the assessment of damageto- Mass of pollutant rate of critical materials

- Aesthetics and the assessment of damageto biota on the population basis.

Final authority in defining a zone of mixing restswith the GEPA.

(2) Shall not increase the temperature of thereceiving body of water to cause substantial damage orharm to the flora and fauna or interfere with thebeneficial uses assigned therein.

(3) Shall comply with all other water qualitycriteria as defined in these standards, unless specificcriteria are established in the discharge permit.



(4) These zones of mixing shall be monitored bythe discharger on a regular schedule established by theNPDES Permit and/or GEPA Discharge Permit, toensure compliance with established criteria.

(5) If the Agency, pursuant to notice andopportunity for public hearings, finds evidence that adischarge has caused substantial damage, it mayrequire conversion of such discharge to an approvedalternative method. In making such a determination,the Agency may consider:

(i) The nature and extent of damage to theenvironment.

(ii) Projected lifetime of discharge.

(iii) Adverse economic and environmentalimpacts, marine and terrestrial, resulting fromsuch conversion.

(iv) All available data, reports, surveys andprojects related to the discharge.

(v) Such other factors which may prove to beappropriate.

(2) Above-Ambient Discharges in Existence Priorto Approval of These Standards:

(i) Shall be given special attention whendefining a zone of mixing. All criteria establishedfor part D-1 above, shall apply with specialemphasis on specific criteria listed in D-1a.

(ii) Description of mixing zones forTanguisson and Piti/Cabras Power Plants:

(A) Tanguisson Power Plant Zone ofMixing. The zone of mixing for theTanguisson Power Plant is defined as arectangle of approximately 10,000 sq m withthe following reference points.

- Northern boundary - Northside of intake channel



- Southern boundary - 1969 ft (600m) south of intake channel

- Eastern boundary - Shoreline atmean high tide

- Western boundary - 591 ft (180m) off-shore to a depth beyond thereef margin of about one meterwhich is the top of the zone ofpassage.

(B) Piti/Cabras Zone of Mixing. Thezone of mixing for the Piti/Cabras PowerPlants combined is Piti Channel, from thepower plants to a distance 300 ft. (100 m) backfrom where the channel joins the harborproper and from there to a depth of about onemeter or 3.28 feet to a line from the GORCOPier and the Navy Fuel Pier on Dry DockIsland.

(3) Below-Ambient Discharges. All below-ambient discharges shall follow the same guidelinesset down for thermal discharges and be evaluated on acase-by-case basis.

(e) Prohibited Discharges.

(1) No person shall cause or permit:

(i) the discharge of any wastes or wastewatersregardless of volume, unless authorized by theAdministrator under §47106 of the WaterPollution Control Act or unless subject to controlor modification required by a schedule ofcompliance established by the GEPA Board ofDirectors;

(ii) the discharge of any pollutant in toxicamounts, including substances which mayaccumulate to toxic amounts during the expectedlife of organisms in the receiving water, which arelethal to, or which produce deleterious genetic,physiological or behavioral effects in theorganisms;



(iii) the discharge of any radiological,chemical or biological warfare agents orradioactive wastes and contaminated radioactivematerials from research and medical facilities.

(iv) Any discharge which would substantiallyimpair anchorage and navigation, including anydischarge which the Secretary of the Army, actingthrough the Corps of Engineers, finds wouldresult in this damage;

(v) Any discharge to which the Administratorof the United States Environmental ProtectionAgency has objected in writing pursuant to anyright to object provided by the Federal WaterPollution Control Act, as amended;

(vi) Any discharge which is in conflict with anapproved Territorial plan;

(vii) The discharge of sewage from vesselswhile moored, berthed, or docked, or underwayin waters of the Territory except through properlyfunctioning Coast Guard approved type II MarineSanitation Device; and

(viii) Any pollutant discharge into M-1, S-1 orG-1 waters as defined in Section I of theseStandards.

(ix) Any discharge of visible floating materialsincluding scum and foam.

(2) All vessels exceeding 400 gross tons which areberthed or docked in the waters of the Territory,without fully functional U.S. Coast Guard approvedoil pollution prevention devices (for longer than 72hours detention) must be completely encircled withflotation booms to contain any discharged oil. TheAdministrator may require any vessel, regardless ofgross tonnage, operating ability, oil pollutionprevention devices, duration of moorage of dockagetime, to be completely encircled with floating booms ifin his opinion such measures are necessary to controlpotential oil discharges into Territorial watersincluding, but not limited to, instances where



excessive oil is present on the vessel's deck or in thevessel's bilges; when major machinery repairs areundertaken; or when a vessel cannot close its scupperseffectively during bunkering operations.

(f) Land Disposal of Wastewater(s).

(1) Approval of land disposal of treated liquidwaste water requires that:

(i) wastewaters shall be restricted to thepremises of the disposal site.

(ii) provisions shall be made by the dischargerfor monitoring the quality of the effluent with theexception of single family dwelling units unlessthere are more than five (5) units connected to asingle system, or the Agency requires it afteridentifying a potential hazard;

(iii) all data an reports resulting from thegroundwater monitoring program shall besubmitted to the Agency;

(iv) land disposal shall not create a publichealth hazard, a nuisance condition or an airpollution problem;

(v) these standards cannot be applied towater/wastewater to be reused to produceproducts which may end up in the human foodchain, such as crops, animal feed or animalproducts. The Agency will consider such reuse ona case-by-case basis using available guidelines.

(2) The evaluation for a permit for land treatmentand/or disposal of wastewater(s) should include, butnot necessarily be limited to, consideration of thefollowing items:

(i) the type of wastewater(s) proposed fordisposal. (The wastewater(s) should bebiologically degradable but other wastewater(s)will be considered provided it can be shown thatdisposal of the wastewater(s) will not adversely



affect the designated use of the waters underlyingor adjacent to the disposal site.)

(ii) the nature of the earth material(s)underlying the disposal site. (The applicant mustprovide reasonable assurance that the earthmaterial(s) underlying the proposed disposal sitewill not allow direct rapid movement ofpollutants into underlying groundwaters.)

(iii) the vegetative cover of the disposal site.The selection of a vegetative cover should reflectthe disposal season(s), the duration and frequencyof disposal and the response of the vegetativecover to the wastewater. If the wastewater provesto be deleterious to vegetable cover, a higherdegree of treatment or another means of disposalwill be required.

(3) Improperly and/or inadequately treatedsewage shall not be allowed to accumulate on theground surface in such a manner that it may create ahealth hazard and/or a nuisance condition.

(4) It shall be a violation of these standards tostore, dispose of or allow to accumulate anydeleterious material adjacent to or in the immediatevicinity of any streams, rivers or marine waters in amanner that such material will directly or indirectlyenter such waters. Such material shall include, but notbe limited to sewage sludge, trash, rubbish, garbage,oil, gasoline, chemicals, sawdust, accumulations ofmanure and stockpiles of soil.

(5) In case of accidental spills of deleteriousmaterials, responsible persons in charge shallimmediately notify the Administrator of any suchspills and make every reasonable effort to containspilled material in such a manner that it will notpollute waters of the Territory.

(6) Wastewater discharged to disposal wells forunderground disposal shall receive, prior to discharge,treatment necessary to protect potable water resourcesand any adjacent marine waters or fresh surfacewaters. See Table III.



(g) Effluent Discharge Limitations forGroundwater Categories G-2 and G-3. Any waterpercolating to the groundwater table is in a state oftransition from being discharge to becoming part of auseable body of water. Because of the difficultyinvolved in tracing the source and eliminatingpollutants after they have reached the groundwatertable, limitations for discharges to G-2 and G-3 watersare established in Table III. This Table provides criteriafor some common water quality parameters. TheAgency will set limits for other parameters asnecessary on case-by-case basis.

The Agency will allow the application of G-3adischarge limitations to flows greater than 10,000gallons per day if it can be shown by an engineeringfeasibility study that there will be no significantadverse effect on the waters of the Territory.

The Agency also reserves the right to set morestringent standards than those shown in Table III ifthere is reason to believe that significantenvironmental damage will result from any discharge.Effluent limitations have not been set for G-1 watersbecause the Agency does not anticipate suchdischarges. However, should such discharges becontemplated into G-1 waters, they must be drinkingwater quality and meet drinking water standards.

(h) Petroleum Storage Facilities. any storagefacility containing petroleum products or hazardoussubstances not directly adjacent to navigable watersand below the SPCC capacity requirements of 600gallons shall be provided with secondary containmentto protect Guam‘s groundwater resources frompotential threat to oil or hazardous substancesdischarges. In case of spills, the Federal SpillPrevention Control counter measure requirementsshall be adhered to.

§5105. Definitions. The following definitions areused for the purpose of clarification where such terms,phrases and words are used or implied in the text ofthese Water Quality Standards.

(a) Administrator: Primary responsible person ofthe Guam Environmental Protection Agency.



(b) Adversely Affect: Damage to the waters of theTerritory of Guam that result in any of the following:

(1) Substantial increase in abundance ordistribution of any species or representative of thehighest community development achievable inreceiving waters of comparable quality.

(2) A substantial decrease of formerly indigenousspecies.

(3) Change(s) in community structure to resemblea simpler successional stage than is natural for thelocality and season in question.

(4) Unrealistic appearance, odor or taste of thewaters.

(5) Elimination of an established or potentialeconomic or recreational use of the waters.

(6) Reduction of the successful completion of lifecycles of indigenous species, including those ofmigratory species.

(7) Substantial reduction of communityheterogeneity or trophic structure.

(c) Agency: Guam Environmental ProtectionAgency (GEPA).

(d) Ambient: Existing conditions in surroundingwaters taking into account minor established humanactivity at that time and place (should approachnatural conditions that would be present without thepresence of human activities).

(e) Aquifer: A water-bearing stratum of permeablerock, sand or gravel.

(f) Basal Groundwater: Fresh groundwater floatingdirectly on sea water.

(g) Best Pollutant Removal or Control: A feasibleprocess which, as demonstrated by general use,demonstration process or pilot plants represents good



engineering practice at a reasonable cost at the time adischarge permit is issued by the Agency.

(h) Biota: The animal, plant and microbial life of aregion.

(i) Board: Board of Directors for the GuamEnvironmental Protection Agency.

(j) Boundary: A fine line as applied togroundwaters, but as applied to surface and marinewaters the line may shift due to storm conditions,tides, water current changes and surface winds.

(k) Coastal Waters: Includes near-shore, off-shoreand estuary waters within the jurisdiction of theTerritory of Guam.

(l) Coliform Bacteria:

(1) Total Coliform Bacteria: All of the aerobic andfacultative anaerobic gram- negative, non spore-forming, rod-shaped bacteria that ferment lactosebroth with gas formation within 48 hours at 35_C Å0.5_.

(2) Fecal Coliform: That portion of the coliformgroup which is present in the gut or the feces of warm-blooded animals. It generally includes organismscapable of producing gas from lactose broth in asuitable culture medium within 24 hours at 44_C +0.2_C. This elevated temperature will eliminatenonfecal and noncoliform organisms and selectivelyculture fecal coliform bacteria.

(m) Community: An association of livingorganisms in a given area or region in which thevarious species are more or less interdependent uponeach other.

(n) Conservation: Planned management of a naturalresource to prevent exploration, destruction or neglect.

(o) Direct Movement: The movement of effluentthrough the soil and under-lying rock strata in such amanner that pollutants which would adversely impact



on the designated uses of the receiving water are notremoved. They would be removed by strata thatprovided for a slower filtered passage.

(p) Discharge: The direct or indirect outflow ofwastewater, substance or material from any domestic,commercial, industrial, agricultural or any othersource into air, land and waters of the Territory ofGuam.

(q) Discharger: Any person or entity thatdischarges any wastewater, substance or material intothe waters of the Territory of Guam whether or notsuch substance causes pollution.

(r) Effluent: Any point source discharge directly orindirectly into waters of the territory or to any stormdrain, and the runoff from land used for thedisposition of solid wastes, wastewater, or sludge.

(s) Effluent Limitation: Any restriction orprohibition established under Territorial or FederalLaw including, but not limited to parameters for toxicand non-toxic discharges, standards of performancefor new sources, or ocean discharge criteria. Therestrictions or prohibitions shall specify quantities,rates and concentrations of chemical, physical,biological and other constituents which are dischargedto the waters of the Territory of Guam.

(t) Emergency Plan: The corrective procedure to befollowed in the case of oil or toxic substances spills, orin the case of damage caused by natural phenomena.

(u) Environmental Impact Statement: A writtendocument required by the National EnvironmentalPolicy Act (NEPA) for all projects on federal lands,using federal funds, or requiring federal permits toinsure that the policies and goals defined in the Actare infused into federal programs and actions. Thestatement shall provide a complete and fair discussionof significant environmental effects and reasonablealternatives to avoid or minimize adverse impact.

(v) Environmental Protection Plan: A writtendocument required by the Agency prior to the start of



construction in which the developer/contractordescribes the methods/ equipment selected for use inthe development, the environmental problemsexpected during and after development and themethods or equipment chosen to avoid, mitigate orcontrol adverse effect on the environment.

(w) Estuary: A region of interaction between near-shore waters and rivers within which tidal action andriver flow being about mixing of fresh and salt water.

(x) Fecal Coliform: See Coliform.

(y) FWPCAA: Federal Water Pollution ContractAct Amendments of 1972, as amended by the 1977Clean Water Act.

(z) Higher Degree of Treatment: Any physical,biological and/or chemical method directed atremoving a specified portion of the remainingpollutants after secondary treatment.

(aa) Hydrologic Cycle: That natural system dealingwith the properties, distribution, and circulation ofwater on the surface of the land, in the soil andunderlying rocks, and in the atmosphere.

(bb) Industrial Waste: Any discharge containinggaseous, dissolved or suspended material resultingfrom any process of industry, manufacturing, trade orbusiness or from the processing of any naturalresource, together with such sewage as may bepresent, which may pollute the waters of the territory.

(cc) Land Treatment: Any treatment of wastewaterwhich involves the use of plants, soil surface and thesoil matrix for wastewater treatment, includingirrigation systems, infiltration systems, overland flowsystems and other systems of wastewater treatmentvia land application.

(dd) Lethal Concentration-50 Percent (LC50): Thatconcentration of toxic substance in water which for agiven time period causes 50 percent of the exposedindividuals of an aquatic test organism to die.



(ee) Limited Body Contact: Any recreational or otheruse in which contact with the water is either incidentalor accidental and in which the probability of ingestingappreciable quantities of water is minimal.

(ff) Line of Mean High Water: The shoreline asindicated on the 1:24,000 Series (Topographic) Maps ofthe Island of Guam prepared by the U.S. GeologicalSurvey.

(gg) Marine Sanitation Device: Equipment orprocess for installation on vessel or water craft whichis designed to receive, retain, treat, or dischargesewage or other pollutants or any process to treat suchsewage, or other pollutants which has received U.S.Coast Guard approval.

(hh) Mixing Zone: The area or volume of a waterbody within which effluent(s) shall become physicallymixed with the receiving waters through initialdilution. Initial dilution is the process through whichthe wastewater immediately mixes with the receivingwater due to the momentum of the waste dischargeand the difference in density between the dischargeand receiving water. The total area or volume of waterdesignated as a mixing zone shall be limited to thatarea or volume which will not interfere with biologicalcommunities or populations of important species to adegree which is damaging to the ecosystem and whichwill not cause substantial damage to or impairment ofdesignated water uses within the mixing zone or insurrounding waters. A mixing zone shall beconsidered designated only when approved by theGuam Environmental Protection Agency and whenconcurrence of the U.S. EPA has been received.

(ii) Municipal Wastes: Water carrying human andanimal wastes from homes, buildings, industrialestablishments and other places either alone or incombination with industrial wastes.

(jj) Natural Conditions: The resulting water qualityin the absence of any measurable pollutional effectdue to human activities.

(kk) Near-Shore Waters: All coastal waters lyingwithin a defined reef area; all coastal waters of a depth



of less than ten fathoms (60 feet, 18.3 m); and allcoastal waters greater than 10 fathoms up to 1000 feet(305 m) offshore where there is no defined reef area.

(ll) New Source: Any wastewater sources, theconstruction of which is commenced on or after the1968 effective date of these standards.

(mm) NPDES Permit: National Pollutant DischargeElimination System (Permit). A federal permit used asthe principal regulatory tool for reducing the quantityof pollutant discharges to the waters of the territoryand for obtaining data on point source discharges.

(nn) Off-Shore Waters: All coastal waters beyondthe limits defined "near-shore waters" to the TerritorialLimit as recognized by International Law.

(oo) Out Fall: The conduit from its connection to awastewater treatment facility to its outlet throughdiffusers into off shore waters.

(pp) Oil Spill Prevention Devices: Shall mean anyU.S. Coast Guard approved device, such as anoil/water separator, a sludge tank (for oily deposits), astandard discharge connection or other equipment orapparatus required by the MAROL convention of1973/1978 for the prevention of oil pollution byvessels.

(qq) Other Wastes: Garbage, municipal refuse,sand, offal, oil tar, chemicals and all other substanceswhich may pollute the waters of the territory.

(rr) Parabasal Groundwater: Fresh groundwaterhydraulically connected with basal water but lyingdirectly on impermeable basement rock.

(ss) Passageway: A continuous stretch where watercharacteristics are affected only by the environment insuch a manner that the free flow or continuousdrifting of biota is always possible.

(tt) Permit: A permit issued pursuant to Section47106 of the Guam Water Pollution Control Act.



(uu) Person(s): Means any individual, firm,partnership, association or corporation, both publicand private, including the agencies of the governmentof Guam and of the United States of America.

(vv) Point Source: Any discernible, confined anddiscrete conveyance including, but not limited to, anypipe, ditch, channel, tunnel, conduit, well discretefissure, container, rolling stock, concentrated animalfeeding operation, or vessel or other floating craftfrom which pollutants are or may be discharged.

(ww) Pollutant: Any substance, refuse or watercapable of polluting the waters. See Pollution.

(xx) Pollution: Alteration of the physical, chemicalor biological properties of any waters of the Territorywhich adversely and unreasonably impairs the waterquality of the territory or which renders said watershazardous to human health or harmful or determinalto the aquatic and wildlife in or about the waters or tothe most beneficial uses of the waters.

(yy) Potable Water Resources: Waters of theTerritory actually used or intended to be used fordrinking water or general domestic use.

(zz) Receiving water(s): Water(s) of the Territoryinto which wastes or wastewaters are, or may be,discharged.

(aaa) Secondary Treatment: The following degree ofpollutant removal:

(1) Biochemical oxygen demand (five-day)

(A) The arithmetic mean of the values foreffluent samples collected in a period of 30consecutive days shall not exceed 30 mg/1.

(B) The arithmetic mean of the values foreffluent samples collected in a period of sevenconsecutive days shall not exceed 45 mg/1.

(C) The arithmetic mean of the values foreffluent samples collected in a period of 30



consecutive days shall not exceed 15 percent of thearithmetic mean of the values for influent samplescollected at approximately the same times duringthe same period (85 percent removal).

(2) Suspended Solids

(A) The arithmetic mean of the values foreffluent samples collected in a period of 30consecutive days shall not exceed 30 mg/1.

(B) Arithmetic mean of the values for effluentsamples collected in a period of seven consecutivedays shall not exceed 45 mg/1.

(C) The arithmetic mean of the values foreffluent samples collected in a period of 30consecutive days shall not exceed 15 percent of thearithmetic mean of the values for influent samplescollected approximately the same times during thesame period (85 percent removal).

(3) Fecal coliform bacteria.

(A) The arithmetic mean of the value foreffluent samples collected in a period of 30consecutive days shall not exceed 200 per 100 ml.

(B) The arithmetic mean of the values foreffluent samples collected in a period of sevenconsecutive days shall not exceed 400 per 100 ml.

(4) pH. The effluent values for pH shall remainwithin the limits of 6.0 to 9.0.

(bbb) Schedule of Compliance: A schedule ofcorrective measures and times including anenforceable sequence of actions or operations leadingto compliance with any control regulations or effluentlimitation.

(ccc) Sewage: The water-carried waste productsfrom the residences, public buildings, institutions orother buildings, including the excrementitious or otherdischarge from the bodies of human beings or



animals, together with such ground water infiltrationand surface water as may be present.

(ddd) Surface Waters: Any natural or artificialwater source including all streams, lakes, ponds,impounding reservoirs, inland watercourses andwaterways, springs, irrigation systems, drainagesystems and all other inland water bodies oraccumulated waters. For the purpose of thisregulation, the term does not include coastal waters orthose subject to the ebb and flow of tides.

(eee) Thermal Discharge: Discharge of water intothe environment which has temperature componenteither above or below the temperature of the receivingbody of water.

(fff) Toxic: Lethal, teratogenic or mutagenic, orotherwise damaging to man or other living organisms.

(ggg) Transition Zone: In basal water the interfacebetween the bottom of the freshwater lens and theunderlying saltwater. Salinity is low at the top of thetransition zone and increases to that of seawater at thebottom of the zone.

(hhh) Wastewater: Sewage, industrial waste, orother waste, excluding thermal discharge, or anycombination of these, whether treated or untreated,plus any admixed land runoff.

(iii) Water Quality Standards: The designated waterbody uses or classifications and the criteria to protectthose uses and classifications.

(jjj) Waters of the Territory: All waters within threemiles form the high waterline surrounding Guam,streams, lakes, wells, springs, irrigation systems,marshes, watercourses, waterways, drainage systemsand other bodies of water, surface and underground,natural or artificial, publicly or privately owned.

(kkk) Whole Body Contact: Any recreation or otheruse in which there is whole body contact with thewater involving a risk sufficient to pose a significant



health hazard either by contact with or ingestion of thewater.

(lll) Zone of Passage: Shall mean a continuous waterroute which joins segments of a river, stream,reservoir, estuary, or channel above, below, or arounda mixing zone without going through the mixing zone.As a minimum no less than one-third of the cross-section of the water body shall be retained incompliance with the water quality criteria in Section II.


APPENDIX A -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P.40

APPENDIX A

List of the 126* Priority Toxic Pollutant DesignatedUnder §307(a)(1) of the Clean Water Act.

AcenaphtheneAcenapthyleneAcroleinAcrylonitrileAldrineAntimonyAnthraceneArsenicAsbestos

1,2-Benzanthracene (PAH)BenzeneBenzidineBenzo (a) Pyrene (3,4 - Benzopyrene) (PAH)3,4-Benzofluoranthene (PAH)Benzo (A) Fluoranthene (PAH)1,12-Benzoperylene (PAH)BerylliumBromoform (Tribromonethane)Bromomethane (Methyl Bromide)4-Bromophenyl Phenyl EtherCadiumCarbon Tetrachloride (Tetrachloromethane)ChlordaneChlorobenzene (Monochloro- Benzene)Chlorodibromomethane (Halo- methane)Chloroethane (Monochloro- ethane)Chloroethyl Ether (Bis-2)1 Chloroethoxy Methane (Bis- 2)2 ChloroethylVnyl Ether4-Chloro-e-MethylphenolChloromethane (Methyl Chlo- ride)Chloroform (Trichloromethane)2-ChlorophenolChloroisopropyl Ether (Bis-2)2-Chloronaphthalene4-Chlorophenylphenyl EtherChromium (HEX)Chrominum (TRI)Chrysene (PAH)Copper


APPENDIX A -


Cyanide4,4,-DDT4,4,-DDE4,4-DDDDibenzo (a,h) Anthracene (PAH)1,2 Dichlorobenzene1,3 Dichlorobenzene1,4 Dichlorobenzene3,3 DichlorobenzidineDichloroethane 1,1Dichloroethane 1,21,1 Dichloroethylene1,2-Trans-DichloroethyleneDichlorobromomethane

(Halomethanes)Dichloromethane (Halome- thanes)2, 4-DichlorophenolDichloropropene 1,3DieldrinDimethylphenol 2,4Diethyl phthalateDimethyl phthalateDinitrotoluene 2,4Dinitrotoluene 2,62,4-DinitrophenolDioxin (2,3,7,8-TCDD)Diphenylhydrazine 1,2Alpha EndosulfanBeta EndosulfanEndosulfan SulfateEndrinEndrin AldehydeEthylbenzeneFluorene (PAH)FlurorantheneHelptachlorHeptachlor EpoxideHexachloroethaneHexachlorobenzeneHexachlorobutadieneHexachlorocyclohexane (lindane)Hexachlorocyclohexane (Alpha)Hexachlorocyclohexane (Beta)Hexachlorocyclohexane (Delta)Hexachlorocyclopentadiene2-Nitrosodimethylamine NNitrosodiphenylamine-NNitrosodi-n-Propylamine-NPCB 1242PCB 1254PCB 1221


APPENDIX A -


PCB 1232PCB 1248PCB 1260PCB 1016PhenolPentachlorophenolPhenanthrene (PAH**)Bis (2-Ehyl Hexyl)PhthalateButyl Benzyl PhthalateIdeno (1,2,30cd) Pyrene (PAH)IsophoroneLeadMericuryNaphthaleneNickelNitrobenzeneDi-n-Butyl PhthalateDi-n-Octyl-PhthalatePyrene (PAH)SeleiumSilverTetrachloroethane 1,1,2,2TetrachloroethyleneThalliumTolueneToxaphene1,2,3 TrichlorobenzeneTrichloroethane 1,1,1Tricholoroethane 1,1,2TrichloroethyleneTrichlorophenol 2,4,6Vinyl Chloride ChloroethyleneZinc

APPENDIX B -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX B -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX G -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX G -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX H -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX H -

CH. 5 - WATER QUALITY STANDARDS - 1997 - P. 42 APPENDIX I -



APPENDIX B

WETLAND

The National Wetlands Inventory (NWI) map published by the UnitedStates Fish & Wildlife Service (FWS), is the official, interim wetland map

adopted for Guam pursuant to Executive Order 90-13, entitled “Protectionof Wetlands“, dated June 12, 1990. See Appendix D.

The Classification of Wetlands and Deepwater Habitats was developed byCowardin et al in 1979 for the United States Fish & Wildlife Service. The

interim map is used by the Territory of Guam for classification, inventory,and mapping wetlands.

1.The hierarchy of the Wetland Classification is shown in Figures I & IA.

2.The following are definitions of wetland classifications.

(a)Lacustrine wetlands include wetlands and deepwater habitats with all ofthe following characteristics:

(1)situated in a topographic depression or dammed river channel;

(2)lacking persistent emergents, trees, or shrubs with greater than 30% arealcoverage; and

(3)total area exceeding 8 hectares (20 acres)

Lacustrine System if an active wave formed or bedrock shoreline featuremakes up all or part of the boundary, or if the water depth in the deepest

part of the basin exceeds two meters (6.6) at low water.

(b)Palustrine Wetlands include all nontidal fresh and saline wetlandsdominated by trees, shrubs, emergents, shallows (aquatic beds, mudflats,

and open water areas), and all such wetlands that occur in tidal areaswhere salinity due to ocean derived salts are < 0.5%.

(1)Basin Wetlands are associated with geomorphic depressions and drainageareas that are not associated with streams or lakes. They experience vertical

water level fluctuations which may result from seasonal rains. Theytypically lack permanent, surface water outlets.

(2)Riparian Wetlands are located in zones that are at least periodicallyinfluenced by flooding and area adjacent to a flowing body of water that,

wetlands of the riparian zone are unique because they are generallyhydrologically open to seasonal or periodic flooding. (Mitsch and Gosselink


1986). The water flow is often parallel to the forest and the main hydrologicforcing functions are floods or seasonal rains. (Lugo et al. 1988)

(c) Riverine Wetlands include all non-persistentemergency wetlands on the river floodplains andshallows contained within a channel (aquatic bedsand mudflats). The riverine system is bounded onthe landward side by Palustrine or upland systemsand on the channel side by deepwater environment(>6.6 feet in depth). The riverine system terminateswith exceedence of ocean derived downstream saltsof >0.5% or where the channel enters a lack orpalustrine wetland.

(1) Shallows area areas of shallow open water (to6.6 feet deep) dominated by submerged orfloating leaved aquatic beds and/or the zonebetween low and high water that includes bothsand flats and other mudflats. According to theCowardin Classification system, this includes thataquatic beds and unconsolidated shore, as well asopen water areas that are not part of the lacustrinesystem (Frayer et al. 1983)

(1a) Aquatic beds are wetlands and deepwaterhabitats dominated bymacrophytic plants thatgrow principally on or below the surface of thewater for most of the growing season in mostyears.

(1b) Mudflats are unconsolidated shoresincluding all wetland habitats with (1)unconsolidated substrates (predominantly silt,sand, and clay with less than 75% areal cover ofstones, boulders, or bedrock; (2) less than 30%areal cover of vegetation other than pioneeringplants; and (3) any of the following waterregimess: irregularly flooded, seasonallyflooded, temporarily flooded, intermittentlyflooded, saturated, or artificially flooded.

(1c) Other Open Water Areas include small (0-30acres, shallow (0-6.6 feet) saline or fresh naturalsurface depressions that act as precipitationcatchment basins, but are often ephermal,because of high evapotranspiration rates. Theseareas are not densely vegetated (have less than30% vegetation) and include the colloquial


classes of prairie potholes, plays lakes, andponds that re open water with little vegetation.

(2) Non-persistent emergent wetlands aredominated by plants that fall to the surface of thesubstrate or below the surface of the water at theend of the growing season so that, at certainseasons of the year, there is no obvious sign ofemergent vegetation.

(3) Emergent wetlands are characterized byerect,vascular, rooted, herbaceious hydrophytes. Theprimary emergent sub-classes could either besaturated and flooded or broadleaved andnarrowleaved.

(3a) Saturated - includes the erect, vascular,rooted herbaceous hydrophytes growingtemporarily, seasonally, semi-permanently andpermanently flooded soil conditions as definedby Cowardin et al. 1979.

(3b) Flooded - includes the erect, vascular, rooted,herbaceous hydrophytes growing temporarily,s e a s o n a l l y , s e m i - p e r m a n e n t l y , a n dpermanently flooded soil conditions as definedby Cowardin et al. 1979.

(3c) Broadleaved - dominated by emergentherbaceious plant species which occur in wetterwetlands with more organic soils.

(3d) Narrowleaved - dominated bygrassyvegetation (e.g., Carex, Scirpus) on wet soilsand is usually distinguished from broadleavedemergents by having less saturation and shorterherbage.

(4) SS/ZX is a mixed community of primarilydeciduous shrubs and emergents. The firstcommunity in the mixed forder denotes the higherlife form.

(5) Scrub/shrub wetlands are dominated bywoody vegetation less than 6 meters (20 feet) tall.Species include true shrubs, young trees, and trees


and shrubs with stunted growth because ofenvironmental conditions.

(5a) Evergreen - A shrub community whereevergreen shrubs represent more than 50% oftotal areal coverage of the shrub, tree, or herbvegetation.

(5b) Deciduous - A shrub community wheredeciduous shrubs represent more than 50% oftotal areal coverage of the shrub, tree, or herbvegetation.

(6) Forested wetlands are characterized by woodyvegetation 6 m. tall or taller. The primary forestdivisions of interest include evergreen anddeciduous communities.

(6a) Evergreen - A forest community whereevergreen trees represent more than 50% oftotal areal coverage of the shrub, tree, or herbvegetation.

(6b) Deciduous - A forest community wheredeciduous trees represent more than 50% of thetotal areal coverage of the shrub, tree, or herbvegetation.

3. Criteria for Wetland Identification:

The latest version of the Federal Manual forIdentificating and Delineating Jurisdictional Wetlands,adopted by the United States Fish & Wildlife Service,the United State Environmental Protection Agency, andthe U.S.D.A. Soils Conservation Services is adopted byreference by these standards. This manual describestechnical criteria, field indicators and other sources ofinformation, and methods for identification anddelineation of jurisdictional wetlands. This manual shallserve as the technical basis for identifying anddelineating jurisdictional wetlands in Guam.

4. Anti-degradation Policy.

(a) Existing instream water uses shall bemaintained and protected. No further water qualitydegradation which would interfered with or becomeinjurious to existing designated uses is allowable.


(b) Waters in which existing water quality is betterthan the criteria prescribed in these rules andexceeds those levels necessary to supportpropagation of fish, shellfish and wildlife andrecreation in and on the water shall be maintainedand protected. However, the Administrator ofGuam Environmental Protection Agency mayapprove to lower the water quality in wetlands,after compliance with public notice and participation, and intergovernmental coordinationrequirements listed at 40 CFR Part 25 and Part 29,and after due consideration of such technical,economic, social and other criteria as provided bySections 301, and 302 of the Act. Degradation ofwater quality shall not interfered with or becomeinjurious to existing or planned uses, and theAdministrator shall require that the most stringentstatutory and regulatory controls for wastetreatment be employed by all new and existingpoint sources, and that feasible management orregulatory program pursuant to Section 208 and 30of the Act, 33 U.S.C. Section 1298 and 1313, beapplied to non- point sources.

(c) Guam Resource waters are surface waters of theTerritory lying within the territorial park system,wetlands, and wildlife refuges, areas, and preserves,and also include wild, scenic and recreational rivers,publicly owned lakes and reservoirs and waters ofexceptional recreational or ecological significance(e.g., waters which provide a habitat for identifiedthreatened or endangered species) as determined bythe Administrator of GEPA. All other dischargeconstituents shall be limited to the criteria associatedwith each designated water use. Areas that do notmeet general water quality standards in these wateruse classification shall not be further degraded.

(d) Wetland Evaluation. Wetland evaluationsshould include a plant and wildlife inventory andan evaluation of the wetland functions. High qualitywetlands include, but are not limited to, those whichprovide habitat for threatened or endangeredspecies and/or wetlands which are locally orregionally scarce or threatened.


FIGURE I and IA

WETLANDS AND DEEPWATER HABITATS

(These can be obtained from GEPA)


APPENDIX C

CREATED WETLAND GUIDELINES

This guidance encourages the expansion of theTerritory's Wetland Resource through the creation andrestoration of wetlands using municipal wastewater,while also allowing the use of natural wetlands fortreatment if specific requirements are met.

If the wetland is created as part of the treatmentprocess, the minimum requirements on the degree ofpretreatment shall include secondary treatment, andapplicable water quality standards must be met forwater bodies that receive the effluent from thewetland treatment system. If the wetland currentlyexist, the following requirement apply:

1. Minimum of secondary treatment prior todischarge to the wetland.

2. Advanced treatment prior to discharge to thewetland if necessary to meet Guam Water QualityStandards applicable to the wetland.

3. Discharge to the wetland free of toxiccontaminants at levels that would impair beneficialuses; e.g., chlorine.

4. Monitoring in the wetland to detect accumulationof toxic contaminants and changes to the plant/animalcommunities.

5. Section 402 NPDES permit.

6. Section 404 permit if alterations of the wetland arerequired at part of construction.

7. Review on a case-by-case basis.


Reference: Appendix D of document entitled "Reporton the Use of Wetlands for Municipal WastewaterTreatment and Disposal, dated October 1987, EPA430/09-88-005, prepared by U.S.E.P.A., Office ofWater, Office of Municipal Pollution Control (WH-546) with September 1988 Guidance to supplement theOctober 1987 Burdick Report.


APPENDIX D

EXECUTIVE ORDER NO. 90-13

PROTECTION OF WETLANDS

WHEREAS, Executive Order 78-21 directed theTerritorial Land Use Commission to officiallydesignate wetland areas on Guam; and

WHEREAS, Government agencies have beenutilizing three separate maps to identify wetland areasdue to the lack of an officially adopted map; and

WHEREAS, wetlands are areas of particularconcern that provide an essential habitat formaintenance of native plant and animal life, preventsoil erosion and stormwave damage, and valuablelocations for scientific and educational investigations,and act as floodplains during periods of excessivewater flow and a source of fresh water for domesticand agricultural purposes; and

WHEREAS, the rapid pace of developmentcurrently experienced on Guam has placed greaterpressure on this valuable resource; and

WHEREAS, the management of this resourcecannot begin until landowners, developers and theGovernment of Guam utilize a consistent source ofwetland information.

NOW, THEREFORE, I, JOSEPH F. ADA,Governor of the Territory of Guam, pursuant to theauthority vested in me by the Organic Act of Guam,do hereby declare that:

1. The official, interim wetland map for Guamshall be the National Wetlands Inventory mappublished by the United States Fish and WildlifeService.


2. All government of Guam agencies shallutilize this map in the review of physicaldevelopment projects.

3. The appropriate land use agencies includingthe Guam Environmental Protection Agency, theDepartment of Agriculture, and the Bureau ofPlanning shall complete a study of wetlands;prepare public information material; and draft allnecessary legislation, rules and regulations,and/or executive orders for processing throughthe appropriate channels.

4. The Executive Order shall remain in effectuntil the results of such study recommended legalframework are approved as required byapplicable law.

5. Executive Order 78-21 is repealed in itsentirety.

Signed and promulgated this 12th day of June,1990.

/s/ Joseph F. AdaJOSEPH F. ADA

Governor of GuamCOUNTERSIGNED:/s/ Frank F. Blas

FRANK F. BLASLieutenant Governor of Guam


APPENDIX E

EXECUTIVE ORDER NO. 90-09

ESTABLISHING THE DEVELOPMENT

REVIEW COMMITTEE

WHEREAS, Guam's unprecedented economic anddevelopment activity provides the Territory of Guamwith many opportunities of an extremely positivenature, but also poses a significant risk to ourenvironment, our culture, and the very quality of lifethat has made Guam such a wonderful place to liveand visit; and

WHEREAS, it is increasingly vital that TerritorialLand Use Commission/Territorial Seashore ProtectionCommission exercise care and caution in the conductof its activities and that all the laws and regulationsgoverning land and water use in this Territory arefollowed to the letter; and

WHEREAS, the concerns of other governmentalbodies that are tasked with review of these projectsmust be taken into serious consideration by theTerritorial Land Use Commission/Territorial SeashoreProtection Commission when a decision is to be madewith respect to the approval of projects; and

WHEREAS, there is a need for an effectiveintergovernmental mechanism for review and analysisof various development activities brought before theTerritorial Land Use Commission/Territorial SeashoreProtection Commission; and

WHEREAS, it is desirable that such review becoordinated through a committee composed ofvarious representatives of government agenciesinvolved in land and water use related activities.


NOW, THEREFORE, I, JOSEPH F. ADA,Governor of the Territory of Guam, by virtue of theauthority vested in me by the Organic Act of Guam, asamended, do hereby order that:

1. The Development Review Committee iscreated with the following duties andresponsibilities:

A. Developing and providing officialposition statements by GovGuam agencies onapplications submitted under the Zoning andSubdivision Laws, the Territorial SeashoreProtection Act and other such laws as may beenacted by the Legislature.

B. Advising applicants of the proceduresand requirements for submitting applications.

C. Advising applicants on alternatives toensure that proposed projects comply withapplicable law.

D. Promoting and assuring the complianceof development with all appropriategovernmental policies and plans.

E. To establish such rules and regulations asnecessary to effectively carry out those dutiesand responsibilities as outlined above.

2. The Committee shall be composed ofrepresentatives appointed by the respectiveagency directors from the following agencies ordepartments:

A. Planning Division, Department of LandManagement, the Territorial Planner of whichshall be the Chairperson.

B. Building Permit Section, Department ofPublic Works.

C. Department of Pubic Works (other thanBuilding Permits Section).

D. Guam Environmental Protection Agency.

E. Department of Parks and Recreation.


F. Public Utility Agency of Guam.

G. Bureau of Planning.

H. Chamorro Language Commission.

I. Department of Agriculture.

J. Department of Commerce.

3. The Attorney General's Office shall provideassistance as deemed necessary.

4. Executive Order No. 78-2 and 85-10 arerepealed in its entirety.

5. No project application shall be forwarded tothe Territorial Land Use Commission/TerritorialSeashore Protection Commission until such timeas the Development Review Committee has hadfull opportunity to review the project to thesatisfaction of constituent members. If, however,the committee review process exceeds three (3)months in duration, the Committee will justify itsextended review in writing, explaining thereasons why the review will continue.

6. Should the TLUC/TSPC disagree withrecommendations made by the DevelopmentReview Committee and contemplate actioncontrary to recommended action, then theTLUC/TSPC shall take no action on the proposedproject immediately and shall instead providejustification for its disagreement, in writing, to theDevelopment Review Committee. The Committeeshall have two (2) weeks to respond, after whichthe TLUC/TSPC may take action on the proposal.

Signed and promulgated at Agana, Guam, this25th day of May, 1990.

/s/ Joseph F. AdaJOSEPH F. ADA

Governor ofGuamCOUNTERSIGNED:


/s/ Frank F. BlasFRANK F. BLASLieutenant Governor of Guam


APPENDIX F

GUIDELINES FOR THE REVIEW ANDISSUANCE OF 401 WATER QUALITYCERTIFICATION PURSUANT TO SECTION 401OF THE FEDERAL CLEAN WATER ACT TOALL WATERS OF THE TERRITORY OF GUAMINCLUDING WETLANDS AND SPECIALAQUATIC SITES.

I. Primary Goal of the Water Quality Certification:

(a) to protect the Territory's waters and special aquaticwetlands from chemical, physical, and biologicalimpacts and other types of alterations.

(b) Guam 401 Certification covers any activityincluding, but not limited to the construction oroperation of facilities which may result in anydischarges.

II. 401 WATER QUALITY CERTIFICATION:

As a requirement of Section 401, Water QualityCertification (WQC) the Clean Water Act of 1977 (PublicLaw 95-217), "Any applicant for a Federal license orpermit to conduct any activity including, but not limitedto, the construction or operation of facilities, which mayresult in any discharge into the navigable water, shallprovide the licensing or permitting agency acertification from the State or Territory, in which thedischarge originates or will originate, or if appropriate,that any such discharge will comply with the applicableprovisions of sections 301, 302, 303, 304, 306 307, 318and 405, of this Act". Of concern here are theconstruction activities and as one of statements requiredin the certification is a statement that there is reasonableassurance that the activity will be conducted in amanner which will not violate applicable water qualitystandards (WQS).


A. The goals are to restore and maintain abiological integrity of the territory's waters and toeliminate all discharges of pollutants (includingdredged and fill materials).

1. The following is required to accompany anapplication for 401 Water Quality Certificationfor the Agency to start the review process.

a) A historical overview and ecologicalevaluation of the site (including biotainventory and existing bioaccumulationstudies);

A brief review of historical data from thearea is necessary to properly evaluate aproject. This review should address thefollowing known or suspected pollutantsources and types of potential sedimentcontaminants, previous dredging activities,previous disposal methods and locations,quantity and quality of these materials andany benefits or problems associated withthese activities.

An ecological evaluation should include areview of existing inventories describing thearea biota to determine local populations andif endangered species are present.Conditions that support their well-beingshould be noted. The applicable beneficialuse designation should be determined.(Waterbodies which are territorial resourcewaters are considered high quality). Reviewexisting bioaccumulation studies todetermine if any problems exist with theuptake of heavy metals or organics.

b) A sediment physical characterization (topredic t contaminant leve ls ) ; andCharacterization of the sediment particle sizeand composition is important in assessingpotential contaminant levels. Sand andcoarse-grained inorganic sediments (greaterthan 0.24 mm) rarely are contaminated.Conversely, fine organic sediments (less than0.24 mm) generally retain the highest levelsof contaminants. This information is helpfulin determining the need for chemical


analyses of the sediment. Generally,sediment-physical characterization isconducted when in-water disposal isproposed or contamination of sediment issuspected based on the results f theHistorical and Ecological Evaluation.

c) A sediment analysis.

i) Sediment Chemical Analyses. Chemicalcharacterization of the sediment can bedone in two ways. The bulk analysesdetermines the total levels of sedimentparameters on a dry- weight basis.Suggested parameters and are listed below.In both cases, the parameter list should bemodified as necessary to address site-specific concerns. If the historic overviewindicates the potential presence oforganics, then sediment samples must beanalyzed for these compounds. Aparameter list should be prepared on asite-specific basis, using the Guam EPAPriority Pollutants list and the Guam WaterQuality Standards as guidance.


ii) Bulk Sediment Analysis

Parameters (dry weight)Ammonia (NH3 -N)Nickel (N1)Arsenic (As) Oil & GreaseCadmium (Cd) Phosphorus (P,

Total)Chromium (Cr) Total Kjeldahl NitrogenChemical Oxygen DemandCopper (Cu) Volatile Solids (%)Iron (Fe) Total organic carbonZine (Zn) Cyanide, Total

Phenolics, Total Mercury (Mg)

iii) Elutriate AnalysisParametersAmmonia (NH3-N) Nickel (Nl)

Arsenic (As) O i l a n dGrease

Cadmium (Cd)Phosphorus (P, Total)

Chromium (Cr) Iron (Fe)Copper (Cu) M e r c u r y

(Hg)Zinc (Zn) Phenolics,

TotalCyanide, Total

iv) Sediment Bioassay An importantconsideration in evaluating a dredging ordisposal activity is the impact on theaquatic organisms. Two basic types of testscan be used to evaluate this impact: Algalbioassays, which measure acute or chroniceffects. Methods and test organisms varyand it is recommended that the bioassaysbe coordinated with the U.S. EPA, RegionIX, the local Department of Agricultureand the U.S. Fish & Wildlife Service.

If sediment contamination levels warrant,upland disposal projects, specify conditionsto minimize the adverse impacts fromupland site runoff and discharge of decantwater.

2. No certification may be issued by theAgency unless the applicant hasdemonstration of that activitiespermitted by Section 404 of the


Federal Clean Water Act of 1987 willnot:

a) prevent or interfere with theattainment or maintenance ofapplicable water quality standards;

b) result in a violation of anyapplicable Guam Water QualityStandard; additionally, the Agencym a y d e n y a r e q u e s tnotwithstanding the applicant'sdemonstration of the above if itconcludes that the activity "willresult in adverse long or short termimpacts on water quality."

3. Restrictions on Discharges toTerritory's Waters.

a) The discharge of dredged or fill isprohibited (i.e. no permit will beissued) if there is a less-damagingpracticable alternative. Thisrestriction is interpreted as:"avoiding fill in waters of theterritory whenever possible,regardless of the availability ofmitigation". Mitigation should notbe used to justify unnecessary fills.

b) Furthermore, if a project is notwater- dependent and thedischarge associated with theproject is proposed in "specialaquatic site" (specifically: wetlands,mudflats, sanctuaries and refuges,vegetated shallows, coral reefs, orriffle and pool complexes), theproject applicant must prove thatthere is no less-damagingpracticable alternative available toachieve the overall project purposesi r r e g a r d l e s s o f e c o n o m i cconsiderations.


The "water dependency test"should be interpreted as follows:The project's purpose is dependentupon fill in a special aquatic site(i.e. do restaurants, by definition,require fill in wetlands to berestaurants?)

c) Prohibit the discharge of dredgedor fill m a t e r i a linto waters of the Territory if it:

(i) Causes or contributes toviolations of any applicableGuam Water Quality Standard,

(ii) Violates any applicable toxiceffluent standard,

(iii) Jeopardizes the continuedexistence of any federally-l i s t e d t h r e a t e n e d o rendangered species, or

(iv) Violates any federal marinesanctuary requirement.

d) Prohibit the discharge of dredgedor fill material into waters of theTerritory if it:

(i) Causes or contributes tosignificant degradation of thewaters of the Territoryincluding but not limited to:

(a) Municipal water supplies,(b) Plankton, (c) Fish. (d)Shellfish, (e) Wildlife, (f)Special aquatic sites, or (g)Recreation.

(e)Prohibit the discharge of dredgedor fill material into waters of theTerritory unless appropriate andpracticable steps have been takenwhich will minimize potential


adverse impacts of the discharge onthe aquatic ecosystem (i.e.mitigation requirements);

(f) Require a finding of non-compliance for (and thereforeprohibit) the discharge of dredgedor fill material if there is insufficientinformation upon which to base adetermination that the dischargewill comply with the Guidelines.

(g)If the project is not waterdependent, the certificationwill be denied.

(h) If the project is water dependent,the certification will be denied ifthere is a viable alternative (e.g.,available upland nearby is viablealternative).

(i) If no viable alternatives exist andimpacts to wetland cannot be madeacceptable through conditions oncertification (e.g., fish movementcriteria, creation of floodways toby-pass oxbows, flow throughcriteria), the certification will bedenied.

(j) If the project would interfere withexisting uses and the project is notwater dependent the certification willbe denied.

4. Dam construction review for 401Water Quality Certification.

(a) Appl icant must pro v id einvestigations performed forwetlands lost as a result of theconstruction of the project.Mitigative creation of newwetlands should be located onnewly created headwater areas.


(b) Assure adequate filtration of run-off prior to its entry into thereservoir.

(c) Replace the aquatic resourcebeing lost on an acre for acrebasis.

(d) Applicant to provide a WatershedManagement Plan to minimizepollution loadings into thereservoir. This plan must beapproved by the Agency prior tooperation of the new dam facility.Any pollutant loading certifiedduring field surveys shall beeliminated or minimized to theextent possible given availabletechnology.


5. Mitigation Policy Statements

A. GEPA will actively promote and supportmitigation for all projects subject to Section404 of the Clean Water Act in accordancewith the 404(b)(1) Guidelines (40 CFR230.10). Specifically,

1. GEPA will consider mitigation in thefollowing sequence:

a. GEPA will actively promote projectalternatives which avoid all adverseenvironmental impacts associatedwith the proposed action, consistentwith 40 CFR 230.10(a). For proposeddischarges of dredged or fill materialfor non-water dependent activities inspecial aquatic sites, the burden ofproof shall be on the applicant todemonstrate that practicable, lesse n v i r o n m e n t a l l y d a m a g i n galternatives are not availablei r r e g a r d l e s s o f e c o n o m i cconsiderations. For all other proposeddischarges, GEPA will requireinformation demonstrating that theproposed action is the only availablepracticable alternative. In the absenceof such demonstration, GEPA willd e n y a p p r o v a l o r r e q u i r emodification of the 404 permit. Inevaluating an analysis of practicablealternatives, proposed habit atcompensation will not be consideredin determining which of thealternatives examined is the leastenvironmentally damaging.

b. GEPA will actively promotealternatives which reduce orminimize adverse environmentali m p a c t s . T h i s w i l l i n c l u d erequirements to reduce the amountand extent of fill (or dredging), and tomodify the timing of construction.


c. For projects which have beenconclusively demonstrated to have nopracticable alternative, EPA willconsider compensation by in-kindaquatic habitat replacement in closeproximity to the project site.

2. GEPA will promote and support pre-application conferences and fieldinspections to develop acceptablemitigation proposals, including theexploration of reasonable alternativeswhich avoid or minimize adverseenvironmental impacts on the aquaticecosystem.

3. GEPA will coordinate mitigationactivities with the U.S. Fish & WildlifeService, the Corps of Engineers, theUnited States Environmental ProtectionAgency, and other appropriate federaland territorial agencies in order tomaximize concerns and avoidduplication of effort.

4. GEPA will seek the inclusion ofmitigation as an integral part of projectssubject to Section 404 permit authority,and will deny approval for any projectwhich does not include an acceptablemitigation plan. GEPA will denyapproval of 404 permits unless it is clearthat the permitting authority can revokeor suspend the permit for failure toimplement the approved mitigation,and unless the permit conditionsinvolving mitigation are enforceable byGEPA.

5. GEPA will require monitoring for allmitigative actions involving habitatcreation, enhancement or restoration.The period of monitoring will bedetermined on a case-by-case basis, inconsultation with appropriate states andfederal resource agencies, and will be ofsufficient length to adequately assessproject success.


6. GEPA will require pilot studies for anymitigative action which has not beenscientifically demonstrated to besuccessful, or about which there issignificant resource agency uncertainty.The pilot studies must be completed,before USEPA, Region IX will agree tothe proposed discharge.

7. GEPA will consider mitigation bankingonly in those instances where such anapproach will result in resource gainswhich are demonstrably superior tothose expected using case-by-casemitigation.

8. Where feasible, GEPA will promote thefee title transfer of mitigation sites to thelocal resource agency with managementresponsibility for the created orpreserved aquatic habitat.

9. Preservation of existing aquaticresources, in the absence of anyenhancement of those resources, will notbe considered mitigation, as such apolicy would sanction an irretrievablenet loss of aquatic resources.

B. APPLICABLE LAWS, STATUES ANDREGULATIONS

1. Public Law 92-500, Federal WaterPollution Control Act (FWPCA) of 1972.

2. Public Law 95-217, Clean Water Act(CWA) of 1977 (Note: Some changes areamendments to the FWPCA and someare independent provisions.)

3. Title 10, Chapter 47, Guam Codeannotated (GCA), Water PollutionControl Act, as amended by Public Law17-87.

4. Guam Water Quality Standards.


5. Federal Nationwide 401 Permits areinapplicable in Guam.

C. 401 WATER QUALITY CERTIFICATION(WQC) AUTHORITY. The Administratorof the Guam Environmental ProtectionAgency as the designated issuing authorityfor 401 WQC.

D. APPLICABILITY

A Territorial Water Quality Certificationpursuant to Section 401 of the Clean WaterAct is required by any applicant for aFederal license or permit to conduct anactivity in the territorial waters that wouldinclude, but not limited to, the constructionand operation of facilities that may resultin any discharge, as defined in Sections502(6), 502(12), 502(16) of the Clean WaterAct.

The following more common Federalpermits require a 401 WQC prior toissuance: (it is recommended that theapplicant check with the issuing andpermit Federal agency).

1. Section 404 Permit of the Clean WaterAct of 1977. Section 301 of this Actprohibits the discharge of dredged or fillmaterial into waters of the United Stateswithout a permit from the U.S. ArmyCorps of Engineers (ACOE). Dischargerefers to the fill (placement) constructionactivities. Dredging or fill material inthis case are heterogeneous in nature.Issuing authority is the ACOE.

2. Section 402 Permit of the Clean WaterAct of 1977. Also, prohibits thedischarge of dredged or fill materialwithout a permit from the U.S.Environmental Protections Agency(EPA). Dredge or fill material in thiscase are homogeneous in nature. Issuingauthority in the authority is the U.S.EPA.


3. Section 9 Permit of the Rivers andHarbors Act of 1989. Section 9 prohibitsthe construction of bridges or damsacross navigable waters of the UntiedStates without congressional consentand U.S. ACOE.

4. Section 102 Permit of the MarineProtection, Research and SanctuariesAct (MPRSA) of 1972, as amended.MPRSA controls the ocean dumping ofmaterial. Section 102 permits apply tothe transport and disposal of non-dredged material. Issuing authority isthe U.S. EPA.

5. Section 103 Permit of the MPRSA of1972, as amended. Section 103 permitsapply to the transport and disposal ofdredged material. Issuing authority isthe U.S. ACOE.

6. Discretionary authority of theAdministrator as to applicability to anyFederal activity not conforming toSection 404(r) of the Clean Water Act of1977, which applies to Federalexemption (e.g., Civil Works Project).Issuing authority none becauseCongress authorizes the Federal projectand the responsible Federal agencywould not issue a permit to itself.

E. APPLICATION REQUIREMENTS.Application should be filed at least 180days prior to the needed date of the 401WQC.

There is no filing fee for the 401 WQC.

An applicant for 401 WQC shall submitto the Administrator a completedescription of the discharge involved in theactivity for which certification is sought,with a request for certification signed bythe applicant. Each application shallinclude the following:


1. A description of the facility or acclivity,and of any discharge into territory'swaters which may result from theconduct of any activity including, butnot limited to, the construction oroperation of the facility, including thebiological, chemical, thermal, and othercharacteristics of the discharge, and thelocation or locations at which suchdischarge may enter territory's waters.

2. A description of the function andoperation of equipment or facilities totreat wastes or other effluents whichmay be discharged, includingspecification of the degree of treatmentexpected to be attained.

3. The date or dates on which the activitywill begin and end, if known, and thedate or dates on which the dischargewill take place.

4. A description of the methods and meansbeing used or proposed to monitor thewater quality and characteristics of thedischarge and the operation ofequipment or facilities employed in thetreatment or control of wastes or othereffluents.

5. Describe the recreational uses of theterritory water at the discharge and statewhether the basic water quality criteriaand the applicable Guam water qualitystandards will be met.

6. Submit plans, specifications and copiesor citation of an Environmental ImpactAssessment or Environmental ImpactStatement as it may apply.

7. Submit historical overview andecological evaluation of the site(including biota inventory and existingbioaccumulation studies).


8. Submit a sediment physica lcharacterization (to predict contaminantlevels), and

9. Submit sediment analysis.

F. CONTENT OF CERTIFICATION. As amatter of information, the following shallbe contained in the 401 WQC statement:

1. The name and address of the applicant.

2. A statement that the Administrator haseither (i) examined the application madeby the applicant to the Administratorand based its certification upon anevaluation of the information containedin such application which is relevant towater quality considerations, or (ii)examined other information furnishedby the applicant sufficient to permit theAdministrator to make the statementdescribed in paragraph (3,) of thissection.

3. A statement that there is a reasonableassurance that the activity will beconducted in a manner which will notviolate applicable WQS.

4. A statement of any conditions which theAdministrator deems necessary ordesirable with respect to the dischargeor the activity.

5. Any other conditions as theAdministrator may determine to beappropriate.

Any conditions specified in the 401WQC shall be requested to be included aspart of the issued Federal license or permitconditions.

G. PROCEDURES


a) The procedures shall be similar to rulemaking procedure, except that theApplicant shall determine whether to goor not to go directly to public hearing asprovided in these guidelines.

b) The applicant shall submit applicationdata based on the requirementscontained in this interim guidelineaccording to the provided, "ApplicationFormat" guidelines together with arequest (refer to Section K ofRegulat ions for the s ignatoryrequirements) for a 401 WQC ) Afterreviewing the applicat ion forcompleteness, the Administrator shallreview and assess the application andmake an initial determination that theconstruction or activity will not meet theapplicable Guam WQS. After the initialdetermination, the Administrator willprepare the public notice for publicationin the newspaper(s) of generalcirculation the application for 401 WQS.In addition, the public notice shall bemailed to interested parties listed on thenotification mailing list established bythe Guam Environmental ProtectionAgency.

c) The Application Format (Appendix L)made part of these Water QualityStandards is subject to a periodicrevision by the Administrator and itshall be the responsibility of theapplicant to have the latest copy of theapplication format.

d) In the event a request is made for apublic hearing that is supported byjustifiable evidence, the Administratorshall provide a public hearing, ina c c o r d a n c e w i t h t h e G u a mAdministrative Adjudication Act. Publichearings will be held on the village theproject is located in the vicinity of theproject.


e) After the public notice and/or publichearing as the case maybe, theAdministrator shall consider allevidence and testimonies presented andmake a final determination for the 401WQC.

f) The Administrator may, on his ownmotion or the application of any person,modify, suspend or revoke the 401WQC if , after a hearing theAdministrator determines that:

1. There is a violation of any conditionof the 401 WQC.

2. The 401 WQC was obtained bymisrepresentation, or failure todisclose fully all relevant facts; or

3. There is an unreasonable change inthe scope of the project and activity;or

4. Such is in the public interest.

g) The Administrator shall issue a 401WQC for a term not to exceed five years.

h) Any order or decision of theAdministrator pursuant to theseregulations shall become final, unless ahearing is requested within 30 days afterthe notice of the final decision before theGEPA Board of Directors.

The GEPA Board of Directors shallhave the power to review and to affirm,modify or reverse any order or decisionof the Administrator. Such appeal shallbe made pursuant to the provisions ofthe Administrative Adjudication Law,Chapter II, Title XXV, of theGovernment Code of Guam.


i) Any order or decision of the Boardpursuant to these regulations shall besubject to an appeal therefrom to theSuperior Court of Guam. Such appealshall be made pursuant to the provisionof the Administrative Adjudication Law,Chapter II, Title XXV, of theGovernment Code of Guam.

H. PUBLIC NOTICES

a) All costs for public notices of intent toissue, to modify 401 WQC or for publichearings for 401 WQC shall be borne bythe applicant.

b) For public notices of intent to issue ormodify 401 WQC, publication shall betwo consecutive days in a newspaper ofgeneral circulation on the datesspecified by the Administrator.

c) For public notices of public hearing,publication shall be as specified in theGuam Administrative Adjudication Act.The public notice will be published in alocal newspaper of general circulation asdirected by the Administrator.

d) It is imperative that the public notice bypublished on the date(s) specified by theAdministrator so that there are nodelays in the processing of the 401 WQCrequest. In addition, when the publicnotice proof copy is edited by theapplicant, it should be carefully checkedfor accuracy to avoid republication. Anaffidavit certifying publication will berequired.

I. PUBLIC HEARINGS

a) Public hearings will be arranged (date,time, place) by the EnvironmentalReview Section (ERS) staff and thehearing will be conducted by GuamEPA Board of Directors. In addition tothe Guam EPA Board of Directors, asERS staff member will be present to


serve as a resource and the applicantwill be requested to send arepresentative to attend the scheduledhearing to present testimony supportingthe 401 WQC request.

J. C O N T E S T E D C A S E A N DADJUDICATORY HEARINGS

a) Contested case and adjudicatoryhearings may be held as pointed in the"Procedure" portion of these guidelines.

K. SIGNATORY REQUIREMENT FORSECTION 401 WATER QUALITYCERTIFICATION

1. (For municipal, state, federal, or otherpublic agency)

a) For Guam Environmental ProtectionAgency - The Administrator, as chiefexecutive officer of the agency.

b) In the case of Federal agencies, thechief executive officer of the agency,or the senior executive officer havehaving responsibility for the overalloperations of a principal geographicunit of the agency.

2. (For a partnership or so leproprietorship)

a) A general partner (partnership) or aproprietor (sole proprietorship)

3. (For a corporation)

The President, Vice President, Secretaryor Treasurer of the corporation and incharge of a principal business function,or one that performs similar policy ordecision making functions for thecorporation.


L. SECTION 401 WATER QUALITYC E R T I F I C A T I O N A P P L I C A T I O NFORMAT

FOR OFFICIAL USE ONLYP r e p a r e d B y :

_______________Application No._______________

D a t e :______________________Date Received: ________________

SUBJECT: REQUEST FOR A SECTION 401 WATERQUALITY CERTIFICATION (WQC) FOR THEDISCHARGE OF DREDGE OR FILL MATERIAL

1.a. Applicant and________________________________________Address:_________________________________________ b. Agent and________________________________________

Address:_________________________________________

2. Project Name_________________________________________and Location:________________________________________

3. Associated________________________________________

Federal Permit:_________________________________________

Note: For the following items, be sure all items arecompleted. If there are incomplete items, theapplication will be returned. When references are madeto supporting documents, it must identify thedocument, page number and paragraph. Four (4)copies of the supporting documents will be required.The applicant may use this Application Format as theapplication, it desired.

4. Provide for a description of the facility or activity, andof any discharge into state waters which may result fromthe conduct of any activity including, but not limited to, theconstruction or operation of the facility or activity. includingthe biological, chemical, thermal, and other characteristics ofthe discharge, and the location or locations at which suchdischarge may enter state waters.a. description of facility or activity:b. construction and operation of facility or activity:


c. biological, chemical, thermal, and other characteristicsof discharge:

d. location(s) at which such discharge may enter statewaters:

5. Provide a description of the function and operation ofequipment or facilities or activities to treat wastes or othereffluents which may be discharged, including specificationof the degree of treatment expected to be attained.a. description of the function of equipment or facility or

activity to treatment waste or other effluents.:b. specification of the degree of treatment expected to be

obtained:6. Provide the date or dates on which the activity willbegin and end, if known, and the date or dates on which thedischarge will take place.a. date(s) on which the activity will begin and end, if

known:b. date(s) on which discharge will take place:7. Provide a description of methods and means beingused or proposed to monitor the water quality andcharacteristics of the discharge and the operation ofequipment or facilities employed in the treatment or controlof wastes or other effluents.a. description of the methods and means being used to

monitor the water quality: b. and characteristics of the discharge:8. Provide a description of the methods and means beingused or proposed to monitor the water quality andcharacteristics of the discharge and the operation ofequipment or facilities employed in the treatment or controlof wastes or other effluents.a. description of the methods and means being used to

monitor the water quality: b. and characteristics of the discharge:c. and the operation of equipment:9. Describe the classification of the territory's water andthe associated recreational uses of the territory's water at thedischarge and state whether the basic water quality criteriaand the applicable water quality standards will be met.a. describe the classification and recreational uses of the

territory's water at the discharge:b. statement whether the basic water quality criteria and

applicable water quality standards will be met (if yes,complete item c. below):

c. provide a statement signed by the applicant that,"There is reasonable assurance that the activity will beconducted in such a manner which will not violateapplicable basic water quality criteria and theapplicable water quality standards." (Note: This will beone of the key elements in the determination to issue ofSection 401 WQC).


10. Submit applicable plans, specifications and copies orcitation of an Environmental Assessment or EnvironmentalImpact Statement as it may apply.a. Submit applicable plans, specifications:b. or copies or citation of an Environmental Impact

Assessment or environmental Impact Statement as itmay apply:

10. Explain any irregularities or unique features of theproject:


APPENDIX G

GUAM WATER CLASSIFICATION(MASTER MAP)

Map can be obtained at GEPA


APPENDIX H

EXECUTIVE ORDER NO. 90-10REQUIREMENTS FOR ENVIRONMENTAL IMPACTASSESSMENTS FOR ALL TERRITORIAL LAND USE

COMMISSION ACTIONS

WHEREAS, Public Law 1-89 (as amended)established the Territorial Land Use Commission(TLUC) under the Department of Land Managementand charged the TLUC with the review of all matterspertaining to the zoning of public and private landand development thereon; and

WHEREAS, there was established a DevelopmentReview Committee (DRC), charged with theresponsibility of evaluating applications for zonechanges and variances and reporting the DRC findingsand recommendations to the TLUC prior to any actionbeing taken on such applications; and

WHEREAS, commercial and residentialdevelopment on Guam is presently occurring at anunprecedented rate; and

WHEREAS, many aspects of such developmentactivities create impacts upon the environment of theIsland of Guam; and

WHEREAS, the environmental impact of suchdevelopment activities vary widely depending uponthe nature, location and other factors unique to eachcase; and

WHEREAS, the Guam Environmental ProtectionAgency (GEPA), was created by the GuamEnvironmental Protection Agency Act (PL 11-191:10GCA Chapter 45) and charged with the responsibility"... to provide a united, integrated and comprehensiveterritory-wide program of environmental protectionand to provide a framework to fulfill that task."; and

WHEREAS, GEPA has the technical, legal andadministrative capabilities to implement such aprogram; and

WHEREAS, such a program includes evaluationof the environmental impacts of any and alldevelopment activities in Guam.


NOW, THEREFORE, I, JOSEPH F. ADA,Governor of the Territory of Guam, by virtue of theauthority vested in me by the Organic Act of Guam,do hereby order that:

1. The Territorial Land Use Commission (TLUC)shall not act upon any application for zone change orvariance without an Environmental ImpactAssessment (EIA) being submitted to the GuamEnvironmental Protection Agency (GEPA) andapproved by the GEPA Administrator and thesubmission of a complete Environmental ImpactStatement (EIS) if determined to be necessary as aresult of the EIA.

2. To be considered valid, an EnvironmentalImpact Assessment shall, at a minimum, follow thefollowing outline and contain full information asdescribed herein;

A. Describe the project and the setting.1. Description of the project.

a. Purpose and justification of theproject

b. Location within the regioni. maps

c. What types of actions will the projectentail

i. constructionii. grading/fillingiii. infrastructure development

d. Necessary permits neededi. gradingii. air and water pollutioniii. building

2. Description of existing environment.a. Physical condition

i. soilii. weather/windiii. topography

b. Existing infrastructurei. sewersii. roadsiii. wateriv. electricity

c. Biologicali. plantsii. animals

d. Land use


i. urban/ruralii. existing surrounding uses

e. Unique featuresi. archaeological/cultural

B. Alternatives compared and rationale fortheir selection.

1. Alternative sites including proposedaction where the project could be located.

a. Site description including informationrequired in A2 above

b. Reasons for elimination2. No action.

a. Reasons for elimination

C. Estimate the nature and magnitude ofenvironmental changes caused by the activities ofthe project.

1. Description of impacts

a. Description of impacts caused bycon s t r u c t i o n a c t i v i t ies dur in g thedevelopment.

b. Description of long term impactsdirectly caused by the project or throughsecondary effects such as incomedistribution, population growth or shifts,additional stress on services.

c. Description of cumulative impacts,those that come about due to multipledevelopment in the area.

2. Estimates of the magnitude of theimpacts.

a. Estimate rate of change caused by theimpact.

b. Estimate what irreversible orirretrievable commitments of resources willtake place.

D. Define criteria to be used in measuringsignificance.

1. Statutory criteria


a. Relevant goals and objectives set outin environmental laws.

b. Standards set forth in statute orregulation.

i. noise pollution

ii. air

iii. water

2. Derived criteria

a. Technically derived measurementssuch as statistical measures.

3. Cultural/Social /Political criteria.

a. Judgement of significance based on:

i. criteria agreed on through politicalprocess;

ii. criteria based on input fromaffected groups;

iii. criteria based on local customs.

iv. criteria based on agreementthrough mediation.

E. Evaluation of impacts relevant to sitesensitivity.

1. Impacts estimated compared tomeasurement criteria.

2. Description of avoidable andunavoidable impacts.

F. Mitigative measures - measures taken toameliorate the impacts of the project on theenvironment.

1. Short-term impact mitigation.

a. Listing of short-term impacts


b. Proposed mitigative measures

c. Utility of proposed measures

2. Long-term impact mitigation.

a. Listing of Long-term impact

b. Proposed mitigative measures

c. Utility of proposed measures

3. The GEPA Administrator shall advise theTLUC, through the GEPA representative on theDevelopment Review Committee (DRC), of the timeperiod required for thorough review of such EIAdocuments, upon initial presentation of theapplication for rezoning or zone variance to the TLUC.

4. In the event that the Administrator of GEPAdetermines, during his review of any EIA submittedpursuant to the provisions of this Executive Order,that the proposed action of the applicant will result ina significant or adverse impact on the environment,the Administrator of GEPA shall require that anEnvironmental Impact Statement (EIS) be submittedby the applicant.

5. In the event that an EIS is required pursuant tothe requirements of this Executive order, the TLUCshall not act upon any requested zone change orvariance until such EIS has been submitted to GEPAand approved by the Administrator of that Agency.

6. The Administrator of GEPA shall specify thecontent, format and method of submission of such EISdocuments as are necessary to fulfill the purposes ofthis Executive Order, providing that such content,format and method are in accordance with commonlyaccepted professional standards with respect toEnvironmental Impact Statements.

7. The Administrator of GEPA shall not approveany EIS unless it contains satisfactory remediationprovisions for any and all adverse environmentalimpacts, as determined in the EIA.

8. In the event that there is a change in ownership,management or direction of any development project,


before, during or after construction on the projecttakes place, which project required an EIA or EISunder provisions of this Executive Order, the newowner, manager or director of such developmentproject shall be subject to all provisions of such EIA orEIS in the same manner as the original owner,manager or director of such development project.

9. In the event that construction on anydevelopment project does not commence within oneyear of approval of an EIA or EIS, which projectrequired and EIA or EIS under provisions of thisExecutive Order, the TLUC shall suspend its approvalof any zone change or variance granted the applicantfor such project until the Administrator of GEPA hasreviewed the EIA or EIS required and advised theTLUC of the results of such determination.

10. The TLUC shall revoke, suspend or nullify anyzone change or variance granted to an applicant if theapplication for such action contains false, misleadingor improper representation of information requiredpursuant to this Executive Order.

11. The TLUC shall revoke, suspend or nullify anyzone change or variance granted to an applicant ifsuch applicant fails to comply with all remediationprovisions of an approved EIS.

12. The TLUC shall revoke, suspend or nullify anyzone change or variance granted to an applicant ifsuch applicant fails to implement remedial actionspecified in an EIS promulgated in accordance withthe requirements of this Executive Order in anappropriate and timely manner.

13. The TLUC shall revoke, suspend or nullify anyzone change or variance granted to an applicant ifsuch applicant initiates or conducts activities notspecified in any EIA or EIS promulgated in accordancewith the requirements of this Executive Order.

14. No act prohibited or restricted by any statute,regulation, law or existing Executive Order shall bepermitted by reason of compliance with this ExecutiveOrder.

15. No permit, license or requirement under anystatute, regulations or law, Federal or Territorial, shall


be waived by reason of compliance with this ExecutiveOrder.

16. Any provisions of Executive Orders,heretofore, issued in conflict with this Order arehereby repealed insofar as they conflict.

17. The Administrator of GEPA may waiverequirements for an EIA in such cases where a singlefamily residence is being constructed or where thezone variance being requested constitutes less than a10% variance from zone requirements, except in suchcases where the proposal impacts an environmentallysensitive area. Environmentally sensitive areas shallinclude, but not necessarily be limited to areas thateffect seashores, rivers and streams, wetlands, criticalfauna and/or flora habitats and aquifer rechargeareas. Special emphasis shall be placed upon areaswhere run-off may have adverse impact.

Signed and promulgated at Agana, Guam this25th day of May, 1990.

/s/Joseph F. AdaJOSEPH F. ADAGovernor of Guam

COUNTERSIGNED: /s/ Frank F. Blas

FRANK F. BLASLieutenant Governor of Guam


APPENDIX I -


22 GAR - GEPA

DIV. II - WATER CONTROL

22 GAR - GEPA

DIV. II - WATER CONTROL

APPENDIX J -


APPENDIX J -


Documents

CHAPTER 5 WATER QUALITY STANDARDS - FAOLEX …faolex.fao.org/docs/pdf/gum71810.pdf · · 2007-05-30CHAPTER 5 WATER QUALITY STANDARDS §5101. Statement of Policy. ... pollution control