There are some situations in which connection to public sewer may not be possible or practical. The Connection to Public Sewer Regulations at 22 GAR §25108 allows for variances in specific situations as follows. In each case, a written request for the variance must be submitted to the Administrator for review, following the application requirements stated in 22 GAR §25108(d). Variance decisions by the Administrator may be appealed, in writing, to the GEPA Board of Directors, following the procedures described in 22 GAR §25108(e).
New single family dwellings or duplexes [22 GAR §25108(a)(1)]: A variance to the connection requirement for a new dwelling or duplex may only be considered if “no other practical alternatives exist”. Practical alternatives include relocating the proposed dwelling on the lot, or raising the foundation or plumbing so as to enable connecting to the public sewer by gravity. Only new single family dwellings or duplexes are eligible for this variance.
Existing single family dwellings or duplexes with an “adequate” septic system [22 GAR §25108(a)(2)]: An existing dwelling which cannot be connected to public sewer by gravity (with a minimum grade of 1/8th inch per foot) may be granted a variance, but only if the dwelling is served by an “adequate” existing septic system. An adequate septic system is defined in the regulations as one which has not failed, and meets all of the requirements of the regulations including setback distances from property lines and buildings. If the existing septic system is not adequate, the Administrator may still grant a variance but only if the lot is suitable for the construction of a septic system meeting all of the requirements of the regulations, and the owner agrees to construct and complete such system within thirty (30) days.
Existing single family dwellings or duplexes with an “inadequate” septic system [22 GAR §25108(b)]: In special cases a variance may be granted to allow the continued use of inadequate existing sewage disposal facilities serving a single family residence for up to a maximum period of five (5) years after sewer becomes available. Such variance shall be considered only when the disposal system is entirely adequate except for location, such as being less than ten (10) feet from the building or five (5) feet from the property line, and the Administrator finds the request will not endanger public health or pollute waters of the territory. Situations where a septic system does not meet setbacks to wells or Waters of the Territory are not likely to qualify for this variance. If the dwelling cannot connect to the public sewer by gravity, with a minimum grade of 1/8″ per foot, the variance may be extended.
Existing buildings with defective septic systems. No variances to the sewer connection requirement are allowed for buildings of any type which are found to be connected to a defective septic system. A defective septic system is defined under 22 GAR §25107 and includes the following situations:
The septic system does not accept sewage and the sewage backs up into the attached building;
Sewage can be observed discharging to the ground surface from the septic system at any location;
Pollution of any Waters of the Territory can be shown, by dye studies or laboratory analysis, to originate from the septic system;
The existing facility is a cesspool, or the septic tank is not water tight
The septic tank shows evidence of structural failure
In all such situations, an existing building connected to a defective system must be connected to sewer.
Permitting Tips Presentations: Contractors, Home Builders and Property Buyers
In case you missed our Construction & Industry Forum on March 29, 2023, you can click on the links below to access presentations about Guam EPA’s construction permitting process:
In Guam, the use of onsite wastewater disposal systems commonly referred to as ”septic systems,” is regulated through a number of laws and regulations. These laws and regulations cover specific requirements for the permitting, design and construction of septic systems in Guam. Guam EPA has developed this FAQ to help you understand the application of various requirements to the design, permitting, and construction of a septic system for a single family dwelling.
Guam Business License & Permit Center Window Hours
Guam Business License and Permit Center Agency Window Hours:
