Variances: Can GEPA provide a letter to my lender stating that the existing septic system at the property I want to buy (or sell) is adequate, if it does not meet setbacks?
Variances: Can GEPA provide a letter to my lender stating that the existing septic system at the property I want to buy (or sell) is adequate, if it does not meet setbacks?
GEPA does not get involved in real estate transactions, but can accommodate some requests for inspection and determination of existing septic systems to be “adequate”, depending on the availability of Agency resources.
In many of the cases where GEPA has been asked to provide such statements, the specific request has been related to dwellings with known non-compliance with setback distances, and no prior GEPA permitting records. If no GEPA permitting records exist for an existing wastewater disposal system, and it does not meet current GEPA requirements for setbacks to wells, waters, structures, property lines, or any other requirement contained in the relevant laws and regulations, it is by definition “inadequate” [See 22 GAR §25106] and GEPA has no authority to issue any written statement claiming it to be “adequate” even if the septic system continues to function and does not meet the criteria for “defective” under 22 GAR §25107.
The year in which a septic system was built also has no bearing on GEPA determinations of adequacy. All septic systems on Guam were required to be brought into compliance with the current requirements under the Toilet Facilities and Sewage Disposal Act during the mid-1980s, per 10 GCA §48104(c). However, as stated under the section defining what constitutes an “adequate” existing sewage disposal system, the existence of records showing that the septic tank and leaching field was permitted, inspected and approved by GEPA or its predecessor at the time is sufficient for a determination of adequacy.
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UPDATED AS OF JULY 18, 2024: Requirements for Septic Systems
Please be advised that the Toilet Facilities and Sewage Disposal Chapter codified in 10 GCA Chapter 48 has been amended through the enactment of Guam Public Law 37-105.
On July 18, 2024, Bill 175-37(COR) as substituted and amended on the floor was signed into law as Guam Public Law 37-105 and is effective upon enactment. As a result of this enactment, certain conditional environmental clearances issued by the Guam Environmental Protection Agency for building permits issued by the Department of Public Works have changed and will now be performed in accordance to this new law and its amended provisions.
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
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