Who is responsible for determining compliance with all of these requirements?
Who is responsible for determining compliance with all of these requirements?
The answer to this question depends on the stage of development. If you are interested in purchasing a property, you should work with your realtor to disclose known conditions that may restrict the installation of a septic system, in addition to doing your own basic research to make sure the property location does not trigger any of the septic system setbacks or prohibitions set by law and regulation.
If you have a property and are interested in building a home, you can use publicly available information, as linked to above and in the Additional Resources section of this FAQ, to determine the basic suitability of your lot for construction, based on location, lot size, and proximity to protected features.
If you are in the process of designing your home, your engineer or architect is responsible for all aspects of the design of your home to ensure it meets relevant government requirements, and this includes the requirements for septic systems described in this document. Your engineer or architect should review your property information and location as a first step, to determine whether there are any immediate indications that a septic system permit may not be granted, such as a lot size or setback issue. If there are, the engineer or architect should inform you right away, to ensure you do not knowingly proceed with expensive design work that might not lead to a construction permit. If the basic site suitability requirements are met, and prior to the start of design work, the engineer or architect should then arrange for the percolation test and soil observation pit, and should personally observe the test and interpret the results to determine whether a septic system is feasible. If it is not, they should inform you immediately and discuss alternatives, before proceeding with a design or billing you for additional work that may not lead to a permit.
If you already have a design and are working to obtain a permit with your contractor as your agent, and depending on the terms of your contract, your contractor may responsible for obtaining all of the relevant design information from your engineer or architect, submitting this information with the permit application, and working with GEPA to make changes or modifications, as necessary. Delays during the permitting process are to be expected if the contractor fails to submit all of the relevant engineering documentation, or if the engineer or architect fails to follow the required site assessment or design requirements.
Once your septic system is built and you have occupied your new home, you become responsible for the long-term operation and maintenance, as well as repairs or replacements in the event the leaching field (or trench) system fails.
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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
Guam Business License and Permit Center Agency Window Hours: