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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.

INTERIM Permit Requirements for Type-2 and Type-4 Toilet Facilities

TYPE-2:

Effective July 19, 2024, conditional environmental clearances for building permit applications which seek Guam EPA’s approval to construct septic systems (known as Private Sewage Disposal Systems) are now subject to amendments made to 10 GCA § 48101(c): “Septic tank means a water-tight receptacle which receives the discharge of untreated sewage designed and constructed so as to retain solids, digest organic matter through a period of detention, and allows the liquids to discharge into an exterior soil absorption system. They shall be fabricated or constructed of welded steel, monolithic concrete, fiberglass or an approved material. Tanks shall be watertight and fabricated to constitute an individual structure and shall be designed and constructed to withstand anticipated loads. The design of prefabricated septic tanks, the materials from which septic tanks may be constructed or fabricated, and the approval of plans for site-constructed tanks prior to construction shall be approved by the Guam EPA.”

In accordance with the new law, concrete masonry units (CMUs) may no longer be used as material to construct septic tanks and the minimum distance between the inlet and outlet sanitary TEE is no less than six (6’) feet apart.

• Concrete septic tanks shall be pre-cast or site-constructed meeting the requirements of Section 504.1.1 of the current edition of the International Private Sewage Disposal Code (IPSDC ) as adopted pursuant to 21 GCA § 67101.4, and ASTM C 1227 as required therein.  The floor and walls of a site-constructed tank must be monolithic in construction, except that a construction joint may be allowed in the lower 12 inches of the sidewalls, with a keyway meeting the width requirements as specified in the IPSDC.
• The minimum compressive strength of any concrete septic tank wall, top and covers, or floor shall not be less than 4000 psi (pound per square inch) at 28 days in accordance with ASTM C1227. Septic tanks constructed using hollow block, concrete masonry units (CMUs) shall not be permitted. Other septic tank types shall be evaluated and approved by the Administrator but must be allowable under the IPSDC.
• Inlet and outlet connections must be located no less than six (6) feet apart and shall be submerged so as to obtain effective retention of scum and sludge. The inlet invert shall be at least three (3) inches above the outlet invert. Access to both inlet and outlet connections shall be provided through manholes or inspection ports.

• All septic tanks shall be subjected to a water-tightness test as follows (ASTM C 1227): fill the tank to the outlet invert elevation, cover the tank, and let stand for 24 hours. Refill tank. The tank is approved if the water level is held for one (1) hour after refilling. Guam EPA shall observe the water level at the start and end of the 24 hour hold time, and at the start and end of the one (1) hour test. After the completion of the septic tank, the inside shall be cleaned, all forms removed, and the tank shall pass the required water-tightness test before occupancy permits willbe issued.

TYPE-4:

• Guam EPA has the authority to grant construction and operating permits for Type 4 facilities prior to the issuance of regulations for such systems, pursuant to the requirements of Guam Public Law 37-105.
• Interim Fees. Until Guam EPA formally promulgates rules and regulations in accordance with the Administrative Adjudication Law (AAL), applications for construction permits under Guam Public Law 37-105 shall be charged a fee of One Hundred Dollars ($100.00). The interim fee for an operating permit shall be Forty Dollars ($40.00). The fees for Construction permit applications and operating permits are subject to change and will be established by Guam EPA pursuant to the AAL.
• Operation of Type 4 facilities shall require issuance of an operating permit at a frequency determined by the Administrator and pursuant to Guam EPA’s Interim Permitting Authority granted by Guam Public Law 37-105. At this time, operating permits shall include conditions as required by the Agency’s Interim Regulations and shall require the owner of the building to submit a  maintenance contract with a Guam EPA-approved contractor covering the oversight, maintenance and repairs of the Type 4 facility for the time period covered by the permit subject to Interim Regulations:
• All Type 4 toilet facilities must be listed as approved under NSF/ANSI Standard 245, Wastewater Treatment Systems – Nitrogen Reduction.
• Manufacturer documentation of NSF-245 certification for the proposed Type 4 toilet facility which will be installed as part of you building permit application must be supplied with your application.
• Guam EPA shall independently verify NSF-245 certification status using the publicly available NSF-245 product listing.  The Administrator shall not approve any Type 4 toilet facility that is not listed by NSF as being NSF-245 certified.
• All applications for Type 4 toilet facilities must include a valid operation and maintenance contract which meets and includes:
• Certification that the Type 4 toilet facility or mound system has been properly constructed, commissioned, and is operating adequately must be provided in writing by the GEPA-approved installer.
• Passing inspection by Guam EPA.
• Operation and maintenance contract must be provided, with a term of no less than two (2) years, signed by both the applicant and the operation and maintenance provider. The operation and maintenance contract must include the following:
• Type 4 toilet facilities must be inspected and serviced at a frequency as required by the manufacturer’s operation and maintenance instructions, and on no less than an annual basis;
• Any defects found must be corrected, and any faulty Type 4 toilet facility components must be replaced or repaired as soon as possible;
• The solids must be pumped from the Type 4 toilet facility at a frequency not less than that recommended by the manufacturer’s operation and maintenance instructions by a wastewater hauler approved by Guam EPA;
• The operation and maintenance provider must be available to respond in a timely manner upon notification by the Type 4 toilet facility in the event of any alarm or other problem;
• Within three (3) months of the end of the contract period, timed such as to allow the timely submission of the operating permit renewal application, the operation and maintenance provider must provide a summary report, in writing, which documents all service and repairs conducted over the term of the contract, any outstanding repair or replacement needs, and a statement certifying that the Type 4 toilet facility is operating in accordance with manufacturer specifications.
• At the discretion of the owner and operation and maintenance provider, the contract may also include services associated with renewal of the Type 4 toilet facility or mound system operating permit on behalf of the owner or operator.
• A reduction of the required soil absorption system area for Type 4 toilet facilities of up to 50% may be granted with the approval of the Guam EPA administrator, if supported by an engineering soils report which addresses the following:
• A percolation test report must be provided which shows that the measured percolation rate within the area of the proposed soil absorption system is 1 inch in 15 minutes (4 inches per hour) or faster; 
• The soil type at the depth of the proposed soil absorption system is granular or limestone, and is not clayey; and
• The certifying engineer must specify the recommended percentage reduction in required soil absorption area (up to 50% maximum), and must include a signed statement that the site soil and hydrologic characteristics will support the proposed reduction in soil absorption system area.
• Installation and commissioning of Type 4 toilet facilities must be done under the supervision of an installer or operation and maintenance provider approved by Guam EPA.