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10 GCA Chapter 48:
Toilet Facilities and Sewage Disposal
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The Toilet Facilities and Sewage Disposal Act was enacted in its present form in 1985 by Public Law 17-87. It sets standards for sewage disposal systems and septic tanks.
The full text of this law is included on this site for reference purposes only. Any questions about interpretation of these regulations should be directed to appropriate Guam EPA staff.
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CHAPTER 48
Toilet Facilities and Sewage Disposal
NOTE: Chapter 48 was amended by P.L. 17-87.
§48101. Definitions.
§48102. Toilet and Sewage Facilities Required.
§48103. Maintenance: Responsibility.
§48104. Types of Toilet and Sewage Facilities.
§48105. Approval of Administrator Required.
§48106. Location.
§48107. Standards.
§48108. Lining Required.
§48109. Inspection Before Covering.
§48110. Additional Standards For Privies.
§48111. Septic Tanks to Be Emptied and Cleaned.
§48112. Disposition of Excreta.
§48112.1. Ordering of Replacement, Repair, etc.: Procedure.
§48113. Sewer Connection For Underprivileged.
§48114. Definitions.
§48115. Installation of Connecting Lines to Public Sewers.
§48116. Installation of Type 2 Facilities.
§48117. Notice to Homeowners.
§48118. Application of Homeowners.
§48119. Installation of Connecting Lines.
§48120. Installation of Type 2 Toilet Facilities.
§48121. Fund.
§48122. Repayment of Installments.
§48123. Installment Contracts.
§48124. Powers.
§48125. Expiration of Fund (former GC §57085).
§48126. Penalties.
§48101. Definitions. (a) Cesspool means an excavation which
receives or is intended to receive untreated sewage and from which
liquid seeps or leaches into the surrounding porous soil.
(b) Privy means a structure and excavation for the disposal of
human excreta by non-water carriage methods and includes the term pit
privy, trench latrine, and bored-hole latrine.
(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 leaching system.
(d) Sewage includes untreated or insufficiently treated human
excreta, food wastes disposed of through sewers, waste water, liquid
wastes from residences, commercial buildings, public buildings and
industrial establishments and such diluting water as may have entered
the waste disposal system.
(e) Leaching system means a subsurface system of open-joint or
perforated piping where septic tank effluent may seep or leach into
the surrounding porous soil.
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§48102. Toilet and Sewage Facilities Required. No building
shall be occupied or used as a dwelling, school, public building,
commercial building, industrial building or place of assembly without
toilet and sewage facilities of a type required by this Chapter for
the disposition of human excreta and other domestic wastes.
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§48103. Maintenance: Responsibility. Toilet and sewage
facilities shall be maintained at all times in good repair and in a
clean and sanitary condition. The owner of a property is primarily
responsible for the structural integrity, good repair and maintenance
of toilet and sewage facilities in conformity with the provisions of
this Chapter. He is responsible for the replacement of broken or
worn-out equipment or parts, and the cleaning of obstructed or broken
pipes or drains. The lessee, occupant, or person in possession of
property is responsible for keeping such facilities in a clean and
sanitary condition.
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§48104. Types of Toilet and Sewage Facilities. (a) The
following types of toilet facilities are permitted under the terms and
conditions as hereinafter provided:
Type 1: Toilets flushed with water and connected with
a public sewer.
Type 2: Toilets flushed with water and connected with
a septic tank and leaching system.
Type 3: Privy type, including pit privy, trench
latrine and bored-hole latrine.
(b) When a public sewer is available, all buildings used for
human occupancy, employment or recreation and situated upon land
abutting any road, street, or other way or easement in which a public
sewer is located, must have suitable toilet facilities installed and
connected to the public sewer, in accordance with the following
schedule:
(1) Every such building constructed after the
effective date of this Act or after a public sewer
becomes available, whichever is later, must include
such installation and connection in the construction.
(2) Any such building existing at the time a public
sewer first become available and being served only by
Type 3 facilities must be provided such installation
and connection within six (6) months after the public
sewer become available.
(3) Any such building existing at the time a public
sewer first becomes available and being served by Type
2 facilities which are entirely adequate and without
defect may continue to be served by such existing
facilities for a maximum period of five (5) years upon
the following conditions.
a. No repairs, replacements or additions of or
to such facilities will be permitted.
b. Whenever any such facility become defective
or inadequate, connection to the public sewer
must be made within thirty (30) days after
notice given by the Administrator, who may,
however, upon application, extend the time to
not more than six (6) months if he finds that
the defect or inadequacy is not hazardous to health.
c. Whenever a public sewer becomes available,
the Administrator, as soon as possible, shall
make or cause to be made an inspection of all
Type 2 facilities on lands abutting the road,
street, or other way or easement in which such
sewer is located and shall promptly notify the
persons concerned of his determination of
which such facilities may continue to be used
as above provided.
d. In situations within the Groundwater
Protection Zone where the density of Type 2
facilities exceeds four (4) septic tank and
leaching systems per acre and public sewer is
available, in order to protect the groundwater,
the Administrator has discretion in requiring
building owners to connect to the public sewer
within six (6) months of being served proper
notice.
(4) The Administrator may inspect or cause to be
inspected any toilet facility at any time and shall
make or have made suitable inspections with such
frequency as may be necessary to assure compliance
with this Section.
(c) Where water is available from the Public Utility Agency of
Guam, but a public sewer is not available, toilet facilities shall be
of Type 2 . This Subsection shall apply to all buildings constructed
after the effective date of this Act. With respect to buildings in
existence on the effective date of this Act, this Subsection, shall
apply to all such buildings, except dwellings, from and after six (6)
months after the effective date of this Act, or after water becomes
available, whichever is later, and shall apply to dwellings from and
after one (1) year after the effective date of this Act, or after
water becomes available, whichever is later, except that this
Subsection shall not apply to any such existing building where the
size of the lot or the soil permeability of the lot, as may be
determined by the Administrator, is inadequate and unsuitable for the
installation and operation of toilet facilities of Type 2.
(d) In all other cases, toilet facilities shall be of Type 2
or Type 3. In no case shall the construction of new cesspools be
allowed after the effective date of this act.
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§48105. Approval of Administrator Required. No toilet or
sewage facilities or single-family residences, subdivisions,
apartments, motels, hotels or other multihousing facilities may be
constructed without the approval of the Administrator, or put into
operation without his inspection and approval. The Administrator may
require any or all the following information before giving such
approval:
(1) Plot plan drawn to scale completely dimensioned,
showing direction and approximate slope of surface,
location of all present or proposed or existing
retaining walls, drainage channels, water supply lines
or walls, paved areas and structures on the plot and
location of the sewage facilities with relation to lot
lines and structures.
(2) A description of the complete installation
including quality, kind and grade of materials,
equipment, construction, workmanship, and methods of
assembly and installation.
(3) A log of soil formation and ground water levels as
determined by the test holes dug, in accordance with
the requirements of the Administrator, at the location
of the proposed leaching system.
No building permit or certificate of occupancy under
the Building Law of Guam shall be issued without prior
compliance with this Section.
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§48106. Location. No septic tank, leaching system, or privy be
located within a horizontal distance of three hundred (300) feet of
any river, creek, pond, reservoir, stream, well, spring, or body of
fresh water, or within a horizontal distance of five (5) feet of the
boundary line of any lot, or located in position not easily accessible
for emptying or cleaning. No or [sic] septic tank or leaching system
shall be constructed, located, or maintained within a horizontal
distance of ten (10) feet and no privy shall be constructed, located,
or maintained within a horizontal distance of twenty (20) feet, of any
dwelling, school, public building, or a building used for commercial
or industrial purposes, or as a place of assembly.
Provided, however, that the limitation with regard to location
of any privy, septic tank, or leaching system within five (5) feet of
the boundary line of any lot shall not apply to any privy, septic
tank, or leaching system now so located.
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§48107. Standards. Every privy shall have a substantial and
water tight curbing around the top thereof to retain the earth
without, and to prevent the seepage of the contents thereof to the
surface of the earth. Every [sic] and septic tank shall be provided
with a manhole not less than twelve (12) inches or more than eighteen
(18) inches in diameter or of equal area for inspection and cleaning
purposes.
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§48109. Inspection before covering. No cover shall be placed
over any septic tank or privy until diameter, depth and other
dimensions of such septic tank, or privy have been inspected and
approved by the Administrator, where such inspection and approval are
required by this Chapter.
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§48110. Additional Standards for Privies. Every privy shall be
fly-proof and rat-proof, adequately vented, and provided with a
suitable shelter. Seats shall have a close-fitting cover. Pits shall
be of sufficient depth so that when filled the contents may be covered
with a minimum of two (2) feet of earth. During use, fresh deposits of
excreta shall be covered with sufficient earth or lime to exclude
flies and prevent odors. Pits shall be closed and sealed when the
level of excreta reaches within two (2) feet of the earth's surface. A
new pit shall be built to replace the old one if other sewage
facilities are not available. The Administrator may authorize the
proposed location of the new pit and inspect the completed privy prior
to use.
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§48111. Septic Tanks to Be Emptied and Cleaned. Septic tanks
shall be emptied and cleaned when necessary, or when ordered by the
Administrator in the interests of public health, and the contents
disposed of in such place and manner as shall be authorized by the
Administrator.
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§48112. Disposition of Excreta. Untreated or improperly
treated human excreta shall not be deposited into any river, creek,
pond, reservoir, stream, well, or spring, or any collection of fresh
water, on the surface of the ground, into or upon any public or
private sidewalk, path, driveway, alley, street, highway, road, or
beach, or any public place.
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§48112.1. Ordering of Replacement, Repair, etc.: Procedure.
Any toilet or sewage facilities, sewage disposal system, septic tank,
leaching system, or privy which fails to comply with the provisions of
this Chapter, or which has become dangerous to human life or health,
shall be replaced, removed, repaired, altered, cleaned, or emptied by
the owner of the premises, as may be ordered by the Administrator, so
as to comply with the provisions of this Chapter. If the owner of such
premises does not comply within fifteen (15) days after service of
written notice of such order, upon the request of the Administrator
work shall be done by the Department of Public Works, using
appropriations of the Agency. The Director of Public Works shall
determine a reasonable charge for such work and such amount shall be
entered upon the real estate tax duplicate, shall be a lien upon such
real estate from the date of entry, and shall be collected in the same
manner as real estate taxes.
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§48113. Sewer Connection for Underprivileged. The Chief
Officer of the Public Utility Agency of Guam shall connect or cause to
be connected without charge, the island-wide sewer system to the
residences of all persons for families certified by the Agency to be
'underprivileged' within the guideline established by the Director of
Public Health and Social Services.
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§48114. Definitions. As used in §§48114 through 48123
inclusive:
(a) Agency shall mean the Public Utility Agency of
Guam;
(b) Fund shall mean the Public Utility Agency
Wastewater Fund;
(c) Homeowners shall mean persons owning private
single family residences in which they reside;
(d) Adjacent homeowners shall mean homeowners whose
residences are adjacent to and abut a road, street or
other way or easement on which a sewer is installed.
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§48115. Installation of Connecting Lines to Public Sewers. The
Public Utility Agency of Guam is hereby authorized to install or cause
to be installed connection lines to public sewers from the residences
of adjacent homeowners and subject to the provisions of this Chapter
to charge thereof on an installation basis.
Any such adjacent homeowner who, pursuant to the 10 GCA §48104
is required to connect toilet facilities to said forth in such notice
a verified application to the Agency for installation of said sewer
connection and for repayment of the cost thereof on an installment
basis as provided herein.
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§48116. Installation of Type 2 Facilities. The Public Utility
Agency of Guam is hereby authorized to install or cause to be
installed for homeowners Type 2 toilet facilities and to charge
therefor on an installment basis subject to the provisions of this
Chapter.
Any homeowner who, pursuant to the 10 GCA §48104 is required
to install Type 2 toilet facilities, may make application to the
Agency for installation of said toilet facilities and for repayment of
the cost thereof on an installment basis as provided herein.
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§48117. Notice to Homeowners. The Chief Officer of the Agency
or his authorized representative shall inform, by written notice, all
adjacent homeowners that said homeowner may make application for
installation of connecting lines and payment of the cost thereof on an
installment basis as provided in this Chapter. This notice shall be
given to such homeowners within thirty (30) days from the date the
public sewer first becomes available to them and shall contain a form
for making application.
Within ninety (90) days from the effective date of this Act
the Public Utility Agency of Guam shall give the notice provided
herein to all such persons who presently own homes abutting a road,
street or other way or easement in which a public sewer is currently
located, and who have not yet connected their toilet facilities to the
sewer.
The Chief Officer of the Agency or his authorized
representative shall also inform, by publication of a notice at least
once each month for a period of six (6) months in a newspaper of
general circulation, all homeowners that they may make application for
installation and connection of Type 2 toilet facilities and payment of
the cost thereof on an installment basis as provided in this Chapter.
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§48118. Application of Homeowners. The adjacent homeowners
desiring to have connecting sewer lines installed by the Public
Utility Agency of Guam and to pay therefor on the installment basis
shall, within thirty (30) days from receipt of the notice specified in
§48117 file application for connection and installment payment with
the Agency upon forms provided by the Agency.
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§48119. Installment of Connecting Lines. The Agency shall
install or cause to be installed connections from the residence of
each such adjacent homeowner to the public sewer and shall commence
such installations as soon as possible in order to comply with the
time provisions of §48104 of this Chapter. This work may be done by
contractors on public bid pursuant to the provisions of §10001.6 of
the Government Code.
If an adjacent homeowner has made application in accordance
with the provisions contained herein and within the time provided in
§48118, the time limitations contained in §48104 of this Chapter shall
be waived while connection lines are being installed by or under the
supervision of the Agency.
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§48120. Installation of Type 2 Toilet Facilities. After the
homeowner obtains a permit from the Guam Environmental Protection
Agency, the Agency shall install or cause to be installed and
connected Type 2 toilet facilities as soon as possible after execution
of the installment contract provided for by §48123 of this Chapter.
This work may be done by contractors on public bid pursuant to the
provisions of 5 GCA §50108.
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§48121. Fund. (a) There is hereby established a fund to be
known as the 'Public Utility Agency Wastewater Fund', which fund shall
be maintained separate and apart from any other funds of the
government of Guam, and independent records shall be maintained in
connection therewith.
(b) All monies received by the Agency from homeowners in
payment of sewer connection line or Type 2 toilet facilities
installation charges shall be deposited with the Treasurer of Guam and
credited to the Fund and applied to the account of each homeowner
making payment.
(c) All debts, liabilities, obligations, operating expenses
and installation costs and expenses arising from the installation of
connecting lines or Type 2 toilet facilities pursuant to the
provisions of this Chapter are hereby authorized to be paid from said
Fund by the Treasurer of Guam upon vouchers properly certified to by
the Certifying Office of the Agency.
(d) The Chief Officer of the Agency shall quarterly render to
the Governor a statement reflecting the financial condition of the
Fund.
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§48122. Repayment of Installments. The cost of the
installation of connection lines to the public sewer and of Type 2
toilet facilities shall be borne by each individual homeowners and the
cost thereof shall be repaid to the Fund on an installment basis, in
equal installments over a period not to exceed four (4) years from the
date the sewer connection or the toilet facilities shall have been
completed.
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§48123. Installment Contract. The signature of the homeowner,
and acceptance by the Public Utility Agency of the application form
provided for in §48118 shall constitute a contract between the
homeowner and the government of Guam. The contract shall provide for
the monthly amount of installment payments to be made thereunder.
Payments shall commence within sixty (60) days from the date of
completion of the installation and connection of the connecting line
or of the Type 2 toilet facilities.
Such contract shall provide for payment of interest to be at
the rate of six percent (6%) per annum on the installment amount due
and payable. Such contract shall further provide that the entire
balance shall become immediately due and payable upon default in the
payment of any installment of more than sixty (60) days. If during the
duration of any installment contract single family residence is
converted into income producing property or a multiple family
dwelling, all unpaid installment shall become immediately due and
payable. All unpaid installments shall constitute a lien upon the
property for which the installation and connection was made. Upon sale
of the property by the contracting homeowner, all unpaid installments
shall immediately become due and payable, unless the buyer of the
property shall, by written agreement with the Public Utility Agency
assume such installment contract.
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§48124. Powers. The Guam Environmental Protection Agency shall
have the power, duty and responsibility for the operation,
administration and enforcement of this Chapter. Such power shall
include the authority to make rules and regulations necessary to carry
out the provisions contained herein, all in accordance with §21207 of
the Government Code of Guam. The Public Utility Agency of Guam shall
have the responsibility for operation and administration of carrying
out §§48115 through 48123 of this Chapter, shall maintain all the
necessary records, and shall have the authority to enforce collection
of payments to be made by homeowners hereunder. The Public Utility
Agency of Guam shall obtain from the Attorney General approval of the
general form of installment contract which is to be entered into by
homeowners hereunder, and approval of the general form of the
assumption agreement to be entered into hereunder by subsequent
purchasers.
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§48125. Expiration of Fund. The Public Utility Agency
Wastewater Fund shall expire as of June 30, 1985, after which time, no
further advances or grants shall be made. In addition, balances within
the Fund at the date shall be returned to the Unappropriated Surplus
of the General Fund. Loans outstanding at that date shall be repaid in
the manner prescribed by contract, except that payment shall be made
to the Treasurer of Guam and deposited in the General Fund account.
The Chief Officer of the Public Utility Agency of Guam shall at that
time relinquish all records of the Fund to the Director of
Administration who shall be responsible for same and collection of
loans outstanding.
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§48126. Penalties. (a) Any person who violates any sewage
disposal provision of this Chapter, or any rule or regulation in force
pursuant thereto, or who refuses or neglects to comply with any lawful
order issued by the Administrator in the carrying out of the
provisions of this Chapter, shall be guilty of misdemeanor and subject
on account thereof to a fine not to exceed $1,000. Each day of
violation shall constitute a separate offense.
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