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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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Last update: 21 December 2000

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