Guam EPA board adopts revised septic-tank regulations, formalizes holding-tank limits and permit requirements

The Guam Environmental Protection Agency Board of Directors approved revised septic-tank rules (22 GAR Division 2, Chapter 12) at its Aug. 21 regular meeting, adopting updated definitions, new operating‑permit requirements and conditions for holding tanks and Type 4 toilet systems.

Board Chair Stephen Carvalito called for a vote after discussion and a motion to adopt the regulations. Board member Steven Kerr moved to approve the revised Chapter 12 regulations; a second was recorded. Chair Carvalito then announced the motion carried and said, “Regulations passed.”

The regulations update language and cross‑references and restore an alphabetized definitions section, agency staff told the board. A presenter identified in the record as a staff member summarized the changes, saying they replaced older terms such as “leaching fields” with “soil absorption system” and removed duplicative language by pointing to existing Guam law where appropriate. The staff member noted, “When you see where we say we added references or we replaced with a reference to, that's just what I mean there.”

Why it matters: the revisions set clearer technical standards for advanced on‑site systems and tightening of permitting controls intended to reduce the risk of septage leaching into coastal waters and groundwater. Board discussion focused on when holding tanks may be permitted, how Type 4 systems will be maintained and inspected, lot‑size limits in groundwater protection zones, and how fee revenue will be used to staff program needs.

Key changes and requirements

- Definitions and cross‑references: The draft restores an alphabetized definitions section and adds citations to Guam law to avoid duplicative wording, agency staff said. The board packet points to 22 GAR references and to provisions in the Guam Code Annotated discussed during the meeting.

- Type 4 systems: The rules introduce operational requirements for Type 4 toilet systems. The presenter said such systems “have to be NSF 2 45 certified,” require a signed operation‑and‑maintenance (O&M) contract with an approved maintenance provider, and must be installed by certified/approved installers. The presenter added that the draft requires O&M documentation at permit renewal and that providers must report maintenance activities.

- Holding tanks: The board heard that holding (holding/“hoarding”) tanks are explicitly treated as a last resort when on‑site treatment or mound systems are infeasible because of high groundwater or bedrock. The staff member said holding tanks require periodic pumping and an O&M contract; market research cited in the meeting estimated pumping costs at about $100–$150 per month depending on tank size. The presenter also noted known local misuse—punctured tanks to avoid pumping—and said inspections and permit conditions aim to reduce that practice.

- Operating permits and inspections: The draft adds an operating‑permit requirement and requires O&M reports for renewals. Agency staff said periodic inspections and a requirement to submit a year’s worth of water‑billing records or equivalent statements (from Guam Waterworks Authority or other systems) will be used to verify usage and pumping volumes. Staff described the formal renewal/inspection cadence for some items as every two years and said manufacturer recommendations for some Type 4 systems call for annual service while the permit requirement is a two‑year interval.

- Lot sizes and ADUs in groundwater protection zones: Staff cited provisions in 10 GCA and 21 GCA establishing minimum lot sizes in groundwater protection zones: the record shows 19,200 square feet listed for Type 2 systems and 9,600 square feet for Type 4 systems in the cited statutory language. Board discussion addressed how accessory dwelling units (ADUs) and density limits interact with those minimums; staff said planning assumptions treat studio/one‑bedroom ADUs as a two‑person occupancy for septic‑loading calculations. The transcript includes some conflicting remarks about the draft’s maximum ADU square‑foot figure; staff said they would verify the exact numeric limit.

- Fees and staffing: Board members and staff discussed how fee revenue will support program staffing. Agency staff recommended adding explicit regulatory language that fees collected would be used to support Water Division operations, permitting and related program needs. The board asked staff to insert that text before the package is sent to the Office of the Attorney General and the governor’s office. Staff also said the proposed fee schedule was developed by estimating staff time for reviews and inspections and by comparing regional fee levels adjusted for inflation.

Board action and next steps

Steven Kerr moved to adopt the revised 22 GAR Division 2, Chapter 12 regulations; a board member seconded. Chair Stephen Carvalito called for the vote and announced the motion carried. The board recorded no opposition; the five board members present voted in favor.

Agency staff said the regulations will next go to the Office of the Attorney General and the governor for review and signature as required by law. Staff also told the board they will:

- Add language clarifying that fee revenue will be used to support Water Division operations and not be transferred to general funds; - Verify and publish the list of approved Type 4 system installers and approved O&M providers; and - Finalize sections restored to the definitions list prior to submission to the legislature.

Quotes

“This is from old reg to what you read, not a change to what you read,” the staff member said when summarizing edits made between the previous regulation and the current draft.

“If there is no treatment option, the holding tank is the last resort,” said a board member during the discussion; staff concurred.

Regulatory and legal references mentioned in the meeting

The presenter and board referred repeatedly to existing Guam law and code sections when describing cross‑references in the draft, including 22 GAR (Division 2, Chapter 12), 10 GCA Chapter 48 (citations discussed during the meeting), and 21 GCA section(s) noted for groundwater protection rules. Staff said they compared the draft against zoning and subdivision laws to reduce conflicts before the submission to AG and the governor.

What was not decided

The board adopted the draft as presented and requested clarifying language and fee‑use text; it did not finalize the externally required legal reviews (AG/governor) or publish a final certified installer list at the meeting. Staff told the board they will return with completed lists and any clarifications needed before the package goes to the legislature.

Ending

The board’s approval moves the draft regulations to the Attorney General and governor’s review. Agency staff said they will circulate updates to the board on the finalized fee‑use language, the certified‑installer list and the restored definitions before the next regulatory milestone.