Guam § 48125 - Permitting of Type 4 Facilities and Holding Tanks.

§ 48125. Permitting of Type 4 Facilities and Holding Tanks.

(a) Interim Permitting Authority.

(1) GEPA has the authority to grant construction and operating permits for Type 4 facilities and

holding tanks prior to the issuance of regulations for such systems, pursuant to the requirements under

this Section.

(2) This authority, through GEPA, shall expire upon the issuance of such regulations, and in no

case no later than twelve (12) months after enactment of this Section.

(3) Interim Fees. Applications for construction permits under this Section shall be charged a fee

of One Hundred Dollars ($100.00), payable to The Fund. The interim fee for an operating permit shall

be Forty Dollars ($40.00), also payable to The Fund. The fees for construction permit applications and

operating permits shall be established by GEPA after its due diligent inquiry into the administrative

expenses necessary for the administration of permits.

(b) Approval of Type 4 Facilities and Holding Tanks.

(1) All Type 4 facilities must be listed as approved under NSF/ANSI Standard 245, Wastewater

Treatment Systems - Nitrogen Reduction.

(2) All applications for a holding tank must include a five (5)-year economic cost analysis

comparing the cost of constructing and pumping the holding tank to the cost of connecting to public

sewer.

COL 2024-12-05

(3) Holding Tanks. Construction of all holding tanks shall be subject to the requirements of

Section 805 of the International Private Sewage Disposal Code, as adopted under 21 GCA, Chapter

67, § 67101.4.

(c) Operating Permits Required.

(1) Operation of Type 4 facilities shall require issuance of an operating permit at a frequency

determined by the Administrator and pursuant to § 48125(a)(3) of this Chapter. The operating permit

shall include conditions as required by regulation and shall require the owner of the building to submit

a maintenance contract with a GEPA-approved contractor covering the oversight, maintenance and

repairs of the Type 4 facility for the time period covered by the permit subject to regulations to be

promulgated by GEPA pursuant to this Chapter.

(2) Operation of holding tanks shall require annual issuance of an operating permit by the

Administrator. The operating permit shall include conditions as required by regulations promulgated

by GEPA, and shall also require the owner of the building to submit a pumping and disposal contract

with a GEPA-approved contractor to remove and dispose of all wastewater as needed.

(3) Failure to timely renew an operating permit for a Type 4 facility shall be a violation of this

Chapter.

(d) Permit Fees. GEPA shall establish fees for permits, inspections, and related services by regulation.