Guam Administrative Code

§ 12101. Authority. Section 45106 of Chapter 45, Title 10 of the GCA authorizes the Guam Environmental Protection Agency to adopt such regulations as may be necessary to implement Chapter 48, Toilet Facilities and Sewage Disposal, of Title 10. 2023 NOTE: As published in the print…

§ 12102. Purpose. The purpose of these regulations is: (a) Protect the health of the septic tank user and his neighbors. (b) To establish minimum standards that will ensure that wastes discharged: 2 REGULATIONS (1) Will not pollute or contaminate the waters of any bathing beach, …

§ 12103. Definitions. (a) Administrator means the Administrator of Guam Environmental Protection Agency or his duly authorized representative. (b) Individual Sewage Disposal System means a system designed and installed to dispose of sewage from a single building or group of build…

§ 12104. Non-Availability of Public Sewer. (a) When public sewer intended to serve any lot or premises is not available in any thoroughfare or right of way abutting such lot or premises, drainage piping from any building or works shall be connected to an approved private sewage d…

§ 12105. Private Sewage Disposal System (General). (a) Where permitted by § 12104, a building may be connected to a private sewage disposal system which complies with other provisions set forth in these regulations. The type of system shall be determined on the basis of location,…

§ 12106. Permit Application Issuance Procedures and Requirements for Wastewater Disposal Systems. (a) Before specific plans and specifications for individual wastewater disposal system permit application are reviewed for compliance with Guam Environmental Protection Agency (GEPA)…

§ 12107. Capacity of Septic Tanks. (a) The net volume or effective capacity below the flow line of a septic tank, for flows up to 500 gpd, should be at least 750 15 REGULATIONS gallons. For flows between 500 and 1500 gpd, the capacity of the tank should equal to at least 1-1/2 da…

§ 12108. Location and Installation of Sewage Disposal System. (a) No part of the system shall be located so that is nearer to any water supply than outlined in Figure 1 and Table II, or so that surface drainage from its location may reach any domestic water supply. The distances …

§ 12109. Area of Disposal Fields. The minimum effective absorption area required for disposal fields in square feet of leachfield bed, shall be predicated on the required size of septic tank for the type of soil percolation rate as established in Table III - "Guidelines for Const…

§ 12110. Septic Tank Design and Construction (Figures 3 and 3A). (a) Septic tank design shall be such as to provide access for cleaning, adequate volume for settling, and for sludge and scum storage. The structural design shall provide for a sound durable tank which will sustain …

§ 12111. Percolation Tests. (a) Individual residences. The absorption areas for disposal field for individual residences whenever applicable shall be computed or determined from Table III when sufficient information about area soils is available. (b) All proposed site shall be su…

§ 12112. Subsurface Absorption Field. (a) Bed Construction (Figure 4) Where percolation rates are faster than 1" per 30 minutes and soil characteristics and site conditions are acceptable to the Administrator, an absorption bed system may be installed. 27 REGULATIONS (b) Trench C…

§ 12113. Inspection of Work in Progress. The project shall be inspected on regular basis by inspectors from the Guam Environmental Protection Agency (GEPA) to assure that construction of septic tanks and leaching systems or grease trap are in compliance with approved plans and sp…

§ 12114. Stop Work Orders. In the event a project is commenced without a septic tank and leaching system permit, or work performed is not in accordance with approved plans and specifications or any approved changes or revisions thereto, or unsafe construction practices are contin…

§ 12115. Certificate of Occupancy. After final inspection of the septic tank and leaching system indicates that the work per formed was done in accordance with approved plans and specifications and has met all GEPA requirements, the Administrator or his authorized representative …

§ 12116. Temporary Toilet Facilities (TTF). (a) Temporary Toilet Facilities (TTF) shall be provided for: (1) any construction job-site where working toilets connected to an approved type sanitary disposal system are insufficient or unavailable or such facilities are determined to…

§ 12117. Cleaning Wastewater System, Disposal of Wastewater, Requirements and Procedures. (a) No person shall engage in the business of cleaning individual sewage disposal system or disposing of the waste therefrom unless; a business license has been secured from the Department o…

§ 12118. Maintenance. (a) Maintenance of septic tanks and leaching fields shall be the responsibility of the owner, lessee, occupant, or person in possession of property, unless mutually agreeable arrangements are made with a private company. (b) Owners of septic tanks shall empt…

§ 12119. Sample Design Illustration. (a) Flow Estimate 45 REGULATIONS Given: 3 BR House with washing machine and garbage grinder 2 person per bedroom 75 gallons per person per day Additional: 40% of flow for washing machine 20% of flow for garbage grinder Flow: 3 BR x 2 person/Br…

§ 12120. Penalty. (a) Any person who violates any provisions of this regulations or who refuses or neglects to comply with any lawful order issued by the Administrator shall be guilty of misdemeanor and subject to a fine not to exceed $1,000.00. Each day of violation shall consti…

§ 15101. Words in Singular Form. For purposes of this Chapter, words used in the singular form shall include the plural and vice-versa, as appropriate.

§ 15102. Definitions. Terms and expressions used in this Chapter but not defined below, shall have the meanings set forth in 10 GCA §50102. For purposes of this Chapter, the following terms and expressions shall have the meanings set forth below: (a) Act shall mean “The Guam Pest…

§ 15201. Registration, Label and Labeling Requirements. Every pesticide product sold and distributed in Guam must be registered with USEPA and shall bear a label or labeling conforming to 10 GCA §50108 and all applicable local and federal requirements. All persons must maintain t…

§ 15202. Sale of Restricted Use Pesticides. No restricted use pesticide shall be sold to a person who is not a certified pesticide applicator. (a) Dealers and Sales Outlets. 5 (1) Dealer’s License Required. No person shall sell a restricted use pesticide unless he has obtained a …

§ 15301. Record Keeping and Reporting Requirements for Application. Record keeping is required for all applicators who apply any amount of restricted use pesticides. Applicators shall keep and maintain, for the period of at least two (2) years, routine operational records, copies…

§ 15302. Disposal. (a) Pesticides, empty containers (or parts thereof), or equipment that holds (or has held) a pesticide, shall not be emptied or disposed of in such a manner that may present a hazard to persons, animals (especially bees), food, feed, crops or property. (b) Empt…

§ 15303. Storage and Display. No person shall store or display pesticides in violation of the USEPA-accepted label or labeling or local or federal requirements. All pesticides must be stored in the following manner: (a) No pesticide, empty pesticide container (or parts thereof), …

§ 15304. Transportation. Pest Control Operators transporting pesticides must have a company logo readily recognizable to the public on all vehicles 9 used for such transportation. Such vehicles shall not be used for transportation of passengers and pets until such time that the p…

§ 15305. Notice of Intent. (a) Notice of Intent: Structural Pesticide Application (NOI: SPA). Any person intending to perform structural pesticide applications for termites (including pre- or post- construction treatments to soil), must submit a notice of intent for structural pe…

§ 15306. Posting of Signs. (a) RUP-Treated Areas. At least one (1) hour prior to any restricted use pesticide application, the project manager shall assure that warning signs, which must be written in the English language, are posted within fifty (50) feet of all entrances leadin…

§ 15307. Special Requirements for Foggers. (a) Ventilation. Pest Control Operators and for-hire applicators of foggers must follow all requirements listed on the USEPA-accepted label. Applicators must verify that there is no evidence of fogging fumes in the treated area prior to …

§ 15308. Special Requirements for Aerial Pesticide Application. (a) Aerial Pesticide Application Permit Required. No person shall apply any pesticides by aircraft unless specifically permitted by the accepted USEPA label; and unless he has obtained a Guam EPA “Aerial Pesticide Ap…

§ 15309. Worker Protection Standard (WPS). (a) Worker Protection Standard (WPS) is a federal regulation aimed at reducing the risk of pesticide poisoning and injuries among workers, handlers, and volunteer workers who work in any farm, forest, greenhouse or nursery. (b) All agric…

§ 15401. Notice of Arrival. (a) Notice of Arrival Form. Any person desiring to import pesticides or pesticide devices into Guam – regardless of origin, type and quantity – shall submit to the Administrator a completed Guam EPA “Notice of Arrival” (NOA) form, no later than ten (10…

§ 15402. Arrival of Shipment. (a) Notice of Arrival Presented. Upon the arrival of a shipment, the importer, or his designee, shall present to the Customs Officer at the port of entry an approved and signed NOA which indicates the action to be taken by the Customs Officer with re…

§ 15403. Release of Shipment or Entry Refused. (a) If the signed and approved NOA directs the Customs Officer to release the shipment of pesticides or devices, and from examination if it appears to be in compliance, the shipment shall be released to the importer or his designee. …

§ 15404. Sample of Imports. (a) Upon the request of the Administrator, either on the NOA or otherwise written request, the Customs Officer shall allow the Administrator, or his designee, to collect samples from a shipment. If the sample is found to be in compliance with local and…

§ 15501. Exemptions. The pesticides or classes of pesticides listed in this section have been determined to be of a character not requiring regulation under FIFRA, and are therefore exempt from all provisions of FIFRA, the Act and this Chapter when intended for use, and used, onl…

§ 15502. Determination by Use. Some products are not pesticides because they are not deemed to be used for a pesticidal effect. A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not consi…

§ 15503. Locally Designated Restricted Use Pesticides. (a) Local Designation Authority. Pursuant to 10 GCA §50103(3), the Board, or its designee, has the authority to designate a restricted use pesticide. The consideration and designation of a restricted use pesticide must be don…

§ 15601. Instructor Qualifications. Basic Training, Core Training, or Category Training may be offered by the University of Guam, the Guam Community College or an independent contractor. Any person intending to provide any type of training must first meet the requirements set for…

§ 15602. General Use Pesticide Training Certification. (a) Basic Training. (1) Basic Training-A (“BT-A”). BT-A is required for applicants who are paid housekeeping workers including, but not limited to, cleaners and janitors in hotels, hospitals, apartment complexes or condominiu…

§ 15603. Restricted Use Pesticide Training Certification. (a) Certification of RUP-Applicators. Category Training is required for all restricted use pesticide applicators. Satisfactory completion of Core Training is required as a prerequisite for Category Training. Category Train…

§ 15604. Course and Exam Offerings. Training course and exam offerings are subject to space and instructor availability. Exams, however, will be offered at least once per month. ARTICLE 7 LICENSES, PERMITS, CERTIFICATION CARDS AND FEES…

§ 15701. Special Licenses. (a) Pest Control Operator (PCO) License. Any person intending to conduct structural pest control in or around residential and commercial buildings shall obtain a PCO License from Guam EPA prior to conducting any structural pest control. 45 (b) Pesticide…

§ 15702. Permits. (a) Fumigation Permit. Any person intending to perform any fumigation must first obtain a Fumigation Permit from Guam EPA. An application for a Fumigation Permit shall be on a form prescribed by the Administrator and shall include, at minimum: (1) Information on…

§ 15703. Qualification and Certification Cards. Any person intending to apply pesticides as part of their occupational duties must first obtain a qualification/certification card from Guam EPA. Qualification/Certification cards shall be issued after successful completion of the a…

§ 15704. Fees. In order to fulfill the duties and responsibilities associated with the implementation of these regulations, the Agency hereby establishes conditions and fees as set forth in Table 1 of this Chapter. All fees shall be paid to and deposited into “The Pesticide Manag…

§ 15801. Enforcement Authorities. (a) The rules and regulations in this Chapter are promulgated by the Agency pursuant to 10 GCA Chapter, “The Guam Pesticides Act”. The Act also specifies the Agency’s authority to inspect and take necessary enforcement actions to carry out the pr…

§ 15802. Enforcement Procedures. All enforcement procedures shall comply with 5 GCA Chapter 9 – “The Guam Administrative Adjudication Law” and 10 GCA Chapter 50 – “The Guam Pesticides Act”. (a) Notice of Violation and Order of Compliance (NOV/OC). If – from an inspection, complai…