(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.

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(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

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CH. 48 TOILET FACILITIES AND SEWAGE DISPOSAL

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.