Guam Water Works proposes new FOG permit and enforcement rules to curb sewer overflows

Evangeline Luhan, senior regulatory analyst for the Guam Water Works Authority, told the Legislature’s General Government Operations and Appropriations committee that GWA is seeking approval of amendments to Title 28 to establish a formal fats, oils and grease (FOG) program including permits, inspections, progressive enforcement and education.

"Right now, GWA has almost 50% of our sanitary sewer overflows are due to fat soil increase within the system," Luhan said, citing the scale of FOG-related blockages and the public-health and environmental costs they create. Luhan said the program would require food service establishments — restaurants, cafeterias, hotels, food trucks and home-based food businesses — to obtain FOG discharge permits, install properly sized grease removal devices (GRDs), maintain inspection and cleaning logs, and use permitted haulers.

Teresa Rojas, counsel to the Guam Water Works Authority, told the committee the rules were transmitted under the Administrative Adjudication Act after a public hearing and comment period and that U.S. EPA Region 9 reviewed the package. "The maximum civil penalty is $7,500," Rojas said, describing the cap for a single occurrence and noting the rules are designed for progressive enforcement with education and notice before higher penalties or service termination.

GWA said the proposed regulations add specific operational requirements: a 25% solids threshold for GRD capacity, annual permit renewal, and a manifest requirement for haulers listing pickup date, source, volume and disposal method. Luhan said GWA currently requires haulers to be licensed by Guam EPA and would require a GWA permit as well. "But right now, currently, they are shipping it off island," Luhan said of collected FOG; she added GWA’s capital-improvement plans include facilities to treat FOG at wastewater treatment plants in the future.

Committee members asked about timelines and costs. Presenters said GWA is required by a partial consent decree and NPDES obligations to implement a FOG program and that the Legislature has 90 days under the Administrative Adjudication Act to act on the rules. On costs, the presenters gave illustrative figures: a small GRD device might cost roughly $500 plus about $1,000 for installation; cleaning can range from about $200 to more than $1,000 per service depending on device size and frequency.

Vince Laguatna, GWA source control manager, described GWA’s inspection practice and outreach: annual inspections for most FSCs with more frequent checks for repeat noncompliance or designated hot spots (defined by GWA as locations with more than two spills in a year). Luhan said GWA will maintain a FOG database, coordinate inspections with Guam EPA and public health, and report inspection results to federal and local partners.

Presenters emphasized outreach and education for both businesses and residents, including workshops, fact sheets and periodic village collection events coordinated with the Guam Solid Waste Authority. They urged residents to avoid pouring cooking grease down drains and to use paper towels or approved containers for disposal.

Rojas told the committee that because the rules were transmitted under the Administrative Adjudication Act they will be subject to a 90-day legislative review; if the Legislature takes no action the rules proceed through certification and can take effect according to the transmittal process. The committee adjourned after taking testimony; written testimony may be submitted to senator.luhan@guamlegislature.gov.

Next steps: the rules remain under the legislature’s 90-day review; GWA said it has budgeted for outreach and will seek additional inspection staff contingent on program approval.