American Samoa Administrative Code

All rules, written statements, policies, and interpretations formulated and adopted for use by the commission in the discharge of its functions and final orders, decisions, and opinions will be maintained in the Governor’s office at Utulei and shall be available for public inspec…

The policy of the commission is stated in24.0102 A.S.C.A.: “(a) It is the public policy of this territory and the purpose of this chapter (Chapter 24.01 A.S.C.A.) to achieve and maintain such levels of air and water quality as will protect human health and safety, and to the grea…

Pursuant to 24.0106 A.S.C.A., the commission may: (1) hold hearings as necessary relating to any aspect of or matter in the administration of Chapter 24.01 A.S.C.A., and compel the attendance of witnesses and the production of evidence (2) issue such orders as may be necessary to…

(a) The commission prohibits the construction or modification of any sources, installation, modification, or use of any equipment, device, or other article which may cause or contribute to air or water pollution or which is intended primarily to prevent or control the emission of…

Requests for permits shall be submitted to the commission on the forms provided to applicants by the commission. History: Env. Qual. Comm. Regs.. eff prior to 1975. § 2.02.

The commission requires that applications for such permits be accompanied by plans, specifications, and such other information as it deems necessary. History: Env. Qual, Comm. Regs, eff prior to 1975, § 2.03.

All applications will be publicly posted and public hearings will be held if requested by an interested party within 30 days of posting. History: Env. Qual. Comm. Regs., eff prior to 1975, § 2.04.

The commission may issue, suspend, revoke, or renew any permits required pursuant to this article, and in no case will issue permits exceeding 5 years in duration. History: Env. Qual. Comm. Regs., eff prior to 1975, § 2.05.

Copies of all applications shall be forwarded to the U.S. Environmental Protection Agency, U.S. Coast Guard, and public health division of the department of health. History: Env. Qual. Comm. Regs., eff prior to 1975, § 2.06; and Rule 8-88. eff 27 Nov 88.§ .1.

The commission shall notify all appropriate ASG agencies and afford them opportunity to submit written recommendations. History: Env. Qual. Comm. Regs. eff prior to 1975, § 2.07.

Prior to permit issuance, the commission shall consult with the U.S. Environmental Protection Agency, U.S. Army of Engineers, and the U.S. Coast Guard. The commission may also consult with other public or private agencies as it deems appropriate. History: Env. Qual. Comm. Regs., …

Permits issued by the commission may be modified or terminated for cause, including but not limited to misrepresentation, or failure to disclose fully all relevant facts, or violation of the conditions of the permit, or change in any condition requiring either temporary or perman…

Within 90 days of the receipt of any application required pursuant to this article, the commission shall issue such permit unless it is determined that the proposed construction or modification will not be in accordance with Cit. 24.01 A.S.C.A., or rules promulgated thereunder, i…

In addition to any other remedies available on account of the issuance of any order prohibiting construction, installation, or establishment, and prior to invoking any such remedies, the person or persons aggrieved thereby shall, upon request m accordance with rules of the commis…

For the purposes of this article, addition to or enlargement or replacement of an air or water contaminant source, or any major alteration therein, shall be construed as construction, installation, or establishment of a new air or water pollution source. History: Env. Qual.. Comm…

Nothing in this article shall be construed to authorize the commission to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment …

The absence or failure to issue a rule, regulation, or order pursuant to this article shall not relieve any person from compliance with any emission or discharge control requirements or with any other provision of law. History: Env. Qual. Comm. Regs., eff prior to 1975, § 2.15.

The commission establishes a territory-wide system under which a permit is required for the construction and operation of new sources of air pollution, and construction and operation, or modification to, existing sources. The commission may delay or prevent any construction, modi…

The commission may carry out a program of inspection testing of all modes of transportation to enforce the plans applicable to emission standards when necessary and practicable, and to control or limit the operation of motor vehicles and other modes of transportation when, in the…

Any duly authorized officer, employee, or representative of the environmental quality commission may enter and inspect, during reasonable hours, any building or place except a building primarily designed for and used exclusively for a private residence for the purposes of investi…

The commission may conduct tests and take samples of air and water contaminants, fuel, process materials, or other materials which affect or may affect emission or discharge of air or water pollution from any source and copy data maintained by the owner or operator of the premise…

The commission may require the operator of a pollution source to install monitoring equipment and conduct tests, collect, monitor, maintain records and data, and submit reports on emission and discharge parameters specified by the commission. History: Env. Qual. Comm. Regs., eff …

The commission reaffirms the air pollution strategy contained in the air implementation plan for the territory, as that strategy is necessary to maintain high air quality within the territory. All federal rules, regulations, and law will also be strictly adhered to within the ter…

Discharges into the waters of the territory must comply with all rules of the commission and “National Pollutant Discharge Elimination System Rules and Regulations” promulgated by the federal Environmental Protection Agency. All applicable NPDES forms will be used by the commissi…

When the chairman of the commission finds that a generalized condition of air or water pollution exists or that emissions or discharges of one or more air or water contaminant sources is causing imminent danger to human health and safety and that it creates an emergency requiring…

Upon receipt of evidence that a pollution source or combination of sources is presenting imminent and substantial endangerment to the health of persons, the commission may bring a suit to immediately restrain any person causing or contributing to such pollution. History: Env. Qua…

No rule and no amendment or repeal thereof shall take effect except after public hearing on due notice as provided in the Chapter 4.10 A.S.C.A. History: Env. Qual. Comm. Regs., eff. prior to 1975, § 8.01.

Nothing in this article shall be construed to require a hearing prior to the issuance of an emergency order pursuant to 24.0106 A.S.C.A. History: Env. Qual. Comm. Regs., eff prior to 1975, § 8.02.

Any person aggrieved by an order of the commission may have judicial review thereof by filing a petition with the High Court of American Samoa no later than 20 days after being notified that the order has been entered. The petition shall seek an order by the High Court which dire…

In the event the commission petitions the High Court for an injunction pursuant to 24.0152 A.S.C.A., the High Court shall grant such injunction unless the High Court finds from a review of all the evidence which was before the commission that the commission acted arbitrarily or c…

Any records, reports, or information obtained shall be available to the public except that upon a showing satisfactory to the commission by any person that records, reports, or information, or a particular part thereof (other than emission or discharge data), to which the commiss…

Nothing in this chapter shall be construed to prevent the use of such records or information by the commission in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; provided that such analyses or summaries do not identify an…

Nothing in this chapter shall be construed to prevent disclosure of such reports, records, or information to federal, state, or local representatives as necessary for purposes of administration of any federal, state, or local air or water pollution control laws, or when relevant …

Whenever the commission has reason to believe that a violation of any provision of any rule pursuant to Chapter 24.01 A.S.C.A., has occurred, it may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provisions of Chapter 24.01 …

If after a hearing held pursuant to 24.0115, the commission finds that a violation or violations have occurred, it shall affirm or modify its order previously issued, or issue an appropriate order or orders for the prevention, abatement or control of the emissions or discharges i…

In the event the procedures outlined in 24.0155 and 24.0156 are followed and the offender falls to comply with the order issued by the commission, the commission, in addition to other remedies set out in this chapter, may apply to the High Court of American Samoa for an injunctio…

Nothing shall prevent the commission from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. History: Env. Qual. Comm. Regs., eff prior to 1975. § 6.04.

Penalties for violation of this chapter shall be the same as for the violation of Chapter 24.01 A.S.C.A., as amended. History: Env. Qual. Comm. Regs.. eff prior to 1975. § 6.05.

As used in this chapter and in conformance with the Federal Water Pollution Control Act, as amended: “acute exposure value” means the threshold value at or below which there should be no unacceptable effects to aquatic organisms and their uses if the one-hour concentration does n…

(a) It is the policy of the Environmental Quality Commission (EQC) that existing water uses and the level of water quality necessary to protect existing uses shall be maintained. Any water quality degradation which would interfere with or become injurious to these existing uses i…

These standards are adopted under the provisions of the Territorial-Environmental Quality Act. History: Rule 8-81, eff 16 Jun 81, § 1; Rule 6-05, eff 2005. Amendments: Rewording and renumbering. Amendments: Rewording and renumbering.

The EQC may revise these standards at any time following applicable APA procedures, as set forth in Title 04, Chapter 10 ASCA. The EQC will submit any such revisions to USEPA in accordance with 303(c) of the Federal Water Pollution Control Act, as amended. History: Rule 6-05, eff…

(a) Prohibited uses and activities applicable to all waters: (1) Dumping of solid waste, including dead animals directly into the water or in a manner that could reasonably be expected to adversely affect water quality; (2) The discharge of oil, sludge, oil refuse, fuel oil, or b…

The following standards apply to all territorial and ground waters including but not limited to fresh surface waters, ground waters, embayments, open coastal waters, and oceanic waters of the territory, except as otherwise provided in 24.0207 (Zones of Mixing): (a) They shall be …

(a) Policy: Zone of mixing Human activities may result in the practical need to discharge pollutants through point sources into the waters of the territory. And, because of technological, .economic and other factors, it may not always be feasible to achieve an effluent quality th…

(a) General Any private or public development which would constitute a source of pollution to the waters of American Samoa shall provide the degree of waste treatment and/or operational and management practices necessary to preserve the quality of these waters. (b) Land Disturbin…

(a) Water Quality Certification Issuance Water quality certifications may be issued by the EQC for any proposed activity that is found not to violate applicable water quality standards and Sections 301, 302, 303, 306, and 307 of the Federal Clean Water Act, as amended. A water qu…

(a) Enforcement Authority Enforcement of these standards shall be in accordance with the applicable provisions of the Environmental Quality Act, Title 24, Chapter 01, ASCA. (b) Determination of Compliance With Ambient Standards (1) Compliance with numeric water quality standards …

Whenever in this chapter, except 24.0319 through 24.0322, the following words, names, or terms are used they shall be construed, respectively, to means as set out in this section: (a) “Cattle” means animals of the bovine species. (b) “Domestic animal” means cattle, sheep, goats, …

No person, firm, or corporation shall import or bring into American Samoa any animals, domestic or otherwise, except in accordance with the provisions of this chapter: nor shall any animals be handled or moved after physical entry into American Samoa and before final release from…