American Samoa Administrative Code

No person shall place special wastes upon or at any area authorized for placement of solid waste for collection under 25.0503(b), or upon any public street, road, highway or other public thoroughfare, or any part thereof, or upon or at disposal facilities which have not been desi…

No person shall dump or dispose of any solid waste upon any public or private premises, including any water course or drainage facility, except upon or at disposal facilities. History: Rule 10-88. eff 9 Oct 88, § 1.

The director shall establish and administer a comprehensive disposal facility site management plan for each disposal facility designated by the director of health. Each plan shall be provided to the licensed operator of the disposal facility to which it applies, and a public info…

No person shall engage in any business which involves the collecting of any solid waste from any building or premises other than his own solid waste without first obtaining a solid waste collection license as provided in 25.0522 and a business license as provided in 27.0201 ASCA …

(a) Application. Application for a solid waste collection license to engage in the business of solid waste collection shall be made to the director. The applicant shall state thereon his name and business address, the nature of materials to be collected, the manner in which and t…

Every solid waste collection license issued under this article shall be subject to the following conditions: (a) All vehicles used by the licensed collector for the collection of solid waste shall be so designed and constructed as to prevent the spilling and scattering of its con…

(a) No person shall operate or maintain a business or institution without arranging or providing for the collection of all solid waste therefrom. (b) Where the collection of solid waste is to be made by a licensed collector, the owner or occupant of the business or institution sh…

Every owner of a private or public dwelling shall prepare and place solid waste for collection by a 1,icensed collector in the manner set forth in 25.0503, unless such owner has made other provisions for solid waste collection or disposal in accordance with 25.0502. In the case o…

A licensed collector shall provide solid waste collection services to buildings of the government and the U.S. Government, including public schools, upon being requested to do so by the authorities responsible for such buildings. History: Rule 10-88, eff 9 Oct 88, § 1.

All solid waste hauled to disposal facilities by any person other than a licensed collector shall be handled and transported in such a manner as to prevent scattering, spilling or leaking of the same and to otherwise avoid committing a nuisance or violation of any law or rule of …

(a) For the receipt and disposal of solid wastes delivered to disposal facilities, the following unit charges shall apply: (1) For garbage and rubbish, $1 per cubic yard or fraction thereof. The minimum charge per truckload shall be $3. (2) For derelict vehicles, $25 each to disp…

There shall be a $ 25 charged to the landowner or occupant, payable to the licensed collector or director, for the collection or disposal of dead animals described in 25.0507 from nonpublic property. History: Rule 10-88, eff 9 Oct 88. § 1.

All fees and charges collected by the government under this chapter shall be deposited into an earmarked “solid waste collection fund.” History: Rule 10-88, eff 9 Oct 88. § 1.

Any persons violating any provisions of this chapter is guilty of a class C misdemeanor under 25.0110 ASCA and may upon conviction be punished by a fine not exceeding $300 or imprisonment for a period not exceeding 15 days, or both. History: Rule 10-88. eff 9 Oct 88. § 1.

(a) If a licensed collector; has been convicted, under 25.0110AsCA, the director shall have the power to suspend, for any part of the remaining term of the license, or revoke the solid waste collection license issued to the licensed collector. Suspension and revocation proceeding…

In case of any breach of any condition of any bond issued pursuant to 25.0522(b), the director may enforce the bond. History: Rule 10-88, eff 9 Oct 88, § 1.

The rule codified in this chapter is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa and 26.0105(b) and 26.0106(e) A.S.C.A. History: Rule 13-79 (Ex. Ord. 4-1979). eff 19 Dec 79, § 1; repealed and replaced by Rule 4-89, eff 27 Ju…

The Territorial Disaster Assistance Plan of 1989, including all annexes, as revised from time to time, prepared and maintained by the office of territory emergency management coordination pursuant to 26.0106(b) A.S.C.A., is approved and incorporated in full by reference herein, a…

In accordance with 26.0105(b) and 26.0106(e) A.S.C.A., the rule codified in this chapter, and the Territorial Disaster Assistance Plan, as incorporated herein, have the force and effect of law. History: Rule 13-79 (Ex. Ord. 4-1979), eff 19 Dec 79, § 3; repealed and replaced by Ru…

The American Samoa Coastal Management Program administrative code is adopted pursuant to authority granted the Department of Commerce under Public Law 21-35, the American Samoa Coastal Management Act of 1990, ASCA §§ 24.0501 et. seq. History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg…

The provisions of this chapter govern the administration of the American Samoa Coastal Management Program. The Act mandates the establishment of a system of environmental review, along with economic and technical considerations, at the territorial level intended to ensure that en…

The provisions of this chapter shall be construed to secure the just and efficient administration of the Act. In any conflict between a general provision and a specific provision, the specific shall control over the general. History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Or…

The following definitions shall apply: A. Act means the American Samoa Coastal Management Act of 1990, ASCA §§ 24.0501 et. seq. B. Agency means any executive, autonomous, or legislative board, department, office, commission, committee, or other instrumentality created by the Revi…

A. All territorial agencies and their employees shall conform to the provisions of this chapter. These agencies shall ensure that their activities, or any possible indirect result of their activities, shall further the purposes, objectives and policies of the Act. B. The Director…

A. There is established and consolidated within the Department of Commerce a streamlined land use permit system that integrates the permitting requirements of each of the territorial agencies concerned with environmental management and shall be known as the Project Notification a…

A. Applicability. All persons proposing to undertake any action which may cause or threaten an adverse impact to coastal resources shall apply for a land use permit, except where specifically exempted by law. 1. A land use permit means a written authorization signed by the Direct…

A. Grandfathered use. 1. Grandfathered use means any non-conforming structure that was a previously lawful project, use or activity existing as of May 29, 1980, the date that the Act was enacted, but that is not in conformity with the current provisions. 2. Grandfathered uses may…

A. Acceptance for review. Acceptance for review means a formal determination that a document is sufficiently complete to commence its review. 1. Upon filing the application with the Department of Commerce, the Manager shall ensure that the application is complete, that the vicini…

A. Issuance and duration 1. Upon a determination by the Manager in the case of a minor project, or recommendation of the Board in the case of a major project, the Director shall approve, approve with conditions, or deny the land use permit application. 2. Physical development of …

A. An amendment to a land use permit shall be required of all projects before significant alterations or expansions occur. B. The permittee shall submit a revised land use permit application for consideration of the Board as consistent with the provisions of this chapter. C. Alte…

A. Upon a declaration of a state of emergency by the Governor, due to a natural catastrophe or other act of God, or that the provision of emergency services or repairs is necessary for the public good, including the preservation of human life and property, an emergency land use p…

A. The Manager, or any Board member agency, shall have the authority and duty to investigate, monitor and regulate any and all projects, uses and activities that require a land use permit pursuant to the provisions of this chapter. B. An application for a land use permit shall co…

A. The Manager may issue a stop work order, upon finding reasonable cause to believe that a project, use or action violates one or more provisions of the Act, the provisions of this chapter or the terms and conditions of a land use permit or that an imminent threat exists of adve…

A. Citations. 1. A person shall not engage in activities without an approved land use permit, including but not limited to: site preparation, filling, grading, dredging, excavation, erection or siting of temporary or permanent structures or the permanent siting of containers. 2. …

A. If the Manager determines that a land use permittee has violated a provision of the Act, a provision of this chapter or any provision of a land use permit, or that an imminent threat exists to coastal resources or the public’s health, safety, or welfare, a land use permit may …

A. Any person with standing who is aggrieved by any decision of the Manager or the Board may file a motion for reconsideration and appeal the decision. B. The following persons have standing to file a motion for reconsideration and appeal a minor land use permit decision of the A…

A. Motion for reconsideration 1. No appeal of a decision of the Board shall be allowed unless a motion for reconsideration is filed with the Board within ten (10) days of the Board decision being moved for reconsideration. Motions for reconsideration shall be heard by the Board a…

A. An appeal of the Board’s decision on the motion for reconsideration shall be filed within ten (10) days of the Board’s decision, provided that such appeal is submitted in writing to the Director and contains the information required for a motion for reconsideration. B. Within …

A. As a requirement for approval, all projects shall satisfy or be conditioned to satisfy the following criteria: 1. The Project Notification and Review System shall be sensitive to the fa’aSamoa which means the traditional Samoan way of life, including but not limited to: a. rec…

A. Special Management Areas mean those areas duly designated by the Act or the provisions of this chapter that possess unique and irreplaceable habitat, products or materials, offer beneficial functions or affect the cultural values or quality of life significant to the general p…

A. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically and adapted for life in saturated soil conditions. 1. The ph…

A. Coastal hazards policy 1. Coastal hazards means hazards to life and property from flooding, tsunamis, landslides, slope, and shoreline erosion, storm surge, and winds. 2. Life and property shall be protected from such coastal hazards. 3. Projects, uses or activities in coastal…

A. Procedures 1. Environmental assessment means a written evaluation to determine whether an action may have a significant adverse impact on the coastal zone. 2. Activities subject to these provisions. The Board shall require an environmental assessment if: a. any member or membe…

A. Applicability. When a proposed project, use or activity is be subject both to the National Environmental Policy Act, as amended, 42 USC §§ 4321 – 4370, as amended by Public Law 94-52 and Public Law 94-83; and this section, the following shall occur; B. The applicant shall noti…

A. Application. Federal actions (including direct federal activities and development projects, federal license or permit activities, and federal assistance activities) shall be conducted consistent the provisions of this chapter, if the action is reasonably likely to affect any l…

A. The American Samoa Coastal Management Program shall make information and educational materials available to the public and any Territorial agencies and officials. The information shall, to the extent practicable, be in the vernacular appropriate for American Samoa and translat…

A. The Department of Commerce shall retain and preserve the following records for a minimum of five (5) years following their receipt, or in the case of a land use permit, for five (5) years following the last agency action. After five (5) years, the following materials shall be …

If any provision of this chapter, or the application of any provision of this chapter to any person or any other instrumentality, shall be held invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected. History: Rule 8-80 (Ex. Ord. 03-80); …

As used in this chapter the terms defined in 26.0303 A.S.C.A. shall have the meanings ascribed to them in that section and as supplemented, explained and further defined in this chapter. History: Rule 5-88, eff 13 Jul 88.

The zoning board derives its authority from 26.0304 A.S.C.A., and pursuant to the zoning act at 26.0301 A.S.C.A., et seq. promulgated these rules. History: Rule 5-88, eff 13 Jul 88.