Title 25, Environmental Health

(a) All deposits must be in waste containers or in bags or bundles which conform to specifications set by the solid waste official. (b) Such waste containers shall be available for sale or lease at a place set by the solid waste official. (c) The solid waste official shall establ…

In lieu of requiring the use of waste containers the solid waste official, with the approval of the Director of Health and the Director of ASEPA may place collection bins in collection areas, and in such instances all solid waste shall be deposited therein. History: 1972, PL 12-4…

(a) The solid waste agency shall have the responsibility for the transportation of all solid waste to a disposal site which shall be maintained and operated by the solid waste agency unless otherwise provided by the solid waste official. The solid waste agency shall formulate and…

(a) A person shall not in any way tamper with or damage any solid waste collection bin or waste container so as to interfere with its designated purpose or to detrimentally affect its appearance. (b) A person shall not remove from its place any solid waste collection bin or waste…

(a) Notwithstanding any other provision of law, every owner or operator of a commercial establishment in the Territory shall be responsible for providing and maintaining sufficient and suitable solid waste collection receptacles on his business premises. (b) It shall be the respo…

(a) When solid waste, industrial waste, or other refuse is deposited or allowed to accumulate in violation of 25.2003, or 25.2009,or where there is a violation of any provision of this title, any valid rule promulgated under this title, or any village regulation for health and sa…

(a) The form of the citation shall be approved by the Attorney General, and copies of the form shall be stocked ordered, and paid for by each agency having authority to issue citations under this chapter. (b) Citations shall be signed by the sanitarian or other authorized person …

A citation must be served by personal delivery of a copy thereof to the defendant. History: 1972, PL 12-44 § 8.

A citation may be answered in the manner provided in 25.2031 within 3 business days from the day of the service of the citation. History: 1972, PL 12-44 § 8.

If the citation is not answered by appearance, plea and waiver before the violations bureau before the close of business hours and within 7 business days from the date of the service of the summons, the defendant must appear in the District Court at the time and date indicated th…

A complaint signed and sworn to by the person who issued the citation must be filed with the clerk of the Court before any offense may be heard or plea taken in court. The complaint shall be substantially in the form prescribed for a citation by 25.2011. It may also contain other…

Defendants in a public health action may be represented by an attorney or legal practitioner. History: 1972, PL 12-44 § 8; amd 1979, PL 16-53 § 50. Amendments: 1979 Changed section from “Parties to a public health court action may make use of the services or an attorney or legal …

A warrant may be served by a police officer for the arrest of any person who fails to answer a citation. It shall be supported by a sworn complaint as set out in 25.2015. History: 1972, PL 12-44 § 8.

(a) After reading the complaint to the defendant, the court shall ask the defendant to plead. If the defendant pleads guilty, the court shall proceed with sentencing. If the defendant pleads not guilty, the person who issued the citation shall present the court with the grounds o…

Upon disposition of the case, the court shall prepare an “Abstract of Court Record for Violations Bureau” in substantially the form known as a “Public Health Complaint Abstract of Court Record” and transmit it to the violations bureau. The violations bureau shall keep records to …

(a) The District Court may, unless otherwise specifically provided, impose a fine of : NO LESS THAN NO MORE THAN first offense $50 $100 second offense $100 $200 third offense $400 $500 subsequent offenses $500 $1,000 (b) Additionally, or in lieu of fines, any person found guilty …

Regardless of the disposition of the charge upon which a citation is issued or fine imposed a person is guilty of a misdemeanor if he willfully fails to: (1) answer a lawful citation; or (2) pay a fine imposed under this title within the time required unless retrial is requested.…

The violations bureau shall accept appearances waivers of trial, pleas of guilty and payments of fines for public health offenses subject to the limitations of this section and 25.2031 through 25.2033. It shall operate under the direction and control of the Clerk of the High Cour…

Any person charged with a public health offense may appear before the violations bureau in person before the close of business hours and within 7 business days from the date of the service of the summons and, upon signing a plea of guilty and waiver of trial, pay the fine for the…

Fines imposed by the district court for violations of this chapter shall be paid to, receipted by, and accounted for by the violations bureau during business hours. History: 1972, PL 12-44 § 8; and 1979, PL 16-53 § 56; 2001, PL 27-8. Amendments: 1979 Substituted reference to dist…

If any provision of this chapter or its application to particular persons or circumstances is held invalid by a court of law, the application of such provision to other persons or circumstances shall not be affected, nor shall the remainder of the provisions of this chapter be af…

(a) No wholesale or retail establishment located or doing business in the Territory of American Samoa shall, directly or indirectly, give, provide, or make available plastic shopping bags to customers or consumers. (b) The American Samoa Environmental Protection Agency (“ASEPA”) …