Title 24 — Ecosystem Protection and Development

This chapter shall be known as the Environmental Quality Act. History: 1972, PL 12-45 § 1.

(a) It is the public policy of this Territory and the purpose of this chapter to achieve and maintain such levels of air and water quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster…

(a) As used in this chapter: (1) “Air pollutant” means any pollution agent or combination of such agents, including any physical, chemical, biological, radioactive substance or matter which is emitted into or otherwise enters the ambient air. Such term shall also include odorous …

Except as specifically provided herein: (a) The Chairman of the Environmental Quality Commission has the responsibility for the administration of this chapter. (b) The Chairman shall administer the provisions of this chapter in accordance with the Commission’s rules, orders, stan…

(a) There is an Environmental Quality Commission referred to in this chapter as the Commission. The Commission consists of 5 members to be appointed by the Governor to serve for an indefinite period of time. (b) The Commission shall meet at least 4 times per year at regularly sch…

In addition to the other powers and duties conferred upon it by this chapter, the Commission is authorized and directed to: (1) adopt, amend and repeal rules implementing and consistent with this chapter; (2) hold hearings relating to any aspect of or matter in the administration…

The Commission may establish such emission and discharge control requirements, by rule, as in its judgment may be necessary to prevent, abate or control pollution. Such requirements may be for the Territory as a whole or may vary from area to area, as may be appropriate to facili…

(a) The Commission may require the owner or operator of any potential source to establish, maintain, and submit such records, make such reports, install, use, and maintain such monitoring equipment or methods, sample such emissions or discharges in accordance with such methods an…

(a) Any records, reports or information obtained by the Commission shall be government information available to the public for inspection, except that upon a showing satisfactory to the Commission by any person that records, reports, information or a particular part thereof, othe…

Nothing in this chapter may be construed to: (1) grant to the Commission any jurisdiction or authority with respect to air pollution existing solely within commercial and industrial plants, works, or shops; (2) affect the relations between employers and employees with respect to …

(a) The Commission may establish and operate a Territory-wide program under which a permit shall be required for the construction, reconstruction, operation of or modification to new and existing major stationary sources of air pollution and non-major stationary sources of hazard…

(a) The executive secretary shall set fees for permits issued pursuant to this chapter to be paid by the applicant at rates and schedules established by the Commission. (b) All monies collected as fees shall be deposited in the Stationary Air Pollution Source Fund established pur…

There is established a fund to be known as the Stationary Air Pollution Source Fund which shall be maintained separate and apart from any other funds of the American Samoa Government, and shall be administered by the Executive Secretary. Independent records and accounts shall be …

(a) The Commission by regulation shall prohibit the construction, reconstruction or modification of any new or existing sources of pollution, or the installation, modification, or use of any equipment, device or other article which it finds may cause or contribute to pollution or…

(a) Requests for permits shall be submitted to the Commission on permit application forms provided to applicants by the Commission. (b) The Commission may require permit applications to be accompanied by compliance plans and certifications, other plans, specifications, monitoring…

(a) Where public participation is deemed appropriate by the Executive Secretary or is required by law, the Executive Secretary shall notify the public of the availability in one location of all information on the subject matter, including all information submitted by the applican…

(a) For new and existing major stationary sources of air pollution and non-major HAP sources, within 12 months of the receipt of any complete permit application, the Commission shall issue such permit unless it is determined that the proposed construction, reconstruction, operati…

In addition to any other remedies available on account of the issuance of any order prohibiting any construction, reconstruction, operation or modification, and prior to invoking any such remedies, the person or persons aggrieved thereby shall, upon request in accordance with the…

The applicant and any person who participated in the public comment process, if provided, may obtain judicial review in the courts of this Territory of the final action on a permit issuance, significant modification or renewal application. This is in addition to judicial review o…

Any features, machines or devices constituting parts of or called for by plans, specifications or other information submitted pursuant to 24.0119 shall be maintained in good working order. History: 1972, PL 12-45 § 1, 2000, PL 26-22.

The Commission shall provide, by rule for the termination, renewal, suspension, reopening, modification or revocation and re-issuance of any permits which it may require pursuant to 24.0115 through 24.0127. History: 1972, PL 12-45 § 1, 2000, PL 26-22.

Nothing in 24.0115 through 24.0127 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 e…

The absence or failure to issue a rule or order pursuant to this section shall not relieve any per-son from compliance with any emission or discharge control requirements or with any other provision of law. History: 1972, PL 12-45 § 1, 2000, PL 26-22.

The Commission may carry out a program of inspection and 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 t…

Any duly authorized officer, employee or representative of the 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 purpose of investigating an actual or su…

No person may refuse entry or access to any authorized representative of the Commission who requests entry for purposes of inspection and who presents appropriate credentials; nor may any person obstruct, hamper, or interfere with any such inspection. History: 1972, PL I2-45 § 1.…

If the owner or operator of inspected premises so requests, he shall receive a report setting forth all facts found which relate to compliance status. History: 1972, PL 12-45 § 1.

(a) The Commission may conduct tests and take samples of actual or suspected pollutants, fuel, process materials, or other materials which affect or may affect emission or discharge of pollutants from any source. (b) Upon request of the Commission, the person responsible for the …

(a) Except as provided in subsection (c), any person who owns or is in control of any plant, building, structure, establishment, process, or equipment may apply to the Commission for a variance from rules or regulations. (b) A variance, or a renewal of a variance, shall not be a …

(a) The Commission may grant a variance if, after public hearing on due notice, it finds that: (1) the emissions or discharges occurring or proposed to occur do not endanger or tend to endanger human health or safety; and (2) compliance with the rules or regulations from which va…

(a) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. (b) No renewal may be granted except on application therefore, made at least 60 days prior to the expiration of t…

Any variance or renewal thereof shall be subject to the following limitations: (a) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the pollution involved, it shall be only until t…

(a) Any person adversely affected by a variance or renewal granted by the Commission may obtain judicial review by proceeding in the High Court of American Samoa. (b) Notwithstanding any provision of 24.0157 through 24.0165, judicial review of the denial of a variance or denial o…

Nothing in 24.0140 through 24.0145, and no variance or renewal granted pursuant to 24.0140 through 24.0145 shall be construed to prevent or limit the application of the emergency pro-visions and procedures of 24.0154 and 24.0155 to any person or his property. History: 1972, PL 12…

(a) Whenever the Commission has reason to believe that a violation of any provision of this chapter, or rule or regulation adopted under this chapter, has occurred, it may cause written notice to be served upon the alleged violator or violators. (b) The notice must specify the pr…

(a) If, after a hearing, 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 involved or for the …

(a) In the event the offender fails 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 for an injunction requiring the offender to cease doing business until such time as the offend…

Nothing in this chapter prevents the Commission from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. History: 1972, PL 12-45 § 1.

(a) Notwithstanding any other provision of this chapter, if the Chairman or Executive Secretary of the Commission finds that a generalized condition of pollution exists or that emissions or discharges of one or more pollution sources is causing imminent danger to human health, we…

Notwithstanding any other provision of this chapter, the Commission, upon receipt of evidence that a pollution source or combination of sources is presenting imminent and substan-tial endangerment to the health and welfare of persons or the environment, may bring a suit to immedi…

Nothing in 24.0150 through 24.0156 may be construed to limit any power the Governor or any other officer may have to declare an emergency and act on the basis of such declaration if such power is conferred by statute or constitutional provision, or is inherent in the office. Hist…

No rule and no amendment or repeal thereof, shall take effect except after public hearing on due notice as provided in the Administrative Procedure Act, 4.1001 et seq. History: 1972, PL 12-45 § 1.

(a) 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 …

Nothing in 24.0157 and 24.0160 shall be construed to require a hearing prior to the issuance of an emergency order pursuant to 24.0154 and 24.0155. History: 1972, PL 12-45 § 1.

(a) A person who violates any provision of this chapter, or any rule in force pursuant to it, relating to the emission of air pollutants, stationary air pollution source permit conditions, fees and filing requirements, inspections, entry or monitoring activities, or any order iss…

Any person who violates any provision of this chapter, or any rule in force pursuant to it, relating to the discharge of water pollutants, shall be guilty of an infraction and upon conviction sentenced to pay a fine of not more than five-hundred ($500) dollars for each initial se…

Any person who willfully violates 24.0109 is guilty of an infraction and upon conviction, sentenced accordingly. History: 1972, PL 12-45 § 1, and 1980, PL 16-90 § 38 Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.

Action pursuant to 24.0166, 24.0167 and 24.0168 is not a bar to enforcement of this chapter, or rules in force pursuant to it, by injunction or other appropriate remedy, and the Commission shall have the power to institute and maintain in the name of this territory any and all su…

It is the policy of the government to promote the economic use and conservation of land, pre-serve and improve soil fertility, and prevent wasteful and unscientific use of soil resources. History: 1962, PL 7-24.

Each village council is authorized by majority vote of those present to enact land use ordinances which: (1) prescribe soil conservation practices that must be followed when growing specified agricultural crops on any land in the village; (2) prescribe soil conservation practices…