Home | Databases | WorldLII | Search | Feedback Federated States of Micronesia Consolidated Legislation - Revised Code 1999

Trust Territory Environmental Quality Protection Act Enforcement - [Title 25 Chapter 3]

CODE OF THE FEDERATED STATES OF MICRONESIA

[1999 FSM Code Annotated]

TITLE 25 - TRUST TERRITORY ENVIRONMENTAL PROTECTION

CHAPTER 3

Enforcement

Sections:

§ 301. Right of entry.
§ 302. Violations subject to enforcement - Civil penalty.
§ 303. Discharge of waste - Cease and desist orders.
§ 304. Discharge of pollutants - Abatement.
§ 305. Administrative procedure applicable.
§ 306. Judicial review.
§ 307. Violations - Civil penalties.
§ 308. Violations - Willful or negligent discharge of pollutants.
§ 309. Violations - False statements.

________

§ 301. Right of entry.

Whenever it is necessary for the purposes of this Title, the Board, or any member, agent, or employee when duly authorized by the Board or by Court order may, at reasonable times, enter any establishment or upon any property, public or private, for the purpose of obtaining information, making inspections, obtaining samples, inspecting, or copying records required to be maintained by the provisions of this Title and any regulations promulgated thereunder, or conducting surveys or investigations for the purpose of carrying out the purpose and policy of this Title.

Source: FSM Code (1982).

§ 302. Violations subject to enforcement - Civil penalty.

Any person who violates any provision of this Title shall be subject to enforcement action by the Board. Such enforcement action may include, but is not limited to, issuance of an order to cease and desist from such violation, imposition of a civil penalty up to $10,000 for each day of such violation, or commencement of a civil action to enjoin such violation.

Source: FSM Code (1982).

§ 303. Discharge of waste - Cease and desist orders.

(1) Whenever the Board finds that a discharge of waste is taking place or threatening to take place within a district that violates or will violate requirements prescribed by the Board or that the waste collection treatment or disposal facilities of a discharger are approaching capacity, the Board shall require the discharger to submit for approval of the Board, with such modifications as it may deem reasonably necessary, a detailed time schedule of specific actions the discharger shall take in order to correct or prevent a violation of requirements.

(2) When the Board finds that discharge of waste is taking place or threatening to take place with its jurisdiction in violation of requirements of discharge prohibitions prescribed by the Board, the Board shall issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions:

(a) comply forthwith;

(b) comply in accordance with a time schedule set by the Board; or

(c) in the event of a threatened violation, take appropriate remedial or preventive action.

(3) In the event of an existing or threatened violation of waste discharge requirements in the operation of a community system, cease and desist orders may restrict or prohibit the volume, type, or concentration of waste that might be added to such system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order.

(4) A public hearing to determine the authenticity of the facts upon which the cease and desist order was issued shall be conducted by the Board, adequate notice of which and opportunity to appear and be heard at which shall be afforded to all interested persons.

(5) Cease and desist orders of the Board shall become effective upon issuance, and final as to the Board upon issuing findings after a public hearing. Copies shall be served forthwith by registered mail upon the person being charged with the violation of the requirements and upon other affected persons who appeared at the hearing and requested a copy.

Source: FSM Code (1982).

§ 304. Discharge of pollutants - Abatement.

(1) Any person who discharges any pollutant into the water, air, or on the land of the Trust Territory in violation of any discharge permit, requirement, or other order issued by the Board or who intentionally or negligently causes or permits any pollutant to be deposited where it is discharged into the water, air, or land of the Trust Territory shall, upon order of the Board, clean up such pollutant or abate the effects thereof.

(2) Upon failure of any person to comply with such clean-up or abatement order, the Attorney General or his designated representative, at the request of the Board, shall petition the Trial Division of the High Court for that district for the issuance of an injunction, mandamus, or other appropriate remedy requiring such person to comply therewith.

Source: FSM Code (1982).

§ 305. Administrative procedure applicable.

The provisions of this Section and of Sections 302 through 304 and 306 of this Chapter shall be interpreted consistently with the provisions of any law concerning administrative procedure which is or may hereafter become Trust Territory law. In the event of conflict between the two, the provisions of the latter shall supersede and be controlling.

Source: FSM Code (1982).

§ 306. Judicial review.

(1) Any person who may be adversely affected by the enforcement of any standard policy, regulation, permit, or order of the Board and who alleges its invalidity may file a petition for declaratory judgment thereon addressed to the Trial Division of the High Court in the district where the petitioner is a resident.

(2) The Court shall declare the standard, policy, regulation, permit, or order invalid if it finds that it exceeds the statutory authority of the Board, or is arbitrary and capricious.

(3) An appeal may be had from the decision of the Court to the Appellate Division of the High Court as provided by law.

Source: FSM Code (1982).

§ 307. Violations - Civil penalties.

(1) Any person who violates any provisions of this Title, or of any permit, regulation, standard, or order issued or promulgated hereunder, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. Such sums shall be paid to the treasurer of the Trust Territory for credit to the General Fund of the Congress of Micronesia.

(2) The Attorney General or his designated representative, upon request of the Board, shall petition the Trial Division of the High Court for a judgment assessing damages. In determining such damages, the Court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, taken by the discharger.

Source: FSM Code (1982).

§ 308. Violations - Willful or negligent discharge of pollutants.

(1) Any person who willfully or negligently:

(a) discharges pollutants in violation of Sections 207 or 208 of this Title or in violation of any condition or limitation included in a permit, issued under Sections 207 or 208 of this Title; or

(b) violates the requirements of Sections 207 or 208 of this Title; or

(c) with respect to introduction of pollutants into publicly-owned treatment works violates a pretreatment standard or toxic effluent standard shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation.

(2) If the conviction is for a violation committed after a first conviction of such person under this Section, punishment shall be by a fine of not more than $50,000 per day of violation.

Source: FSM Code (1982).

§ 309. Violations - False statements.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Title, or by any permit, regulation, or order issued under this Title, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Title or by any permit, regulation, or any order issued under this Title, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 months, or by both.

Source: FSM Code (1982).

_____________________