24.0103 Definitions.

Cite as [A.S.C.A. § 24.0103]

(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 substances and any precursors to the formation of any pollutant, to the extent that the agent or combination of such agents is identified by any Federal or Territory rules as precursors.

(2) “Air pollution” means the presence in the outdoor atmosphere of one or more air pollutants in such quantities and duration as is or tends to be injurious to human health or welfare, plant or animal life, or property, or would interfere with the enjoyment of life or property.

(3) “Air pollution emission source” means property, real or personal, which emits or may emit air pollution.

(4) “Chairman” means the Chairman of the Environmental Quality Commission or persons authorized to act on his behalf.

(5) “Clean Air Act” means the Federal Clean Air Act of 1963 as amended.

(6) “Commission” means the Environmental Quality Commission or its duly authorized agents.

(7) “Compliance plan” means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this chapter and includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the commission.

(8) “Discharge” means the releasing, expelling, spilling, leaking or dumping of pollutants onto land or into the waters of American Samoa.

(9) “Emission” means a release, into the outdoor atmosphere, of air pollutants.

(10) “Executive secretary” means the executive secretary of the Environmental Quality Commission.

(11) “Hazardous air pollutant” or “HAP” means those hazardous air pollutants listed in section 112 (b), as amended, 42 United States Code 7412 (2), and any other pollutant designated by federal or territory rules as hazardous.

(12) “Major stationary source(s) of air pollution” or “major source” means an air pollution emission source or group of sources under the common control or command of the same owner or operator which emits or has the potential to emit 100 tons per year or more, considering controls, of any pollutant subject to regulation under the Federal Clean Air Act or the laws of this Territory.

(13) “Non-major source(s) of hazardous air pollution” or “non-major HAP source” means an air pollution emission source or group of sources under the common control or command of the same owner or operator which emits or has the potential to emit in the aggregate an amount greater than 10 tons per year of any hazardous air pollutant; no more than 10 tons per year of any hazardous air pollutant, including fugitive emissions; and no more than 25 tons per year in the aggregate of any combination of hazardous air pollutants, including fugitive emissions.

(14) “Owner or operator” means any person who owns, leases, operates, controls, or supervises a pollution emission or discharge source.

(15) “Permit” means written authorization from the Chairman or, in the case of stationary air pollution source permits, the executive secretary, to construct, reconstruct, modify, relocate, or operate a pollutant discharge or emission source. A permit authorizes the permittee to cause or allow the discharge or emission of pollutants in a specified manner or amount, or to do any act, not forbidden by this chapter or by rules adopted pursuant to it, requiring review by the Chairman or Executive Secretary of the Commission.

(16) “Person” means any individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the territory, trust, estate, or any other legal entity.

(17) “Pollutant’ means solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, hazardous wastes, biological materials, air pollutants, radioactive materials, oil, grease, wrecked or discarded equipment, industrial, municipal or other waste discharged into or upon the land, air or water. Dredge spoil, rock, sand, dirt and agricultural materials shall also constitute a pollutant when discharged into waters of American Samoa.

(18) “Pollution” means the presence in the outdoor environment of air pollution, water pollution, or one or more pollutants in such quantities as is or tends to be injurious to human health or welfare, plant or animal life, or the use and enjoyment of life, property, or the environment.

(19) “Pollution source” or “source” means any building, structure, facility, or installation from which there is or may be the discharge or emission of pollutants.

(20) “USEPA” means the United States Environmental Protection Agency.

(21) “Waters of American Samoa” includes all streams, lakes, ponds, rivers, bays, lagoons, navigable water, groundwaters, underground waters, and coastal waters.

(22) “Water pollution” means the presence in the water of visible floating materials, oil, grease, scum, foam or other materials which produce visible turbidity or settle to form deposits; or materials which produce color, odor or taste, either of themselves or in combination, or in the biota; or materials which induce undesirable aquatic life; or materials which are toxic or an irritant to humans, animals, plants, or aquatic life.

(b) For the purposes of this chapter, addition to or enlargement or replacement of pollution source, or any major alteration therein, shall be construed as construction, installation, or establishment of a new air or water pollution source.

History: 1972, PL 12-45 § 1, 2000, PL 26-22.