DIVISION 4:
ENVIRONMENTAL PROTECTION
Chapter 15:
Environmental
Quality
Protection
§1501. Short title.
§1502. Public policy.
§1503. Definitions.
§1504. Yap State Environmental Protection Agency created; membership; terms;
vacancies;chairman, vice chairman; records;
qualifications.
§1505. Officers; staff.
§1506. Technical, legal and other assistance.
§1507. Powers and duties of the Agency.
§1508. Right of entry.
§1509. Environmental impact studies.
§1510. Annual report.
§1511. State and FSM EPB cooperation.
§1512. Violations and enforcement.
§1513.
Supersession.
§1514.
Severability.
This chapter may be cited as
the "Environmental Quality Protection Act".
Source: YSL 2-19 §1, modified.
(a) The Yap State Government, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth and redistribution, cultural change, resource exploitation, and technological advances, and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the State of Yap, in cooperation with the FSM National Government, municipal governments, and other concerned public and private organizations, to use all practical means and measures, including financial and technical assistance, to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of the State of Yap.
(b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the State of Yap to use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate governmental plans, functions, programs, and resources to the end that the inhabitants of the State of Yap may:
(1)
Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(2) Assure for all Yapese safe, healthful, productive and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable or unintended consequences; and
(4) Preserve important historic, cultural, and natural aspects of Yapese heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice.
Source: YSL 2-19 §2, modified.
Cross-reference: The constitutional provision on public health is found in Yap Const., Art. XII, Sect. 1. That section states: "The State Government shall provide for the protection and promotion of the public health, which may include the traditional practice of medicine." The statutory provisions on Health and Welfare are found in Title 15 of this Code. The constitutional provisions on Conservation and Development of Resources are found in Yap Const., Art. XIII. Section 1 of Article XIII states: "The State Government shall promote the conservation and development of agricultural, marine, mineral, forest, water, land and other natural resources." The statutory provisions on Planning and Economic Development are found in Title 20 of this Code.
The following words, for the purpose
of this chapter, shall have the following meanings:
(a) "Agency" means the Yap State Environmental Protection Agency.
(b) "Beneficial uses" means a use of the environment
that is conducive to public benefit, welfare, safety or health and which
requires protection from the effect of wastes, discharges, emissions and
deposits.
(c) "Chairman" means the Chairman of the Yap State
Environmental Protection Agency personally or his duly authorized
representative.
(d) "Environment" means the physical factors of the
surroundings of human beings and includes the land, soil, water,
atmosphere, climate, sound, odors, tastes and the biological factors of
animals and plants of every description situated within the territorial
limits of the State of Yap including the State Fishery Zone.
(e) "Land" includes buildings and any easements
relating thereto.
(f) "Person" means the Government of Yap State or the
Federated States of Micronesia or any of their subdivisions or entity
thereof, joint venture, association, firm, corporation, or company
organized or existing under the laws of Yap State or any state of the
Federated States of Micronesia or a foreign country, lessee or other
occupant of property, or individual, acting singly or as a
group.
(g) "Pollution" means any direct or indirect
alteration of the physical, thermal, chemical, biological or radioactive
properties of any part of the environment by the discharge, emission or
deposit of wastes so as to affect any beneficial use adversely or to cause
a condition which is hazardous or potentially hazardous to public health,
safety or welfare, or to animals, birds, wildlife, aquatic life or to
plants of every description.
(h) "Protection and management" includes all rules,
regulations, methods and measures that:
(1) are required to build, restore or maintain, or are
useful in building, restoring or maintaining the environment;
and
(2) are designed to ensure that
(A) beneficial uses may be made on a continuing
basis;
(B) irreversible or long-term ill effects on the
environment are avoided; and
(C) there will be a multiplicity and variety of
options available with respect to uses of the
environment.
(i) "State Fishery Zone" means the zone as specified
to be the State Fishery Zone under Section 206 of the State Fishery Zone
Act of 1980.
(j) "Waste" includes any matter prescribed by
regulation to be waste, and any matter whether liquid, solid, gaseous, or
radioactive which is discharged, emitted or deposited in the environment
in such volume, component or manner as to cause an alteration of the
environment.
Source: YSL
2-19 §3, as amended by YSL 3-73 §1, modified.
§1504. Yap State
Environmental Protection Agency created; membership; terms; vacancies;
chairman, vice chairman; records; qualifications.
(a) There is hereby
established the Yap State Environmental Protection Agency to be composed of five members who shall be appointed by the Governor with the advice and consent of the Legislature. If the Legislature does not confirm an appointment withing 30 days after it has been submitted to the Legislature, the appointment shall be deemed to have been withdrawn. The Governor in his appointment shall select persons who are FSM citizens and residents of Yap for their ability to inspire the highest degree of ability and confidence to carry out the policy and purpose of this chapter. The first appointments made under this provision of this section shall be made as follows:
(1) One member for a period of three years;
(2) Two members for a period of two years; and
(3) Two members for a period of one year.
Each subsequent appointment shall be for a term of
three years and shall, unless removed from office, be eligible for reappointment. Vacancies for unexpired terms shall be filled in the same manner as the original appointments. If the remaining unexpired term is less than one year, the Governor shall fill such vacancy without the advice and consent of the Legislature. Any member of the Agency may be removed from the Agency by the Governor or by the Agency for inefficiency, neglect of duty, or misconduct in office.
(b) The Agency shall elect from among its members a Chairman and a Vice-Chairman. The Governor shall designate a member to serve as a Chairman until such time as the Agency shall elect a Chairman.
(c) Compensation. Any member of the Agency who is an employee of the State Government shall be granted administrative leave with pay while engaged in the performance of the duties of the Agency. Non-State Government members of the Agency, who are not otherwise compensated, shall receive compensation of $25.00 per day while engaged in the performance of the duties of the Agency. Members shall also be entitled to receive reasonable travel costs and per diem at standard Yap State rates when engaged in the performance of the duties of the Agency.
(d) Meetings. The Agency shall meet at least once a quarter. Meeting may be held at any time or place as determined by the Agency, or upon the call of the Chairman or upon written request of any two members. Three members of the Agency shall constitute a quorum for the transaction of business. All meetings shall be open to the public, and public notice of time and place of such meetings shall be posted in public places and shall be announced on the radio throughout Yap State.
(e) Records. The Agency shall provide for the keeping of all of its records and actions. These records shall be open to the public for public inspection.
Source: YSL
2-19 §4, as amended by YSL 2-29 §1 and YSL 3-73 §2, modified.
The Agency shall designate a full
time executive officer who shall administer the functions of the Agency
and shall have such duties and responsibilities as may be delegated to him
by the Agency. The executive officer shall not be a member of the
Agency and shall not have the right to vote. The executive officer
shall be assisted in his duties by supporting staff as the Agency deems
necessary to implement the functions of the Agency.
Source: YSL 2-19 §5, modified.
(a) At the request of the Agency, the Governor shall provide the Agency
with necessary technical assistance through the departments, offices, and
agencies of the State Government.
(b) The
Attorney General shall provide legal assistance and representation to the
Agency in any suit or prosecution brought by or against the Agency or
against any member, officer, staff or agent of the Agency, and shall
advise the Agency on matters of law whenever requested.
Source: YSL
2-19 §6, as amended by YSL 3-73 §3, modified.
Cross-reference: The statutory provisions on the Executive are found in Title 3 of this Code.
The Agency shall have the power and
duty to control and prohibit pollution of air, land, and water in
accordance with this chapter and with the regulations adopted and
promulgated pursuant to this chapter, and for this purpose is authorized
and empowered to:
(a) Adopt, approve, amend, revise, promulgate, and repeal regulations, in the manner which is or may be provided by law, to effect the purposes of this chapter, and enforce such regulations which shall have the force and effect of law.
(b) Accept appropriations, loans, and grants from the Yap State Legislature, FSM Congress, the U.S. Government, the FSM National Government, or any agency thereof and other sources, public or private, which loans, grants, and appropriations shall not be expended for other than the purposes of this chapter.
(c) Adopt and provide for the continuing administration of a Yap State-wide program for the prevention, control, and abatement of pollution of the air, land, and water of Yap State, and from time to time review and modify such programs as necessary.
(d) Establish criteria for classifying air, land, and water in accordance with their present and future uses.
(e) Adopt and implement plans for the certifications of importers and applicators of restricted use pesticides, for the issuance of experimental use permits for pesticides and a plan to meet special local needs, and such other measures as may be necessary to carry out the purposes of this chapter.
(f) Establish and provide for the continuing administration of a permit system whereby a permit shall be required for the burning of any office, warehouse, store, barn, shed, cookhouse, boat, canoe, lumber, copra or any other building or shelter, crop, shrub, grass, timber or other property, or for the discharge by any person of any pollutant in the air, land, or water, or for the conduct by any person of any activity, including but not limited to, the operation, construction, expansion, or alteration of any installation, which results or may result in the discharge of any pollutant in the air, land, or water, provide for issuance, modification, suspension, revocation, and termination of such permits, and for the posting of an appropriate bond.
(g) Collect information and establish record keeping, monitoring and reporting requirements as necessary and appropriate to carry out the purposes of this chapter.
(h) Exercise all
such powers as necessary for carrying out its duties.
Source: YSL
2-19 §7, as amended by YSL 3-73 §4, modified.
Cross-reference: The constitutional provision on public health is found in Yap Const., Art. XII, Sect. 1. That section states: "The State Government shall provide for the protection and promotion of the public health, which may include the traditional practice of medicine." The statutory provisions on Health and Welfare are found in Title 15 of this Code. The constitutional provisions on Conservation and Development of Resources are found in Yap Const., Art. XIII. Section 1 of Article XIII states: "The State Government shall promote the conservation and development of agricultural, marine, mineral, forest, water, land and other natural resources." The statutory provisions on Planning and Economic Development are found in Title 20 of this Code.
Whenever it is necessary for the purposes of this
chapter, the Agency, or any member, agent, or employee when duly
authorized by the Agency or by court order, may, at reasonable times,
enter any establishment or upon any property for the purpose of obtaining
information, making inspections, obtaining samples, inspecting or copying
records required to be maintained under the provisions of this chapter or
any regulation made hereunder, or conducting surveys or investigations or
detecting any offenses committed in violation of the provisions of this
chapter or any regulation made hereunder.
Source: YSL
2-19 §8, as amended by YSL 3-73 §5, modified.
(a) All persons shall include in their
development proposals an environmental impact assessment study in
accordance with the provisions of this chapter and the regulations
established by the Agency. Copies of the environmental impact assessment study shall be made available to the Agency, and to the public for inspection and copying.
(b) All persons shall submit an environmental impact statement to the Agency, in accordance with the provisions of this chapter and the regulations established by the Agency, prior to taking any action significantly affecting the quality of the environment as determined by the Agency.
(c) The environmental impact statement shall
include, but not limited to, statements certifying:
(1) That the environmental impact of the proposed
action has been studied and considered by a competent and independent
environmental agency;
(2) That alternatives to the proposed action have
been given consideration;
(3) That any adverse environmental effects which
cannot be avoided by adopting reasonable alternatives are justified by
other substantial benefits to the state; and
(4) Any short-term uses of the environment are
consistent with maintaining and enhancing long-term productivity or
usefulness of the environment, or if not, why it is proposed that the
action proceed regardless.
Source: YSL
2-19 §9, as amended by YSL 3-73 §6, modified.
The Agency shall submit to the
Governor and the Yap State Legislature, not later than October 30 of each
year a report on its activities for the preceding fiscal
year.
Source: YSL 2-19 §10, modified.
(a) The Agency is authorized to enter into cooperative agreements with any appropriate FSM agency, or agencies, for the protection and management of the environment.
(b) Such function or functions when delegated to the Agency pursuant to this section may be reassumed and performed by the delegating body.
Source: YSL
2-19 §11, as amended by YSL 3-73 §7, modified.
Any person who violates any
provision of this chapter or of any permit, regulation, standard, or order issued
or promulgated hereunder, shall be subject to enforcement action by
the Agency and the Attorney General of the State of
Yap.
(a)
Discharges of waste.
(1) When the Agency finds that:
(A) a discharge of waste
is taking place, or is threatening to take place, in violation of the
provisions of this chapter or regulations established by the Agency
concerning requirements as to discharges; or
(B) the waste collection, treatment or disposal
facilities of a discharger are approaching capacity, the Agency shall
require the discharger to submit for approval by the Agency a detailed
time schedule of specific action to be taken by the discharger to prevent
a violation of the requirements as to discharges, and the Agency may
approve the schedule subject to such modifications as it considers
reasonably necessary.
(2) When the Agency finds that a discharge of waste is
taking place, or is threatening to take place, in violation of the
requirements as to discharges, the Agency shall issue a cease and desist
order, and direct that the discharger:
(A) comply immediately with those
requirements;
(B) comply with those requirements in accordance with
a time schedule set by the Agency; or
(C) in the event of a threatened violation, take
appropriate remedial or preventive action.
(b) Pollutants.
(1) Any person who:
(A) discharges any pollutant into the air or water, or on land in
violation of this chapter or of any permit, requirement or order issued or
made by the Agency under this chapter;
or
(B)
intentionally or negligently causes or permits any pollutant to be
deposited where it is discharged into the air or water, or on land, shall,
on the order of the Agency, clean up the pollutant or abate its
effects.
(c) Civil
penalties.
(1) A person who violates any provision of this chapter or any
regulation made hereunder, shall be liable to a civil penalty in an amount
not less than $100.00 and not more than $10,000.00 for each day of the
violation.
(2) A public hearing may be conducted to determine the authenticity of
the facts upon which the alleged violation is based, adequate notice of
which, and opportunity to appear and be heard at which, shall be afforded
to all interested persons.
(d)
Declaratory and equitable
relief.
(1) The Attorney General on behalf of the
Agency or the State Government, a local government or any other person may
maintain an action in the Yap State Court for declaratory or equitable
relief against any person for the protection of the air, land, water or
other aspect of the environment from pollution, impairment or
destruction.
(2) Any person may maintain an action in the
State Court for declaratory relief against the Government of the State of
Yap, or any agency or instrumentality of the Government of the State of
Yap for the protection of the air, land, water or other aspect of the
environment from pollution, impairment or destruction.
(3) Subject to
paragraph (4) of this subsection, if in an action under paragraph (1) or
(2) of this subsection, the Court finds that any relevant standard or
requirement fixed or made by the Agency or any other instrumentality or
agency of the Government of the State of Yap is unreasonable, either
generally or in the particular circumstances, the Court may apply, and may
order the adoption of, a reasonable standard or requirement.
(4) Paragraph (2) of this subsection does not apply with respect
to a standard or requirement fixed or made by State law or any other law
applicable to the State, or by the Governor by virtue of powers conferred
on him by law.
(e) Damages. Where a person violates
any provision of this chapter or any regulation made hereunder, the
Attorney General may maintain a civil action for damages in the Trial
Division of the Yap State Court. Such action may be in addition to any
civil penalties imposed hereunder. 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 occurred, and corrective action, if any, taken by the violator.
(f) False statements. Any
person who knowingly makes any false statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any permit, regulation or order issued under this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $100.00 and not more than $10,000.00, or by imprisonment for not less than three months and not more than six months, or both.
(g) Falsifying monitoring
systems. A person who falsifies, tampers with or knowingly makes inaccurate any monitoring system, system device or method required to be maintained under this chapter or under a permit, regulation or order issued or promulgated hereunder shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than $100.00 and not more than $10,000.00, or by a term of imprisonment of not less than three months and not more than six months, or both.
Source: YSL
2-19 §12, as amended by YSL 3-73 §8, modified.
Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.
Section 510 (1)-(7) of Title 63 of
the Trust Territory Code (District Environmental Protection Advisory
Boards) is superseded in its entirety.
Source: YSL 2-19 §13.
If any provision of this chapter or
any regulation or order promulgated hereunder, or the application of any
such provision, regulation, or order to any person or circumstance shall
be held invalid, the remainder of this chapter, or any regulations or
orders promulgated pursuant thereto, or the application of such
provisions, regulations, or orders to persons or circumstances other than
those to which it is held invalid shall not be affected thereby, and to
this extent the provisions of this chapter are severable.
Source: YSL 2-19 §14, modified.