FSMC, TITLE 25.  ENVIRONMENTAL PROTECTION
 
 
 
Chapter 6:  FSM
Environmental Protection Board

601-605.     [RESERVED]
606.    Technical assistance.
607.    [RESERVED]
608.    Reports.
609.    General powers and duties of the Board.
610.    Specific powers and duties of the Board.

      601-605.  [RESERVED].
 
      606.  Technical assistance.
     The President shall provide the Board with necessary technical and legal assistance through departments, offices, and agencies of the National Government.
 
Source:  PL 3-83 7; renumbered by PL 5-21 15.

      607.  [RESERVED].

      608.  Reports.
     The Board shall transmit to the President and Congress, no later than September 30th of each year, an environmental quality report for the preceding calendar year, which shall set forth:

     (1)   the status and conditions of the major natural, artificial, or altered environmental classes of the Federated States of Micronesia, including, but not limited to, the air, the waters, including marine, estuarine, and fresh water, and the terrestrial environmental, including, but not limited to, the forest, mangrove areas, beaches, reefs, drylands, wetlands, and urban and rural environments;

     (2)   current and foreseeable trends in the quality, management, and utilization of such environments and the effects of those trends on the social, economic, and other requirements of the Federated States of Micronesia;

     (3)   the adequacy of available natural resources for fulfilling human and economic requirements of the Federated States of Micronesia in the light of expected population pressures;

     (4)   a review of the programs and activities (including regulatory activities) of the National Government, State governments, local governments, and nongovernmental entities or individuals, with particular reference to their effect on the environment, the conservation, development, and utilization of the Federated States of Micronesia; and

     (5)   a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation.

Source:  PL 3-38 9; renumbered by PL 5-21 15.

      609.  General powers and duties of the Board.
     The Board shall have the power and duty to protect the environment, human health, welfare, and safety and to abate, control, and prohibit pollution or contamination of air, land, and water in accordance with this subtitle and with the regulations adopted and promulgated pursuant to this subtitle.  The Board shall balance the needs of economic and social development against those of environmental quality and shall adopt regulations and pursue policies which, to the maximum extent possible, promote both these needs and the policies set forth in section 502 of this title.

Source:  PL 3-83 10; renumbered by PL 5-21 15.

      610.  Specific powers and duties of the Board.
     For the purposes set forth in section 604 of this chapter, the Board is authorized and empowered to:

     (1)   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 subtitle, and enforce such regulations which shall have the force and effect of law;

     (2)   adopt, approve, amend, revise, promulgate, and repeal primary and secondary drinking water regulations;

     (3)   accept appropriations, loans, and grants from the United States 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 subtitle;

     (4)   adopt and provide for the continuing administration of nationwide programs for the protection of the environment, human health, welfare, and safety, and for the prevention, control, and abatement of pollution of the air, land, and water, including programs for the abatement or prevention of the contamination of drinking water systems of the Federated States of Micronesia, and from time to time review and modify such programs as necessary;

     (5)   establish criteria for classifying air, land, and water in accordance with present and future uses;

     (6)   establish and provide for the continuing administration of a permit system whereby a permit shall be required for the discharge by any person or 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 in or may result in the discharge of any pollutant in the air, land, or water, provide for the issuance, modification, suspension, revocation, and termination of such permits, and for the posting of any appropriate bond;

     (7)   collect information and establish recordkeeping, monitoring, and reporting requirements as necessary and appropriate to carry out the purposes of this subtitle; and

     (8)   conduct a study of those United States environmental protection laws which contain standards applicable to the Government of the Federated States of Micronesia, pursuant to section 161(b) of the Compact of Free Association, and make recommendations as to any necessary modifications of those laws in light of the particular circumstances of the Federated States of Micronesia.

Source:  PL 3-38 7; renumbered by PL 5-21 15.

Case annotations:  Earthmoving regulations themselves represent a governmental determination as to the public interest, and the clear violation of such regulations may therefore be enjoined without a separate court assessment of the public interest and balancing of hardships between the parties.  Damarlane v. Pohnpei Transp. Auth., 4 FSM Intrm. 347, 349 (Pon. 1990).

Where the national government, in previous appearances and filings, stated that no valid earthmoving permit was in effect the burden is on the national government at a motion for summary judgment to establish that there was a valid delegation of permit granting authority by the national government to the state officials.  Damarlane v. Pohnpei Transp. Auth., 5 FSM Intrm. 1, 7 (Pon. 1991).

Although neither the Environmental Protection Act nor the earthmoving regulations contain any absolute requirement that a public hearing be held before an earthmoving permit may be  issued, the issuance by national government officials of a permit authorizing earthmoving by a state agency without holding a hearing and based simply upon the application filed by the state agency and the minutes prepared by the state officials, is arbitrary and capricious where the dredging activities have been long continued in the absence of a national earthmoving permit and where the parties directly affected by those activities have for several months been vigorously opposing continuation of the earthmoving activities at the dredging site.  Damarlane v. Pohnpei Transp. Auth., 5 FSM Intrm. 1, 8 (Pon. 1991).
                                                                                                                                                                                                                                                                                                           
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