KSC, TITLE 7.  AGENCIES & GOV'T FINANCED ENTERPRISES
 

Chapter 4.  The
Development Review Commission

Section 7.401.  The Development Review Commission.
Section 7.402.  Powers and duties.
Section 7.403.  Repealed by State Law 7-1.
Section 7.404.  Commission staff.
Section 7.405.  Environmental impact studies.

      Section 7.401.  The Development Review Commission.

     (1)  The Development Review Commission consists of five members who serve terms of four years.  Two of the members initially serve terms of two years and three of the members initially serve terms of four years.  Thereafter, all members serve terms of four years.

     (2)  Members of the Commission receive compensation of $25.00 per day while engaged in the performance of the duties of the Commission.  Members are entitled to receive reasonable travel costs and per diem at standard Kosrae State Government rates when engaged in the performance of the duties of the Commission.

     (3)  The Commission meets when a proposal is submitted for its review or as often as is otherwise necessary to carry out its business under this Chapter.  A meeting is held as determined by the Commission, or the call of the Chairman or the written request of any two members.  All meetings are open to the public, and reasonable advance public notice of the time and place of a meeting is posted in public places and is announced on the radio throughout the State.

     (4)  The Commission provides for the keeping of records of its actions.  These records are open to the public for inspection.

Background
Amended by State Law 5-56.

      Section 7.402.  Powers and duties.
       The Commission has the power and duty to:

     (1)  Protect the environment, human health, welfare and safety, to abate, control and prevent pollution or contamination of air, land and water in accordance with this chapter and commission regulations by balancing the needs of economic and social development with those of environmental quality and adopting regulations and pursuing policies which, to the maximum extent possible, ensure that economic and social development is environmentally sustainable;

     (2)  adopt and enforce regulations to effect the purposes of this chapter;

     (3)  adopt and provide for the continuing administration of a development permit system, including the requirement of development proposals, for the construction, expansion or alteration of a development, including alteration of land or marine space, that may significantly affect, directly or indirectly, natural or historic resources, significantly alter the landscape or be incompatible with surrounding air, land or water uses.

     (4)  adopt and enforce primary and secondary drinking water regulations, including the establishment of an underground injection control program;

     (5)  adopt and provide for the continuing administration of a program for the abatement or prevention of the contamination of drinking water systems;

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

     (7)  adopt and implement plans for the certification of applicators of pesticides, for the issuance of experimental use permits for pesticides and a plan to meet special local needs;

     (8)  establish and provide for the continuing administration of a permit system for the discharge of a pollutant in the air, land or water;

     (9)  collect information and establish record keeping, monitoring and reporting requirements necessary and appropriate to carry out the purposes of this chapter;

     (10)  enter public or private property to inspect or take samples in performance of its duties;

     (11)  issue a cease and desist order to a person found to be in violation of law or regulation pertaining to the environment;

     (12)  order a polluting party to abate the causing of, and to remove, polluting matter;

     (13)  devise land use plans and, no later than two years after the effective date of this Chapter, propose legislation to the Legislature and the Governor for the regulation of the use of land;

     (14)  act as an agent of the Environmental Protection Board of the Federated States of Micronesia pursuant to written agreement approved by the Governor; and

     (15)   preserve the State. s forests and wildlife and regulate activities that affect them.

Background
Amended by State Law 5-56 and State Law 7-1.

Cross-reference:

      Section 7.403.  Repealed by State Law 7-1.

Background
Added by State Law 5-56.  Repealed by State Law 7-1.

      Section 7.404.  Commission staff.
       The Commission selects a full-time program director who administers the functions of the Commission and has such duties and responsibilities as may be delegated to him by the Commission.  The program director may be assisted in his duties by supporting staff as the Commission deems necessary.

Background
Added by State Law 5-56.

      Section 7.405.  Environmental impact studies.
       The Commission requires that:

     (1)  All persons include in their development proposals an environmental impact assessment study in accordance with regulations established by the Commission.

     (2)  All persons submit an environmental impact statement to the Commission according to Commission specifications, prior to taking any action significantly affecting the quality of the human environment.

Background
Added by State Law 5-56.
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