Chapter 2:  Environmental Protection Board

§ 201.   Creation.
§ 202.   Compensation.
§ 203.   Technical assistance.
§ 204.   Meetings.
§ 205.   Officers.
§ 206.   Reports.
§ 207.   General powers and duties.
§ 208.   Specific powers and duties.

     § 201.  Creation.

     (1)   There is hereby established in the Office of the High Commissioner a Board to be known as the Trust Territory Environmental Protection Board to be composed of nine members as follows:  the director of Health Services, director of Public Works, director of Resources and Development, and six citizens of the Trust Territory, to be appointed by the High Commissioner with the advice and consent of the Congress of Micronesia; provided that such appointments shall include one representative from each of the six administrative districts.

     (2)   The initial appointments of appointed members shall be made as follows: two for a period of one year; two for a period of two years; and two for a period of three years.  Successors to the first appointees hereunder shall be appointed for terms of three years each.

     (3)   Vacancies other than by expiration of term shall be filled by the High Commissioner by appointment, in the same manner as the original appointment was made, for the unexpired term.

     (4)   The chairman shall be the director of Health Services.

     (5)   The High Commissioner in his appointments shall select persons who are citizens and residents of the Trust Territory for their ability, and all appointments shall be of such nature as to aid the work of the Board to inspire the highest degree of cooperation and confidence in carrying out the policy and purpose of this title.

Source:  COM PL 4C-78 § 4(1),(2); TT Code 1980, 63 TTC 504(1), (2).

Editor’s note:  Subsections (1) through (4) were originally one subsection prior to the 1982 edition of this code.

Cross-reference:  The statutory provisions of the FSM Environmental Protection Act are found in chapters 5 to 7 of this title.

Editor’s note:  Chapters 1 through 4 of this title were designated subtitle I at the time of the first cumulative supplement in order to distinguish the Trust Territory provisions they encompass from the Federated States of Micronesia Environmental Protection Act, which is codified in chapters 5 through 7.  For provisions on transition from subtitle I to subtitle II, see section 708 of this title.  Wherever this title is used in chapters 1 through 4 it should be read “this subtitle.”

     § 202.  Compensation.
     Members of the Board shall serve without compensation as such, but shall be entitled to receive travel costs and per diem at standard Trust Territory rates when engaged in the performance of the duties of the Board.  Any employee of the Trust Territory Government shall be granted leave with pay while engaged in the performance of the duties of the Board.

Source:  COM PL 4C-78 § 4(3); TT Code 1980, 63 TTC 504(3).

     § 203.  Technical assistance.
     The Board may call upon any Trust Territory department or agency for technical assistance.  All departments or agencies of the Trust Territory shall, upon request, assist the Board in the performance of its duties.  Immediate staff for the Board shall be drawn from both the district and the headquarters divisions of environmental health within the Health Services department.

Source:  COM PL 4C-78 § 4(4); COM PL 7-19 § 3; TT Code 1980, 63 TTC 504(4).

     § 204.  Meetings.

     (1)   The Board shall meet at least once every three months.  Meetings may be held at any time or place to be determined by the Board upon the call of the chairman or upon written request of any three members.  All meetings shall be open to the public, and public notice of the time and place of such meetings shall be posted in public places and shall be announced on the radio throughout the Trust Territory.

     (2)   Five members of the Board shall constitute a quorum for the transaction of business.

Source:  COM PL 4C-78 § 4(5), (6); TT Code 1980, 63 TTC 504(5), (6).

     § 205.  Officers.

     (1)   The Board shall designate a secretary who shall keep all records of, and actions taken by, the Board.  These records shall be open to the public for public inspection.

     (2)   The Attorney General shall, upon request of the chairman, act as legal advisor to the Board.
     (3)   The Board shall designate a full-time salaried executive officer who shall administer the functions of the Board and shall have such duties and responsibilities as may be delegated to him by the Board.

Source:  COM PL 4C-78 § 4(7)-(9); TT Code 1980, 63 TTC 504(7)-(9).

     § 206.  Reports.
     The Board shall submit to the High Commissioner and to the Congress of Micronesia, not later than September 1st of each year, a report detailing its activities during the previous fiscal year.

Source:  COM PL 4C-78 § 4(10); TT Code 1980, 63 TTC 504(10).

     § 207.  General powers and duties.
     The Board shall have the power and duty to protect the environmental, human health, welfare, and safety, to abate, control, and prohibit pollution or contamination of air, land, and water in accordance with this title and the regulations adopted and promulgated pursuant to this title.  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 these twin needs, any other provision of this title notwithstanding.

Source:  COM PL 4C-78 § 5 (part); COM PL 7-19 § 4 (part); COM PL 7-64 § 3; TT Code 1980, 63 TTC 505 (part).

     § 208.  Specific powers and duties.
     For these purposes 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 title, 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, including the establishment of an underground injection control program, which program shall conform to all requirements of the Safe Drinking Water Act (U.S. Public Law No. 93-523) and any applicable regulations promulgated thereunder, and enforce such regulations which shall have the force and effect of law;

     (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 title;

     (4)   adopt and provide for the continuing administration of a Trust Territory-wide program 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 Trust Territory, 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)   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, and such other measures as may be necessary to carry out the purposes of the Federal Insecticide, Fungicide, and Rodenticide Act (U.S. Public Law No. 92-516);

     (7)   establish and provide for the continuing administration of a permit system whereby a permit shall be required for the discharge by any person of any pollutant in the air, land, or  water, or for the amount 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 an appropriate bond;

     (8)   collect information and establish record keeping, monitoring, and reporting requirements as necessary and appropriate to carry out the purposes of this title.

Source:  COM PL 4C-78 § 5(part); COM PL 7-19 § 4(part); COM PL 7-64 § 3; COM PL 7-90 § 2: TT Code 1980, 63 TTC 505(part).