25.2010 Citation for offense.

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(a) When solid waste, industrial waste, or other refuse is deposited or allowed to accumulate in violation of 25.2003, or 25.2009,or where there is a violation of any provision of this title, any valid rule promulgated under this title, or any village regulation for health and sanitation adopted in accordance with this title, or where there is a refusal or neglect to comply with any lawful order issued by the Director of Health or the Director of ASEPA in carrying out the provision of this title, a sanitarian or other authorized person, including members of the Department of Public Safety, authorized employees of the solid waste agency, or authorized employees of ASEPA, may issue a citation therefor.

(b) When solid waste, industrial waste, or other refuse is deposited or allowed to accumulate on communal lands in violation of 25.2003, and the person or persons responsible for such deposits or accumulations are unknown or cannot be identified, a warning citation for the violation(s) shall be issued to the Sa’o or highest ranking matai of such communal lands. If the Sa’o or highest ranking matai fails to ensure that the unlawful deposits or accumulations are completely removed within seven (7) days from the date the warning citation was given, he or she shall receive the citation therefor.

(c) If there is no matai for the land upon which an accumulation of solid waste or debris has occurred, the pulenuu for the village council of the village where the accumulation is located shall be served with the warning citation. If the unlawful deposit or accumulation of solid waste is not removed within seven (7) days, the village council shall be served with the fine citation.

(d) The Director of Public Health may authorize other persons to issue citations under this title as necessary, provided that any person so authorized has the training and experience necessary to perform the job as determined in consultation with the Attorney General.

History: 1972, PL 12-44 § 8; and 1988, PL 20-85; 2001, PL 27-8.