As used in this chapter and in conformance with the Federal Water Pollution Control Act, as amended:

“acute exposure value” means the threshold value at or below which there should be no unacceptable effects to aquatic organisms and their uses if the one-hour concentration does not exceed the value more than once every three years on the average;

“acute toxicity” means the degree to which a pollutant, discharge, or water sample causes a rapid adverse impact to aquatic organisms;

“ambient condition” means the water quality condition that occurs in the waters of interest when these waters are not influenced by the proposed new activity or discharge;

“American Samoa Environmental Protection Agency (ASEPA)” means the agency responsible for carrying out the mandates of the EQC;

“class I waters” means fresh surface waters above impoundments or diversions of water used as a potable water supply;

“class II waters” means all fresh surface waters that are not class I;

“chronic exposure value” means the threshold value at or below which there should be no unacceptable effects to aquatic organisms and their uses if the four-day concentration does not exceed that value more than once every three years on the average;

“chronic toxicity” means the degree to which a pollutant, discharge, or water sample causes a long-term adverse impact to aquatic organisms, such as an alteration in growth rate or reproduction;

“discharge of a pollutant” means any addition of any pollutant to the waters of American Samoa from any point source;

“embayment” means a body of water subject to tidal action and bounded by headlands which restrict the exchange of water with the open ocean. A bay or lagoon is an embayment if the ratio of the volume of water (cubic feet) to the cross-sectional area (square feet) at the entrance is more than 700, when determined at mean lower low water;

“Environmental Quality Commission (EQC)” means the Environmental Quality Commission of the American Samoa Government (ASG) and its authorized agents;

“fresh surface waters” means all fresh territorial waters including perennial, intermittent, and ephemeral freshwater streams, all natural and artificial impoundments, springs, seeps and wetlands, including coastal wetlands not surface-connected to the ocean. This includes all surface territorial waters that are not embayments, open coastal waters, or ocean waters;

“geometric mean” is defined as nth root of the products of C1 to Cn in which n is the number of samples analyzed during the period and C is the concentration of the parameter found in each sample;

“ground water” means water in the part of the ground that includes all subsurface waters, basal and parabasal water, perched water, water percolating through the unsaturated zone, and all saline waters below and along the perimeter of the basal fresh water body;

“hazardous materials” means any material that poses a threat to human health and/or the environment when improperly managed, including toxic, corrosive, ignitable, explosive or chemically reactive substances;

“light penetration depth” means the depth reached by one percent of the sunlight incident on the surface of a body of water;

“natural” means free of substances or conditions, which are attributable to the activities of man;

“nonpoint source pollution” is defined as pollution caused by sediments, nutrients and organic and toxic substances originating from land use activities and/or from the atmosphere, which are carried to receiving waters by runoff at a rate that exceeds natural levels;

“ocean waters” means those waters that extend from the 100-fathom (600-foot or 183-meter) depth contour seaward;

“open coastal waters” means those waters that begin at the shoreline and extend seaward to the 100-fathom (600-foot or 183-meter) depth contour from mean lower low water. This category includes small bays with good water movement which do not qualify as embayments;

“Pago Pago Harbor” is defined as landward of a line drawn from Niuloa Point to Breaker’s Point;

“Pala Lagoon” is defined as that body of water inside a line drawn from the eastern most point of the airport to the nearest part of Coconut Point;

“person” means any individual, partnership, firm, state, federal government, association, municipality, public or private corporation, subdivision or agency of the territory, trust, estate or any other legal entity or interstate body;

“point source” means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged;

“pollutant” means dredged spoil, sediment, solid waste, petroleum product, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, excavated material, or industrial, municipal, and agricultural waste discharged into water;

“pollution” means the manmade or man induced alteration of the physical, chemical, biological, or radiological condition of territorial waters;

“process waste water” means any water which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by product, or waste product during manufacturing or processing operations;

“Territorial waters” means waters of the United States as defined in 40 CFR 122.2, as well as those that are located within the jurisdiction of the territory;

“wetlands” mean those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, mangroves, streams, springs, cultivated marshes, and similar areas;

“zone of initial dilution” is that areal of a plume where dilution is achieved due to the combined effects of momentum and buoyancy of the effluent discharged from an orifice. Unless otherwise approved by the EQC and USEPA, the zone of initial dilution and initial dilution ratio shall be determined using the latest version of the PLUMES model UM (EPA/600/R-93/139), assuming zero ambient current and representative ambient concentrations of the pollutant in question;

“zone of mixing” means a defined portion of a water body receiving water around a point source within which specific modifications of applicable water quality standards are permitted by the EQC.

History: Rule 8-81, eff 16 Jun 81, § 1; Rule 6-05, eff 2005.

Amendments: 2005, new definitions and renumbering.