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24.0205 Water Classifications - Protected and Prohibited Uses.

Cite as [A.S.A.C. § 24.0205]

(a) Prohibited uses and activities applicable to all waters:

(1) Dumping of solid waste, including dead animals directly into the water or in a manner that could reasonably be expected to adversely affect water quality;

(2) The discharge of oil, sludge, oil refuse, fuel oil, or bilge waters directly into the water or in a manner that could reasonably be expected to adversely affect water quality;

(3) The discharge of toxic, hazardous or radioactive waste directly into the water or in a manner that could reasonably be expected to adversely affect water quality; and

(4) The dumping or discharge of industrial, domestic or animal waste except as approved by the EQC and, as applicable, permitted by the USEPA.

(b) Fresh Surface Waters

(1) Class 1 Fresh Surface Waters

(A) Class 1 waters are to remain in as near their natural state as possible with a minimum of pollution from any human activity. Protected uses of these waters are: potable water supplies, support and propagation indigenous aquatic and terrestrial life and compatible recreation and aesthetic enjoyment.

(B) Prohibited uses and activities include, but are not limited to:

(i) Point source discharges of pollutants;

(ii) Dredging and filling activities;

(iii) Bathing, including washing clothes and dishes;

(iv) Animal pens over or within 100 feet of the water body;

(v) Siting of septic tanks within 200 feet of the water body;

(vi) Land disturbing (e.g., grading, tillage) activities within 100 feet of the water body; and .

(vii) Wood cutting or clearing within 100 feet of the water body.

(2) Class 2 Fresh Surface Waters

(A) Class 2 waters shall be protected for the support and propagation of indigenous aquatic life, recreation in and on the water, and aesthetic enjoyment.

(B) Prohibited uses and activities include, but are not limited to:

(i) No zones of mixing will be granted;

(ii) Dredging or filling activities, except as approved by EQC;

(iii) Animal pens over or within 50 feet of the water body; and

(ix) Siting of septic tanks within 50 feet of the water body.

(c) Ground Waters

(1) Class 1G Ground Waters

(A) Class 1G groundwaters are current or potential supplies of potable water and their associated recharge areas and shall be protected as potable water supplies. Unless otherwise identified, Class 1G groundwaters include all ground water with a naturally occurring salinity of less than10,000 mg/l.

(B) Prohibited uses and activities include, but are not limited to:

(i) Direct discharge of any waste through injection wells;

(ii) The surface or subsurface discharge of industrial waste;

(iii) Dumping or landfilling of solid waste on the surface or subsurface; and

(iv) The surface or subsurface discharge of treated industrial, human or animal waste, except through treatment and disposal devices or systems approved by EQC.

(2) Class 2G Ground Waters

(A) Class 2G groundwaters are waters with naturally occurring salinities of 10,000 mg/l or more, or other groundwaters not designated as class 1 G.

(B) Prohibited uses and activities include, but are not limited to:

(i) The surface or subsurface discharge of industrial, human or animal waste, except through treatment and disposal systems approved by the EQC.

(d) Wetlands

(1) All wetlands are to remain in as near their natural state as possible and shall be protected to support the propagation of indigenous aquatic and terrestrial life, recreation and subsistence fishing, food cultivation and gathering, aesthetic enjoyment, recreation in an on water, flood control, and recharge of groundwaters.

(2) Prohibited uses and activities include, but are not limited to:

(A) Point source discharges of pollutants;

(B) Dredging and filling activities, except as approved by the EQC;

(C) Animal pens directly over or within 50 feet of the wetland; and

(D) Siting of septic tanks within 50 feet of the wetland.

(e) Embayments

All embayments are to remain in as nearly their natural state as possible.

(1) Pago Pago Harbor: Pago Pago Harbor has been designated by the American Samoa Government to be developed into a transshipment center for the South Pacific. Recognizing its unique position as an embayment where water quality has been degraded from the natural condition, the EQC has established a separate set of standards for Pago Pago Harbor.

(A) Protected uses for Pago Pago Harbor:

(i) Recreational and subsistence fishing;

(ii) Boat-launching ramps and designated mooring areas;

(iii) Subsistence food gathering; e.g. shellfish harvesting;

(iv) Aesthetic enjoyment;

(v) Whole and limited body-contact recreation, e.g. swimming, snorkeling, and scuba diving;

(vi) Support and propagation of marine life;

(vii) Industrial water supply;

(viii) Mari-culture development;

(ix) Normal harbor activities; e.g. ship movements, docking, loading and unloading, marine railways and floating drydocks; and

(x) Scientific investigations.

(B) Prohibited uses include but are not limited to:

(i) Dumping or discharge of solid waste;

(ii) Animal pens over or within 50 feet of any shoreline:

(iii) Dredging and filling activities; except as approved by the EQC;

(iv) Toxic, hazardous and radioactive waste discharges; and

(v) Discharge of oil sludge, oil refuse, fuel oil, or bilge water, or any other wastewater from any vessel or unpermitted shoreside facility.

(C) Zones of mixing may be granted in Pago Pago Harbor by the EQC, however, no zones of mixing will be allowed within 500 feet of Goat Island Point or beneath this surface area to the bottom of the harbor.

(2) Special embayments

(A) Fagatele Bay is designated as marine sanctuary by the U.S. Department of Commerce because of pristine water quality, remote location, and rich underwater resources. Therefore, the EQC has assigned specific water quality standards to prohibit any reduction in water quality in the bay.

(B) Pala Lagoon is a shallow embayment that is important as a breeding ground for the marine life of the territory. It has been designated by the American Samoa Coastal Management Plan Rules as a special management area. Therefore, the EQC has also classified the Pala Lagoon as a special embayment.

(C) Protected uses:

(i) Recreational and subsistence fishing;.

(ii) Subsistence food gathering, e.g. shellfish harvesting;

(iii) Aesthetic enjoyment;

(iv) Whole and limited body-contact recreation, e.g. swimming, snorkeling, surfing, and scuba diving;

(v) Support and propagation of marine life;

(vi) Mari-culture development; and

(vii) Scientific investigations.

(D) Prohibited uses include but are not limited to:

(i) Dumping or discharge of solid or industrial waste materials;

(ii) Animal pens over or within 50 feet of any shoreline;

(iii) Dredging and filling activities, except when approved by the EQC;

(iv) Toxic, hazardous and radioactive waste discharges; and

(v) Discharge of oil sludge, oil refuse, fuel oil, or bilge water, or any other wastewater from any vessel or unpermitted shoreside facility.

(E) Zones of mixing will not be allowed in Pala Lagoon or Fagatele Bay.

(3) Other Embayments: All embayments of the territory excluding Pago Pago Harbor, Pala Lagoon, and Fagatele Bay are included in this category.

(A) Protected uses:

(i) Recreational and subsistence fishing;

(ii) Boat-launching ramps and designated mooring area;

(iii) Subsistence food gathering; e.g. shellfish harvesting;

(iv) Aesthetic enjoyment;

(v) Whole and limited body-contact recreation, e.g., bathing, swimming, snorkeling, surfing, and scuba diving;

(vi) Support and propagation of marine life; and

(vii) Mari-culture development.

(B) Prohibited uses include but are not limited to:

(i) Dumping or discharge of solid or industrial waste material;

(ii) Anim.al pens over or within 50 feet of any shoreline;

(iii) Dredging and filling activities, except when approved by EQC;

(iv) Toxic, hazardous and radioactive waste discharges; and

(v) Discharge of oil sludge, oil refuse, fuel oil, or bilge water from any vessel or shoreside facility.

(C) Zones of mixing may be granted in the embayments included in this paragraph by EQC.

(f) Open Coastal Waters

(1) Protected uses:

(A) Commercial, subsistence, and recreational fishing;

(B) Scientific investigations;

(C) Whole and limited body-contact recreation, e.g., swimming, snorkeling, surfing, and scuba diving;

(D) Harbors and boat-launching ramps;

(E) Commercial and recreational boating;

(F) The support and propagation of marine life; and

(G) Aesthetic enjoyment.

(2) Prohibited uses include but are not limited to:

(A) Offshore oil recovery;

(B) Dumping or discharge of solid or industrial waste material;

(C) Discharge of oil sludge, oil refuse, fuel oil, bilge waters, or any other wastewater from any vessel or unpermitted shoreside facility;

(D) Animal pens over or within 50 feet of any shoreline;

(E) Dredging and filling activities except when approved by the EQC;

(F) Toxic, hazardous and radioactive waste discharges; and

(G) Point source discharges in Manu'a off Ofu Park and between Ofu Park and the Ofu-Olosega Bridge within 1,000 feet of the bridge.

(9) Ocean Waters

(1) Protected uses:

(A) Commercial, subsistence, and recreational fishing;

(B) Scientific investigations;

(C) Commercial and recreational boating;

(D) The support and propagation of marine life;

(E) Aesthetic enjoyment; and

(F) Whole or limited body-contact recreation.

(2) Prohibited uses include but are not limited to:

(A) Discharge of oil sludge, oil refuse, fuel oil, bilge waters, or any other wastewater from any vessel;

(B) Dumping of solid or industrial waste materials without an EPA ocean dumping permit, except as approved by EQC under exclusions in the federal ocean dumping regulations; and

(C) Toxic, hazardous and radioactive waste discharges.

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

Amendments: Update and renumbering.