24.0509 Violations and penalties.

Cite as [A.S.C.A. § 24.0509]

(a) Except as otherwise specifically provided in 24.0508, any person who violates any provision of this chapter or any rules or order issued hereunder is quilty of a civil offense and, upon conviction, shall be subject to a civil fine imposed by the High Court of American Samoa not to exceed $5,000 per violation. Corporations shall also be subject to a civil fine imposed by the High Court of American Samoa not to exceed $10,000 per violation.

(b) For the purposes of this section, a violation shall constitute an offense committed on any single calendar day, and offenders may be cited on subsequent violations if the objectionable practice or activity persists beyond one calendar day and is not righted or stopped.

(c) In addition to the foregoing and in order to deter violations of the provisions of this chapter, or rules issued pursuant to this chapter, the attorney general may maintain an action in the High Court of American Samoa for exemplary damages, the amount of which is left to the discretion of the Court, against any person who intentionally and knowingly violates any provision of this act or those rules.

(d) Any individual or corporation who knowingly and willfully makes a false statement, representation, or certification in any application for a permit, or in any record, plan or other document filed or required to be maintained under this chapter or rules issued hereunder, or in any permit or order issued pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained pursuant to this chapter or rules issued hereunder or any permit or order issued pursuant to this chapter, shall be subject to permit revocation or suspension and is quilty of a class B misdemeanor and upon conviction shall be sentenced accordingly.

History: 1990, PL 21-35.