SAMOA WATER AUTHORITY (SEWERAGE AND
WASTEWATER) REGULATIONS 2009
Arrangement of Provisions

PART I
PRELIMINARY

1. Title and commencement
2. Interpretation
3. Government agencies to
comply with these regulations

PART II
SEWERAGE AND
WASTEWATER FUNCTIONS
OF THE AUTHORITY

4. Provision of sewerage and
wastewater services
5. Regulatory functions

PART III
SEWERAGE AND
WASTEWATER SCHEMES

Division 1
Areas for Sewerage Schemes

6. Designation of Areas for
Sewerage and Wastewater
Schemes
7. Effect of Designation
8. Authority may undertake civil
works etc prior to designation
of areas


Division 2
Administrative Arrangements
within Schemes
9. Forms and fees
10. Tariffs for sewerage and
wastewater services
11. Collection of charges and
fees etc.
12. Charges and fees to be a
charge against land
13. Exemptions from installation
costs
14. Delegation of powers
PART IV
PUBLIC SEWERS
15. Public sewers
16. Public sewers to contain
service connections
17. Public sewers not to be
interfered with
PART V
CONNECTIONS TO
PUBLIC SEWERS
Division 1
Requirement to connect
18. Requirement to connect to a
scheme
19. Applications for connection
permits
2 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations
20. Availability of buildings for
connection to public sewers
Division 2
Requirements applying
to connections
21. Individual service lines
22. Use of existing pipes
23. Safety precautions and
restoration
24. Service lines to conform to
standards, codes etc
25. Means of connecting to public
sewers
26. Modifying service
connections
27. Inspections of connections
and lines
28. Inspections prior to
backfilling
29. Septic tanks, cesspools and
pits to be rendered inoperable
when premises connected to
public sewer
Division 3
Ownership and responsibility
for components of systems
30. Authority to retain ownership
of service connections and
pumps
31. Connection of sewerage
pumps to electricity supplies
32. Landowners responsible for
service lines
PART VI
STANDARDS,
SPECIFICATIONS AND
CODES OF PRACTICE
33. Authority may approve
standards, specifications
and codes of Practice
34. Approved Standard
Specifications
35. Approved materials to be used
for connections and lines
36. Building and Planning Codes
to be complied with

PART VII
PROTECTION OF
SEWERAGE AND
WASTEWATER SYSTEMS
FROM TRADE WASTES
ETC.

37. Prohibited discharges into
public sewers
38. Further provisions as to
discharge of deleterious
substances
39. Roof-water etc. not to be
directed into public
sewers etc.
40. Pumping of wastewater
41. Interceptors and overflow
relief gullies
42. Permits for discharge of trade
and industrial wastewater
43. Trade Wastes Policies
44. Authority may make by-laws

PART VIII
INSPECTION, TESTING
AND MONITORING

45. Appointment of authorised
officers
46. General powers of inspection
47. Testing of waters and wastes
48. Power to issue notices






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PART IX
OTHER REGULATORY
POWERS OF THE
AUTHORITY

49. Registration of contractors
and inspectors
50. Powers of control over
contractors and inspectors



PART X
MISCELLANEOUS

51. Obligations of owners and
occupiers
52. Offences against these
Regulations
53. No liability for escape of
sewage or wastewater
54. Other regulations

Schedule

__________


PURSUANT to sections 29 and 48 of the Samoa Water
Authority Act 2003, I, TUI ATUA TUPUA TAMASESE EFI,
Head of State, acting on the advice of Cabinet HEREBY
MAKE the following Regulations:


DATED at Apia this 5th
day of June 2009.


signed: (Tui Atua Tupua Tamasese Efi)
HEAD OF STATE

REGULATIONS

PART I
PRELIMINARY

1. Title and commencement-(1) These regulations shall be
known as the Samoa Water Authority (Sewerage and
Wastewater) Regulations 2009.

4 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations
(2) These Regulations come into force on the date they are
made.
2. Interpretation-(1) In these Regulations, unless a
contrary intention appears:

“the Act” means the Samoa Water Authority Act 2003;
“approved” means approved by the Board or by the
Managing Director, as provided for by these
Regulations;
“approved form” means a form approved by the Board for
any purpose under these regulations;
“authorised person” in relation to any function, duty or
power means a person appointed by the Managing
Director under regulation 45 for the purpose of
performing that function or duty, or exercising that
power;
“the Authority” means the Water Authority originally
established under the Water Authority Act 1993/1994
and continued by the Samoa Water Authority Act 2003
under the name of the Samoa Water Authority;
“Board” means the Board of Directors of the Authority;
“cesspool” means an unauthorised excavation which
receives or is intended to receive liquid sewage which
may seep into the underlying rock formation and the
groundwater;
“commercial establishment” means a building or any part of
a building that is used for any commercial purpose;
“designated area” means any area designated from time to
time by the Authority under regulation 6, as an area in
which a sewerage and wastewater scheme is established,
implemented, managed and maintained in accordance
with these Regulations;
“dwelling” includes a separate dwelling unit forming part of
a building;
“garbage” means solid and semi solid wastes from the
domestic and commercial preparation, cooking, and
dispensing of food, from the handling and storage of
produce;
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“interceptor” means a grease trap, or other device or
installation approved by the Managing Director, for the
purpose of preventing trade wastes and other prohibited
substances from entering a sewerage and wastewater
system from premises connected to the system;
“legal description”, in relation to any land means:
(a) in the case of land registered with or recorded in the
office of the Registrar of Lands at Apia; or
(b) in the case of any other land, the definition of that
land accorded to it by the Land and Titles Court,
or as the case may be, by custom and usage;
“Managing Director” means the person holding the office of
Managing Director under section 12 of the Act, and
includes any person lawfully acting in the office;
“overflow relief gully” means an approved drain-like fitting
located outside a building, designed to release any
sewage overflow away from the interior of the building
and its surrounds in the event of a sewer blockage which
is required by regulation 41 to be installed at all
premises connected to a sewerage and wastewater
system;
“pH” means the logarithm of the reciprocal of the
concentration of hydrogen ions in gram equivalents per
litre of solution;
“privy” means a structure and excavation for the disposal of
human excreta and waste by non-water carriage methods
and includes the terms “pit privy”, “trench latrine” and
“bore-hole latrine”;
“Public Sewer” means any sewer main installed and utilised
in a sewerage and wastewater system established by the
Authority, and managed and regulated under these
regulations;
“seepage pit” means a covered pit with open jointed lining
through which treated or sewage effluent may seep or
leach into the surrounding porous soil;
“septic tank” includes all septic tanks in the ground used for
the purpose of receiving and containing sewage and
other wastewater and utilising an anaerobic
decomposition process, whether any such septic tank
6 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations
complies with lawful requirements and specifications or
not;
“service connection” means the connection installed by the
Authority between a public sewer and a service line, and
includes –
(a) any connection or junction fitted to a sewerage
pump to enable the connection of a service line
to be made; and
(b) any extension line or fitting from a sewerage pump
to enable more than one service line connection
to a single sewerage pump and well; and in every
case the service connection shall terminate at the
point of connection of a service line.
“service line” means a pipe on privately owned land
connecting the sewerage and wastewater plumbing of a
building to a service connection or sewerage pump and
well;
“sewerage pump and well” means a pump installed and
operated as part of a sewerage and wastewater system, at
which a connection is made for service connections and
service lines;
“sewerage treatment plant” means any arrangement of
pipes, devices and structures used for treating sewage;
“Sewerage and Wastewater Scheme” means a scheme
established, implemented, managed and maintained by
the Authority for the provision of sewerage and
wastewater services in designated areas;
“Sewerage and wastewater services” means any services
provided by the Authority in accordance with these
Regulations for the movement, treatment and disposal of
human or animal excreta, sewage, urine, or dirty water
or other liquid wastes permitted to be discharged into a
sewerage and wastewater system;
“Sewerage and wastewater system” means the service lines,
service connections and sewerage treatment plant and
public sewers in designated areas, managed or regulated
by the Authority under these regulations, which have the
purpose of receiving, removing, treating and disposing
of sewage and wastewater;
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“sludge” means any discharge of water, sewage, or
industrial wastewater which in concentration of any
given constituent or in quantity of flow exceeds for any
period of duration longer than 5 minutes more than five
times the average 24 hour concentration of flows during
normal operation;
“trade waste and industrial wastewater” means all water
carried wastes and wastewater of the community
(excluding residential wastewater and uncontaminated
wastewater), and includes all wastewater from any
producing, manufacturing, processing, institutional,
commercial or agricultural operation where the
wastewater discharged includes significant quantities of
wastes of non-human origin.
(2) Words and phrases used and not defined in these
regulations shall have the same meanings as is given to them in
the Act.

3. Government agencies to comply with these
regulations-(1) The requirements of these Regulations shall
apply to all premises owned or occupied by government
Ministries and agencies within areas designated for sewerage
and wastewater schemes.
(2) All officers and employees of government Ministries
and agencies must comply with the requirements of these
Regulations in the performance and discharge of their functions
and responsibilities.

PART II
SEWERAGE AND WASTEWATER FUNCTIONS OF
THE AUTHORITY

4. Provision of sewerage and wastewater services-(1)
The Authority is authorised to establish, implement, manage
and maintain sewerage and wastewater schemes in areas
designated under regulation 6 for the provision of sewerage and
wastewater services in accordance with these Regulations.
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(2) The Authority may exercise any power provided for in
these Regulations, and any other necessary or incidental power
relating to the provision of sewerage and wastewater services,
including the power to:
(a) designate areas for sewerage and wastewater
schemes;
(b) provide services, conduct inspections and otherwise
implement the provisions and requirements of
these Regulations for sewerage and wastewater
schemes in designated areas;
(c) establish, implement, manage and maintain sewerage
and wastewater systems in designated areas;
(d) retain the services of consultants and contractors for
the purpose of establishing and implementing
sewerage and wastewater schemes in accordance
with the financial procedures applying to the
Authority;
(e) participate in any development project approved by
the Government of Samoa for the purpose of
establishing and implementing sewerage and
wastewater schemes;
(f) subject to any requirement for approval applying
under any law, use public lands for the purpose
of establishing and implementing sewerage and
wastewater schemes;
(g) arrange for lands to be taken under the Taking of
Land Act 1964 for the purpose of establishing
and implementing sewerage and wastewater
schemes;
(h) recover costs and fees associated with the provision
of sewerage and wastewater services in
accordance with these Regulations;
(i) require that premises be connected to public sewers
in accordance with the requirements of Part V
(Division 1);
(j) ensure that connections to public sewers are done in
accordance with the requirements applying under
Part V (Division 2) and Part VI;
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(k) formulate, approve and apply standards,
specifications and codes of practice as provided
for in Part VI;
(l) monitor all matters associated with the operation of
sewerage and wastewater systems;
(m) enforce all applicable requirements applying to
sewerage and wastewater systems by the exercise
of the powers provided for in Part VIII, and by
any other lawful means;
(n) require the provision of any information for the
purposes of assessing applications or giving
approvals under these Regulations, or any other
information which is required to ensure that a
sewerage and wastewater system is kept
maintained and in full operation;
(o) otherwise maintain sewerage and wastewater
systems in sewerage and wastewater schemes;
and
(p) subject to all lawful requirements, make discharges
from sewerage and wastewater systems in
sewerage and wastewater schemes.
5. Regulatory functions - To effectively implement and
manage sewerage and wastewater services in accordance with
these Regulations, the Authority may exercise regulatory
powers to:
(a) prescribe, apply and enforce standards, specifications
and codes of practice in accordance with Part VI;
(b) enforce prohibitions and restrictions applying under
Part VII for the protection of public sewers and
sewerage and wastewater systems;
(c) require the registration of -
(i) contractors who undertake work in
relation to public sewers and sewerage and
wastewater systems; and
(ii) inspectors who undertake inspections and
impose requirements in relation to public sewers
and sewerage and wastewater systems on behalf
of the Authority;
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(d) maintain a system of registration of contractors and
inspectors; and
(e) exercise control over registered contractors and
inspectors.

PART III
SEWERAGE AND WASTEWATER SCHEMES

Division 1
Areas for Sewerage Schemes

6. Designation of Areas for Sewerage and Wastewater
Schemes-(1) The Authority may, by Notice published in the
Savali, designate any area or areas in Samoa in which a
sewerage and wastewater scheme will be established,
implemented, managed and maintained in accordance with
these Regulations.
(2) Subject to regulation 7, a notice designating an area for
the establishment, implementation and management of a
sewerage and wastewater scheme shall take effect upon its
publication.
(3) An area may be designated under this regulation by
reference to:
(a) a road name or road names;
(b) specific premises;
(c) defined boundaries of an area; or
(d) any depiction of the area by a map, plan or
otherwise.

7. Effect of Designation-(1) Subject to sub-regulations (2),
(3), and (4), the provisions of these Regulations (other than
Part IX) shall apply to any area designated under regulation 6.
(2) The Authority may progressively establish and
implement a sewerage and wastewater scheme at premises or
locations within a designated area, and may determine that
certain premises or places shall not be required to connect to a
public sewer until a date nominated by the Authority.
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(3) The Authority may determine that certain premises or
locations within a designated area will not be included in a
sewerage and wastewater scheme, and shall not be entitled to
connect to a public sewer in a scheme.
(4) All determinations made under this regulation shall be
notified in writing to the owner or occupier of the premises
affected by the determination, and shall be specified in the
Notice published by the Authority under regulation 6(1).
(5) The Authority may issue and publish amendments to a
Notice published under regulation 6(1) at any time after it has
been first published, for the purpose of specifying any
determination made under this regulation.
(6) No septic tank or privy may be used or constructed for
the purpose of disposing sewage at any premises in a designated
area after sewerage and wastewater services are provided to
those premises under these Regulations, unless the Managing
Director gives approval for the use or construction.

8. Authority may undertake civil works etc prior to
designation of areas - Nothing in these Regulations prevents
the Authority from undertaking any civil works or other
preparatory works or arrangements for the provision of
sewerage and wastewater services under these Regulations prior
to the publication of a Notice under regulation 6(1).

Division 2
Administrative Arrangements within Schemes

9. Forms and fees-(1) The Board may approve any
forms for:
(a) applications;
(b) approvals or permits;
(c) certificates or registrations;
(d) inspections;
(e) enforcement procedures; or
(f) any other purpose necessary for the implementation
of any matter under these Regulations.
12 Samoa Water Authority (Sewerage and 2009/15
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(2) The Board may determine fees applying to any
application, approval, certification, registration or inspection
undertaken by the Authority under these Regulations.
10. Tariffs for sewerage and wastewater
services-(1) In accordance with the power provided for in
section 10(2)(j) of the Act, the Board may, from time to time,
approve a tariff of charges and fees which are to be paid in
relation to the provision of sewerage and wastewater services by
the Authority in accordance with these Regulations.
(2) The tariff of charges and fees approved from time to
time by the Board under sub-regulation (1) may include fees
and charges for –
(a) sewerage service charges;
(b) connection fees;
(c) inspection fees;
(d) maintenance charges; and
(e) any other charge or fee approved by the Board for
the provision of sewerage and wastewater
services, which may be fixed and applied to any
particular premises or classes of premises.
(3) The charges approved under sub-regulation (2)(a) may
be calculated on the basis of water consumed at the premises, or
by reference to:
(a) the rate of discharge of wastes from the premises;
(b) the number of toilets and other sanitation facilities
on the premises; or
(c) any combination of the basis for charges under this
sub-regulation.
(4) The Board may, from time to time, approve the
imposition of any surcharge on the charges applying under sub-
regulation (2) (a) or (b) for any purpose and for any period
determined by the Board.
(5) The owner of any premises connected to a sewerage and
wastewater scheme in accordance with these Regulations must
pay:
(a) to the Electric Power Corporation, all electricity
charges relating to the operation of the sewerage
pump at the premises; or
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(b) to the Authority, a proportionate share of any
electricity charges relating to any sewerage
pump installed by the Authority for the purposes
of the scheme and for which the Authority is
billed by the Electric Power Corporation.
(6) The Authority may impose and collect charges and fees
under this regulation from owners of lands within designated
areas who fail or refuse to make a connection to a sewerage and
wastewater system, or who otherwise decline to make use of the
available sewerage and wastewater services.
(7) The charges and fees imposed under sub-regulation (6)
for available but unutilised services may be fixed at a rate that is
higher than the charges imposed under sub-regulation (2)(a) or
(b).
(8) The Managing Director may determine and impose
charges for any services provided to persons within designated
areas by the Authority in relation to a sewerage and wastewater
system which are not the obligation of the Authority to provide
under these Regulations.

11. Collection of charges and fees etc. – (1) The charges
and fees imposed by the Authority under these Regulations are
charges and fees for services provided by the Authority in
accordance with the provisions of Division 4 of Part III of the
Act.
(2) The following provisions of the Act shall apply to the
charges and fees imposed by the Authority under these
Regulations –
(a) the obligation to pay rates, fees and charges under
section 35 of the Act;
(b) the imposition of interest on rates, fees and charges
under section 36 of the Act;
(c) the application of discounts on rates, fees and
charges under section 37 of the Act;
(d) rebate of rates on failure of supply of services under
section 39 of the Act; and
(e) action for the recovery of debts under section 40 of
the Act.
14 Samoa Water Authority (Sewerage and 2009/15
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(3) The failure to pay any charge or fees under these
Regulations shall be grounds for disconnecting water supplies
to the premises in relation to which the charges or fees are
outstanding.
(4) For the purposes of sub-regulation 2(b), the interest rate
to be imposed in relation to unpaid charges and fees shall be
calculated at a rate of 5% per annum.
(5) Where a payment is made by any person who owes
money to the Authority for both water rates and any charges for
sewerage and wastewater services, the Authority may credit that
payment first to the payment of the charges applying under
these Regulations.

12. Charges and fees to be a charge against land- (1) All
charges and fees imposed under regulation 10(1) and (2) shall
be a charge against the land to which the sewerage and
wastewater services charges and fees relate.
(2) Notwithstanding the provision of any other law, any
charges and fees imposed under these Regulations which
remain unpaid as at the date of the transfer of the land to which
they relate shall become a debt due to the Authority by any
subsequent purchaser of the land.
(3) The provisions of this regulation do not affect the
liability of previous owners to whom the charges and fees were
originally billed, and the Authority may take action to recover
the charges and fees even though the legal title to the land may
have passed to a subsequent owner.
(4) The Authority may issue certificates to intending
purchasers of allotments to which sewerage and wastewater
schemes apply to state the amount of charges and fees imposed
under these Regulations which are outstanding as at any
relevant date.
(5) The purchaser of any allotment to which sewerage and
wastewater schemes apply may deduct any outstanding amount
of charges and fees stated in a certificate given by the Authority
and account to the Authority for those charges and fees on
behalf of any seller of the allotment who is liable to make
payment of those fees.
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(6) A fee for the issue of any certificate provided under
this regulation may be imposed by the Authority in accordance
with regulation 9(2).

13. Exemptions from installation costs-(1) The Authority
may determine that the costs and expenses relating to the
installation and connection of a service line to a public sewer in
a sewerage and wastewater scheme, or of an interceptor as
required by regulation 41, are to be borne by the Authority.
(2) Any person whose premises are connected to the
sewerage and wastewater system by the Authority under sub-
regulation (1), or on whose premises an interceptor is installed
by the Authority, shall have no right to sue the Authority for
any damage that may directly or indirectly be caused by the
installation and connection of the service line or interceptor, but
the Authority shall repair at its expense, any such damage
caused and arising at the time of installation or connection.

14. Delegation of powers-(1) The powers of the Board
under these regulations may be delegated in accordance with
section 5 of the Act.
(2) The powers of the Managing Director under these
Regulations may be delegated to any officer of the Authority by
notice in writing signed by the Managing Director.
(3) The provisions of section 5 of the Act shall apply to a
delegation made under sub-regulation (2) as if the references in
section 5(2)-(4) of the Act to the “Board” are references to the
“Managing Director”.

PART IV
PUBLIC SEWERS

15. Public sewers-(1) The construction, use and
maintenance of all public sewers shall be carried out in
accordance with written approvals given by the Managing
Director.
(2) The Managing Director may impose any conditions
on an approval given under this regulation.
16 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(3) All public sewers shall be constructed in accordance
with best trade practice, and in compliance with pipe
manufacturer’s recommendations, and approved standards and
specifications.
(4) Standard specifications applying to any or all aspects of
sewer construction, including selection of materials, minimum
standards of workmanship, and all other matters which the
Authority considers relevant, may be formulated, approved and
applied in accordance with Part VI.

16. Public sewers to contain service connections-(1) In
the course of construction of a public sewer, service
connections shall be provided in the number, sizes and locations
so as to receive at least a single service line on each allotment
developed or likely to be developed in an area or subdivision, or
in a relevant village or urban area.
(2) The Managing Director may require the provision of
more than one service connection for any allotment within a
sewerage and wastewater scheme.
(3) Unless otherwise approved from time to time by the
Managing Director, service connections shall be installed at the
time of construction of each public sewer.
(4) Service lines or service connections passing over water
mains shall be installed only with the approval of the Managing
Director, and shall be installed in a manner approved by the
Managing Director, and which is consistent with any applicable
standard, specification or code of practice.
(5) Final locations of service connections may only be
adjusted in the field if it is necessary to best serve existing and
future buildings, and if such an adjustment is approved by the
Managing Director, or an officer of the Authority authorised for
this purpose by the Managing Director.
(6) The ends of all service connections shall be fitted with
plugs approved for that purpose by the Managing Director or as
prescribed by a relevant standard or specification approved
under these Regulations, until such time as services lines are
installed and approved by the Authority.
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Wastewater) Regulations

17. Public sewers not to be interfered with – No
person, other than an authorised person acting on behalf of the
Authority, may –
(a) uncover a public sewer;
(b) make any connection with or opening into a public
sewer; or
(c) use or alter or disturb any public sewer or fitting on
or relating to a public sewer,
without first obtaining a written permit from the Managing
Director.
PART V
CONNECTIONS TO PUBLIC SEWERS
Division 1
Requirement to connect
18. Requirement to connect to a scheme-(1) Subject to
this regulation and to regulation 7(3), all owners of any building
that is located within an area that has been designated for
establishing and implementing a sewerage and wastewater
scheme are required to apply to the Authority for a sewer
connection permit, and to connect to the system.
(2) All owners and occupiers of any building to which sub-
regulation (1) relates must permit authorised persons of the
Authority, and person acting on behalf of the Authority, to have
access to their lands and buildings for any purposes associated
with the installation of sewerage and wastewater systems on
their land, and making connections from the system to their
building or buildings.
(3) The Managing Director may exempt any building from
compliance with sub-regulation (1) if the building is not used
for a residential or commercial purpose and is not required by
law to have sanitation facilities of any kind.
(4) Connections to a system shall be completed after a
public sewer has become available for connection under
regulation 20, and by a date determined by the Managing
Director and notified to owners and occupiers of affected
buildings by:
18 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(a) the delivery of a notice to the building; or
(b) the publication of an advertisement to that effect in a
newspaper in Samoa; or
(c) the publication of a notice on radio or television; or
(d) any combination of the means of notification stated
in paragraph (a) – (c).

19. Applications for connection permits-(1) Applications
under regulation 18(1) may be made to the Authority at any
time after the publication of the Notice under regulation 6, and
shall be made within 90 days of the publication of the relevant
Notice under regulation 6(1), or such other time as is
determined by the Managing Director.
(2) Every application for connection to a sewerage and
wastewater system shall:
(a) be made on the approved form;
(b) be signed by the applicant;
(c) be accompanied by the application fee; and
(c) include the information required by sub-regulation
(3), and any further information which may be
required by the Managing Director.
(3) In an application for connection to a system the
applicant shall provide information of -
(a) the date and place of application;
(b) the location of the premises to be connected;
(c) the names and addresses of the owner and occupier
of the premises to be connected;
(d) the legal description of the land upon which the
premises are erected, or in respect of which the
premises to be connected form part;
(e) details of all dwellings and commercial
establishments on the premises to be connected,
and in the case of commercial establishments, the
uses to which they are used or intended to be
used;
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(f) an acknowledgement that the applicant will, as a
condition of continued service, comply with
these Regulations and all bylaws made by the
Authority to the extent that these regulations and
the by-laws are applicable to the applicant, or the
premises to be connected;
(g) a plan showing the point at which the connection of
the service line to the service connection is to be
made, and a description of the proposed method
of connection;
(h) such other plans, specifications, and other technical
details (including a profile of the proposed
service line) as the Managing Director may
require from time to time; and
(i) the name of the person or contractor who will carry
out the work, and the person’s registration details
(if applicable).
(4) The Managing Director may determine that certain
information required under sub-regulation (3) need not be
provided if the connection is to be made by or on behalf of the
Authority.
20. Availability of buildings for connection to public
sewers-(1) A public sewer shall be deemed to be available for
connection to a particular building when the public sewer has
been constructed in a road reserve or other place which is
adjacent to the allotment on which the building is located.
(2) The Managing Director may prescribe distances which
may not be exceeded in completing a connection.
Division 2
Requirements applying to connections

21. Individual service lines-(1) Subject to sub-regulation
(2), a separate and independent service line shall be provided
for each allotment of land, and the service line shall be of such a
diameter as to accommodate the wastewater flows which are
estimated to be discharged from all the buildings on that
allotment.
20 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(2) Notwithstanding the provisions of sub-regulation (1), the
Managing Director may grant approval for the connection of:
(a) more than one allotment to a single service
connection; or
(b) more than one service line on an allotment if there is
more than one occupier of that allotment in
separate premises, or in separate parts of a
building.
(3) An approval under sub-regulation (2) may be given on
such conditions as the Managing Director determines.
22. Use of existing pipes – Existing service lines may be
used to connect new buildings if they are found, on examination
and testing by an authorised person, to meet all of the
requirements of these Regulations, and all approved standards
and specifications.
23. Safety precautions and restoration-(1) It shall be the
responsibility of any person undertaking excavations for service
connections or service line installation to ensure that all areas of
excavation and installation are adequately guarded with
barricades and lights so as to protect the public from danger.
(2) Streets and other public or private property disturbed in
the course of the work shall be restored by the person
undertaking the works to their previous condition in a manner
and to the extent required by the Managing Director, or a person
authorised for this purpose by the Managing Director.
(3) Any person undertaking any excavations for service
connections or service line installation must ensure that the land
affected by those activities is restored to its former state, as far
as it is practicable to do so.
(4) Unless otherwise determined by the Managing Director,
the persons undertaking works referred to in this regulation
must meet the cost of all necessary restoration work.
(5) In the event that restoration work is not carried out in a
time determined by the Managing Director or to the satisfaction
of the Managing Director, the restoration work may be
undertaken by the Authority, which may recover the cost of the
works as a debt due to the Authority from either:
2009/15 Samoa Water Authority (Sewerage and 21
Wastewater) Regulations

(a) the person who undertook the work; or
(b) the owner of the land for whom the work was
undertaken.

24. Service lines to conform to standards, codes etc – All
connections of service lines into sewerage and wastewater
systems must conform to the requirements of any:
(a) building or plumbing code operative in Samoa at the
time the connection is made; and
(b) applicable standards, codes of practice or by-laws of
the Authority made under these Regulations; and
(c) standards set by the Chief Executive Officer of the
Ministry of Health.
25. Means of connecting to public sewers-(1) Where there
is a service connection available from a public sewer, the
connection of the service line to that sewer must be made
through that service connection.
(2) Where there is no available service connection to a
public sewer, no connection may be made without the written
approval of the Managing Director.
(3) Any approved connection made to a public sewer must
be in accordance with:
(a) any conditions placed on the approval by the
Managing Director; and
(b) all applicable standards, specifications and codes of
Practice.
26. Modifying service connections – Where it is proposed
to change the use of any allotment serviced by a sewerage and
wastewater system, and the change increases the amount or alter
the nature of the sewage being discharged from the allotment,
the owner shall:
(a) give notice of the proposed change to the Authority;
(b) submit an application in accordance with the
requirements of regulation 19;
(c) comply with any requirements imposed by the
Managing Director in relation to any necessary
modification of the service connection, service
22 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

lines or any other part of the sewerage and
wastewater system; and
(d) meet the cost of all necessary modifications.

27. Inspections of connections and lines-(1) The person to
whom a sewer connection permit is granted shall notify the
Authority when the service line is ready for inspection and
connection to the service connection.
(2) All connections of service lines must be made under the
supervision of a person approved by the Authority, or registered
with the Authority under regulation 49.

28. Inspections prior to backfilling - No person is
permitted to backfill a service connection and service line until
it has been inspected and approved by an officer of the
Authority or other qualified person authorised for that purpose
by the Managing Director.

29. Septic tanks, cesspools and pits to be rendered
inoperable when premises connected to public sewer-(1) In
every case where premises which have previously been served
by a septic tank, cesspool or seepage pit are connected to a
public sewer, the owner of those premises may be required by
the Authority to fill such septic tank, cesspool or seepage pit
with approved material so as to make it inoperable.
(2) The obligation to comply with sub-regulation (1) shall
apply to an occupier of land who has been served with a notice
issued by the Managing Director requiring that a septic tank,
cesspool or seepage pit be filled.
(3) The Managing Director may make arrangements with a
landowner:
(a) to retain any septic tank, cesspool or seepage pit
which may be used for any operational purpose
associated with a sewerage and wastewater
system; and
(b) relating to the retention or decommissioning of
existing treatment facilities.

2009/15 Samoa Water Authority (Sewerage and 23
Wastewater) Regulations

Division 3
Ownership and responsibility for components of systems

30. Authority to retain ownership of service connections
and pumps-(1) The ownership of all public sewers, service
connections and sewerage pumps and related fittings remains
vested in the Authority regardless of the ownership of the land
on which they are installed.
(2) It shall be an offence for any person to remove, interfere
with or damage any public sewer, service connection or
sewerage pump without the authority of the Managing Director
or an authorised person.
(3) All landowners of lands on which property of the
Authority is sited, and all other persons on those lands must
ensure that no activity, object or thing on the land interferes
with the ordinary operation of service connections and sewerage
pumps and wells.
(4) An easement in favour of the Authority is deemed to be
created on any lands upon which:
(a) public sewers are placed for any sewerage or
wastewater system under these Regulations; or
(b) service connections or sewerage pumps and wells are
installed for the purposes of any pressurised
sewerage and wastewater system installed by the
Authority under these Regulations.

31. Connection of sewerage pumps to electricity
supplies-(1) The Authority shall have the right to make a
connection to electricity services provided to premises for the
purposes of installing and operating sewerage pumps as part of
the sewerage and wastewater services provided to the premises
under these Regulations.
(2) All landowners and occupiers of lands and premises
which are served with a sewerage and wastewater service
requiring the installation and use of a sewerage pump must
ensure that the pump is supplied with the electricity required for
its effective operation.
24 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(3) The Authority may make arrangements for the
installation of a sewerage pump which shall serve more than
one allotment and in such cases the Authority may:
(a) make necessary arrangements for the provision of an
electric power supply for the pump; and
(b) collect a proportionate share of the electricity
charges arising from the use of the pump from
the landowners whose allotments are served by
the pump.

32. Landowners responsible for service lines-(1) Once
installed on land all service lines shall be the property of the
landowner, and it shall be the responsibility of the landowner
and any occupier of the land to ensure that the service lines are
kept and maintained in a safe and operational condition.
(2) Owners and occupiers of lands must permit authorised
persons to have full and unimpeded access to service lines on
their properties, and to undertake such inspections and
maintenance works as may be considered necessary by any
authorised person at any time.

PART VI
STANDARDS, SPECIFICATIONS AND CODES
OF PRACTICE
33. Authority may approve standards, specifications
and codes of Practice-(1) The Authority may prepare, approve,
publish, apply and enforce standards and specifications relating
to:
(a) the construction, use and maintenance of public
sewers;
(b) any aspect of service connections to public sewers,
including their construction, capabilities,
installation, location and maintenance;
(c) service lines, including their quality, size,
installation, location and maintenance;
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Wastewater) Regulations

(d) any connection to a sewerage and wastewater
system, including the use of existing pipes;
(e) excavation and remedial works relating to
connections to and maintenance of sewerage and
wastewater systems;
(f) the filling in or rendering safe of any sewerage
facility that is rendered redundant by the
provision of sewerage and wastewater services
under these Regulations;
(g) the nature of prohibited discharges into public
sewers and the management of other items and
substances entering sewerage and wastewater
systems;
(h) the construction, installation, capabilities and
maintenance of interceptors installed in sewerage
and wastewater systems;
(i) the sampling and testing of wastes and wastewater,
and the monitoring of any aspect of a sewerage
and wastewater system;
(j) the measure of biochemical oxygen demand and
chemical oxygen demand for the purposes of
determining whether a discharge is prohibited
under regulation 37(1)(k); and
(k) any other matter, thing or procedure necessary for
the effective operation and maintenance of
sewerage and wastewater systems.
(2) The interim standards and specifications specified in the
Schedule shall apply until they are modified or replaced by
alternative standards and specifications made by the Authority
under this regulation.
(3) The Authority may prepare, approve, publish, apply and
enforce codes of practice applying to contractors and inspectors
registered under regulation 49.

34. Approved Standard Specifications-(1) Standard
specifications and drawings for the design and construction of
service lines applying to residential and non-residential
buildings may be prepared and sold by the Authority.
26 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(2) The standard specifications and drawings in sub-
regulation (1) may be approved by the Managing Director and
may be offered for sale at a price fixed by the Managing
Director.

35. Approved materials to be used for connections and
lines-(1) The Managing Director may require the use of service
lines and connection fittings made only from approved
materials.
(2) The Managing Director may prohibit the use of service
lines and connection fittings made from certain materials
determined by the Managing Director as being unsuitable or
unacceptable.

36. Building and Planning Codes to be complied with –
The size, slope, alignment, and materials of construction of a
service line and the methods to be used in excavating placing of
the pipe, jointing, testing and backfilling the trench, shall
conform to the requirements of any:
(a) building and planning code applying in Samoa at the
time the work is done;
(b) applicable standards, codes of practice or by-laws of
the Authority as made under these Regulations;
and
(c) to standards determined by the Chief Executive
Officer of the Ministry of Health.
PART VII
PROTECTION OF SEWERAGE AND WASTEWATER
SYSTEMS FROM TRADE WASTES ETC.
37. Prohibited discharges into public sewers-(1) Subject
to sub-regulation (2), no person may discharge or cause or
suffer to be discharged into a public sewer, any of the following
substances:
(a) stormwater, surface water, groundwater, roof
run-off, sub-surface drainage, uncontaminated
cooling water, or unpolluted industrial process
waters;
2009/15 Samoa Water Authority (Sewerage and 27
Wastewater) Regulations
(b) petrol, naphtha, fuel oil or other flammable or
explosive liquid, solid or gas;
(c) water or waste containing toxic or poisonous solids
liquids or gases (including phenols, cyanides,
iron, chromium, copper zinc, heavy metals and
any objectionable or toxic substances) in
sufficient quantify (either singly or by interaction
with other wastes) to –
(i) injure or interfere with any sewerage
treatment process;
(ii) constitute a hazard to humans or animals;
(iii) create a public nuisance or create any
hazard in the receiving waters of the sewerage
treatment plant or at the sewage outfall.
(d) solids or viscous substances (including ashes,
cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, improperly
ground and unground garbage, whole blood,
paunch manure, hair and fleshing, entrails, paper
dishes, paper cups, paper mil containers, grease
and similar substances. either whole or ground by
garbage grinders) in quantities of such size as
are capable of causing obstruction to the flow in
sewers, or other interference with the proper
operation of the sewerage and wastewater
system;
(e) noxious or malodorous gases, which singly or in
combination with other substances, may –
(i) create a nuisance or hazard to life;
(ii) interfere with the operation of a sewerage
or wastewater system; or
(iii) cause a breach of any legal requirements
as to effluent discharge into receiving waters;
(f) radioactive wastes or isotopes of such half-life or
concentration as may exceed limits imposed
from time to time by the Managing Director;
(g) liquid or vapour having a temperature higher than 55
degrees Celsius or of 100 parts per million by
weight, or other substances that will become
28 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

solidified or visibly viscous at temperatures
between 15 degrees Celsius and 140 degrees
Celsius;
(h) liquid or wastes containing fats, wax, grease or oils,
whether emulsified or not, in excess of 100 parts
per million by weight, or other substances that
will become solidified or visibly viscous at
temperatures between 15 degrees Celsius and
140 degrees Celsius;
(i) waters or wastes having a pH lower than 5.5 or
having any other corrosive properties capable of
causing damage or hazards to structures,
equipment, or personnel in sewerage and
wastewater systems;
(j) waters or wastes having a pH in excess of 9.5;
(k) material with unusual biochemical oxygen demand,
chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a
significant load on the sewerage and wastewater
system;
(l) materials or equipment which exert or cause
excessive discolouration or unusual volume of
flow or concentration of wastes constituting
sludges;
(m) water or wastes containing substances which are
not amenable to treatment or reduction by the
sewerage treatment processes employed by the
Authority, or are amenable to treatment only to
such degree that the sewerage treatment effluent
cannot meet the legal requirements applying to a
sewerage and wastewater system; and
(n) wastes removed from septic tanks and cesspools,
except if such discharges are previously
authorised by the Managing Director, and are
carried out in the presence of an authorised
person at a permitted time.
2009/15 Samoa Water Authority (Sewerage and 29
Wastewater) Regulations
(2) Notwithstanding the provisions of sub-regulation (1) the
Authority may exempt any person from any of the requirements
of sub-regulation (1) (subject to such conditions as may be
imposed), if the Managing Director is satisfied that the
exemption relates to wastes that are unlikely to:
(a) harm any component part of the relevant sewerage
and wastewater system;
(b) have an adverse effect on the receiving waters; and
(c) cause hazard to human or animal health, damage to
property or constitute a nuisance.
(3) In considering whether to grant an exemption under
sub-regulation (2) the Managing Director shall have regard to -
(a) the quantities of the waste proposed to be discharged
in relation to flow and velocities in the sewerage
and wastewater system;
(b) the capacity of the sewerage treatment plant;
(c) the degree of treatability in the sewerage treatment
plant of the wastes proposed to be discharged;
(d) the cost to the Authority of receiving and discharging
the wastes; and
(e) such other matters determined by the Managing
Director as having implications for the proper
operation of the sewerage and wastewater
system.
(4) The Managing Director, in approving an exemption
under this regulation, may:
(a) impose conditions relating to -
(i) the partial or preliminary treatment of
wastes before they are discharged into a public
sewer;
(ii) the provision and maintenance of
metering and sampling equipment; and
(iii) controlling the nature, strength and rate
of discharge of the wastes; and
(b) levy an additional fee to the basic rate of charges, as
may in the opinion of the Managing Director be
necessary to reimburse the Authority for any
additional costs in receiving and discharging
such wastes.
30 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(5) The Managing Director shall have the right to revoke
any approval for an exemption given under this regulation, and
to vary any conditions imposed under sub-regulation (4) at any
time after the approval has been given.

38. Further provisions as to discharge of deleterious
substances-(1) If any waters or wastes are discharged or
proposed to be discharged into a public sewer which contain the
substances or possess any of the characteristics referred to in
regulation 37, and which the Managing Director considers may
have a deleterious effect upon the sewerage and wastewater
system or receiving waters, or which otherwise may create a
hazard to health or constitute a nuisance, the Managing Director
may prohibit the discharge of the wastes or:
(a) require pre-treatment to an acceptable condition for
the discharge to the public sewer;
(b) require control over the quantities and rates of
discharge;
(c) impose additional costs for treating and disposing of
the wastes.
(2) In any case where the Managing Director permits the
pre-treatment or equalisation of waste flows, the costs of the
design and installation of the plant and equipment necessary to
give effect to this shall be borne by the owner of the premises
from which the wastes are discharged or proposed to be
discharged, and in no case shall they be required to be borne by
the Authority.
(3) Where an owner of premises fails to pay the costs
referred to in sub-regulation (2), the Managing Director may
serve a notice on the occupier of the premises requiring that the
occupier meet such costs, and in such a case the occupier shall
become liable for the costs as a debt due to the Authority.
(4) All plant and equipment referred to in sub-regulation (2)
shall be maintained and kept continuously in satisfactory
operational condition by the owner or occupier, and the owner
and occupier of the premises from which the wastes are
discharged shall be jointly and severally liable for the
maintenance costs.
2009/15 Samoa Water Authority (Sewerage and 31
Wastewater) Regulations

39. Roof-water etc. not to be directed into public sewers
etc. – No person may make any connection of roof downspouts,
exterior foundation drains, or any drains or other sources of
surface run-off or groundwater to a service line or to any pipe
which in turn is connected directly or indirectly to a public
sewer.

40. Pumping of wastewater – Whenever wastewater is
discharged to a sewerage and wastewater system by pumping,
the maximum capacity of the pumping station shall be not
greater than the rate of flow determined for each such case by
the Managing Director.

41. Interceptors and overflow relief gullies-(1) Subject to
sub-regulation (2), the Managing Director may serve a notice on
the owner or occupier of any premises where –
(a) food preparation or processing is undertaken; or
(b) other trade wastes are generated,
to require that an approved interceptor be installed at the
premises.
(2) The Managing Director may exercise the power under
sub-regulation (1) if the Managing Director considers that
interceptors are necessary to properly deal with liquid wastes
containing grease in excessive amounts, or any flammable
wastes, sand or other harmful ingredients of wastes which might
be discharged into a public sewer from the premises.
(3) All premises which are connected to a sewerage and
wastewater system are required to have an overflow relief gully
installed at a location and in a manner:
(a) which is consistent with any approved standard or
specification; or
(b) as required by the Managing Director.
(4) Every interceptor and overflow relief gully shall be kept
clean and in good repair by the owner or occupier of the
premises on which it is sited, or the user of the interceptor or
overflow relief gully.
32 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(5) The Managing Director or any person authorised by the
Managing Director has the right of unobstructed access to
inspect interceptors and overflow relief gullies during daylight
hours or when commercial premises are in operation or being
used for the preparation or processing of food.
(6) The Managing Director may give notice in writing to the
user of the interceptor or overflow relief gully, or to the
occupier of the premises on which the interceptor or overflow
relief gully is situated, requiring that person to clean or repair
the interceptor or overflow relief gully.
(7) If any notice given under sub-regulation (6) is not
complied with within 48 hours from the service of the notice,
the Authority may cause the interceptor or overflow relief gully
to be cleaned or repaired, and the cost incurred by the Authority
shall constitute a debt due to the Authority from the person to
whom the notice was given.
42. Permits for discharge of trade and industrial
wastewater-(1) No person may discharge trade or industrial
wastewater into a public sewer except in accordance with
conditions of a permit issued by the Authority.
(2) Every application for a permit under this regulation or
for an exemption under regulation 37(2) shall be made on the
approved form, and an applicant shall provide such further
information as the Managing Director may require.
(3) The Managing Director may approve or refuse any
application for a permit or exemption referred to in this
regulation, and any grant of a permit or exemption may be made
subject to such conditions as the Managing Director considers
necessary, including conditions which require:
(a) the payment of any on-going charge fixed by the
Managing Director; or
(b) the payment of the cost of any necessary addition or
modification to any part of the sewerage and
wastewater system.
(4) The Managing Director may, in addition to any other
conditions which may be imposed when granting any permit
under this regulation, require the applicant at the applicant’s
expense, to install and maintain in the service line through
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Wastewater) Regulations

which the wastes are to be conveyed to the public sewer, a
suitable manhole together with such necessary meters and other
equipment and fittings as may be necessary to facilitate
observation, sampling and measurement of the wastes.
(5) Every manhole required pursuant to this regulation shall
be accessibly and safely located, and shall be constructed in
accordance with plans approved by the Managing Director.

43. Trade Wastes Policies - The Authority may approve,
and amend from time to time, trade wastes policies to be
applied to any sewerage and wastewater system under these
Regulations.

44. Authority may make by-laws-(1) The Authority
may from time to time make by-laws to:
(a) apply and enforce the policy made under regulation
43;
(b) set out the principles and general conditions upon
which the Authority will consider applications
for exemptions under regulation 37, or the grant
of permits under regulation 42;
(c) set out the basis for calculating additional fees for the
acceptance of wastes or trade wastewater; or
(d) otherwise regulate any matter within its powers,
clarify any obligation of any person under these
Regulations or determine any procedures to be
applied to implement these Regulations.
(2) The Authority may from time to time make by-laws to
amend or modify the specifications of prohibited wastes, and
any such specification shall be deemed to be so amended as
from a date specified in the by-law.
(3) Where the effect of any by-law made under this
regulation would be to render unlawful the discharge of wastes
of a kind previously discharged with the consent of or pursuant
to an exemption or permit granted by the Authority, that
consent, exemption or permit shall, subject to sub-regulation (4)
be deemed to lapse 28 days after the coming into operation of
34 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

the by-law and the holder of the consent, exemption or permit
shall within 28 days make a further application for the extension
of the consent, exemption or permit in the form approved by the
Managing Director.
(4) Where a further application is made pursuant to
sub-regulation (3) the Managing Director may extend the
validity of an existing consent, extension or permit for such
reasonable time as the Managing Director deems fit.
(5) By-laws made under these Regulations may prescribe
offences for the breach of any by-law, and may impose
penalties for such breaches being fines not exceeding five (5)
penalty units.
(6) The breach of any by-law made under these Regulations
shall be grounds for the Authority cancelling or suspending any
approval, permit or registration issued or made under these
Regulations.
(7) All by-laws made under these Regulations shall come
into effect upon their publication in the Savali.

PART VIII
INSPECTION, TESTING AND MONITORING

45. Appointment of authorised officers-(1) The
Managing Director may, by written notice, appoint any officer,
employee or agent of the Authority to be an authorised person
for any purpose under these Regulations.
(2) When making an appointment under sub-regulation (1),
the Managing Director may prescribe the specific powers which
the authorised person may exercise under these Regulations, or
the appointment may generally authorise the exercise of all
powers of an authorised person under these Regulations.
(3) The Managing Director is an authorised person for all
purposes under these Regulations.
(4) The protections given to officers, employees and
agents of the Authority under section 44 of the Act shall apply
to all authorised persons appointed under this regulation.

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Wastewater) Regulations

46. General powers of inspection-(1) All authorised
persons (upon production of proper identification if requested)
shall be entitled at any time during daylight hours or when
commercial premises are in operation, to enter upon any
premises connected to a sewerage and wastewater system, or
upon any property over which the Authority has an easement or
right, for the purpose of inspections, observation, measurement,
sampling and testing in accordance with the provisions of these
Regulations.
(2) In the exercise of the powers conferred by sub-regulation
(1), an authorised person may:
(a) conduct such investigations and examinations as are
necessary to monitor the effects of any activity,
matter or thing on a sewerage and wastewater
system, or to determine whether any offence or
breach of a lawful obligation has been
committed;
(b) install, operate and maintain equipment and
instruments, and wastewater measuring sites and
gauging stations on all government land, and on
private lands with the consent of the owner of the
land;
(c) do any digging or excavation necessary for a lawful
purpose under these Regulations;
(d) erect public notice boards and information or
warning signs within sewerage and wastewater
schemes on any government land, and on private
land with the consent of the owner of the land;
(e) take samples for the purpose of analysis and testing;
(f) take photographs, film, audio, video or other
recordings;
(g) take measurements;
(h) require any person apparently associated with an
activity under investigation to state his or her full
name, occupation and usual place of residence;
(i) require the production of any document relevant to
the activity, matter or thing under investigation,
including any licence or permit required by law;
36 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(j) require from any person any assistance that is
relevant to the investigation or monitoring
activity; and
(k) seize and remove any item used in the commission of
an offence against these Regulations, or
reasonably suspected as having been so used.

47. Testing of waters and wastes-(1) All measurements,
tests and analysis of waters and wastes to which reference is
made in these Regulations shall be done at places and times,
and in a manner approved for any such purposes:
(a) in any approved standard, specification or code of
practice; or
(b) by the Managing Director.
(2) Sampling, testing and analysis shall be carried out only
by approved persons or at approved laboratories (or by a
combination of both), and shall be conducted in accordance
with best scientific practice or procedures approved by the
Managing Director.
(3) All costs of or connected with the sampling, testing and
analysis carried out pursuant to these Regulations shall be borne
by:
(a) the holder of the permit to discharge such wastes; or
(b) if there is permit holder, by the owner or the
occupier of the premises from which the wastes
are discharged,
and shall constitute a debt due from such permit holder or
owner to the Authority.
48. Power to issue notices-(1) Where the Managing
Director is of the opinion that there is occurring, or may occur,
an act or activity which is contrary to these Regulations or
which may damage or destroy any part of a sewerage and
wastewater system, the Managing Director may issue a Notice
under this regulation.
(2) A Notice issued under this regulation shall:
(a) be directed to any person believed to be carrying out
the operation or activity, or who apparently has
some control over it;
2009/15 Samoa Water Authority (Sewerage and 37
Wastewater) Regulations

(b) specify any act or activity which warrants the issue
of the Notice; and
(c) require that the act or activity cease, or not be done,
until the Managing Director is satisfied that the
breach or the risk of damage to the sewerage and
wastewater system no longer exists.
(3) A Notice may be served under this regulation
notwithstanding that any approval, licence or permit has been
granted in relation to the operation or activity.
(4) The Authority and the Government shall not be liable in
respect of any loss or damage arising from, or in any way
connected with, the issuing of a Notice under this regulation.
(5) Any person who:
(a) having been served with a Notice issued under this
regulation, fails to comply with any of its terms;
(b) having been served with a Notice issued under this
regulation, causes or permits any other person to
act in breach of its requirements; or
(c) knowingly acts in breach of the requirements of a
Notice given under this regulation, whether or
not that person has been served with the Notice,
commits an offence and shall be liable upon conviction to a fine
not exceeding 20 penalty units.

PART IX
OTHER REGULATORY POWERS OF THE
AUTHORITY

49. Registration of contractors and inspectors-(1) The
Authority may require that a person who undertakes any work
on sewerage and wastewater systems, including the making of
connections to the systems, must be registered with the
Authority under this regulation.
(2) A requirement under sub-regulation (1) may be imposed
by:
(a) the service of a notice to that effect on any particular
person or persons who undertake, or propose to
undertake, such work; and
38 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

(b) the publication of a notice to that effect by radio and
television broadcast, and in a newspaper
circulating throughout Samoa.
(3) A person who is required to be registered under this
regulation shall,
(a) submit an application to the Managing Director in
the approved form;
(b) pay the approved fee; and
(c) provide the information required in the application,
and any further information that the Managing
Director may require.
(4) An applicant under sub-regulation (3) may be required
to prove to the satisfaction of the Managing Director that he or
she:
(a) has successfully undertaken any course of training
that the Managing Director requires;
(b) is familiar with the components of the system and
perform the relevant tasks in a competent
manner; and
(c) understands the requirements of all applicable
standards, specifications and codes of practice.
(5) A registered contractor may be authorised by the
Managing Director to act as an inspector on behalf of the
Authority.
(6) An authorised inspector shall comply with all
requirements applying to the inspection and authorisation of
works by an authorised inspector which:
(a) are prescribed in Codes of Practice made under these
Regulations from time to time; and
(b) may be imposed by the Managing Director at any
time.
(7) Any registration made under this regulation shall:
(a) apply for a period of not more than 1 year, and shall
lapse on a date determined by the Managing
Director; and
(b) be subject to review by the Managing Director at any
time during its term.
2009/15 Samoa Water Authority (Sewerage and 39
Wastewater) Regulations

(8) It shall be the obligation of the registered person to apply
for a renewal prior to the end of any period of registration.

50. Powers of control over contractors and
inspectors- (1) The Managing Director may issue a notice to a
registered contractor or inspector to show cause why he or she
should not be de-registered, if the Managing Director has
grounds to believe that:
(a) the contractor or inspector has breached any
standard, specification or requirement applying
under these Regulations or a relevant code of
Practice;
(b) the contractor has performed work on a sewerage
and wastewater system in an incompetent or
unlawful manner; or
(c) the inspector has falsely or wrongly authorised any
work or improperly granted any authorisation or
certificate for any work.
(2) A registered contractor or inspector who has been served
notice under this regulation must provide such information, and
all necessary proofs to substantiate the information, that is
required to satisfy the Managing Director that the work or
inspection has been done in a manner which does not breach
these Regulations.
(3) The matters required to be provided under sub-
regulation (2) must be given to the Managing Director within 14
days of the service of the notice.
(4) If the Managing Director is not satisfied that a registered
contractor or inspector has not shown sufficient cause for his or
her registration to remain valid, the Managing Director may
cancel the registration.
(5) The Managing Director may suspend the registration of
a contractor or inspector while the processes under this
regulation are being applied.

40 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

PART X
MISCELLANEOUS

51. Obligations of owners and occupiers-(1) Unless
otherwise provided for in these Regulations, any obligation
applying under these Regulations in relation to any premises or
allotment, shall bind the owner and the occupier of the premises
or allotment.
(2) In any case where an obligation has not been performed
by an owner of premises or an allotment, the Managing Director
may serve a notice on the occupier of the premises or allotment
requiring the occupier to comply with the obligation under these
Regulations.
(3) The Managing Director may dispense with any
requirement applying to an occupier of premises or an allotment
if the nature of the occupation is short term, or on such other
arrangement as to make it unfair to require compliance by the
occupier, but in any such case the decision shall not release the
owner from the obligation.
(4) Where any allotment is divided into strata or unit titles,
the body corporate for that property is obliged to ensure that
there is compliance with all requirements under these
Regulations.

52. Offences against these Regulations-(1) Any person
who is obliged to comply with any requirement under these
Regulations, and who acts in any manner so as to fail to comply
with any such requirement, commits an offence and shall be
liable upon conviction to a fine not exceeding 20 penalty units.
(2) Without limiting the generality of sub-regulation (1), it
is an offence against these Regulations for a person to:
(a) fail to connect to a sewerage and wastewater system
if required to do so under regulation 18;
(b) fail to apply for a connection to a sewerage and
wastewater system if required to do so under
regulation 18;
2009/15 Samoa Water Authority (Sewerage and 41
Wastewater) Regulations

(c) provide any false or misleading information in any
application under regulation 19, or any other
application made to the Authority in accordance
with these Regulations;
(d) make any illegal connection to a public sewer or
service connection;
(e) breach any requirement under regulation 16 in
relation to connection to public sewers or service
connections;
(f) fail to meet any prescribed standard, specification or
codes of practice in relation to any work or other
activity on or affecting a sewerage and
wastewater system under these Regulations;
(g) fail to obtain any necessary approval under these
Regulations;
(h) breach any condition imposed in relation to any
permit, approval or registration given or
authorised under these Regulations; or
(i) forge any document, certificate, permit or registration
provided for under these Regulations.
(3) Any person who:
(a) hinders or obstructs an authorised person in the
performance of his or her duties, or the exercise
of a power, under these Regulations;
(b) induces or incites any other person to hinder or
obstruct an authorised person;
(c) by words or conduct falsely represents that he or she
is an authorised person, or otherwise
impersonates an authorised person;
(d) fails to comply with a requirement made by an
authorised person under regulation 46 or issued
by a notice under regulation 48;
(e) provides false or misleading information to an
authorised person when required under
regulation 46 to provide information; or
(f) removes, tampers with or damages any equipment,
notice board or sign installed or erected pursuant
to regulation 46,
42 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations

commits an offence, and shall be liable upon conviction to a
fine not exceeding 20 penalty units.
(4) In addition to any other penalty imposed under these
Regulations, a court may order that any person convicted of an
offence against these Regulations pay compensation for any
resulting loss or damage to the Authority, or to any other person
affected by the offence.
(5) Where a corporation is guilty of an offence under these
Regulations, any officer, Chief Executive Officer (or any other
head of the corporation) or agent of the corporation who
authorised, assented to or participated in, or by his or her
neglect or omission contributed to the commission of the
offence, is a party to and may be found guilty of the offence,
and is liable to the penalty provided for that offence.

53. No liability for escape of sewage or wastewater – The
Authority shall not be liable for, and no person shall have a
claim against the Authority in respect of, any loss or damage
arising from the escape of sewage or wastewater from any
sewerage and wastewater system.

54. Other regulations-(1) In this regulation, “Building
Regulations” means:
(a) the Board of Health (Buildings, Drainage and
Privies) Regulations No. 6; and
(b) any other Building Regulations in force from time to
time.
(2) All Building Regulations shall be read subject to these
Regulations and:
(a) where there is a conflict between the Building
Regulations and these Regulations the provisions
of these Regulations shall prevail;
(b) where any approval or permit is required to be
obtained under the Building Regulations, and the
same or similar approval or permit is provided
for in these Regulations, compliance with these
Regulations shall be deemed to constitute
compliance with the Buildings Regulations; and
2009/15 Samoa Water Authority (Sewerage and 43
Wastewater) Regulations

(c) where any standard, or specification or type of
material or similar thing is provided for in the
Building Regulations and provision is made in
these Regulations -
(i) for any other standard, specification or
type of material or similar things; or
(ii) for any such standard, specification, type
of material or similar thing to be prescribed or
determined by the Board or by the Managing
Director,
compliance with these regulations shall be deemed to constitute
compliance with the Building Regulations.

SCHEDULE
Regulation 33(2)

INTERIM STANDARDS AND SPECIFICATIONS FOR
SEWERAGE AND WASTEWATER SYSTEMS AND FOR
MAKING SEWER CONNECTIONS

1. For Pressurised Sewerage and Wastewater Systems

All provisions and requirements of the Water Services
Association of Australia Pressure Sewerage Code
WSA – 07 - 2007

2. For Gravity Sewerage and Wastewater Systems

All provisions and requirements of the Water Services
Association of Australia Sewerage Code
WSA – 02 - 1999
44 Samoa Water Authority (Sewerage and 2009/15
Wastewater) Regulations


3. For Service Lines in any Sewerage and Wastewater
System
The National Building Code of Samoa; and
AS/NZS 3500 – Plumbing and Drainage Code (as they are
currently published and applied from time to time).



__________

Issued under the authority of the Regulations Ordinance 1953.
Date of Commencement: 5th
June 2009
Notice:
These Regulations are administered by the Samoa Water
Authority.



Copies of these Regulations can be purchased from the Office of
the Clerk of the Legislative Assembly.