An Act to add a new Article 4 to 3 CMC, Division 5, Oil Spill and Hazardous Materials Responder Immunity Act (P.L. 9-49)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS C. Capitol Hill Governor Saipan, MP Telephone: (670) -3 Fax: (670) JESUS C. BORJA Lt. Governor The Honorable Juan S. Demapan 1985 President of the Senate Ninth Northern Marianas Saipan, MP 96950 Commonwealth Legislature The Honorable T. Benavente Speaker, House of Representatives Ninth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law Senate Bill No. 9-19, S.D. 1, entitled, "A Bill for an Act to add a new article 4 to 3 CMC, Division 5 , Oil Spill and Hazardous Materials Responder Immunity Act", which passed both Houses of the Ninth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 9-49. are forwarded for your reference. Copies bearing my signature Director, Emergency Operations Special Assistant for Programs and Legislative Review FROllAN TENORIO Diego cerely, , ,d CC: .. Gov. Msg. No. q-~,-1 SEP. 5 96950 322-5091 322-5096 .. .. THE NINTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE THIRD SPECIAL SESSION, 1995 LAW NO. 9- 49 SENATE BILL NO. 9-19, AN ACT To add a new Article 4 to 3 CMC, Division 5, Oil Spill and Hazardous Materials Responder Immunity Act. Offered by Senators Demapan; Eusebio A. Hocog; Esteven M. King; Ricardo S . Atalig; Jesus R. Sablan; David M. Paul A. Manglona; and Thomas P. Villagomez. DATE: February 8,1994 SENATE ACTION Referred to: on Resources, Economic Development Programs Standing Committee Report No.: None Second and Final Reading: June 2, 1994 HOUSE ACTION First and Final Reading: June 27, 1995 . . DAVID M. CING SENATE LEGISLATIVE SECRETARY SENATE PUBLIC SDI ==-=========================================== =-=----------------------=============================================-=== Juan.S. Cing; Committee & PUBLIC LAW NO. 9- 49 NO. 9-19. S.D.l SENATE BILL 1 2 3 5 6 7 8 9 10 1 1 12 NINTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 1994 AN ACT To add a new Article 4 to 3 CMC, Division 5, Oil Spill and Hazardous Materials Responder Immunity Act. BE IT ENACTED BY THE NINTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Legislative Findings. Rapid response and immediate and decisive action are critical when a spill or other similar discharge of oil or hazardous material occurs, for effective removal or containment, just as in response to a natural disaster such as fire, typhoon or earthquake. In any of these circumstances responders must take immediate action based on very limited information, attacking the problem quickly if there is to be any realistic chance of mitigating the worst harm. Limited immunity for firefighters has long been recognized because of these circumstances, and this Act extends protection to oil discharge and hazardous material accident responders. Without similar immunity, the enormous risks and liability exposures associated with oil discharge and hazardous material accidents response will deter those persons who are not responsible for the initial incident, such as cleanup contractors, fishermen barge owners, from prompt aggressive or from any response at all. The liability for damages resulting from the oil discharge or hazardous material efforts falls the party responsible for the initial discharge, not on the persons trying to help clean up or mitigate the damage. i 4 l3 14 similar clean-up financial and cleanup, on 1 2 5 0 7 1 12 1 15 16 17 21 2 PUBLIC LAW NO. 9- 49 SENATE BILL NO. 9-19, S.D.l Section 2. Legislative Intent. It is the intention of the Legislature to make Commonwealth law consistent with new Federal oil and hazardous materials discharge legislation that provides limited immunity for removal costs damages for those persons responding to an oil discharge, hazardous waste accident or threat of any such occurrence. The immunity applies if those activities are performed in a manner consistent with the Area Contingency Plan (ACP) and the National Contingency Plan or at the direction of the State (CNMI) On-Scene Coordinator or the Federal On-Scene Coordinator (United States Coast Guard). Since prompt and decisive action is often critical to the success of efforts to prevent or clean an or hazardous materials accident, actions which are substantially consistent with established plans or at the direction of the State (CNMI) On-Scene Coordinator or Federal On-Scene Coordinator are deemed to fall within the scope of this Act. In addition, immunity for responders is limited. It does not extend to for injury or wrongful death, or for actions that tise to the level of gross negligence or willful misconduct. It is further the intention of the Legislature that victims of oil discharge and hazardous materials damage have a means of Compensation. They recover from the person responsible for the initial discharge where the responsible party is unidentified or to pay, from the Federal Oil Pollution Fund other applicable of the Commonwealth. Section 3. A new Article 4 is hereby added to the 3 CMC, Division 5, Chapter 1 to read as follows: "ARTICLE 4 OIL SPILL AND HAZARDOUS MATERIALS RESPONDERS ACT Section 5141. Tit le . This be known as the Oil Spill Accident Act". 4 8 9 () 11 14 rn 19 20 22 ') ,") 24 and up oil discharge actions personal may or, and a.riy "Commonwealth from liability unable laws Article shall and H azardons Materials Page 2 Th1MUNITY Responder 7 8 0 10 12 1 17 18 2 0 PUBLIC LAW NO. 9- 49 SENATE RILL NO. 9-19, S.D.l I Section 5142. Definitions. For the purposes of this chapter, the terms: (a) 'Damages' means of any kind for which liability may arise the laws of the Commonwealth or the common law resulting from, arising out of, or related to the discharge or threatened discharge of oil or hazardous material; 'Discharge' means emission (other natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, or 'State Coordinator' means the Chairperson of the Commonwealth Area Contingency Planning Committee, who co-chairs the planning meetings will direct and coordinate the response activities of Commonwealth agencies in the event of a discharge; (d) 'Federal On-Scene Coordinator' means the Federal official pre-designated by the Oil Pollution Act of 1990 identified in the Area Plan of the port for the to ensure immediate and effective response and coordinate direct Federal agencies the event of a discharge; (e) 'Hazardous Materials' means toxic, chemical and other sorts of substances commonly considered to be innately hazardous to the in general particularly to living things; 'National Contingency Plan' means the National Contingency Plan prepared published under Section 31 1 of the 1 2 3 4 5 6 ll ]4 15 H '.i ,: ! ,1 ,, ·1 !i ' :j ;! !; ll ii 19 d 21 22 ,, ;! 23 ;! 24 damages under (b) any dumping; (c) (CNMI) On-Scene Contingency (Captain lll environment and (f) and Page .'.l than emptying and and Guam and CNMI) and (d) PUBLIC LAW NO. 9- 49 SENATE RILL NO. 9-19, S.D.l 8 1 1 , 15 1 18 I 19 LO , - , Federal Water Pollution Control Act USC 1321 as amended by Oil Pollution Act (33 2701); 'Oil' means oil any kind or in any including, but limited to, petroleum, oil, sludge, oil refuse and oil with wastes other than dredged oil; (h) 'Oil or Hazardous Material Response Organization' an organization of private persons is established for the primary purpose and activity of preventing or rendering care, assistance, equipment or advice in response to a discharge or of oil material: (i) 'Pew on' m an , corporation, p h , association. Federal agency, state, municipality, or political subdivision of a state or territory; 'Removal costs' means the costs of removal that are after a discharge of oil or hazardous material has occurred or any which is a threat of a discharge of oil or hazardous material, the to prevent, or mitigate pollution such (k) 'Responsible party' means the Vessels. In the case of a vessel, any person owning, operating, or demise the vessel. of onshore facility a any person owning or operating the facility, except a Federal agency, a state, territory, or political subdivision of a state or 3 I l 2 3 .:.j. J Cl 7 9 ](J l 2 i4 17 21 23 24 ' ' " ii [33 (d)], the of 1990 USC (g) of fonn, not fuel Spill means which threatened discharge or hazardous earn; individual territory, (j) incurred in case in there substantiai cost.;; minimize, from an incident; foliowing: (l) (2) chartering Onshore :facilities. In the ca:5e (other than pipeline), municipality, commission, Page mixed artners 1p co1mn ission, oil an PUBLIC LAW NO. 9-49 SENATE BILL NO. 9-19, territory, or any interstate body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit. (3) Offshore facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 [33 1501 et the lessee or permittee of the area in which the facility is located or the holder of a right of use arid easement granted under applicable state or territorial law or the Outer Continental Shelf Lands Act (43 1301 -1356) for the area in which the facility is located (if the holder is a different person' than the lessee or permittee), except a Federal agency, state, territory, municipality, commission, or political subdivision of a state or territory, or any interstate body, that as owner transfers possession and right to use the property to another person by lease, assignment, or permit. (4) Deepwater ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 USC the licensee. ( 5 ) Pipelines. In the case of a pipeline, any person owning or operating the pipeline. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the who would have been responsible parties immediately prior to the of the vessel or facility. 5 l 2 3 4 6 .t 7 !i 8 9 10 11 11 12 13 15 16 17 18 19 20 21 22 7·, .:, 24 25 !! :! ,1 S.D.l USC seq.]), USC 1501-1524), (6) Abandonment. persons abandonment Page 17 LO , i PUBLIC LAW NO. 9- 49 SENATE RILL NO. 9-19, S.D.l Section 5143. Exemption from liability for persons responding to discharges of oil or hazardous (a) No person, including but not limited to an oil spill or hazardous material response organization, its agents, subcontractors and employees, shall be liable under the laws of the laws of the Commonwealth or the common law to any person for costs, damages, any other claims and expenses as a result of actions taken or omitted to be taken in the course of rendering case, assistance arid advice consistent with the Area Contingency Plan or the National Contingency Plan, or at the direction of the State (CNMI) On-Scene Coordinator or Federal On-Scene Coordinator in response to a or threatened discharge of oil or hazardous material. (b) Subsection (a) of this Section shall not apply: (1) To a responsible party; (2) To actions for personal injury or wrongful death; (3) the person commits acts of gross negligence willful misconduct in connection with the of a discharge of A responsible party is for removal and damages that another person or oil spill or hazardous material response organization is relieved under subsection (a) of this Section." Section 4. Severability. provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to 1 2 material. 3 4 5 6 !I 7 and 8 9 10 11 12 discharge l3 1.4 i 15 16 'i F J. 18 or cleanup 1 <) oil. (c) liable any costs 21 22 of '?'' ,) If any 2-.i 25 Page 6 * . . . PUBLIC LAW NO. 9- 49 SENATE BILL NO. 9-19, persons or circumstances other than those to which it is held invalid shall not be affected Section 5. Effective Date. This Act take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: SEN ATE SECRETARY THE NORTHERN MARIANA ISLANDS i 7 1 2 3 t thereby. ANS. DEMA"PAN FNT OF THE SENATE FR GO COMM Page DAVID I\1. CING LEGISLA Tl VE S.D.1