Commonwealth Environmental Amendments Act of 1999 (P.L. 11-103)

(HOUSE) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Caller 10007 Saipan, MP 96950 , Telephone: (670) 664-2200 Fax: (670) 664-221 1 Pedro Tenorio Governor Jesus Sablan Lt. Governor SEP. 9 The Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature and The Honorable Paul A. Manglona President of the Senate Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No. 11-358, cited as the "Commonwealth Environmental Amendments Act of 1999," which was passed by the Eleventh Northern Marianas Commonwealth Legislature. This legislation is necessary to be consistent and to bring the Commonwealth into compliance with federal environmental laws and regulations that apply in the CNMI. In addition, the modifications to our existing environmental laws contained in this measure will bring the Commonwealth closer to compliance with the actions required to be taken under the Administrative Order regarding the Puerto Dump. This measure also provides for an establishment of a special account in which certain funds are deposited, to be expended by the Director of the Division of Environmental Quality (DEQ) or designee. For clarification purpose, such funds must still be specifically identified and appropriated through the process of an appropriation bill before they can be expended. This bill becomes Public Law No. 103. Copies bearing my signature are forwarded for your reference. Sincerely, CC: Director, Division of Environmental Quality; Special Assistant for Programs Legislative Review p R. his/her Diego Rico f. '--· I l-t1J3 GOV.COMM. //-rr4 .rP 29 2 1999 11 & http://GOV.COM HOUSE OF REPRESENTATIVES ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC NO, 11-103 HOUSE BILL NO. 11-358 AN ACT To amend 2 CMC, Division 3, Chapter Article 3, 53131 by adding a new subsection (i) and amending and (h); Amend 2 CMC, Division 3, Chapter 1, Article 3, Amend 2 CMC, Division 3, Chapter 1, Article 3 by adding a new Amend 2 CMC, Division 3, Chapter 5, by adding a new subsection (m); Amend 2 CMC, Division 3, Chapter 5, and Amend 2 CMC, Division 3, Chapter 5, and for other purposes. Offered by Representatives: Heinz S. Hofschneider and Jesus T. Attao Date: January 15,1999 HOUSE ACTION Standing Committee Report: None First and Final Reading: January 15, 1999 SENATE ACTION Standing Committee Report: None Second and Final Reading: September 9, 1999 §3132(a); §3520· ' 1, §3131 (c) §3513 §3515(b) §3518(b); LAW §3135· ' ... ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 THIRD REGULAR SESSION, 1999 PUBLIC NO. H. B. NO. 11-358 AN ACT To amend 2 CMC, Division 3, Chapter 1, Article 3, $3131 by adding a new subsection (i) and amending and (h); Amend 2 CMC, Division 3, Chapter 1, Article 3, Amend 2 CMC, Division 3, Chapter 1, Article 3 by adding a new $3135; Amend 2 CMC, Division 3, Chapter 5, $3513 by adding a new subsection (m); Amend 2 CMC, Division 3, Chapter 5, and Amend 2 CMC, Division 3, Chapter 5 , and for other purposes. BE IT ENACTED BY THE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Short Title. This act may be cited as the "Commonwealth Environmental Findings. The Legislature finds and declares that as a policy, the Commonwealth should update its environmental laws to be consistent and compatible with applicable federal EPA requirements. Towards that end, the amendments made in this Act will make our present environmental laws consistent with applicable federal laws and regulations. Section 3. Amendments. 2 CMC, Division 3, Chapter 1, Article 3, $3131 is hereby amended by adding a new subsection (i) and amending and (h) to read as follows: After exhausting administrative appeals procedures, a person shall be allowed under this Chapter, as a matter of right, to file a civil action within the limits prescribed by law. If any person fails to comply with any provision of this chapter, or any regulation or order issued under this chapter, or any term of a permit granted pursuant to this chapter, after notice of failure and the expiration of any reasonable period allowed for corrective action, the person is liable for a civil or criminal penalty of not more than $25,000 for each day of the continuance of the violation. A person is liable for an additional penalty for any amount expended by any agency of the Commonwealth in taking any necessary action to reverse or reduce any Amendments Act of 1999". Section 2. i I II !I §3515(b) "(i) §3131(c) §3132(a); §3518(b); §313 l(c). LAW 11-103 §3520; §3131(c) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PUBLIC LAW NO. 11-103 HOUSE BILL NO. 11-358 significant adverse effect of the violation when the person is unwilling or unable to do so. If appropriate, any permit granted to a person pursuant to this chapter may be revoked, suspended, or modified. The director may assess, collect, and compromise any penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing before the Director or a person designated by the Director for that purpose; provided, in emergencies the Director may summarily suspend a permit pending proceeding under this subsection. Any penalty or fine collected pursuant to this section and any permit fee collected pursuant to regulations issued under the authority of 2 CMC $3121 shall be deposited in the special Division of Environmental Quality fund account established by the Secretary of Finance." Section 4. Amendment. 2 CMC, Division 3, Chapter 1, Article 3, Section is hereby amended to read as follows: "(a) The Director or his authorized representative shall have access to any facility or records, subject to the regulations under this Act, for the purpose of inspecting the premises and appropriate documents to determine compliance with applicable regulations and/or the terms of any permit. The inspection may be made with or without advance notice to any organization if done for a good purpose, at the discretion of the Director, but shall be made at reasonable times unless an emergency dictates otherwise." Section 5. Amendments. 2 CMC, Division 3, Chapter Article 3 is hereby amended "$3135. Division of Oualitv Special Fund Account. The Secretary of Finance shall establish a special fund account called the Division of Environmental Quality Special Fund Account. All penalties and fines collected pursuant to this section and any permit fee collected pursuant to regulations issued under the authority of 2 CMC $3121 shall be deposited in this account. Such funds shall not be subject to fiscal year limitation. The Director, or his or her designee, shall be the expenditure authority for the funds deposited and shall be expended solely for the administration of the Division of Environmental Quality." Section 6. Amendments. 2 CMC, Division 3, Chapter 5, $3513 is hereby amended by by adding a new $3135 to read as follows: adding a new subsection (m) to read as follows: Page 2 §3131(h). 3132(a) 1, Environmental . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PUBLIC NO. HOUSE BILL NO. 11-358 "(m) "debris staging means storage of rubble, wreckage and vegetation remains from typhoons, storms or other destructive events of an emergency nature as determined by the Director." Section 7. Amendments. 2 CMC, Division 3, Chapter 5 , is hereby amended to read as follows: "(b) The Director of the Division of Environmental Quality is authorized to issue emergency permits for debris staging areas. (1) Emergency permits must be countersigned by the Governor of the (2) Notice of an emergency permit must be advertised through at least Section 8. Amendments. 2 CMC, Division 3, Chapter 5, is hereby amended Commonwealth. two forms of public media one week prior to becoming effective." to read as follows: "(b) Own, operate, or use debris staging areas for disposal of solid waste without an emergency permit issued pursuant to this chapter. The use of open dumps for disposal of solid waste is prohibited." Section 9. Amendments. 2 CMC, Division 3, Chapter 5, $3520 is hereby amended to read as follows: Deposits. All monies, including fees and civil fines, collected by the Director of the Division of Environmental Quality under the provisions of this chapter shall be deposited to the Division of Environmental Quality Special Fund Account." Section 10. Severabilitv. If any 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 persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 11. Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Page 3 Ii ! "§3520. Savings LAW ll-~103 areas" §3515(b) §3518(b) strictly acquired . 1 2 NO. 11-103 HOUSE BILL NO. 11-358 Section 12. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIE BY: JESUS T. ATTAO Acting Speaker House of Representatives ATTESTED BY: , 1999 Commonwealth of the Northern Mariana Islands ! i Page 4 .. PUBLIC LAW " MING ~ ~ --'-fl------ this ;;l. f day~ ~) PEDR0.~ENORIO ·ernor