TITLE 65

BUREAU OF ENVIRONMENTAL AND COASTAL QUALITY

DIVISION OF ENVIRONMENTAL QUALITY

 

Chapter 65-5      Aboveground Storage Tank Regulations

Chapter 65-10    Air Pollution Control Regulations

Chapter 65-20    Drinking Water Regulations

Chapter 65-30    Earthmoving and Erosion Control Regulations

Chapter 65-40    Harmful Substance Clean Up Regulations

Chapter 65-50    Hazardous Waste Management Regulations

Chapter 65-60    Litter Control Regulations

Chapter 65-70    Pesticide Regulations

Chapter 65-80    Solid Waste Management Regulations

Chapter 65-90    Underground Injection Control Regulations

Chapter 65-100  Underground Storage Tank Regulations

Chapter 65-110  Used Oil Management Rules and Regulations

Chapter 65-115  Voluntary Response Program Regulations

Chapter 65-120  Wastewater Treatment and Disposal Rules and Regulations

Chapter 65-130  Water Quality Standards

Chapter 65-140  Well Drilling and Well Operations Regulations

CHAPTER 65-5

ABOVEGROUND STORAGE TANK REGULATIONS

 


Part 001     General Provisions

§ 65-5-001 Authority and Scope

§ 65-5-005 Applicability

§ 65-5-010 Prohibitions

§ 65-5-015 Definitions

 

Part 100     Permitting

§ 65-5-101 AST Permit to Install Application

§ 65-5-105 AST Permit to Operate Application

§ 65-5-110  Rejection or Revocation of Permit to Operate

§ 65-5-115  Prohibition on Use of Unpermitted AST

§ 65-5-120  Implementation of § 65-5-520 Required

 

Part 200     Aboveground Storage Tank Location Requirements

Subpart A   Groundwater Management Zones (from Part 2000 of the CNMI Well Drilling and Well Operations Regulations as amended [NMIAC chapter 65-140])

§ 65-5-201  Island of Saipan Class I Groundwater Management Zone AST System Restrictions

§ 65-5-205  Island of Saipan Class II and III Groundwater Management Zone Restrictions (Also Applicable to All Other Islands of the CNMI)

§ 65-5-210  Prohibited Locations

§ 65-5-215  Setback Requirements

 

Part 300     Aboveground Storage Tank System Standards

§ 65-5-301  Application of Standards and Requirements

§ 65-5-305  Nationally Recognized Associations

§ 65-5-310  Use of Latest Edition

§ 65-5-315  Upgrade of Nationally Recognized Codes and Standards

§ 65-5-320  Industry Recognized Materials

§ 65-5-325  New Ancillary Equipment

§ 65-5-330  Corrosion and Deterioration Protection

§ 65-5-335  Leak Monitoring System

§ 65-5-340  Release and Overfill Prevention Systems

§ 65-5-345  Testing of New AST Systems

 

Part 400     Specific Requirements for Aboveground Storage Tanks

§ 65-5-401  Aboveground Storage Tank Tightness Testing

§ 65-5-405  Spill Containment Requirements for Aboveground Storage Tanks

§ 65-5-410  Releases to Spill Containment Areas

§ 65-5-415  Corrosion Protection for Aboveground Storage Tanks

§ 65-5-420  Overfill Protection for Aboveground Storage Tanks

§ 65-5-425  Secondary Containment and Leak Detection for Piping

§ 65-5-430  Corrosion Protection for Piping

§ 65-5-435  Leak Detection and AST System Monitoring

§ 65-5-440  Release Response

 

Part 500     Other Requirements for ASTs

§ 65-5-501  Record Keeping

§ 65-5-505  Security

§ 65-5-510  Signs and Labeling

§ 65-5-515  Requirements for ASTs in Vaults

§ 65-5-520  Temporary Out-of-service AST Systems

§ 65-5-525  Permanent Closure

 

Part 600     Enforcement Authority and Procedures

§ 65-5-601  Penalties and Remedies for Violation

§ 65-5-605  Procedures for Issuance of Administrative Orders

 

Part 700     Miscellaneous Provisions

§ 65-5-701  Severability

§ 65-5-705  Effective Date


 

Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135.

 

Chapter History: Corrected 27 Com. Reg. 24994 (Sept. 22, 2005); Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: PL 3-23 (effective Oct. 8, 1982), the “Commonwealth Environmental Protection Act,” codified as amended at 1 CMC §§ 2646-2649 and 2 CMC §§ 3101-3135, created the Division of Environmental Quality (DEQ) within the Department of Public Health and Environmental Services. See 1 CMC § 2646. The act authorized the Chief (now the Director) of the Division to administer, implement and enforce specific powers and duties relating to environmental protection and to develop rules and regulations to implement PL 3-23 and other laws administered by the Division. See 1 CMC §§ 2647 and 2648. PL 3-23 § 7, 2 CMC § 3121, granted the Director of the Department of Public Health and Environmental Services the exclusive power to issue regulations pursuant to the act.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(d):

 

Section 304. Department of Public Works.

 

 

(d)    Environmental Quality. The Division of Environmental Quality is transferred from the Department of Public Health to the Department of Public Works. To the maximum extent practicable, the Secretary of Public Works shall integrate land-based earth moving permits into the building permit process.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

PL 11-108 (effective Dec. 3, 1999) repealed Executive Order 94-3 § 304(d) in its entirety. See PL 11-108 § 2. PL 11-108 “reclassified [the Division of Environmental Quality] as an independent regulatory agency, acting from within the office of the Governor” and placed all administrative duties and authority with regards to DEQ with the Governor or his designee. PL 11-108 §§ 1 and 3, codified at 1 CMC § 2650.

 

Executive Order No. 2013-24, promulgated at 35 Com. Reg. 34596 (Nov. 28, 2013), established a new Bureau of Environmental and Coastal Quality. This Order reorganized the Division of Environmental Quality as a division of the Bureau of Environmental and Coastal Quality, and provided that “all rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Executive Order shall continue to be effective until revised, amended, repealed or terminated.”

 

Part 001 -  General Provisions

 

§ 65-5-001  Authority and Scope

 

The Division of Environmental Quality is responsible for protecting, preserving and enhancing the environmental quality of water, air, and land of the Commonwealth. The Aboveground Storage Tank (AST) Regulations in this chapter are intended to address potential sources of pollution that may result from AST systems. To ensure the prevention and early detection of any release of a regulated substance, new and existing AST systems are required to meet acceptable design and installation criteria. These regulations are promulgated by the Division of Environmental Quality pursuant to the Commonwealth Environmental Protection Act (CEPA), 1982, 2 CMC §§ 3101 to 3134, Public Law 3-23; and the Commonwealth Environmental Amendments Act (CEAA), 1999, Public Law 11-103. These regulations and technical provisions shall have the force and effect of law and shall be binding on all persons and other legal entities subject to the jurisdiction of the Commonwealth of the Northern Mariana Islands.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-005  Applicability

 

(a)     The regulations in this chapter shall apply to all new AST systems which store regulated substances in excess of 500 gallons with the exception of those AST systems excluded under subsection (d).

 

(b)     All AST systems in existence in the CNMI at the effective date of these regulations which store regulated substances in excess of 500 gallons shall comply with § 65-5-435(b), § 65-5-440, § 65-5-520, and § 65-5-525 of this chapter with the exception of those AST systems excluded under subsection (d).

 

(c)     All AST systems in existence in the CNMI at the effective date of the regulations in this chapter shall be upgraded to meet the requirements of these regulations when the AST system is repaired, reconstructed, relocated, replaced, or at any time as determined by the Director of DEQ to be necessary to protect human health and the environment.

 

(d)     The following AST systems shall be exempt from the requirements of the regulations in this chapter:

(1)     Bulk plants or terminals that are regulated under the Clean Water Act and Spill Prevention and Countermeasure Plan (SPCC) requirements.

(2)     An AST system which has been permanently closed and is in compliance with all the requirements of § 65-5-525 of this chapter.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-010  Prohibitions

 

(a)     No storage tank that was originally designed for use as an underground storage tank may be used as an AST.

 

(b)     No single-walled fiberglass reinforced plastic (FRP) tank shall be allowed for use as an AST for the storage of flammable or combustible liquids. ASTs that have an outer wall of concrete and/or steel and an inner lining of FRP are allowable.

 

(c)     No tank that has been constructed of plastic (e.g. polyethylene, polypropylene, polyvinylchloride (PVC), and acrylonitrile butadiene styrene polymers (ABS)) shall be allowed for use as an AST for the storage of flammable or combustible liquids.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (c), the Commission inserted the closing parenthesis after “(ABS)” to correct a manifest error.

 

§ 65-5-015  Definitions

 

(a)     “Aboveground storage tank” or “AST” means any tank or combination of tanks, that is used to contain regulated substances and is not an underground storage tank (UST) under CNMI Revised Underground Storage Tank Regulations [NMIAC chapter 65-100].

 

(b)     “Aboveground storage tank system” means any aboveground storage tank, connected piping, ancillary equipment, and spill containment system.

 

(c)     “Act” shall mean for the purpose of the regulations in this chapter unless otherwise specified the Commonwealth Environmental Protection Act (CEPA), 1982, 2 CMC §§ 3101 to 3134, Public Law 3-23; and the Commonwealth Environmental Amendments Act (CEAA), 1999, Public Law 11-103.

 

(d)     “Ancillary equipment” means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an aboveground storage tank.

 

(e)     “Bulk plant or terminal” means the portion of a property where regulated substances are received by tank vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such regulated substances by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.

 

(f)      “Cathodic protection” means the technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell through the application of galvanic anodes or impressed current.

 

(g)     “Commonwealth” or “CNMI” means the Commonwealth of the Northern Mariana Islands.

 

(h)     “Compatible” means the ability of two or more substances or materials in a AST system to maintain their respective physical and chemical properties upon contact with one another.

 

(i)      “Corrosion” means the degradation of metals due to chemical reactions with their environment. In steel, this is commonly known as “rust.”

 

(j)      “Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal ASTs. Such a person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal ASTs.

 

(k)     “Dialectical material” means a material that does not conduct direct electrical current.

 

(l)      “Dike” means an embankment, ridge, or wall which is impermeable to stored regulated substances and which forms the perimeter of a secondary containment or spill containment area.

 

(m)    “Director” means the Director of the Division of Environmental Quality.

 

(n)     “Double-walled AST” means an aboveground storage tank with an inner primary shell and an outer secondary shell, which extends around the entire inner shell and a method in place for monitoring the interstitial space between the shells for leaks.

 

(o)     “DEQ” means the Division of Environmental Quality.

 

(p)     “Facility” means the location or property where the AST system is or was installed and operating.

 

(q)     “Free product” refers to a regulated substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in groundwater).

 

(r)      “Inland water” shall mean surface fresh waters, such as streams or springs, that are not subject to the ebb and flow of the tide.

(s)      “Maintenance” means the normal operational upkeep to prevent an aboveground storage tank system from releasing regulated substances.

 

(t)      “New AST” means any AST or part of an AST system installed or reactivated on or after the effective date of the regulations in this chapter and is required to comply with the provisions of these regulations.

 

(u)     “Operator” means any person in control of, or having responsibility for, the daily operation of the AST system.

 

(v)     “Owner” means:

(1)     In the case of an AST system in use as of the effective date of this section, or brought into use after that date, any person who owns an AST system used for storage, use, or dispensing of regulated substances; or

(2)     In the case of any AST system in use before the effective date of this section, but no longer in use on that date, any person who owned the AST system immediately before the discontinuation of its use, and the title holder of the property where the AST system is located.

 

(w)    “Overfill release” means a release that occurs when an AST is filled beyond its capacity, resulting in a discharge of regulated substances.

 

(x)     “Person” means any individual, firm, partnership, association, corporation, or entity or agency of the CNMI or the United States of America.

 

(y)     “Pipe” or “piping” or “pipeline” means a hollow cylinder or tubular conduit that is constructed of non-earthen materials for the purpose of transferring a regulated substance.

 

(z)     “Regulated substance” means:

(1)     Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA - 42 U.S.C. § 9601(14)) but not including any substances regulated as hazardous waste under RCRA subtitle C; or

(2)     Petroleum, including crude oil, or fraction thereof, that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds of pressure per square inch absolute). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

 

(aa)    “Release” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an AST system.

 

(bb)   “Release detection” means determining whether a release of a regulated substance has occurred from the AST system or into the interstitial space between the AST system and the secondary barrier or secondary containment around it.

 

(cc)    “Repair” means any work necessary to maintain or restore an AST system to a condition suitable for safe operation, other than that necessary for ordinary, day-to-day maintenance to maintain the functional integrity of the AST system and that does not weaken the AST system.

 

(dd)   “Shop-built tank” or “shop-fabricated tank” means an aboveground storage tank that is constructed at a AST manufacturer’s plant and transported to a facility for installation.

 

(ee)    “Spill containment area” is a structure which is intended to contain any release of a regulated substance resulting from a spill, leak, or rupture of the AST.

 

(ff)    “Tank” means a stationary device designed to contain an accumulation of regulated substances, constructed of non-earthen materials (e.g., concrete, steel, plastic), and all associated structural supports.

 

(gg)   “Wetlands” means those areas that are inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Part 100 -  Permitting

 

§ 65-5-101  AST Permit to Install Application

 

Prior to installation of any AST system, the owner or operator shall apply for and obtain an AST permit to install from DEQ. The AST permit to install application shall be completed in full, signed by the owner or operator submitting the application, and be submitted to DEQ with a copy of the design blue prints and vicinity map.

 

(a)     The owner or operator shall pay an AST permit to install application fee of five hundred dollars per tank payable to the CNMI Treasurer, at the time the AST permit to install application is submitted.

 

(b)     DEQ shall notify the applicant if any additional information is needed within fifteen working days from the date the application is submitted to DEQ. An AST permit to install application will not be considered complete until DEQ has received the additional information requested.

 

(c)     DEQ shall not issue an AST permit to install until the owner, operator, or designated contractor has obtained a DEQ earthmoving and erosion control permit.

 

(d)     There will be a maximum thirty calendar day processing period for any AST permit to install application from the time that DEQ determines the application is complete.

 

(e)     The DEQ has the right to reject or deny an AST permit to install application that does not comply will all requirements as specified in the regulations in this chapter, or as the Director may deem necessary to protect public health or the environment.

(f)      All AST permits to install shall be non-transferable from person to person, and from location to location.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission created the section titles in this part.

 

§ 65-5-105  AST Permit to Operate Application

 

The owner or operator of the AST system shall apply for and obtain an AST permit to operate from DEQ prior to commencing the operation of all newly installed AST systems or within one year of the effective date of the regulations in this chapter for any AST system existing prior to the effective date of these regulations. An AST permit to operate must be renewed every five years from the date of issuance under these regulations.

 

(a)     The AST permit to operate application shall be completed in full, signed by the owner or operator of the AST system, and submitted to DEQ.

 

(b)     The owner or operator shall pay an AST permit to operate application fee of one hundred dollars per tank.

 

(c)     There will be a maximum thirty calendar day processing period for any AST permit to operate application from the time DEQ determines the application is complete.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-110  Rejection or Revocation of Permit to Operate

 

The DEQ has the right to reject or deny any AST permit to operate application and revoke any AST permit to operate if DEQ finds that the AST system is:

 

(a)     Not constructed in accordance with nationally recognized codes and standards or of materials that are not chemically compatible with the regulated substance stored in the AST system; or

(b)     Operated in a manner that threatens human health or the environment.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-115  Prohibition on Use of Unpermitted AST

 

If DEQ should revoke an AST permit to operate, the placement of regulated substances in the subject AST system is prohibited.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-120  Implementation of § 65-5-520 Required

 

If DEQ should revoke an AST permit to operate, the owner or operator shall implement § 65-5-520 of this chapter (Temporarily Out-of-service AST Systems).

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Part 200 -  Aboveground Storage Tank Location Requirements

 

Subpart A -        Groundwater Management Zones (from Part 2000 of the CNMI Well Drilling and Well Operations Regulations as amended [NMIAC chapter 65-140])

 

§ 65-5-201  Island of Saipan Class I Groundwater Management Zone AST System Restrictions

 

(a)     No new single AST or combined volume of multiple ASTs at one facility exceeding 1,320 gallons shall be permitted.

 

(b)     Replacement of AST systems in existence and operation at the effective date of this part may be permitted provided they are in compliance with subsection (c) and:

(1)     USTs are replaced by similar or smaller sized ASTs; or

(2)     Existing ASTs may be replaced in kind.

 

(c)     Minimum down gradient and up gradient AST system setback requirements from existing public and private drinking water wells:

 

 

 

Wellhead Setback Requirement

 

(1)

Boundary of AST facility

Up gradient

Down gradient

 

Double-walled AST

400 feet     

200 feet

 

Single-walled AST

500 feet     

500 feet

(2)     If the groundwater gradient cannot be reasonably estimated, then the AST system facility setback requirement shall be 300 feet for double-walled ASTs and 500 feet for single-walled ASTs.

(3)     Down gradient and up gradient AST system facility setback requirements for seawater wells and wells undergoing reverse osmosis treatment may be reduced as allowed under § 65-140-1105 and § 65-140-1205 of the CNMI Well Drilling and Well Operations Regulations as amended [NMIAC chapter 65-140].

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-205  Island of Saipan Class II and III Groundwater Management Zone Restrictions (Also Applicable to All Other Islands of the CNMI)

 

Minimum down gradient and up gradient AST system setback requirements from existing public and private drinking water wells:

 

 

 

Wellhead Setback Requirement

 

(a)

Boundary of AST facility

Up gradient

Down gradient

 

Double-walled AST

400 feet     

200 feet

 

Single-walled AST

500 feet     

500 feet

 

(b)     If the groundwater gradient cannot be reasonably estimated, then the AST system facility setback requirement shall be 300 feet for double-walled ASTs and 500 feet for single-walled ASTs.

 

(c)     Down gradient and up gradient AST system facility setback requirements for seawater wells and wells undergoing reverse osmosis treatment may be reduced as allowed under § 65-140-1105 and § 65-140-1205 of the CNMI Well Drilling and Well Operations Regulations [NMIAC chapter 65-140].

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-210  Prohibited Locations

 

No AST systems shall be installed after the effective date of the regulations in this chapter in the following locations:

(a)(1) Within a wetland or within five hundred feet of a wetland boundary;

(2)     Within five hundred feet of inland waters;

(3)     Within five hundred feet of the shoreline (as measured from the mean high water mark);

(4)     Within tidal or storm water inundation areas.

 

(b)     The Director of DEQ may, on a site specific basis, waive the requirements of subsection (a) if it can be demonstrated to the Director’s satisfaction that such a waiver will not adversely impact human health or the environment. An application for such a waiver must be supported in writing by the owner or operator with the following information:

(1)     The unique or particular conditions which make compliance with subsection (a) unfeasible (increased project cost in order to obtain compliance with the regulations in this chapter may not be considered the sole reason for unfeasibility);

(2)     The project design shall meet the requirements of part 300, part 400 and § 65-5-501 through § 65-5-515 of this chapter, and provide additional measures beyond part 300, part 400 and § 65-5-501 through § 65-5-515 to ensure adequate protection of those locations listed in subsection (a). Such measures may include but are not limited to: facility design (e.g., site drainage control and oil water separators); AST system design (e.g., audible release alarm); compliance monitoring (e.g., daily versus monthly check of AST system) and complete facility release containment.

(3)     When granting a waiver to the requirements in subsection (a), the Director of DEQ may impose additional conditions necessary to assure adequate protection of human health and the environment.

 

Modified, 1 CMC § 3806(a), (c), (d), (e).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission created the section title. The Commission designated subsection (a) where it was absent.

 

§ 65-5-215  Setback Requirements

 

Each AST system installation shall conform with the setback requirements with respect to property lines, public ways, and buildings as specified in National Fire Protection Association Code 30 (Flammable and Combustible Liquids Code) and 30A (Automobile and Marine Service Station Code).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission created the section title.

 

Part 300 -  Aboveground Storage Tank System Standards

 

§ 65-5-301  Application of Standards and Requirements

 

The standards and requirements established in the regulations in this chapter shall be applied through the use of codes of practice developed by nationally recognized associations such as, but not limited to, those referenced below and through the use of manufacturer’s specifications and sound engineering practices.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission created the section titles in this part.

 

§ 65-5-305  Nationally Recognized Associations

 

Nationally recognized associations which are referenced throughout this chapter are as follows:

 

(a)     American Concrete Institute (ACI)

 

(b)     American National Standards Institute (ANSI)

 

(c)     American Petroleum Institute (API)

 

(d)     American Society of Mechanical Engineers (ASME)

 

(e)     American Society for Nondestructive Testing (ASNT)

 

(f)      American Society for Testing and Materials (ASTM)

 

(g)     National Association of Corrosion Engineers (NACE)

 

(h)     National Fire Protection Association (NFPA)

 

(i)      Petroleum Equipment Institute (PEI)

 

(j)      Steel Structures Painting Council (SSPC)

 

(k)     Steel Tank Institute (STI)

 

(l)      Underwriters Laboratory (UL).

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission inserted the final period in subsection (l).

 

§ 65-5-310  Use of Latest Edition

 

Nationally recognized codes and standards shall be used in conjunction with manufacturer’s specifications. When used to meet the technical standards and requirements of the regulations in this chapter, the most current or latest edition of the codes and standards shall be applied. Other nationally recognized codes and standards, not referenced in this part, may be used to show compliance with these regulations, when appropriate.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-315  Upgrade of Nationally Recognized Codes and Standards

 

When nationally recognized codes and standards are updated, AST systems installed in conformance with previously existing standards will not automatically be required to be upgraded to meet the new standard.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-320  Industry Recognized Materials

 

All new ASTs shall be constructed of industry recognized materials that are chemically and physically compatible with the regulated substance that is to be stored in the AST.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission inserted the word “that” to correct a manifest error.

 

§ 65-5-325  New Ancillary Equipment

 

All new ancillary equipment for the ASTs (pipes, valves, fittings, pumps, etc.) shall be constructed of industry recognized materials that are chemically and physically compatible with the regulated substance stored in the AST.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-330  Corrosion and Deterioration Protection

 

All new AST systems shall be protected from corrosion and deterioration as specified at § 65-5-415 and § 65-5-430 of this chapter.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-335  Leak Monitoring System

 

All new AST systems shall have a leak monitoring system as specified in § 65-5-435 of this chapter.

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-340  Release and Overfill Prevention Systems

All new AST systems shall have release and overfill prevention systems as required in §§ 65-5-405, 65-5-420, and 65-5-425.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-345  Testing of New AST Systems

 

All new AST systems shall be tested according to industry standards before being placed into service as specified in § 65-5-401.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Part 400 -  Specific Requirements for Aboveground Storage Tanks

 

§ 65-5-401  Aboveground Storage Tank Tightness Testing

 

(a)     All new ASTs shall be tested for tightness in accordance with manufacturer’s specifications and current codes of practice developed by nationally recognized associations, except for manufactured, shop built tanks that meet the requirements of subsection (b). The tightness testing shall be completed as part of the installation process, witnessed by DEQ, before an AST permit to operate is issued.

 

(b)     Manufactured, shop built tanks that are tightness tested after full assembly at the plant do not require additional tightness testing at installation if the manufacturer certifies that the tank was tightness tested at the plant and the manufacturer’s installation instructions do not require additional tightness testing.

 

(c)     Any AST that receives major modifications to the tank shell, tank bottom, or are relocated shall be tested for tightness in accordance with current codes of practice developed by nationally recognized associations or manufacturer’s specifications prior to being returned to service.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-405  Spill Containment Requirements for Aboveground Storage Tanks

 

(a)     Each AST system shall include a concrete pad designed to adequately support the tank and necessary ancillary equipment.

(1)     The concrete in each pad should be mixed to provide sufficient bearing capacity and to provide water tightness to prevent migration of any regulated substance release to the underlying soils. Each pad shall be either seamless or have sealed joints to prevent the migration of any regulated substance release to soil.

(2)     If the owner or operator chooses the option of sealing the joints, the material used must be:

(i)      An industry recognized standard method and product; and

(ii)     Chemically compatible with the regulated substance that is to be stored in the AST system; and

(iii)    Be resistant to environmental degradation.

 

(b)     Each AST pad shall be equipped with a spill containment dike or dike which will contain any regulated substance release.

(1)     Single Wall ASTs: For all single wall ASTs, the spill containment dike shall be designed to hold at least 110% of the tank maximum design capacity and have a minimum two inch freeboard. In all cases, the minimum allowed dike height, including two inch freeboard, shall be eight inches. The containment dikes are to be either:

(i)      Seamless, or

(ii)     Have sealed seams. Any material used to seal containment dikes must also be compatible with the regulated substances stored in the AST system and be resistant to environmental degradation.

(2)     Double Wall ASTs:

(i)      For double-walled ASTs, containment dikes are to be a minimum of eight inches in height.

(ii)     Double-walled AST containment dikes shall be either seamless or have sealed seams.

(3)     Storm water shall be removed from the spill containment area prior to the capacity of containment being reduced by 10 percent.

(i)      If gravity drains are used, the drain valves shall be secured in the closed position when not in use.

(ii)     Discharge or disposal of substances from the spill containment structure shall comply with applicable CNMI and federal requirements.

 

(c)     Any new AST system shall demonstrate compliance with this section at installation. Any AST system existing prior to the effective date of the regulations in this chapter shall demonstrate compliance with this section upon completion of reconstruction or relocation of the AST system or when the tank floor is replaced.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-410  Releases to Spill Containment Areas

 

An owner or operator shall immediately investigate any release of a regulated substance to a spill containment area.

 

(a)     The owner operator shall keep a written log of all releases which have occurred in the past three years into spill containment areas which exceed twenty five gallons of regulated substance. The log shall include the following information:

(1)     Date of the release; and

(2)     Type and amount of regulated substance released; and

(3)     Description of cleanup procedure and disposal of released regulated substance.

 

(b)     The owner or operator shall assess the spill containment area for any damage upon any release of twenty five gallons or more of a stored substance. The owner or operator shall repair the spill containment area, as necessary, prior to continued regulated substance storage.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-415  Corrosion Protection for Aboveground Storage Tanks

 

All AST system components susceptible to corrosion must have some method of corrosion protection. Methods include:

 

(a)(1) Elevation of the AST so that the underside of the tank floor is not in contact with any surface other than the tank supports.

(2)     Tank supports or foundations must be designed and constructed to minimize the possibility of uneven setting of the tank and to minimize the corrosion to any part of the tank resting on the foundation.

 

(b)     Coating the tank exterior with corrosion resistant materials.

 

(c)     Coating or lining the tank interior with corrosion resistant materials. The coating or lining system shall be designed in accordance with current codes of practice such as API 652 or associations such as NACE.

 

(d)     Cathodically protecting the tank by one or more of the following methods:

(1)     Sacrificial anodes and dialectical coating; or

(2)     Impressed current; or

(3)     Another method in an appropriate nationally recognized association code or practice such as API 651 or associations such as NACE.

 

(e)     Cathodic protection systems shall be designed by a corrosion expert and maintained to provide protection against external corrosion for the operational life of the AST system.

 

(f)      Each cathodic protection system shall have an access point which enables the owner or operator to check the adequacy of the cathodic protection. The cathodic protection systems shall be monitored periodically as determined by the corrosion system design.

 

(g)     Tank and pipe connections, of two dissimilar metals, which create a galvanic cell are prohibited.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

§ 65-5-420  Overfill Protection for Aboveground Storage Tanks

 

An AST must have one of the following methods for overfill protection:

 

(a)     A high-level alarm, set at no greater than 90 percent of the tank’s capacity, that is visible or audible to the person controlling the substance transfer;

 

(b)     A system that automatically shuts off the flow of regulated substance into the tank, set at no greater than 95 percent of the AST’s capacity;

 

(c)     A permanently mounted sight glass or gauge, visible to the person controlling the regulated substance transfer, that accurately shows the level of regulated substance in the tank;

 

(d)(1)          A person who manually gauges the level of regulated substance in the tank with a stick during regulated substance transfer and controls the regulated substance transfer or is in contact with the person who controls the regulated substance transfer.

(2)     If any level stick, sight glass, or gauge does not read in volumetric measurements and requires conversion, a clearly labeled conversion chart indicating maximum working capacity of the tank must be available to the person controlling the substance transfer.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The original paragraphs of subsection (d) were not designated. The Commission designated subsections (d)(1) and (d)(2).

 

In subsection (b), the Commission changed “ASTs” to “AST’s” to correct a manifest error.

 

§ 65-5-425  Secondary Containment and Leak Detection for Piping

 

(a)     All piping that is underground must be either:

(1)     Constructed of a double-walled non-corrodible material; or

(2)     Constructed of steel and placed within a non-corrodible secondary containment system such as a seamless or sealed concrete vault.

 

(b)     All piping that is underground must have a leak detection method such as a sensing device, mechanical device, or monthly visual examination.

 

(c)     All underground piping must be constructed so that a release is directed to a location where it can be detected by a leak detection method.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-430  Corrosion Protection for Piping

 

AST system piping (including flanges and joints) which routinely contains a regulated substance must be protected from corrosion using one of the following methods:

 

(a)     Piping made of non-corrosive materials which are compatible with the regulated substances stored in the AST system.

 

(b)     For steel piping:

(1)     The piping shall not be in contact with soil (i.e., above ground and coated with a corrosion resistant material or below ground in water tight, non-corrodible vault); or

(2)     The piping must be cathodically protected and utilize of one or more of the following methods:

(i)      Sacrificial anodes and dialectical coating; or

(ii)     Impressed current; or

(iii)    A method specified in an appropriate nationally recognized association code or practice such as API 651 or associations such as NACE.

(3)     Cathodic protection systems shall be designed by a corrosion expert and maintained to provide protection against external corrosion for the operational life of the piping.

(4)     Each cathodic protection system shall have an access point which enables the owner or operator to check on the adequacy of the cathodic protection. The cathodic protection systems shall be monitored periodically as determined by the corrosion system design.

(5)     AST and piping connections of two dissimilar metals which create a galvanic cell are prohibited.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (b)(2)(iii), the Commission inserted the word “as” before “NACE” to correct a manifest error.

 

§ 65-5-435  Leak Detection and AST System Monitoring

 

(a)     A method of leak detection for the AST and piping shall be utilized and monitored at least monthly. An automatic sensing device, mechanical device or other appropriate method as approved by the Director may be used. The leak detection method, at a minimum, shall allow a visual examination of the AST system by the owner, operator, or designated representative.

(1)     If a release is detected, it shall be reported and responded to as required by § 65-5-440.

(2)     Results of monthly leak detection monitoring shall be recorded and maintained by the owner or operator.

(3)     Monthly monitoring shall occur at a no greater interval than a thirty-day period.

 

(b)     Existing ASTs without secondary containment under the bottom of the tank that are in contact with the soil, such as vertical flat bottom tanks, and do not have cathodic protection or internal lining shall be tested for tightness within 12 months from the effective date of the regulations in this chapter. Records of the tightness testing shall be maintained on the premises of the AST system. Such tanks shall be tested annually for tightness.

 

(c)     The owner or operator shall assure that a maintenance and general operations check of the AST system is performed and recorded at least monthly. Monthly monitoring shall occur at a no greater interval than a thirty-day period. Deficiencies noted during the check shall be corrected. The maintenance and operations check shall include:

(1)     Visual examination of the AST system for deterioration, including, but not limited to, the AST, piping, ancillary equipment and foundation; and

(2)     A visual inspection of the containment areas for accumulation of water and removal of water as necessary; and

(3)     Confirmation that containment drain valves are secured in the closed position when not in use; and

(4)     Monitoring of the leak detection system; and

(5)     A visual of AST system vents for restrictions; and

(6)     Observation for evidence of a release of regulated substance from the AST system.

 

Modified, 1 CMC § 3806(c), (d), (e), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (b), the Commission changed “premises the AST system” to “premises of the AST system” to correct a manifest error.

 

§ 65-5-440  Release Response

 

(a)     Suspected Release

Should the AST system leak detection method, physical observation, inventory discrepancy, or other protocol indicate that a release of a regulated substance may have occurred, it shall be promptly investigated (within 24 hours) and a determination made if a release has occurred.

(1)     If a release is confirmed, DEQ shall be notified of such release within 24 hours of its confirmation.

(2)     If, after the initial discovery of a suspected release, a determination cannot be made within 24 hours that a release has or has not occurred, then DEQ shall be notified immediately of the suspected release.

 

(b)     Confirmed Release

(1)     Upon confirmation of a release, the owner or operator shall take prompt action to prevent any further release of the regulated substance.

(2)     Upon confirmation of a release the owner or operator shall take prompt action to identify and mitigate any fire, explosion, and vapor hazards.

 

(c)     Release response to a confirmed release of a regulated substance must be promptly coordinated by the owner or operator with DEQ for evaluation of impacts to the environment. Release response activities to a release of regulated substance from an AST system may include the following as determined by the Director of DEQ:

(1)     Collection of environmental samples (air, soil, surface water, groundwater); and

(2)     Remediation of soil, groundwater, and surface water to conditions which are not harmful to human health and the environment as determined by the Director of DEQ; and

(3)     Other response actions as determined appropriate by the Director of DEQ.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Part 500 -  Other Requirements for ASTs

 

§ 65-5-501  Record Keeping

 

Owners and operators of AST systems shall retain information reports and records according to this section. Upon DEQ request, AST system owners or operators shall make such data available to the agency for viewing and copying.

 

(a)     The owner and operates shall retain for the life of the AST system, and have available for DEQ inspection and review, the following records:

(1)     AST system repair and modification documentation; and

(2)     Original AST system installation and design specifications; and

(3)     Permits issued under part 100 of this chapter.

 

(b)     The owner and operator shall retain for twelve consecutive months, and have available for DEQ inspection and review, the following records:

(1)     Monthly leak detection records as required by § 65-5-435(a); and

(2)     Monthly maintenance and general operation checklists as required by § 65-5-435(c); and

(3)     The most recent annual AST system tightness test result required by § 65-5-435(b).

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (b), the Commission inserted the colon to correct a manifest error.

 

§ 65-5-505  Security

 

Each owner or operator is responsible to assure that appropriate security measures and procedures are established and implemented to protect the AST system from unauthorized access and vandalism. The security measures and procedures may include, but are not limited to, fencing, lighting, access control, locked entrances, and securing of valves and dispensers.

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-510  Signs and Labeling

 

(a)     AST System Labeling

(1)     Each AST must be clearly labeled indicating the regulated substance stored and the AST’s capacity.

(2)     If more than one AST is at a site, each AST must be labeled with a unique AST number.

(3)     Each AST with flammable or combustible regulated substances shall be labeled in accordance with NPFA 30 and 30A as appropriate.

 

(b)     Pipeline Labeling

(1)     Each AST system pipeline which contains regulated substances shall be clearly labeled with the substance being transported through it.

(2)     Each manually operated valve shall be clearly labeled as to ifs function to prevent the wrong valve from accidental opening or closure.

 

(c)     Signs

An AST system facility that does not have a person on site 24 hours a day must have a sign with the name, address, and telephone number of the facility owner, operator, or local emergency response contact. The sign must be posted in a conspicuous place and legible from outside any secondary containment area.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (a)(1), the Commission changed “ASTs” to “AST’s” to correct a manifest error.

 

§ 65-5-515  Requirements for ASTs in Vaults

 

(a)     There shall be no backfilling of material around an AST that has been installed in a vault.

 

(b)     The roof of any vault shall be constructed of noncombustible materials.

 

(c)     ASTs shall not share vaults. Each AST shall have its own vault. Adjacent vaults may share a common roof.

 

(d)     Vault openings should be liquid tight and lockable.

 

(e)     There must be sufficient space between the AST and the vault to allow for the inspection of the AST and ancillary equipment.

 

(f)      A continuous leak detection system must be installed, which is capable of detecting regulated substances and water.

(1)     The leak detection system should have an alarm which alerts the owner or operator when a leak is detected.

(2)     The leak detection system must be maintained and calibrated in accordance with the manufacturer’s requirements.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (f)(2), the Commission changed “manufacturers” to “manufacturer’s” and inserted the final period to correct manifest errors.

 

§ 65-5-520  Temporary Out-of-service AST Systems

 

(a)     If a regulated substance is not introduced to or removed from an AST system for one year or more, the owner or operator shall:

(1)     Maintain the applicable operation and maintenance requirements of part 300, part 400 and part 500 of this chapter; or

(2)     Notify DEQ within thirty calendar days, in writing, of the date the AST system has been taken out-of-service.

 

(b)     The owner or operator of an AST system taken temporarily out-of-service shall:

(1)     Secure the AST system to prevent unauthorized entrance or tampering, by:

(i)      Removal of all substances from the tank, connecting pipe and ancillary equipment; and

(ii)     Securing fill pipes, gauge openings, or pump pipelines.

(2)     Render the AST system sufficiently free of vapors to avoid formation of an explosive atmosphere and vent the tank.

(3)     Clearly label the exterior of the out-of-service AST with the words “Out of Service” and the date the AST system was taken out-of-service.

 

(c)     AST systems which are out of service for five years or longer shall meet the requirements for permanent closure.

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

§ 65-5-525  Permanent Closure

 

(a)     At least thirty days prior to beginning a permanent closure the owner or operator shall notify DEQ of its intent to permanently close their AST system.

 

(b)     The owner or operator of an AST system that is permanently closed shall:

(1)     Remove all substances from the tank, connecting piping and ancillary equipment;

(2)     Secure the AST system to prevent unauthorized entrance or tampering by:

(i)      Securely bolting and locking all manways and valves; and

(ii)     Capping or plugging fill pipes, gauge openings, or pump pipelines.

(3)     Thoroughly cleaning the interior of the tank and all associated piping of all sludges, solids and residuals.

(4)     Dispose any AST system sludges in accordance with applicable CNMI and federal requirements.

(5)     Render the AST system sufficiently free of vapors, to avoid formation of an explosive atmosphere, and vent the tank.

(6)     Legibly mark the AST systems to be permanently closed and left onsite with the date of permanent closure.

 

(c)     The owner or operator shall complete a site assessment, which evaluates the presence of any release from the AST system, and prepare a closure report. The site assessment shall be made after notification to DEQ, pursuant to subsection (a) of this section. A copy of the closure report shall be submitted to DEQ.

(1)     DEQ will make an on-site inspection prior to the site assessment to evaluate environmental conditions and review AST system maintenance and leak detection records. DEQ will then inform the owner or operator by letter of the necessary information and environmental sampling required for the site assessment.

(2)     If contamination of soil, groundwater, or surface water, or free product is discovered or confirmed by either direct observation or environmental sampling and analysis, the owner or operator shall proceed with corrective action as directed by DEQ.

 

(d)     When the Director of DEQ has determined, in writing, that an AST system has met the requirements of permanent closure, including completion of a site assessment and submittal to DEQ of a closure report, the regulations in this chapter are no longer applicable to the closed AST system unless the AST system is put back into use.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: In subsection (c), the Commission changed “which to evaluates” to “which evaluates” to correct a manifest error.

 

Part 600 -  Enforcement Authority and Procedures

 

§ 65-5-601  Penalties and Remedies for Violation

 

The Director of DEQ is authorized to impose the following penalties and remedies for violation of the CNMI Aboveground Storage Tank Regulations, codified in this chapter.

 

(a)     Enforcement and Remedies: The Director shall enforce the Act, the regulations in this chapter, and any permit or order issued hereunder, pursuant to and in accordance with the authority in 2 CMC § 3131, as amended.

 

(b)     Civil Penalties: The Director may assess civil penalties in accordance with 2 CMC § 3131, as amended.

 

(c)     Criminal Penalties: Any person, who knowingly and willfully commits any act in violation of the Act, the regulations in this chapter, or any permit issued thereunder, may be subject to criminal penalties as set forth in 2 CMC § 3131(d), as amended.

 

(d)     The Director may suspend, modify, or revoke any permit, license, registration or certification issued by DEQ for violation of the Acts, the regulations in this chapter and any permit or license issued pursuant to these regulations.

 

(e)     The Director may request that the Attorney General institute a civil action in the Commonwealth Superior Court for a temporary restraining order, injunction, or other approaches to enforce any provision of the Act, the regulations in this chapter, administrative order, or permit granted pursuant to these regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: The Commission created the section title.

 

§ 65-5-605  Procedures for Issuance of Administrative Orders

 

(a)     In accordance with 2 CMC § 3131, if the Director has reason to believe a violation of the provisions of the Act, the regulations in this chapter, and/or the terms of any permit issued pursuant to the Act and these regulations has occurred or is occurring, the Director may issue a notice of violation to enforce the Act, regulations and/or permit terms. Such notice of violation shall be signed by the Director or his authorized representative and shall provide notice of the facts constituting the violation, penalties that may be imposed, corrective actions and/or mitigating measures required, and time frame in which to take corrective action and/or mitigating measures.

 

(b)     If any person subject to a notice of violation issued pursuant to subsection (a) fails to comply with the corrective action and/or mitigative measures, the Director may issue an administrative order or other such order imposing penalties as provided by 2 CMC § 3131(c). The order shall state the facts constituting the violation, the sections of the Act, regulations or permit involved, the proposed penalty including any permit suspension, revocation, or modification, and monetary penalties including any penalty for cost of corrective action taken by the Division. The order shall also provide notice of the opportunity to request a hearing. Such order shall be personally served or served by certified mail, return receipt, on persons subject to the penalties in the order.

 

(c)     Any person subject to an order imposing penalties pursuant to subsection (b) may request, in writing, a hearing before the designated hearing officer. Request for a hearing shall be served upon the Division within seven calendar days from the date the order is received. Failure to request a hearing within seven calendar days shall constitute a waiver of the right to a hearing and the Division may take the necessary action to enforce the order.

 

(d)     Persons subject to orders issued pursuant to the Act and the regulations in this chapter may also request an informal settlement conference. An informal settlement conference shall not affect the person’s obligation to file a timely request for hearing. If a settlement is reached the parties shall forward a proposed consent order for the approval of the Director.

 

(e)     Procedures for hearings shall be conducted in accordance with the Administrative Procedure Act (APA), 1 CMC §§ 9101, et seq.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Corrected 27 Com. Reg. 24994 (Sept. 22, 2005); Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: Due to a publication error, subsections (c), (d) and (e) were omitted from the original publication of the proposed regulations in the Commonwealth Register. See 27 Com. Reg. at 24165. DEQ republished these provisions with a notice of erratum at 27 Com. Reg. 24994 (Sept. 22, 2005).

 

Part 700 -  Miscellaneous Provisions

 

§ 65-5-701  Severability

 

Should any provision of the regulations in this chapter or its application to any person or circumstance be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining portion of the regulations and/or the application of the affected provision to other persons or circumstance shall not be affected thereby.

 

Modified, 1 CMC § 3806(d).

 

History: Corrected 27 Com. Reg. 24994 (Sept. 22, 2005); Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: Due to a publication error, this section was omitted from the original publication of the proposed regulations in the Commonwealth Register. See 27 Com. Reg. at 24165. DEQ republished this provision with a notice of erratum at 27 Com. Reg. 24994 (Sept. 22, 2005).

 

§ 65-5-705  Effective Date

 

The regulations in this chapter will take effect ten calendar days after notice of adoption is published in the Commonwealth Register.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Corrected 27 Com. Reg. 24994 (Sept. 22, 2005); Adopted 27 Com. Reg. 24680 (July 20, 2005); Proposed 27 Com. Reg. 24139 (May 18, 2005).

 

Commission Comment: Due to a publication error, this section was omitted from the original publication of the proposed regulations in the Commonwealth Register. See 27 Com. Reg. at 24165. DEQ republished this provision with a notice of erratum at 27 Com. Reg. 24994 (Sept. 22, 2005).


CHAPTER 65-10

AIR POLLUTION CONTROL REGULATIONS


Part 001     General Provisions

§ 65-10-001         Authority

§ 65-10-005         Purpose and Policy

§ 65-10-010         Policy

§ 65-10-015         Definitions

 

Part 100     Permitting of New Sources or Modifications

§ 65-10-101         Permit Required

§ 65-10-105         List of Exemptions

§ 65-10-110         Violators Not Exempt

§ 65-10-115         Applications

§ 65-10-120         Conditions for Considering Applications

§ 65-10-125         Performance Testing

§ 65-10-130         Cancellation of Permit to Construct and Operate

§ 65-10-135         Suspension or Revocation of Permit to Construct and Operate

§ 65-10-140         Transfer of Permit to Construct and Operate

§ 65-10-145         Reporting Discontinuance or Dismantlement

§ 65-10-150         Posting of Permit to Construct and Operate

§ 65-10-155         Falsifying or Altering a Permit to Construct and Operate

§ 65-10-160         Air Pollution Control Techniques

 

Part 200     Registration of Existing Sources

§ 65-10-201         Registration Required

§ 65-10-205         List of Exemptions

§ 65-10-210         Registration Forms

§ 65-10-215         Violators Not Exempt

 

Part 300     Sampling, Testing, and Reporting Methods

§ 65-10-301         Approved Sampling and Testing Techniques

§ 65-10-305         Record Keeping and Reporting

§ 65-10-310         Shutdown of Air Pollution Control Equipment Report

§ 65-10-315         Air Pollution Control Equipment Failure Report

 

Part 400     Prohibition of Air Pollution

§ 65-10-401         Control of Open Burning

§ 65-10-405         Control of Visible Emissions

§ 65-10-410         Control of Emissions from Motor Vehicles

§ 65-10-415         Control of Fugitive Dust and Other Particulate Matter

§ 65-10-420         Control of Incineration

§ 65-10-425         Control of Process Industries

Table 400-1          Process Weight Rate

§ 65-10-430         Control of Sulfur Oxides from Fuel Combustion

§ 65-10-435         Variances to Prohibition of Air Pollution

 

Part 500     Fees

§ 65-10-501         Payment in Full

§ 65-10-505         Required Fees

 

Part 600     Public Participation

§ 65-10-601         Availability of Information

§ 65-10-605         Public Notice

§ 65-10-610         Public Hearing

§ 65-10-615         Availability of Results

§ 65-10-620         Other Requirements

 

Part 700     Enforcement

§ 65-10-701         Administrative Order

§ 65-10-705         Injunctive Relief

§ 65-10-710         Penalties and Damages

§ 65-10-715         Hearings and Appeals

§ 65-10-720         Right of Entry

 

Part 800     Miscellaneous Provisions

§ 65-10-801         Severability

§ 65-10-805         Effective Date


 

Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135.

 

Chapter History: Amdts Proposed 29 Com. Reg. 27297 (Nov. 19, 2007);* Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

* A notice of adoption has not been published as of June 30, 2013.

 

Commission Comment: PL 3-23 (effective Oct. 8, 1982), the “Commonwealth Environmental Protection Act,” codified as amended at 1 CMC §§ 2646-2649 and 2 CMC §§ 3101-3135, created the Division of Environmental Quality (DEQ) within the Department of Public Health and Environmental Services. See 1 CMC § 2646. The act authorized the Chief (now the Director) of the Division to administer, implement and enforce specific powers and duties relating to environmental protection and to develop rules and regulations to implement PL 3-23 and other laws administered by the Division. See 1 CMC §§ 2647 and 2648. PL 3-23 § 7, 2 CMC § 3121, granted the Director of the Department of Public Health and Environmental Services the exclusive power to issue regulations pursuant to the act.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(d):

 

Section 304. Department of Public Works.

 

 

 (d)   Environmental Quality. The Division of Environmental Quality is transferred from the Department of Public Health to the Department of Public Works. To the maximum extent practicable, the Secretary of Public Works shall integrate land-based earth moving permits into the building permit process.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-108 (effective Dec. 3, 1999) repealed Executive Order 94-3 § 304(d) in its entirety. See PL 11-108 § 2. PL 11-108 “reclassified [the Division of Environmental Quality] as an independent regulatory agency, acting from within the office of the Governor” and placed all administrative duties and authority with regards to DEQ with the Governor or his designee. PL 11-108 §§ 1 and 3, codified at 1 CMC § 2650.

 

In November 2007, the Division of Environmental Quality proposed new regulations to supersede the regulations in this chapter. A notice of adoption has not been published as of June 30, 2013.

 

Executive Order No. 2013-24, promulgated at 35 Com. Reg. 34596 (Nov. 28, 2013), established a new Bureau of Environmental and Coastal Quality. This Order reorganized the Division of Environmental Quality as a division of the Bureau of Environmental and Coastal Quality, and provided that “all rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Executive Order shall continue to be effective until revised, amended, repealed or terminated.”

 

Part 001 -  General Provisions

 

§ 65-10-001         Authority

 

These regulations have been promulgated by the Department of Public Health and Environmental Services in accordance with Commonwealth of the Northern Mariana Islands Public Law 3-23 [2 CMC §§ 3101, et seq.], and the provisions of the Clean Air Act of 1977, as amended. The regulations in this chapter shall have the force and effect of law and shall be binding on all persons and other legal entities subject to the jurisdiction of the Commonwealth of the Northern Mariana Islands.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 regulations readopted and republished all of the then existing Air Pollution Control Regulations. The Commission, therefore, cites the 1987 regulations in the history sections throughout this chapter.

 

With respect to the reference to the Department of Public Health and Environmental Services, see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles and effecting numerous other revisions.

 

§ 65-10-005         Purpose and Policy

 

The purpose of the regulations in this chapter, technical provisions and specifications is to establish certain minimum standards and requirements as determined by the Department to be necessary for the public health and safety to insure that air resources are protected against pollution and do not constitute a health hazard.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-010         Policy

 

It shall be the policy of the Department of Public Health and Environmental Services, Division of Environmental Quality to:

 

(a)     Affirmatively protect the right of each person to a clean and healthful public environment, as guaranteed by section 9 of article I of the Constitution [of the CNMI];

 

(b)     Maintain optimum levels of air quality in order to protect and preserve public health and general welfare;

 

(c)     Assure that necessary or desirable economic and social development proceeds in an environmentally responsible manner in order to promote the highest attainable quality of life for present and future generations;

 

(d)     Preserve, protect, and improve the aesthetic quality of the air in order to promote the beauty of the Commonwealth for the enjoyment of its residents and visitors.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: With respect to the reference to the Department of Public Health and Environmental Services, see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles and effecting numerous other revisions.

 

§ 65-10-015         Definitions

 

Definitions found in this section apply to the regulations in this chapter and to the CNMI state implementation plan. All terms used in the regulations in this chapter, and not defined herein shall have the meanings given them in the Clean Air Act, as amended.

 

(a)     “Act” means the Clean Air Act (42 U.S.C. §§ 1857-18571, as amended by Public Law 91-604, 84 Stat. 1676).

 

(b)     “Administrator” means the Administrator of the U.S. Environmental Protection Agency (EPA) or his authorized representative.

 

(c)     “Agricultural burning” shall mean open outdoor fires used in agricultural operations, in the growing of crops, raising of fowl or animals, forest management or range improvement.

 

(d)     “Air pollutant” shall mean any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air, which includes but is not limited to dust, fumes, mist, smoke, other particulate matter, vapor, gas odorous substances, or any combination thereof.

 

(e)     “Air pollution” shall mean the presence in the outdoor atmosphere of one or more air pollutant in such concentration quantity and duration as is potentially injurious to human health or welfare, animal or plant life, or property or as potentially interfere with the enjoyment of life or property.*

 

*So in original.

 

(f)      “Allowable emissions” means the emission rate calculated using the maximum rated capacity of the source (unless the source is subjected to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(1)     Applicable standards as set forth in 40 CFR part 60 and part 61,

(2)     The applicable state implementation plan emission limitation, or

(3)     The emission rate specified as a permit condition.

 

(g)     “Ambient air” shall mean the general outdoor atmosphere.

 

(h)     “Area source” means any residential, governmental institutional, commercial, or industrial fuel combustion operations; onsite solid waste disposal facility; motor vehicles, aircraft, vessels, or other transportation facilities; or other miscellaneous sources as identified through inventory techniques similar to those described in: “A Rapid Survey Technique for Estimating Community Air Pollution Emissions,” Public Health Service Publication No. 999-AP-29, October 1966.

 

(i)      “Baseline concentration” means that ambient concentration level which exists at the time of the applicable baseline data, minus any contribution from major stationary sources and major modifications thereto on which construction commenced on or after January 6, 1975. The baseline concentration shall include contributions from:

(1)     The actual emissions of other sources in existence on the applicable baseline date, except that contributions from such existing sources to the extent that a plant revision proposing less restrictive requirements affects such sources was submitted on or before the baseline date and was pending actions by the Administrator on that date shall be determined from the allowable emissions under the plan was revised;* and

(2)     The allowable emissions of major stationary sources and major modifications which commenced construction January 6, 1975, but were not in operation by the applicable baseline date.

 

*So in original.

 

(j)      “Baseline date” means, for every part of an air quality control region (AQCR) designed as unclassifiable or attainment under section 107(d)(1)(D) or (E) of the Act, the date of the first complete application after August 7, 1977 for a permit under this section for any major stationary source or major modification, in any part of the AQCR.

 

(k)     “Best available control technology” means an emission limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the act which would be emitted from any proposed major stationary source of major modification which the permitting authority on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques for control of such pollutant. In no event shall application of the best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR part 60 and part 61. If the reviewing, agency determines that technological or economic limitations on the application of measurement methodology to a particular class of sources would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, work practice or operational standard, or combination thereof, to require the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achieved by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

 

(l)      “Capacity factor” means the ratio of the average load on a machine or piece of equipment for the period of time considered, to the capacity rating of the machine or piece of equipment.

 

(m)    “Chief” shall mean the Chief of the Division of Environmental Quality, Department of Public Health and Environmental Services.

 

(n)     “Construction” means fabrication, erection, installation, or modification of a source.

 

(o)     “Control strategy” means a combination of measures designated to achieve the aggregate reduction of emissions necessary for attainment and maintenance of a national standard, including, but not limited to, measures such as:

(1)     Emission limitations.

(2)     Federal, state or Commonwealth emission charges or taxes or other economic incentives or disincentives.

(3)     Closing or relocation of residential, commercial, or industrial facilities.

(4)     Changes in schedules or methods of operation of commercial or industrial facilities or transportation systems, including, but not limited to, short-term changes made in accordance with standby plans.

(5)     Periodic inspection and testing of motor vehicle emission control systems.

(6)     Emission control measures applicable to in-use motor vehicles, including, but not limited to, measures such as mandatory maintenance, installation of emission control devices, and conversion to gaseous fuels.

(7)     Measures to reduce motor vehicle traffic, including, but not limited to, measures such as appropriate parking restrictions and traffic operations restrictions.

(8)     Expansion or promotion of the use of mass transportation facilities through measures such as increases in the frequency, convenience, and passenger- carrying capacity of mass transportation systems.

(9)     Any land use or transportation control measures not specifically delineated herein.

(10)   Any variation of, or alternative to, any measure delineated herein.

 

(p)     “Commence” as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals and either has:

(1)     Begun, or caused to begin, a continuous program of physical on-site construction of the source to be completed within a reasonable time; or

(2)     Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the source to be completed within a reasonable time.

 

(q)     “Compliance schedule” means the date or dates by which a source or category of sources is required to comply with specific emission limitations contained in an implementation plan and with any increments of progress toward such compliance.

 

(r)      “Department” shall mean the Department of Public Health and Environmental Services of CNMI or its duly authorized agent, officer, or inspector.

 

(s)      “Director” shall mean the director of the Department of Public Health and Environmental Services.

 

(t)      “Division” shall mean the Division of Environmental Quality, Department of Public Health and Environmental Services.

 

(u)     “Effluent water separator” shall mean any tank, box, sump or other container in which any volatile organic compound floating on entrained or contained in water entering such tank, box sump, or other container is physically separated and removed from such water prior to outfall, drainage, or recovery of such water.

 

(v)     “Emission” shall mean the release or discharge of air pollutants into the ambient air from any source.

 

(w)    “Emission standard” means a regulation (or portion thereof) setting forth an allowable rate of emission, level of opacity, or prescribing equipment or fuel specifications that result in control of air pollution emissions.

 

(x)     “Emission unit” means any part of a stationary source which emits or has the potential to emit any pollutant regulated under the Act.

 

(y)     “Excess emissions” means emissions of an air pollutant in excess of an emission standard.

 

(z)     “Existing source” shall mean any stationary source other than a new source, or other than those new sources subject to the federal Clean Air Act.

 

(aa)    “Federal Land Manager” means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

 

(bb)   “Fixed capital cost” means the capital needed to provide all the depreciable components.

 

(cc)    “Fossil fuel-fixed steam generator” means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

 

(dd)   “Fuel-burning equipment” shall mean any furnace, boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer.

(ee)    “Fugitive dust” shall mean uncontrolled emission of solid airborne particulate matter from any source other than combustion.

 

(ff)    “Fugitive emissions” means those emissions which do not pass through a stack, chimney, vent, or other functionally equivalent opening.

 

(gg)   “High terrain” means any area having an elevation of 900 feet or more above the base of the stack of a facility.

 

(hh)   “Increments of progress” means steps toward compliance which will be taken by a specific source, including:

(1)     Date of submittal of the source’s final control plan to the appropriate air pollution control agency;

(2)     Date by which contracts for emission control systems or process modifications will be awarded; or date by which order will be issued for the purchase of component parts to accomplish emission control or process modification;

(3)     Date of initiation of on-site construction or installation of emission control equipment or process change;

(4)     Date by which on-site construction or installation of emission control equipment or process modification is completed; and

(5)     Date by which final compliance is to be achieved.

 

(ii)     “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality of environmental impacts.

 

(jj)     “Low terrain” means any area other than high terrain.

 

(kk)   “Major modification” means:

(1)     Any physical change in, or change in the method of operation of, a major stationary source, or series of contemporaneous physical changes in or changes in, the method of operation of, a major stationary source, that would result in a significant net increase in that source’s potential to emit the pollutant for which the stationary source is major (or that would make the stationary source major taking into account all accumulated net increases in potential emissions occurring at the source, including any initial construction since August 7, 1977). The term “major modification” serves as the definition of “modification” or “modified” when used in the Act in reference to a major stationary source.

(2)     A physical change shall not include routine maintenance, repair and replacement.

(3)     A change in the method of operation, unless previously limited by enforceable permit conditions, shall not include:

(i)      Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), a prohibition under the Power Plant and Industrial Fuel Use Act of 1978 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(ii)     Use of an alternative fuel or raw material, if prior to January 6, 1975, the source was capable of accommodating such fuel or material;

(iii)    Use of an alternative fuel by reason of an order or rule under section 125 of the Act;

(iv)    Change in ownership of the stationary source; or

(v)     Use of refuse derived fuel generated from municipal solid waste.

(4)     Changes are “contemporaneous” only if reductions occur after a notice is filed pursuant to § 65-10-605(a) and before operation of the emission unit or units that will result emission increases. Also, to be “contemporaneous” all of the emission reductions must be completed and enforceable under the state plan before operation of the emission unit or units that will result in any emission increase. Where that new emission unit is a replacement for an emission unit that is being shut down in order to provide the necessary reductions, the reviewing authority may allow up to “80 days for shakedown of the new emission unit before the existing emission unit is required to cease operation.

(5)     For a series of changes in a stationary source to satisfy the requirement of “no net increase,” all of the following must be satisfied:

(i)      All reductions and all increases must be for the same pollutant;

(ii)     The sum of all decreases must be greater than or equal to the sum of all increases;

(iii)    On balance the air quality of the affected area must not be adversely impacted.

(6)     In performing the calculation in paragraph (kk)(5) of this section (to determine whether the sum of all decreases is greater than or equal to the sum of all increases) the following rules shall apply:

(i)      Subject to the following adjustments, the size of an increase or decrease is determined by the difference between the potential or emit of the change of emissions unit before and after the change.*

(ii)     If potential to emit for a changed emission unit was initially higher than allowable emissions, then no offset credit may be taken for decreasing potential to emit down to allowable emissions.

(iii)    The requirement of 40 CFR part 51, appendix S, sections IV.C.2 and 4 shall apply involving the amount of credit permissible for changing fuels and for replacing one hydrocarbon compound with another of lesser reactivity.

 

(ll)     “Major stationary source” means:

(1)     Any of the following stationary sources of air pollutants which emit, or have the potential to emit, 100 tons per year or more of any pollutant regulated under the Clean Air Act (the “Act”): Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil-fuel boiler (or combination thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capability exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

(2)     Notwithstanding the stationary source sizes specified in subsection (ll)(1) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant regulated under the Act.

(3)     Any stationary source with the potential to emit 5 tons of lead or more per year.

 

(mm) “Modification” shall mean any physical change to or change in the method of operation, including switching to a fuel with a higher sulfur and/or ash content, of a stationary source which changes the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted.

 

(nn)   “National standard” means either a primary or a secondary standard.

 

(oo)   “Necessary preconstruction approvals or permits” means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable state implementation plan.

 

(pp)   “New source” shall mean any stationary source, the construction or modification of which is commenced after adoption of any applicable regulation and which is not covered by the new source performance standards section of the Federal Clean Air Act (section III) and the regulations promulgated thereunder.

 

(qq)   “Nitric acid plant” means any facility producing nitric acid 30 to 70 percent in strength by either the pressure or atmospheric pressure process.

 

(rr)     “Odors” shall mean smells or aromas which are unpleasant to persons, or which interfere with sleep, upset appetite, produce irritation of the upper respiratory tract, or create symptoms of nausea, or which are or may be detrimental or dangerous to health.

 

(ss)    “Opacity” shall mean a state which renders material partially or wholly impervious to rays of light and causes obstruction to an observer’s view.

 

(tt)     “Open burning” shall mean the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flare.

 

(uu)   “Owner or operator” means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly results or may result in emissions of any air pollutant for which a national standard is in effect.

 

(vv)   “Particulate matter” shall mean any material, except water in uncombined form, that is or has been airborne and exists as a liquid or a solid at standard conditions.

 

(ww) “Person” shall mean any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, or any state or political subdivision or agency thereof or any legal predecessor, successor, agent, assign representative, or representative agency of the foregoing.

 

(xx)   “Point source” means:

(1)     Any stationary source causing emissions in excess of 100 tons (90.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 “urban place” population, as defined by the Bureau of Census, was equal to or greater than 1 million; or

(2)     Any stationary source causing emissions in excess of 25 tons (22.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 “urban place” population, as defined by the U.S. Bureau of the Census, was less than 1 million.

 

(yy)   “Potential to emit” means the capability at maximum design capacity to emit a pollutant after the application of air pollution control equipment. Annual potential shall be based on the maximum annual rated capacity of the stationary source assuming continuous year-round operation. Enforceable permit conditions on the type of materials combusted or processed may be used in determining the annual potential. Secondary emissions do not count in determining annual potential. Fugitive emissions also do not count, except with respect to the following stationary sources and then only to the extent quantifiable.

(1)     Coal cleaning plants

(2)     Kraft pulp mill

(3)     Portland cement plants

(4)     Primary zinc smelters

(5)     Iron and steel mill plants

(6)     Primary aluminum ore reduction plants

(7)     Primary copper smelters

(8)     Municipal incinerators

(9)     Hydrofluoric, sulfuric, or nitric acid plants

(10)   Petroleum refineries

(11)   Lime plants

(12)   Phosphate rock processing plants

(13)   Coke oven batteries

(14)   Sulfur recovery plants

(15)   Carbon black plants

(16)   Primary lead smelters

(17)   Fuel conversion plants

(18)   Sintering plants

(19)   Secondary metal production plants

(20)   Chemical process plants

(21)   Fossil fuel-fired boilers

(22)   Petroleum storage and transfer units

(23)   Taconite ore processing plants

(24)   Glass fiber processing plants

(25)   Charcoal production plants

(26)   Fossil fuel-fired steam electric plants

(27)   Any other stationary source category which, at the time of the applicability determination, is being regulated under section 111 or 112 of the Act.

 

(zz)    “Primary standard” means a national primary ambient air quality standard promulgated pursuant to section 109 of the Act.

 

(aaa)  “Reasonable available control technology’” or “RACT” means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

 

(bbb) “Reconstruction” will be presumed to have taken place where the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new stationary source. However, any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed stationary source will be treated as a new stationary source for purposes of this section, except that use of an alternative fuel or raw material by reason of an order in effect under section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, or by reason of an order or rule under section 125 of the Act, shall not be considered reconstruction. In determining best available control technology for a reconstructed stationary source, the provisions of 40 CFR 60.15(f)(4) shall be taken into account in assessing whether a standard of performance under 40 CFR part 60 is applicable to such stationary source.

 

(ccc)  “Region” means

(1)     An air quality control region designated by the Administrator,

(2)     Any area designated by a state agency as an air quality control region and approved by the Administrator, or

(3)     Any area of a state or designated as an air quality control region under paragraph (hh)(1) or (2) of this section.

 

(ddd)          “Regional Office” means one of the ten EPA Regional Offices.

 

(eee)  “Ringlemann chart” shall mean the chart published and described in the U.S. Bureau of Mines Information Circular 8333.

 

(fff)   “Roadway type” means any class of roadway facility that can be broadly categorized as to function and assigned average speed and capacity values, e.g., expressway, arterial, collector, and local.

 

(ggg) “Secondary emission” means emissions which occur or would occur as a result of the construction or operation of a major stationary source or major modification, but do not necessarily come from the major stationary source or major modification itself. For purposes of this section, secondary emissions must be specific and well defined, must be quantifiable, and must impact the same general area as the stationary source or modification which causes the secondary emission. Secondary emissions may include but are not limited to:

(1)     Emissions from ships or trains coming to or from the stationary source or modification; and

(2)     Emissions from any offsite support source which would be constructed or would not otherwise increase its emissions.

 

(hhh) “Secondary standard” means a national secondary ambient air quality standard promulgated pursuant to section 109 of the Act.

 

(iii)    “Smoke” shall mean the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon.

 

(jjj)    “Stack” shall mean any chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.

 

(kkk) “Standard stack conditions” shall mean a dry gas temperature of 70 degrees Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute (21.1 degrees C, 760 mm Hg.).

 

(lll)    “State implementation plan” (or “SIP”) shall mean the air pollution implementation plan for the CNMI as submitted to the U.S. Environmental Protection Agency on or about May 1980 as amended from time to time.

 

(mmm)        “Stationary source” means any structure, building, facility or installation which emits or may emit any air pollutant regulated under the Act.

 

(nnn) “Structure, building, facility or installation” means any grouping of pollutant-emitting activities which are located on one or more contiguous or adjacent properties and which are owned or operated by the same person (or by persons under common control).

 

(ooo) “Sulfuric acid plant” means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

 

(ppp) “Time period” means any period of time designated by hour, month, season, calendar year, averaging time, or other suitable characteristics, for which ambient air quality is estimated.

 

(qqq) “Total suspended particulates (TSP)” means the total amount of finely divided solid or liquid material, other than uncombined water, which is suspended in gaseous emissions, as measured by reference methods specified in 40 CFR, part 60 and its subparts.

 

(rrr)   “Traffic flow measure” means any measure, such as signal light synchronization and curbside parking restrictions, that is taken for the purpose of improving the flow of traffic and thereby reducing emissions of air pollutant from motor vehicles.

 

(sss)   “Transportation control measure” means any measure, such as reducing vehicle use, changing traffic flow patterns, decreasing emissions from individual motor vehicles, or altering existing modal split patterns that is directed toward reducing emissions of air pollutants from transportation sources.

 

(ttt)   “Trip type” means any class of vehicle trips possessing one or more characteristics (e.g., work, non-work, peak, off-peak) that distinguish vehicle trips in the class from vehicle trips not in the class.

 

(uuu) “Variance” means the temporary deferral of a final compliance date for an individual source subject to an approved regulation, or a temporary change to an approved regulation as it applies to an individual source.

 

(vvv) “Vehicle trip” means any movement of a motor vehicle from one location to another that results in the emission of air pollutants by the motor vehicle.

 

(www)        “Vehicle type” means any class of motor vehicles (e.g., pre-controlled, heavy duty vehicles, gasoline powered trucks) whose emissions characteristics are significantly different from the emissions characteristics of motor vehicles not in the class.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments added new subsections (ll)(3), (lll) and (qqq) and alphabetized and reordered the entire section.

 

In subsection (d), the Commission inserted a comma after “chemical.” The Commission corrected the capitalization of “state” in subsection (o)(2) pursuant to 1 CMC § 3806(f). In subsection (kk), the Commission corrected the spelling of “contemporaneous” and inserted the closing parenthesis after “modification.” In subsections (ll)(1) and (ccc)(1) and (2), the Commission corrected the spelling of “totaling” and “administrator,” respectively.

 

With respect to the references to the Department of Public Health and Environmental Services, see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles and effecting numerous other revisions.

 

Part 100 -  Permitting of New Sources or Modifications

 

§ 65-10-101         Permit Required

 

(a)     This section applies to all new sources or modifications of major sources of airborne emissions. A permit shall be required for the construction and operation of all new sources or modifications of major sources of emissions.

 

(b)     Permit to Construct and Operate

No person shall cause or permit the construction, operation, or modification of any new source the use of which may cause the emission of air pollutants without first obtaining a permit to construct and operate for such construction, operation or modification from the Chief. Upon receipt of such permit the applicant is authorized to construct, operate, or modify the source in the manner specified by the permit, the regulations in this chapter, and other applicable Commonwealth and federal laws, rules and regulations.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission inserted commas after the words “operation” and “operate” in subsection (b) pursuant to 1 CMC § 3806(g).

 

The 1987 amendments amended subsections (a) and (b).

 

§ 65-10-105         List of Exemptions

 

A permit to construct and operate shall not be required for the following:

 

(a)     The installation or altering of an air pollutant detector, air pollution recorder, combustion controller or combustion shut-off.

 

(b)     Air conditioning or ventilating system not designed to remove air pollutants generated by or released from equipment.

 

(c)     Fuel burning equipment, other than smoke house generators, which is used in a private dwelling; or has a BTU gross input rate of less than 500,000 BTU per hour; or is used for space heating, other than boilers and hot air furnaces.

 

(d)     Steam generators, steam superheaters, water boilers, water heaters, and closed heat transfer systems that have a maximum gross heat input rate of less than 250 million BTU per hour singly or in combination for all systems located at any one site, and are fired exclusively with one of the following:

(1)     Natural or synthetic gas;

(2)     Liquefied petroleum gas;

(3)     A combination of natural or synthetic and/or liquefied petroleum gas.

 

(e)     Mobile internal combustion engines.

 

(f)      Laboratory equipment used exclusively for chemical or physical analyses.

 

(g)     Ocean-going vessels.

 

(h)     Other sources of minor significance as specified by the Chief.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments added new subsection (h).

 

§ 65-10-110         Violators Not Exempt

 

Issuance of a permit to construct and operate shall not exempt any person owning or operating a source from prosecution for violations of applicable rules, regulations and permit conditions.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-115         Applications

 

(a)     Application for a permit to construct and operate as required by this section shall be made on forms furnished by the Chief and shall be accompanied by two copies of complete data, siting information, plan description, specifications, drawings, and other detailed information necessary to determine in what manner the new sources will be operated and controlled.

 

(b)     Each application shall be signed by the applicant and shall constitute a formal agreement that the applicant will assume responsibility for the construction or modification and operation of the equipment in accordance with these rules and regulations.

(c)     If the applicant is a partnership or group other than a corporation, the application shall be made by one individual who is a member of the group having sufficient authority to legally commit such partnership or group. If the applicant is a corporation, the application shall be made by an officer of the corporation or general manager of the facility.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-120         Conditions for Considering Applications

 

(a)     Within 14 days after receipt of an application for a permit to construct and operate, or any addition to such application, the Chief shall advise the applicant of any deficiency in the application or in the information submitted. The Chief may also request other additional information from the applicant at any time.

 

(b)     If the application is for a major permit, as determined by the Chief, the public must be afforded an adequate opportunity to comment prior to the application being deemed complete. The Chief may hold a hearing if the Chief determines such is necessary.

 

(c)     An application will be deemed complete for the purposes of this section either on the date of the close of the public comment period, if any, or the date on which applicant provides the Chief with all required information, whichever date is later. Within 21 days, or if the application is a major permit as determined by the Chief, within 45 days, after receipt of a complete application, the Chief shall make a final determination on the application. The Chief shall notify the applicant in writing of his approval, conditional approval, or denial. If the application is for a major permit, prior to a final determination, the following requirements must be met:

(1)     The Chief shall make a preliminary determination whether construction and operation should be approved, approved with conditions, or disapproved;

(2)     The applicant shall have the opportunity to submit a written response to the Chief to any comments submitted by the public not later than 10 days after the close of the public comment period.

 

(d)     Approval

(1)     The Chief shall approve an application for a permit to construct and operate if the applicant can show to the satisfaction of the Chief that:

(i)      The new source is designed, built, and equipped in accordance with reasonably available control technology,

(ii)     The new source is designed and will be constructed or modified to operate without causing a violation of applicable rules and regulations, and

(iii)    The new source will not endanger the maintenance or attainment of applicable national ambient air quality standards or ambient air increments as set forth as maximum allowable increases for class II areas for sulfur dioxide and particulate matter in 40 Code of Federal Regulations §52.21(c) and (d).

(2)     A permit to construct and operate shall be issued for any term not to exceed five years, if the Chief determines that such will be in the public interest. The Chief, on application, may renew a permit for additional terms each not to exceed five years.

 

(e)     Conditional Approval

Before granting a permit to construct and operate, the Chief may require the applicant to provide such facilities as are necessary for sampling and testing to determine the air pollutant discharged into the atmosphere and may specify any other conditions which will bring the operation of any new source described in the application within the conditions of this section. Sampling and testing facilities may include but are not limited to the following:

(1)     Sampling ports of a size, number and location as specified by the Chief.

(2)     Safe access to the port.

(3)     Instrumentation for monitoring and recording emission data.

 

(f)      Denial

The Chief may deny an application for a permit to construct and operate, if the information submitted shows that the new source described in the application cannot conditionally or otherwise meet the conditions of the regulations in this chapter, and all fees paid shall be forfeited.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The Commission inserted a comma after the word “approval” in subsection (c) pursuant to 1 CMC § 3806(g). The original paragraphs of subsection (d) were not designated. The Commission designated subsections (d)(1) and (d)(2).

 

The 1987 amendments added new subsection (b) and amended and renumbered the remaining subsections accordingly.

 

§ 65-10-125         Performance Testing

 

If required by the Chief, the applicant shall conduct performance tests in order to determine compliance with applicable rules and regulations in accordance with the test methods as specified by the Chief with the tests being made at the expense of the applicant. The Chief may monitor or conduct such test at the expense of the applicant.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments deleted former section V(F), entitled “Action on Application for Permit to Construct and Operate,” and renumbered the remaining sections in this part accordingly. See 6 Com. Reg. at 2849 (June 15, 1984).

 

§ 65-10-130         Cancellation of Permit to Construct and Operate

 

(a)     The Chief may cancel a permit to construct and operate if the approved work is not begun within one year from the date of issuance, or if the work involved in the construction, operation, or modification is suspended by the applicant for one year or more.

 

(b)     An applicant may request an extension of the cancellation date by writing to the Chief and stating reasons for the request. Extensions may be granted for a period of not more than six months after the cancellation date.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment:  The Commission inserted a comma after the word “operation” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 65-10-135         Suspension or Revocation of Permit to Construct and Operate

 

Any violation of the rules and regulations in this chapter shall be cause for the Chief to suspend or revoke a permit to construct and operate. Suspension or revocation of a permit to construct and operate shall become final ten days after service of notice on the holder of the permit. A permit to construct and operate which has been revoked shall be surrendered forthwith to the Chief, and all fees paid shall be forfeited.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-140         Transfer of Permit to Construct and Operate

 

A permit to construct and operate shall not be transferrable, whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one person to another, without the Chief’s approval or approval with conditions. The Chief may deny any such transfer and require a new application for a permit to construct and operate.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-145         Reporting Discontinuance or Dismantlement

 

It shall be required of holder of the permit to construct and operate to report to the Chief within thirty days of permanent discontinuance or dismantlement of the source for which the permit to construct and operate has been issued. Such permit shall then be surrendered forthwith to the Chief.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-150         Posting of Permit to Construct and Operate

 

Upon granting of a permit to construct and operate, the applicant shall post a facsimile of such permit in a conspicuous place at or near the source for which the permit was issued.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-155         Falsifying or Altering a Permit to Construct and Operate

 

A person shall not willfully deface, alter, forge, counterfeit, or falsify a permit to construct and operate.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-160         Air Pollution Control Techniques

 

The use of dispersion techniques, as defined at 40 CFR §§ 51.1 (hh), (jj) and (kk) as a form of controlling air pollution are not acceptable unless an exemption from those requirements of the Clean Air Act and EPA policy is granted by EPA to the CNMI under section 325 of the Clean Air Act.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Part 200 -  Registration of Existing Sources

 

§ 65-10-201         Registration Required

 

Any person responsible for the operation of existing sources, the use of which may cause emission of air pollutants shall be required to register with the Chief not later than six months after the effective date of this regulation.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-205         List of Exemptions

 

Registration shall not be required for the following:

 

(a)     An air pollutant detector, air pollutant recorder, combustion controller, or combustion shutoff.

 

(b)     Air conditioning or ventilating systems not designed to remove air pollutants generated or released from equipment.

 

(c)     Fuel burning equipment, other than smoke house generators, which is used in a private dwelling; or has a BTU gross input rate of less than 500,000 BTU per hour; or is used for space heating, other than boilers and hot air furnaces.

 

(d)     Steam generators, steam superheaters, water boilers, water heaters, and closed heat transfer systems that have a maximum gross heat input rate of less than 250 million BTU per hour singly or in combination for all systems located at any one site, and are fired exclusively with one of the following:

(1)     Natural or synthetic gas;

(2)     Liquefied petroleum gas;

(3)     A combination of natural or synthetic and/or liquefied petroleum gas.

 

(e)     Mobile internal combustion engines.

 

(f)      Laboratory equipment used exclusively for chemical or physical analyses.

 

(g)     Ocean-going vessels.

 

(h)     Other sources of minor significance as specified by the Chief.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments added new subsection (h), amended subsection (d), and republished and readopted this section in its entirety.

 

§ 65-10-210         Registration Forms

 

Registration shall be made on forms provided for this purpose by the Chief and shall include such information as may be necessary to enable the Chief to evaluate the nature and extent of emissions.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-215         Violators Not Exempt

 

Registration shall not exempt any person owning or operating a source from prosecution for violation of applicable rules and regulations.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Part 300 -  Sampling, Testing, and Reporting Methods

 

§ 65-10-301         Approved Sampling and Testing Techniques

 

(a)     All sampling and testing shall be made and the results calculated in accordance with test procedures approved by the Chief. All tests shall be made under the direction of persons knowledgeable in the field of air pollution control.

 

(b)     The Chief is authorized to conduct tests of emissions of air pollutants from any source. Upon request of the Chief, the person responsible for the source to be tested shall provide necessary ports in stacks or ducts and such other safe and proper sampling and testing facilities, exclusive of instruments and sensing devices, as may be necessary for proper determination of the emission of air pollutants.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-305         Record Keeping and Reporting

 

(a)     The owner or operator of any stationary source in the CNMI shall, upon notification from the Chief, maintain records of the nature and amounts of emissions from such source and/or any other information as may be deemed necessary by the Chief to determine whether such source is in compliance with applicable emissions limitations or other requirements.

 

(b)     The information recorded shall be summarized and reported to the Chief, on forms furnished by the Chief, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 - June 30 and July 1 - December 31, except that the initial reporting period shall commence on the date the Chief issues notification of the record-keeping requirements.

 

(c)     Information recorded by the owner or operator and copies of the summarizing reports submitted to the Chief shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted.

 

(d)     Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other requirements and will be made available to the public during normal business hours at the Division.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-310         Shutdown of Air Pollution Control Equipment Report

 

In case of shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the Chief at least twenty-four hours prior to the planned shutdown. Such prior notice shall include, but is not limited to the following:

 

(a)     Identification of the specific facility to be taken out of service as well as its location and permit number.

 

(b)     The expected length of time that the air pollution control equipment will be out of service.

 

(c)     The nature and quantity of emissions of air pollutants likely to be emitted during the shutdown period.

 

(d)     Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period.

 

(e)     The reasons that it would be impossible or impractical to shut down the source operation during the maintenance period.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-315         Air Pollution Control Equipment Failure Report

 

In the event that any emission source, air pollution control equipment, or related facility breaks down in such a manner as to cause the emission of air pollutants in violation of applicable rules and regulation, the owner or operator of such equipment shall immediately notify the Chief of such failure or breakdown and provide a statement giving all pertinent facts, including the estimated duration of the breakdown. The Chief shall also be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Part 400 -  Prohibition of Air Pollution

 

§ 65-10-401         Control of Open Burning

 

(a)     No person shall ignite, cause to be ignited, permit to be ignited, or maintain any open fire. This section shall not apply to:

(1)     Open fires for the cooking of food.

(2)     Fires for recreational, decorative, or ceremonial purposes.

(3)     Fires to abate a fire hazard, providing hazard is so declared by the CNMI Department of Public Safety.

(4)     Fires for the prevention or control of disease or pests.

(5)     Fires for training personnel in the method of fighting fires.

(6)     Fires for the burning of leaves, grass, weeds, wood, paper, and similar materials on one’s own premises, and provided further that such burning shall not be in violation of other applicable fire control regulations.

 

(b)     Agricultural burning

(1)     No person shall cause or permit agricultural burning unless a permit has been applied for and obtained from the Chief, provided that this permit is valid only if the conditions specified in the permit are complied with, that the permit is not valid on “no burn” days and provided further that no permit shall be granted for the open burning of trash and other wastes that have been handled or processed by factory operations.

(2)     Applications shall be made on forms specified by the Chief and shall be accompanied by two copies of any data required by the Chief.

(3)     Each application shall be signed by the applicant and shall constitute an agreement that the applicant will assume responsibility for the open agricultural burning in accordance with the rules and regulations in this chapter.

(4)     The Chief is authorized to declare “no-burn” days for the purpose of reducing the levels of suspended particulate matter which result from atmospheric and environmental conditions.

(5)     Each permittee shall maintain a record of conditions existing at the time of each burn to include the location and identification of burn area, size of area, date and time of day, prevailing wind direction and speed, rainfall in preceding 24 hours, type of materials burned, and any other pertinent data as required by the Chief.

(6)     The Chief shall act on an application within a reasonable period of time, but not to exceed 30 calendar days from the date a complete application is received and shall notify the applicant in writing of its approval or denial of the application. If the Chief has not acted within the 30 calendar day period, the application shall be deemed to have been approved, provided that the Chief may request additional information from the applicant and the 30 calendar day period shall commence on the day the supplementary information is received.

(7)     The permit may be granted for a period of up to one year from the date of approval.

(8)     The Chief may, on his own motion or the application of any person, modify, suspend, or revoke a permit if, after affording the applicant a hearing, he determines that, any condition of the permit has been violated, or the maintenance or attainment of a national air quality standard will be interfered with, or that such is in the public interest.

(9)     The permit shall not be transferrable, whether by operation of law or otherwise or from one person to another.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment:  The Commission inserted a comma after the word “paper” in subsection (a)(6) pursuant to 1 CMC § 3806(g).

 

§ 65-10-405         Control of Visible Emissions

 

(a)     Existing stationary sources

(1)     No person shall cause or permit the emission of visible air pollutants from an existing stationary source of a shade or density equal to or darker than that designated as no. 2 on the Ringelmann Chart or 40 percent opacity, except as provided in subsection (a)(2).

(2)     A person may discharge into the atmosphere from any single source of emission, for a period or periods aggregating not more than 3 minutes in any 60 minutes, air pollutants of a shade or density not darker than no. 3 on the Ringelmann Chart or 60 percent opacity.

(b)     New stationary sources

(1)     No person shall cause or permit the emission of visible air pollutants from a new stationary source of a shade or density equal to or darker than that designated as no. 1 on the Ringelmann Chart or 20 percent opacity, except as provided in subsection (b)(2).

(2)     A person may discharge into the atmosphere from any single source of emission, for a period or periods aggregating not more than 3 minutes in any 60 minutes, air pollutants of a shade or density not darker than no. 3 on the Ringelmann Chart or 60 percent opacity.

 

(c)     The provisions of this section shall not apply to any emission which, except for the presence of uncombined water, such as condensed water vapor, would not be in violation of such provisions.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments amended subsection (b)(1) and readopted and republished this section in its entirety.

 

§ 65-10-410         Control of Emissions from Motor Vehicles

 

(a)     No gasoline-powered motor vehicle shall be operated which emits visible smoke while moving upon streets, roads, and highways.

 

(b)     No diesel-powered motor vehicle shall be operated which emits visible smoke for a period of more than five consecutive seconds while upon streets, roads, and highways.

 

(c)     No person shall cause, suffer or allow to keep any engine in operation while the motor vehicle is stationary at a loading zone, parking or servicing area, route terminal, or other off-street areas, except:

(1)     During the adjustment or repair of such engine at a garage or similar place of repair.

(2)     During operation of ready-mix trucks, cranes, hoists, and certain bulk carriers or other auxiliary equipment built onto the vehicle or equipment that require power take-off from the engine, provided that there is not visible discharge or smoke and the equipment is being used and operated for the purposes as originally designed and intended. This exception does not apply to operations of air conditioning equipment or systems.

 

(d)     If, in the professional opinion of the Chief, fugitive emissions from motor vehicles at a garage or similar place of repair cause a nuisance or pose a threat to the health of persons in the vicinity of the said establishment then the Chief may require the owner and/or operator of the said establishment to provide mitigation of the fugitive emissions to an acceptable mitigation* is not achieved in a timely manner, then the said establishment shall be considered in violation of the regulations in this chapter.

 

*So in original.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments added new subsection (d). The Commission inserted a comma after the word “terminal” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 65-10-415         Control of Fugitive Dust and Other Particulate Matter

 

(a)     No person shall cause or permit any materials to be handled, transported, or stored, or a building or its appurtenances, or a road to be constructed, altered, repaired, or demolished without taking reasonable precautions as determined and approved by the Chief, to prevent particulate matter from becoming airborne.

 

(b)     No person shall cause or permit the discharge of visible emissions of fugitive dust beyond the lot line of the property on which the emissions originate.

 

(c)     No person shall cause or permit the discharge of any vapors, odors, or other emissions which are noxious to persons, interfere with sleep, upset appetite, produce irritation of the upper respiratory tract, create symptoms of nausea, or which are or may be detrimental or dangerous to health.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments added new subsection (c). The Commission inserted commas after the words “transported” and “repaired” in subsection (a) and “odors” and “nausea” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 65-10-420         Control of Incineration

 

(a)     No person shall cause or permit the emission from any incinerator of particulate matter to exceed 0.20 pounds per 100 pounds of refuse charged.

 

(b)     Emission tests shall be conducted at maximum burning capacity of the incinerator.

 

(c)     The burning capacity of an incinerator shall be the manufacturer’s or designer’s guaranteed maximum rate or such other rate as may be determined by the Chief in accordance with good engineering practices. In cases of conflict, the determination made by the Chief shall govern.

 

(d)     For the purposes of this regulation, the total of the capacities of all furnaces within one system shall be considered the incinerator’s capacity.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-425         Control of Process Industries

(a)     No person shall cause or permit the emission of particulate matter in any one hour from any source in excess of the amount shown in table 400-1 for the process weight rate allocated to such source.

 

(b)     Process weight per hour is the total weight of all materials introduced into any specific process that may cause any emission of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a typical period of time by the number of hours of such period.

 

(c)     Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this regulation, the interpretation that results in the minimum value for allowable emission shall apply.

 

(d)     For purposes of this regulation, a process is any method, reaction, or operation whereby materials introduced into the process undergo physical or chemical change. A specific process, independent or production unit, is one which includes all of the equipment and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several specific processes in series necessary to the manufacture of a product. However, where there are parallel series of specific processes, the similar parallel specific processes shall be considered as a specific process for emission regulation.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

TABLE 400-1

PROCESS WEIGHT RATE

Process Weight Rate

Rate of Emission

(lb./hr.)

(lb./hr.)

100

0.551

200

0.877

400

1.40

600

1.83

800

2.22

1,000

2.58

1,500

3.38

2,000

4.10

2,500

4.76

3,000

5.38

3,500

5.96

4,000

6.52

5,000

7.58

6,000

8.56

7,000

9.49

8,000

10.4

9,000

11.2

12,000

13.6

16,000

16.5

18,000

17.9

20,000

19.2

30,000

25.2

40,000

30.5

50,000

35.4

60,000 or more

40.0

 

Interpolation of the data in this table for process weight rates up to 60,000 lb./hr. shall be accomplished by use of the equation:

 

E = 4.10(p0.07)

 

where E = rate of emission in lb./hr. and p = process weight rate in tons/year.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-430         Control of Sulfur Oxides from Fuel Combustion

 

(a)     No person shall burn, sell, or make available for sale for burning within the CNMI, any fuel containing in excess of 3.5 percent sulfur by weight except for fuel used in ocean-going vessels.

 

(b)     The sale and use of fuels prohibited by subsection (a) above may be allowed when the Chief has determined that the use of such fuels will not violate the ambient air quality standards or increments for oxides of sulfur.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-435         Variances to Prohibition of Air Pollution

 

(a)     Every application for a variance shall be made on forms furnished by the Chief and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards, and such other information as the Chief may prescribe.

 

(b)     Each application for a variance shall be reviewed in light of the descriptions, statements, plans, histories, and other supporting information submitted with the application, such additional information as may be submitted upon the request of the Chief, and the effect or probable effect upon the air quality standards established by the rules and regulations in this chapter.

 

(c)     Whenever an application for a variance is approved, the Chief shall issue a variance authorizing the emission in excess of applicable standards. Approval of a variance shall be made only after a public hearing is held by the Chief on the island where the source is to be situated. No variance shall be granted unless the application and the supporting information clearly show that:

(1)     The continuation of the function or operation involved in the emissions by the granting of the variance is in the public interest; and

(2)     The emission occurring or proposed to occur does not substantially endanger human health or safety; and

(3)     Compliance with the rules, regulations, or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public.

 

(d)     Any variance or renewal thereof shall be granted with the requirements of this section and for time periods and other conditions consistent with the reasons therefore, and within the following limitation:

(1)     If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, control, or abatement of the emission involved, it shall be only until the necessary means for prevention, control, or abatement becomes practicable and subject to the taking of any substitute or alternate measures that the Chief may prescribe. No renewal of variance granted under this subsection shall be allowed without a thorough review of known and available means of preventing, controlling, or abating the emission involved.

(2)     The Chief issues a variance for a period not exceeding one year.

(3)     Every variance granted under this section shall include conditions requiring the owner or operator to guarantee to perform air sampling and report the results to the Chief.

 

(e)     Any variance granted pursuant to this section may be renewed from time to time on terms and conditions and for periods not exceeding ten years which would be appropriate on initial granting of a variance; provided that the applicant for renewal has met all of the conditions specified in the immediately preceding variance; and provided, further that the renewal, and the variance issued pursuant thereto, shall provide for emission not greater than that attained pursuant to the terms of the immediately preceding variance at its expiration. No renewal shall be granted except on application therefor. Any such application shall be made at least 60 days prior to the expiration of the variance.

 

(f)      No variance shall be granted unless the Chief finds that public health, welfare, and safety will not be endangered thereby and that the attainment or maintenance of a national ambient air quality standard or increment will not be prevented or interfered with.

(g)     No variance granted pursuant to this part shall be construed to prevent or limit the application of any emergency provisions and procedures provided by law.

 

(h)     Variances are SIP revisions and must be approved in advance by the EPA Administrator after approval by the Chief.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The Commission inserted a comma after the word “control” in subsection (d)(1) pursuant to 1 CMC § 3806(g). In subsection (e), the Commission corrected the spelling of “preceding.” The Commission inserted a comma after the word “welfare” in subsection (f) pursuant to 1 CMC § 3806(g).

 

Part 500 -  Fees

 

§ 65-10-501         Payment in Full

 

The Chief shall not initiate any action authorized by the rules and regulations in this chapter which requires a fee prior to receipt of full payment of such fee.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-505         Required Fees

 

(a)     Fees shall be as determined by the Chief in accordance with individual cost accounting principles. In no case shall the Chief charge and collect a fee less than $25.00 unless otherwise stated. Any CNMI or federal government agency shall be exempt from paying any fee prescribed herein.

 

(b)     Fees shall be required for the following:

(1)     Filing fee for each application for a permit to construct and operate;

(2)     Where an application is filed for a permit to construct and operate any new source by reason of an alteration or addition and where a permit to construct and operate has been granted.

(3)     Where an application is filed for permit to construct and operate by reason of a transfer from one person to another, and no alteration, addition, or transfer of location has been made.

(4)     Where an application is filed for a permit to construct and operate by reason of transfer from one location to another permanent location, and no alteration, addition, or transfer of person has been made.

(5)     Where a request for a duplicate permit to construct and operate is received by the Chief within 10 days after the destruction, loss or defacement of the permit. Such fee shall be $5.00.

(6)     Registration for each type of existing or new source or modification.

(7)     Variances.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: In subsection (b)(7), the Commission inserted the final period.

 

On September 22, 2014, the Division of Environmental Quality issued the following Rule on Diesel Emission Certification Fees:

 

To ensure compliance with the CNMI Air Pollution Control Regulations, the Bureau of Environmental and Coastal Quality, Division of Environmental Quality (“DEQ”) requires diesel-powered vehicles to be certified by DEQ to meet the air quality standards. NMIAC § 65-10-410(b). In accordance with § 65-10-505, BECQ hereby requires a fee of $20 per vehicle certification, payable prior to issuance of the vehicle certificate, effective as specified below.

 

Pursuant to the APA, 1 CMC § 9105(b) and applicable regulations, this adopted Rule is effective 10 days after compliance with 1 CMC §§ 9102, 9105 and publication in the Commonwealth Register.

 

/s/

David B. Rosario

 

36 Com. Reg. 35472 (Sept. 28, 2014).

 

Part 600 -  Public Participation

 

§ 65-10-601         Availability of Information

 

Prior to approval of an application to construct and operate for a major siting, the Chief shall make available on the island which is the site of the proposed source or modification, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in the preliminary determination.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-605         Public Notice

 

(a)     The Chief shall notify the public of a major siting by advertisement in a newspaper of general circulation on the island in which the proposed source would be constructed or modified, of the application, the preliminary determination, the degree of increment consumption, that is expected from the source or modification, and of the opportunity for comment at a public hearing as well as written public comment during a minimum period of 30 days.

 

(b)     The Chief shall send the notice of public comment to the applicant and to officials and agencies having cognizance over the location where the proposed action would occur.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments amended subsections (a) and (b).

 

§ 65-10-610         Public Hearing

 

The Chief shall provide an opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, the control technology required, and other appropriate considerations.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-615         Availability of Results

 

The Chief shall make all comments and the notice of final determination available for public inspection in the same location where preconstruction information was made available.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

§ 65-10-620         Other Requirements

 

(a)     The Chief shall notify the public on a regular basis of instances or areas in which any primary standard was exceeded during any portion of the preceding calendar year.

 

(b)     The Chief shall advise the public of any health hazard associated with such an exceedance of a primary standard.

 

(c)     The Chief shall increase the public awareness of measures which can be taken to prevent a primary standard from being exceeded, and ways in which the public can participate in regulatory and other efforts to improve air quality.

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment: The 1987 amendments deleted former section X(E), entitled “Exemption,” and renumbered the remaining sections in this part accordingly. See 6 Com. Reg. at 2861 (June 15, 1984).

 

Part 700 -  Enforcement

 

§ 65-10-701         Administrative Order

 

The Chief of the Division, shall have the power to issue any necessary order to enforce the regulations in this chapter and any term of a permit granted pursuant to these regulations. Such order may require that any person violating such provision or term cease and desist from such violation immediately or within a stated period of time, and may require that such person take such mitigating measures as may be necessary to reverse or reduce any significant adverse effect of such violation. Such order may apply to any person in addition to the violator when necessary to protect the public health or welfare.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986).

 

§ 65-10-705         Injunctive Relief

 

At the request of the department, the Attorney General shall institute a civil action in the Commonwealth Trial Court for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of the regulations in this chapter order issued under these regulations, or any term of a permit granted pursuant to these regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986).

 

Commission Comment: The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

§ 65-10-710         Penalties and Damages

 

(a)     Penalties and damages. Any person who fails to comply with any provision of the regulations in this chapter or any order issued under these regulations or any term of a permit granted pursuant to these regulations after notice of the failure and the expiration of any reasonable period allowed for corrective action shall be liable for a civil penalty of not more than $1,000 for each day of the continuance of such failure.

 

(b)     A person shall be 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 significant adverse effect of the failure when the person is unwilling or unable to do so.

 

(c)     If appropriate, any permit granted to a person pursuant to the regulations in this chapter may be revoked, suspended, or modified. The Director may assess, collect, compromise any penalty.

 

(d)     Any person who knowingly and willfully -

(1)     Violates any provision of the regulations in this chapter or any order issued under these regulations, or any term of a permit granted pursuant to these regulations;

(2)     Makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under these regulations; or

(3)     Falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under these regulations, shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than one year, or both. Each day that a violation under subsection (d)(1) continues, or each day that any device or method of record remains inaccurate or inoperative because of any activity described in subsection (d)(3) of this section, shall constitute a separate violation.

 

(e)     Whenever a corporation or other entity is subject to prosecution under subsection (d) of this section, any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the prescribed activity shall be subject to the same fines or imprisonment, or both, as provided for under such subsection.

 

(f)      The remedies and penalties prescribed in this action shall be concurrent and cumulative, and the exercise of one shall not preclude the exercise of the others, and such remedies and penalties shall be in addition to any other remedy or penalty afforded by any other law or regulation.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986).

 

Commission Comment: In subsection (a), the Commission inserted a period after “damages” and capitalized “any” to correct a manifest error.

 

§ 65-10-715         Hearings and Appeals

 

(a)     No penalty shall be assessed pursuant to § 65-10-710 of these regulations until the person charged with violation has been given an opportunity for a hearing before the Chief or a person designated by the Chief for that purpose; provided, however, that in emergencies the Chief may summarily suspend a permit pending proceedings under this subsection.

 

(b)     Appeals from and judicial review of any adverse administrative action or decision under this Act shall be conducted as otherwise provided by law.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986).

 

Commission Comment: In subsection (a), the cross-reference to section XXIII(C) was in error. The Commission changed the citation to former section XI(C), codified at § 65-10-710.

 

§ 65-10-720         Right of Entry

 

(a)     As a condition for the issuance and continuation of any permit granted under the regulations in this chapter, the holder of a permit shall allow prompt access to the premises covered by the permit to the Chief or his authorized representative for the purpose, of inspecting the premises for compliance with the terms of the permit. The inspection may be made with or without advance notice to the permit holder, with good purpose, at the discretion of the Chief, but shall be made at reasonable times unless an emergency dictates otherwise.

 

(b)     The Chief or his authorized representative may, with the consent of the owner or occupant, enter upon any property for the purpose of carrying out his duties under this Act.

 

(c)     If the Chief has probable cause to believe a violation of the regulations in this chapter or any order issued under these regulations, or any term of a permit granted that these regulations has occurred or is imminent, or if it is necessary to permit the Chief to perform his duties under this Act, the Chief shall apply to the Commonwealth Trial Court or the District Court for the Northern Mariana Islands for an order or warrant to enter upon and search any property, take necessary samples or readings therefrom, seize evidence found therein and examine or impound any book or record found therein or specified in such order or warrant.

 

(d)     The Chief or his authorized representative may enter upon any property for the purpose set forth in subsection (c) of this section without an order or warrant if he has probable cause to believe;

(1)     That a violation described in the subsection has occurred or is imminent;

(2)     That the violation poses a serious, substantial, and immediate threat to the public health or welfare; and

(3)     That the delay in obtaining a court order or warrant would prolong or increase the threat, or would prevent, hinder, or delay the discovery of evidence of the violation or the taking of any necessary mitigating or remedial measure.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986).

 

Commission Comment: The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

Part 800 -  Miscellaneous Provisions

 

§ 65-10-801         Severability

 

Should any section, paragraph, sentence, clause, phrase, or application of the rules and regulations in this chapter be declared unconstitutional or invalid for any reason by competent authority, the remainder or any other application of these rules and regulations shall not be affected thereby.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 

Commission Comment:  The Commission inserted a comma after the word “phrase” pursuant to 1 CMC § 3806(g).

 

§ 65-10-805         Effective Date

 

The effective date shall be immediately upon adoption of the regulations in this chapter by the Division of Environmental Quality; provided that, for the date by which modification to existing sources shall have occurred not later than 18 months from the adoption date of these regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 9 Com. Reg. 4861 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4229 (Apr. 18, 1986); Adopted 6 Com. Reg. 2987 (July 16, 1984); Proposed 6 Com. Reg. 2833 (June 15, 1984).

 


CHAPTER 65-20

DRINKING WATER REGULATIONS

 


Part 001     General Provisions

§ 65-20-001         Authority

§ 65-20-005         Purpose

§ 65-20-010         Definitions

§ 65-20-015         Severability

§ 65-20-020         Supersedure

 

Part 100     CNMI Public Water System Regulations

Subpart A   General Provisions

§ 65-20-101         Right of Entry

§ 65-20-102         Drinking Water Quality Control and Prohibition of Uncontrolled Cross Connections

§ 65-20-104         Certified Laboratories

§ 65-20-106         Monitoring Requirements and Performance Testing

Subpart B    Design, Construction, and Operation of Public Water Systems

§ 65-20-108         Design and Construction Requirements

§ 65-20-110         Design and Construction Standards

§ 65-20-112         Design Review Process

§ 65-20-114         Drinking Water Materials and Additives

§ 65-20-116         Operational Requirements

§ 65-20-118         Sanitary Surveys

Subpart C    Certification of Public Water System Operators

§ 65-20-120         General Provisions

§ 65-20-122         Certification Requirements

§ 65-20-124         Classification of Public Water System

Subpart D   Bottled Water Companies

§ 65-20-126         Basis for Regulation

§ 65-20-128         Requirements of Bottled Water Companies

Subpart E    Rainwater Catchment Systems

§ 65-20-130         Basis for Regulation

§ 65-20-132         Requirements of Rainwater Catchment Systems

Subpart F    Disinfection of Groundwater and Rainwater

§ 65-20-134         Basis for Regulation

§ 65-20-136         Requirements for the Disinfection of Groundwater and Rainwater Sources

Subpart G   Drinking Water Emergencies and Tampering with Public Water Systems

§ 65-20-138         Supply of Drinking Water During Emergencies

§ 65-20-140         Emergency Disinfection of Drinking Water

§ 65-20-142         Emergency Powers of the Director

§ 65-20-144         Tampering with Public Water Systems

§ 65-20-146         Emergency Response Plan for Systems Serving 3,300 or More People

Subpart H   Enforcement of Regulations and Penalties for Violations

§ 65-20-148         Enforcement of Regulations

§ 65-20-150         Penalties for Violation of Regulations

 

Part 200     CNMI National Primary Drinking Water Regulations

Subpart A   General

§ 65-20-201         Referenced Version of 40 CFR § 141 and Applicability (§§ 2141.0 -2141.1)

§ 65-20-202         Definitions (§ 2141.2)  

§ 65-20-204         Coverage (§ 2141.3)

§ 65-20-206         [Reserved] (§ 2141.4)

§ 65-20-208         Siting requirements (§ 2141.5)

§ 65-20-210         Effective dates (§ 2141.6)

Subpart B    Maximum Contaminant Levels

§ 65-20-212         Maximum Contaminant Levels (§ 2141.11 - § 2141.16)

Subpart C    Monitoring and Analytical Requirements

§ 65-20-214         Monitoring and Analytical Requirements (§ 2141.21 - § 2141.30)

Subpart D   Reporting and Record Keeping

§ 65-20-216         Reporting and Record Keeping (§ 2141.31 - § 2141.35)

Subpart E    Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use

§ 65-20-218         Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use (§ 2141.40 - § 2141.43)

Subpart F    Maximum Contaminant Level Goals and Maximum Residual Disinfectant Level Goals

§ 65-20-220         Maximum Contaminant Level Goals and Maximum Residual Disinfectant Level Goals (§ 2141.50 - § 2141.55)

Subpart G   National Revised Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels

§ 65-20-222         National Revised Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels (§ 2141.60 - § 2141.66)

Subpart H   Filtration and Disinfection

§ 65-20-224         Filtration and Disinfection (§ 2141.70 - § 2141.76)

Subpart I     Control of Lead and Copper

§ 65-20-226         Control of Lead and Copper (§ 2141.80 - § 2141.91)

Subpart J     Use of Non-centralized Treatment Devices

§ 65-20-228         Use of Non-centralized Treatment Devices (§ 2141.100 - § 2141.101)

Subpart K   Treatment Techniques

§ 65-20-230         Treatment Techniques (§ 2141.110 - § 2141.111)

Subpart L    Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors

§ 65-20-232         Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors (§ 2141.130 - § 2141.135)

Subpart M   [Reserved.]

Subpart N   [Reserved.]

Subpart O   Consumer Confidence Reports

§ 65-20-238         Consumer Confidence Reports (§ 2141.151 - § 2141.155)

Subpart P    Enhanced Filtration and Disinfection; Systems Serving 10,000 or More People

§ 65-20-240         Enhanced Filtration and Disinfection; Systems Serving 10,000 or More People (§ 2141.170 - § 2141.175)

Subpart Q   Public Notification of Drinking Water Violations

§ 65-20-242         Public Notification of Drinking Water Violations (§ 2141.201 - § 2141.211)

Subpart R    [Reserved.]

Subpart S    Ground Water Rule

§ 65-20-246         Ground Water Rule (§ 2141.400 - § 2141.405)

Subpart T    Enhanced Filtration and Disinfection Systems Serving Fewer Than 10,000 People

§ 65-20-248         Enhanced Filtration and Disinfection Systems Serving Fewer Than 10,000 People (§ 2141.500 - § 2141.570)

Subpart U   Initial Distribution System Evaluations

§ 65-20-250         Initial Distribution System Evaluations (§ 2141.600 - § 2141.605)

Subpart V – Stage 2 Disinfection Byproducts Requirements

§ 65-20-252         Stage 2 Disinfection Byproducts Requirements (§ 2141.620 - § 2141.629)

Subpart W   Enhanced Treatment for Cryptosporidium

§ 65-20-254         Enhanced Treatment for Cryptosporidium (§ 2141.700 - § 2141.721)

Subpart X   Revised Total Coliform Rule

§ 65-20-256 Revised Total Coliform Rule (§ 2141.851 - § 2141.861)

 

Part 300     CNMI National Secondary Drinking Water Regulations

Subpart A   National Secondary Drinking Water Regulations

§ 65-20-301         Referenced Version of 40 CFR § 143 and Purpose (§ 3141.0 - § 3141.1)

§ 65-20-305         Definitions (§ 3141.2)

§ 65-20-310         Secondary Maximum Contaminant Levels (§ 3141.3)

§ 65-20-315         Monitoring (§ 3141.4)

Appendix A         National Primary Drinking Water Regulations 40 CFR § 141 July 1, 2007 and October 10, 2007

Appendix B          National Secondary Drinking Water Regulations 40 CFR § 143 July 1, 2007

Appendix C          U.S.E.P.A. Fact Sheets on the Four Federal Drinking Water Rules

Appendix D         Excerpts from the Federal Register dated October 10, 2007


 

Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135.

 

Chapter History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015); Amdts Adopted 30 Com .Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005) (superseding all previous DEQ Drinking Water Regulations); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005); Amdts Adopted 24 Com. Reg. 19005 (Jan. 29, 2002); Amdts Proposed 23 Com. Reg. 18642 (Nov. 23, 2001); Amdts Adopted 17 Com. Reg. 13823 (Nov. 15, 1995); Amdts Proposed 17 Com. Reg. 13678 (Sept. 15, 1995); Amdts Adopted 16 Com. Reg. 12445 (Sept. 15, 1994); Amdts Proposed 16 Com. Reg. 12141 (July 15, 1994); Amdts Adopted 16 Com. Reg. 12242 (July 15, 1994); Amdts Proposed 16 Com. Reg. 11996 (June 15, 1994); Amdts Adopted 15 Com. Reg. 10807 (Aug. 15, 1993); Amdts Proposed 15 Com. Reg. 10689 (June 15, 1993); Amdts Adopted 14 Com. Reg. 10212 (Dec. 15, 1992); Amdts Proposed 14 Com. Reg. 9875 (Oct. 15, 1992); Amdts Adopted 13 Com. Reg. 8340 (Nov. 15, 1991); Amdts Proposed 13 Com. Reg. 7986 (Sept. 15, 1991); Amdts Adopted 11 Com. Reg. 6111 (Mar. 15, 1989); Amdts Proposed 11 Com. Reg. 5850 (Feb. 15, 1989); Adopted 4 Com. Reg. 1576 (Aug. 15, 1982); Proposed 4 Com. Reg. 1536 (July 15, 1982).

 

Commission Comment: PL 3-23 (effective Oct. 8, 1982), the “Commonwealth Environmental Protection Act,” codified as amended at 1 CMC §§ 2646-2649 and 2 CMC §§ 3101-3135, created the Division of Environmental Quality (DEQ) within the Department of Public Health and Environmental Services. See 1 CMC § 2646. The act authorized the Chief (now the Director) of the Division to administer, implement and enforce specific powers and duties relating to environmental protection and to develop rules and regulations to implement PL 3-23 and other laws administered by the Division. See 1 CMC §§ 2647 and 2648. PL 3-23 § 7, 2 CMC § 3121, granted the Director of the Department of Public Health and Environmental Services the exclusive power to issue regulations pursuant to the act.

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(d):

 

Section 304. Department of Public Works.

 

 

 (d)   Environmental Quality. The Division of Environmental Quality is transferred from the Department of Public Health to the Department of Public Works. To the maximum extent practicable, the Secretary of Public Works shall integrate land-based earth moving permits into the building permit process.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-108 (effective Dec. 3, 1999) repealed Executive Order 94-3 § 304(d) in its entirety. See PL 11-108 § 2. PL 11-108 “reclassified [the Division of Environmental Quality] as an independent regulatory agency, acting from within the office of the Governor” and placed all administrative duties and authority with regards to DEQ with the Governor or his designee. PL 11-108 §§ 1 and 3, codified at 1 CMC § 2650.

 

In July 2005, DEQ readopted and republished the Drinking Water Regulations in their entirety with numerous structural changes and amendments. The 2005 Drinking Water Regulations are codified in this chapter. Previous history is cited in limited sections where applicable.

 

Executive Order No. 2013-24, promulgated at 35 Com. Reg. 34596 (Nov. 28, 2013), established a new Bureau of Environmental and Coastal Quality. This Order reorganized the Division of Environmental Quality as a division of the Bureau of Environmental and Coastal Quality, and provided that “all rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Executive Order shall continue to be effective until revised, amended, repealed or terminated.”

 

The December 2015 amendments changed the reference dates from the 2007 version of the Code of Federal Regulations on water rights to the 2014 version, and adopted the Federal Revised Total Coliform Rule.

 

Part 001 -  General Provisions

 

§ 65-20-001         Authority

 

The regulations in this chapter have been promulgated by the Commonwealth Division of Environmental Quality in accordance with 1 CMC §§ 2646 to 2649, Public Law 11-108 [1 CMC § 2650], and the Commonwealth Environmental Protection Act, PL 3-23, 2 CMC §§ 3101, et seq. (as amended by PL 11-103). The regulations, technical provisions, and specifications to be adopted by the Division from time to time, shall have the full force and effect of law and shall be binding on all persons and other legal entities subject to the jurisdiction of the Commonwealth of the Northern Mariana Islands. The Division shall apply these regulations and standards to all public water systems in the Commonwealth.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005); Amdts Adopted 14 Com. Reg. 10212 (Dec. 15, 1992); Amdts Proposed 14 Com. Reg. 9875 (Oct. 15, 1992); Amdts Adopted 13 Com. Reg. 8340 (Nov. 15, 1991); Amdts Proposed 13 Com. Reg. 7986 (Sept. 15, 1991); Adopted 4 Com. Reg. 1576 (Aug. 15, 1982); Proposed 4 Com. Reg. 1536 (July 15, 1982).

 

Commission Comment: In July 2005, DEQ readopted and republished the Drinking Water Regulations in their entirety with numerous structural changes and amendments. The 2005 Drinking Water Regulations are codified in this chapter. Previous history is cited in limited sections where applicable.

 

§ 65-20-005         Purpose

 

The purpose of the regulations, technical provisions, and specifications in this chapter is to establish certain minimum standards and requirements, as determined by the Division, that are necessary to protect public health and safety, and to ensure that public water systems are protected from contamination and provide water that is safe for human consumption.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005); Amdts Adopted 14 Com. Reg. 10212 (Dec. 15, 1992); Amdts Proposed 14 Com. Reg. 9875 (Oct. 15, 1992); Amdts Adopted 13 Com. Reg. 8340 (Nov. 15, 1991); Amdts Proposed 13 Com. Reg. 7986 (Sept. 15, 1991); Adopted 4 Com. Reg. 1576 (Aug. 15, 1982); Proposed 4 Com. Reg. 1536 (July 15, 1982).

 

Commission Comment:  The Commission inserted a comma after the word “provisions” pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of “ensure” pursuant to 1 CMC § 3806(g).

 

§ 65-20-010         Definitions

 

In addition to the definitions provided at § 65-20-202 and § 65-20-305 of this chapter, the words and terms listed below have the following definitions.

 

(a)     “Act,” for the purpose of part 001 and part 100 of this chapter only, means the Commonwealth Environmental Protection Act, 2 CMC §§ 3101 to 3134 (Public Law 3-23).

 

(b)     “Administrator” means the Administrator of the U.S. Environmental Protection Agency.

 

(c)     “Agency” means the U.S. Environmental Protection Agency, unless otherwise specified.

 

(d)     “Available,” as used in part 100, subpart C, means that based on system size, complexity, and source water quality, a certified operator must be on site or able to be contacted as needed to initiate the appropriate action in a timely manner.

 

(e)     “Backflow” means the flow of water or other liquids, mixtures, or substances into a public water supply from any source or sources other than its intended source. Back-siphonage resulting from negative pressure in the distribution system is one type of backflow.

 

(f)      “Bottled water company” means a business that produces drinking water in bulk or bottles for retail or wholesale sale to the public. For the purposes of the regulations in this chapter, bottled water companies are public water systems.

 

(g)     “Certified operator” means an individual who has passed an examination that tests their knowledge, skills, ability, and judgment as a water operator for a particular classification level of water treatment facility or water distribution system, and has been issued a certificate pursuant to part 100, subpart C of this chapter.

 

(h)     “Commonwealth” means the Commonwealth of the Northern Mariana Islands (CNMI).

 

(i)      “Commonwealth Drinking Water Regulations” means the regulations codified in this chapter in their totality (parts 001, 100, 200 and 300) and all regulations that are adopted by reference, herein.

 

(j)      “Cross connection” means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any used water, industrial fluid, gas or other substance not meeting the Drinking Water Quality Standards of the regulations in this chapter. By-pass arrangements, jumper connections, removable sections, swivel or change over devices and other temporary or permanent devices through which “backflow” can or may occur are considered to be cross connections. A submerged inlet from a public water system into a water storage tank that may also store water from an untreated source, such as a rain water catchment, is another example of a cross connection.

 

(k)     “Director” means the Director of the Division of Environmental Quality or duly authorized representative.

 

(l)      “Distribution system” means any combination of pipes, tanks, tanker trucks, pumps, bottled water, etc. which delivers water from the source(s) and/or treatment facility(ies) to the consumer.

 

(m)    “Division” means the Commonwealth Division of Environmental Quality.

 

(n)     “Drinking water quality standards” or standards means those primary or secondary drinking water regulations as promulgated by either the Commonwealth Division of Environmental Quality or the U.S. Environmental Protection Agency.

 

(o)     “Human consumption” means using water for any of the following purposes: drinking, bathing or showering, hand washing, food preparation, cooking, dishwashing, or oral hygiene.

 

(p)     “Maximum contaminant level” means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

 

(q)     “Operating shift” means that period of time during which operator decisions that affect public health are necessary for proper operation of the system.

 

(r)      “Person” means an individual, corporation, company, association, partnership, municipality, or an agency of the Commonwealth or federal government.

 

(s)      “Potable” water means water that is of a quality that meets the requirements of the regulations in this chapter.

 

(t)      “Primacy agency” means the agency of the Commonwealth that has been delegated the national drinking water program by the U.S. Environmental Protection Agency. The primacy agency in the Commonwealth is the Division of Environmental Quality within the Office of the Governor.

 

(u)     “Public water system” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; or any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

 

(v)     “Rainwater catchment” means a structure for the collection of rainwater. Rainwater catchment systems may be subject to surface water runoff, as in the case of ground-level reservoirs that collect rainwater that has traveled over the surface of the land, or may not be subject to surface water runoff, as in the case of rainwater roof catchments. A rainwater catchment may be a public water system or a part of a public water system if the water system meets the definition of public water system at subsection (s) above.*

 

*So in original. The definition actually appears at subsection (u).

 

(w)    “Responsible charge” - The operator(s) in responsible charge is defined as the person(s) designated by the owner to be the certified operator(s) who makes decisions regarding the daily operational activities of a public water system, water treatment facility, and/or distribution system that will directly impact the quality and/or quantity of drinking water.

 

(x)     “Sample point” means the location from which a water sample is collected. Such locations include source waters, between or after individual treatment process, storage tanks, entry points to the distribution system, or any location within a distribution system. Each sample point is designated by a unique identification number and a descriptive location name.

 

(y)     “Significant deficiency” means any situation, practice, or condition in a public water system with respect to design, operation, maintenance, or administration, that the Division determines may result in or have the potential to result in production of finished drinking water that poses an unacceptable risk to the health or welfare of the public served by the water system.

 

(z)     “Tamper” means to introduce a contaminant into a public water system or into drinking water, or to otherwise interfere with drinking water or the operation of a public water system, with the intention of harming persons, water system facilities or water system operations. It does not include the standardized accepted treatment procedures performed by a supplier of water in preparing water for human consumption.

 

(aa)    “Treatment facility” means any place(s) where a public water system alters the physical or chemical characteristics of the drinking water. Chlorination is considered as a function of the distribution system.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: In subsection (a), the Commission moved the comma after “Act” inside of the closing quotation mark. The Commission inserted commas after the words “storage” in subsection (u) and “facility” in subsection (w) pursuant to 1 CMC § 3806(g).

 

§ 65-20-015         Severability

 

Should any part, section, paragraph, sentence, clause, phrase, or application of the rules and regulations in this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder or any other application of these rules and regulations shall not be affected in any way thereby, and shall remain in full force and effect.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: For consistency in the NMIAC, the Commission moved this section from the end of part 100.

 

§ 65-20-020         Supersedure

 

The rules and regulations in this chapter supersede all CNMI Division of Environmental Quality Drinking Water Regulations in effect prior to the effective date of these rules and regulations.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The Commission deleted the repeated word “all.”

 

For consistency in the NMIAC, the Commission moved this section from the end of part 100.

 

Part 100 -  CNMI Public Water System Regulations

 

Subpart A -        General Provisions

 

§ 65-20-101         Right of Entry

 

(a)     As a condition for the issuance or continuation of any permit, certification, approval, or authorization granted under the regulations in this chapter, authorized representatives of the Division may enter and inspect, at any reasonable time unless an emergency dictates otherwise, any establishment, facility, or any other property or premises under the control of a public water system.

 

(b)     Such inspection may include inspection of records, files, papers, processes, controls and facilities, and testing of any feature of a public water system, including its raw water source.

 

(c)     As a condition for the issuance or continuation of any permit, certification, approval, or authorization granted under the regulations in this chapter, authorized representatives of the Division may collect water samples, as there is an inherent threat that the delay in obtaining a court order or warrant would prolong or increase the threat, or would prevent, hinder, or delay the discovery of evidence of a violation or the taking of any necessary mitigating or remedial measures. Any sample collected may be used as evidence in an enforcement action.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-102         Drinking Water Quality Control and Prohibition of Uncontrolled Cross Connections

 

(a)     The Division may mandate that a public water system use a specific water treatment technology in order to comply with the regulations in this chapter or to protect public health.

 

(b)     It is the responsibility of the public water system to assure a quality of water supply that equals or surpasses drinking water quality standards of the Division as set forth in the regulations in this chapter. This includes assurance by the public water system that users do not contaminate the public water supply by the use of faulty plumbing that allows infiltration or backflow of any sort into the drinking water distribution system.

 

(c)     A public water system shall have no uncontrolled cross connections to a pipe, fixture, or supply, any of which contain water or other substances not meeting all applicable provisions of the regulations in this chapter.

 

(d)     Any cross connection existing in a public water system must be equipped with an appropriate backflow prevention device or assembly, as determined by the Division. The type of protection required to prevent backflow into the public water system must be commensurate with the degree of hazard that exists to the water supply.

 

(e)     Backflow prevention devices and assemblies must be maintained in good working condition and periodically tested in accordance with the manufacturer’s recommendations.

 

(f)      A public water system shall notify the Division of any uncontrolled cross connection within five calendar days of its discovery. The cross connection shall be corrected within 10 days of its discovery. Failure to do so may result in an enforcement order.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-104         Certified Laboratories

 

(a)     To perform drinking water analyses for determining compliance with the regulations in this chapter, laboratories must be certified by the Division in accordance with the Division’s Drinking Water Laboratory Certification Plan.

 

(b)     Laboratories certified by the Division to perform drinking water analyses must report analytical results to public water systems in a format (information and layout) that is acceptable to the Division.

 

(c)     The Division shall charge reasonable fees for laboratory analyses performed by its Environmental Surveillance Laboratory. Fees shall be set by the Director and revised as necessary, but not more frequently than semi-annually, to reflect changes in costs, new analysis methods, and the operational expenses of the laboratory. The schedule of laboratory fees will be available to the public upon request.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-106         Monitoring Requirements and Performance Testing

 

(a)     Monitoring Requirements

(1)     The Division may require any public water system to collect water samples and have them analyzed at a certified laboratory in order to evaluate:

(i)      The concentration of suspected or potential contamination that may be the result of anthropogenic or natural sources, including natural disasters such as typhoons and volcanic eruptions;

(ii)     The need to install water treatment equipment so as to comply with existing or future CNMI Drinking Water Regulations, or to protect public health; or

(iii)    The proficiency of existing water treatment equipment, and verification of its effectiveness in removing physical, biological, chemical, or radiological contaminants.

(2)     The Division shall prescribe the collection procedures, frequency of sampling, analytical methods, and reporting for any monitoring requirements not specified elsewhere in this chapter.

(i)      The Division may stipulate a period of time within a compliance period during which samples must be collected. Samples collected by a water system outside of the stipulated time period shall not be used in determining compliance for that compliance period.

(ii)     All samples collected to comply with these Commonwealth Drinking Water Regulations must be collected from a sample point that has been approved by the Division, and must be identified as having come from that sample point.

(iii)    Analytical results must be reported in a format (information and layout) that is acceptable to the Division.

(3)     When multiple sources of water are combined (i.e., mixture of surface water, groundwater under the direct influence of surface water, groundwater, rainwater, or purchased water), the monitoring requirements that are most protective of public health must be performed.

 

(b)     Performance Testing    

(1)     The Division may require public water systems to install, use and maintain instrumentation to monitor, analyze, and record water quality and water quantity data.

(2)     Monitoring equipment must be maintained and calibrated in accordance with the manufacturer’s recommendations. Maintenance and calibration records must be retained on premises and available for inspection by Division personnel.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment:  The Commission inserted a comma after the word “rainwater” in subsection (a)(3) pursuant to 1 CMC § 3806(g).

 

Subpart B -         Design, Construction, and Operation of Public Water Systems

 

§ 65-20-108         Design and Construction Requirements

 

(a)(1) No person shall

(i)      Commence construction of any new public water system,

(ii)     Make improvements to or modify the treatment process of an existing public water system, or

(iii)    Initiate the use of a new source, storage facility, or significant distribution system component (i.e. booster pump station, pressure reducing station) until plans and specifications for such construction, improvements, modification or use have been submitted to, and approved by, the Director.

(2)     The Director shall grant such approval when he finds that the proposed facilities are capable of complying, on a continuous basis, with appropriate design criteria, and with all applicable laws, standards, rules, and regulations.

 

(b)     No public water system may physically split its pumping or distribution facilities in order to avoid the requirements of these Commonwealth Drinking Water Regulations. The Director of the Division shall identify a public water system based on legal ownership and contiguous facilities, regardless of independent hydraulic systems.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original provisions of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2). The Commission inserted a comma after the word “rules” in subsection (a)(2) pursuant to 1 CMC § 3806(g).

 

§ 65-20-110         Design and Construction Standards

 

(a)     Design Standards. Suppliers of water shall ensure that accepted engineering criteria and practices are used in the design and construction of all public water systems, such as those set out in the most recent editions of the following documents, or the edition required by public law.

(1)     Approved Backflow Prevention Assemblies for Service Isolation Department of Health Services, State of California, http://www.dhs.ca.gov

(2)     AWWA Manuals of Water Supply Practices (Ml-M51), American Water Works Association (AWWA), Denver, CO, http://www.awwa.org

(3)     AWWA Standards, American Water Works Association (AWWA), Denver, CO, http://www.awwa.org

(4)     Drinking Water System Components - Health Effects (ANSI/NSF 61), National Sanitation Foundation (NSF) International, Ann Arbor, MI, http://www.nsf.org

(5)     Drinking Water Treatment Chemicals - Health Effects (ANSI/NSF 60), National Sanitation Foundation (NSF) International, Ann Arbor, MI, http://www.nsf.org

(6)     Health Effects from Rainwater Catchment System Components (NSF P151), National Sanitation Foundation (NSF) International, Ann Arbor, MI, http://www.nsf.org

(7)     Recommended Practice for Backflow Prevention and Cross-Connection Control. American Water Works Association (AWWA), Denver, CO

(8)     Recommended Standards for Water Works - Policies for the Review and Approval of Plans and Specifications for Public Water Supplies (10 States Standards), Health Education Services, Albany, NY, http://www.hes.org

(9)     Uniform Plumbing Code (UPC), International Association of Plumbing and Mechanical Officials (IAPMO), Ontario, CA., http://www.iapmo.org.

 

(b)     Prohibition on Use of Lead Pipes, Solders, and Flux. Any pipe, pipe fittings, fixtures, solder, or flux used in the installation or repair of any public water system, or any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system, shall be “lead free” as defined at § 65-20-218(d) of this chapter.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: In subsection (a)(9), the Commission inserted the final period.

 

§ 65-20-112         Design Review Process

 

The design review process consists of four steps: (a) the applicant submits a notice of intent; (b) the Division reviews and takes action on the notice of intent; (c) the applicant prepares final drawings and specifications; (d) the Division reviews and takes action on the final drawings and specifications.

 

(a)     Applicant’s Notice of Intent

(1)     Before a person may enter into a financial commitment for, or initiate construction of, a new public water system, or modification of an existing public water system, that person must submit in writing a notice of intent to the Division. For the purposes of this subpart, modification to an existing water system does not include routine maintenance and service of hydrants and valves, or replacement of equipment, pipe, and appurtenances with equivalent equipment, pipe, and appurtenances. The notice of intent shall contain all of the information required in the Division’s standardized form.

(2)     The siting requirements specified in § 65-20-208 of this chapter must be considered and addressed in the notice of intent.

(3)     For new water systems and for systems that are modifying or installing new treatment technology; the notice of intent must also include a description of the technical, managerial, and financial capacity of the water system to plan, achieve, and maintain compliance with all applicable drinking water quality standards. Technical, managerial, and financial capacity are defined as follows:

(i)      Technical capacity refers to the physical infrastructure of the public water system, including but not limited to the adequacy of the source water, infrastructure (source, treatment, storage, and distributions), and the ability of system personnel to implement the requisite technical knowledge.

(ii)     Managerial capacity refers to the management structure of the public water system, including but not limited to ownership accountability, staffing and organization, and effective linkages to customers and regulatory agencies.

(iii)    Financial capacity refers to the financial resources of the public water system, including but not limited to revenue sufficiency, credit worthiness, and fiscal controls.

 

(b)     Division Review and Action on the Notice of Intent

The Division shall review a notice of intent to construct or modify a public water supply system for completeness and either:

(1)     Fully or conditionally approve the notice for the preparation of final plans and specifications for the proposed facility;

(2)     Notify the applicant that additional information is required;

(3)     Deny the proposal to construct giving written appropriate reasons for the denial.

 

(c)     Preparation of Final Drawings and Specifications by the Applicant

(1)     Preparation of final drawings and specifications for a public water system shall be based upon accepted engineering practice and must be submitted in a format acceptable to the Division.

(2)     The final plans and specifications shall follow the intent expressed in the approved notice of intent.

(3)     A person experienced in the construction and operation and maintenance of water supply systems shall supervise preparation of final drawings and specifications.

(4)     A professional engineer must design any treatment system included in any public water system.

 

(d)     Division Review and Approval of Final Drawings and Specifications

(1)     Final drawings and specifications shall be submitted to the Division for review.

(2)     The Division shall either:

(i)      Approve the drawings and specifications for construction; or

(ii)     Request changes be made to the drawings and specifications to make the design conform to this chapter or for the protection of the public health and the environment. Once changes are made to the final drawings and specifications, they must be submitted to the Division for review.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-114         Drinking Water Materials and Additives

 

(a)     Each product, with the exception of commercially retailed hypochlorite compounds such as unscented Clorox, Purex, etc., added to water intended for human consumption, shall conform to ANSI/NSF Standard 60. The maximum application dosage recommendation for the product certified by ANSI/NSF Standard 60 shall not be exceeded in practice. Products covered by this paragraph include, but are not limited to: coagulation and flocculation chemicals; chemicals for corrosion and scale control; chemicals for softening, precipitation, sequestering and pH adjustment, disinfection and oxidation chemicals; chemicals for fluoridation, defluoridation, algae control, and dechlorination; dyes and tracers; antifoamers, regenerants, and separation process scale inhibitors and cleaners; and water well drilling and rehabilitation aids.

 

(b)     Except as identified in subsections (g) and (h) of this section, a material or product that comes in significant contact with water intended for human consumption shall conform to ANSI/NSF Standard 61. For the purposes of this section, “substantial contact” means the elevated degree that a material in contact with water may release leachable contaminants into the water that such levels of these contaminants may be unacceptable with respect to either public health or aesthetic concerns. The Division shall take into consideration the total material/water interface area of exposure, volume of water exposed, length of time water is in contact with the material, and level of public health risk. Examples of water system components that would be considered to be in “substantial contact” with drinking water are filter media, storage tank interiors or liners, distribution piping, membranes, exchange or adsorption media, or other similar components that would have high potential for contacting water intended for human consumption. Materials associated with components such as valves, pipe fittings, debris screens, gaskets, or similar appurtenances would not be considered to be in substantial contact.

 

(c)     Materials or additives in use prior to the effective date of the regulations in this chapter that have not been listed under ANSI/NSF Standard 60 or 61 may be used for their current applications until the materials are scheduled for replacement, or until stocks of existing additives are depleted and scheduled for reorder.

 

(d)     Any products used to coat, line, seal, or patch water contact surfaces, or that have substantial water contact within the collection, treatment, or distribution systems must comply with the appropriate ANSI/NSF Standard 60 or 61. Application of these products must comply with recommendations contained in the product certification.

 

(e)     Evidence that a product conforms to the requirements of this section shall be the appearance on the product of* product package of a seal of a certifying entity that is accredited by the American National Standards Institute to provide the certification.

 

*So in original; probably should be “or.”

 

(f)      Any treatment chemical or additive used in a public water system must come from and be stored in containers that are clearly labeled in English, and must display the manufacturer’s name and address.

 

(g)     The Director shall consider standards for chemicals, materials, or equipment that have been certified by NSF International as complying with the standards required by this section. In those instances where chemicals, materials, and equipment that come into contact with water intended for human consumption are essential to the design, construction, or operation of the drinking water system and have not been certified by NSF International of* have NSF certification but are not available from more than one source, the standards shall provide for the use of alternatives which include:

(1)     Products composed entirely of ingredients determined by the Environmental Protection Agency, the Food and Drug Administration, or other federal agencies as appropriate for addition to potable water or aqueous food.

(2)     Products consistent with the specifications of the American Water Works Association.

(3)     Products that are designed for use in drinking water systems and that are consistent with the specifications of the American Society for Testing and Materials.

 

*So in original; probably should be “or.”

 

(h)     The following materials and products are exempt from the requirement to conform to ANSI/NSF Standard 61:

(1)     A concrete structure, tank, or treatment tank basin constructed onsite that is not normally coated or sealed if the construction materials used in the concrete are consistent with subsection (g). If a coating or sealant is specified by the design engineer, the coating or sealant shall comply with ANSI/NSF Standard 61;

(2)     An earthen reservoir or canal located upstream of water treatment;

(3)     A synthetic tank constructed of material that meets Food and Drug Administration standards for a material that comes into contact with drinking water or aqueous food that is less than 15,000 gallons in capacity; or

(4)     A pipe, treatment plant component, or water distribution system component made of lead-free stainless steel.

 

Modified, 1 CMC § 3806(c), (d), (g).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: In subsection (f), the Commission corrected the spelling of “manufacturer’s.”

 

§ 65-20-116         Operational Requirements

 

(a)     Prior to the initial operation of any newly constructed public water system, or the operation of any public water system that has modified its source water, treatment, storage, or distribution facilities, the public water system must be inspected by Division personnel.

 

(b)     Newly Constructed Water Systems. Prior to serving water to the public, a newly constructed public water system must undergo a full sanitary survey performed by Division personnel. If, as a result of that survey, significant deficiencies are identified, the water system is prohibited from distributing water until those deficiencies have been corrected to the satisfaction of the Director.

 

(c)     New Facilities of Existing Water Systems. Prior to distributing water, Division personnel must inspect newly constructed or modified public water system facilities. If, as a result of that inspection, significant deficiencies are identified, the public water system is prohibited from distributing water from those treatment facilities until all deficiencies have been corrected to the satisfaction of the Director.

 

(d)     No later than 45 calendar days after any public water system receives written notice from the Division that one or more significant deficiencies has been identified, the water system must respond in writing to the Division indicating the steps it will take to correct the deficiencies, and the schedule for those corrections.

 

(e)     A new public water system, or a new water source to be used by an existing public water system, shall not distribute water until all three of the following conditions are met.

(1)     All initial monitoring required at entry points to the distribution system, as specified in part 200 of this chapter, has been performed.

(2)     All analytical results have been reported to the Division.

(3)     All analytical results indicate there is no exceedance of any applicable maximum contaminant level.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment:  The Commission inserted a comma after the word “storage” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 65-20-118         Sanitary Surveys

 

(a)     It is the responsibility of every public water system, including community water systems and non-community water systems, to have a sanitary survey of all of their public water system facilities conducted at least once every three years. Owners of public water systems shall submit a completed sanitary survey to the Division within 36 months of the effective date of the regulations in this chapter.

(1)     At a minimum the sanitary survey shall address these elements: water source; treatment; distribution system; finished water storage; pumps, pump facilities and controls; monitoring, reporting and data verification; water system management and operations; and operator compliance with Commonwealth requirements.

(2)     The sanitary survey shall be documented in a report to the Division.

(3)     Significant deficiencies identified in the report shall be addressed by the water system within 30 days of being notified of the deficiency.

 

(b)     The sanitary survey shall be performed by a person approved by the Division. Such persons include:

(1)     Division personnel trained to perform sanitary surveys;

(2)     Bureau of Environmental Health personnel trained to perform sanitary surveys;

(3)     Registered professional engineers trained to perform sanitary surveys and approved by the Division;

(4)     Registered environmental health specialists trained to perform sanitary surveys and approved by the Division; or

(5)     Other personnel trained to perform sanitary surveys and approved by the Division.

 

(c)     The Division may assess reasonable fees for a sanitary survey if Division personnel perform the survey.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart C -        Certification of Public Water System Operators

 

§ 65-20-120         General Provisions

 

(a)     The purpose of this subpart is to assure that public water system operators are trained and certified, and that they have knowledge and understanding of the public health reasons for drinking water standards.

 

(b)     No later than January 1, 2006, owners of all public water systems must place the direct supervision of their water system, including each treatment facility and/or distribution system, under the responsible charge of an operator holding a valid certification equal to or greater than the classification of the treatment facility and/or distribution system.

 

(c)     All operating personnel making process control/system integrity decisions about water quality or quantity that affect public health must be certified.

 

(d)     A designated certified operator must be available for each operating shift.

 

(e)     The Division may charge reasonable fees to cover the expenses of the certification program. These fees may include an initial application fee for new applicants, an exam fee if an exam is to be administered, and a renewal fee for operators that are already certified.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The 2008 amendments amended subsection (e). See 29 Com. Reg. at 27641 (Dec. 18, 2007).

 

§ 65-20-122         Certification Requirements

 

(a)     A person seeking certification under this regulation shall submit an application to the Division on a form approved by the Division.

 

(b)     The Division will certify an applicant who has met the examination requirements of § 65-20-122(c) and the experience and education requirements of § 65-20-122(d); or the comity requirements of § 65-20-122(e); and has submitted the appropriate fees.

 

(c)     Examination requirements

(1)     To be certified to operate a water system classified as class 1 through class 4 under § 65-20-124 an applicant must pass a validated examination that demonstrates the applicant’s skills, knowledge, ability, and judgment to operate a system of that classification in compliance with the requirements of the regulations in this subchapter.

(2)     The applicant must obtain a minimum score of 70% on the exam in order to pass the examination.

(3)     An applicant may not take the same water treatment or water distribution exam more than once within a span of 90 days.

(4)     The applicant must submit the exam fee for each exam before taking the exam.

 

(d)     Education and experience requirements

(1)     To be certified as a class 1 through class 4 water treatment plant operator or water distribution operator, an applicant must have at least a high school diploma or the equivalent thereof.

(2)     To be certified as an operator-in-training water treatment plant operator or water distribution operator, an applicant must be enrolled in a high school degree program, or have at least a high school diploma or the equivalent thereof.

(3)     Experience requirements for each classification level of operator are outlined in the following Table 1 - Years of Experience for Certification at Each Classification Level.

 

          Table 1 - Years of Experience Required for Certification at Each Classification Level

Classification Level

OIT+

Class 1

Class 2

Class 3

Class 4

Water Treatment

0

1

3

4

4

Water Distribution

0

1

4

6

8

+ OIT means Operator-in-Training. An operator certified at the OIT level is a certified operator, but cannot be the supervising operator having responsible charge over a public water system because the certification level is not at the classification level of the public water system.

 

(e)     Comity requirements

(1)     The Division will recognize the certification of operators who have current drinking water operator certifications in good standing from any U.S. state, territory, or possession, or from the Association of Boards of Certification. Such recognition is termed comity certification.

(2)     The Division will determine the classification level that the operator qualifies to be recognized at based on the operator’s experience and education.

(3) (Removed and reserved).

(4)     In order to be certified by comity in the Commonwealth, a certified operator must provide the Division with the following:

(i)      A current and valid certificate documenting that the individual is a certified operator in any jurisdiction described in § 65-20-122(e)(1) of this subchapter.

(ii)     All support documents required by the original certifying authority to authenticate the qualifications of the operator.

(iii)    The appropriate fees.

 

(f)      Certificate term and renewal

(1)     A certificate issued under the conditions of § 65-20-122(c)-(d), examination, experience and education requirements, is valid for a three-year period beginning January 1 of the year of issuance.

(2)     A certificate issued under the conditions of § 65-20-122(e), comity certification, is valid for the term of the original certificate or three years, whichever is less.

(3)     The Division will renew a certificate only if an operator has completed 10 contact hours of Division approved continuing education for every year that the certificate was valid (30 hours for a three year certificate); has paid the required fee; and is otherwise in compliance with this subchapter. A renewed certificate is valid for a three year period beginning January 1 of the year of issuance.

 

(g)     Lapsed certificates

(1)     An operator who seeks renewal of a lapsed certificate shall submit a request for renewal within 180 days after the certificate lapses. Upon receipt of a valid request for renewal, including proof of compliance with § 65-20-122(f)(3) and payment of the appropriate fee, the Division shall renew a certificate.

(2)     The Division will require reexamination of an operator whose renewal application is received more than 180 days after the certificate lapses.

 

(h)     Revocation of operator certification

(1)     After an investigation and review of the facts, and in accordance with all applicable Commonwealth laws and regulations, the Director may revoke the certification of an operator for any of the following reasons:

(i)      The operator has practiced fraud or deception, has tampered with water samples, falsified analytical data, or falsified other operating records. A person committing such actions is liable for civil or criminal penalties in accordance with 2 CMC § 3131(d).

(ii)     Reasonable care, judgment, or the application of knowledge was not used in the performance of the operator’s duties.

(iii)    The operator does not perform duties in a manner that meets drinking water compliance requirements of Commonwealth laws and regulations.

(iv)    The certification of the operator has expired or is no longer valid in the original jurisdiction from which their certification was issued.

(2)     An operator whose certificate is revoked may not apply for certification for 365 days after revocation. An application received under this subsection will be treated as an initial application.

 

(i)      Temporary certification: The Director may, in his discretion, issue a temporary certificate for good cause shown. The temporary certificate is valid until the earliest date when the operator may be examined and certified under this regulation. A temporary certificate applies only to the system which the applicant is operating at the time of application, and will not be renewed. The fees required must be paid before a certificate will be issued.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The 2008 amendments amended subsections (c), (d), (e), and (f). See 29 Com. Reg. at 27641-27642 (Dec. 18, 2007) for subsection (c), 29 Com. Reg. at 27642 (Dec. 18, 2007) for subsection (d), 29 Com. Reg. at 27642 (Dec. 18, 2007) for subsection (e), and 29 Com. Reg. at 27643 (Dec. 18, 2007) for subsection (f). The Commission corrected a typographical error in subsection (e)(4) by changing a period to a colon.        

 

§ 65-20-124         Classification of Public Water System

 

The treatment facility(ies) and the distribution system(s) of a public water system are classified separately as follows.

 

(a)           A drinking water treatment facility is classified as a Class 1, Class 2, Class 3, or Class 4 treatment facility in accordance with Table 1 (Classification of Treatment Facilities).

 

             Table 1- Classification of Treatment Facilities

Type of Treatment

Class of Treatment Facility

Groundwater sources using disinfection on a continuous basis.

Class 1

Membrane filtration, cartridge filtration, or desalination (including distillation, ion exchange, and reverse osmosis) of groundwater, purchased water, or water from rainwater roof catchments.

 

Class 2

Any filtration (except conventional or direct filtration) of surface water or groundwater under the direct influence of surface water.

Class 3

Conventional filtration or direct filtration of surface water.

Class 4

 

(b)     A drinking water distribution system is classified as a Class 1, Class 2, Class 3, or Class 4 distribution system in accordance with Table 2 (Classification of Distribution Systems).

 

Table 2 - Classification of Distribution Systems

Population Served by Water System            

Class of Distribution System

1,500 and less

Class 1

1,501 to 15,000

Class 2

15,001 to 50,000

Class 3

50,001 and greater

Class 4

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment:  The 2008 amendments corrected a typographical error in subsection (a) of this section.

 

Subpart D -        Bottled Water Companies

 

§ 65-20-126         Basis for Regulation

 

(a)     Bottled water companies play a vital role in providing drinking water in the Commonwealth. They are, however, generally not regulated as public water systems under the federal Safe Drinking Water Act (in certain circumstances, they may be federally regulated as noncommunity water systems). In addition, regulations promulgated under the federal Safe Drinking Water Act do not take into consideration the unique characteristics of bottled water plants.

 

(b)     In order to assure the provision of safe drinking water and protect public health, the Division regulates bottled water companies as public water systems within the Commonwealth under the jurisdiction granted by 2 CMC §§ 3111(a)(1) and 3122(b). The requirements in this subpart assure that the customers of bottled water companies are provided at least an equal level of protection afforded the customers of other public water systems.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 65-20-128         Requirements of Bottled Water Companies

 

(a)     Bottled water companies are regulated as community water systems and, except as specified in subsections (b) through (d) of this section, must follow all CNMI National Primary and Secondary Drinking Water Regulations as specified in parts 200 and 300 of this chapter.

 

(b)     Special Monitoring Requirements for Coliform Sampling. For the purpose of complying with the coliform sampling requirements of § 65-20-214(a) of this chapter, the minimum number of samples required per month is based on system configuration, not population served. A bottled water company must collect a minimum of:

(1)     Two routine samples every month from every tap at the facility that provides finished water.

(i)      Finished water taps include taps, faucets, and spouts that provide water to bottles, bulk storage, retail faucets, and ice machines.

(ii)     A row of taps at a single sink that has only one source of water is counted as one tap. In this situation, a sample can be collected at any individual tap.

(2)     Two routine samples every month from the tank on each vehicle that hauls water intended for human consumption; and

(3)     One routine sample every month from each bulk retail water storage the bottled water company delivers water to.

 

(c)     Special Monitoring Requirements for Chemical Samples

(1)     A bottled water company that collects water from a well, spring, rainwater catchment or other source must monitor that water for chemical contaminants as specified in § 65-20-214(c), § 65-20-214(d), and § 65-20-214(f) of this chapter.

(2)     A bottled water company that is a consecutive water system (as described at § 65-20-214(i) of this chapter) and that purchases water from another public water system, must monitor that purchased water as described below.

(i)      Volatile organic chemicals listed at § 65-20-222(b) of this chapter must be monitored every three years.

(ii)     Inorganic chemicals listed at § 65-20-222(c) of this chapter, with the exception of asbestos, must be monitored every three years.

(iii)    Synthetic organic chemicals listed at § 65-20-222(b) of this chapter, with the exception of diquat, endothall, glyphosate and dioxin, must be monitored every three years.

(iv)    Radionuclide contaminants listed at § 65-20-222(g) of this chapter, with the exception of beta particle and photon radioactivity, must be monitored every three years.

(v)     If the public water system from which the water is purchased fails to perform the chemical monitoring required of it, then the purchaser of that water (e.g., the bottled water company) must monitor according to the requirements at subsection (c)(1) of this section.

(vi)    The requirement for quarterly monitoring in any initial compliance period specified in § 65-20-214(c), § 65-20-214(d), and § 65-20-214(f) of this chapter is waived if the public water system from which the water is purchased has performed the required monitoring.

(vii)   All other monitoring requirements specified in § 65-20-214(c), § 65-20-214(d), and § 65-20-214(f) of this chapter are applicable if any contaminant is detected as a concentration that triggers additional requirements on the part of the bottled water company.

 

(d)     Special Monitoring Requirements for Control of Lead and Copper

For the purpose of complying with the lead and copper sampling requirements of § 65-20-226(g) and § 65-20-226(h) of this chapter, all bottled water companies must, at a minimum, collect samples from the number of sample sites required under the “101 to 500” system size category.

 

(e)     Special Monitoring Requirements for Disinfectants/ Disinfection By-products

For the purpose of complying with the disinfectants/ disinfection by-products monitoring requirements of § 65-20-232(c) of this chapter, bottled water companies must designate one or more sample locations reflecting maximum residence time of product water within the public water system’s distribution system. Allowable sample locations are as follows:

(1)     A finished water product tank containing water that has remained undisturbed in the tank for a minimum of 24 hours.

(2)     A five-gallon bottle of finished water that was produced and retained for a minimum of 24 hours.

(3)     Any other location approved by the Director.

 

(f)      Every bottled water company must abide by the operator certification requirements of §§ 65-20-120, 65-20-122 and 65-20-124 of this chapter.

 

(g)     In addition to the requirements imposed under this section, the processing of bottled water shall be subject to regulation by the Commonwealth Department of Public Health and the U.S. Food and Drug Administration.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment:  The Commission inserted a comma after the word “faucets” in subsection (b)(1)(i) pursuant to 1 CMC § 3806(g).

 

Subpart E -         Rainwater Catchment Systems

 

§ 65-20-130         Basis for Regulation

 

(a)     Rainwater catchment systems play a significant role in supplementing the quantity of water available in the Commonwealth. Generally, however, they are not considered as a source of water when regulations were developed under the federal Safe Drinking Water Act. Accordingly, the federal regulations are silent as to how water intended for human consumption that comes from rainwater sources should be monitored.

 

(b)     In order to assure the provision of safe drinking water, the Division regulates rainwater catchment systems as it does other sources used by public water systems. The requirements of this subpart assure that public water systems relying in whole or in part on water from rainwater catchment systems monitor at an appropriate level to protect public health.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 65-20-132         Requirements of Rainwater Catchment Systems

 

(a)     Rainwater that has traveled over the surface of the land before it is collected in a rainwater catchment system is considered surface water under the regulations in this chapter. Accordingly, it is subject to the same treatment and monitoring requirements as other surface water sources described in part 200 of this chapter.

 

(b)     Rainwater that has not traveled over the surface of the land and, instead, has been collected in a rainwater roof catchment system, is not considered surface water under this chapter. It is considered groundwater, and is subject to the same monitoring and treatment requirements as other groundwater sources as described in this chapter.

 

(c)     Special Monitoring Requirements for Rainwater Roof Catchment Systems. If an entry point to a distribution system is supplied solely by water collected in a rainwater roof catchment system (i.e., it is not mixed with water from any other source), the following chemical monitoring requirements at that entry point shall apply.

(1)     Monitoring for nitrate must be performed once during the initial compliance period.

(i)      If nitrates are not detected during the initial compliance period then no additional monitoring for nitrate is required during repeat compliance periods.

(ii)     If nitrates are detected during the initial compliance period, then the Division may require additional monitoring for nitrate.

(2)     The requirement to monitor for the synthetic organic chemicals listed at § 65-20-222(b), and as required in § 65-20-214(d) of this chapter, is waived.

(3)     The requirement to monitor for the radionuclide chemicals listed at § 65-20-222(g), and as required in § 65-20-214(f) of this chapter, is waived.

(4)     If the roofing material is replaced or a new protective coating is applied to the roof, then the rainwater roof catchment system is considered to be a new water source, and the monitoring cycle for chemical contaminants will start again with an initial compliance period.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart F -         Disinfection of Groundwater and Rainwater

 

§ 65-20-134         Basis for Regulation

 

(a)     Many of the wells used to supply groundwater in the Commonwealth are shallow wells drilled into high-permeability limestone aquifers. These wells, especially if poorly constructed, are subject to microbiological contamination. Rainwater roof catchment systems, if not properly and frequently maintained, are also susceptible to contamination from microbes, plant debris, and animals.

 

(b)     For these reasons, it is important for public water systems that produce drinking water from these sources to effectively treat the source water before the water is provided to their consumers. This section sets forth disinfection requirements for sources of water obtained from groundwater and rainwater roof catchments.

 

(c)     The requirements for the treatment of surface water and groundwater under the direct influence of surface water are specified in part 200, subpart H of these regulations.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). The Commission inserted a comma after the word “debris” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 65-20-136         Requirements for the Disinfection of Groundwater and Rainwater Sources

 

(a)     All water obtained from groundwater sources or rainwater roof catchment systems shall be continuously disinfected by means or methods that are approved by the Director and are effective in the inactivation of pathogenic organisms. Disinfection may include physical as well as chemical treatment.

 

(b)     Systems Using Chlorination. When chlorination methods are employed, a sufficient amount of chlorine shall be continuously added to the source water to inactivate any pathogenic organisms potentially present and to maintain a residual in the distribution system.

(1)     The residual disinfectant concentration in the distribution system, measured as total chlorine, combined chlorine, or free chlorine, cannot be less than 0.10 mg/l in more than five percent of the samples taken each month, for any two consecutive months that the system serves water to the public.

(2)     The residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliform are sampled.

(3)     The residual disinfectant concentration measured at sample points in the distribution system must be reported to the Division on the same form used to report total coliform results.

 

(c)     Systems That Use a Disinfectant Other than Chlorine. When methods of disinfection are employed that do not leave a measurable disinfectant residual in the product water, the public water system must adhere to the requirements specified below. Failure to comply with these requirements is a violation of these regulations in this chapter and may result in an enforcement action.

(1)     Design and installation of the treatment unit shall ensure that the manufacturer’s maximum rated flow and pressure cannot be exceeded;

(2)     All treatment equipment (including recommended pretreatment equipment) must be installed, operated, and maintained in accordance with the manufacturer’s recommendations;

(3)     The manufacturer’s manuals and documentation must be maintained on-site;

(4)     Complete and accurate records of operation and maintenance must be maintained and kept on-site;

(5)     At least one set of spare parts for components that must be periodically replaced must be on-site or readily available; and

(6)     The Director may require additional monitoring or challenge testing of any disinfection treatment equipment in order to determine its effectiveness.

 

(d)     The methods of disinfection described in subsection (c) of this section may only be used by bottled water companies and, as determined by the Director, in situations where a point-of-entry treatment device or a point-of-use treatment device is deemed appropriate.

 

(e)     Public water systems must measure residual disinfectant concentration with one of the analytical methods listed at 40 CFR §141.74(a)(2).

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart G -        Drinking Water Emergencies and Tampering with Public Water Systems

 

§ 65-20-138         Supply of Drinking Water During Emergencies

 

Two types of potential emergency situations outside the normal scope of operations are recognized with respect to public water systems: (a) toxic contamination of the water supply; and (b) mechanical failure and/or major natural disaster. Under these situations, the following requirements apply.

 

(a)     Toxic Contamination. A potential emergency may exist when drinking water quality is impacted due to the presence of toxic or other substances in the water supply that cannot be removed by existing treatment methods and which, if ingested, may cause an immediate risk to the health of consumers. The presence of such substances may be identified by such parameters as odor, taste, color, microbiological or chemical analysis, or by other evidence. Under these circumstances, the affected public water system shall do the following.

(1)     Immediately close off the water supply to the distribution system.

(2)     Notify the Director of the Division within one hour of the discovery of the contamination.

(3)     Notify water consumers by the quickest available means of communication. At a minimum, the guidelines for a Tier 1 Public Notice, as described in § 65-20-242(b), should be followed.

(4)     Deliver potable water from an alternative suitable water source to such public consumers as hospitals, clinics, and similar institutions that are normally supplied water from the contaminated water supply. The water so delivered shall be disinfected to the satisfaction of the Director. The deliveries shall continue until the time the Director declares the contaminated public water supply potable.

(5)     Provide potable water from an alternative suitable water source at a location convenient for the consumers normally supplied water from the contaminated water supply. The water shall be disinfected to the satisfaction of the Director. The alternative water supply must be made available until such time as the Director declares the contaminated public water supply potable.

(6)     If potable water is provided by hauling the water in a tanker truck or trailer, the water container on the vehicle shall be sanitized before use. The public water system responsible for providing the alternative water supply shall monitor the alternative water supply for coliform bacteria at the point where the consumers collect the water at a frequency determined by the Director.

 

(b)     Mechanical Failure and/or Major Disaster. A potential emergency may exist when water quality or quantity is impacted due to mechanical failure of water treatment facilities due to insufficient operation and maintenance, vandalism, or natural disasters such as typhoons or earthquakes. In such situations, the affected public water system shall do the following.

(1)     Take preventative measures to ensure that the water supply does not become contaminated, such as isolating tanks or distribution mains, if needed.

(2)     Notify the Director of the Division within one hour of the discovery of the mechanical failure.

(3)     Notify water consumers by the quickest available means of communication. At a minimum, the guidelines for a tier 1 public notice, as described in § 65-20-242(b), should be followed.

(4)     Deliver potable water from an alternative suitable water source to such public consumers as hospitals, clinics, and similar institutions that are normally supplied water from the affected water supply. The water so delivered shall be disinfected to the satisfaction of the Director. The deliveries shall continue until the time the Director declares the mechanical failure has been corrected.

(5)     Supply of alternative water for residents.

(i)      Limited service area mechanical failures. If the mechanical failure is limited to only one village, then provide potable water from an alternative suitable water source at a location convenient for the consumers normally supplied water from the affected water supply. The water shall be disinfected to the satisfaction of the Director. The alternative water supply must be made available until such time as the Director declares that the mechanical failure has been corrected.

(ii)     Large service area mechanical failures. If the mechanical failure affects more than one village, then the public water system must advise consumers as to the locations where potable water may be obtained if such water is available. If potable water is not available, the public water system will advise consumers where other water sources may be found in the immediate vicinity. The public water system will also recommend disinfection of drinking water as prescribed at § 65-20-140.

(6)     If potable water is provided by hauling the water in a tanker truck or trailer, the water container on the vehicle shall be sanitized before use. The public water system responsible for providing the alternative water supply shall monitor the alternative water supply for coliform bacteria at the point where the consumers collect the water at a frequency determined by the Director.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-140         Emergency Disinfection of Drinking Water

 

(a)     A public water system shall provide to its customers and users the information required by subsections (b) and (c) of this section when, due to natural disasters or other circumstances, it is necessary for individual consumers to disinfect their own drinking water. The form, manner and frequency of providing the information shall be in accordance with a tier 1 public notice, as described at § 65-20-242(b) of this chapter.

 

(b)     When emergency disinfection is necessary, examine the physical condition of the water. Disinfectants are less effective in cloudy water. Filter murky or colored water through clean cloths or allow it to settle, and draw off the clean water for disinfection. Water prepared for disinfection should be stored only in clean, tightly covered, containers, not subject to corrosion. Water to be used for drinking, cooking, making any prepared drink, or brushing teeth should be properly disinfected.

 

(c)     Disinfection Methods. To disinfect small quantities of water (5 gallons or less) the following procedures are recommended:

(1)     Boiling. Vigorous boiling for one minute will kill any disease-causing microorganisms present in water. The flat taste of boiled water can be improved by pouring it back and forth from one container to another (called aeration), by allowing it to stand for a few hours, or by adding a small pinch of salt for each quart of water boiled.

(2)     Chlorine Bleach. When boiling is not practical, chemical disinfection should be used. Common liquid household bleach (5.25% sodium hypochlorite) contains a chlorine compound that will disinfect water. To achieve a concentration of at least 1 part per million (ppm) residual chlorine, add bleach in accordance with the table below.

 

Emergency Disinfection Using Chlorine Bleach

Amount of Water

For Clear Water

use this much chlorine

For Cloudy Water

use this much chlorine

1 Quart

2 drops

4 drops

1 Gallon

8 drops

16 drops

5 Gallons

½ teaspoon

1 teaspoon

 

The treated water should be mixed thoroughly and allowed to stand, preferably covered, for 30 minutes. The water should have a slight chlorine odor; if not, repeat the dosage and allow the water to stand for an additional 15 minutes. If the treated water has too strong a chlorine taste, it can be made more pleasing by allowing the water to stand exposed to the air for a few hours or by pouring it from one clean container to another several times.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-142         Emergency Powers of the Director

 

(a)     Notwithstanding any other provision of the regulations in this chapter, the Director, upon receipt of information that a contaminant which is present or is likely to enter a public water system or a source of drinking water and may present an imminent endangerment to the health of persons, may take such actions as he deems necessary in order to protect the health of such persons.

 

(b)     The action which the Director may take may include (but shall not be limited to):

(1)     Issuing such orders as may be necessary to protect the health of persons who are or may be users of such system, including orders requiring the provision of alternative water supplies by persons or public water systems who caused or contributed to the endangerment.

(2)     Requesting that the CNMI Attorney General commence a civil or criminal action for appropriate relief, including a restraining order or permanent or temporary injunction.

 

(c)     Any person who violates or fails or refuses to comply with any order issued by the Director under subsection (b)(1) may be subject to a civil penalty for each day in which the violation occurs or failure to comply continues, in accordance with 2 CMC § 3131(c).

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-144         Tampering with Public Water Systems

 

(a)     Prohibition against Tampering with Public Water Systems

(1)     A person may not tamper, attempt to tamper, or make a threat to tamper with a public water system.

(2)     Any person who violates subsection (a)(1) of this section may be subject to a civil or criminal penalty in accordance with 2 CMC § 3131(d) for each day in which the tampering incident results in the disruption of normal public water system operations.

(b)     Water System Responsibilities

(1)     A public water system must minimize the potential for tampering of its water system facilities by, at a minimum, assuring the following:

(i)      Direct access to water storage tanks via manholes and other openings are securely locked;

(ii)     All drinking water treatment facilities are enclosed and securely locked, or at a minimum, fenced and securely locked;

(iii)    All other vulnerable areas (e.g., wellheads, storage tanks, pump stations, etc.) are fenced and securely locked;

(iv)    All active and inactive wells have adequate and properly maintained sanitary seals. Monitoring wells must be securely locked;

(v)     All abandoned wells are abandoned and sealed in accordance with part 1900 of the Commonwealth Well Drilling and Well Operations Regulations [NMIAC chapter 65-140]; and

(vi)    All water system operation, maintenance, and administrative records are adequately stored and secured.

(2)     A public water system must notify the Division and any other appropriate government authorities as soon as possible, but no later than 24 hours, following any tampering, suspected tampering, or receipt of a tampering threat by the public water system.

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-146         Emergency Response Plan for Systems Serving 3,300 or More People

 

(a)     Community water systems serving 3,300 or more people shall prepare or revise, where necessary, an emergency response plan. The emergency response plan shall include, but is not limited to, plans, procedures, and identification of equipment that can be implemented or utilized in the event of a natural or manmade disaster that may impact the water system.

 

(b)     Community water systems shall to the extent possible, coordinate with existing Local Emergency Planning Committees when preparing or revising an emergency response plan.

 

(c)     Community water systems may use the following publication as guidance on how to prepare their emergency response plan: Large Water System Emergency Response Plan Outline: Guidance to Assist Community Water Systems in Complying with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Environmental Protection Agency, Office of Water, July 2003; which can be obtained at www.epa.gov/safewater.

 

(d)     Each community water system required under subsection (a) of this section to prepare or revise an emergency response plan, shall certify to the Director the completion of the plan by January 1, 2006. Each such community water system shall then revise and update their emergency response plans, and certify to the Director the completion of the revision, at least once every five years thereafter.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart H -        Enforcement of Regulations and Penalties for Violations

 

§ 65-20-148         Enforcement of Regulations

 

The Director may enforce the regulations in this chapter by initiation of administrative actions, and/or causing the initiation of civil or criminal actions in the Commonwealth or federal courts, pursuant to 2 CMC § 3131 and 42 USC § 300h-2(a)(1).

 

(a)     The Director shall have the responsibility to prepare, issue, modify, revoke and enforce orders for compliance with any of the provisions of the regulations in this chapter, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of these regulations.

 

(b)     The Division shall provide for public participation in the enforcement of the regulations in this chapter.

(1)     Public participation shall include providing notice and opportunity for public comment on all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment).

(2)     The Division shall investigate and provide responses to citizen complaints about violations of these regulations, except where the disclosure of such information may interfere with an active administrative, civil, or criminal enforcement action.

 

(c)     The Division shall make information obtained available, upon request, to the U.S. Environmental Protection Agency or any duly authorized committee of Congress without restriction.

 

(d)     Nothing in this section shall prevent enforcement by the U.S. Environmental Protection Agency of either the federal or Commonwealth Drinking Water Regulations.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

§ 65-20-150         Penalties for Violation of Regulations

 

Any person who violates, or who refuses or neglects to comply with any provision of the regulations in this chapter, or any certification, standard, notification, or order issued by the Director, the Division, or the Attorney General, shall be subject to the penalties specified at 2 CMC § 3131.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Part 200 -  CNMI National Primary Drinking Water Regulations

 

Subpart A -        General

 

§ 65-20-201         Referenced Version of 40 CFR § 141 and Applicability (§§ 2141.0 -2141.1)      

 

(a)     All references to 40 CFR § 141 of the National Primary Drinking Water Regulations in this subchapter refer to the version as revised and codified as of July 1, 2014.

 

(b)     The provisions of 40 CFR § 141.1 of the National Primary Drinking Water Regulations, are hereby adopted by reference.

 

Modified 1 CMC § 3806(d).

 

History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015); Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original section number published by DEQ in the Commonwealth Register is provided in parentheses after the section and subsection titles in this part because these section numbers correspond to the federal drinking water regulations. The reference will assist users in identifying any local changes to the federal regulations adopted by reference.

 

The 2008 amendments changed this section and added subsection (a) (§ 2141.0). Former subsection (a) was redesignated to subsection (b). See 29 Com. Reg. at 27645 (Dec. 18, 2007). The Commission changed the title of this section based on the 2008 amendments.

 

The 2015 amendments changed the date in subsection (a) from July 1, 2007 to July 1, 2014. The Commission changed “these regulations” in subsection (a) to “this subchapter.”

                  

§ 65-20-202         Definitions (§ 2141.2) 

 

The provisions of 40 CFR § 141.2 of the National Primary Drinking Water Regulations, are hereby adopted by reference, with the following modification.

 

(a)           The text of the first sentence for the definition of “state” found within 40 CFR § 141.2 is replaced with, “state means the agency within the Commonwealth of the Northern Mariana Islands which has jurisdiction over public water systems. That agency is the Division of Environmental Quality within the Office of the Governor.”

 

Modified 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed the first sentence of this section by removing the July 1, 2004 reference.

 

§ 65-20-204         Coverage (§ 2141.3)

 

The provisions of 40 CFR § 141.3 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following addition.

(a)     Systems with only distribution and storage facilities. The Director may require any public water system to comply with all requirements of the Commonwealth Drinking Water Regulations, including those systems that meet all four conditions of 40 CFR § 141.3, if the Director determines that the water provided by the system may present a potential risk to public health. The Director will make such a determination based on an evaluation that may include the following factors:

(1)     The distribution system size and condition.

(2)     The maintenance of storage facilities.

(3)     The potential for contamination and cross connections.

(4)     The results of available microbiological, chemical, or disinfectant residual analyses of the water provided by the system.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed the first sentence of this section by removing the July 1, 2004 reference.

 

§ 65-20-206         [Reserved] (§ 2141.4)

 

[Reserved.]

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

§ 65-20-208         Siting requirements (§ 2141.5)

 

The provisions of 40 CFR § 141.5 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed this section by removing the July 1, 2004 reference.

 

§ 65-20-210         Effective dates (§ 2141.6)

 

The provisions of 40 CFR § 141.6 of the National Primary Drinking Water Regulations are hereby adopted by reference. The effective dates listed in the Code of Federal Regulations only pertain to federal standards and requirements.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed this section by removing the July 1, 2004 reference.

 

Subpart B -         Maximum Contaminant Levels

 

§ 65-20-212         Maximum Contaminant Levels (§ 2141.11 - § 2141.16)

 

(a)           Maximum contaminant levels for inorganic chemicals (§ 2141.11)

The provisions of 40 CFR § 141.11 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b) (Removed and Reserved) (§ 2141.12).

 

(c)     Maximum contaminant levels for turbidity (§ 2141.13)

The provisions of 40 CFR § 141.13 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Maximum contaminant levels for radium-226, radium-228, and gross alpha particle radioactivity in community water systems (§ 2141.15)

The provisions of 40 CFR § 141.15* of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Maximum contaminant levels for beta particle and photon radioactivity from man-made radionuclides in community water systems (§ 2141.16)

The provisions of 40 CFR § 141.16* of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

* So in original. See Commission Comment.

 

Modified 1 CMC § 3806(f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (e) by removing the July 1, 2004 reference and repealed and reserved subsection (b). See 29 Com. Reg. at 27646-47 (Dec. 18, 2007).

 

Title 40 of the Code of Federal Regulations does not contain sections 141.15 or 141.16.

 

Subpart C -        Monitoring and Analytical Requirements

 

§ 65-20-214         Monitoring and Analytical Requirements (§ 2141.21 - § 2141.30)

 

(a)     Coliform sampling (§ 2141.21)

The provisions of 40 CFR § 141.21 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following modifications and additions.

 

(1)     The written sample siting plan specified at 40 CFR § 141.21(a)(1) must be written in accordance with Division guidance and submitted to the Director for approval. The plan must be revised and resubmitted to the Director within 30 days of any modification to the distribution system(s) that adds, deletes or changes the location of any coliform sample point.

(2)     The text found within 40 CFR § 141.21(a)(3) is replaced with, “A non-community water system must monitor at the same frequency as a like-sized community water system, as specified in subsection (a)(2) of this section.”

(3)     The routine monitoring requirements specified at 40 CFR § 141.21(a) and the repeat monitoring requirements specified at 40 CFR § 141.21(b) are applicable to every hydraulically independent distribution system within a public water system. For example, some public water systems have separate distribution systems for the water from each of the sources that they obtain water, be it rainwater, ground water, or from another public water system. Each of these independent distribution systems is subject to the monitoring and repeat monitoring requirements.

(4)     A public water system may cease to collect repeat samples when it determines that the maximum contaminant level for total coliforms in § 65-20-222(d) has been exceeded and it notifies the Division. This applies even if a complete set of repeat samples, as specified at 40 CFR § 141.21(b)(1), has not been collected for each total coliform positive sample found.

(5)     No public water system shall increase the disinfectant residual present in its distribution system or other facilities, under any circumstance described below, without written permission from the Director.

(i)      Within 48 hours prior to the collection of a routine coliform sample.

(ii)     Prior to the collection of a repeat coliform sample when, due to knowledge or suspicion that the original routine sample may be coliform positive, a repeat sample is necessary.

(6)     A consecutive public water system must perform monthly coliform monitoring of the water from their distribution system if, at any point in the receiving system’s distribution system, the water flows through a storage facility.

 

(b)     Turbidity sampling and analytical requirements (§ 2141.22)

The provisions of 40 CFR § 141.22 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Inorganic chemical sampling and analytical requirements (§ 2141.23)

The provisions of 40 CFR § 141.23 of the National Primary Drinking Water Regulations are hereby adopted by reference with the following addition.

(1)     If a public water system does not collect a confirmation nitrate or nitrite sample within two weeks of being notified of the analytical result of the first sample (as required at 40 CFR § 141.23(f)(2)), compliance with the maximum contaminant level for nitrate or nitrite shall be based solely on the analytical result of the single sample.

 

(d)     Organic chemicals, sampling and analytical requirements (§ 2141.24 )

The provisions of 40 CFR § 141.24 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Analytical methods for radioactivity (§ 2141.25)

The provisions of 40 CFR § 141.25 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Monitoring frequency for radioactivity in community water systems (§ 2141.26)

The provisions of 40 CFR § 141.26 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Alternate analytical techniques (§ 2141.27)

The provisions of 40 CFR § 141.27 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(h)     Certified laboratories (§ 2141.28)

The provisions of 40 CFR § 141.28 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(i)      Monitoring of consecutive public water systems (§ 2141.29)

The provisions of 40 CFR § 141.29 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(j) (Removed and Reserved) (§ 2141.30).

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (i) by removing the July 1, 2004 reference and repealed and reserved subsection (j).

 

Subpart D -        Reporting and Record Keeping

 

§ 65-20-216         Reporting and Record Keeping (§ 2141.31 - § 2141.35)

 

(a)     Reporting requirements (§ 2141.31)

The provisions of 40 CFR § 141.31 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b) (Reserved)(§ 2141.32).

 

(c)     Record maintenance (§ 2141.33)

The provisions of 40 CFR § 141.33 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following additions.

(1)     In addition to the data, records and reports specified in 40 CFR § 141.33, a public water system must maintain on its premises or at a convenient location near its premises the following information:

(i)      Current as-built engineering and schematic diagrams for all source water, treatment, storage and distribution facilities.

(ii)     Current construction materials survey, as referenced at 40 CFR § 141.42(a).

(iii)    Current coliform monitoring plan, as referenced at 40 CFR § 141.21(a).

(iv)    All other records required by these regulations.

(2)     All records must be readily available for review by Division personnel or their representatives during inspections and sanitary surveys.

 

(d) (Reserved) (§ 2141.34).

 

(e)     Reporting of unregulated contaminant monitoring results (§ 2141.35)

The provisions of 40 CFR § 141.35 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: In subsection (c)(1)(iv), the Commission inserted the final period.

 

See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a), (c), and (e) by removing the July 1, 2004 reference.

 

Subpart E -         Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use

 

§ 65-20-218         Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use (§ 2141.40 - § 2141.43)

 

(a)     Monitoring requirements for unregulated contaminants (§ 2141.40)

The provisions of 40 CFR § 141.40 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Special monitoring for sodium (§ 2141.41)

The provisions of 40 CFR § 141.41 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Special monitoring for corrosivity characteristics (§ 2141.42)

The provisions of 40 CFR § 141.42 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Prohibition on use of lead pipes, solder, and flux (§ 2141.43)

The provisions of 40 CFR § 141.43 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified 1 CMC § 3806(f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (d) by removing the July 1, 2004 reference.

 

Subpart F -         Maximum Contaminant Level Goals and Maximum Residual Disinfectant Level Goals

 

§ 65-20-220         Maximum Contaminant Level Goals and Maximum Residual Disinfectant Level Goals (§ 2141.50 - § 2141.55)

 

(a)     Maximum contaminant level goals for organic contaminants (§ 2141.50)

The provisions of 40 CFR § 141.50 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Maximum contaminant level goals for inorganic contaminants (§ 2141.51)

The provisions of 40 CFR § 141.51 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Maximum contaminant level goals for microbiological contaminants (§ 2141.52)

The provisions of 40 CFR § 141.52 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Maximum contaminant level goals for disinfection byproducts (§ 2141.53)

The provisions of 40 CFR § 141.53 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Maximum residual disinfectant level goals for disinfectants (§ 2141.54)

The provisions of 40 CFR § 141.54 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Maximum contaminant level goals for radionuclides (§ 2141.55)

The provisions of 40 CFR § 141.55 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified 1 CMC § 3806(f).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (f) by removing the July 1, 2004 reference.

 

Subpart G -        National Revised Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels

 

§ 65-20-222         National Revised Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels (§ 2141.60 - § 2141.66)

 

(a)     Effective dates (§ 2141.60)

The provisions of 40 CFR § 141.60 of the National Primary Drinking Water Regulations are hereby adopted by reference. The effective dates listed in the Code of Federal Regulations only pertain to federal standards and requirements.

 

(b)     Maximum contaminant levels for organic contaminants (§ 2141.61)

The provisions of 40 CFR § 141.61 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Maximum contaminant levels for inorganic contaminants (§ 2141.62)

The provisions of 40 CFR § 141.62 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Maximum contaminant levels (MCLs) for microbiological contaminants (§ 2141.63)

The provisions of 40 CFR § 141.63 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Maximum contaminant levels for disinfection byproducts (§ 2141.64)

The provisions of 40 CFR § 141.64 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Maximum residual disinfectant levels (§ 2141.65)

The provisions of 40 CFR § 141.65 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Maximum contaminant levels for radionuclides (§ 2141.66)

The provisions of 40 CFR § 141.66 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: In subsection (a), the Commission inserted the final period.

 

See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (g) by removing the July 1, 2004 reference.

 

Subpart H -        Filtration and Disinfection

 

§ 65-20-224         Filtration and Disinfection (§ 2141.70 - § 2141.76)

 

(a)     General requirements (§ 2141.70)

The provisions of 40 CFR § 141.70 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Criteria for avoiding filtration (§ 2141.71)

The provisions of 40 CFR § 141.71 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Disinfection (§ 2141.72)

The provisions of 40 CFR § 141.72 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Filtration (§ 2141.73)

The provisions of 40 CFR § 141.73 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Analytical and monitoring requirements (§ 2141.74)

The provisions of 40 CFR § 141.74 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Reporting and recordkeeping requirements (§ 2141.75)

The provisions of 40 CFR § 141.75 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Recycle provisions (§ 2141.76)

The provisions of 40 CFR § 141.76 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (g) by removing the July 1, 2004 reference.

 

Subpart I -          Control of Lead and Copper

 

§ 65-20-226         Control of Lead and Copper (§ 2141.80 - § 2141.91)

 

(a)     General requirements (§ 2141.80)

The provisions of 40 CFR § 141.80 of the National Primary Drinking Water Regulations are hereby adopted by reference with the exception of 40 CFR § 141.80(a)(2). The requirements set forth in subpart I of part 200 of the CNMI Drinking Water Regulations took effect on July 15, 1994.

 

(b)     Applicability of corrosion control treatment steps to small, medium-sized and large water systems (§ 2141.81)

The provisions of 40 CFR § 141.81 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Description of corrosion control treatment requirements (§ 2141.82)

The provisions of 40 CFR § 141.82 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Source water treatment requirements (§ 2141.83)

The provisions of 40 CFR § 141.83 of the National Primary Drinking Water Regulations, are hereby adopted by reference.

 

(e)     Lead service line replacement requirements (§ 2141.84)

The provisions of 40 CFR § 141.84 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Public education and supplemental monitoring requirements (§ 2141.85)

The provisions of 40 CFR § 141.85 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following modifications and additions.

(1) (Reserved).

(2)     Delivery of a public education program for non-English speaking users.

(i)      Garment manufacturing facilities. Public water systems regulated under § 65-20-226(a) that are garment manufacturing facilities with foreign contract workers must provide fully translated public education materials in the appropriate language for the majority of their workers, in addition to an English language version.

(ii)     Other public water systems regulated under § 65-20-226(a) serving non-English speaking populations.

(A)    Any public water system serving water to non-English speaking users must insert the following mandatory translation text into their public education materials, in all appropriate languages: “This document contains important information about the chemical lead, which has been found in your drinking water. It discusses the health effects of lead, how lead gets into your drinking water, and actions you can take to reduce your exposure to lead. If you cannot read or understand this document, have someone translate it for you.”

(B)    If the public water system can sufficiently document to the Director that any non-English speaking population comprises ten percent or less of the total population served by the water system, then the requirements of § 65-20-226(f)(2)(ii)(A) do not apply and the water system does not need to insert the translation text in that particular language into its public education material. The Director may require an affidavit certifying that the particular non-English population comprises ten percent or less of the total population served, or may require additional documentation that supports such claim.

 

(g)     Monitoring requirements for lead and copper in tap water (§ 2141.86)

The provisions of 40 CFR § 141.86 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following modifications and additions.

(1)     Tier 1 sample sites for community water systems. The text found within 40 CFR § 141.86(a)(3)(i) is replaced with, “Contain copper pipes with lead solder installed after 1997 or contain lead pipes or are provided with either centrally-treated reverse osmosis water or pure rainwater; and/or”

(2)     Tier 2 sample sites for community water systems. The text found within 40 CFR § 141.86(a)(4)(i) is replaced with, “Contain copper pipes with lead solder installed after 1997 or contain lead pipes or are provided with either centrally-treated reverse osmosis water or pure rainwater; and/or”

(3)     Tier 3 sample sites for community water systems. The first sentence of the text found in 40 CFR § 141.86(a)(5) is replaced with, “Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool from ‘tier 3 sampling sites,’ consisting of single family structures that contain copper pipes with lead solder installed before 1998 or are provided with rainwater that is mixed with water from another source.”

(4)     Tier 1 sample cites for non-transient non-community water systems. The text found within 40 CFR § 141.86(a)(6)(i) is replaced with, “Contain copper pipes with lead solder installed after 1997 or contain lead pipes or are provided with either centrally-treated reverse osmosis water or pure rainwater; and/or”

(5)     Tier 2 sample sites for non-transient non-community water systems. The first sentence of the text found in 40 CFR § 141.86(a)(7) is replaced with, “A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in subsection (a)(6) of this section shall complete its sampling pool with sample sites that contain copper pipes with lead solder installed before 1998 or that are provided with rainwater that is mixed with water from another source.”

(6)     Water systems providing reverse osmosis water or rainwater. Any public water system that provides centrally treated reverse osmosis water or pure rainwater (rainwater that is not mixed with water from another water source) must collect at least 50% of their lead and copper samples from sample sites served with that water.

 

(h)     Monitoring requirements for water quality parameters (§ 2141.87)

The provisions of 40 CFR § 141.87 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(i)      Monitoring requirements for lead and copper in source water (§ 2141.88)

The provisions of 40 CFR § 141.88 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(j)      Analytical methods (§ 2141.89)

The provisions of 40 CFR § 141.89 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(k)     Reporting requirements (§ 2141.90)

The provisions of 40 CFR § 141.90 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(l)      Recordkeeping requirements (§ 2141.91)

The provisions of 40 CFR § 141.91 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015); Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (l) by removing the July 1, 2004 reference and adding a 2007 Federal Register reference to subsections (a)-(b) and (d)-(k).  The 2008 amendments also repealed and reserved subsection (f)(1). Following the summary of the proposed revisions to this chapter, DEQ published “a fact sheet from U.S.E.P.A. on each of the four Federal Drinking Water Rules,” including a fact sheet regarding lead and copper. See 29 Com. Reg. 27626 and 27630-27639 (Dec. 18, 2007). The fact sheets are codified as Appendix C to this chapter.

 

The 2015 amendments removed the language “, as amended in Federal Register Vol. 72 No. 195, October 10, 2007,” from subsections (a), (b), and (d)–(k).

 

Subpart J -         Use of Non-centralized Treatment Devices

 

§ 65-20-228         Use of Non-centralized Treatment Devices (§ 2141.100 - § 2141.101)

 

(a)     Criteria and procedures for public water systems using point-of-entry devices (§ 2141.100)

The provisions of 40 CFR § 141.100 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Use of bottled water (§ 2141.101)

The provisions of 40 CFR § 141.101 of the National Primary Drinking Water are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) and (b) by removing the July 1, 2004 reference.

 

Subpart K -        Treatment Techniques

 

§ 65-20-230         Treatment Techniques (§ 2141.110 - § 2141.111)

 

(a)     General requirements (§ 2141.110)

The provisions of 40 CFR § 141.110 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Treatment techniques for acrylamide and epichlorohydrin (§ 2141.111)

The provisions of 40 CFR § 141.111 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) and (b) by removing the July 1, 2004 reference.

 

Subpart L -         Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors

 

§ 65-20-232         Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors (§ 2141.130 - § 2141.135)

 

(a)     General requirements (§ 2141.130)

The provisions of 40 CFR § 141.130 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Analytical requirements (§ 2141.131)

The provisions of 40 CFR § 141.131 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Monitoring requirements (§ 2141.132)

The provisions of 40 CFR § 141.132 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Compliance requirements (§ 2141.133)

The provisions of 40 CFR § 141.133 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Reporting and recordkeeping requirements (§ 2141.134)

The provisions of 40 CFR § 141.134 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Treatment technique for control of disinfection byproduct (DBP) precursors (§ 2141.135)

The provisions of 40 CFR § 141.135 of the National Primary Drinking Water regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) and (f) by removing the July 1, 2004 reference.

 

Subpart M

 

[Reserved.]

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart N

 

[Reserved.]

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart O -        Consumer Confidence Reports

 

§ 65-20-238         Consumer Confidence Reports (§ 2141.151 - § 2141.155)

 

(a)     Purpose and applicability of this subpart (§ 2141.151)

The provisions of 40 CFR § 141.151 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Effective dates (§ 2141.152)

The provisions of 40 CFR § 141.152 of the National Primary Drinking Water Regulations are hereby adopted by reference. The effective dates listed in the Code of Federal Regulations only pertain to federal standards and requirements.

 

(c)     Content of the reports (§ 2141.153)

The provisions of 40 CFR § 141.153 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following additions.

(1)     Garment manufacturing facilities. Public water systems that are regulated under § 65-20-238(a) that are garment manufacturing facilities with foreign contract workers must produce fully translated consumer confidence reports in the appropriate language for the majority of their workers, in addition to an English language version.

(2)     Other public water systems regulated under § 65-20-238(a) serving non-English speaking populations.

(i)      Any other public water system serving water to non-English speaking users must insert the following or similar translation text into their consumer confidence report in all appropriate languages: “This document contains important information about your drinking water. If you cannot read or understand this document, have someone translate it for you, or speak with someone who understands it.”

(ii)     If the public water system can sufficiently document to the Director that any non-English speaking population comprises ten percent or less of the total population served by the water system, then the requirements of § 65-20-238(c)(2)(i)* do not apply and the water system does not need to insert the translation text in that particular language into its consumer confidence report. The Director may require an affidavit certifying that the particular non-English population comprises ten percent or less of the total population served, or may require additional documentation that supports such a claim.

 

*The original cites to “§ 2141.153(b)(i).” No such citation exists in the original. The Commission inserted the correct NMIAC citation.

 

(d)     Required additional health information (§ 2141.154)

The provisions of 40 CFR § 141.154 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Report delivery and recordkeeping (§ 2141.155)

The provisions of 40 CFR § 141.155 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Appendix A to subpart O of part 200 - regulated contaminants

The provisions of Appendix A to subpart O of 40 CFR part 141 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified 1 CMC § 3806(c), (e), (f), (g).

 

History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015); Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (f) by removing the July 1, 2004 reference and adding a 2007 Federal Register reference to subsection (d).

 

The 2015 amendments removed the language “, as amended in Federal Register Vol. 72 No. 195, October 10, 2007,” from subsection (d).

 

Subpart P -         Enhanced Filtration and Disinfection; Systems Serving 10,000 or More People

 

§ 65-20-240         Enhanced Filtration and Disinfection; Systems Serving 10,000 or More People (§ 2141.170 - § 2141.175)

 

(a)     General requirements (§ 2141.170)

The provisions of 40 CFR § 141.170 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Criteria for avoiding filtration (§ 2141.171)

The provisions of 40 CFR § 141.171 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Disinfection profiling and benchmarking (§ 2141.172)

The provisions of 40 CFR § 141.172 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Filtration (§ 2141.173)

The provisions of 40 CFR § 141.173 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Filtration sampling requirements (§ 2141.174)

The provisions of 40 CFR § 141.174 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Reporting and recordkeeping requirements (§ 2141.175)

The provisions of 40 CFR § 141.175 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (f) by removing the July 1, 2004 reference.

 

Subpart Q -        Public Notification of Drinking Water Violations

 

§ 65-20-242         Public Notification of Drinking Water Violations (§ 2141.201 - § 2141.211)

 

(a)     General public notification requirements (§ 2141.201)

The provisions of 40 CFR § 141.201 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Tier 1 public notice – form, manner, and frequency of notice (§ 2141.202)

The provisions of 40 CFR § 141.202 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Tier 2 public notice – form, manner, and frequency of notice (§ 2141.203)

The provisions of 40 CFR § 141.203 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Tier 3 public notice – form, manner, and frequency of notice (§ 2141.204)

The provisions of 40 CFR § 141.204 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Content of the public notice (§ 2141.205)

The provisions of 40 CFR § 141.205 of the National Primary Drinking Water Regulations are hereby adopted by reference, with the following additions.

 (1)    Garment manufacturing facilities. Public water systems regulated under § 65-20-242(a) that are garment manufacturing facilities with foreign contract workers must produce a fully translated public notice in the appropriate language for the majority of their workers, in addition to an English language version.

(2)     Other public water systems regulated under § 65-20-242(a) serving non-English speaking populations.

(i)      Any other public water system serving water to non-English speaking

users must either translate the document or insert the following or similar translation text into their public notice in all appropriate languages: “This notice contains important information about your drinking water. If you cannot read or understand it, contact <person’s name> at <location or phone number>.”

(ii)     If the public water system can sufficiently document to the Director that any non-English speaking population comprises ten percent or less of the total population served by the water system, then the requirements of § 65-20-242(e)(2)(i)* do not apply and the water system does not need to insert the translation text in that particular language into its public notice. The Director may require an affidavit certifying that the particular non-English population comprises ten percent or less of the total population served, or may require additional documentation that supports such a claim.

 

*The original cites to “§ 2141.205(b)(i).” No such citation exists in the original. The Commission inserted the correct NMIAC citation.

 

(f)      Notice to new billing units or new customers (§ 2141.206)

The provisions of 40 CFR § 141.206 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Special notice of the availability of unregulated contaminant monitoring results (§ 2141.207)

The provisions of 40 CFR § 141.207 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(h)     Special notice for exceedance of the SMCL for fluoride (§ 2141.208)

The provisions of 40 CFR § 141.208 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(i)      Special notice for nitrate exceedances above MCL by non-community water systems (NCWS), where granted permission by the primacy agency under Section 2141.11(d)* (§ 2141.209)

The provisions of 40 CFR § 141.209 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

* As stated in original; subsection (d) of § 2141.11 does not exist. The NMIAC cross reference for § 2141.11 is § 65-20-212(a).

 

(j)      Notice by primacy agency on behalf of the public water system (§ 2141.210)

The provisions of 40 CFR § 141.210 of the National Primary Drinking Water Regulations revised are hereby adopted by reference.

 

(k)     Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level (§ 2141.211)

The provisions of 40 CFR § 141.211 of the National Primary Drinking Water Regulations are hereby adopted by reference.            

 

(l)      Appendix A to subpart Q of part 200 - NPDWR violations and situations requiring public notice

The provisions of Appendix A to subpart Q of 40 CFR part 141 of the National Primary drinking Water Regulations are hereby adopted by reference.

 

(m)    Appendix B to subpart Q of part 200 - Standard health effects language for public notification

The provisions of Appendix B to subpart Q of 40 CFR part 141 of the National Primary Drinking Water Regulations hereby adopted by reference.

 

(n)     Appendix C to subpart Q of part 200 - list of acronyms used in public notification regulation

The provisions of Appendix C to subpart Q of 40 CFR part 141 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified 1 CMC § 3806(c), (e), (f), (g).

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (m) by removing the July 1, 2004 reference and adding a new subsection (k). The Commission redesignated former subsections (k) through (m) to (l) through (n).

 

Subpart R

 

[Reserved.]

 

History: Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Subpart S -         Ground Water Rule

 

§ 65-20-246         Ground Water Rule (§ 2141.400 - § 2141.405)

 

(a)     General requirements and applicability (§ 2141.400)

The provisions of 40 CFR § 141.400 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)      Sanitary surveys for ground water systems (§ 2141.401)

The provisions of 40 CFR § 141.401 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Ground water source microbial monitoring and analytical methods (§ 2141.402)

The provisions of 40 CFR § 141.402 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Treatment technique requirements for ground water systems (§ 2141.403)

The provisions of 40 CFR § 141.403 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Treatment technique violations for ground water systems (§ 2141.404)

The provisions of 40 CFR § 141.404 of the National Primary Drinking water Regulations are hereby adopted by reference.

 

(f)      Reporting and recordkeeping for ground water systems (§ 2141.405)

The provisions of 40 CFR § 141.405 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The 2008 amendments created Subpart S See 29 Com. Reg. at 27664 (Dec. 18, 2007). Following the summary of the proposed revisions to this chapter, DEQ published “a fact sheet from U.S.E.P.A. on each of the four Federal Drinking Water Rules,” including a fact sheet regarding the ground water rule. See 29 Com. Reg. 27626 and 27630-27639 (Dec. 18, 2007). The fact sheets are codified as Appendix C.

 

Subpart T -         Enhanced Filtration and Disinfection Systems Serving Fewer Than 10,000 People

 

§ 65-20-248         Enhanced Filtration and Disinfection Systems Serving Fewer Than 10,000 People (§ 2141.500 - § 2141.570)

 

(a)     General requirements (§ 2141.500)

The provisions of 40 CFR §§ 141.500-503 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Finished water reservoirs (§ 2141.510)

The provisions of 40 CFR §§ 141.510-511 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Additional watershed control requirements for unfiltered systems (§ 2141.520)

The provisions of 40 CFR §§ 141.520-522 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Disinfection profile (§ 2141.530)

The provisions of 40 CFR §§ 141.530-536 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Disinfection benchmark (§ 2141.540)

The provisions of 40 CFR §§ 141.540-544 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Combined filter effluent requirements (§ 2141.550)

The provisions of 40 CFR §§ 141.550-553 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Individual filter turbidity requirements (§ 2141.560)

The provisions of 40 CFR §§ 141.560-564 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(h)     Reporting and recordkeeping requirements (§ 2141.570)

The provisions of 40 CFR §§141.570-571 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments changed subsections (a) through (h) by removing the July 1, 2004 reference.

 

Subpart U -        Initial Distribution System Evaluations

 

§ 65-20-250         Initial Distribution System Evaluations (§ 2141.600 - § 2141.605)

 

(a)     General Requirements (§ 2141.600)

The provisions of 40 CFR § 141.600 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Standard Monitoring (§ 2141.601)

The provisions of 40 CFR § 141.601 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     System specific studies (§ 2141.602)

The provisions of 40 CFR § 141.602 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     40/30 certification (§ 2141.603)

The provisions of 40 CFR § 141.603 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Very small system waivers (§ 2141.604)

The provisions of 40 CFR § 141.604 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Subpart V compliance monitoring location recommendations (§ 2141.605)

The provisions of 40 CFR § 141.605 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments created Subpart U See 29 Com. Reg. at 27665-27666 (Dec. 18, 2007).

 

Subpart V – Stage 2 Disinfection Byproducts Requirements

 

§ 65-20-252         Stage 2 Disinfection Byproducts Requirements (§ 2141.620 - § 2141.629)

 

(a)     General Requirements (§ 2141.620)

The provisions of 40 CFR § 141.620 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Routine Monitoring (§ 2141.621)

The provisions of 40 CFR § 141.621 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Subpart V monitoring plan (§ 2141.622)

The provisions of 40 CFR § 141.622 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Reduced monitoring (§ 2141.623)

The provisions of 40 CFR § 141.623 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Additional requirements for consecutive systems (§ 2141.624)

The provisions of 40 CFR § 141.624 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Conditions requiring increased monitoring (§ 2141.625)

The provisions of 40 CFR § 141.625 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Operational evaluation levels (§ 2141.626)

The provisions of 40 CFR § 141.626 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(h)     Requirements for remaining on reduced TTHM and HAA5 monitoring based on subpart L results (§ 2141.627)

The provisions of 40 CFR § 141.627 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(i)      Requirements for remaining on increased TTHM and HAA5 monitoring based on subpart L results (§ 2141.628)

The provisions of 40 CFR § 141.628 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(j)      Reporting and recordkeeping requirements (§ 2141.629)

The provisions of 40 CFR § 141.629 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments created Subpart V See 29 Com. Reg. at 27666-27667 (Dec. 18, 2007).

 

Subpart W – Enhanced Treatment for Cryptosporidium

 

§ 65-20-254         Enhanced Treatment for Cryptosporidium (§ 2141.700 - § 2141.721)

 

(a)     General Requirements (§ 2141.700)

The provisions of 40 CFR § 141.700 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Source Water monitoring requirements (§ 2141.701)

The provisions of 40 CFR §§ 141.701-707 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     Disinfection profiling and benchmarking requirements (§ 2141.708)

The provisions of 40 CFR §§ 141.708-709 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Treatment technique requirements (§ 2141.710)

The provisions of 40 CFR §§ 141.710-714 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Requirements for microbial toolbox components (§ 2141.715)

The provisions of 40 CFR §§ 141.715-720 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Conditions requiring increased monitoring (§ 2141.721)

The provisions of 40 CFR §§ 141.721-722 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007).

 

Commission Comment: See the commission comment to § 65-20-201.

 

The 2008 amendments created Subpart W See 29 Com. Reg. at 27668 (Dec. 18, 2007). Following the summary of proposed revisions to this chapter, DEQ published “a fact sheet from U.S.E.P.A. on each of the four Federal Drinking Water Rules,” including fact sheets referring to treatment for Cryptosporidium. See 29 Com. Reg. 27626 and 27630-27639 (Dec. 18, 2007). The fact sheets are codified as Appendix C of this chapter.

 

Subpart X – Revised Total Coliform Rule

 

§ 65-20-256         Revised Total Coliform Rule (§ 2141.851 - § 2141.861)

 

(a)     General (§ 2141.851)

The provisions of 40 CFR § 141.851 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(b)     Analytical methods and laboratory certification. (§ 2141.852)

The provisions of 40 CFR § 141.852 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(c)     General monitoring requirements for all public water systems. (§ 2141.853)

The provisions of 40 CFR § 141.853 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(d)     Routine monitoring requirements for non-community water systems serving 1,000 or fewer people using only ground water. (§ 2141.854)

The provisions of 40 CFR § 141.854 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(e)     Routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water. (§ 2141.855)

The provisions of 40 CFR § 141.855 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(f)      Routine monitoring requirements for subpart H public water systems serving 1,000 or fewer people. (§ 2141.856)

The provisions of 40 CFR § 141.856 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(g)     Routine monitoring requirements for public water systems serving more than 1,000 people. (§ 2141.857)

The provisions of 40 CFR § 141.857 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(h)     Repeat monitoring and E. Coli requirements. (§ 2141.858)

The provisions of 40 CFR § 141.858 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(i)      Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination. (§ 2141.859)

The provisions of 40 CFR § 141.859 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(j)      Violations. (§ 2141.860)

The provisions of 40 CFR § 141.860 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

(k)     Reporting and recordkeeping. (§ 2141.861)

The provisions of 40 CFR § 141.861 of the National Primary Drinking Water Regulations are hereby adopted by reference.

 

Modified 1 CMC § 3806(a), (b), (g).

 

History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015).

 

Commission Comment: See Commission Comment to § 65-20-201. The 2015 amendments created a subpart designated as Subpart Y in the Commonwealth Register, which the Commission renumbered as Subpart X in the Code. See 37 Com. Reg. at 37098 (Oct. 28, 2015). Following the summary of proposed revisions to this chapter, DEQ published a “fact sheet from U.S.E.P.A. on Revised Total Coliform Rule.” See 37 Com. Reg. 37105–37107 (Oct. 28, 2015). The fact sheet is codified as Appendix E of this chapter. The Commission changed the capitalization of the subsection titles for the purpose of conformity. The Commission changed the federal regulation reference number “2141.851” in the title of subsection (b) to “2141.852” to correct a manifest error. The Commission corrected the spelling of the word “requirements” in the title of subsection (d) to correct a typographical error pursuant to 1 CMC § 3806(g). The Commission inserted spaces between section symbols and numbers and removed superfluous section symbols throughout the section to correct manifest errors.

 

Part 300 -  CNMI National Secondary Drinking Water Regulations

 

Subpart A -        National Secondary Drinking Water Regulations

 

§ 65-20-301         Referenced Version of 40 CFR § 143 and Purpose (§ 3141.0- § 3141.1)

 

(a)     Referenced version of 40 CFR § 143 (§ 3141.0)

All references to 40 CFR § 143 of the National Secondary Drinking Water Regulations mentioned in these CNMI Drinking Water Regulations refer to version as revised and codified as of July l , 2014.

 

(b)     Purpose (§ 3141.1)

The provisions of 40 CFR § 143.1 of the National Secondary Drinking Water Regulations are hereby adopted by reference, with the following addition.

(1)     Public water systems are not required to monitor for or comply with the secondary maximum contaminant levels. The National Secondary Drinking Water Regulations are provided only as guidelines for public water systems.

 

Modified 1 CMC 3806(g).

 

History: Amdts Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Amdts Proposed 37 Com. Reg. 37098 (Oct. 28, 2015); Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The original section number published by DEQ in the Commonwealth Register is provided in parentheses after the section titles in this part because these section numbers correspond to the federal drinking water regulations. The reference will assist users in identifying any local changes to the federal regulations adopted by reference.

 

The 2008 amendments changed this section and added a new section (§ 3141.0), which became subsection (a). The Commission redesignated former § 65-20-301 to subsection (b) and former subsection (a) became subsection (b)(1). The Commission changed the title of this section based on the 2008 amendments.

 

The Commission inserted a “§” in the title of subsection (a) to correct a manifest error. The December 2015 amendments changed the reference date in subsection (a) from July 1, 2007 to July 1, 2014.

 

§ 65-20-305         Definitions (§ 3141.2)

 

The provisions of 40 CFR § 143.2 of the National Secondary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

Commission Comment: See the commission comment to § 65-20-301.

 

The 2008 amendments changed this section by removing the July 1, 2004 reference.

 

§ 65-20-310         Secondary Maximum Contaminant Levels (§ 3141.3)

 

The provisions of 40 CFR § 143.3 of the National Secondary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-301.

 

The 2008 amendments changed this section by removing the July 1, 2004 reference.

 

§ 65-20-315         Monitoring (§ 3141.4)

 

The provisions of 40 CFR § 143.4 of the National Secondary Drinking Water Regulations are hereby adopted by reference.

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: See the commission comment to § 65-20-301.

 

The 2008 amendments changed this section by removing the July 1, 2004 reference.

 

Appendix A        National Primary Drinking Water Regulations 40 CFR § 141 July 1, 2007 and October 10, 2007

 

[See 29 Com. Reg. 27671- 27923 (Dec. 18, 2007)]

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005); Amdts Adopted 16 Com. Reg. 12445 (Sept. 15, 1994); Amdts Proposed 16 Com. Reg. 12141 (July 15, 1994).

 

Commission Comment: The July 2005 amendments published excerpts from 40 CFR 141, as revised and codified as of July 1, 2004, as appendix A to the Drinking Water Regulations. Due to the size of this document, it is not reproduced here. For a copy of 40 CFR 141 (July 1, 2004), see 27 Com. Reg. at 24222-24440 (May 18, 2005).

 

The 2008 amendments changed this appendix by publishing excerpts from 40 CFR § 141 as of July 1, 2007.

 

Appendix B        National Secondary Drinking Water Regulations 40 CFR § 143 July 1, 2007

 

[See 29 Com. Reg. 27624- 27928 (Dec. 18, 2007)]

 

History: Amdts Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Amdts Proposed 29 Com. Reg. 27623 (Dec. 18, 2007); Amdts Adopted 27 Com. Reg. 24679 (July 20, 2005); Amdts Proposed 27 Com. Reg. 24166 (May 18, 2005).

 

Commission Comment: The July 2005 amendments published excerpts from 40 CFR 143, as revised and codified as of July 1, 2004, as appendix B to the Drinking Water Regulations. Due to the size of this document, it is not reproduced here. For a copy of 40 CFR 143 (July 1, 2004), see 27 Com. Reg. At 24441-24443 (May 18, 2005).

 

The 2008 amendments changed this appendix by publishing excerpts from 40 CFR § 143 as of July 1, 2007.

 

Appendix C        U.S.E.P.A. Fact Sheets on the Four Federal

Drinking Water Rules

 

[See following pages. For original, see 29 Com. Reg. 27630- 27639 (Dec. 18, 2007)]

 

History: Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Proposed 29 Com. Reg. 27623 (Dec. 18, 2007).

 

 

27631_Page_127631_Page_227631_Page_327631_Page_427631_Page_527631_Page_627631_Page_727631_Page_827631_Page_9

 

 

 

 

 

 

Commission Comment:  Following the summary of the proposed revisions to this chapter, DEQ published “a fact sheet from U.S.E.P.A. on each of the four Federal Drinking Water Rules . . . for more in depth information about each of the rules.” 29 Com. Reg. 27626 (Dec. 18, 2007). These fact sheets comprise Appendix C.  See 29 Com. Reg. 27630-27639 (Dec. 18, 2007) for the original fact sheets.

 

Appendix D        Excerpts from the Federal Register dated October 10, 2007

 

[See 29 Com. Reg. 27929-27937 (Dec. 18, 2007)]

 

History: Adopted 30 Com. Reg. 28323 (Feb. 29, 2008); Proposed 29 Com. Reg. 27623 (Dec. 18, 2007).

 

Commission Comment: In July 2005, DEQ repromulgated the Drinking Water Regulations in their entirety with numerous structural changes and amendments. The 2005 Drinking Water Regulations are codified, as amended, in this chapter. Previous history is cited in limited sections where applicable. DEQ amended numerous provisions of this subchapter and added additional sections in February 2008.

 

The February 2008 amendments published excerpts from the Federal Register dated October 10, 2007. Due to the size of the document, it is not reproduced here. For a copy, see 29 Com. Reg. 27929-27937 (Dec. 18, 2007).

 

Appendix E        U.S.E.P.A. Fact Sheet on Revised Total Coliform Rule

 

[See following pages. For original, see 37 Com. Reg. 37105–37107 (Oct. 28, 2015)]

 

History: Adopted 37 Com. Reg. 37300 (Dec. 28, 2015); Proposed 37 Com. Reg. 37098 (Oct. 28, 2015).


 

 



CHAPTER 65-30

EARTHMOVING AND EROSION CONTROL REGULATIONS

 


Part 001     General Provisions

§ 65-30-001         Authority

§ 65-30-005         Purpose

§ 65-30-010         Definitions

§ 65-30-015         General Provisions

 

Part 100     Permit System

§ 65-30-101         Permits Required

§ 65-30-105         Permit Procedure

§ 65-30-110         Undue Procedural Requirements

 

Part 200     Required Investigations, Reports and Plans

§ 65-30-201         General Requirements of Subsurface Investigations

§ 65-30-205         Specific Requirements of Subsurface Investigations

§ 65-30-210         Additional Investigations and Reports

 

Part 300     Standards of Grading, Filling and Clearing

§ 65-30-301         Criteria for Grading, Filling, and Clearing Operations

§ 65-30-305         Discharge Prohibitions

§ 65-30-310         Dust Control

§ 65-30-315         Prohibition of Grading During Inclement Weather and the Annual Coral Spawning Event

§ 65-30-320         Schedule of Operations

§ 65-30-325         Disposal of Cleared Vegetation

§ 65-30-330         Disposal of Removed Earthen Materials

§ 65-30-335         Cuts

§ 65-30-340         Fill

§ 65-30-345         Certification of Erosion Control Specialists

 

Part 400     Restriction of Vehicles to Graded Areas

§ 65-30-401         Restriction of Vehicles to Graded Areas

 

Part 500     Action on Applications

§ 65-30-501         Additional Information

§ 65-30-505         Action on Permit Applications

§ 65-30-510         Incomplete Applications

§ 65-30-515         Appeal of Permit Decision

§ 65-30-520         Transfer of Permits

§ 65-30-525         Amendment of Permits

 

Part 600     Inspections and Right of Entry

§ 65-30-601         Inspection Condition of Permit

§ 65-30-605         Searches Under Court Order or Warrant

§ 65-30-610         Searches Without Court Order or Warrant

§ 65-30-615         Inspections at Reasonable Times

§ 65-30-620         General Inspections

§ 65-30-625         Notification

§ 65-30-630         Inconsistent Conditions

§ 65-30-635         Inspection of Concealed Work

§ 65-30-640         Duty to Provide Information

 

Part 700     Penalties, Fines, Suspension, Revocation, and Other Orders

§ 65-30-701         Instituting Actions

§ 65-30-705         Civil Actions in the Commonwealth Courts

§ 65-30-710         Issuance of Administrative Orders

§ 65-30-715         Procedures for Administrative Orders

§ 65-30-720         Suspension, Revocation, or Modification

§ 65-30-725         Additional Penalties

§ 65-30-730         Knowing and Willful Violations

 

Part 800     Miscellaneous Provisions

§ 65-30-801         Severability


 

Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135.

Chapter History: Amdts Adopted 36 Com. Reg. 35402 (Aug. 28, 2014); Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: PL 3-23 (effective Oct. 8, 1982), the “Commonwealth Environmental Protection Act,” codified as amended at 1 CMC §§ 2646-2649 and 2 CMC §§ 3101-3135, created the Division of Environmental Quality (DEQ) within the Department of Public Health and Environmental Services. See 1 CMC § 2646. The act authorized the Chief (now the Director) of the Division to administer, implement and enforce specific powers and duties relating to environmental protection and to develop rules and regulations to implement PL 3-23 and other laws administered by the Division. See 1 CMC §§ 2647 and 2648. PL 3-23 § 7, 2 CMC § 3121, granted the Director of the Department of Public Health and Environmental Services the exclusive power to issue regulations pursuant to the act.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(d):

 

Section 304. Department of Public Works.

 

 

(d)    Environmental Quality. The Division of Environmental Quality is transferred from the Department of Public Health to the Department of Public Works. To the maximum extent practicable, the Secretary of Public Works shall integrate land-based earth moving permits into the building permit process.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-108 (effective Dec. 3, 1999) repealed Executive Order 94-3 § 304(d) in its entirety. See PL 11-108 § 2. PL 11-108 “reclassified [the Division of Environmental Quality] as an independent regulatory agency, acting from within the office of the Governor” and placed all administrative duties and authority with regards to DEQ with the Governor or his designee. PL 11-108 §§ 1 and 3, codified at 1 CMC § 2650.

 

Executive Order No. 2013-24, promulgated at 35 Com. Reg. 34596 (Nov. 28, 2013), established a new Bureau of Environmental and Coastal Quality. This Order reorganized the Division of Environmental Quality as a division of the Bureau of Environmental and Coastal Quality, and provided that “all rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Executive Order shall continue to be effective until revised, amended, repealed or terminated.”

 

Part 001 - General Provisions

 

§ 65-30-001         Authority

 

The rules and regulations in this chapter have been promulgated by the Division of Environmental Quality in accordance with the Commonwealth Environmental Protection Act, 2 CMC §§ 3101 to 3134 (Public Law 3-23, as amended), of the Commonwealth of the Northern Mariana Islands. These rules, regulations, technical provisions, and specifications, to be adopted by the Division of Environmental Quality as necessary, shall have the force and effect of law and shall be binding on all persons and other legal entities subject to the jurisdiction of the Commonwealth of the Northern Mariana Islands Division of Environmental Quality.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The Commission inserted commas between “Act” and “2” and after “(Public Law 3-23).”

 

The 1986 and 1993 regulations readopted and republished the Earthmoving and Erosion Control Regulations in their entirety. The Commission, therefore, cites the 1986 and 1993 regulations in the history sections throughout this chapter.

 

§ 65-30-005         Purpose

 

(a)     The purpose of the regulations and technical provisions in this chapter is to establish certain minimum standards and requirements as determined by the Division to be necessary for control of nonpoint source runoff from human-related activities. Specifically, these regulations are designed to:

(1)     Protect marine and fresh water quality;

(2)     Maintain and enhance beneficial uses of marine and fresh waters;

(3)     Promote public awareness of the importance of protecting the CNMI’s marine and fresh water resources from siltation, and bacteriological, and chemical contamination; and

(4)     Protect public health by protecting and enhancing the quality of marine and fresh water recreational and traditional fishing sites.

 

(b)     As with all of the Division of Environmental Quality regulations, the design standards and details described in the regulations in this chapter and in the permitting processes are for minimum standards necessary to protect public health and the environment. The ultimate responsibility of the project lies with the applicant, the Division assumes no responsibility for design failures of systems reviewed by the Division. Each design must be designed for the specific site location.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: This section was originally part of former part 1, codified at § 65-30-001. The 1993 amendments moved the provision to a separate section and added new subsections (a) through (e). The 2014 amendments redesignated the subsections as (a)(1) through (a)(4) and (b).

 

§ 65-30-010         Definitions

 

(a)     “Abutting property” means any property which shares a common boundary, or one which lies directly across a public right of way, from the subject property.

 

(b)     “Act” means the Commonwealth Environmental Protection Act, 2 CMC §§ 3101 to 3134 (Public Law 3-23, as amended), of the Commonwealth of the Northern Mariana Islands.

 

(c)     “Beneficial use” shall include the use of water reasonably required for domestic, agriculture, commercial, industrial, recreational, and other purposes, on both public and private lands.

 

(d)     “Building” means a structure having a roof and intended to shelter people, animals, property, or business activity, or any structure used or intended to be used for supporting or sheltering any use or occupancy.

 

(e)     “Clearing of vegetation” means total or partial removal of naturally occurring vegetation on an area of land, by mechanical or non-mechanical means, if it may potentially result in soil erosion.

 

(f)      “CNMI” means the Commonwealth of the Northern Mariana Islands.

 

(g)     “Contamination” means the introduction of any physical, chemical, biological, or radiological substance into surface water which has the potential to pose a threat to human health or the environment, or to impede the most beneficial use of water.

 

(h)     “CUC” means the Commonwealth Utilities Corporation, a public authority currently providing currently treatment for domestic and industrial wastewater.

 

(i)      “Director” means the Director of the Division of Environmental Quality or the Director’s duly authorized representative unless otherwise specified.

 

(j)      “Division” or “DEQ” means the Division of Environmental Quality unless otherwise specified.

 

(k)     “Duplex” means a building which two single family dwelling units are attached to each other and which are detached from any other dwelling or commercial building.

 

(l)      “Earthmoving activity” means any construction or other activity which disturbs or alters the surface of the land, a coral reef, or bottom of a lagoon, or ocean floor, including but not limited to clearing of vegetation, excavations, dredging, embankments, land reclamation in a lagoon, land development, subdivision development, mineral extraction, ocean disposal and the moving, depositing or storing of soil, rock, coral or earth; or sand mining.

 

(m)    “Erosion control specialist” or “Specialist” means any person certified as such by the Division following the requirements given in § 65-30-345.

 

(n)     “Fill” means any rock, soil, gravel, sand, or other material deposited by man.

 

(o)     “Grading” means cutting through, altering, or otherwise disturbing the layers of the soil mantle so as to change the topography of the existing landform.

 

(p)     “IWDS” means individual wastewater disposal system. See the CNMI’s IWDS Regulations [NMIAC, title 65, chapter 120].

 

(q)     “NPDES” means national pollutant discharge elimination system under the federal Clean Water Act, 33 U.S.C. § 1251 et seq. A federal NPDES permit is required for all municipal and industrial waste and waste treatment plant discharges to the waters of the Commonwealth and certain industrial facilities and construction projects depending on type and size.

 

(r)      “Permit” as used in the regulations in this chapter shall mean an earthmoving and erosion control permit.

 

(s)      “Person” means any individual; firm; partnership; association; corporation — both public and private — and any entity or agency of the Commonwealth government or the United States of America.

 

(t)      “Sand mining” means the taking of any rock, sand, gravel, or other material from any site, including but not limited to all areas from the landward vegetation line to the seaward outer slope of the barrier or fringing reef.

 

(u)     “Single family dwelling” means a building designed exclusively for the occupancy of one family which is detached from any other dwelling or commercial building.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments added former subsections (a), (b), (c), (d), (f), (g), (k), (l), (p), (q), (r), (w), (x), (y), (z), (aa), (bb), (dd), (ff), (gg), (hh), (ii) and (jj), deleted former subsection (l) and renumbered the remaining provisions accordingly. The 1993 amendments also amended former subsections (h), (j), (m), (n), (o), (s), (cc) and (ee). The 2014 amendments added new subsection (m) and removed former subsections (a), (d), (e), (h), (m), (p), (r), (u), (w), (y), (z), (dd), (gg), (hh), (ii), and (jj).

 

§ 65-30-015         General Provisions

 

Construction and maintenance of any landfills; excavations, cuts, grading, clearing of vegetation, and revegetation of cleared areas; and all other earthmoving activities or activities that may cause erosion of soils shall be in compliance with the terms of the regulations in this chapter. Permits shall be required as provided in this chapter and such permits shall be granted or denied in conformity with the provisions of the regulations in this chapter. Regardless of the requirement for a permit, all activities shall be conducted in a manner that minimizes erosion.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former section 2.1, entitled “Compliance.” See 8 Com. Reg. at 4588 (Sept. 15, 1986); 6 Com. Reg. at 2726 (Apr. 15, 1984). The 1993 amendments moved former § 2.2, entitled “Interpretation and Severability,” to § 65-30-801 and moved § 2.3, entitled “Permit Surrender,” to § 65-30-110.

 

Part 100 - Permit System

 

§ 65-30-101         Permits Required

 

(a)     No earthmoving or landclearing activity shall take place unless clearance has been obtained from the CNMI Historic Preservation Office in accordance with applicable law. Until this clearance has been obtained no person shall commence or continue any earthmoving activity including grading, excavating, filling, or clearing of vegetation, and no activity shall take place without having first obtained a permit in accordance with the regulations in this chapter. Approvals from other agencies (e.g. Zoning Office, Coastal Resources Management Office, and Department of Lands and Natural Resources, Division of Fish and Wildlife) may also be required prior to issuing a permit.

 

(b)     All permits shall expire in one year unless otherwise specified in the permit. Permits may not be granted for longer than a two year period. Extensions may be granted thirty days prior to a permit’s expiration. Through permit renewal requests, a permit may never be active for a period longer than three years.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1993 amendments added new subsection (b), moved parts of former subsection (b) to § 65-30-105(c) and amended subsection (a). The Commission inserted a comma after the word “filling” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 65-30-105         Permit Procedure

 

(a)     General Requirements

(1)     No person shall commence or continue any of the following: grading, filling, or clearing of vegetation without first obtaining a permit from DEQ, except that:

(i)      Permits are not required for projects of less than one hundred square meters and a grade less than three percent slope. DEQ may, however, require persons to submit erosion control plans for review and approval on a case by case basis depending on the specific project’s potential environmental impacts; and

(ii)     Permits are not required for projects for the construction of individual wastewater disposal systems, where the project has been permitted by the Director of DEQ. This applies only to the construction of the individual wastewater disposal systems portion of the project.

(2)     Signatory Requirements

(i)      Applications. All permit applications shall be signed as follows:

(A)    For corporations: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation.

(B)    For a partnership or sole proprietorship: by a general partner or proprietor; or

(C)    For any permittee, an authorized representative may sign the permit, if a responsible corporate officer, general partner, proprietor, or individual has provided DEQ with a signed, written delegation of authority, specifically delegating his authority to the authorized representative and acknowledging that the authorized representative is acting on his behalf.

(ii)     Reports. All reports required by the terms of a permit and other information requested by the Director of DEQ shall be signed by a person described in subsection (a)(2)(i) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(A)    The authorization is made in writing by a person described in subsection (a)(2)(i) of this section;

(B)    The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and

(C)    The written authorization is submitted to the Director of DEQ.

(iii)    Changes to authorization. If an authorization under subsection (a)(2)(ii) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (a)(2)(ii) of this section must be submitted to the Director of DEQ prior to or together with any reports, information, or applications to be signed by an authorized representative.

(iv)    Certification. Any person signing a document under subsections (a)(2)(i) or (a)(2)(ii) of this section shall make the following certification:

This application and the attachments constitute my “One Start” Permit Application Package and Fee for review, as required by the DEQ Earthmoving Regulations. I agree to conduct the proposed earthmoving in accordance with the law and regulation that governs the CNMI and to comply with any conditions that may be specified in the permit issued by the Division of Environmental Quality. I also understand that any knowing and willful false statement, representation, or answer on this application may be considered grounds for permit denial and/or a civil or criminal penalty not to exceed $50,000.00 or one (1) year imprisonment or both.

 

(b)     Application Form and Erosion and Sediment Control Plan for Permits for Commercial Use

Applicants for a permit shall submit an application to DEQ upon a form prescribed by DEQ in duplicate. Applicants for a permit shall furnish to DEQ an informational report, as described in this section, prepared by individuals qualified by training and experience to have knowledge of the subject. DEQ shall determine the adequacy of the report and may require the submission of additional information where necessary. The report shall provide the following information, except to the extent that DEQ determines that such information is not applicable to the project:

(1)     A temporary erosion and sediment control plan in conformity with the following requirements;

(i)      The plan shall be prepared and certified by a qualified registered professional engineer with seal and signature as specified in NMIAC § 125-20.1-705 of the Regulations of the Board of Professional Licensing for Engineers, Architects, Land Surveyors, and Landscape Architects;

(ii)     The details of calculations and reference sources of information must be provided;

(iii)    Plans must be based on the 25 year 24 hour duration storm event;

(iv)    Conveyance structures must be based on the 25 year 24 hour storm event peak discharge;

(v)     Sediment control structures (e.g. ponding basins, sediment basins/traps) must be designed for the 25 year 24 hour storm event. Designs may be based on either:

(A)    Minimum of 24 hour detention time including sediment storage volume; or

(B)    Sediment removal rate of not less than 75%;

(vi)    A map clearly depicting the land capabilities of the property on which the grading is to be performed, including the applicable soil name, soil group, hydrologic group, slope, runoff potential, soil depth, erosion potential, and natural drainage;

(vii)   A map clearly depicting accurate contours at two foot intervals showing the topography of the ground to be cleared, graded, or filled. The map shall extend beyond the site to be developed far enough so that any impact of erosion from the site and its deposition on adjacent properties may be assessed;

(viii)  A subsurface soil and geological report including subsurface investigations, if such report is required by the Director. The report shall be done pursuant to part 200 of these regulations;

(ix)    An accurate plot plan showing the exterior boundaries of the property on which the grading is to be performed. This plot plan shall include a grading plan prepared in accordance with engineering and planning practices, applicable codes and restrictions imposed by the recommendations of the subsurface soil and geological report;

(x)     Elevations and dimensions, including quantity, location, and extent of proposed grading;

(xi)    Location, construction, and maintenance of sediment retention structures and equipment.

(xii)   A site plan, which shall specify:

(A)    The type, dimensions, and location of all sediment retention or stormwater management structures and equipment;

(B)    The construction sequence of erosion control structures coordinated with the increment development schedule; and

(C)    A maintenance program for the control facilities during the construction phase. The plan shall include plans for the removal and disposal of materials from the control facilities on the project area.

(xiii)  A map and report showing existing tree locations, size (diameter and height), species, and the proposed extent and manner of tree cutting and vegetation clearing, including a plan for disposing of cut trees and vegetation and protection of vegetation remaining on site;

(xiv)  A description of equipment and methods to be employed in disposing of soil and other material that is removed from the grading site;

(xv)   A schedule showing when each stage of the project will be completed, and all clearing, grading, and stabilization operations shall be completed on a specified increment before moving on to the next specified increment. The schedule must detail the plan for eliminating erosion during the Commonwealth’s rainy season (June through December);

(xvi)  All earthmoving activities shall cease during storms. Extra measures and precautions must be taken to eliminate erosion during these periods;

(xvii) Extra measures and precautions must be taken to eliminate erosion during a three week period surrounding the annual coral spawning event (typically in June or July). The extra measures may include ceasing earthmoving activities in areas that are either highly erodible or near the coast. The actual date shall be determined by the Director;

(xviii)          A slope stabilization and re-vegetation plan, with the following features;

(A)    The applicant shall submit a slope stabilization and re-vegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and its disposal, the vegetation to be planted, erosion control and slope stabilization measures to be installed; and,

(B)    The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality, and fish and wildlife;

(xix)  A copy of the approved erosion control plan must be kept at the project site;

(xx)   Inspection and maintenance plan for all erosion control measures. The plan shall include at a minimum:

(A)    Weekly visual inspections of all physical erosion control measures;

(B)    Inspection of all physical erosion control measures after each and every major rainfall event;

(C)    Maintenance records for the physical erosion control measures; and

(D)    Copies of all inspections and maintenance reports shall be kept on file at the project site.

(xxi)  The plan shall specify at least one erosion control specialist who will oversee the installation and daily implementation of the temporary erosion control plan. The designated erosion control specialist must be present during all site inspections when advance notice has been given;

(xxii) Any additional information requested by DEQ that may be relevant to the specific construction and maintenance activities identified in this subsection; and

(xxiii)          All maps and site plan drawings prepared to comply with this subsection shall be prepared using a computer-based drawing tool such as Auto-CAD.

(2)     A permanent storm water control plan for the project after the construction is complete. The plan must comply with subsection (b)(1) excluding subsection (b)(1)(xx).

(3)     A long-term stormwater maintenance plan, describing the necessary inspection and maintenance procedures that shall be carried out by the owner of the building or structure throughout the lifetime of the building once earthmoving activity has ceased. This plan shall include:

(i)      Detailed inspection procedures for the stormwater infrastructure;

(ii)     The required frequency of inspection and maintenance; and

(iii)    Procedures for ensuring that the infrastructure remains in working condition.

(4)     Application Fee

A non-refundable application fee must accompany all applications prior to DEQ reviewing the application. The application fee shall be as follows:

 

Project Area

 

Fee

Up to 1 hectare

 

$150.00

Greater than 1 hectare

Less than or equal to 5 hectare

$450.00

Greater than 5 hectare

Less than or equal to 15 hectare

$850.00

Greater than 15 hectare

Less than or equal to 50 hectare

$3,000.00

Greater than 50 hectare

Less than or equal to 100 hectare

$6,000.00

Greater than 100 hectare

Less than or equal to 200 hectare

$10,000.00

Greater than 200 hectare

 

$15,000.00

 

(5)     Proof of title or lease to the land authorizing applicant to conduct such activities.

(6)     Applicant’s signature on the application or a representative’s signature. A representative’s signature will only be accepted with a legal instrument granting the representative power to act for the applicant in such matters. The legal instrument will not preclude DEQ from taking action against either the representative or the applicant in the event of violations.

(7)     Other assurances necessary to ensure that the applicant abides by the plans may be required on a case by case basis, where applicant has a prior history of noncompliance.

(8)     Applicants for projects of one acre (0.404 hectares) or greater may be required to obtain an NPDES permit.

(9)     Applicants must provide either proof of the ability to hook-up to CUC sewer system or a completed individual wastewater disposal system (IWDS) application.

(10)   Applicant must provide proposed public safety measures (e.g. fencing and barricades) for the construction area.

 

(c)     Non-commercial, Agricultural, and Exploratory Permits

Projects of a non-commercial nature require a permit but and a reduced permit fee and generally require less information submitted as part of the application. All earthmoving activities not defined under this section shall be considered to be commercial earthmoving unless the Director determines otherwise based on information submitted by the applicant.

(1)     Definition of a non-commercial, agricultural, or exploratory activity under this section:

(i)      The work is an exploratory excavation under the direction of a soils engineer or geologist not to exceed an aggregate area of one hundred square meters;

(ii)     The work is for field plowing or agricultural purposes;

(iii)    The work is for the purpose of erecting a single family dwelling or a duplex;

(iv)    The work is the clearing of vegetation for site inspection (i.e. transit survey or topographical survey limited to necessary area to conduct work) which does not exceed two thousand square meters in area and there is sufficient prevention of erosion, and the applicant can demonstrate to DEQ that there will be no adverse environmental impact to any surface water as a result of the earthmoving activity; or

(v)     The work is by a public agency (but not by a contractor for a government agency).

(2)     Application Form and Erosion and Sediment Control Plan for Permits for Non-commercial Use

Applicants for a permit shall submit an application to DEQ upon a form prescribed by DEQ in duplicate. Applicants for a permit shall furnish to DEQ the following information:

(i)      A completed earthmoving and erosion control application;

(ii)     Proof of title or lease to the land and authorization to conduct such activities;

(iii)    An erosion and sediment control plan, which shall include the following information and feature;

(A)    Temporary sediment control structures to prevent the discharge of sediment from the site during construction;

(B)    A site development plan showing the locations of all proposed structures;

(C)    All earthmoving activities shall cease during storms. Extra measures and precautions must be taken to eliminate erosion during these periods;

(D)    Extra measures and precautions must be taken to eliminate erosion during a three week period surrounding the annual coral spawning event (typically in June or July). The extra measures may include ceasing earthmoving activities in areas that are either highly erodible or near the coast. The actual date shall be determined by the Director;

(E)     A copy of the approved erosion control plan must be kept at the project site; and,

(F)     Any additional information requested by DEQ, which may be relevant to the specific construction and maintenance activities identified in this subsection.

(iv)    A map clearly depicting:

(A)    An accurate plot plan showing the exterior boundaries of the property on which the grading is to be performed;

(B)    Elevations and dimensions including quantity, location, and extent of proposed grading;

(C)    Existing tree locations, size, species, and the proposed extent and manner of tree cutting and vegetation clearing; and,

(D)    Where cut and fills are planned, the applicant must address the impacts on the adjacent lots.

(3)     Application Fee. A non-refundable application fee of $25.00 must accompany non-commercial applications covered by this section prior to DEQ reviewing the application, except when the work is done by a public agency. In cases where the work is done by a public agency, the application fee shall be waived.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The paragraphs of subsection (b)(1)(xii) were not designated. The Commission designated subsections (b)(1)(xii)(A) through (C).

 

The 1993 amendments deleted subsection (a)(1)(i) and added new subsections (a)(1)(iii) through (a)(1)(v), (a)(2), (b)(1)(ii) through (v), (b)(1)(xvi), (b)(1)(xvii), (b)(1)(xix) and (xx), (b)(2) through (b)(9) and (c). The 1993 amendments also moved subsections (c)(1)(i) through (c)(1)(v) from former section 4.1.1(a)-(f). See 8 Com. Reg. at 4590 (Sept. 15, 1986); 6 Com. Reg. at 2728 (Apr. 15, 1984). The 2014 amendments deleted former subsections (a)(1)(i), (a)(1)(ii), (a)(1)(v), (c)(2)(iv)(A), and (c)(2)(iv)(E), and added subsections (a)(2)(i)(C), (b)(1)(xxi) through (b)(1)(xxiii), (b)(3), (c)(2)(iii)(A) through (c)(2)(iii)(F), and (c)(3).

 

§ 65-30-110         Undue Procedural Requirements

 

DEQ may take administrative action to relieve an applicant of undue procedural requirements by utilizing such devices as permit surrender and consolidated permit applications upon a finding that such actions will be in the best interest of the Commonwealth and will meet any applicable law standards or regulation in force.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 2.3. See 8 Com. Reg. at 4588 (Sept. 15, 1986); 6 Com. Reg. at 2726 (Apr. 15, 1984).

 

Part 200 - Required Investigations, Reports and Plans

 

§ 65-30-201         General Requirements of Subsurface Investigations

 

Subsurface soil and geological report shall be performed throughout the area to sufficiently describe the existing conditions.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-205         Specific Requirements of Subsurface Investigations

 

(a)     Subsurface investigation shall be conducted whether the use is commercial or noncommercial and a subsurface soil and geological report shall be prepared, where stability may be lessened by the proposed grading or filling or when such grading or filling will be performed at any of the following locations:

(1)     Zones of trapped water or high water table;

(2)     Where a fill slope is to be placed above a cut slope;

(3)     Where pile driving is to be conducted;

(4)     Proposed or existing fills exceeding twenty feet in height;

(5)     Proposed or existing cuts exceeding twenty feet in height, unless in extremely competent rock;

(6)     Where fills are to be placed on existing slopes steeper than sixteen percent;

(7)     Where excavation causes the slope to exceeds a one-to-one (45° or 100% slope).

 

(b)     Where any of the particular problem areas listed above or other significant problems are found, the subsurface investigation shall be of sufficient scope and detailed to describe the problem thoroughly. The person making the report shall submit a written report of findings and recommendations.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The final paragraph was not designated. The Commission designated it subsection (h).

 

The 1986 amendments amended former subsection (g). The 1993 amendments amended the opening paragraph and former subsection (f), added former subsection (g) and redesignated former subsection (h) accordingly. The 2014 amendments redesignated former subsections (b) through (g) as subsections (a)(1) through (a)(7).

 

§ 65-30-210         Additional Investigations and Reports

 

When requested by DEQ, the applicant shall procure and furnish, at applicant’s expense, additional engineering, geologic, and ownership reports, plans or surveys, and other material necessary to determine and evaluate site conditions and the effect of the proposed work on abutting properties public ways and public welfare and safety within the purposes of the regulations in this chapter.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Part 300 - Standards of Grading, Filling and Clearing

 

§ 65-30-301         Criteria for Grading, Filling, and Clearing Operations

 

(a)     All grading, filling, and clearing operations, whether or not requiring a permit under the regulations in this chapter, shall be designed as follows:

(1)     To preserve, match, or blend with the natural contours and undulations of the land;

(2)     To retain trees and other native vegetation, to stabilize hillsides, retain moisture, reduce erosion, siltation and nutrient runoff and preserve the natural scenic beauty;

(3)     To minimize scars from cuts and fills;

(4)     To reduce the amount of cuts and fills and to round off sharp angles at the top, bottom (toe) and sides of all necessary cut and fill slopes;

(5)     To limit development on steep terrain;

(6)     To take into consideration geologic fragileness and adverse soil conditions and their effect on the future stability of the development;

(7)     To assure that all cleared slopes, cuts, and fills and other areas vulnerable to erosion shall be stabilized;

(8)     To assure that construction, clearing of vegetation, or disturbance of the soil will be limited to those areas of proven stability;

(9)     To assure that the natural geological erosion of hillsides, slopes, graded areas, cleared areas and filled areas, will not be exceeded; and

(10)   To assure that sediment or other material deposited in the marine waters or coastline, or any other public or private lands will not exceed that which would have been deposited if the land had been left in its natural state.

 

(b)     All projects must meet the standards set forth in 2.1 and 2.2 of the 2006 CNMI and Guam Stormwater Management Manual, specifically E&SC Standards 1-11 and Post-construction Standards 1-13. The Manual is attached as Appendix 1. The remainder of the Manual provides guidance for complying with the standards. Temporary and permanent project construction shall reflect all of the applicable stormwater control standards as set forth in the standards referenced above.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments amended former subsection (d). The 2014 amendments added subsection (b). Appendix 1 was not attached to the original regulation.

 

§ 65-30-305         Discharge Prohibitions

 

(a)     Direct Discharge

No person shall discharge solid or liquid waste or materials including soil, silt, clay, sand, and other organic or earthen materials into the lagoon, ocean, or coastline, surface waters such as lakes, wetlands, streams or springs, or other people’s property without a permit.

 

(b)     Indirect Discharge

No material shall be placed near the coastline or ocean water, wetlands, streams, springs, or lakes in such a manner that it would be susceptible to erosion and/or deposition into said waters.

 

(c)     Discharge Control Devices

In order to prevent such discharges from occurring, approved erosion and siltation control devices and measures shall be required for all grading and filling. Control devices and measures which may be required include, but are not limited to the following:

(1)     Energy absorbing devices to reduce the velocity of runoff waters;

(2)     Sedimentation controls such as desilting basins and catch basins;

(3)     Removal of trapped sediment to a site approved by DEQ;

(4)     Dissipation of water runoff from developed areas into drainage fields to dissipate the runoff into the subsoil;

(5)     Discharge of water runoff from developed areas into drainage fields to dissipate the runoff into the subsoil;

(6)     Multiple discharge points to reduce the volume of runoff over the localized discharge areas; and,

(7)     Physical erosion control devices.

 

(d)     Temporary Control

Approved temporary erosion and sedimentation control devices, facilities, and measures shall be required during construction.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments amended subsection (a), the opening paragraph of subsection (c) and subsections (c)(3) through (c)(5).

 

§ 65-30-310         Dust Control

 

Whenever the ground cover is removed or disturbed or whenever fill material is placed on the site, the exposed surface shall be treated to the extent necessary to eliminate dust arising from the exposed material.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-315         Prohibition of Grading During Inclement Weather and the Annual Coral Spawning Event

 

Grading, filling, clearing of vegetation, or other disturbance of soil are prohibited during inclement weather and for resulting period of time when the site is in a saturated, muddy, or unstable condition. Whenever practicable, major earthmoving should be scheduled to coincide with the dry season. All earthmoving activities shall cease during storms and during a three week period surrounding the annual coral spawning event. Extra measures and precautions must be taken to eliminate erosion during these periods.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-320         Schedule of Operations

 

All grading and filling operations shall proceed according to a work schedule included in the grading plan. The schedule shall be prepared to provide for the shortest possible period of time that exposed soil is unprotected.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-325         Disposal of Cleared Vegetation

 

Vegetation removed during clearing operations shall be disposed of by stockpiling it on the site for use as mulch or compost, or shall be disposed of in a manner and at a location approved by the DEQ.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-330         Disposal of Removed Earthen Materials

 

Earthen materials removed during operations hereunder shall be disposed of as follows:

 

(a)     By stockpiling all or some of the top soil on the site for use on areas to be re-vegetated; or

 

(b)     By disposal of the material at a location approved by the DEQ.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

§ 65-30-335         Cuts

 

(a)     Maximum Slope

The maximum cut slope shall be determined on the basis of the risk of soil instability or soil erodibility as shown by the information report, the subsurface soil and geological report or other available information.

 

(b)     Slope Materials

If the material of the slope is of such composition and character as to be unstable under the maximum moisture content anticipated, DEQ shall require such measures as necessary in order to insure the stability of the slope.

 

(c)     Mechanical Stabilization

Where mechanical stabilization or containment of the slope by the use of non-native material is employed, the stabilization devices shall be at least partially screened by vegetation.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments amended subsection (b). The 2014 amendments amended subsection (c).

 

§ 65-30-340         Fill

 

(a)     Maximum Slope

The maximum fill slope shall be determined on the basis of the risk of instability or soil erodibility as shown by the information report, the subsurface soil and geological report or other available information.

 

(b)     Fill Material

Any material not subject to proper compaction or not conducive to stability shall not be permitted in fills.

 

(c)     Compaction

Each layer of material for fill shall be compacted to relative compaction of not less than ninety percent ASTM–D1557-70 as certified by the applicant to DEQ. Fills and backfills must be compacted at a minimum of every ten inch horizontal layer to ensure that the total fill is compacted to the above referenced ninety percent.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments amended subsections (b) and (c).

 

§ 65-50-345         Certification of Erosion Control Specialists

 

(a)     General Provisions

(1)     The purpose of this subsection is to assure that all earthmoving activities are performed under the supervision of individuals who are trained and certified with the knowledge and understanding of the erosion control standards.

(2)     No later than July 1, 2014, all earthmoving activity shall have a certified erosion control specialist to oversee the implementation of any erosion and sediment control plan.

(3)     The Division may charge reasonable fees to cover the expenses of the certification program. These fees may include an initial application fee for new applicants, an exam fee if an exam is to be administered, and a renewal fee for a specialist who is already certified. The Division shall provide a written schedule of current fees, published in the Commonwealth Register.

 

(b)     Certification Requirements

(1)     A person seeking certification under this regulation shall submit an application to the Division on a form approved by the Division.

(2)     The Division will certify an applicant who has met the requirements of subsection (c).

 

(c)     Examination Requirements

(1)     To be certified as an erosion control specialist, a person must pass the DEQ-administered “Erosion & Sediment Control Certification Exam” to demonstrate the person’s skills, knowledge, ability, and judgment in erosion control practices.

(2)     The person must obtain a minimum score of 70% on the exam in order to pass the examination.

(3)     A person may not take the same certification exam more than once within a span of 90 days.

(4)     The applicant must submit the fee for the exam prior to taking the exam.

 

(d)     Certification Term and Renewal

(1)     A certificate issued under this section is valid for a three-year period beginning January 1 of the year of issuance.

(2)     The Division will renew a certificate only if a specialist:

(i)      Has paid the required fee; and

(ii)     Is otherwise in compliance with these regulations.

 

(e)     Lapsed Certificates

(1)     A specialist who seeks renewal of a lapsed certificate shall submit a request for renewal within 90 days after the certificate lapses. Upon receipt of a valid request for renewal, including proof of compliance with subsection (d), and payment of the appropriate fee, the Division shall renew a certificate.

(2)     The Division will require reexamination of a specialist whose renewal application is received more than 90 days after the certificate lapses.

 

(f)      Revocation of Environmental Specialist Certification

(1)     After an investigation and review of the facts, and in accordance with all applicable Commonwealth laws and regulations, the Director may revoke the certificate of a specialist for any of the following reasons:

(i)      The specialist has practiced fraud and deception, has falsified reports to Division inspectors, or falsified other operating records. A person committing such actions may be liable for civil or criminal penalties in accordance with 2 CMC §§ 3131(c) and (d) or other applicable law;

(ii)     The specialist does not use, in the judgment of the Director, reasonable care, judgment, or the application of knowledge in the performance of the specialist’s duties. The Director’s reasons for such a determination shall be stated in detail and in writing at the time of the revocation;

(iii)    The specialist does not perform duties in a manner that meets earthmoving and erosion control compliance requirements of Commonwealth laws and regulations. The Director’s reasons for such a determination shall be stated in detail and in writing at the time of revocation; or

(iv)    The certification of the specialist has expired.

(2)     If the Director revokes a certification for any reason other than certificate expiration, the specialist may appeal the Director’s decision as set forth in § 65-30-515.

 

History: Amdts Adopted 36 Com. Reg. 35402 (Aug. 28, 2014) (see Commission Comment); Adopted 36 Com. Reg. 35007 (May 28, 2014); Proposed 36 Com. Reg. 34730 (Feb. 28, 2014).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “erosion control specialist” pursuant to 1 CMC § 3806(f).

 

The August 28, 2014 Commonwealth Register contained the following document:

 

Wastewater, Earthmoving, and Erosion Control Interoffice Memorandum

 

To: All Members of the Public, Front Desk

 

From: DEQ Director

 

Date: 7-21-2014

 

Subject: Erosion Control Specialist Application Fees

 

To improve compliance and effectiveness of erosion control practices in the CNMI, the Bureau of Environmental and Coastal Quality, Division of Environmental Quality has adopted a requirement that every commercial earthmoving project designate an Erosion Control Specialist, as set forth in the Earthmoving and Erosion Control Regulations, NMIAC § 65-50-345. The fees are set forth below, in accordance with NMIAC § 65-345(d).

 

Erosion Control Specialist Application Fee Schedule                             Fee

Erosion Control Specialist Initial Application and Examination              $50

Erosion Control Specialist Re-Examination                                                 $15

Erosion Control Specialist Renewal                                                                            $50

 

Pursuant to the APA, 1 CMC § 9105(b) and applicable regulations, this adopted Rule is effective 10 days after compliance with 1 CMC §§ 9102, 9105 and publication in the Commonwealth Register.

 

/s/

David B. Rosario

 

36 Com. Reg. 35405 (Aug. 28, 2014).

 

Part 400 - Restriction of Vehicles to Graded Areas

 

§ 65-30-401         Restriction of Vehicles to Graded Areas

 

(a)     For the protection of plant material, construction equipment shall be limited to the actual areas to be graded as specified in the approved plans. No vehicles of any kind shall pass over areas to be left in their natural state according to the approved plans.

 

(b)     The permittee, contractor, and subcontractor shall be fully responsible for compliance with the requirements of the regulations in this chapter, including any damage caused to existing trees or other vegetation.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1993 amendments amended subsection (a).

 

Part 500 - Action on Applications

 

§ 65-30-501         Additional Information

 

The Director may require the applicant to furnish additional information, plans, or specifications before acting on an application for any permit.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

§ 65-30-505         Action on Permit Applications

 

Each application permit shall be reviewed for completeness. The Division shall review and act on any application for a permit within 21 calendar days of receipt of the complete application.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 4.2.1(b) and amended its provisions. See 8 Com. Reg. at 4591 (Sept. 15, 1986); 6 Com. Reg. at 2729 (Apr. 15, 1984).

 

§ 65-30-510         Incomplete Applications

 

For all applications found to be incomplete, the Division will notify the applicant via a short written statement, describing the deficiencies found. Corrective and/or follow-up action, design, field tests, etc., is the responsibility of the applicant. The Division is not responsible, nor will Division personnel undertake, completion or correction of an incomplete or incorrect permit application. When the Division finds one or more deficiencies in the application, the Division will stop processing the permit, and the 21 calendar day permitting period will be put on hold, until such time that the applicant submits the information necessary to complete the application.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 4.2.1(c) and amended its provisions. See 8 Com. Reg. at 4591 (Sept. 15, 1986); 6 Com. Reg. at 2729 (Apr. 15, 1984).

 

§ 65-30-515         Appeal of Permit Decision

 

The Director shall notify the applicant in writing of the decision regarding any application for permit. The Director shall inform the applicant of sufficient facts and reasons for a disapproval or limited approval of a complete application. The applicant shall be afforded the opportunity to file a written appeal of the Director’s decision. A request for appeal shall be served upon the Division within seven calendar days from receipt of the disapproval or limited approval. Failure to file this appeal within seven calendar days shall constitute a waiver of the applicant’s rights to any future appeal of the Director’s decision. Appeals shall be heard in the same manner as hearings on administrative orders specified in § 65-30-710.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 4.2.1(d) and amended its provisions. See 8 Com. Reg. at 4591 (Sept. 15, 1986); 6 Com. Reg. at 2729 (Apr. 15, 1984). The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 65-30-520         Transfer of Permits

 

A permit issued pursuant to the regulations in this chapter shall not be transferred from one location to another, or from one person to another, without the written approval of the Director.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

§ 65-30-525         Amendment of Permits

 

After a permit application has been approved, a permittee may alter the proposed project by requesting, in writing, an official application for a permit amendment. All relevant design drawings and plans must accompany the written request, and will be subject to approval by the Director or the Director’s authorized representative. Each amendment application shall be processed within 21 days as specified in § 65-30-505, and for commercial permits, the applicant shall pay a fee of one-half of the original permit application fee.

 

History: Adopted 36 Com. Reg. 35007 (May 28, 2014); Proposed 36 Com. Reg. 34730 (Feb. 28, 2014).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “commercial permits” pursuant to 1 CMC § 3806(f). The Commission struck the figure “50%” pursuant to 1 CMC § 3806(e).

 

Part 600 - Inspections and Right of Entry

 

§ 65-30-601         Inspection Condition of Permit

 

As a condition for the issuance and continuation of any permit granted under the regulations in this chapter, the holder of a permit shall allow the Director or the Director’s authorized representative prompt access to the permitted site for the purpose of inspecting the premises for compliance with the terms of the permit. This shall include any work already competed under a permit pursuant to this section. The inspection may be made with or without advance notice to the permit holder, with good purpose, at the discretion of the Director, but shall be made at reasonable times unless an emergency dictates otherwise.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986).

 

Commission Comment: The 1993 amendments moved this section from former § 10.5.1 and amended its provisions. See 8 Com. Reg. at 4599 (Sept. 15, 1986). The Commission created the section title.

 

§ 65-30-605         Searches Under Court Order or Warrant

 

If the Director has probable cause to believe a violation of the regulations, any order issued under this chapter, or any term of a permit granted under this chapter has occurred or is imminent, or when necessary to allow the Director to perform the duties under this Act, the Director shall apply to the Superior Court of the Commonwealth of the Northern Mariana Islands for an order or warrant to enter and search any property, take necessary samples or readings therefrom, seize evidence found therein, and examine or impound any book or record found therein or specified in such order or warrant.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986).

 

Commission Comment: The 1993 amendments moved this section from former § 10.5.3. See 8 Com. Reg. at 4599 (Sept. 15, 1986). The Commission created the section title.

 

§ 65-30-610         Searches Without Court Order or Warrant

 

The Director or the Director’s authorized representative may enter upon any property for the purpose set forth in § 65-30-601 without an order or warrant if he/she has probable cause to believe all of the following:

 

(a)     That a violation described in the subsection has occurred or is imminent.

 

(b)     That the violation poses a serious, substantial, and immediate threat to the public health or welfare.

 

(c)     That the delay in obtaining a court order or warrant would prolong or increase the threat, or would prevent, hinder, or delay the discovery of evidence of the violation or the taking of any necessary mitigating or remedial measures.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986).

 

Commission Comment: The 1993 amendments moved this section from former § 10.5.4 and amended its provisions. See 8 Com. Reg. at 4599-4600 (Sept. 15, 1986). The Commission created the section title. The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

§ 65-30-615         Inspections at Reasonable Times

 

All construction or work for which a permit is required shall be subject to DEQ inspection at reasonable times by authorized employees of the DEQ.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 6.1 and amended its provisions. See 8 Com. Reg. at 4593 (Sept. 15, 1986); 6 Com. Reg. at 2731 (Apr. 15, 1984).

 

§ 65-30-620         General Inspections

 

DEQ may make any inspections of any construction work deemed necessary, whether completed or ongoing, to ascertain compliance with the provisions of the regulations in this chapter or other regulations of the DEQ.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 6.2 and amended its provisions. See 8 Com. Reg. at 4593 (Sept. 15, 1986); 6 Com. Reg. at 2731 (Apr. 15, 1984).

 

§ 65-30-625         Notification

 

The permittee or permittee’s agent shall notify the DEQ at least two working days in advance of the start of the grading, filling, or clearing operation.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 6.3 and amended its provisions. See 8 Com. Reg. at 4593 (Sept. 15, 1986); 6 Com. Reg. at 2731 (Apr. 15, 1984).

 

§ 65-30-630         Inconsistent Conditions

 

If the inspection reveals that the soil or other conditions are other than as stated in the application for permit, the Director may revoke the permit for violations and refuse to approve work until approval is obtained for an amended permit which will conform to the existing conditions. In such event, all work shall cease until an amended permit is obtained.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 6.4 and amended its provisions. See 8 Com. Reg. at 4594 (Sept. 15, 1986); 6 Com. Reg. at 2731 (Apr. 15, 1984).

 

§ 65-30-635         Inspection of Concealed Work

 

Whenever any work on which inspections are required by the regulations in this chapter is covered or concealed by additional work without first having been inspected, DEQ may require, by written notice, that such work be exposed for examination. All costs associated with of exposing the concealed work shall be borne by the permittee or by the party responsible for conducting the earthmoving in the case where no permit is obtained. No costs relating to the concealed work shall borne by DEQ.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 6.5 and amended its provisions. See 8 Com. Reg. at 4594 (Sept. 15, 1986); 6 Com. Reg. at 2732 (Apr. 15, 1984).

 

§ 65-30-640         Duty to Provide Information

 

The permittee shall furnish to the Director of DEQ, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Director of DEQ upon request, copies of records required to be kept by this permit.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

Commission Comment: The 1993 amendments deleted former part 9, entitled “Variances.” See 8 Com. Reg. at 4597 (Sept. 15, 1986); 6 Com. Reg. at 2735 (Apr. 15, 1984).

 

Part 700 - Penalties, Fines, Suspension, Revocation, and Other Orders

 

§ 65-30-701         Instituting Actions

 

The Director may institute civil actions through the Commonwealth courts or by administrative orders issued by the Director.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

Commission Comment: The Commission created the section titles in part 700.

 

The 1993 amendments replaced former part 10 with the provisions in this part. The 1984 regulations originally adopted a part 10, entitled “Violation.” See 6 Com. Reg. at 2735 (Apr. 15, 1984). The 1986 amendments adopted a revised part 10, entitled “Enforcement.” See 8 Com. Reg. at 4597-4600 (Sept. 15, 1986).

 

§ 65-30-705         Civil Actions in the Commonwealth Courts

 

Civil actions initiated through the Commonwealth courts shall be transmitted through and with the approval of the Director and the Attorney General as necessary to enforce the regulations in this chapter in consonance with, and in accordance with the applicable laws of the CNMI. The Attorney General will institute legal actions to enjoin a violation, continuing violation or threatened violation of this chapter.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

§ 65-30-710         Appeals of Administrative Orders

 

Any person who is subject to civil penalties, revocation, or suspension pursuant this part may be served with an administrative order and notice of violation and may upon written request seek an appeal hearing before the Director or the Director’s designee. Request for appeal may be served upon the Division within seven calendar days from receipt of the administrative order. Failure to request an appeal within seven calendar days shall result in the person’s waiving the right to any appeal or hearing.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

§ 65-30-715         Procedures for Administrative Orders

 

Procedures for administrative orders shall be conducted as follows:

 

(a)     The Director may issue and order any person to pay a civil fine as specified in the Commonwealth Environmental Protection Act, 2 CMC § 3131(c) for each violation of the Act, regulations adopted pursuant to the Act, or any permit or license issued pursuant to the Act and such regulations. Each day of continued violation after issuance of written notice by the Director or his designee and the expiration of any reasonable period allowed for corrective action is a separate offense. The Director shall determine whether to allow for a period for corrective action, and the length of that time period, based on the prior violations of these regulations and the nature of the current violation. The Director need not allow for a period for corrective action where previous violations of these regulations have occurred or where it is not practicable to correct the violation.

 

(b)(1) The written request for a hearing shall serve as the answer to the complaint. The request for hearing or “answer” shall clearly and directly admit, deny, or explain each of the factual allegations contained in the complaint with regard to which the alleged violator (respondent) has any knowledge. Where respondent has no knowledge of a particular factual allegation and so states, the allegation is deemed denied. The answer shall also state

(i)      The circumstances or arguments which are alleged to constitute the grounds of defense,

(ii)     The facts which respondent intends to place at issue, and

(iii)    Whether a hearing is requested.

(2)     Failure to admit, deny, or explain any material factual allegation contained in the complaint constitutes an admission of the allegations. An oral answer may also be given at the time of hearing should a hearing be requested.

 

(c)     The respondent may also request an informal settlement conference. An informal settlement conference shall not affect the respondent’s obligation to file a timely request for hearing. If a settlement is reached the parties shall forward a proposed consent order for the approval of the Director.

 

(d)     If a hearing is conducted, the Director or his designee will preside over the hearing. The Director shall control the taking of testimony and evidence and shall cause to be made an audio, audio-video, or stenographic record of the hearing. The type of record made shall be the discretion of the Director. Evidence presented at such a hearing need not conform with the prescribed rules of evidence, but may be limited by the Director in any manner she/he reasonably determines to be just and efficient and promote the ends of justice. The Director shall issue a written decision within thirty calendar days of the close of the enforcement hearing. The decision shall include written findings of fact and conclusions of law. The standard of proof for such a hearing and decisions shall be the preponderance of the evidence.

 

(e)     The Director’s decision shall be final. An appeal from the final enforcement decision shall be to the Commonwealth Superior Court within thirty calendar days following service of the final agency decision.

 

(f)      For filing deadline purposes counting of the days shall start on the day after issuance or receipt (whichever is specified). If any filing date falls on a Saturday, Sunday, or Commonwealth holiday, the filing date shall be extended to the next working day.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

Commission Comment: The 2014 amendments deleted former subsection (e).

 

§ 65-30-720         Suspension, Revocation, or Modification

 

The Director may suspend, revoke, or modify any permit or license issued by the Division for violation of the Act, any regulations adopted pursuant to the Act, any permit or license issued pursuant to the Act and such regulations. The Director’s decision shall be subject to the procedures for the appeal of permit decisions.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993).

 

§ 65-30-725         Additional Penalties

 

A person shall be liable for an additional penalty for any amount expended by any agency of the Commonwealth in taking any action necessary to mitigate or reduce any significant adverse effect caused by the person’s failure to comply with the Act, regulations, permit, license, or any order issued thereunder.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986).

 

Commission Comment: The 1993 amendments moved this section from former § 10.3.2 and amended its provisions. See 8 Com. Reg. at 4598 (Sept. 15, 1986).

 

§ 65-30-730         Knowing and Willful Violations

 

Any person who knowingly and willfully commits any act in violation of the Act, regulations, permit, or license, and who is found guilty by a court of competent jurisdiction may be punished by a fine of not more than $50,000.00 or by imprisonment for not more than one year, or both. Any other penalties or remedies provided by the regulations in this chapter and ordered by the Director shall also remain in effect.

 

History: Amdts Adopted 36 Com. Reg. 35007 (May 28, 2014); Amdts Proposed 36 Com. Reg. 34730 (Feb. 28, 2014); Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986).

 

Commission Comment: The 1993 amendments moved this section from former § 10.3.4 and amended its provisions. See 8 Com. Reg. at 4598 (Sept. 15, 1986).

 

Part 800 - Miscellaneous Provisions

 

§ 65-30-801         Severability

 

If any rule, section, sentence, clause, or phrase of the regulations in this chapter or its application to any person or circumstance or property is held to be unconstitutional or invalid, the remaining portions of this chapter or the application of this chapter to other persons or circumstances or property shall not be affected.

 

History: Amdts Adopted 15 Com. Reg. 11028 (Oct. 15, 1993); Amdts Proposed 15 Com. Reg. 10845 (Sept. 15, 1993); Amdts Proposed 15 Com. Reg. 10785 (Aug. 15, 1993); Amdts Adopted 8 Com. Reg. 4731 (Nov. 17, 1986); Amdts Proposed 8 Com. Reg. 4586 (Sept. 15, 1986); Adopted 6 Com. Reg. 2724 (Apr. 15, 1984); Proposed 6 Com. Reg. 2695 (Mar. 15, 1984); Proposed 5 Com. Reg. 2168 (June 30, 1983).

 

Commission Comment: The 1993 amendments moved this section from former § 2.2 and amended its provisions. See 8 Com. Reg. at 4588 (Sept. 15, 1986); 6 Com. Reg. at 2726 (Apr. 15, 1984).

 


CHAPTER 65-40

HARMFUL SUBSTANCE CLEAN UP REGULATIONS

 


Part 001     General Provisions; Overall Clean Up Process

§ 65-40-001         Purpose

§ 65-40-005         Applicability

§ 65-40-010         Definitions

§ 65-40-015         Usage

 

Part 100     Site Reports and Clean up Decision

§ 65-40-101         Site Discovery and Reporting

§ 65-40-105         Initial Investigation

§ 65-40-110         Site Hazard Assessment

§ 65-40-115         Commonwealth Remedial Investigation and Feasibility Study

§ 65-40-120         Selection of Clean Up Actions

 

Part 200     Site Clean Up and Monitoring

§ 65-40-201         Clean Up Actions

§ 65-40-205         Compliance Monitoring Requirements

§ 65-40-210         Periodic Review

§ 65-40-215         Interim Actions

§ 65-40-220         Institutional Controls

§ 65-40-225         Evacuation

§ 65-40-230         Routine Clean Up Actions

 

Part 300     Administrative Procedures for Remedial Actions

§ 65-40-301         Determination of Status as a Potentially Liable Person

§ 65-40-305         Administrative Options for Remedial Actions

§ 65-40-310         Consent Decrees

§ 65-40-315         Agreed Orders

§ 65-40-320         Enforcement Orders

 

Part 400     Public Participation

§ 65-40-401         Public Notice and Participation

 

Part 500     Clean Up Standards

§ 65-40-501         Overview of Clean Up Standards

§ 65-40-505         General Policies

§ 65-40-510         Use of Method A

§ 65-40-515         Use of Method B

§ 65-40-520         Use of Method C

§ 65-40-525         Analytical Considerations

§ 65-40-530         Human Health Risk Criteria

§ 65-40-535         Applicable Commonwealth and Federal Laws

§ 65-40-540         Ground Water Clean Up Standards

§ 65-40-545         Surface Water Clean Up Standards

§ 65-40-550         Soil Clean Up Standards

§ 65-40-555         Clean Up Standards to Protect Air Quality

§ 65-40-560         Sediment Clean Up Standards

 

Part 600     Other Requirements

§ 65-40-601         Property Access

§ 65-40-605         Worker Safety and Health

§ 65-40-610         Sampling and Analysis Plans

§ 65-40-615         Analytical and Testing Procedures

§ 65-40-620         General Submittal Requirements

§ 65-40-625         Record Keeping Requirements

§ 65-40-630         Endangerment

§ 64-40-640         Project Coordinator

§ 65-40-645         Emergency Actions

§ 65-40-650         Miscellaneous

§ 65-40-655         Severability


 

 

Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135.

 

Chapter History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001).

 

Commission Comment: PL 3-23 (effective Oct. 8, 1982), the “Commonwealth Environmental Protection Act,” codified as amended at 1 CMC §§ 2646-2649 and 2 CMC §§ 3101-3135, created the Division of Environmental Quality (DEQ) within the Department of Public Health and Environmental Services. See 1 CMC § 2646. The act authorized the Chief (now the Director) of the Division to administer, implement and enforce specific powers and duties relating to environmental protection and to develop rules and regulations to implement PL 3-23 and other laws administered by the Division. See 1 CMC §§ 2647 and 2648. PL 3-23 § 7, 2 CMC § 3121, granted the Director of the Department of Public Health and Environmental Services the exclusive power to issue regulations pursuant to the act.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 304(d):

 

Section 304. Department of Public Works.

 

 

(d)    Environmental Quality. The Division of Environmental Quality is transferred from the Department of Public Health to the Department of Public Works. To the maximum extent practicable, the Secretary of Public Works shall integrate land-based earth moving permits into the building permit process.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-108 (effective Dec. 3, 1999) repealed Executive Order 94-3 § 304(d) in its entirety. See PL 11-108 § 2. PL 11-108 “reclassified [the Division of Environmental Quality] as an independent regulatory agency, acting from within the office of the Governor” and placed all administrative duties and authority with regards to DEQ with the Governor or his designee. PL 11-108 §§ 1 and 3, codified at 1 CMC § 2650.

 

Executive Order No. 2013-24, promulgated at 35 Com. Reg. 34596 (Nov. 28, 2013), established a new Bureau of Environmental and Coastal Quality. This Order reorganized the Division of Environmental Quality as a division of the Bureau of Environmental and Coastal Quality, and provided that “all rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Executive Order shall continue to be effective until revised, amended, repealed or terminated.”

 

Part 001 - General Provisions; Overall Clean Up Process

 

§ 65-40-001         Purpose

 

(a)     The regulations in this chapter are promulgated under the Commonwealth Environmental Protection Act. They establish administrative processes and standards to identify, investigate, and clean up facilities where harmful substances have come to be located. They define the role of the Division and encourage public involvement in decision making at these facilities.

(b)     The goal of this chapter is to implement the policy declared by § 3111 of the Commonwealth Environmental Protection Act. This chapter provides a workable process to accomplish effective and expeditious clean ups in a manner that protects human health and the environment. This chapter is primarily intended to address releases of harmful substances caused by past activities, although its provisions may be applied to potential and ongoing releases of harmful substances from current activities.

 

Modified, 1 CMC § 3806(f), (d).

 

History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 65-40-005         Applicability

 

(a)     The regulations in this chapter shall apply to all facilities where there has been a release or threatened release of a harmful substance that may pose a threat to human health or the environment. Under this chapter, the Division may require a potentially liable person to take, or the Division may itself take, those actions necessary to investigate and remedy these releases.

 

(b)     Nothing herein shall be construed to diminish the Division’s authority to address a release or threatened release under other applicable laws or regulations. The clean up process and procedures under this chapter and under other laws may be combined. The Division may initiate a remedial action under this chapter and may, upon further analysis, determine that another law is more appropriate, or vice versa.

 

(c)     If a harmful substance remains at a facility after actions have been completed under other applicable laws or regulations, the Division may apply this chapter to protect human health or the environment.

 

Modified, 1 CMC § 3806(f), (d).

 

History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001).

 

§ 65-40-010         Definitions

 

For the purpose of this chapter, the following definitions shall apply:

 

(a)     “Act” means any law, and subsequent amendments, enacted by the Commonwealth intended to protect the public health and the environment, including, but not limited to, the Commonwealth Environmental Protection Act, Public Law 3-23 and as subsequently amended by Public Law 11-103, and the Commonwealth Groundwater Management and Protection Act of 1988, Public Law 6-12.

 

(b)     “Acute toxicity” means the ability of a harmful substance to cause injury or death to an organism as a result of a short-term exposure to a harmful substance.

 

(c)     “All practicable methods of treatment” means all technologies and/or methods currently available and demonstrated to work under similar site circumstances or through pilot studies, and applicable to the site at reasonable cost. These include “all known available and reasonable methods of treatment” (AKART) for discharges or potential discharges to waters of the Commonwealth, and “best available control technologies” for releases of harmful substances into the air resulting from clean up actions.

 

(d)     “Applicable Commonwealth and federal laws” means all legally applicable requirements and those requirements that the Division determines, based on the criteria in § 65-40-535(c), are relevant and appropriate requirements.

 

(e)     “Area background” means the concentrations of harmful substances that are consistently present in the environment in the vicinity of a site which are the result of human activities unrelated to releases from that site.

 

(f)      “Carcinogen” means any substance or agent that produces or tends to produce cancer in humans. For implementation of this chapter, the term carcinogen will apply to substances on lists A (known human) and B (probable human) as prepared by the National Toxicology Program, a Division of the U.S. Department of Health and Human Services, and any substance which causes a statistically significant increased incidence of benign or malignant tumors in a single, well conducted animal bioassay, consistent with the weight of evidence approach specified in the United States Environmental Protection Agency’s Guidelines for Carcinogen Risk Assessment as set forth in 51 FR 33992.

 

(g)     “Chronic toxicity” means the ability of a harmful substance to cause injury or death to an organism resulting from repeated or constant exposure to the harmful substance over an extended period of time.

 

(h)     “Commonwealth” means the Commonwealth of the Northern Mariana Islands.

 

(i)      “Containment” means a container, vessel, barrier, or structure, whether natural or constructed, which confines a harmful substance within a defined boundary and prevents or minimizes its release into the environment.

 

(j)      “Contaminant” means any harmful substance that does not occur naturally or occurs at greater than natural background levels.

 

(k)     “Day” means calendar day; however, any document due on the weekend or a holiday may be submitted on the first working day after the weekend or holiday.

 

(l)      “Division” means the Commonwealth’s Division of Environmental Quality (DEQ), or any other governmental agency designated by DEQ to administer the functions under the regulations in this chapter.

 

(m)    “Direct contact” means exposure to harmful substances through ingestion, inhalation, or dermal contact.

 

(n)     “Director” means the director of the Division or the director’s designee.

 

(o)     “Environment” means any plant, animal, natural resource, surface water (including underlying sediments), ground water, drinking water supply, land surface (including tidelands and shorelands) or subsurface strata, ambient air, or ecological system within the Commonwealth or under the jurisdiction of the Commonwealth.

 

(p)     “Exposure” means subjection of an organism to the action, influence, or effect of a harmful substance (chemical agent) or physical agent. Exposure is quantified as the amount of the agent available at the exchange boundaries (e.g., skin, lungs, gut) and available for absorption.

 

(q)     “Exposure pathway” means the path a harmful substance takes or could take from a source to an exposed organism. An exposure pathway describes the mechanism by which an individual or population is exposed or has the potential to be exposed to harmful substances at or originating from a site. Each exposure pathway includes an actual or potential source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source of the harmful substance, the exposure pathway also includes a transport/exposure medium.

 

(r)      “Facility” means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft; or any site or area where a harmful substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.

 

(s)      “Federal clean up law” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601, et seq.

 

(t)      “Food crop” means any domestic plant which is produced for the purpose of, or may be used in whole or in part for, consumption by people or livestock. This shall include nursery, root, or seedstock to be used for the production of food crops.

 

(u)     “Ground water” means water in a saturated zone or stratum beneath the surface of land or below a surface water.

 

(v)     “Hazard index” means the sum of two or more hazard quotients for multiple harmful substances and/or multiple exposure pathways.

 

(w)    “Harmful substance” means any hazardous substance under section 101(14) of the federal clean up law, 42 U.S.C. § 9601(14); petroleum or petroleum products; and any substance or category of substances, including solid waste decomposition products, determined by the Director to present a threat to human health or the environment if released into the environment. The term harmful substance does not include any of the following when contained in an underground or aboveground storage tank from which there is not a release: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, Commonwealth, and local laws.

 

(x)     “Harmful substance site” means any facility where there has been confirmation of a release or threatened release of a harmful substance that requires remedial action.

 

(y)     “Hazard quotient” or “HQ” means the ratio of the dose of a single harmful substance over a specified time period to a reference dose for that harmful substance derived for a similar exposure period.

 

(z)     “Highest beneficial use” means the beneficial use of a resource generally requiring the highest quality in the resource. For example, for many harmful substances, providing protection for the beneficial use of drinking water will generally also provide protection for a great variety of other existing and future beneficial uses of ground water.

 

(aa)    “Indicator harmful substances” means the subset of harmful substances present at a site selected under § 65-40-530 for monitoring and analysis during any phase of remedial action for the purpose of characterizing the site or establishing clean up requirements for that site.

 

(bb)   “Institutional control” means a measure undertaken to limit or prohibit activities that may interfere with the integrity of a clean up action or result in exposure to harmful substances at the site.

 

(cc)    “Legally applicable requirements” means those clean up standards, standards of control, and other human health and environmental protection requirements, criteria, or limitations promulgated under Commonwealth or federal law, that specifically address a harmful substance, clean up action, location, or other circumstances at the site.

 

(dd)   “Mail” means delivery through the United States Postal Service or an equivalent method of delivery or transmittal, including private mail carriers, or personal delivery.

 

(ee)    “Maximum contaminant level” or “MCL” means the maximum concentration of a contaminant established by either the Commonwealth or the United States Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. §§ 300f, et seq.).

 

(ff)    “Method detection limit” or “MDL” means the minimum concentration of a compound that can be measured and reported with 99% confidence that the value is greater than zero.

 

(gg)   “Natural background” means the concentration of a harmful substance consistently present in the environment which has not been influenced by localized human activities.

 

(hh)   “Natural person” means any unincorporated individual or group of individuals. The term “individual” is synonymous with “natural person.”

 

(ii)     “Owner or operator” means any person with any ownership interest in the facility or who exercises any control over the facility; or in the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment. The term does not include a person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person’s security interest in the facility.

 

(jj)     “Permanent solution” means a clean up action in which clean up standards of part 500 can be met without further action being required at the site being cleaned up or any other site involved with the clean up action, other than the approved disposal of any residue from the treatment of harmful substances.

 

(kk)   “Person” means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the federal government, or other governmental entity.

 

(ll)     “Potentially liable person” means any person whom the Division finds to be a potentially responsible person under federal clean up law, or any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility) whom the Division finds to have contributed to, or be contributing to, the past or present handling, storage, treatment, transportation or disposal of any harmful substance, where such handling, storage, treatment, transportation or disposal may present an imminent and substantial endangerment to health or the environment. “Potentially liable person” does not include any person that treats water for a harmful substance in compliance with the CNMI Drinking Water Regulations [NMIAC, title 65, chapter 20] and has not been deemed to have contributed to a release of a harmful substance(s) in accordance with the regulations in this chapter.

 

(mm) “Practicable” means (except when used in the phrase “permanent to the maximum extent practicable” which is defined in § 65-40-120(e)) capable of being designed, constructed, and implemented in a reliable and effective manner including consideration of cost. When considering cost under this analysis, an alternative shall not be considered practicable if the incremental cost of the alternative is substantial and disproportionate to the incremental degree of protection provided by the alternative over other lower cost alternatives.

 

(nn)   “Preliminary remediation goals” or “PRGs” means those initial clean up goals that are developed under federal Risk Assessment Guidance for Superfund issued by the U.S. EPA’s Office of Emergency and Remedial Response.

 

(oo)   “Reasonable maximum exposure” means the highest exposure that can be reasonably expected to occur for a human or other living organisms at a site under current and potential future site use.

 

(pp)   “Release” means any intentional or unintentional entry of any harmful substance into the environment, including but not limited to the abandonment or disposal of containers of harmful substances.

 

(qq)   “Relevant and appropriate requirements” means those clean up standards established under Commonwealth and federal law that, while not legally applicable to the clean up action, the Division determines address problems similar to those encountered at the site. The criteria specified in § 65-40-535(c) shall be used to determine if a requirement is relevant and appropriate.

 

(rr)     “Remedy” or “remedial action” means any action or expenditure to identify, eliminate, or minimize any threat posed by harmful substances to human health or the environment, including any investigative and monitoring activities with respect to any release or threatened release of a harmful substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.

 

(ss)    “Restoration time frame” means the period of time needed to achieve the required clean up levels at the points of compliance established for the site.

 

(tt)     “Risk” means the probability that a harmful substance, when released into the environment, will cause an adverse effect in exposed humans or other living organisms.

 

(uu)   “Saturated zone” means the area below the water table in which all interstices are filled with water.

 

(vv)   “Secondary maximum contaminant level” means the maximum concentration of a secondary contaminant in water established either by the Commonwealth or the United States Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. §§ 300f, et seq.) and published in 40 C.F.R. 143.

 

(ww) “Sensitive environment” means an area of particular environmental value, where a release could pose a greater threat than in other areas including: wetlands; critical habitat for endangered or threatened species; wildlife refuge; critical habitat, breeding or feeding area for fish or shellfish; wild or scenic river; rookery; riparian area.

 

(xx)   “Site” means the same as facility.

 

(yy)   “Soil” means a mixture of organic and inorganic solids, air, water, and biota which exists on the earth’s surface above bedrock, including materials of anthropogenic sources such as slag, sludge, etc.

 

(zz)    “Surface water” means all natural waters, fresh, brackish, or marine including wetland, around and within the Commonwealth and as further delineated and defined under the Marine Sovereignty Act of 1980, Public Law 2-7.

 

(aaa)  “Technically possible” means capable of being designed, constructed, and implemented in a reliable and effective manner, regardless of cost.

 

(bbb) “Total excess cancer risk” means the upper bound on the estimated excess cancer risk associated with exposure to multiple harmful substances and multiple exposure pathways.

 

(ccc)  “Underground storage tank” or “UST” means an underground storage tank and connected underground piping as defined in the rules adopted under the Act.

 

(ddd)          “Unrestricted site use conditions” means restrictions on the use of the site or natural resources affected by releases of harmful substances from the site are not required to ensure continued protection of human health and the environment.

 

(eee)  “Upper bound on the estimated excess cancer risk of one in one hundred thousand (1 x 10-5)” means the upper 95th percent confidence limit on the estimated risk of one additional cancer above the background cancer rate per one hundred thousand individuals.

 

(fff)   “Upper bound on the estimated excess cancer risk of one in one million” means the upper 95th percent confidence limit on the estimated risk of one additional cancer above the background cancer rate per one million individuals.

 

(ggg) “Wastewater facility” means all structures and equipment required to collect, transport, treat, reclaim, or dispose of domestic, industrial, or combined domestic/industrial wastewater.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001).

 

Commission Comment: The notice of adoption for the 2001 regulations added new subsections (b) and (g), redesignated the remaining subsections accordingly and amended subsections (f) and (ll). See 23 Com. Reg. at 18084-85 (June 19, 2001). The Commission inserted commas after the words “constructed” in subsections (mm) and (aaa) pursuant to 1 CMC § 3806(g).

 

§ 65-40-015         Usage

 

For the purposes of this chapter, the following shall apply:

 

(a)     Unless the context clearly requires otherwise, the use of the singular shall include the plural and conversely.

 

(b)     The terms “applicable,” “appropriate,” “relevant,” “unless otherwise directed by the Division,” and similar terms implying discretion mean as determined by the Division.

 

(c)     “Conduct” means to perform or undertake whether directly or through an agent or contractor, unless this chapter expressly provides otherwise.

 

(d)     “Include” means included but not limited to.

 

(e)     “May” means the provision is optional and permissive, and does not impose a requirement.

 

(f)      “Shall” means the provision is mandatory.

 

(g)     “Threat” means threat or potential threat.

 

(h)     “Under” means pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001). The Commission inserted a comma after the word “division” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Part 100 - Site Reports and Clean up Decision

 

§ 65-40-101         Site Discovery and Reporting

 

(a)     Purpose. As part of a program to identify harmful substance sites, this section sets forth the requirements for reporting a release of a harmful substance, whether discovered before or after the effective date of this chapter. The Division may take any other actions it deems appropriate to identify potential harmful substance sites.

 

(b)     Release report. Any owner or operator who has information that a harmful substance has been released to the environment at the owner or operator’s facility and may be a threat to human health or the environment shall report such information to the Division by June 1, 2001, or for discovery of releases after this date, within one week of discovery. To the extent known, the report shall include: The identification and location of the harmful substance, circumstances of the release and the discovery, and any remedial actions planned, completed, or underway. All other persons are encouraged to report such information to the Division.

 

(c)     Exemptions. The following releases are exempt from these notification requirements:

(1)     Lawful application of pesticides and fertilizers for their intended purposes and according to label instructions;

(2)     Lawful and non-negligent use of harmful substances by a natural person for personal or domestic purposes;

(3)     A release in accordance with a permit that authorizes the release;

(4)     A release previously reported to the Division in fulfillment of a reporting requirement in this chapter or in another law or regulation;

(5)     A release reported to the United States Environmental Protection Agency under CERCLA, section 103(c) (42 U.S.C. § 9603(c)) before the effective date of this chapter;

(6)     A release to the air from other impacted media where there is no impact to other media;

(7)     A release to a permitted wastewater facility; or

(8)     A release reported under the UST rules adopted pursuant to the Act.

(9)     An exemption from these notification requirements does not imply a release from liability in future actions by the Division.

 

(d)     Other obligations. Nothing in this section shall eliminate any obligations to comply with reporting requirements that may exist in a permit or under other laws.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 23 Com. Reg. 18084 (June 19, 2001); Emergency and Proposed 23 Com. Reg. 17745 (Mar. 22, 2001) (effective for 120 days from Mar. 1, 2001).

 

Commission Comment: The final paragraph of subsection (c) was not designated. The Commission designated it subsection (c)(9).

 

The notice of adoption for the 2001 regulations changed the proposed language of subsections (c)(1) and (c)(6). See 23 Com. Reg. at 18085 (June 19, 2001).

 

§ 65-40-105         Initial Investigation

 

(a)     Purpose. The purpose of the initial investigation is to determine whether or not a release or threatened release of a harmful substance may have occurred that warrants further action under this chapter.

(1)     Applicability and timing. Whenever the D