PUBLIC LAW NO. 6-12
SIXTH NORTHERN MARIANAS COMMONWEALTH LM;ISLATURE
FIFTH SPECIAL SESSION,
SENATE BILL NO. 6-102,
S.D.1, H.D.3
1988
AN ACT
To provide for a Commonwealth Groundwater Management
and Protection Act of 1988 and for other purposes.
BE I T ENACfED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:
Section 1. Short Title.
This A c t may be cited as the
"Commonwealth Groundwater Management and Protection Act of 1988'.
Section 2.
Statement of Policy.
In consideration that the
C~nrronwealthof the Northern Mariana Islands is a l m s t exclusively
dependent upon groundwater for its water supply, it is hereby declared
t o be the public policy of the Carrm~nwealthof the Northern Mariana
Islands and the purpose of this Act to:
( a ) assert the rights of the people t o groundwater
resources for public benefit ;
(b) assert that the general welfare requires that
groundwater resources be put t o the highest beneficial
use for which they are capable;
(c) create permitting systems which regulate the
withdrawal and use of groundwater resources of the
commonwealth;
( d ) designate Groundwater Management Zones; and
( e ) promote the long-term a b i l i t y of the Commonwealth
t o provide reliable and potable water t o the public.
PUBLIC LAW NO. 6-12
Senate B i l l No. 6-102, S.D.1, H.D.3
Section 3.
Statement of Authority.
the Commonwealth belong t o the public.
The groundwater resources of
~o diversion, withdrawal,
storage, or use of such water s h a l l occur except i n the compliance with
this A c t and w i t h other laws of t h e commonwealth.
Section 4.
kfinitions.
As
used i n t h i s Act:
( a ) "Beneficial Usews h a l l include t h e use of water
reasonably required for domestic, agricultural, commercial,
industrial, recreational and other purposes on both public
and private lands.
The use of water f o r domestic purposes
is defined a s the highest beneficial use of water.
(b) "Chiefms h a l l mean t h e Chief of the Division of
Environmental Quality within t h e Department of public Health
and mvironmental Services.
(c) "contaminationw s h a l l m a n the introduction of any
physical, chemical, biological, o r radiological substance
i n t o water which has the potential t o pose a threat t o human
health or the environment or t o impede the most beneficial
use of the water.
(d) "Personn s h a l l mean any individual, firm, partnership, association, corporation, both public and private; and
any e n t i t y or agency of the Commonwealth Government and the
United States of America.
(e) "Water" s h a l l be defined as ponds, springs, w e l l ,
aquifers, streams and a l l other bodies of surface or underground water whether natural, inland, coastal, fresh, s a l t ,
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PUBLIC LAW NO. 6-12
Senate Bill No. 6-102, S.D.1, H.D.3
public, or private.
(£1 uWe13u shall be defined as any hole drilled, dug,
or boredat any angle, either cased or uncased, for the
purpose of obtaining water or knowledge of water bearing
formations or for the disposal of surface water drainage or
waste materials.
Section 5. Permitting Authority. The Division of Environmental
Quality is authorized to:
(a) permit the siting, design, construction, testing,
and repairs or improvements of wells;
(b) manage the withdrawal and use of groundwater
through well operation permits; and
(c) promulgate rules and regulations to implement
this Act.
Section 6. Well Driller's License.
(a) No person shall engage in well drilling in the
Commonwealth without first obtaining a license from the
Chief.
(b) An application for a license shall be made on a
form prescribed and furnished by the Chief.
(c) The Chief shall establish fees for well drilling
licenses.
(dl The license shall be valid for a period not to
exceed one (1) year.
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Senate Bill No. 6-102, S.D.1, H.D.3
(e) The Chief shall establish criteria for issuance
of a well driller's license and evaluate the knowledge-
ability and reliability of the applicant based upon previous
performance, so as to assure the protection of the groundwater resour-be from damage caused by improper drilling
techniques or practices.
Section 7. Well Drilling Permits.
(a) No well may be drilled by any person without a
drilling permit issued by the Chief.
(b) The Chief shall establish technical drilling permit
requirements for the siting design, oonstruction, testing,
completion, and repair of all wells. 'IQlerequirements shall
be consistent with generally accepted public health and
engineering standards and shall reflect the best available
technology within the Canmonwealth.
(c) The Chief shall establish fees for drilling
permits. The schedule shall be a sliding scale, taking into
consideration the financial resources of the applicant and
the scope of the proposed groundwater developnent project.
(d) As a condition of continued use of the drilling
permit, the Chief may require at any reasonable time that
the applicant furnish water samples for analysis by the
Division of Environmental Quality Laboratory. The cost of
the analysis shall be paid by the drilling permittee to the
CNMI Treasurer.
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(e) CUC &all receive priority in the issuance of all
well drilling permits.
Section 8. Well Operation Permits.
(a) No mrson may operate a well or withdrawn groundwater without an operation permit issued by the Chief.
(b) Each operation permit shall state the maximum
quantity of water which may be withdraw per day (daily flow
rate).
The Chief shall determine the maximum allowable
daily flow rate based on the proposed beneficial use of the
water, the results of well testing, and local hydrogeology
to ensure the protection of public health and environment,
and the beneficial utilization and conservation of groundwater resources.
(c) The Chief shall issue operation permits for groundwater withdrawal only in designated areas as provided in
this Chapter.
(d) The well operation permittee shall file an annual
water ansumption report with the Division of Ehvironmental
Quality by September 1. This report shall include the
quantity of water extracted during each mnth of the
preceding year.
(e)
All present users of wells prior to the effective
date of this Act shall have sixty (60) days from the
effective date to file an operation permit for existing
wells.
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Senate Bill No. 6-102, S.D.1, H.D.3
(f) Permits shall expire on September 30 of each year.
:
of Inspection. The Division of EWironmental
Section 9. -Ri-ght
Quality (DEQ) is authorized to inspect each well at reasonable hours to
ensure proper and effective well construction, repair, maintenance and
operation.
Section 10. Flow Meters and Water Sampling Valves to be
Installed, Access to Wells.
(a) Prior to withdrawing water, the drilling permittee
shall install (at his expense) a water meter capable of
measuring both flow rate and total production at the well.
(b) Water meters shall be maintained as provided by
.
regulations of the Department of Ehvironrnental Quality (DEQ)
(c) Prior to withdrawing water, the drilling permittee
shall install valves to obtain water samples. The Division
of Environmental Quality shall periodically conduct water
sampling and analysis to monitor the quality of water.
Section 11. In the event a well is abandoned for any reason, the
permittee shall immediately notify the Chief.
Section 12. Designation of Groundwater Management Zones.
(a) The Chief shall designate selected regions of the
Commonwealth as Groundwater Management Zones. Groundwater
Management Zones shall be rated as Class I, Class 11, or
Class 111 based on available hydrogeologic information and
the following criteria:
1. Groundwater quality,
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Senate Bill No. 6-102, S.D.1, H.D.3
2. Availabity of recharge,
3. Susceptiblity to degradation, and
4. Present and future land use
(b) Class I Groundwater Management Zones shall include
sensitive groundwater recharge areas and aquifers which
contain high quality water and which are mst subject to
contamination or degradation. Class I Groundwater Management
Zones shall be established as critical groundwater protection
areas and shall be given the highest level of environmental
protection. The Chief shall establish requirements to ensure
the protection of Class I groundwater resources from
contamination or degradation.
(c) m e Chief shall prepare a map which defines which
Groundwater Management Zones shall be given the highest
priority for use and protection.
(d) The Chief may establish additional requirements for
Class I, 11, and I11 Groundwater Management Zones.
Section 13. Water Shortage Declaration.
(a) m e Chief, after consultation with Camnonwealth
Utilities Corporation, may declare a water shortage and
impose restrictions on permits to protect the public health,
safety and welfare;
(b) When a water shortage is declared, the Chief shall
cause notice thereof to be published in a prominent place
within a newspaper of general circulation or otherwise
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Senate Bill No. 6-102, S.D.1, H.D.3
through the media in the Commonwealth. Such notice shall be
published each day for the first week of the shortage and
once a week thereafter until the declaration-isrescinded.
Publication of notice shall serve as notice to all permittees
in the area of a water shortage and any restriction on their
permits.
Section 14. penalties.
(a) The Chief may issue any order to enforce provisions
of this Chapter. The order may require the person to do any
of the following:
1. to cease and desist from the violation;
2. to take mitigating measures to correct
the violation; or
3.
to pay a civil fine of not more than
$1,000 for each violation.
(b) The Chief may institute a civil action to seek any
lawful remedy, including exemplary damages and contempt for
failing to abide by an order, to enforce the provisions of
this Chapter.
(c) The Chief may modify, suspend, summarily suspend,
or revoke any permit issued by the Division of Environmental
Quality for violation of provisions of this Chapter.
(d) Any person subject to civil penalties is entitled
to notice and a hearing upon written request to the Chief.
The Chief may compromise any penalty.
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(e) A person is guilty of a criminal offense if found
by a court of canpetent jurisdiction to have knowingly and
willingly committed any act prohibited by this Chapter. In
addition to the other penalties provided for in this Chapter,
a criminal violation shall be punishable by a fine of not
m r e than $50,000.00 or by imprisonment for not more than
one year or both.
(f) Each day of continued violation is a separate
.
offense
Section 15. Private Right of Action Created. A private right of
action is created for any person to enforce compliance with the
provisions of this Chapter. Such action shall be brought by any person
on behalf of the Commonwealth. If such an action is successful, the
person shall be entitled to reasonable attorney's fees and costs.
-
Section 16. Fees. All fees, charges, and civil fines authorized
and collected under this Chapter shall be paid to the CNMI Treasurer.
Fees and charges shall be established so as to assure full recovery of
the costs of administration and monitoring for the program as a whole.
Section 17. ~everability. If any provision of this Act is held
invalid by a court of competent jurisdiction, the remainder of this Act
or any rules, regulations or orders promulgated pursuant thereto shall
not be affected thereby.
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m c - mMb.
&sate Bill M. 6-102, S.b.1, H.D.3
1
ddoentor, or npan its beooming law wWmut such approval.
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