SIXTH NORTHERN MARIANAS COMMONWEALTH LM;ISLATURE SENATE BILL NO , S.D.1, H.D.3. and Protection Act of 1988 and for other purposes.

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1 SIXTH NORTHERN MARIANAS COMMONWEALTH LM;ISLATURE SENATE BILL NO , S.D.1, H.D.3 FIFTH SPECIAL SESSION, 1988 AN ACT To provide for a Commonwealth Groundwater Management and Protection Act of 1988 and for other purposes. BE IT ENACfED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Short Title. This Act may be cited as the "Commonwealth Groundwater Management and Protection Act of 1988'. Section 2. Statement of Policy. In consideration that the C~nrronwealth of the Northern Mariana Islands is almst exclusively dependent upon groundwater for its water supply, it is hereby declared to be the public policy of the Carrm~nwealth of the Northern Mariana Islands and the purpose of this Act to: (a) assert the rights of the people to groundwater resources for public benefit ; (b) assert that the general welfare requires that groundwater resources be put to 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 ability of the Commonwealth to provide reliable and potable water to the public.

2 Senate Bill No , S.D.1, H.D.3 Section 3. Statement of Authority. The groundwater resources of the Commonwealth belong to the public. ~o diversion, withdrawal, storage, or use of such water shall occur except in the compliance with this Act and with other laws of the commonwealth. Section 4. kfinitions. As used in this Act: (a) "Beneficial Usew shall include the use of water reasonably required for domestic, agricultural, commercial, industrial, recreational and other purposes on both public and private lands. The use of water for domestic purposes is defined as the highest beneficial use of water. (b) "Chiefm shall mean the Chief of the Division of Environmental Quality within the Department of public Health and mvironmental Services. (c) "contaminationw shall man the introduction of any physical, chemical, biological, or radiological substance into water which has the potential to pose a threat to human health or the environment or to impede the most beneficial use of the water. (d) "Personn shall mean any individual, firm, partnership, association, corporation, both public and private; and any entity or agency of the Commonwealth Government and the United States of America. (e) "Water" shall be defined as ponds, springs, well, aquifers, streams and all other bodies of surface or underground water whether natural, inland, coastal, fresh, salt, Page 2

3 Senate Bill No , 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. Page 3

4 Senate Bill No , S.D.1, H.D.3 (e) The Chief shall establish criteria for issuance of a well driller's license and evaluate the knowledgeability 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. 'IQle requirements 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. Page 4

5 Senate ÿ ill No , S.D.1, H.D.3 (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. Page 5

6 Senate Bill No , S.D.1, H.D.3 (f) Permits shall expire on September 30 of each year. Section 9. -: Ri-ght of Inspection. The Division of EWironmental 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, Page 6

7 Senate Bill No , 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) me 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) me 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 Page 7

8 PUBLIC W4 NO Senate Bill No , 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-is rescinded. 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. Page 8

9 Senate Bill No , S.D.l, H.D.3 (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 mre than $50, 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 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. Page 9

10 mc-m Mb. &sate Bill M , S.b.1, H.D.3 1 ddoentor, or npan its beooming law wwmut such approval. Page 10