TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY

Chapter 80. TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY CHAPTER 65-80 SOLID WASTE MANAGEMENT REGULATIONS Part 001 General Provisions municipal Non-hazardous Waste Disposal § 65-80-001 Applicability Facilities That Receive CESQG Waste § 65-80-005 Purpose & Prohibitions § 65-80-301 Adoption of Federal § 65-80-010 Definitions Standards § 65-80-305 Applicability in the Part 100 General Permit Requirements CNMI

• Solid Waste Management Activities/Facilities Part 400 Transfer Stations [Reserved] § 65-80-101 Applicability § 65-80-102 Exemptions Part 500 Convenience Centers § 65-80-104 Application for Permit [Reserved] § 65-80-106 Fees § 65-80-108 Permit by Rule Part 600 Recycling and Materials § 65-80-110 Regulatory Agency Recovery Facilities Review § 65-80-601 Applicability § 65-80-112 Public Notice, Public § 65-80-605 Permit Required Comment Period, and Public Hearing § 65-80-610 Application for Permit § 65-80-114 Public Notification of § 65-80-615 Operating Conditions Permit Determination § 65-80-620 Recordkeeping and § 65-80-116 Effect of the Permit Reporting Requirement § 65-80-118 Modification of Existing Permits Part 700 Collection: Requirements for § 65-80-120 Suspension of Permit Commercial Waste Haulers § 65-80-122 Revocation of Permit § 65-80-701 Registration Required § 65-80-124 Permit Renewal § 65-80-705 Information Required for § 65-80-126 Transfer of Permit Registration § 65-80-128 Reporting Termination § 65-80-710 Applicant Responsible § 65-80-130 Posting of a Permit for Operation § 65-80-132 Falsifying or Altering a § 65-80-715 Approval of Registration Permit § 65-80-720 Modification, § 65-80-134 Annual Reporting Suspension, Revocation or Transfer § 65-80-136 Conformance with Other § 65-80-725 Standard Conditions CNMI and Federal Regulations § 65-80-138 Inspection Part 800 Miscellaneous § 65-80-140 Variances Facilities/Activities § 65-80-142 Existing Facilities § 65-80-801 Applicability § 65-80-805 Permit Required Part 200 Municipal Solid Waste § 65-80-810 Application for Permit — Landfill Criteria General Requirements § 65-80-201 Municipal Solid Waste § 65-80-815 Application for Permit — Landfill Criteria Specific Requirements by Facility Type § 65-80-820 Operating Conditions Part 300 Classification of Solid Waste § 65-80-825 Recordkeeping and Disposal Facilities and Standards for Non- Reporting Requirement © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 1 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY Part 900 Financial Assurance for Non- § 65-80-1025 Director’s Responsibility MSWLF Facilities/Operations/Activities § 65-80-1030 Civil Actions [Reserved] § 65-80-1035 Search Orders or Warrants Part 1000 Enforcement Authority and § 65-80-1040 Searches Without Procedures Warrants § 65-80-1001 Remedies for Violations § 65-80-1005 Right to Intervene Part 1100 Miscellaneous Provisions § 65-80-1010 Suspension, Revocation, § 65-80-1101 Severability Modification of Permits § 65-80-1015 Knowing and Willful Appendix I 40 CFR 258 (1999) Violations Appendix II 40 CFR 257 (1999) § 65-80-1020 Procedures for Administrative Orders Chapter Authority: 1 CMC §§ 2646-2649; 1 CMC § 2650; 2 CMC §§ 3101-3135; 2 CMC §§ 3511-3521. Chapter History: Amdts Adopted 47 Com. Reg. 52148 (June 15, 2025); Amdts Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Amdts Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Amdts Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Commission Comment: For a complete history of the authority of the Division of Environmental Quality (DEQ), see the commission comment to NMIAC chapter 65-10. PL 6-30 (effective May 23, 1989), the “Commonwealth Solid Waste Management Act of 1989,” codified as amended at 2 CMC §§ 3511-3521, specifically addresses the collection, disposal and management of solid waste in the Commonwealth. 2 CMC § 3515 empowers DEQ to issue permits for the collection and disposal of solid waste and to establish rules and regulations to enforce DEQ’s powers under the act. 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 § 65-80-001 Applicability (a) The regulations in this chapter have been promulgated by the Division of Environmental Quality under the authority of Commonwealth Solid Waste Management Act, 1989, 2 CMC §§ 3511 to 3521; the Commonwealth Environmental Protection Act (CEPA), 1982, 2 CMC §§ 3101 to 3134, and the Commonwealth Environmental Amendments Act (CEAA), 1999, PL 11-103. 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. (b) The regulations in this chapter are applicable to all persons involved in the management of solid waste. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 2 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-005 Purpose & Prohibitions (a) The purpose of the regulations in this chapter is to establish the requirements and criteria for new and existing solid waste management activities and solid waste management facilities (SWMFs) including, but not limited to, municipal solid waste landfills and other landfilling operations, incineration, solid waste collection and transfer, materials processing, recycling, composting, and salvage. These requirements and criteria ensure the protection of human health and the environment. (b) All new and existing solid waste management activities and SWMFs failing to comply with the regulations and criteria in this chapter are prohibited. Facilities for the disposal of solid waste that fail to satisfy the requirements of this chapter are considered open dumps, and the use of open dumps is prohibited. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-010 Definitions (a) Definitions from federal regulations incorporated by reference are included in the appendices to this chapter. (b) The following are additional definitions included for clarity as they pertain to the CNMI Solid Waste Management Regulations, codified in this chapter: (1) “Acts” mean the CEPA, SWMA, and the CEAA unless otherwise stated. (2) “Bioconversion” means the processing of the organic fraction of the waste stream through biological or chemical means to perform composting or to generate products, including, but not limited to, fertilizers, feeds, methane, alcohols, tars, and other products. This term includes, but is not limited to, biogassification, acid hydrolysis, pyrolysis, and fermentation. This term does not include any form of incineration or methane gas extraction from a MSWLF. (3) “CEAA” means Commonwealth Environmental Amendments Act, 1999, PL 11-103. (4) “CEPA” means Commonwealth Environmental Protection Act, 1982, 2 CMC §§ 3101 to 3134. (5) “CESQG wastes” means hazardous wastes from a conditionally exempt small quantity generator as defined in 40 CFR 261.5 (2021). (6) “CFR” means the United States Code of Federal Regulations, 2021. (7) “Closure” means those actions taken by the owner or operator of a solid waste management facility to cease disposal operations and to ensure that closure is in conformance with applicable requirements as described in part 200. (8) “CNMI” or “Commonwealth” means the Commonwealth of the Northern Mariana Islands. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 3 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (9) “Collection” means the removal of solid waste from a generation or transfer point and the subsequent transport of the solid waste to a site/facility for further processing, additional transfer, or disposal. (10) “Composting” means a process in which organic solid wastes, such as biosolids (sewage sludge), vegetative waste materials, manures, and non-treated wood chips and shavings, are biologically decomposed and stabilized under controlled conditions to produce a stable humus-like mulch or soil amendment. This term includes the processing of organic and non-treated wood waste materials for the generation of wood chips or other materials that can be used as soil amendment, planting mixes, mulches for horticultural and agricultural applications, landfill cover, and land reclamation. (11) “Construction and demolition waste” means concrete, rock, brick, bituminous concrete, and masonry resulting from the demolition or razing of buildings or other structures. Construction and demolition waste does not include wood, composition roofing and roofing paper, steel, plaster, copper and other metals, friable asbestos, hazardous substances, or materials contaminated with waste paints, solvents, sealers, adhesives, or similar materials. (12) “Convenience center” means waste handling facilities performing limited transfer station operations and receiving less than five tons per day of exclusively household/residential waste. (13) “Cover material” means soil or other suitable material that has been approved by the Director of DEQ for use as cover material for solid waste at a MSWLF. (14) “DEQ” means the CNMI Division of Environmental Quality. (15) “Director” means the Director of the CNMI Division of Environmental Quality or person designated to act by the Director unless otherwise specified. (16) “DPW” means the CNMI Department of Public Works unless otherwise specified. (17) “Hazardous waste” means any waste defined as “hazardous waste” under 40 CFR 261.3 (2021). (18) “Incineration” means the destruction of solid waste by combustion in a furnace designed for such purposes where solid waste essentially is reduced to ash, carbon dioxide and water vapor. (19) “Municipal Small Communities Exemption Landfill” (SCEL) means any MSWLF that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, and the MSWLF unit either (i) serves a small community where surface transportation is interrupted for at least three consecutive months in a row each year, preventing access to a regional waste management facility, or (ii) has no practical waste management alternative and the landfill is located in an area that receives no more than 25 inches of precipitation per year. (20) “Nuisance” means an act or an omission of an act which annoys, injures, or endangers the comfort, health, or safety of others, offends decency, or unlawfully interferes with, or obstructs or tends to obstruct, any public park, square, street, or highway, or in any way renders other persons insecure in life, or in the use of property. (21) “Permit” means any authorization, license, or equivalent control document issued under the authority of DEQ that regulates the management of solid waste including location, design, construction, operation, groundwater monitoring, corrective action, © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 4 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY closure, post-closure care, and financial assurance elements applicable to solid waste management activities and SWMFs. (22) “Permit by rule” means an abbreviated procedure by which those solid waste management facilities considered by the Director of DEQ to have limited impact to the community and the environment may begin operations in accordance with § 65-80-108 of this chapter. (23) “Person” means an individual, firm association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (24) “Post-closure” means the requirements placed upon landfill disposal sites after closure to enable their environmental safety for a thirty-year period. (25) “Premises” means tract or parcel of land with or without buildings. (26) “Processing” means an operation to convert solid waste or recyclable materials into a useful product or prepare such materials for disposal. (27) “Pyrolysis” means the process in which solid waste is heated in an enclosed device in the absence of oxygen to vaporize the waste, producing a hydrocarbon-rich gas capable of being burned for recovery or energy. (28) “RCRA” means the federal Resource Conservation and Recovery Act, 1976, as amended to 2021, 42 USC §§ 6901 to 6992. (29) “Recoverable materials” means materials that can be diverted from disposal for recycling or bioconversion. This term does not include batteries, pesticides, mercury- containing equipment, lamps and aerosol cans subject to regulation as “universal waste” under 40 CFR Part 273 (2021). (30) “Recycling” means the collection, separation, processing, recovery, and sale or reuse of recoverable materials that would otherwise be disposed of as solid waste, including but not limited to cardboard, newspaper, office paper, glass, aluminum containers, plastics, tires, and metal scraps, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. (31) “Recycling drop-off facility” means a manned or unmanned structure or site for collection, manual segregation, and temporary storage of recoverable materials. (32) “Recycling processing or materials recovery facility” means a structure or site that performs any or all of the activities required to process or recover recoverable materials for recycling, including collection, manual segregation, separation, sorting, baling, shredding, crushing, melting, temporary storage, and/or transportation of recoverable materials. (33) “Reserved” means a section having no requirements and which is set aside for future possible rulemaking as a note to the regulated community. (34) “Salvage” means the incidental removal of solid waste for reuse under the control of the facility owner or operator. (35) “Solid waste” means any waste defined as “solid waste” under 40 CFR 261.2 (2021). (36) “Solid waste disposal facility” means any facility which receives solid waste for ultimate disposal through landfilling or incineration. This term does not include recycling drop-off facilities, recycling processing or materials recovery facilities, or bioconversion facilities. (37) “Solid waste management activity” means any activity that provides for the systematic administration of the collection, source separation, storage, transportation, transfer, transformation, processing, treatment, and disposal of solid waste. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 5 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (38) “Solid waste management facility” (SWMF) means any site at which solid wastes are aggregated for storage, transfer, transformation, processing, or disposal, including but not limited to municipal solid waste landfills (MSWLFs), (as defined under 40 CFR part 258 (2021) adopted by reference under part 200 of this chapter), non-municipal, non- hazardous waste disposal units that receive conditionally exempt small quantity generator (CESQG) waste (as defined under 40 CFR part 257 (2021) adopted by reference under part 300 of this chapter), transfer stations, recycling operations, or incinerators, but not including sites where a single person has collected his/her own solid wastes for a brief period prior to removal to a solid waste management facility, unless such person has created thereby a public nuisance or health hazard. (39) “Solid waste management permit” means a permit issued by DEQ to a public or private entity that is involved in the collection and disposal of solid waste. (40) “Source separation” means separation of solid waste into some or all of its component parts at the point of generation of the solid waste. (41) “Storage” means the holding of solid waste materials for any temporary period. (42) “Stream” means the point at which any confined freshwater body of surface water reaches a mean annual flow rate of twenty feet per cubic second. (43) “Surface water” means all lakes, rivers, ponds, streams, inland waters, salt waters and water courses within the jurisdiction of the CNMI. (44) “SWMA” means Solid Waste Management Act, 1986, 2 CMC §§ 3511 to 3521. (45) “Transfer station” means a site to which solid wastes are brought from their point of generation or previous transfer and where such wastes are temporarily stored prior to transfer to a site of additional transfer or separation, recycling, storage, processing, or disposal. (46) “Treatment” means the physical, chemical or biological processing of solid waste to make such solid waste safer for storage or disposal, amenable for energy or material source recovery, or reduced in volume. (47) “Used oil transporter” means a person licensed or certified under local, state, or federal requirements to transport used oil. (48) “White goods” means electrical and mechanical appliances made primarily of metal parts such as refrigerators, clothes washers and dryers, microwaves, and televisions. (49) “Zero Waste” means designing and managing products, packaging and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve, reuse, and recover all resources and not burn or bury them. Implementing Zero Waste will eliminate all discharges to land, water, or air that are a threat to planetary, human, animal, or plant health. Modified, 1 CMC § 3806(a). History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 100 - General Permit Requirements - Solid Waste Management Activities/Facilities § 65-80-101 Applicability © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 6 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (a) It shall be unlawful for any person to perform solid waste management activities or own or operate a SWMF except in accordance with a permit issued under this chapter. All permit applications shall be submitted to DEQ, and all permits will be issued by DEQ. DEQ shall have the authority to impose requirements on all solid waste management activities and SWMFs to ensure compliance with these and all applicable regulations. (b) Permits issued by DEQ shall be valid for five years following the date of issuance. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-102 Exemption The following are exempted from requirements of this part. These exemptions do not apply to facilities regulated under 40 CFR parts 257 and 258 (1999). (a) A single family or multiple residence composting only green or vegetative solid wastes generated on its premises. (b) Minor facilities/activities not involving the disposal of municipal solid waste, as determined in writing by DEQ. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-104 Application for Permit An application for a permit shall be completed on forms furnished by DEQ and shall include, but not be limited to the following: (a) Name, address, and telephone number of the applicant; (b) Type of application (new, revision, or renewal); (c) A description of how the proposed solid waste management facility/activities complies with applicable regulations; certification of compliance with local ordinances and zoning requirements; (d) A written description of the proposed solid waste management facility/activities, including information such as general plan of operation of the solid waste management facility/activities (e.g., collection, segregation, disposal, etc.); proposed method and length of operation; area/population to be served; characteristics, quantity, and source material to be managed; the use and distribution of processed materials; method of processed residue disposal; type of equipment to be used; number of solid waste management personnel and the responsibilities of personnel; source and type of cover material (if applicable); © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 7 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY emergency operating procedures; frequency and proposed routes of transportation to be used for the solid waste management facility/activities; (e) Detailed description of plans and specifications for the solid waste management facility/activities and a detailed map showing the location of the solid waste management facility/activities. Final design specifications shall comply with all applicable regulations and criteria including those found in parts 200 and 300 of this chapter and be submitted to DEQ for approval prior to commencement of operations/activities; (f) For MSWLF and non-municipal non-hazardous waste disposal units receiving CESQG wastes, a description of the plans for ground-water monitoring and corrective action as required in parts 200 and 300 of this chapter; (g) For MSWLF, description of the plans for the closure and post-closure as required in part 200 of this chapter; (h) For MSWLF, description of the how the facility will meet the financial assurance requirements as required in part 200 of this chapter; (i) Other specific requirements as stated for each facility/activity. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-106 Fees (a) Every applicant for a permit shall pay a permit application fee in accordance with the following fee schedule: Recycling Drop-Off Facility — $250Automotive,ScrapMetal,andWhiteGoodsSalvageFacilities—$250 Recycling Processing or Recovery Facility — $500TransferStation—$500 Bioconversion Facility — $500ConstructionandDemolitionWasteLandfill—$1000 Solid Waste Disposal Facility — $1000 (b) Permit application fees shall be paid by check made payable to the CNMI Treasury. (c) Government agencies applying for a permit are exempt from the requirement to pay an application fee. (d) Payment of the permit application fee is due upon submission of an initial application and for each renewal application. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-108 Permit by Rule © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 8 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (a) Notwithstanding any other provision of these rules, the following types of facilities shall be deemed to have a permit if all applicable conditions are met: (1) Recycling drop-off facilities that store less than one ton of recoverable materials at any one time. (2) Composting facilities that store less than one ton of organic solid wastes at any one time. (3) Automobile salvage facilities that store fewer than 10 automobiles at any one time. (4) White goods salvage facilities that store fewer than 10 automobiles at any one time. (b) General Conditions. (1) At least thirty (30) days prior to commencing the activities covered under a permit by rule, written notification of such activity must be made to DEQ. The notification shall be accompanied by a $50 administrative fee. Persons failing to notify DEQ of such activities shall be deemed to be operating without a permit. (2) No regulated hazardous waste in accordance with 40 C.F.R. Part 261 may be collected, transported, or disposed at any of the facilities. (3) Suitable means shall be employed to prevent solid wastes from scattering and to control litter, odors, and vectors such as rodents and insects. (4) Suitable means shall be employed to prevent and control fires, including an emergency response plan when appropriate. (5) It is the responsibility of the facility owner and/or operator to comply with all the local rules, regulations, and ordinances, and DEQ may add additional conditions deemed appropriate. (6) Each facility shall be supervised, secured, and have a permanent sign identifying the facility, hours and days of operations, materials accepted or not accepted, the name and contact information for the facility owner and/or operator, and other pertinent information. (c) Conditions for Recycling Drop-Off Facilities. (1) Scavenging at the facility by the general public is prohibited. (2) An annual report shall be prepared and submitted to DEQ reposting the weights and types of recoverable materials received and distributed (including all materials sold, disposed, or otherwise shipped offsite) between July 1-June 30. The report is due on July 31 of each year. (d) Conditions for Composting Facilities. (1) The finished compost must be sufficiently stable that it can be stored or applied on land without producing a nuisance. (2) An annual report shall be prepared and submitted to DEQ reporting the tonnage between July 1-June 30 of solid waste accepted, composted tonnage produced, and disposed (including all waste removed from the facility for disposal). The report is due on July 31 of each year. (3) No used cooking oil, treated lumber, stained or painted wood, or biosolids (sewage sludge) may be accepted or processed for composting. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 9 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-110 Regulatory Agency Review (a) DEQ may require any additional information necessary to issue permits that are adequate to ensure compliance with the local and federal regulations and to ensure protection of public health and the environment of the CNMI. (b) DEQ shall within a reasonable amount of time from the date the application is received and the payment of the application fee, notify the applicant in writing if any additional information or items are required. Within 180 days of the receipt of a complete application DEQ will notify the applicant of approval or disapproval. (c) The 180 days time period will be tolled for any requests for additional information and for the public comment period. (d) Within one hundred eighty days of receiving a complete application, and after consideration of public comments in accordance with § 65-80-112, DEQ shall: (1) Approve an application for a permit if the application and the supporting information clearly show that the issuance thereof does not pose a threat to the environment, public health, or welfare, and that the solid waste management activity or SWMF is designed, built, and equipped to operate without causing a violation of applicable rules and regulations; (2) Deny an application for a permit if the application and supporting information clearly show that the issuance, thereof, poses a threat to the environment, public health, or welfare, or that solid waste management activity or SWMF is not designed, built, and equipped to operate in compliance with applicable rules and regulations. (3) With the exception of all federally-approved and delegated programs, if no determination on a permit application has been made one hundred eighty days after receipt of a complete application, the application shall be considered approved provided that the applicant acts consistently with the application and all plans, specifications, and other information contained therein. The permittee shall be subject to all applicable or relevant and appropriate federal and CNMI laws and regulations. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-112 Public Notice, Public Comment Period, and Public Hearing (a) Before issuing a permit for a MSWLF, and before issuing any other permits covered by this chapter which DEQ determines warrant public participation, representatives of DEQ shall conduct a public hearing pursuant to 2 CMC § 3122(d) regarding DEQ’s intention to issue such a permit and give public notice providing for a forty-five day public review and comment period on the permit application documents and on the proposed action. The contents of the public notice shall include at least the following: © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 10 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (1) Name, address, and phone number of DEQ and applicant; (2) Brief description of each applicant’s activities or operations; (3) A short description of the location of the MSWLF, or other solid waste management activity or SWMF indicating whether such MSWLF, or solid waste management activity or SWMF is new or existing; (4) Address and phone numbers of premises at which interested persons may obtain further information and inspect a copy of the application and supporting documents. (b) A public hearing shall be held no less than twenty-one days from the start of the public comment period. DEQ shall address public comments at the hearing. Comments received at the public hearing and during the public comment period shall be considered in making a decision and DEQ shall prepare written responses to all significant comments. The response to comments shall be made available to the public upon request. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-114 Public Notification of Permit Determination Pursuant to CEPA, DEQ shall make known to the public through public notice its determinations regarding any MSWLF permit, or other any other solid waste management activity or SWMF permit which DEQ has determined warrants public participation under § 65-80-112, within thirty days of such a determination. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-116 Effect of the Permit (a) Written acceptance of any and all permit conditions by the applicant shall be necessary prior to any commencement of facility construction/operation or prior to commencement of any activities for which the permit is required; (b) The owner or operator must notify DEQ that construction, operations, or activities have been completed in accordance with the approved plans and specifications; (c) Prior to commencement of the permitted facility, operation, or activity, an inspection will be conducted by DEQ to confirm that the facility, operations, or activities are ready to commence in compliance with applicable requirements. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-118 Modification of Existing Permits (a) DEQ may, on its own motion or the application of any person, modify a permit if, after affording the applicant an opportunity for a hearing, the Director determines that: © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 11 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (1) Any condition of the permit has been violated or due to change in any condition requiring either a temporary or permanent reduction or elimination of the permitted activity or facility. (2) There is a change in the applicable laws or regulations governing solid waste management. (3) Such an action is in the public interest. (b) DEQ shall develop a schedule to revisit and reissue all existing permits affected by the change in the law or regulations at the time of the change. Modification of the permit shall become final ten days after service of notice of the final decision to modify the permit. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-120 Suspension of Permit (a) DEQ may, on its own motion or based on the application of any person, suspend a permit if, alter affording the applicant an opportunity for a hearing, DEQ determines that: (1) Any condition of the permit has been violated; (2) Any statute or regulation of the local or federal government has been violated; or (3) Or such an action is in the public interest. (b) The permit shall be suspended until all conditions of the permit are met or all violations have been properly corrected. Suspension of a permit shall become final ten days after service of notice of the final decision to suspend on the holder of the permit. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-122 Revocation of Permit (a) DEQ may on his own motion or the application of any person, revoke any permit if, after affording the applicant an opportunity for a hearing, DEQ determines that: (1) There is a violation of any condition of the permit; (2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; (3) There is change in any condition that requires either a temporary or permanent reduction or elimination of the permitted disposal; or (4) Such an action is in the public interest. (b) Revocation of a permit shall become final ten days after service of notice of the final decision to revoke on the holder of the permit. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-124 Permit Renewal © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 12 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY The permittee must apply for renewal of the permit sixty days before the permit expires. At the time of renewal of a solid waste management permit, the facility is reevaluated and the permit conditions updated to reflect changes to the current operational procedures. The criteria for permit renewal determination is the same as for the initial application and shall be in accordance with §§ 65-80-104 through 65-80-116 of this chapter. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-126 Transfer of Permit A permit shall not be transferable, whether by operation of law of or otherwise, either from one location to another, from one SWMF to another or from one person to another, without the written approval of DEQ. A transfer shall not be approved by the Director unless he determines that all applicable laws and regulations have been and will continue to be complied with after the transfer and only if the transferee provides a written assurance that it will so comply. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-128 Reporting Termination Sixty days prior to closure any person issued a permit shall report the permanent termination of the solid waste management activity or SWMF for which the permit has been issued to DEQ and within the thirty days after the closure shall surrender the permit to DEQ. DEQ may approve immediate closure of any SWMF if the facility poses a major threat to human health and the environment. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-130 Posting of a Permit Upon granting an approval for a permit, DEQ shall issue to the applicant a permit that shall be posted in a conspicuous place at or near the operation site for which the permit was issued. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-132 Falsifying or Altering a Permit No person shall knowingly deface, alter, forge, counterfeit, or falsify a permit. If the permit holder, his agents or employees, are found responsible for any such activity it shall bring about immediate revocation of the permit. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 13 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-134 Annual Reporting The permittee shall submit an annual report to DEQ with information including the total volume and types of solid waste collected and the average number of individual residences or households and businesses serviced by the permittee on a weekly basis. The annual reports also shall be submitted with the application for a MSWLF permit renewal. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-136 Conformance with Other CNMI and Federal Regulations The owner or operator of a solid waste management activity or a SWMF must comply with any other applicable Commonwealth or federal rules, laws, regulations, or other requirements. Compliance with the regulations in this chapter does not exempt the owner or operator of a solid waste management activity or a SWMF from complying with such applicable Commonwealth or federal requirements. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-138 Inspection (a) Representatives of DEQ, in accordance with the law, may enter and inspect a facility for the purpose of conducting inspections adequate to determine compliance with the solid waste management regulations including the terms of a permit. The inspections may be made with or without advance notice, with good purpose, and at the discretion of the Director of DEQ. The authority to inspect shall include the ability: (1) To obtain any and all information, including records and reports, from an owner/operator of a solid waste management activity or SWMF necessary to determine whether the owner/operator is in compliance with the solid waste management regulations. (2) To inspect any equipment. (3) To collect samples of waste, and conduct monitoring or testing to ensure that the owner/operator is in compliance with the solid waste management regulations in this chapter. (4) To observe operations involving the use or disposal of waste. (b) Rights to Entry In accordance with 2 CMC § 3132(a), for purposes of enforcing the provisions of the Commonwealth of the Northern Mariana Islands Solid Waste Management Regulations, codified in this chapter, the Director of DEQ or his authorized representative is authorized: (1) To enter, at reasonable times, any establishment, site, premise subject or other place subject to the permit program or where solid waste is disposed, stored for transfer, or © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 14 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY processed; including where records relevant to the operation of regulated facilities or activities are kept. (2) To enter any premises at any time if there is substantial reason to believe that any waste disposed or stored, or otherwise present on such premises is, through accident, carelessness, or other circumstance, producing adverse effects on human health or the environment, for the purpose of taking such action as may be necessary to prevent or mitigate further adverse effects. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-140 Variances [Reserved.] History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-142 Existing Facilities All owners or operators of existing solid waste management activities or SWMF shall file immediately an application for a permit to continue to operate. Permit applications for existing facilities will be reviewed according to part 100 of this chapter. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 200 - Municipal Solid Waste Landfill Criteria § 65-80-201 Municipal Solid Waste Landfill Criteria (a) Municipal Solid Waste Landfill (MSWLF): 50 CFR part 258 (1999) is hereby adopted by reference in its entirety and is attached as appendix I to this chapter. All municipal solid waste landfills shall comply with the provisions of 40 CFR part 258 (1999). (b) Municipal Small Communities Exemption Landfill (SCEL): All municipal small communities exemption landfills shall comply with the provisions of 40 CFR 258.1(f)(1) to (3) (1999) and are thereby exempt from the requirements of 40 CFR 258 subparts D and E, subject to the following: (1) To qualify for the exemption in 40 CFR 258.1(f), the owner or operator of an SCEL shall: (i) Identify the proposed site(s) for the anticipated SCEL and provide copies of the land rights – Proof of valid legal interst in the real property, such as land title or lease agreement, shall also be submitted to BECQ for review and approval. (ii) Identify the proposed well site(s) or groundwater monitoring site(s) for BECQ’s review and approval. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 15 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (iii) Meet with BECQ to discuss the locations to collect groundwater samples at the proposed SCEL site. (iv) Sample for constituents listed in 40 CFR 258 Appendix – Constituents for detection monitoring and Appendix II – Lists of hazardous inorganic and organic hazardous constituents. (v) Demonstrate that there is no migration of hazardous constituents from the unit into the groundwater and provide results to BECQ for review and approval. (vi) Demonstrate baseline sample from up-gradient and down-gradient neighboring well(s). (vii) Sample testing and assessment for (iv), (v), and (vi) above is to be performed by a qualified and certified environmental specialist(s) either in-house or outsourced. Results must be provided to BECQ for review and approval. (viii) Submit a Solid Waste Management permit application with an indication of “Other Solid Waste Disposal Facility” on the permit application with all required supporting documents to BECQ for review and approval. (2) The SCEL permit may be valid for a certain period as approved by BECQ, but no more than three years after its approval. (3) Under a schedule approved by BECQ, but no more than three years after a SCEL fail to meet the standard established limits set in 40 CFR 258.1(f)(1), the SCEL must meet the requirements of 40 CFR 258 subparts D and E. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 300 - Classification of Solid Waste Disposal Facilities and Standards for Non- municipal Non-hazardous Waste Disposal Facilities That Receive CESQG Waste § 65-80-301 Adoption of Federal Standards 40 CFR part 257 (1999) is hereby adopted by reference in its entirety and is attached as appendix II to this chapter. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-305 Applicability in the CNMI All non-municipal, non-hazardous waste disposal facilities that receive CESQG waste shall comply with the provisions of 40 CFR part 257, subpart B (1999). History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 400 - Transfer Stations [Reserved.] © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 16 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 500 - Convenience Centers [Reserved.] History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 600 - Recycling and Materials Recovery Facilities § 65-80-601 Applicability (a) This Part regulates the construction and operation of recycling processing or materials recovery facilities. (b) The following facilities are exempt from regulation under this Part: (1) Recycling drop-off facilities permitted by rule; and (2) Transfer stations and solid waste disposal facilities already permitted by DEQ, provided that the recycling processing or materials recovery operations are addressed by the facility’s permit. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-605 Permit Required (a) A permit is required to construct and operate a recycling processing or materials recovery facility. (b) Recycling processing or materials recovery facilities that are in operation as of the effective date of this regulation shall submit a complete application for a permit within one year after the effective date of this regulation. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-610 Application for Permit The permit application shall be completed on forms furnished by DEQ and shall include, but not be limited to, the following: (a) Land rights. Proof of valid legal interest in the real property such as a land title or lease agreement shall be submitted. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 17 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (b) Site analysis. A site analysis shall be submitted and shall include at least a site plan, a process flow diagram, and a description of siting of equipment, machinery, public access, and turnaround areas. The site analysis shall identify any flood hazards, wetland areas, potable water supply wells, and fault areas. The site analysis shall include surrounding land uses and, where determined necessary by DEQ, describe mitigating measures taken to reduce the impact of the facility upon neighboring properties. (c) Design requirements. (1) Drainage. Each recycling processing or materials recovery facility shall be designed to provide adequate drainage to prevent standing water and to control “run-on” and “run- off” of rainwater. (2) Nuisance, health, and safety control. Each recycling processing or materials recovery facility shall be designed to include methods to control litter, insects, odors, and vectors. (3) Leachate. Waste or material storage areas and the active processing areas must be located on surfaces capable of minimizing leachate release into the groundwater under the site and the surrounding land surface. (d) Operations plan. An operations plan shall be submitted to DEQ detailing the following: (1) A description of the recoverable material proposed to be processed or recovered at the facility including the current management of the recoverable materials; (2) A means of weighing or measuring all materials accepted at the facility as well as all residue, waste, and recovered materials; (3) A plan for disposal of all residues and wastes, including intended disposal measures and capacities for temporary storage of residue and waste generated during processing or recovery; and (4) A plan to prevent and minimize fire hazards. (e) Closure plan. A closure plan shall be submitted to DEQ detailing what steps the facility will take upon facility closure to ensure no adverse environmental impacts. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-615 Operating Conditions The recycling processing or materials recovery facility must be operated in accordance with the approved operating plan. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-620 Recordkeeping and Reporting Requirement (a) The facility shall maintain daily operating records including: © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 18 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (1) The type and quantity, by weight or volume of recoverable material received by the facility; (2) The quantity, by weight or volume, of recyclable materials recovered and of residue or waste disposed (including all waste removed from the facility for disposal); and (3) A summary of all monitoring performed at the facility. (4) Any major deviations from the operating plan. (b) An annual report shall be prepared and submitted to DEQ summarizing for the period from July 1-June 30 the information reflected in the daily operating records. The report is due on July 31 of each year. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). Part 700 - Collection: Requirements for Commercial Waste Haulers § 65-80-701 Registration Required It shall be unlawful for any person to initiate or continue the commercial collection of municipal solid waste without first registering the waste hauling vehicle with the DEQ. The annual registration fee for each vehicle shall be $50, and may be revised, in writing, by the Director of DEQ. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-705 Information Required for Registration All applicants shall complete and submit their registration on forms furnished by the DEQ and provide the following information for approval determination: (a) A copy of their current business license. (b) A list of all trucks and other equipment involved in the operation. (c) The location of any vehicle or equipment storage facility. (d) A copy of the insurance card for each vehicle. (e) A copy of the CNMI Department of Public Safety (DPS) vehicle registration. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-710 Applicant Responsible for Operation © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 19 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY Each registration form shall contain the original signature of the owner and applicant and shall constitute acknowledgment that the applicant will assume responsibility for operation of the collection business in accordance with the rules and regulations in this chapter and any conditions made a part of registration. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-715 Approval of Registration Registration applications containing all required information shall be considered approved 30 days following submittal, unless specific action is taken by DEQ. Commercial waste hauler registrations shall be renewed annually. The annual fee shall be $25 initially, and may be revised in writing, by the Director of DEQ. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-720 Modification, Suspension, Revocation or Transfer The registration may not be modified or transferred (including change of business address) without approval from the Director of DEQ. The Director, as specified under §§ 65-80- 118, 65-80-120, or 65-80-122 of this chapter, may modify, suspend or revoke any commercial waste hauler’s registration, if the Director determines any of the standard conditions or any of the provisions of 2 CMC §§ 3511 to 3521 or 2 CMC §§ 3101 to 3135 have been violated, or that such modification, suspension, or revocation is in the public interest. Modifications, suspensions, or revocations shall become final 10 days after service of the notice of final decision on the holder of the registration. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-725 Standard Conditions (a) All employees shall have received proper safety training as required by OSHA. (b) All loads shall be covered or otherwise managed to prevent windblown debris. (c) The company name, vehicle identification number, and volumetric capacity shall be printed on both the left and right doors of all vehicles. (d) The operator shall have in place management standards to minimize public nuisances such as odors and vectors (i.e. flies and rodents) or leaking loads. (e) All refuse shall be managed in such a manner as to prevent any impact on public health and safety. (f) All employees shall be made aware of any DEQ or DSWM disposal restrictions. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 20 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (g) All employees shall strictly follow any instructions given by DSWM personnel at the solid waste management facility. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 800 - Miscellaneous Facilities/Activities § 65-80-801 Applicability (a) This Part regulates the construction and operation of the following types of facilities: (1) Facilities that perform any or all of the activities required for composting, including chipping, chopping, mixing, blending, spraying, spreading, curing and/or processing; (2) Construction and demolition waste landfills; and (3) Salvage facilities, including but not limited to automotive salvage facilities (including automobile dismantlers and junkyards), scrap metal salvage facilities, and white goods salvage facilities. (b) The following facilities are exempt from regulation under this Part: (1) Facilities permitted by rule; and (2) Transfer stations and solid waste disposal facilities already permitted by DEQ, provided that the composting, construction and demolition waste landfill, and salvage operations are addressed by the facility’s permit. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-805 Permit Required (a) A permit is required to construct and operate a facility subject to § 65-80-801. (b) Such facilities that are in operation as of the effective date of this regulation shall submit a complete application for a permit within one year after the effective date of this regulation. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-810 Application for Permit — General Requirements The permit application shall be completed on forms furnished by DEQ and shall include, but not be limited to, the following: (a) Land rights. Proof of valid legal interest in the real property such as land title or lease agreement shall be submitted. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 21 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (b) Site analysis. A site analysis shall be submitted and shall include at least a site plan and description of siting of equipment, machinery, public access, and turnaround areas. The site analysis shall identify any flood hazards, wetland areas, potable water supply wells, and fault areas. The site analysis shall include surrounding land uses and, where determined necessary by DEQ, describe mitigating measures taken to reduce the impact of the facility upon neighboring properties. (c) Design requirements. (1) Drainage. Each facility shall be designed to provide adequate drainage to prevent standing water and to control “run-on” and “run-off” of rainwater. (2) Nuisance, health, and safety control. Each facility shall be designed to include methods to control litter, insects, odors, and vectors. (3) Leachate. Waste or material storage areas and the active processing areas must be located on surfaces capable of minimizing leachate release into the groundwater under the site and the surrounding land surface. Solid waste disposal areas must be located on compacted soil liners consisting of a minimum of a two foot thick layer of soil with a maximum permeability of a 1x10-5 cm/sec, or an alternative design approved by DEQ. (d) Operations plan. An operations plan shall be submitted to DEQ detailing the following: (1) A detailed description of the source, quality and quantity of the solid waste to be collected; (2) A means of weighing or measuring all materials accepted at the facility as well as all residue, waste, and salvaged or composted material produced; (3) A plan for disposal of all residues and wastes, including intended disposal measures and capacities for temporary storage of residue and waste generated during processing or recovery; and (4) A plan to prevent and minimize fire hazards. (e) Closure plan. A closure plan shall be submitted to DEQ detailing what steps the facility will take upon facility closure to ensure no adverse environmental impacts. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-815 Application for Permit — Specific Requirements by Facility Type In addition to the application material required by § 65-80-810, the operations plan submitted with the facility application shall include the following additional information as applicable: (a) Composting facilities (1) A detailed description of the type and expected quantity of any bulking agent to be used; © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 22 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (2) The method by which organic solid waste that possess a pathogen concern will be composted to meet the criteria for reducing pathogens. Acceptable methods are: (i) The windrow composting method, in which the solid waste is maintained under aerobic conditions during the composting process, and is turned a minimum of five times during a period of fifteen consecutive days with the temperature of the mixture being fifty- five degrees Celsius or greater within six to eight inches below the surface of the pile; (ii) The aerated static pile composting method, in which the compost pile must be insulated and a temperature of not less than fifty-five degrees Celsius or greater must be maintained throughout the compost pile for at least three consecutive days; (iii) The enclosed vessel composting method, in which the mixture must be placed in an enclosed vessel and maintained at a temperature of not less than fifty-five degrees Celsius or greater throughout the mixture for at least three consecutive days; and (iv) Other methods approved by DEQ on a case-by-case basis; (3) A monitoring plan, including the location of monitoring points and frequency of monitoring, to ensure that the composting facility has sufficient temperature monitoring to ensure that the pathogen reduction criteria are met. For a windrow and aerated static pile process, this may include monitoring six to eight inches below the pile surface; for an aerated static pile process, this may include monitoring six to eight inches from the outlet of the aeration pipe; and for an enclosed vessel system, this may include monitoring six to eight inches inside the vessel wall and six to eight inches from the aeration piping (when operating in the positive aeration mode). Temperature monitoring must occur, at a minimum, on a daily basis: and (4) A plan to ensure that the finished compost from composting operations shall be nonpathogenic, free of offensive odors, biologically and chemically stable, free of injurious components or particles, and able to sustain plant growth, together with a description of the ultimate use for the finished compost and the method of removal from the site. (b) Construction and demolition solid waste landfills (1) A waste exclusion plan to ensure that the landfill will not accept hazardous waste: electrical transformers with oil or polychlorinated biphenyls (PCB) or when generated from other than demolition projects; pesticide containers, unless they meet applicable requirements for household waste; liquids; or friable asbestos containing material, unless it complies with 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants; (2) A groundwater monitoring plan including (i) The location of monitoring wells (with a minimum of one upgradient and one downgradient monitoring wells, plus any additional wells required by DEQ) and a detailed description of the monitoring well construction; (ii) A sampling plan including tests to be performed, methods to be used, and frequency of sampling (including sampling and testing of the monitoring wells prior to starting operations to establish baseline data), for the following chemicals: arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver, chemical oxygen demand, total organic carbon, total petroleum hydrocarbon, and cyanide; and (iii) Corrective action requirements should the results of testing show exceedances of water quality standards and/or elevated concentrations above baseline. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 23 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (c) No additional application requirements apply for salvage facilities. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-820 Operating Conditions (a) Each facility subject to this Part 800 must be operated in accordance with the approved operating plan. (b) The owner and/or operator of each facility subject to this Part 800 must notify any potential purchaser of the property that the property has been used for regulated solid waste management activity. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). § 65-80-825 Recordkeeping and Reporting Requirement (a) The facility shall maintain daily operating records including: (1) The type and quantity, by weight or volume of waste received by the facility; (2) The quantity, by weight or volume, of compost produced and/or material salvaged, as applicable, and of residue or waste disposed (including all waste removed from the facility for disposal); (3) A summary of all monitoring performed at the facility; and (4) Any major deviations from the operating plan. (b) An annual report shall be prepared and submitted to DEQ summarizing for the period from July 1-June 30 the information reflected in the daily operating records. The report is due on July 31 of each year. Modified: 1 CMC § 3806(a). History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 43 Com. Reg. 47660 (Oct. 28, 2021); Proposed 43 Com. Reg. 47500 (Aug. 28, 2021). Part 900 - Financial Assurance for Non-MSWLF Facilities/Operations/Activities [Reserved.] History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 1000 - Enforcement Authority and Procedures § 65-80-1001 Remedies for Violations © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 24 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY The Director of DEQ is authorized to impose the following remedies for violation of the CNMI Solid Waste Management Regulations, codified in this chapter. (a) Pursuant to 2 CMC § 3131(a) and (c), and 2 CMC § 3519(a) and in accordance with § 65-80-1020, the Director may issue any order necessary to enforce the Acts, the regulations in this chapter, and any term of any permit issued under these regulations including but not limited to: (1) An order to cease and desist, immediately or within a stated period of time, any violation of the Acts, the regulations in this chapter or any term of any permit issued under these regulations. (2) An order to cease and desist immediately any activity which may endanger or cause damage to human health or the environment. (3) An order to take such mitigating measures as may be necessary to reverse or reduce any significant adverse effects of a violation of the Acts, the regulations in this chapter, or any term of any permit issued under these regulations. (4) An order to pay any civil penalties authorized by law for violations of the regulations in this chapter, any order issued under these regulations and any term of a permit granted pursuant to these regulations. (5) An order to a pay a penalty for any amount expended by DEQ in taking necessary action to reverse or reduce any significant adverse effect of a violation of the regulations in this chapter, any order issued under these regulations, any term of a permit granted pursuant to these regulations. (b) Pursuant to 2 CMC § 3131(b), the Director, through the CNMI Attorney General, may institute a civil action in the Commonwealth Superior Court to take any action authorized by law, including but not limited to the following: (1) Enjoin any threatened or continuing activity that violates the Acts, the regulations in this chapter, any order issued under these regulations and any term of a permit granted pursuant to these regulations. (2) Recover civil penalties for violations of the Acts, the regulations in this chapter, any order issued under these regulations and any term of a permit granted pursuant to these regulations. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1005 Right to Intervene In accordance with 2 CMC § 3131(i), any citizen having an interest that is or may be adversely affected, shall be allowed to intervene as a right in any civil action to obtain the remedies specified in § 65-80-1001. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1010 Suspension, Revocation, Modification of Permits © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 25 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY If appropriate, and consistent with §§ 65-80-118, 65-80-120, and 65-80-122 and 65-80- 1025 of this chapter, the Director may suspend, revoke, or modify any permit, license, 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. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1015 Knowing and Willful Violations Any person who knowingly and willfully commits any criminal act in violation of the Acts, the regulations in this chapter, and any permit, or order issued under this chapter, and who is found guilty by a court of competent jurisdiction may be punished by a fine and/or imprisonment in accordance with the law. Any other penalties or remedies provided by this chapter, the law and/or ordered by the Director shall also remain in effect. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1020 Procedures for Administrative Orders (a) Any person who is subject to civil penalties, revocation, or suspension may be served with a notice of violation and administrative order and may, upon written request, seek a hearing before the Director or designee. Request for a hearing 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. (b) 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 (1) The circumstances or arguments which are alleged to constitute the grounds of defense, (2) The facts which respondent intends to place at issue, and (3) Whether a hearing is requested. (4) 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 respondents obligation to file a timely request for hearing. If a settlement is reached the parties shall forward a proposed consent order for the approval by the Director. © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 26 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY (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 at 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 the Director reasonably determines to be just and efficient and promote the ends of justice. The Director shall issue a final written decision within 15 working 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) 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: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1025 Director’s Responsibility The Director shall have the responsibility to prepare, issue, modify, revoke and enforce orders for compliance with any of the provisions of this chapter or of any rules and regulations issued pursuant thereto and requiring the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this chapter. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1030 Civil Actions The Director may initiate civil actions through the Commonwealth courts which shall be transmitted through and with the approval of the Office of the Governor and the Attorney General as necessary to enforce the regulations in this chapter. The Attorney General will institute legal actions to enjoin a violation, continuing, violation, or threatened violation of this chapter. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). § 65-80-1035 Search Orders or Warrants If the Director has probable cause to believe there has been a violation of the regulations in this chapter, upon receipt of an order or warrant from the Commonwealth Trial Court or © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 27 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY the District Court, DEQ may 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. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). 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. § 65-80-1040 Searches Without Warrants The Director or his authorized representative may enter property for purposes specified in § 65-80-138 without a warrant if: a violation has occurred or is imminent; the violation poses a serious, substantial, and immediate threat to public health or welfare; or the process of obtaining a warrant or order would prolong or increase the threat, impair discovery of evidence of a violation, or impair mitigation of the threat. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Part 1100 - Miscellaneous Provisions § 65-80-1101 Severability Should any part, 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 in any way thereby. History: Adopted 47 Com. Reg. 52148 (June 15, 2025); Proposed 47 Com. Reg. 51992 (Mar. 15, 2025); Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 28 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY Appendix I 40 CFR 258 (1999) Adopted by reference, in its entirety, at § 65-80-201 of this chapter © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 29 of 96

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TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). Appendix II 40 CFR 257 (1999) Adopted by reference, in its entirety, at § 65-80-301 of this chapter © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 73 of 96

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TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 88 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 89 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 90 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 91 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 92 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 93 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 94 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 95 of 96

TITLE 65: DIVISION OF ENVIRONMENTAL QUALITY History: Adopted 23 Com. Reg. 18088 (June 19, 2001); Proposed 22 Com. Reg. 17329 (July 20, 2000). © 2025 by The Commonwealth Law Revision Commission (June 15, 2025) Page 96 of 96

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Source: CNMI Law Revision Commission