Chapter 30.1. TITLE 155: DEPARTMENT OF PUBLIC WORKS

TITLE 155: DEPARTMENT OF PUBLIC WORKS SUBCHAPTER 155-30.1 SOLID WASTE COLLECTION AND DISPOSAL REGULATIONS Part 001 General Provisions Fees § 155-30.1-001 Definitions Part 200 Solid Waste Revolving Part 100 Tipping Fees Fund § 155-30.1-101 Tipping Fees at § 155-30.1-201 Allocation of Funds for Sub- Commonwealth Solid Waste Facilities accounts within the Solid Waste Revolving § 155-30.1-105 Payment System Fund § 155-30.1-110 Waiver of Tipping Subchapter Authority: 1 CMC § 2404; 2 CMC § 3514. Subchapter History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Amdts Adopted 26 Com. Reg. 21773 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 20001 (Feb. 28, 2003) (effective for 120 days from Feb. 3, 2003); Amdts Adopted 26 Com. Reg. 21772 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 19952 (Jan. 31, 2003) (effective for 120 days from Jan. 8, 2003); Amdts Adopted 24 Com. Reg. 19399 (July 29, 2002); Amdts Proposed 24 Com. Reg. 19125 (May 20, 2002); Adopted 22 Com. Reg. 17280 (June 20, 2000); Proposed 22 Com. Reg. 17200 (Apr. 20, 2000); Proposed 21 Com. Reg. 16986 (Nov. 15, 1999); Proposed 21 Com. Reg. 16945 (Oct. 15, 1999). Commission Comment: PL 1-8, tit. 1, ch. 15, codified as amended at 1 CMC §§ 2401-2405, creates the Department of Public Works (DPW) within the Commonwealth government. See 1 CMC § 2401. 1 CMC § 2404 directs the Department to adopt rules and regulations regarding those matters over which it has jurisdiction. PL 6-30 (effective May 23, 1989), the “Commonwealth Solid Waste Management Act of 1989,” is codified as amended at 2 CMC §§ 3511-3521. PL 6-30, as amended by PL 11-103 (effective Sept. 29, 1999) and PL 13-42 (effective Dec. 19, 2002), governs the collection, disposal, and management of solid waste in the CNMI. 2 CMC § 3514(a) empowers DPW to collect and dispose of solid waste as provided in the act, assess fees by regulation for the collection and disposal of solid waste and establish rules and regulations to enforce its powers. Part 001 - General Provisions § 155-30.1-001 Definitions The following phrases in the regulations in this subchapter shall be defined as follows: (a) “Commercial Waste Haulers”: Any person, business, or government agency or other entity who transports municipal solid waste generated by others. (b) “Large Commercial and Self-haulers”: Any hauler delivering 10 or more tons per day of waste to the facilities on a monthly average. (c) “Small Commercial and Self-haulers”: Any hauler delivering less than 10 tons per day of waste to the facilities on a monthly average. (d) “Self-haulers”: Any person, business, or government agency or other entity that © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 1 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS transports municipal solid waste generated exclusively by their own operations. (e) “Commonwealth Solid Waste Management Facilities”: Landfills dumps, refuse transfer stations, recycling centers, composting operations, and other waste receiving facilities operated by the Commonwealth of the Northern Mariana Islands Department of Public Works, Division of Solid Waste Management. (f) “Compacted Load”: A load that is hauled in a vehicle or container which is equipped with a hydraulic mechanism, or is designed to be used in conjunction with a hydraulic ram mechanism which compresses the load in order to maximize the amount of material that can be hauled in the vehicle or container. All other loads shall be considered to be uncompacted. (g) “Construction and Demolition Waste” (“C&D”): Largely inert solid waste resulting from the construction, demolition, or razing of buildings, roads, or other structures, or from the clearing of land. Includes materials such as concrete, rock, brick and masonry, asphalt, wood, roofing and roofing paper, gypsum board, plaster, steel, and minor amounts of other metals. Construction and demolition waste does not include clean-up materials contaminated with hazardous substances, friable asbestos, waste paints, solvents, sealers, or similar materials. (h) “E-waste”: Any discarded electronic or electrical devices or their parts; also called electronic waste and/or waste consisting of discarded electronic products such as computers, televisions, cables and cell phones. (i) “Friable Asbestos Containing Material”: Any material containing more than one percent friable asbestos (as defined under U.S. Code, Title 15, Section 2642) by weight. (j) “Garment Waste”: Refuse generated by businesses that are engaged in the processing of textiles and/or the manufacture of garments and that primarily contains textile scraps. (k) “Government Agencies Self-haulers”: Any government agency that transports municipal solid waste generated exclusively by their own operations. (l) “Green Waste”: Trees, leaves, brush, grass clippings, landscape waste, yard trimmings, and other similar plant material. Does not include land clearing debris mixed with dirt or rock. Biodegradable plant matter such as grass cuttings and branches. (m) “Household Refuse”: Solid waste (including garbage, trash, and sanitary waste in septic tanks) generated by residents directly as a result of their occupation or maintenance of their households. Does not include special wastes such as white goods, tires, or batteries. (n) “Land Clearing Debris”: Material generated as the result of clearing land-for construction. Primarily dirt, rock, and vegetative material. Does not include municipal refuse or construction demolition waste. (o) “Municipal Solid Waste”: All refuse, discards or other, no longer useable, material generated through normal residential, agricultural, commercial, and industrial activities. © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 2 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS Includes, but is not limited to: household waste, vegetative and animal waste generated by agricultural operations, commercial solid waste, non-hazardous sludge, conditionally exempt small quantity hazardous waste, construction and demolition waste, and industrial solid waste. (p) “Recyclables”: Materials accepted at the Lower Base Transfer Station (Material Recovery Facility), Saipan, including plastic bottles glass bottles, cans, and paper (q) “Residential Disposer”: An individual homeowner who hauls refuse generated from his own residence. Does not include self-haul waste from multiple units such as apartment complexes, barracks or other multi-family dwellings, or agricultural waste hauled from agricultural properties which include residences. (r) “Special Waste”: Solid waste, which due to its potential impact on public health and or the environment, requires special handling and additional environmental controls. Special wastes include, but are not limited to, junk cars, scrap tires, used lead acid batteries, white goods, used motor oil, dead animals, infectious medical waste, and sewage sludge. (s) “White Goods”: Appliances which are predominately made of metal and greater than one cubic foot in volume. Includes such items as refrigerators, washers, dryers, water heaters, air conditioners, and ranges. Modified, 1 CMC § 3806(a). History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Adopted 22 Com. Reg. 17280 (June 20, 2000); Proposed 22 Com. Reg. 17200 (Apr. 20, 2000); Proposed 21 Com. Reg. 16986 (Nov. 15, 1999); Proposed 21 Com. Reg. 16945 (Oct. 15, 1999). Commission Comment: [Historical comments removed.] In codifying 41 Com. Reg. 41616, the Commission inserted the adopted definition of “Green Waste” at the end of the existing definition. Part 100 - Tipping Fees § 155-30.1-101 Tipping Fees at Commonwealth Solid Waste Facilities (a)(1) For the receipt and disposal of solid waste delivered to Commonwealth solid waste management facilities by any business, industry, governmental agency, or educational institution, a tipping fee, based on weight, if the facilities are equipped with operable vehicle scales or based on volumetric assessment, if the facilities are not equipped with operable vehicle scales, shall be charged to the disposer as specified in subsections (b) through (c)* inclusive. (2) The tipping fees for Commonwealth solid waste facilities not equipped with operable vehicle scales are based on base fee rates of approximately $37.50 p er t o n f or m u ni c i p a l an d h o u se h o l d w a s t e,$ 70.00 per ton for garment waste, and standard volumetric solid waste conversions of 250 lbs./cu.yd. for uncompacted waste and 500 lbs/cu.yd. for compacted waste. For loads above 2 cubic yards, the charges above will be imposed based on the capacity of the vehicle regardless of whether it is fully loaded or not. The tipping fees for Commonwealth solid © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 3 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS waste facilities equipped with vehicle scales are based on base fee rates of $37.50 p er t o n f or m u ni c i p a l an d h o u se h o l d w a s t e,$ 70.00 per ton for garment waste. Separate fees shall be assessed for a trailer and the vehicle towing it if both the trailer and the towing vehicle are carrying solid waste. (b) Municipal and Household Solid Waste - $37.50 p er t o n . T y p i c a l V e hi c l eor C o n t ain er T y p e G e n er a l V o l u m e T i pp in g F ee 55 g a l . d r u m (a pp ro x .1/3 c u bi cy a r d) 3 or l ess d r u m s$ 3.00 4 to 6 drums $7.507 t o 8 d r u m s$ 15.00 more than 8 drums $7.50/2 d r u m s P i c k u pt r u c k oro t h er p a sse n g er v e hi c l e l ess t han o n ec u bi cy a r d$ 3.00 1 to 2 cubic yards $7.502 t o 4 c u bi cy a r d s$ 15.00 Flat bed, trailer, or overloaded pick up truck less than 3 cubic yards $15.003 t o 5 c u bi cy a r d s$ 22.50 5 to 8 cubic yards $37.50 D u m pt r u c k or l a r g e t r ai l er l ess t han 5 c u bi cy a r d s$ 22.50 5 to 10 cubic yards $45.0010 t o 15 c u bi cy a r d s$ 67.50 Compactor truck less than 5 cubic yards $37.505 t o 10 c u bi cy a r d s$ 75.00 10 to 20 cubic yards $150.00 R o ll - o ff co n t ain er l ess t han 10 c u bi cy a r d s$ 45.00 10 to 20 cubic yards $82.5020 t o 30 c u bi cy a r d s$ 120.00 30 to 40 cubic yards $157.50 (c) G a r m e n t Wa s t e -$ 70 per ton. Typical Vehicle or Container Type General Volume Tipping Fee 55 gal. drum (approx. 1/3 cubic yard) 3 or less drums $8.004 t o 6 d r u m s$ 14.00 7 to 8 drums $28.00 m ore t han 8 d r u m s$ 7.00/2 drums Pick up truck or other passenger vehicle less than one cubic yard $8.001 t o 2 c u bi cy a r d s$ 14.00 2 to 4 cubic yards $28.00 Fl a t b e d, t r ai l er, oro v er l o a d e d p i c k u pt r u c k l ess t han 3 c u bi cy a r d s$ 28.00 3 to 5 cubic yards $44.005 t o 8 c u bi cy a r d s$ 70.00 Dump truck or large trailer less than 5 cubic yards $44.005 t o 10 c u bi cy a r d s$ 84.00 10 to 15 cubic yards $128.00 C o m p a c t or t r u c k l ess t han 5 c u bi cy a r d s$ 70.00 5 to 10 cubic yards $140.00 © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 4 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS 10 to 20 cubic yards $280.00 R o ll - o ff co n t ain er l ess t han 10 c u bi cy a r d s$ 84.00 10 to 20 cubic yards $154.0020 t o 30 c u bi cy a r d s$ 224.00 30 to 40 cubic yards $294.00 (d) Sp ec ia l Wa s t e an d C o n s t r u c t i o nan d De m o l i t i o nWa s t e -$ 70 per ton. Typical Vehicle or Container Type General Volume Tipping Fee 55 gal. drum (approx. 1/3 cubic yard) 3 or less drums $8.004 t o 6 d r u m s$ 14.00 7 to 8 drums $28.00 m ore t han 8 d r u m s$ 7.00/2 drums Pick up truck or other passenger vehicle less than one cubic yard $8.001 t o 2 c u bi cy a r d s$ 14.00 2 to 4 cubic yards $28.00 Fl a t b e d, t r ai l er, oro v er l o a d e d p i c k u pt r u c k l ess t han 3 c u bi cy a r d s$ 28.00 3 to 5 cubic yards $44.005 t o 8 c u bi cy a r d s$ 70.00 Dump truck or large trailer less than 5 cubic yards $44.005 t o 10 c u bi cy a r d s$ 84.00 10 to 15 cubic yards $128.00 C o m p a c t or t r u c k l ess t han 5 c u bi cy a r d s$ 70.00 5 to 10 cubic yards $140.0010 t o 20 c u bi cy a r d s$ 280.00 Roll-off container less than 10 cubic yards $84.0010 t o 20 c u bi cy a r d s$ 154.00 20 to 30 cubic yards $224.0030 t o 40 c u bi cy a r d s$ 294.00 (e) Dead Animal. Description Fees Whole deceased animal carcasses (small cats/dogs) $3.00 Wh o l e d ece a se d anima l c a rc a sses (l a r g e) in c l u d in g b u t n o tl imi t e d t o$ 35.00 animal skin, intestines, and animal parts (f) Tires. Description Fees Tires OFF the Rim (less than 22.5”) $2.50 T i res ONt h e R im (l ess t han 22.5”)$ 5.00 Tires OFF the Rim (22.5” or larger) $8.00 T i res ONt h e R im (22.5” or l a r g er)$ 15.00 Tires-Heavy Equipment/Bulky $175.00 minimum charge, up to 1 ton (g) E-waste. © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 5 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS Description Fees CRT Monitors $25.00 L ess t han 1 f t in l e n g t h$ 1.00 1 ft to 2 ft in length $2.002 f t an d ab o v e$ 3.00 (h) Green Waste. Residential disposers may dispose of green waste for a $10 f l a t f ee p er l o a d re g a r d l esso f w e i g h t an d v o l u m e . A ll o t h er d i s p osers w i ll b ec ha r g e d$ 35 per ton. (i) Appliances / White Goods. Description Fees Water Heater, Air Conditioner, Stove, Refrigerator, Washer, Dryer, $25.00 D i s h w a s h er, De h u mi d i f i erors imi l a r i t e m s . Sp ec ia l han d l in g f ee : O zo n e d e pl e t in g s u b s t an ce an d or F reo n . S W M D$ 10.00 requires that any household appliances that contain refrigerants be accompanied with a letter from a licensed AC tech certifying that the unit is free and clear of all refrigerants prior to disposal. (j) Pre-sorting of Garment Material for Recycling (1) Upon the commencement date of the Pilot Garment Recycling Project, all garment manufacturers in the CNMI shall deliver all garment waste to the recycling facility located at the rear of the Department of Public Works (DPW), Technical Services Division (TSD) building in Lower Base, Saipan, MP. In order to facilitate the operation of this project and prior to delivery of any garment waste to the recycling facility, all garment manufacturers are required to separate their garment waste into four categories. The categories are: (i) White fabric - 100% cotton (ii) Colored fabric - 100% cotton (iii) 60% or more cotton (iv) All others. (2) All other types of municipal solid waste (MSW) (normal garbage) must be removed from the garment waste prior to delivery. Plastics, cardboard, and household waste will not be accepted. Any loads found to be sorted improperly or contaminated with other types of MSW will be rejected and will not be accepted at either the DPW/recycling site or at any solid waste facility including Puerto Rico Dump and the Marpi Landfill. These loads will require re-sorting to be acceptable. Any load that is rejected by the operator of the recycling facility due to contamination from kitchen and other type of wet trash or otherwise contaminated with plastic, cardboard, and other garbage that cannot be pre-sorted must return to the scale house at the transfer station to be assessed an additional thirty-five dollars per ton prior to disposal at any waste management site including but not limited to the Puerto Rico Dump and the Marpi Landfill. (3) Tipping fees will be collected at the DPW/recycling site. Fee assessment will continue to be based on volume until such time as the Lower Base Refuse Transfer Station (LBRTS) is operational. At that time, haulers will be required to report to the scale house at the LBRTS to have the loads weighed prior to delivery to the DPW/recycling site.

So in original. © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 6 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS Modified, 1 CMC § 3806(a), (f), (g). History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Amdts Adopted 26 Com. Reg. 21772 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 19952 (Jan. 31, 2003) (effective for 120 days from Jan. 8, 2003); Amdts Adopted 24 Com. Reg. 19399 (July 29, 2002); Amdts Proposed 24 Com. Reg. 19125 (May 20, 2002); Adopted 22 Com. Reg. 17280 (June 20, 2000); Proposed 22 Com. Reg. 17200 (Apr. 20, 2000); Proposed 21 Com. Reg. 16986 (Nov. 15, 1999); Proposed 21 Com. Reg. 16945 (Oct. 15, 1999). Commission Comment: [Historical comments removed.] § 155-30.1-105 Payment System (a) Payment of Fees: Tipping fee charges incurred at the Commonwealth solid waste facilities, whether or not they are equipped with scales, operable or not, under this section shall be paid on site, either in cash, by coupons or invoiced to an established account. Fees of $10.00 or l ess ma y b e p ai d in c a s h . A ll f eec ha r g eso v er$ 10.00 must be paid by pre-purchased coupons or invoiced to an established account. (b) All commercial waste haulers shall be required to register with the Department of Environmental Quality. In addition, any large self-hauler wishing to establish an account with the Division of Solid Waste Management must register with the Department of Environmental Quality. Prior to purchase of disposal coupons from the Division of Solid Waste Management, all commercial waste haulers shall be required to show proof of current registration. (c) Payment by Coupons: Pre-paid coupons for payment of fees at Commonwealth solid waste facilities may be purchased from the Commonwealth of the Northern Mariana Islands Division of Solid Waste Management. Commonwealth solid waste facilities will not accept cash payments for tipping fees for fees in excess of $10.00. Commonwealth solid waste facilities users must obtain tipping fee coupons from the Division of Solid Waste Management. Coupons shall be presented at the Commonwealth solid waste management facilities to pay the tipping fees for loads of waste to be disposed. Coupons will not be sold at Commonwealth solid waste management facilities. (d) Purchase of Coupons: Coupons shall be issued in books of five and ten coupons in two U.S. dollar and ten U.S. dollar denominations. All persons, businesses, industries, governmental agencies, institutions, or organizations which intend to dispose of solid waste at a Commonwealth solid waste management facility shall purchase coupons to use at landfill facilities from the Division of Solid Waste Management. Coupons will be sequentially numbered and attached to receipt stubs in the coupon books. Coupons must be presented intact in their books. Loose coupons will not be accepted. (e) Establishment of Accounts: (1) In order to establish an account with the Division of Solid Waste Management, the waste hauler must be registered with Division of Environmental Quality. The hauler must provide an estimate of waste delivered daily over a six month period, to the PRD (compacted and uncompacted). The Division of Solid Waste Management must verify this amount. © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 7 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS (2) Accounts will be limited to haulers who deliver 10 tons per day or more to the facilities on a monthly average. A deposit based on the estimate of tons per day delivered to the facilities, computed at $10 per ton, will be required in order to establish an account with the Division of Solid Waste Management. The hauler must provide the Division of Solid Waste Management with the following: (i) Owner name (ii) Company name (iii) Company telephone number (iv) Number of vehicles using the facilities (v) Identification numbers of all vehicles using the facilities (vi) Volumetric capacity of all vehicles using the facilities (vii) Verification of registration with the Division of Environmental Quality. (3) Company name, identification numbers, and volumetric capacity shall be printed clearly on all vehicles. (4) A 30-day notice must be provided for any new vehicles. Accounts will be billed on a monthly basis, due the 15th of each month. On a quarterly basis, estimates of deposits will be reviewed. (5) Division of Solid Waste Management will charge by the volumetric capacity of the vehicle, not the load amount. (f) Collection of Fees: The gate attendant shall assess the volume of all incoming vehicles and based on his/her determination charge the appropriate fee. For haulers with established accounts, invoices will be provided. (g) Determination of Volumetric Assessment: The attendant at the entrance to the facility shall be the sole judge of the capacity of the incoming vehicle. Should there be any disagreement regarding the attendant’s determination, the hauler shall file an appeal with the Division of Solid Waste Management where an actual measurement of the container or vehicle capacity will be made. (h) Creation of Coupons: The Division of Solid Waste Management shall be responsible for the creation and printing of coupons. Coupons shall be numbered to provide a means of monitoring whether forgeries are being created and used. Coupons shall be attached to receipt stubs for tracking of payment by haulers. (i) The Division of Solid Waste Management shall be responsible for verifying the accuracy of the coupons presented at Commonwealth solid waste facilities. The Division of Solid Waste Management shall issue receipts and shall note the serial number of the coupons issued to tipping fee coupon purchasers. They shall include the name and DEQ registration number (when appropriate) of the purchaser. The Division of Solid Waste Management shall be responsible for all accounting functions relating to the verification of, and accounting of tipping fees generated. The Division of Solid Waste Management shall deposit the proceeds from tipping fees into the appropriate sub account of the Solid Waste Management Revolving Fund which shall be accounted for separately from the General Fund. (j) Lost Coupons: Lost coupons shall not be replaced. Disposers who lose coupons shall © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 8 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS have to bear the cost of replacing the coupons. (k) The Department of Public Works, Division of Solid Waste Management office in Saipan shall be responsible for administering the collection of local tipping fees; the same applies to the Department of Solid Waste Management offices in Tinian and Rota. Modified, 1 CMC § 3806(g). History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Adopted 22 Com. Reg. 17280 (June 20, 2000); Proposed 22 Com. Reg. 17200 (Apr. 20, 2000); Proposed 21 Com. Reg. 16986 (Nov. 15, 1999); Proposed 21 Com. Reg. 16945 (Oct. 15, 1999). Commission Comment: [Historical comments removed.] § 155-30.1-110 Waiver of Tipping Fees (a) Notwithstanding any other provision of the regulations in this subchapter to the contrary, the tipping fees can be waived for the following uses: (1) Refuse generated as a result of a typhoon or other similar natural or man-made disaster, or for the benefit of the Commonwealth of the Northern Mariana Islands. (2) Refuse collected from a clean-up event sponsored by the government, private or nonprofit organizations or groups. that is organized for the express purpose of beautification or cleaning public areas. (3) Refuse collected by a private landowner wishing to clean-up illegally dumped waste on their property, not derived from a business, property lease or rent. (b) Tipping fee waivers shall not be provided for the clean-up of areas that normally fall under municipal responsibility (i.e. a Mayor’s Office or Park and Recreation areas that regularly provide the pick-up of waste containers. (c) The Department of Public Works, Division of Solid Waste Management shall be responsible for administering the waiver provisions in the regulations in this subchapter. (d) The person,* entity applying for waiver of tipping fees shall sign a declaration under penalty of perjury stating that the refuse was generated by a typhoon or describing the public benefit to be gained by granting of a waiver for non-typhoon related refuse and stating the volumetric capacity to be disposed. Any person* who misrepresents the origin of refuse disposed of under this section shall be assessed a civil fine of $500 or five times the appropriate waste disposal fee, whichever is greater. (e) The Department of Public Works shall grant a waiver of tipping fees based on the signed declaration, provided that the Department of Public Works may establish procedures to verify volumetric capacity and to verify that the refuse was generated by a typhoon or a finding that a public benefit to the Commonwealth by granting of a waiver. (f) Disposal of separated items that are deemed recyclable by the Department of Public Works, © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 9 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS Division of Solid Waste Management are accepted free of charge during normal operating hours at the Lower Base Transfer Station Recycling Facility.

So in original. Modified, 1 CMC § 3806(a). History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Adopted 22 Com. Reg. 17280 (June 20, 2000); Proposed 22 Com. Reg. 17200 (Apr. 20, 2000); Proposed 21 Com. Reg. 16986 (Nov. 15, 1999); Proposed 21 Com. Reg. 16945 (Oct. 15, 1999). Part 200 - Solid Waste Revolving Fund § 155-30.1-201 Allocation of Funds for Sub-accounts within the Solid Waste Revolving Fund The solid waste revolving fund (SWRF) shall be divided pursuant to the Solid Waste Management Revolving Account Act of 2002 in the following manner: (a) Saipan sub-account: (1) All solid waste tipping fees generated on the island of Saipan (2) 80% of the total excise tax designated for SWRF (3) All solid waste grants applied for under the Saipan Solid Waste Office (4) All disposal fees collected for products to be sold on the island of Saipan (5) All loans, grants, or other financial assistance designated for activities to happen on the island of Saipan. (b) Tinian sub-account: (1) All solid waste tipping fees generated on the island or islands of Tinian and Aguiguan (2) 10% of the total excise tax designated for the SWRF (3) All solid waste grants applied for under the Tinian Solid Waste Division (4) Any disposal fees collected for products to be sold on the island or islands of Tinian and Aguiguan (5) All loans, grants, or other financial assistance designated for activities to happen on the island or islands of Tinian and Aguiguan. (c) Rota sub-account: (1) All solid waste tipping fees generated on the island of Rota (2) 10% of the total excise tax designated for the SWRF (3) All solid waste grants applied for under the Rota Solid Waste Division (4) All disposal fees collected for products to be sold on the island of Rota (5) All loans, grants, or other financial assistance designated for activities to happen on the island of Rota. (d) Financial assurance sub-account: (1) $500,00* per year out of the total excise tax designated for the SWRF. 10% will come from the excise tax funds apportioned for Rota, 10% will come from the excise tax funds © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 10 of 11

TITLE 155: DEPARTMENT OF PUBLIC WORKS apportioned for Tinian and 80% will come from the excise tax funds apportioned for Saipan. (2) Once accumulated, a minimum of $500, 000.00 w i ll b e main t ain e d ina s a v in g s a cco u n tt ha t c anb e a ccesse d imm e d ia t e l y . A n y a dd i t i o na l f u n d s ab o v e$ 500,000.00 will be maintained in TCD’s or other higher interest bearing funds that can be accessed within a 90 day time period. (3) Funds from this sub-account cannot be used for any other purpose except for the closure/post-closure or any corrective action that may be required for the Marpi Solid Waste Facility or a DEQ permitted landfill in Tinian, Aguiguan, or Rota. (4) This amount will be annually re-evaluated and adjusted as necessary by the Department of Public Works, Division of Solid Waste Management, to account for updated closure and post- closure costs for the Marpi Solid Waste Facility and any landfill in Tinian or Rota permitted under the CNMI Solid Waste Management Regulations [NMIAC, title 65, chapter 80], as well as any corrective actions that may become required for these facilities under the CNMI Solid Waste Management Regulations.

So in original. History: Amdts Adopted 41 Com. Reg. 41616 (Apr. 28, 2019); Amdts Proposed 41 Com. Reg. 41351 (Feb. 28, 2019); Amdts Adopted 26 Com. Reg. 21773 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 20001 (Feb. 28, 2003) (effective for 120 days from Feb. 3, 2003). Commission Comment: [Historical comments removed.] © 2019 by The Commonwealth Law Revision Commission (April 28, 2019) Page 11 of 11

Source: CNMI Law Revision Commission

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TITLE 155: DEPARTMENT OF PUBLIC WORKS

Chapter 30.1. TITLE 155: DEPARTMENT OF PUBLIC WORKS

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