BY MARK RABAGO
Saipan Correspondent
GUALO RAI, Saipan — The NMI Bureau of Environmental and Coastal Quality is reviewing two separate requests from private companies seeking to dispose of off-island waste in NMI landfills — one from a Saipan-based company involving construction and demolition debris from the U.S. Army Garrison in Kwajalein in the Marshall Islands, and another covering pharmaceutical waste from Guam.
According to documents submitted to the agency, Saipan-based HYC Corp. reported that the NMI Department of Public Works had already accepted multiple shipments of demolition debris at the Saipan landfill. The materials reportedly included about 6,000 tons of crushed concrete backfill, 500 tons of metals such as rebars and railings, 100 tons of assorted debris, including carpets and tiles, 40 tons of furniture, 60 tons of wood from partitions and cabinetry, and 300 tons of conduits and wiring.
“When possible, we will try our best to recycle debris such as metal, wires, conduits, etc. These items will be disposed of by a certified recycler,” the company said in its request.
In a separate request, Landscape Management Systems is seeking authorization to dispose of pharmaceutical waste from Naval Hospital Guam.
“As you are aware, Guam does not permit the operation of incinerators, and as such, we are requesting your authorization to dispose of this pharmaceutical waste through an alternative, compliant incineration method,” LMS wrote. “We have performed a comprehensive waste characterization and determined that the waste in question is Non-RCRA. We are prepared to provide a detailed packing list of the waste, which has been carefully inventoried by our team.”
The Resource Conservation and Recovery Act governs the management and disposal of solid and hazardous waste in the U.S. and its territories.
In response, Floyd Masga, administrator of BECQ, asked the Office of the Governor to develop a formal policy on accepting off-island waste for disposal in NMI landfills.
“Under current practice, when such requests are received, the Division of Environmental Quality and the Department of Public Works require the contractor and the waste originator — in this case, the Department of Defense — to provide analytical data confirming that the materials are not hazardous waste,” Masga wrote in a letter to Gov. David M. Apatang. “This is critical, as hazardous wastes are prohibited from import into and disposal within the CNMI.”
While a legal review found no explicit prohibition in NMI law against accepting non-hazardous waste from other jurisdictions, Masga said the practice is not advisable for several reasons, including:
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Precedent and demand: Accepting such shipments could set a precedent that turns the NMI into a regional waste disposal destination.
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Landfill capacity: The NMI’s landfill space is limited and costly to maintain. Accepting out-of-jurisdiction waste would shorten its lifespan and increase costs for local users.
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Risk exposure: Even with initial testing, there remains a risk of inadvertently accepting materials later determined to be hazardous, which could expose the NMI to significant environmental liabilities.
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Jurisdictional responsibility: The waste-originating jurisdictions — the Marshall Islands and Guam — have reportedly declined to accept the waste themselves, suggesting the originators should bear the responsibility for disposal.
“Given that these two requests are pending, we respectfully request that you establish a clear CNMI policy on the acceptance of non-hazardous waste imports for disposal,” Masga wrote. “A formal policy direction from your office will enable BECQ and DPW to respond consistently to current and future requests, avoid ad hoc decision-making, and provide a documented basis for enforcement.”
Alarmed by the possibility of the CNMI becoming a dumping ground for off-island waste, Rep. John Paul Sablan introduced House Bill 24-60, which seeks to restrict the acceptance and disposal of off-island waste in NMI landfills unless stringent health, safety, and environmental conditions are met.
The bill includes mention of the two contractors and their attempts at disposal in the NMI. Although current practice allows such waste to be accepted if certified as non-hazardous, Sablan warned that doing so still poses risks and accelerates the depletion of the NMI’s limited landfill capacity.
“This act is crafted to protect public health, safety, and the environment by applying the Commonwealth’s environmental safeguards to all solid waste, while imposing additional, neutral conditions on imported waste to address the unique risks of off-island disposal and the Commonwealth’s limited landfill capacity,” the bill said.
Under the measure, it would be unlawful to import or accept waste not generated within the CNMI unless a special permit is issued under strict conditions. BECQ, in consultation with DPW, would issue such permits only if no practicable alternative exists; the waste meets NMI environmental standards; and acceptance would not unreasonably burden local landfill capacity.
Applicants would also be required to pay cost-based impact fees, provide financial assurances such as bonds or insurance, and undergo public notice and hearing before any permit is approved. Exceptions would apply for waste streams required under federal law, materials imported solely for recycling or resource recovery, or emergency situations declared by the governor.
Sablan emphasized that the proposal is not meant to discriminate against interstate commerce — which could violate the U.S. Constitution’s Commerce Clause — but rather to protect the NMI’s environment and limited landfill capacity.
If enacted, the law would direct BECQ to adopt implementing regulations within 180 days, including landfill capacity thresholds, impact fee schedules, and financial assurance requirements. mbj
