ENVIRONMENT : 1 C.M.C. 2646, N.M.I. Const. art. 1, §9.
Each person has the Constitutional right to a clean and healthful public environment in all areas, including the land, air, and water. A private right of action exists to enforce this right. Harmful and unnecessary noise pollution and the storage of nuclear or radioactive material are prohibited. The Commonwealth Environmental Protection Act gives the Chief of the Division of Environmental Quality the power to administer the powers and duties necessary to protect the environment under the Department of Public Health and Environmental Services, and the Board of Health.
Pursuant to the Commonwealth Nuclear and Chemical Free Zone Act (2 C.M.C. 1301) the dumping of nuclear and chemical waste in the ocean and seabed surrounding the Commonwealth is forbidden.
Prohibited Acts of Pollution - It is against the law to own, operate or use an open dump without a permit; place solid waste on the road or other property; collect or transport waste in a manner that creates a nuisance or health hazard; burn waste that gives off offensive odors; or dispose of any hazardous waste without the appropriate permit. 2 C.M.C. 3518. Littering is an infraction punishable by a fine of $200 to $500. The violator can also be made to pick up litter for up to 8 hours.
Enforcement - The Chief of the Division of Environmental Quality as a condition of issuing a permit has access to the premises covered by the permit. No advance notice is needed. 2 C.M.C. 3132. A warrant is needed to seize evidence and examine or impound any books or records. Probable cause must exist that a violation of the law has occurred or is imminent.
Penalties - Failure to follow environmental regulations can result in a civil penalty of up to $1,000 for each day the violation continues. The violator may also be liable for any amount expended by any CNMI agency to reverse or reduce any significant adverse effect of the violation. Willful violations, or false representations filed to get a certificate, or falsifying monitoring devices can result by a fine of up to $50,000 and imprisonment for up to one year. 2 C.M.C. 3131.
Other waste disposal violations are subject to a civil fine of up to $1,000 for each violation. Hazardous waste violators are subject to a penalty of up to $10,000 per day of violation. Knowingly and willfully violating a pollution statute is punishable by a fine of up to $50,000 and or imprisonment for up to a year.
The Division of Environmental Quality issues permits for septic tanks, earth moving, safe drinking water, clean air, clearing vegetation, pesticides, well drilling, underground storage tanks, used oil, and other areas.
ESCHEAT : 8 C.M.C. 2914
If there is no taker under the statutory provisions, the intestate estate passes to the CNMI, unless the last survivor dies within 120 hours of the decedent.
EXECUTIONS : 7 C.M.C. 4201
Rule 69 corresponds to the corresponding Federal Rule.
Execution may issue after 30 days from the date of judgment.
Levy on personal property is made by taking possession thereof.
Exempt property - The following property is exempt from attachment and execution: Personal and household goods, necessities for trade or occupation, land, and interests in land necessary to support the judgment debtor and dependents. 7 C.M.C. 4210.
EXECUTORS AND ADMINISTRATORS
The Commonwealth Rules of Probate Procedures governs the procedure for the efficient probate of an estate.
Notice to Creditors -No statutory requirement.
Presentation of Claims - All claims must be filed within 60 days after the date of the first publication of notice to creditors or within three years after the decedent’s death if notice to creditors has not been published. 8 C.M.C. 2924.