SUBJECT: DECLARATION OF MAJOR DISASTER AND STATE OF SIGNIFICANT EMERGENCY ARISING FROM THE BURNING OF THE SUPER TYPHOON WASTE AND DEBRIS SITE ON THE ISLAND OF TINIAN
WHEREAS, on or about June 19, 2022, a grass fire started on the island of Tinian. This fire spread and grew in intensity until it reached a location where waste and debris from Super Typhoon Yutu was being sorted and stored for disposal. Much of the waste and debris stored at the site included “white good” waste, e-waste, tires, batteries and other debris that contained toxic chemicals dangerous or otherwise unhealthy for humans.
WHEREAS, upon reaching the Super Typhoon waste and debris storage site, much of the waste and debris was consumed by fire, a fire that is still smoldering as of today.
WHEREAS, this fire and the continuing smoldering has caused noxious smoke and fumes to drift over neighboring residents, threatening their health.
WHEREAS, the burning of the waste and debris has potentially released toxic chemicals into the ground where it may seep into Tinian’s aquifer if it is not cleaned up and disposed of in a timely manner. The aquifer is the sole source of Tinian’s drinking water and contamination of the aquifer would threaten the public health and welfare of the people of Tinian. This threat cannot be understated. Immediate action is necessary to protect the health and safety of the people of Tinian.
WHEREAS, such threat to the people of Tinian and their health necessitates an organized response by a public, private, and government entities to protect life, public health and safety.
WHEREAS, the Acting Governor has consulted with the CNMI Homeland Security & Emergency Management Office and other agencies, and believes a declaration of major disaster and a state of significant emergency is warranted.
WHEREAS, authorizing the Secretary of Finance to be able to access, reprogram or transfer funds from accounts of Executive Branch departments and agencies, including autonomous or independent entities, in order to fund the containment, mitigation, and remediation of the threat to the health and welfare of the people of Tinian is a reasonably necessary response in order to ensure that the government is able to meet the threat.
NOW THEREFORE, I, JUDE U. HOFSCHNEIDER, pursuant to the authority vested in me as Acting Governor of the Commonwealth of the Northern Mariana Islands by Article III,§ 10 of the Commonwealth Constitution, the Homeland Security and Emergency Management Act of 2013, 1 CMC § 20144, do hereby declare a Major Disaster and State of Significant Emergency for the island of Tinian due to the threat posed by toxic chemicals to the people of Tinian caused by the burning of the Super Typhoon Yutu waste and debris site:
Additionally, I hereby invoke my authority under Article III, § l O of the Commonwealth Constitution and the Homeland Security and Emergency Management Act of 2013, 1 CMC § 20144, to take all necessary measures to address the threat facing the people of the island of Tinian.
Further, under the authority of this Declaration and with the goal of mitigating and ameliorating the above described threat, I immediately direct the following:
DIRECTIVE 1: Pursuant to 1 CMC § 20144( c )(1 ), the Homeland Security and Emergency Management Office (“HSEMO”) are hereby granted temporary exemption from NMIAC §§ 70-30.3-001 through 760 (“Procurement Regulations”) because the continued imposition of such regulations will tend to prevent, hinder, or delay actions necessary to assist and support the Commonwealth’s effort to respond to the major disaster and state of significant emergency. Exemptions from the procurement regulations are granted only with regards to the procurement of items and services necessary to the containment, mitigation and remediation of the threat to the public health and welfare of the people of Tinian due to the burning of the Super Typhoon Yutu waste and debris site. Other items must still be obtained through the standard procurement process.
It is further directed that, when procuring items and services necessary for the containment, mitigation and remediation of the threat to the public health and welfare of the people of Tinian due to the burning of the Super Typhoon Yutu waste and debris site, HSEMO may utilize the streamlined procurement procedures adopted by HSEMO. (See CNMI Homeland Security & Emergency Management Streamlined Emergency Procurement Process (as of July 23, 2020)).
DIRECTIVE 2: Pursuant to 1 CMC § 20144(c)(2), HSEMO, the Office of the Governor, the Department of Fire and Emergency Management, the Bureau of Environmental and Coastal Quality, the Department of Public Works, and the Commonwealth Utilities Corporation are directed to employ all available resources within their agencies as reasonable necessary to contain, mitigate, and remediate the threat to the health and welfare of the people of Tinian due to the burning of the Super Typhoon Yutu waste and debris site. The HSEMO, upon consultation with the Office of the Governor, is further authorized to utilize any other available government equipment and property to respond to the threat to the health and welfare of the people of Tinian due to the burning of the Super Typhoon Yutu waste and debris site.
DIRECTIVE 3: Pursuant to 1 CMC § 20144(c)(2), the Secretary of Finance and the Department of Finance is authorized to access, reprogram or transfer funds from accounts of any Executive Branch department, agency, office, board, commission, corporation, instrumentality or other entity of the Executive Branch of the Commonwealth government, including autonomous or independent entities, in order to ensure that the government is able to meet the threat to the health and welfare of the people of Tinian caused by the burning of the Super Typhoon Yutu waste and debris site.
The Secretary of Finance shall coordinate with the Office of Management and Budget and other necessary government officials or agencies, Commonwealth or Federal, in carrying out its authorization.
DIRECTIVE 4: Pursuant to 1 CMC § 20144(c)(6), HSEMO, the Office of the Governor, Department of Fire and Emergency Management, Bureau of Environmental and Coastal Quality, Department of Public Works, and the Commonwealth Utilities Corporation may seek aid from the federal government in accordance with federal programs or requirements.
DIRECTIVE 5: All departments, agencies, offices, instrumentalities, and other entities of the executive branch, and all independent entities of the Commonwealth government including public corporations, are directed to or otherwise requested to cooperate with each other and the Mayor of Tinian in the containment, mitigation and remediation of the threat to the public health and welfare of the people of Tinian. The HSEMO shall assist in coordinating the response of the Commonwealth to the emergency.
This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the CNMI, its departments, agencies, its officers, employees, or agents, or any other person.
SIGNED AND PROMULGATED ON THIS 23d day of June, 2022
/s/
JUDE U. HOFSCHNEIDER
Acting Governor
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