Senate urged action on toxic bill

Proponent of a measure allowing island residents to sue for damages stemming from exposure to toxic chemicals prodded the Senate yesterday to pass the legislation to hasten plans by Tanapag residents to bring the PCB problem to court.

Rep. Dino M. Jones, chair of the House Natural Resources Committee and main sponsor of HB 12-293 or the “Toxic Substances Exposure Compensation Act,” met with Senate Floor Leader Pete P. Reyes to appeal for immediate action from the upper house.

The measure, which was cleared by the House of Representatives the other day, is likely to be put to a vote in the next Senate session, he said.

“We want to make sure that we have this legislation in place so that we can protect our people and our resources from the effects of exposure to toxic chemicals like PCB,” Mr. Jones said.

HB 12-293 was the same proposal enacted by both houses a few months ago but was vetoed by Gov. Pedro P. Tenorio early this month due to questionable provisions, particularly the absence of a cap on the CNMI government’s potential liability.

The Saipan lawmaker inserted the Tort Liability Act in the new draft to cap such damages to $100,000 in response to the governor’s concern.

If it becomes law, it will provide residents a means to seek compensation for injuries and loss as it will establish the legal framework if and when such situation occurs. It will also be a public policy of the CNMI government to grant rights to the victims for compensation and other relief.

The bill is an offshoot to the planned lawsuit against federal agencies and manufacturers of the polychlorinated biphenyl (PCB) which has contaminated the coastal village of Tanapag over the last three decades.

Framework

In a report, the House committee said the Commonwealth needs the legal framework to address claims that residents and citizens may have concerning exposure to highly-toxic chemicals like PCBs.

The provision of guidelines in the bill will assist the public in their efforts to recover damages, while ensuring their protection from toxic substances exposure, the report stated.

Although it was fine-tuned by the committee with the assistance of Charles Seagull, a legal expert on toxic substances, some of the provisions were changed to solidify the legal base of this legislation.

Mr. Jones has maintained that the measure primarily aims to protect people in the CNMI from future contamination as well as to provide a means for those who have already been exposed beyond “permissible level” to file civil suits to seek payment and other reparation.

Toxic substances covered by the proposed law will include the PBC, dioxins, furans or halogenated chlorofuluoroalkanes. Federally permitted levels of exposure will encompass those established by federal regulatory agencies, like the U.S. Environmental Protection Agency.

Those who be sued will be the manufacturers of the chemicals found harmful to residents on the island as well as those responsible for the claimant’s exposure. Violators of federal cleanup regulations will also be included since it constitutes negligence, according to the bill.

Recoverable claims and punitive damages will be granted from effects that range from injury, increased risk of illness, lost income, medical expenses, pain and suffering, emotional distress to loss of ability to enjoy life and other direct and indirect impact of the exposure.

Mr. Jones has been assisting the residents in trying to bring the matter to court to seek compensation and immediate clean-up of the area which is now a focus of inter-agency actions aimed at easing villagers’ fears of PCB contamination effects.