DEQ welcomes changes to anti-litter law

Division of Environmental Quality director Frank Rabauliman said amendments to the Commonwealth Litter Control Act of 1989 passed by the House of Representatives last week will go a long way toward finally enforcing the law.

For starters, he said, House Bill 17-171’s lowering of fines for first-time violators from no less than $200 to $25 would finally remove enforcement officers’ apprehension in leveling the fine.

“At present, the littering fines start at $200, irrespective of the extent of the violation, whether a repeat offender, or a blatant or deliberate act. These are some factors that the courts may consider in assessing littering fines. So DEQ proposed revisions to the [anti-] littering act that provide for a range of fines starting from $25 and up. It did so because apprehending officers had aired their concern that $200 is a hefty fine for a first-time offender or if the violation was minor or perhaps unintentional,” said Rabauliman.

Additionally, he said it has been proven in other jurisdictions in the Pacific that, when the minimum fine is lowered to a more reasonable and enforceable amount, enforcement officers “tend to enforce the littering laws more readily knowing that they are not basically passing a ‘sentence’ of $200 but rather deferring the level of punishment to the courts.”

Introduced by Rep. Joseph M. Palacios (R-Saipan), HB 17-171 introduces amendments to the “Commonwealth Litter Act of 1989. It replaces existing penalty provisions with a $25 fine for first-time violators, $100 for second-time violators, and no less than $250 but not more than $500 for third-time offenders. Subsequent violators would be fined no less than a $500 but no more than $1,000.

The bill will also establish a Litter Control Program Fund account that will be used to support the costs of administering the Litter Control Program. That would include enforcement, training, and public education and outreach.

HB 17-171 also amends part of the law to require the Department of Public Safety to remove dead animals found on public roads and “place such carcass on the side of the road away from traffic.” After being informed by DPS, the Office of the Mayor will properly remove and dispose of the animal remains.

Palacios’ bill now goes to the Senate, where it will be deliberated on before being put to a vote.