Federal judge Frances Tydingco-Gatewood issued an order yesterday to force further review of a draft permit Guam Environmental Protection Agency intends to issue for a new landfill project by Guam Resource Recovery Partners at the Guatali site.
David Manning, special principal associate for Gershman, Brickner and Bratton, filed a special report of the solid waste receiver to the court and questioned the court to order GEPA to clarify why they intend to issue a draft permit to GRRP for a landfill to be built on the Guatali site when it was deemed unacceptable previously.
The judge issued an order an hour and a half after the report was filed.
She stated that the receiver is concerned that GEPA may not be requiring GRRP to adhere to the same stringent permitting process required of them for the Layon site.
She ordered GEPA to œclarify to the court why it would permit a landfill on a site GEPA itself has already determined does not meet the Resource Conservation and Recovery Act Subtitle D requirement for landfill siting.
She then ordered the Attorney Generals Office and the United States EPA to review the process used to reach the choice to issue the draft permit to GRRP to determine if the process was equivalent to that of the Layon permit.
Tydingco-Gatewood also ordered the Office of the Attorney General and the Bond Counsel for the Government of Guam to advise the court if the permit would violate a section of the Bond Indenture or any pledges the Government made to secure bonds needed for Consent Decree compliance.
Governor Eddie Calvo was also ordered to provide the court with a revised Consent Decree Financial Plot that will outline additional financial resources to the Solid Waste Management Division to compensate for money lost by the government if a new landfill is constructed.
Manning said in his report that GBB had previously not engaged this issue because they were focusing on their primary responsibility of constructing the Layon landfill in accordance with the Consent Decree in order to close the Ordot Dump.
He said they also never engaged because they were aware the Guatali site was found to be unacceptable by GEPA because it did not meet federal law requirements for landfill siting.
Manning said this was referenced by GEPA in the granting of their permit for the Layon site.
Manning provided the court a letter dated Dec. 30, 2010 from former GEPA administrator Elizabeth Cruz to Wagdy Guirguis, president of GRRP where Cruz stated that GEPA intends to issue a draft operations permit.
The judge said this is of special concern because she also presides over the Clean Water Act violations case against the Guam Waterworks Authority and the Government of Guam.
œIt is quite troubling that GEPA appears to be compromising its mission to protect human health and safeguard the environment, Tydingco-Gatewood wrote in her order yesterday.
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