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GovGuam's job list laid out for Ordot Dump
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by Mindy Aguon, KUAM News
Saturday, July 07, 2007
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A federal judge has come up with a list of items referred to as "interim milestones" that are meant to ensure the local government's compliance with the Ordot Dump consent decree. District Court Magistrate Judge Joaquin Manibusan issued a report and recommendations denying the local government's request for extensions.
Noting that the Ordot Dump has a long history of operational and environmental problems, Manibusan details each of the local government's reasons why deadlines in the consent decree for the Ordot Dump should be extended and why the government has failed to meet those deadlines. Since 2004, when the consent decree was approved, the government has had a battery of critical deadlines but the judge noted that many of those have not been met prompting the assessment of stiff monetary penalties. The consent decree for instance required the Department of Public Works to award a construction contract for the closure of the dump by April 21 of last year.
Despite a $7,000 penalty, the contract has not been awarded and the accrued stipulated penalties for the Government of Guam's failure to award the contract at last count totaled $733,000, but fines are still being imposed at $2,000 per day. The government has also been assessed thousands of dollars for failing to submit the 90% draft final plan for the new Municipal Solid Waste Plan; that strategy has yet to be submitted and penalties are still being assessed on a daily basis.
The judge also raised concerns about the lack of finances to ensure the proper and timely closure of the Ordot Dump and the opening of a new landfill. GovGuam's financial plan indicated a preference to finance nearly $100 million through revenue bonds. Officials contend those bonds would be repaid through the collection of tipping fees, but the Public Utilities Commission took issue with increasing tipping fees by 400%. In hopes to get the local government to comply, both parties have agreed that the creation of "basic building blocks: would allow the government to eventually meet the obligations of the consent decree.
The judge points out that the PUC recommends the implement of those building blocks or compliance milestones. The court finds "fundamental legal issues need to be addressed to insure compliance with the consent decree and that the processes that have been established for compliance meet legal requirements." The judge also pointed that the local government's contention that deadlines were missed because of an inexperienced engineer and lack of qualified employees is not justification.
The court found that public sector officials knew or should have known that DPW's staff does not have the experience to perform the tasks required under the consent decree. The judge stated, "Employee delays or employee mismanagement, which resulted in the belated studies at the Layon site, is GovGuam's own mismanagement."
As for the government's assertion that certain impediments beyond its control were also to blame for the continued lack of compliance, the judge found that the government knew the project require more than just $2 million or $3 million, and there has been no effort to begin the process for a PUC review and approval of the bond measure, as Public Works cannot accurately bill or collect fees from its residential customers. As for the Layon site, the court found that many of the impediments outlined by the government were simply "self-imposed hurdles" that do not justify further modification of the consent decree.
The parties have until July 20 to submit oppositions to the judge's report and recommendations. In the meantime, the U.S. Attorney's Office has requested a status conference with the court on August 10 in the District Court.
View the District Court judge's report and recommendations by clicking here
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