by Mindy Aguon
Guam - The U.S. District Court of Guam and federal receiver share concerns that a second landfill could jeopardize the financing plan that's been approved for the Layon landfill. District Court Chief Judge Frances Tydingco Gatewood ordered that the Guam Environmental Protection Agency do several things before issuing a draft permit for the Guatali site.
At the request of Gershman, Brickner & Bratton, the attorney general has been directed to review the process used to reach the decision to issue a draft permit to Guam Resource Recovery Partners. The USEPA must also review the process that was used to reach the decision to issue a draft permit. The AG and bond counsel are also to advise the court if the issuance of a permit for an additional landfill violates a section of the bond indenture for the funding GovGuam needs to comply with the consent decree.
The court also ordered the Guam EPA to explain why it would permit a landfill on a site the agency determined did not meet the Resource Conservation and Recovery Act.
The governor meanwhile was also ordered to provide a revised consent decree financial plan to compensate for the financial losses that would occur if GovGuam allowed an additional landfill to be constructed.