GRRP appealing denial of landfill permit

by Mindy Aguon

Guam - Just when Santa Rita residents were claiming a victory with the Guam Environmental Protection Agency's denial of a landfill application from Guam Resource Recovery Partners, the company has filed a notice of intent to appeal (Part I | Part II), asking the Guam EPA board to issue the permit to avoid another legal battle.

"There's just too many things going on over there that leads one to think that there's more to it than the technical issues that he cited in his denial letter and that's what we need to get to the bottom of," said Dave Sablan. The GRRP official says the company isn't calling it quits on its plans to build a landfill on Chamorro Land Trust property in Atantano, Santa Rita. "There was nothing significant in the review that Guam EPA performed over these last few years. There was nothing in the public comments that would deny us this permit so the only thing the administrator has the authority to do under the law is to issue the permit," he added.

But Guam EPA administrator Eric Palacios didn't do that, instead denying GRRP's landfill application on several grounds including the proposed leachate management system.  Palacios wasn't convinced GRRP's proposal would be sufficient.  The administrator also had other concerns, telling KUAM News, "He said, 'You're using 2007 cost figures, well we updated that in May of 2012 did he look at that?' Secondly, he said that the land trust lease is going to be shorter than the 30-year post-closure requirement under the law to be responsible for any problems that may arise after the landfill is closed at Guatali.  It doesn't matter - protection of the environment goes to whoever the owners are of the property in the future."

But Sablan contends that Guam EPA violated the company's due process and any denial of their permit application should have come before the public comment period.  GRRP also took issue with the fact that Palacios' predecessors had already determined that GRRP should be issued a draft permit pending the completion of the public comment period.  They assert the administrator only had the authority to issue the permit.

Sablan said, "That's really the bottom line here, and so for the administrator now to say that we're denying you is in my opinion a violation of due process. Secondly, it's a violation of his responsibility under the law so he's violated the law by doing that."

GRRP has asked the board to reverse the decision asserting that Palacios usurped the authority of the board. "No more of these shenanigans. Look at what we're going to do for the general public, the environment. The health and welfare of our children and grandchildren," said Sablan.

"Guatali is going to be much cheaper than layon. They should not interfere with the private enterprise system. They should go ahead and issue the permits and let the market forces determine. which landfill will be supported by the general public."

Failure to issue the permit, Sablan says, will likely result in litigation.  The company is already suing the government for $20 million in damages for a waste-to-energy contract. The Guam Supreme Court deemed the contract invalid.  The company sued the government and is demanding a new contract be worked out.  Sablan confirms one is already under review by the Guam Economic Development Authority that is also set to hear the company's application for a $30 million private activity bond to build the landfill.  The company is hoping to build at Atantano and eventually establish a waste-to-energy facility and deposit the ash at the Layon landfill.

Palacios meanwhile says he has already consulted with the agency's legal counsel and will be reviewing the appeal packet in its entirety.  While he cannot comment on the reasons for the denial or on the appeal itself, Palacios says the agency will schedule an administrative hearing for GRRP within 60 days.