Guam Solid Waste Authority's request denied
<span style="font-family: Arial, sans-serif; font-size: 12.222222328186px; line-height: 13.7999992370605px;">District Court of Guam Chief Judge Frances Tydingco Gatewood has denied the Guam Solid Waste Authority’s request to expedite transition timelines with the Federal Receiver, Gershman, Brickner and Bratton.</span>
July 4, 2014Updated: July 4, 2014
By KUAM News
By KUAM News by Sabrina Salas Matanane
Guam - District Court of Guam Chief Judge Frances Tydingco Gatewood has denied the Guam Solid Waste Authority’s request to expedite transition timelines with the Federal Receiver, Gershman, Brickner and Bratton. It was in February the GSWA Board wrote the Court requesting to limit the Receiver’s remaining functions to the closure of the Ordot Dump and allow the Board to play a more significant role in the rest of GSWA’s “routine operations”. The GSWA was seeking to immediately begin recruiting and hire a General Manager and Chief Financial Officer to take advantage of the knowledge and expertise of the Receiver. The Chief Judge in her order commended the GSWA Board for wishing to take a more active role in operations. However “given GSWA’s current financial status and the number of projects which remain outstanding – projects which are either required by the Consent Decree or otherwise related to it – the court is not prepared to grant the Board’s requests at this time,” the order stated. The Court instead ordered the Receiver, its counsel and the Board to continue to work cooperatively with each other to ensure a smooth transition upon the conclusion of the Receivership.
As for the Board’s requests for the Receiver to provide more detailed financial reports on a monthly basis, the Court approved the Receiver’s compromise to begin providing the Board with a monthly summary of revenues and expenses with a disclaimer that the figures are not final because the Department of Administration, which pays for certain GSWA expenses such as payroll and benefits, does not finalize expenditure data for 60-90 days after a month ends.
The Chief Judge also has ordered the U.S. Environmental Protection Agency to provide its input on the Receiver and the Government of Guam’s differing positions to mitigate the hazardous waste contamination including PCB at the Dededo Residential Transfer Station. The Court has ordered U.S. EPA to file its response no later than August 1st.
Guam - District Court of Guam Chief Judge Frances Tydingco Gatewood has denied the Guam Solid Waste Authority’s request to expedite transition timelines with the Federal Receiver, Gershman, Brickner and Bratton. It was in February the GSWA Board wrote the Court requesting to limit the Receiver’s remaining functions to the closure of the Ordot Dump and allow the Board to play a more significant role in the rest of GSWA’s “routine operations”. The GSWA was seeking to immediately begin recruiting and hire a General Manager and Chief Financial Officer to take advantage of the knowledge and expertise of the Receiver. The Chief Judge in her order commended the GSWA Board for wishing to take a more active role in operations. However “given GSWA’s current financial status and the number of projects which remain outstanding – projects which are either required by the Consent Decree or otherwise related to it – the court is not prepared to grant the Board’s requests at this time,” the order stated. The Court instead ordered the Receiver, its counsel and the Board to continue to work cooperatively with each other to ensure a smooth transition upon the conclusion of the Receivership.
As for the Board’s requests for the Receiver to provide more detailed financial reports on a monthly basis, the Court approved the Receiver’s compromise to begin providing the Board with a monthly summary of revenues and expenses with a disclaimer that the figures are not final because the Department of Administration, which pays for certain GSWA expenses such as payroll and benefits, does not finalize expenditure data for 60-90 days after a month ends.
The Chief Judge also has ordered the U.S. Environmental Protection Agency to provide its input on the Receiver and the Government of Guam’s differing positions to mitigate the hazardous waste contamination including PCB at the Dededo Residential Transfer Station. The Court has ordered U.S. EPA to file its response no later than August 1st.