Showing posts with label Dandan. Show all posts
Showing posts with label Dandan. Show all posts
Friday, January 16, 2009
Thursday, January 15, 2009
GovGuam Can't Afford $1,000,000 a Week for New Landfill
Cruz: We can't trim:
Camacho weighs cuts to pay for landfill
By Agnes Donato
Pacific Daily News
January 16, 2009
Acting Speaker Benjamin J. Cruz yesterday rejected a suggestion for the government to rein in spending so it can raise money for the dump closure and a new landfill.
According to Cruz, a cost-cutting plan isn't an option because the government of Guam is insufficiently funded as it is.
"Where do you want to start making the cuts? The police department? The last budget we passed is not even enough to run the government. We have not paid tax refunds in 15 years," said Cruz.
The administration of Gov. Felix Camacho said it is looking into the possibility of cuts.
"Austerity measures have always been important, and key members of our fiscal team are working to identify different options and their respective impacts," governor's spokesman Shawn Gumataotao said.
Time running out
Time is running out for GovGuam to close Ordot dump and open a new landfill. The solid waste receiver in a report Wednesday said the dump will be full in two and a half years, barely five months after the new landfill is scheduled to open. The receiver said GovGuam must pay $1 million a week, beginning in March, to finance the project.
Cruz said it would be impossible to come up with $52 million a year. The amount represents about 10 percent of GovGuam's budget for fiscal 2009.
"We're not like the federal government that has plenty of money. They can print money anytime they want to because they have credit to back it up. The government of Guam does not have that ability. GBB has to understand that," said Cruz, referring to solid waste receiver Gershman, Brickner & Bratton.
Cruz said he is glad the court recognizes the government's financial problems and is now willing to entertain alternative means of funding the landfill.
District Court of Guam Chief Judge Frances Tydingco-Gatewood has given the administration a week to respond to the receiver's demand and to present an alternative funding plan that GovGuam could afford.
Court order
But Cruz lashed out at the receiver for insisting that the government pay $993,700 a week, beginning in March, to replenish the initial $20 million deposit Gov. Felix Camacho made under court order earlier this month. Cruz said the demand is "unreasonable."
The acting speaker also said lawmakers shouldn't be blamed because they failed to pass the $160 million bond bill that Camacho submitted to the last Legislature. Even if the bill went through, he said, GovGuam would not be able to float the bond because of the global economic crisis.
"Even if we wanted to, we couldn't float the bond today. Almost nobody can float bonds. GBB has to understand that," he said.
Cruz added that the terms of the government's existing loans prohibit GovGuam from floating any further bonds.
GovGuam has three outstanding loans with Bank of Guam: a 2002 loan with an outstanding balance of $5 million, a 2008 loan with a balance of $13 million, and the $20 million entered on Jan. 2, 2009, to pay for the landfill deposit. Under the terms of the 2009 loan, the government cannot float a similar bond until these loans are paid.
Camacho weighs cuts to pay for landfill
By Agnes Donato
Pacific Daily News
January 16, 2009
Acting Speaker Benjamin J. Cruz yesterday rejected a suggestion for the government to rein in spending so it can raise money for the dump closure and a new landfill.
According to Cruz, a cost-cutting plan isn't an option because the government of Guam is insufficiently funded as it is.
"Where do you want to start making the cuts? The police department? The last budget we passed is not even enough to run the government. We have not paid tax refunds in 15 years," said Cruz.
The administration of Gov. Felix Camacho said it is looking into the possibility of cuts.
"Austerity measures have always been important, and key members of our fiscal team are working to identify different options and their respective impacts," governor's spokesman Shawn Gumataotao said.
Time running out
Time is running out for GovGuam to close Ordot dump and open a new landfill. The solid waste receiver in a report Wednesday said the dump will be full in two and a half years, barely five months after the new landfill is scheduled to open. The receiver said GovGuam must pay $1 million a week, beginning in March, to finance the project.
Cruz said it would be impossible to come up with $52 million a year. The amount represents about 10 percent of GovGuam's budget for fiscal 2009.
"We're not like the federal government that has plenty of money. They can print money anytime they want to because they have credit to back it up. The government of Guam does not have that ability. GBB has to understand that," said Cruz, referring to solid waste receiver Gershman, Brickner & Bratton.
Cruz said he is glad the court recognizes the government's financial problems and is now willing to entertain alternative means of funding the landfill.
District Court of Guam Chief Judge Frances Tydingco-Gatewood has given the administration a week to respond to the receiver's demand and to present an alternative funding plan that GovGuam could afford.
Court order
But Cruz lashed out at the receiver for insisting that the government pay $993,700 a week, beginning in March, to replenish the initial $20 million deposit Gov. Felix Camacho made under court order earlier this month. Cruz said the demand is "unreasonable."
The acting speaker also said lawmakers shouldn't be blamed because they failed to pass the $160 million bond bill that Camacho submitted to the last Legislature. Even if the bill went through, he said, GovGuam would not be able to float the bond because of the global economic crisis.
"Even if we wanted to, we couldn't float the bond today. Almost nobody can float bonds. GBB has to understand that," he said.
Cruz added that the terms of the government's existing loans prohibit GovGuam from floating any further bonds.
GovGuam has three outstanding loans with Bank of Guam: a 2002 loan with an outstanding balance of $5 million, a 2008 loan with a balance of $13 million, and the $20 million entered on Jan. 2, 2009, to pay for the landfill deposit. Under the terms of the 2009 loan, the government cannot float a similar bond until these loans are paid.
Monday, November 24, 2008
Thursday, October 23, 2008
District Court Assumes Dandan Ownership Issue
District Court to assume Dandan ownership issue
Friday, 24 October 2008
by Therese Hart
Marianas Variety News Staff
US District Court Judge Frances Tydingco-Gatewood has ordered a stay in the Superior Court proceedings involving the ownership issuJudge Frances Tydingco
e of the Dandan property where the next landfill will be constructed. The judge said this issue will now be decided by the District Court.
During its quarterly meeting, David Manning of receiver Gershman, Brickner & Bratton informed the court that because of the pending litigation in the Superior Court, it would be impossible to obtain debt financing for consent decree projects.
"There is an urgent need to clarify that the government of Guam has lawfully obtained title to the Layon site," Manning said.
Under GBB's timetable, construction of the new landfill is scheduled to begin in January, 2009, with the government of Guam required to deposit $20 million with a trustee.
Since the court's adoption of the receiver's timeline, it requires that financing be in place for the consent decree projects.
GBB advised the court that the cloud over the title to the Layon site must be cleared immediately or financing will be almost impossible to obtain.
Attorney General Alicia Limtiaco informed the court that the Dandan site has pending litigation in the Superior Court and that this issue should be resolved first.
There are court cases pending in the Superior Court regarding the title and the proper legal acquisition of the Dandan property.
One case involves a challenge to the government by the private property owners who claim that the government violated the eminent domain law and the land acquisition process.
Another pending case is between property owners regarding their interests in the distribution of property that has yet to be divided.
The order states that the District Court will not make any determination of property value and should the court find that the government of Guam has acquired legal title to the Layon site, the temporary stay will be lifted so that the Superior Court of Guam may address valuation issues.
Pleadings and briefs for a declaratory judgment must be filed by Oct. 27.
Briefs concerning legal rights or interests pertaining to the Layon site must be filed by other interested parties or landowners no later than Oct. 30.
A hearing is scheduled Nov. 6 at 9 a.m., at the U.S. District Court
Friday, 24 October 2008
by Therese Hart
Marianas Variety News Staff
US District Court Judge Frances Tydingco-Gatewood has ordered a stay in the Superior Court proceedings involving the ownership issuJudge Frances Tydingco
e of the Dandan property where the next landfill will be constructed. The judge said this issue will now be decided by the District Court.
During its quarterly meeting, David Manning of receiver Gershman, Brickner & Bratton informed the court that because of the pending litigation in the Superior Court, it would be impossible to obtain debt financing for consent decree projects.
"There is an urgent need to clarify that the government of Guam has lawfully obtained title to the Layon site," Manning said.
Under GBB's timetable, construction of the new landfill is scheduled to begin in January, 2009, with the government of Guam required to deposit $20 million with a trustee.
Since the court's adoption of the receiver's timeline, it requires that financing be in place for the consent decree projects.
GBB advised the court that the cloud over the title to the Layon site must be cleared immediately or financing will be almost impossible to obtain.
Attorney General Alicia Limtiaco informed the court that the Dandan site has pending litigation in the Superior Court and that this issue should be resolved first.
There are court cases pending in the Superior Court regarding the title and the proper legal acquisition of the Dandan property.
One case involves a challenge to the government by the private property owners who claim that the government violated the eminent domain law and the land acquisition process.
Another pending case is between property owners regarding their interests in the distribution of property that has yet to be divided.
The order states that the District Court will not make any determination of property value and should the court find that the government of Guam has acquired legal title to the Layon site, the temporary stay will be lifted so that the Superior Court of Guam may address valuation issues.
Pleadings and briefs for a declaratory judgment must be filed by Oct. 27.
Briefs concerning legal rights or interests pertaining to the Layon site must be filed by other interested parties or landowners no later than Oct. 30.
A hearing is scheduled Nov. 6 at 9 a.m., at the U.S. District Court
Friday, May 16, 2008
First Solid Waste Status Hearing Set
First status hearing set for solid waste receiver
Guam News
Friday May 16, 2008
By Gina Tabonares, Variety News Staff
DISTRICT Court of Guam Chief Judge Frances Tydingco-Gatewood set a July 10 status hearing yesterday to discuss the progress of solid waste management since the court appointed a receiver two months ago.
The scheduled court date will be the first status hearing that will involve Gershman, Brickner & Bratton Inc., the Washington, D.C.-based firm appointed by the court to handle Guam's decade-old garbage problem.
The court also gave notice to the U.S. Attorney's Office and the Office of the Attorney General but did not mention whether the presence of the governor of Guam or the elected officials and department heads that concern solid waste management are needed or required for the next status hearing.
The last court activity made in relation to the Consent Decree compliance case was the GBB officers' on-site visits to Ordot Dump and Dandan on April 24 headed by the Chief Judge.
During the said visits, Dominic Muna, Department of Public Works Solid Waste Division superintendent, briefed the receiver on the daily operations of the Ordot Dump site and the installation of the new scale.
Project Engineer Kenneth Rekdahl of Duenas, Bordallo, and Camacho & Associates discussed property boundaries with GBB Vice President Tim Bratton, Special Principal Associate David Manning, Vice President Chace Anderson and Senior Project Engineer Chris Lund.
Tor Gudmussen of TG Engineering presented maps of the Dandan site while Cynthia Jackson of DPW provided information as to the temporary and permanent access roads of the new landfill site.
The Guam solid waste receiver initially briefed the media during its first press conference held on April 25 and outlined several objectives that revolve around Consent Decree compliance.
The receiver also outlined its findings on the solid waste management crisis in Guam.
Guam News
Friday May 16, 2008
By Gina Tabonares, Variety News Staff
DISTRICT Court of Guam Chief Judge Frances Tydingco-Gatewood set a July 10 status hearing yesterday to discuss the progress of solid waste management since the court appointed a receiver two months ago.
The scheduled court date will be the first status hearing that will involve Gershman, Brickner & Bratton Inc., the Washington, D.C.-based firm appointed by the court to handle Guam's decade-old garbage problem.
The court also gave notice to the U.S. Attorney's Office and the Office of the Attorney General but did not mention whether the presence of the governor of Guam or the elected officials and department heads that concern solid waste management are needed or required for the next status hearing.
The last court activity made in relation to the Consent Decree compliance case was the GBB officers' on-site visits to Ordot Dump and Dandan on April 24 headed by the Chief Judge.
During the said visits, Dominic Muna, Department of Public Works Solid Waste Division superintendent, briefed the receiver on the daily operations of the Ordot Dump site and the installation of the new scale.
Project Engineer Kenneth Rekdahl of Duenas, Bordallo, and Camacho & Associates discussed property boundaries with GBB Vice President Tim Bratton, Special Principal Associate David Manning, Vice President Chace Anderson and Senior Project Engineer Chris Lund.
Tor Gudmussen of TG Engineering presented maps of the Dandan site while Cynthia Jackson of DPW provided information as to the temporary and permanent access roads of the new landfill site.
The Guam solid waste receiver initially briefed the media during its first press conference held on April 25 and outlined several objectives that revolve around Consent Decree compliance.
The receiver also outlined its findings on the solid waste management crisis in Guam.
Monday, April 07, 2008
GBB to GovGuam: Acquire Landfill Land
Receiver to GovGuam: Acquire landfill land
By Gina Tabonares
Variety News Staff
Monday, April 7, 2008
THE Washington DC-based private company tasked to be the receiver for solid waste operations on Guam has advised GovGuam to work immediately on the acquisition of the land needed for the new landfill.
Gershman, Brickner & Bratton Inc. (GBB) wants GovGuam to get the landfill property including the required land for access roads as soon as possible.
The company has advised the Solid Waste Division of the Department of Public Works to halt additional work on the projects needed to achieve compliance with the Consent Decree, pending completion of their initial review.
In a March 18 letter to Gov. Felix Camacho, GBB said it plans to begin work on the landfill site by mid to late April and would like to meet the governor of Guam.
The letter was published in the new website created by GBB for the Guam project.
When GBB asked to acquire the needed land for the new landfill it did not mention whether it referred to the Dandan property which is still under litigation in the Guam Superior Court.
On March 25, Oxford Properties & Finance through its lawyer Anita Arriola, Joaquin C. Arriola and Douglas F. Cushnie filed a motion to dismiss the government's efforts to condemn the property and argued that the condemnation proceedings have to go through the Legislature or the federal government as required by Guam's eminent domain law. To date, no action has been taken and the 29th Guam Legislature is still looking into the issue as well as the spending of $10 million in Dandan without legislative authorization.
Meanwhile, the appointed receiver is now finishing its complete review of the work already performed by GovGuam to develop a plan that will achieve full compliance with the requirements of the Consent Decree.
Although it has already been appointed as receiver, GBB is still encouraging DPW workers to continue its daily services to the public.
The receiver also assured DPW staff that there is nothing to fear from the receivership.
"We want to work with you, to learn from you and to assure you that you have nothing to fear from the receivership," David L. Manning, GBB representative said.
The company now assumes all of the responsibilities, functions, duties, powers, and authority of GovGuam in solid waste operations.
The two major projects that the receiver needs to achieve are the closure of the Ordot Dump and the creation of a new municipal landfill as identified in a February 11, 2004 Consent Decree.
By Gina Tabonares
Variety News Staff
Monday, April 7, 2008
THE Washington DC-based private company tasked to be the receiver for solid waste operations on Guam has advised GovGuam to work immediately on the acquisition of the land needed for the new landfill.
Gershman, Brickner & Bratton Inc. (GBB) wants GovGuam to get the landfill property including the required land for access roads as soon as possible.
The company has advised the Solid Waste Division of the Department of Public Works to halt additional work on the projects needed to achieve compliance with the Consent Decree, pending completion of their initial review.
In a March 18 letter to Gov. Felix Camacho, GBB said it plans to begin work on the landfill site by mid to late April and would like to meet the governor of Guam.
The letter was published in the new website created by GBB for the Guam project.
When GBB asked to acquire the needed land for the new landfill it did not mention whether it referred to the Dandan property which is still under litigation in the Guam Superior Court.
On March 25, Oxford Properties & Finance through its lawyer Anita Arriola, Joaquin C. Arriola and Douglas F. Cushnie filed a motion to dismiss the government's efforts to condemn the property and argued that the condemnation proceedings have to go through the Legislature or the federal government as required by Guam's eminent domain law. To date, no action has been taken and the 29th Guam Legislature is still looking into the issue as well as the spending of $10 million in Dandan without legislative authorization.
Meanwhile, the appointed receiver is now finishing its complete review of the work already performed by GovGuam to develop a plan that will achieve full compliance with the requirements of the Consent Decree.
Although it has already been appointed as receiver, GBB is still encouraging DPW workers to continue its daily services to the public.
The receiver also assured DPW staff that there is nothing to fear from the receivership.
"We want to work with you, to learn from you and to assure you that you have nothing to fear from the receivership," David L. Manning, GBB representative said.
The company now assumes all of the responsibilities, functions, duties, powers, and authority of GovGuam in solid waste operations.
The two major projects that the receiver needs to achieve are the closure of the Ordot Dump and the creation of a new municipal landfill as identified in a February 11, 2004 Consent Decree.
Monday, February 25, 2008
Dandan Moves Forward With Paid Contractor
Dandan moves forward with paid contractor
Guam News
Monday February 25, 2008
By Gina Tabonares, Variety News Staff
AFTER halting the project for almost a year due to non-payment for an engineering study, the private engineering company contracted by the Department of Public Works for the new landfill at Dandan is confident that it will now meet the schedule presented in the court after receiving payment from the government of Guam.
Tor Gudmundsen, president of TG Engineers, reported to the District Court of Guam that the nine-month schedule to complete the design of the Dandan landfill matches the schedule approved by the court in January.
With the payment received on Thursday, the pre-final design submittal is now expected to move forward. This will be followed by review and approval from Guam Environmental Protection Agency and US EPA.
Gudmundsen said the US EPA, GEPA, DPW and the TGE team agreed to have a monthly conference call to review the progress and discuss the design issues.
The engineering firm was halted from the project last year after the Legislature approved a budget law that prohibits further expenditure on any proposed landfill land that is not acquired yet by the local government.
However, Judge Frances Tydingco-Gatewood invalidated the budget law provision to allow the payment of the engineering study and further construction works for the next municipal landfill.
TG Engineers proposed that DPW start the final design and preparation of bid documents for a design/build/finance option for the construction and operation of the Dandan landfill.
Gudmundsen stated that with the completion of the access road design, DPW can package the landfill project and issue a bid.
The schedule presented by GovGuam stated that bid documents will be prepared and the project issued for bid by the end of March 2008. The bid document set will include the existing design project documents and information that the next pre-final design submittal will be issued at the end of June 2008.
Once the bids are submitted at the end of July, a contractor can be selected and notified of award by the end of August 2008.
Gudmundsen suggested to DPW that it provide a performance incentive to the contractor to expedite the construction of the long overdue municipal landfill.
* Status hearing *
Meanwhile, the court issued an order over the weekend scheduling a status hearing on March 6, at 8 a.m.
The status hearing originally scheduled for Feb. 27 was moved because of the ongoing medical malpractice bench trial.
The site visit to the Department of Public Works solid waste management transfer stations in Dededo, Malojloj and Agat is on schedule for Feb. 27 at 8:30 a.m.
Guam News
Monday February 25, 2008
By Gina Tabonares, Variety News Staff
AFTER halting the project for almost a year due to non-payment for an engineering study, the private engineering company contracted by the Department of Public Works for the new landfill at Dandan is confident that it will now meet the schedule presented in the court after receiving payment from the government of Guam.
Tor Gudmundsen, president of TG Engineers, reported to the District Court of Guam that the nine-month schedule to complete the design of the Dandan landfill matches the schedule approved by the court in January.
With the payment received on Thursday, the pre-final design submittal is now expected to move forward. This will be followed by review and approval from Guam Environmental Protection Agency and US EPA.
Gudmundsen said the US EPA, GEPA, DPW and the TGE team agreed to have a monthly conference call to review the progress and discuss the design issues.
The engineering firm was halted from the project last year after the Legislature approved a budget law that prohibits further expenditure on any proposed landfill land that is not acquired yet by the local government.
However, Judge Frances Tydingco-Gatewood invalidated the budget law provision to allow the payment of the engineering study and further construction works for the next municipal landfill.
TG Engineers proposed that DPW start the final design and preparation of bid documents for a design/build/finance option for the construction and operation of the Dandan landfill.
Gudmundsen stated that with the completion of the access road design, DPW can package the landfill project and issue a bid.
The schedule presented by GovGuam stated that bid documents will be prepared and the project issued for bid by the end of March 2008. The bid document set will include the existing design project documents and information that the next pre-final design submittal will be issued at the end of June 2008.
Once the bids are submitted at the end of July, a contractor can be selected and notified of award by the end of August 2008.
Gudmundsen suggested to DPW that it provide a performance incentive to the contractor to expedite the construction of the long overdue municipal landfill.
* Status hearing *
Meanwhile, the court issued an order over the weekend scheduling a status hearing on March 6, at 8 a.m.
The status hearing originally scheduled for Feb. 27 was moved because of the ongoing medical malpractice bench trial.
The site visit to the Department of Public Works solid waste management transfer stations in Dededo, Malojloj and Agat is on schedule for Feb. 27 at 8:30 a.m.
Wednesday, February 20, 2008
Request to Stymie Dandan Development Denied
Request to stymie Dandan development denied
by Mindy Aguon
KUAM News
Wednesday, February 20, 2008
The Supreme Court of Guam declined a request to stop the government from spending money to develop a landfill at Dandan. Former Ordot-Chalan Pago mayor Rosanna San Miguel and several other residents made the request believing the landfill should be built at either Guatali or Malaa. Justices determined that the Government of Guam - specifically the Department of Public Works and the Guam Environmental Protection Agency - was authorized to exclude the two sites.
The high court also found that the Guam Legislature had granted the government the authority to select alternative sites for a landfill, which includes Dandan and upheld the validity of Public Law 24-272.
The court's opinion reads as such:
The Supreme Court of Guam today issued an Opinion in the case San Miguel v. Department of Public Works, 2008 Guam 3, which declined Plaintiffs-Appellants’ request to order the government not to continue expending funds on the development of the new landfill at Dandan until alternative sites at Guatali and Malaa were further considered as potential landfill sites.
Plaintiffs-Appellants in the case were taxpaying citizens of Guam who sought to have the landfill built at either Guatali or Malaa, and not Dandan. In Public Law 23-95, the Legislature named Guatali and Malaa as the primary and secondary sites for the new landfill, but stated that those sites could be excluded “for any legitimate reason.” The Defendants – including the Department of Public Works, the Guam Environmental Protection Agency, and others – excluded Guatali based on slope and geological exclusionary criterion, and excluded Malaa based on slope exclusionary criteria and existing land use incompatibility.
The trial court granted summary judgment for the Defendants with respect to the Guatali site, finding that it was lawfully excluded because it was owned by the federal government. Plaintiffs asked the trial court to reconsider that ruling, but the trial court declined that request. The trial court heard a motion for preliminary injunction with respect to Malaa, which it denied because the court found that the Defendants had “appropriately considered and rejected [it] as a proposed landfill site.”
On appeal, Plaintiffs-Appellants sought a reversal of the lower court’s denial of the motion for reconsideration and the motion for preliminary injunction. The Guam Supreme Court declined on jurisdictional grounds to consider the appeal of the lower court’s motion for reconsideration. The court reviewed the denial of the preliminary injunction, and found that the Defendants had acted within the authority granted to them by the Legislature in excluding Malaa as a potential landfill site. Specifically, the court found that excessive slope was a “legitimate reason” to exclude a site from consideration. The court also found that the Legislature had granted Defendants the authority to select alternative sites for landfills, including Dandan, through Public Law 24-272, which the court found was valid law.
by Mindy Aguon
KUAM News
Wednesday, February 20, 2008
The Supreme Court of Guam declined a request to stop the government from spending money to develop a landfill at Dandan. Former Ordot-Chalan Pago mayor Rosanna San Miguel and several other residents made the request believing the landfill should be built at either Guatali or Malaa. Justices determined that the Government of Guam - specifically the Department of Public Works and the Guam Environmental Protection Agency - was authorized to exclude the two sites.
The high court also found that the Guam Legislature had granted the government the authority to select alternative sites for a landfill, which includes Dandan and upheld the validity of Public Law 24-272.
The court's opinion reads as such:
The Supreme Court of Guam today issued an Opinion in the case San Miguel v. Department of Public Works, 2008 Guam 3, which declined Plaintiffs-Appellants’ request to order the government not to continue expending funds on the development of the new landfill at Dandan until alternative sites at Guatali and Malaa were further considered as potential landfill sites.
Plaintiffs-Appellants in the case were taxpaying citizens of Guam who sought to have the landfill built at either Guatali or Malaa, and not Dandan. In Public Law 23-95, the Legislature named Guatali and Malaa as the primary and secondary sites for the new landfill, but stated that those sites could be excluded “for any legitimate reason.” The Defendants – including the Department of Public Works, the Guam Environmental Protection Agency, and others – excluded Guatali based on slope and geological exclusionary criterion, and excluded Malaa based on slope exclusionary criteria and existing land use incompatibility.
The trial court granted summary judgment for the Defendants with respect to the Guatali site, finding that it was lawfully excluded because it was owned by the federal government. Plaintiffs asked the trial court to reconsider that ruling, but the trial court declined that request. The trial court heard a motion for preliminary injunction with respect to Malaa, which it denied because the court found that the Defendants had “appropriately considered and rejected [it] as a proposed landfill site.”
On appeal, Plaintiffs-Appellants sought a reversal of the lower court’s denial of the motion for reconsideration and the motion for preliminary injunction. The Guam Supreme Court declined on jurisdictional grounds to consider the appeal of the lower court’s motion for reconsideration. The court reviewed the denial of the preliminary injunction, and found that the Defendants had acted within the authority granted to them by the Legislature in excluding Malaa as a potential landfill site. Specifically, the court found that excessive slope was a “legitimate reason” to exclude a site from consideration. The court also found that the Legislature had granted Defendants the authority to select alternative sites for landfills, including Dandan, through Public Law 24-272, which the court found was valid law.
Monday, February 04, 2008
Feds Wants Dandan Work to Start Now
Feds want Dandan work to start now
by Mindy Aguon,
KUAM NewsMonday, February 04, 2008
Start work on the Dandan landfill immediately - that's the latest message from the feds to the local government. Urging the expediting of construction of the first cell at the Dandan site, the feds also expressed the need for the Department of Public Works to acquire a project engineer to finalize the designs for construction of the landfill and closure of the dump which they maintain could be completed within three months.The feds are also pushing for the construction of access roads at Dandan as well as the start of the procurement for the design/build/finance agreement with a contractor to have selection by July 1. The Government of Guam will file a reply by February 21.
by Mindy Aguon,
KUAM NewsMonday, February 04, 2008
Start work on the Dandan landfill immediately - that's the latest message from the feds to the local government. Urging the expediting of construction of the first cell at the Dandan site, the feds also expressed the need for the Department of Public Works to acquire a project engineer to finalize the designs for construction of the landfill and closure of the dump which they maintain could be completed within three months.The feds are also pushing for the construction of access roads at Dandan as well as the start of the procurement for the design/build/finance agreement with a contractor to have selection by July 1. The Government of Guam will file a reply by February 21.
Tuesday, January 15, 2008
Southerns Gather At Landfill Meeting
Southerners to gather at landfill meeting
by Sabrina Salas Matanane, KUAM News
Tuesday, January 15, 2008
Tonight southern residents will have the opportunity to hear more about Guam Resource Recovery Partners' plans to build a landfill and an incinerator in Santa Rita. A village meeting will get underway at the village's community center beginning at 6:30pm. Residents of Agat, Santa Rita and Piti will finally have the opportunity to hear more about the proposed landfill including where exactly it will be located.
According to GRRP, it's in Guatali, but according to maps at the Chamorro Land Trust Commission, the property is actually referred to as "Atantano", or what's also called "Parcel B".
It seems even the chairman of the Legislative Committee on Natural Resources, Jim Espaldon (R), seems to be confused. Initially when the initial study was done, that whole area was Guatali and it was one piece. After that study then something happened where it got divided and part of it went to the federal government and the other half went to the Government of Guam," the freshman policymaker told KUAM News. "Whether they call it Atantano or Guatali, it's a matter of semantics, because at the start initially it was all Guatali."
Espaldon continued, "Is it a separate piece? I believe so again a lot of the studies were done as I understand on what is now the federal property so I believe that the private developer, GRRP in this case, do have to do their studies, due diligence in terms of making sure the environmental concerns are addressed again according to EPA standards."
Officials from GRRP are expected to conduct a presentation on the proposed landfill as well as their plans to construct a waste-to-energy facility during this evening's meeting. As well, representatives from the Department of Public Works and the Guam Environmental Protection Agency will be on-hand to answer questions.
by Sabrina Salas Matanane, KUAM News
Tuesday, January 15, 2008
Tonight southern residents will have the opportunity to hear more about Guam Resource Recovery Partners' plans to build a landfill and an incinerator in Santa Rita. A village meeting will get underway at the village's community center beginning at 6:30pm. Residents of Agat, Santa Rita and Piti will finally have the opportunity to hear more about the proposed landfill including where exactly it will be located.
According to GRRP, it's in Guatali, but according to maps at the Chamorro Land Trust Commission, the property is actually referred to as "Atantano", or what's also called "Parcel B".
It seems even the chairman of the Legislative Committee on Natural Resources, Jim Espaldon (R), seems to be confused. Initially when the initial study was done, that whole area was Guatali and it was one piece. After that study then something happened where it got divided and part of it went to the federal government and the other half went to the Government of Guam," the freshman policymaker told KUAM News. "Whether they call it Atantano or Guatali, it's a matter of semantics, because at the start initially it was all Guatali."
Espaldon continued, "Is it a separate piece? I believe so again a lot of the studies were done as I understand on what is now the federal property so I believe that the private developer, GRRP in this case, do have to do their studies, due diligence in terms of making sure the environmental concerns are addressed again according to EPA standards."
Officials from GRRP are expected to conduct a presentation on the proposed landfill as well as their plans to construct a waste-to-energy facility during this evening's meeting. As well, representatives from the Department of Public Works and the Guam Environmental Protection Agency will be on-hand to answer questions.
Monday, December 10, 2007
Clearing to Start at Guatali
Plans apparently underway to start clearing at Guatali
by Mindy Aguon, KUAM News
Monday, December 10, 2007
The company behind the construction of a local waste-to-energy facility, Guam Resource Recovery Partners, is moving forward with plans to construct a landfill at Guatali. Keep in mind the controversial contract signed under the Carl Gutierrez Administration would not only allow for the construction of an incinerator, but also a landfill at Guatali, and that both go hand-in-hand as the landfill would be needed to accept the ash from the facility.
With that said, the government is feeling the pressure from the feds because the Ordot Dump is filled to capacity, and fines are climbing by the day, to the tune of already $2 million. And despite the Ordot consent decree designating the site of the new landfill to be constructed in Layon or Dandan, GRRP seems to be moving forward with plans to break ground at Guatali, much to the dismay of residents.
With the Ordot Dump reaching maximum capacity and no place for the island's trash, GRRP seems to putting aside plans to construct a waste-to-energy facility for the moment and move forward with actually building a landfill at Guatali. GRRP attorney Arthur Clark maintains his client's efforts could be positive news for the Government of Guam, which has consistently failed in complying with a consent decree to close the Ordot Dump and open a new landfill.
It is this same consent decree that approved the construction of Guam's new municipal solid waste landfill to be constructed in Dandan. Said Clark, "Again, because the consent decree recognizes that if a private developer puts a landfill up at any point and time, or obviously if there's any basis to speed up the Ordot Dump closure because either a new landfill opens up or the waste-to-energy facility we can now start diverting our trash in that direction, that's going to speed up the closure of the Ordot Dump."
Back in 1996 GRRP entered into an exclusive contact with GovGuam to build a waste-to-energy facility on Guam. For the last decade though that contract and its provisions have been embattled in litigation. Now awaiting one last decision from the Guam Supreme Court that is on appeal, GRRP is moving forward with plans to build a landfill at Guatali - an area where the company entered into a land license agreement with the Chamorro Land Trust Commission, which owns the property. That agreement expires next year with a renewal clause for an additional fifteen years. It was also signed on the last day of the Gutierrez Administration.
Attorney Clark, however, admits even though a landfill might be built in Guatali, the incinerator may not. "Not necessarily," he confirmed, "I haven't discussed...that with my client, so I don't know if the incinerator site itself will be at Guatali. So it could be, but not necessarily."
Attorney Clark says the landfill was initially intended to hold the ash from the waste-to-energy facility, but because of necessity GRRP may need to collect solid waste until the incinerator is built or the government builds another incinerator.
Either way, it's bad news for Guatali residents like Daryl Diras, who told KUAM News, "Let's not be hasty where we build something that we know we're going to regret later. They should give this place a second thought. It's really right behind residences." Diras is frustrated with Guam Resource Recovery Partners' efforts to build a landfill in his backyard. What is now a quiet neighborhood with a backyard view of Apra Harbor and a valley complete with several rivers could soon be dramatically transformed into cells and piles of trash or ash.
Diras maintains residents here were given no opportunity to give any input about a landfill or for that matter an incinerator in their backyard. "Who knows? Down the road it's going to effect us later, if not me, my children? My children's children? Especially the residents down in Agat, they're going to be smelling all that garbage," said the Santa Rita resident.
"It's such a beautiful area, it's such a shame what they're going to do to it."
On Thursday the company intends to hold a groundbreaking ceremony, despite not receiving approval from the Guam Environmental Protection Agency on a clearing-and-grading application to clear 3,500 feet for a future landfill.
by Mindy Aguon, KUAM News
Monday, December 10, 2007
The company behind the construction of a local waste-to-energy facility, Guam Resource Recovery Partners, is moving forward with plans to construct a landfill at Guatali. Keep in mind the controversial contract signed under the Carl Gutierrez Administration would not only allow for the construction of an incinerator, but also a landfill at Guatali, and that both go hand-in-hand as the landfill would be needed to accept the ash from the facility.
With that said, the government is feeling the pressure from the feds because the Ordot Dump is filled to capacity, and fines are climbing by the day, to the tune of already $2 million. And despite the Ordot consent decree designating the site of the new landfill to be constructed in Layon or Dandan, GRRP seems to be moving forward with plans to break ground at Guatali, much to the dismay of residents.
With the Ordot Dump reaching maximum capacity and no place for the island's trash, GRRP seems to putting aside plans to construct a waste-to-energy facility for the moment and move forward with actually building a landfill at Guatali. GRRP attorney Arthur Clark maintains his client's efforts could be positive news for the Government of Guam, which has consistently failed in complying with a consent decree to close the Ordot Dump and open a new landfill.
It is this same consent decree that approved the construction of Guam's new municipal solid waste landfill to be constructed in Dandan. Said Clark, "Again, because the consent decree recognizes that if a private developer puts a landfill up at any point and time, or obviously if there's any basis to speed up the Ordot Dump closure because either a new landfill opens up or the waste-to-energy facility we can now start diverting our trash in that direction, that's going to speed up the closure of the Ordot Dump."
Back in 1996 GRRP entered into an exclusive contact with GovGuam to build a waste-to-energy facility on Guam. For the last decade though that contract and its provisions have been embattled in litigation. Now awaiting one last decision from the Guam Supreme Court that is on appeal, GRRP is moving forward with plans to build a landfill at Guatali - an area where the company entered into a land license agreement with the Chamorro Land Trust Commission, which owns the property. That agreement expires next year with a renewal clause for an additional fifteen years. It was also signed on the last day of the Gutierrez Administration.
Attorney Clark, however, admits even though a landfill might be built in Guatali, the incinerator may not. "Not necessarily," he confirmed, "I haven't discussed...that with my client, so I don't know if the incinerator site itself will be at Guatali. So it could be, but not necessarily."
Attorney Clark says the landfill was initially intended to hold the ash from the waste-to-energy facility, but because of necessity GRRP may need to collect solid waste until the incinerator is built or the government builds another incinerator.
Either way, it's bad news for Guatali residents like Daryl Diras, who told KUAM News, "Let's not be hasty where we build something that we know we're going to regret later. They should give this place a second thought. It's really right behind residences." Diras is frustrated with Guam Resource Recovery Partners' efforts to build a landfill in his backyard. What is now a quiet neighborhood with a backyard view of Apra Harbor and a valley complete with several rivers could soon be dramatically transformed into cells and piles of trash or ash.
Diras maintains residents here were given no opportunity to give any input about a landfill or for that matter an incinerator in their backyard. "Who knows? Down the road it's going to effect us later, if not me, my children? My children's children? Especially the residents down in Agat, they're going to be smelling all that garbage," said the Santa Rita resident.
"It's such a beautiful area, it's such a shame what they're going to do to it."
On Thursday the company intends to hold a groundbreaking ceremony, despite not receiving approval from the Guam Environmental Protection Agency on a clearing-and-grading application to clear 3,500 feet for a future landfill.
Tuesday, September 04, 2007
Guam Landfill Issues
Commission to discuss Guam’s landfill site dilemma
By Gina Tabonares
Variety News Staff
September 4, 2007
THE problem of where to construct the next Guam landfill will be the major topic at tomorrow’s meeting of the Solid Waste Law Review Commission in Adelup.
The selection of the landfill site is complicated by several issues that include pending litigation in the Guam Supreme Court.
Aside from regulations on land use for residential and commercial developments that restrict the number of sites available for the landfill, a study made by the Guam Resource Recovery Partners, or GRRP, stated that landfill development is further constrained by restricted military lands, inadequate roads beyond Cetti Bay and Talafofo Bay to the south, and the close proximity of communities to potential sites.
Based on an earlier study conducted by Juan Tenorio Associates, the drawbacks also include the water resources in the limestone aquifer in the north, stream flow sources in central Guam, and the Fena reservoir in the south.
Several locations have been identified, including ones in Dandan or Layon, Guatali, and Malaa.
The Dandan location is being objected to because of its potential impact on both current and future drinking water resources, while Guatali and Malaa are under scrutiny for their size, slopes and land use incompatibility.
The selection of the next landfill is the subject of a lawsuit filed by residents of southern Guam to stop the government from spending funds in Dandan because of an existing law stating that the next landfill shall be built either at Guatali or Malaa.
To help the commission in its legislative measures, GRRP submitted a preliminary list of ranking candidate landfill sites based on a study of ground and surface water, residential communities, major roadway access, land use and zoning, public and private lands, historic districts, and adequate capacity.
GRRP said Agat ranks number one, followed by Guatali, then by Malaa.
A presentation made by GMP International Inc. president Wagdy A. Guirguis to the Solid Waste Commission last week provided a comparative study between Guatali and Dandan.
According to Guirguis, 100,000 tons per year in Guatali would cost $155.64 per ton in tipping fees by 2010, compared to $267 in a Dandan landfill.
By 2030, the $155.64 will become $63.49 in a Guatali landfill, while the $267 will become $331.57 in Dandan.
The projected household tipping fee in Guatali by 2010 is $14.01, while Dandan will be $24.09 by 2030. In Guatali, it will be reduced to $5.71, while in Dandan it will be increased to $29.84.
Based upon the projected municipal solid waste generation for Guam, the proposed landfill site with the addition of a waste-to-energy facility would accommodate landfill operations for 19 to 21 years. Without the waste-to-energy facility, the proposed site would accommodate landfill operations for approximately 12 years, according to GRRP.
GRRP project coordinator David Sablan said their proposed project site in Guatali Parcel B is located in the municipality of Piti and will provide approximately 3,000,000 cubic yards of solid waste disposal capacity.
In their proposed design, GRRP will include a waste-to-energy facility or incinerator to be located on an adjacent parcel.
The commission will also discuss the GRRP contract, which is currently in litigation in the Supreme Court of Guam.
*****************
Editorial
What about recycling?
The Marianas Variety
September 5, 2007
THE Solid Waste Law Review Commission will meet again today to start discussing — or debating — where to build the new landfill.
Where to build a new landfill? Doesn’t anyone here feel time-warped? Like we’re not moving, or if we are, moving in a circular path. So we’re back on the drawing board?
Of course, the landfill issue must be resolved. But amid all the circular debates over where to build a new landfill, one very important component of solid waste management is neglected, receding to the bottom of the discussion as a mere footnote. We’re talking about recycling.
Recycling is another area where we’re “time warped.” In many states and other countries, recycling is not just a way of life but a major industry as well. On Guam, recycling remains a plan, waiting to happen.
But the plan must take off through setting an aggressive policy. Recycling must be imposed on a community that has yet to appreciate the importance and benefits of recycling. They’ll see its worth eventually.
The policy can start from everyone’s home. Waste must be segregated between recyclables and organic. There has to be a policy that will prohibit garbage collectors from picking up trash not properly segregated.
Offering incentives to green consumers is a good start. The big turnout of participation at the Liberation Day contest for aluminum cans collection proved the success of offering cash for trash.
There are many recycling shops on Guam that buy recyclables. For individual households, recycling can be a source of income that the government should leave tax-free.
Stores can participate by offering discounts for customers who bring their own canvas bags.
The Guam Legislature should revisit an earlier proposal to impose a bottle return policy, which requires that drink bottles be returned to the stores where they are bought in exchange for a five-cent refund. Recycling rates are significantly higher in the 11 states that pay customers a nickel, and in some cases a dime, if they return their bottle. California, Hawaii and Maine include water bottles.
Recycling must be taught and implemented in schools. Collecting old newspapers, aluminum, bottles and other recyclable materials can be a sensible fundraising activity. Starting them young will enable us to raise a green generation.
Imagine if all recyclable materials are recycled. Maybe what we would need is not a landfill but a large compost pit for biodegradable waste that will be turned into fertilizers that our farmers can use.
What else do we need a landfill for — other than the useless garbage being discussed at the Solid Waste Law Review Commission?
*********************
Waste-to-energy firm pushes for Piti landfill
By Steve Limtiaco
Pacific Daily News
slimtiaco@guampdn.com
September 6, 2007
Guam Resource Recovery Partners could have a replacement landfill up and running in Guatali, Piti, by next summer, company representatives told a government commission yesterday morning.
The company, which has a license to burn trash to generate electricity, said it could take several years to obtain the environmental permits necessary for the generator, which means the island's solid waste would be accepted at the site, but not burned, during that time.
The information was provided during this week's meeting of the governor's Solid Waste Law Review Commission, which was created by executive order to address all of the issues affecting the government's ability to close the Ordot dump, as required in a federal court order.
GRRP's contract with GovGuam to build a power plant at the Guatali site currently is being challenged in the local courts, where Supreme Court of Guam justices are expected to issue a ruling.
The GRRP issue is important, because if the commission decides that the government should or must include a trash-burning power plant at a new landfill, it could impact the site selection for the landfill. The current approved landfill site, at Dandan, Inarajan, is too remote to make it cost-effective to produce and transmit electricity to the power grid.
The Guatali site, however, is near a power substation.
Attorney Arthur Clark, who represents GRRP, told the commission that a public law that disallows the use of an incinerator on Guam has not been brought up in court, but the courts have found that a similar law does not affect GRRP's contract with the government.
Clark said Guam law adopted Guatali as the site of the next landfill, and nothing has been presented as a reason to exclude that site.
Commission Chairman Sen. James Espaldon, R-Tamuning, said the commission needs to consider all alternatives as it arrives at its recommendation to the governor.
By Gina Tabonares
Variety News Staff
September 4, 2007
THE problem of where to construct the next Guam landfill will be the major topic at tomorrow’s meeting of the Solid Waste Law Review Commission in Adelup.
The selection of the landfill site is complicated by several issues that include pending litigation in the Guam Supreme Court.
Aside from regulations on land use for residential and commercial developments that restrict the number of sites available for the landfill, a study made by the Guam Resource Recovery Partners, or GRRP, stated that landfill development is further constrained by restricted military lands, inadequate roads beyond Cetti Bay and Talafofo Bay to the south, and the close proximity of communities to potential sites.
Based on an earlier study conducted by Juan Tenorio Associates, the drawbacks also include the water resources in the limestone aquifer in the north, stream flow sources in central Guam, and the Fena reservoir in the south.
Several locations have been identified, including ones in Dandan or Layon, Guatali, and Malaa.
The Dandan location is being objected to because of its potential impact on both current and future drinking water resources, while Guatali and Malaa are under scrutiny for their size, slopes and land use incompatibility.
The selection of the next landfill is the subject of a lawsuit filed by residents of southern Guam to stop the government from spending funds in Dandan because of an existing law stating that the next landfill shall be built either at Guatali or Malaa.
To help the commission in its legislative measures, GRRP submitted a preliminary list of ranking candidate landfill sites based on a study of ground and surface water, residential communities, major roadway access, land use and zoning, public and private lands, historic districts, and adequate capacity.
GRRP said Agat ranks number one, followed by Guatali, then by Malaa.
A presentation made by GMP International Inc. president Wagdy A. Guirguis to the Solid Waste Commission last week provided a comparative study between Guatali and Dandan.
According to Guirguis, 100,000 tons per year in Guatali would cost $155.64 per ton in tipping fees by 2010, compared to $267 in a Dandan landfill.
By 2030, the $155.64 will become $63.49 in a Guatali landfill, while the $267 will become $331.57 in Dandan.
The projected household tipping fee in Guatali by 2010 is $14.01, while Dandan will be $24.09 by 2030. In Guatali, it will be reduced to $5.71, while in Dandan it will be increased to $29.84.
Based upon the projected municipal solid waste generation for Guam, the proposed landfill site with the addition of a waste-to-energy facility would accommodate landfill operations for 19 to 21 years. Without the waste-to-energy facility, the proposed site would accommodate landfill operations for approximately 12 years, according to GRRP.
GRRP project coordinator David Sablan said their proposed project site in Guatali Parcel B is located in the municipality of Piti and will provide approximately 3,000,000 cubic yards of solid waste disposal capacity.
In their proposed design, GRRP will include a waste-to-energy facility or incinerator to be located on an adjacent parcel.
The commission will also discuss the GRRP contract, which is currently in litigation in the Supreme Court of Guam.
*****************
Editorial
What about recycling?
The Marianas Variety
September 5, 2007
THE Solid Waste Law Review Commission will meet again today to start discussing — or debating — where to build the new landfill.
Where to build a new landfill? Doesn’t anyone here feel time-warped? Like we’re not moving, or if we are, moving in a circular path. So we’re back on the drawing board?
Of course, the landfill issue must be resolved. But amid all the circular debates over where to build a new landfill, one very important component of solid waste management is neglected, receding to the bottom of the discussion as a mere footnote. We’re talking about recycling.
Recycling is another area where we’re “time warped.” In many states and other countries, recycling is not just a way of life but a major industry as well. On Guam, recycling remains a plan, waiting to happen.
But the plan must take off through setting an aggressive policy. Recycling must be imposed on a community that has yet to appreciate the importance and benefits of recycling. They’ll see its worth eventually.
The policy can start from everyone’s home. Waste must be segregated between recyclables and organic. There has to be a policy that will prohibit garbage collectors from picking up trash not properly segregated.
Offering incentives to green consumers is a good start. The big turnout of participation at the Liberation Day contest for aluminum cans collection proved the success of offering cash for trash.
There are many recycling shops on Guam that buy recyclables. For individual households, recycling can be a source of income that the government should leave tax-free.
Stores can participate by offering discounts for customers who bring their own canvas bags.
The Guam Legislature should revisit an earlier proposal to impose a bottle return policy, which requires that drink bottles be returned to the stores where they are bought in exchange for a five-cent refund. Recycling rates are significantly higher in the 11 states that pay customers a nickel, and in some cases a dime, if they return their bottle. California, Hawaii and Maine include water bottles.
Recycling must be taught and implemented in schools. Collecting old newspapers, aluminum, bottles and other recyclable materials can be a sensible fundraising activity. Starting them young will enable us to raise a green generation.
Imagine if all recyclable materials are recycled. Maybe what we would need is not a landfill but a large compost pit for biodegradable waste that will be turned into fertilizers that our farmers can use.
What else do we need a landfill for — other than the useless garbage being discussed at the Solid Waste Law Review Commission?
*********************
Waste-to-energy firm pushes for Piti landfill
By Steve Limtiaco
Pacific Daily News
slimtiaco@guampdn.com
September 6, 2007
Guam Resource Recovery Partners could have a replacement landfill up and running in Guatali, Piti, by next summer, company representatives told a government commission yesterday morning.
The company, which has a license to burn trash to generate electricity, said it could take several years to obtain the environmental permits necessary for the generator, which means the island's solid waste would be accepted at the site, but not burned, during that time.
The information was provided during this week's meeting of the governor's Solid Waste Law Review Commission, which was created by executive order to address all of the issues affecting the government's ability to close the Ordot dump, as required in a federal court order.
GRRP's contract with GovGuam to build a power plant at the Guatali site currently is being challenged in the local courts, where Supreme Court of Guam justices are expected to issue a ruling.
The GRRP issue is important, because if the commission decides that the government should or must include a trash-burning power plant at a new landfill, it could impact the site selection for the landfill. The current approved landfill site, at Dandan, Inarajan, is too remote to make it cost-effective to produce and transmit electricity to the power grid.
The Guatali site, however, is near a power substation.
Attorney Arthur Clark, who represents GRRP, told the commission that a public law that disallows the use of an incinerator on Guam has not been brought up in court, but the courts have found that a similar law does not affect GRRP's contract with the government.
Clark said Guam law adopted Guatali as the site of the next landfill, and nothing has been presented as a reason to exclude that site.
Commission Chairman Sen. James Espaldon, R-Tamuning, said the commission needs to consider all alternatives as it arrives at its recommendation to the governor.
Friday, August 24, 2007
Legal Risks With Dandan Landfill Project
GovGuam faces legal risks in Dandan project
By Gina Tabonares
Variety News Staff
August 23, 2007
GOVERNMENT of Guam authorities who decided to pick Dandan as the site of a new landfill could be held accountable for the $10 million in public funds should further study support an option to condemn the area.
The risk of being questioned for the selection of Dandan came up yesterday as members of the Solid Waste Law Review Commission discussed the status of the pending court cases related to Guam’s solid waste management issues.
During the second meeting of the newly created commission, LRC chairman Sen. James Espaldon, R-Tamuning, talked about the synopsis of the pending litigations and the history of the landfill site selection efforts, as well as the status and scope of work that has been done in connection with GovGuam’s compliance with the consent decree to close the Ordot Dump and open a new landfill.
After Deputy Attorney General Patrick Mason briefed the commission on the four pending cases, representatives from the Guam Environmental Protection Agency and the Department of Public Works were asked about the basis for selecting Dandan or Layon as the next landfill location.
The four cases are the USA v. GovGuam that resulted in the consent decree signed before the U.S. District Court of Guam; Pangelinan v. Camacho which questions the validity of the solid waste management agreement between GovGuam and GRRP; San Miguel v. Department of Public Works; and GRRP v. GovGuam pending before the Superior Court of Guam.
The case in federal court is waiting for a decision by Chief Judge Frances Tydingco-Gatewood based on the report and recommendation made by Magistrate Judge Joaquin Manibusan.
The cases of San Miguel and Pangelinan are both pending in the Supreme Court of Guam, while the GRRP lawsuit wherein the plaintiff seeks to recover $10 million from GovGuam for breach of the agreement is also pending in trial court.
Close to $10 million in government funds have been spent and an additional $20 million is needed to determine whether Dandan is suited for the landfill project.
Despite findings that Dandan has numerous environmental challenges and should be protected for water resources, the government is still considering Dandan pending the result of the nine-month hydrogeological study that will ascertain if the site is worth all the further mitigation expenses.
Atty. Ray Haddock of the Office of the Governor said there is an option to condemn the Dandan site, but they are waiting for the results of the further study before they decide to pick an alternative site.
The condemnation of the Dandan project could mean that the $10 million spent in the area was another waste of public funds.
A legal observer who requested anonymity told Variety that such waste of public funds could mean negligence and GovGuam officials could be held liable for their irresponsible dispersing of government monies.
The discussion on selecting Dandan heated up when Sen. Tina Muna Barnes, D-Mangilao, asked GEPA representatives about the basis and criteria used in the selection of the property.
Conchita Taitano, GEPA Air and Land Division director, said every single report was looked at, and there were 20 sites identified.
From the original list of prospective sites, the number was reduced to 12, then to six, and then to the top three candidates: Lonfit, Sabanan Batea, and Dandan/Layon.
Taitano added that GovGuam didn’t have a lot of money to conduct environmental impact studies on all potential landfill sites and the elimination of Guatali was based on its failure to meet several criteria such as slope, size and the presence of faults.
Guam Resource Recovery Partners coordinator David Sablan, however, informed the commission that the criteria were not part of the U.S. Environemntal Protection Agency’s standards and were only created by GEPA officials.
Silence ensued when an observer asked LRC members whether it was proper to spend $10 million on the location without proper property acquisition.
Attorney General Alicia Limtiaco said government work on site-specific projects can actually begin with acquired simple ownership and not a whole ownership.
However, the observer questioned why government funds had to be used on a location that has a number of challenges.
The same challenges prompted senators to introduce a bill that prohibits GovGuam from using public funds in any landfill construction site in the absence of property ownership.
The San Miguel case also aimed to prevent GovGuam from further expenditure on the Dandan project while stressing that Guatali has been identified as the primary site for new landfill and Malaa as the secondary site under Public Law 23-95.
Barnes added that a study conducted by the Guam Waterworks Authority recommended that Dandan not be used as a landfill site.
“The study made in January stated that the water level has kept re-surfacing and it will need additional infrastructure to meet the environmental challenges. The study was not released to the public,” she told the commission.
While LRC recognized that their decision-making is tied to the pending cases, the members agreed to outline viable alternative recommendations should the courts issue a decision on the pending litigations.
The commission will meet again on Wednesday morning.
By Gina Tabonares
Variety News Staff
August 23, 2007
GOVERNMENT of Guam authorities who decided to pick Dandan as the site of a new landfill could be held accountable for the $10 million in public funds should further study support an option to condemn the area.
The risk of being questioned for the selection of Dandan came up yesterday as members of the Solid Waste Law Review Commission discussed the status of the pending court cases related to Guam’s solid waste management issues.
During the second meeting of the newly created commission, LRC chairman Sen. James Espaldon, R-Tamuning, talked about the synopsis of the pending litigations and the history of the landfill site selection efforts, as well as the status and scope of work that has been done in connection with GovGuam’s compliance with the consent decree to close the Ordot Dump and open a new landfill.
After Deputy Attorney General Patrick Mason briefed the commission on the four pending cases, representatives from the Guam Environmental Protection Agency and the Department of Public Works were asked about the basis for selecting Dandan or Layon as the next landfill location.
The four cases are the USA v. GovGuam that resulted in the consent decree signed before the U.S. District Court of Guam; Pangelinan v. Camacho which questions the validity of the solid waste management agreement between GovGuam and GRRP; San Miguel v. Department of Public Works; and GRRP v. GovGuam pending before the Superior Court of Guam.
The case in federal court is waiting for a decision by Chief Judge Frances Tydingco-Gatewood based on the report and recommendation made by Magistrate Judge Joaquin Manibusan.
The cases of San Miguel and Pangelinan are both pending in the Supreme Court of Guam, while the GRRP lawsuit wherein the plaintiff seeks to recover $10 million from GovGuam for breach of the agreement is also pending in trial court.
Close to $10 million in government funds have been spent and an additional $20 million is needed to determine whether Dandan is suited for the landfill project.
Despite findings that Dandan has numerous environmental challenges and should be protected for water resources, the government is still considering Dandan pending the result of the nine-month hydrogeological study that will ascertain if the site is worth all the further mitigation expenses.
Atty. Ray Haddock of the Office of the Governor said there is an option to condemn the Dandan site, but they are waiting for the results of the further study before they decide to pick an alternative site.
The condemnation of the Dandan project could mean that the $10 million spent in the area was another waste of public funds.
A legal observer who requested anonymity told Variety that such waste of public funds could mean negligence and GovGuam officials could be held liable for their irresponsible dispersing of government monies.
The discussion on selecting Dandan heated up when Sen. Tina Muna Barnes, D-Mangilao, asked GEPA representatives about the basis and criteria used in the selection of the property.
Conchita Taitano, GEPA Air and Land Division director, said every single report was looked at, and there were 20 sites identified.
From the original list of prospective sites, the number was reduced to 12, then to six, and then to the top three candidates: Lonfit, Sabanan Batea, and Dandan/Layon.
Taitano added that GovGuam didn’t have a lot of money to conduct environmental impact studies on all potential landfill sites and the elimination of Guatali was based on its failure to meet several criteria such as slope, size and the presence of faults.
Guam Resource Recovery Partners coordinator David Sablan, however, informed the commission that the criteria were not part of the U.S. Environemntal Protection Agency’s standards and were only created by GEPA officials.
Silence ensued when an observer asked LRC members whether it was proper to spend $10 million on the location without proper property acquisition.
Attorney General Alicia Limtiaco said government work on site-specific projects can actually begin with acquired simple ownership and not a whole ownership.
However, the observer questioned why government funds had to be used on a location that has a number of challenges.
The same challenges prompted senators to introduce a bill that prohibits GovGuam from using public funds in any landfill construction site in the absence of property ownership.
The San Miguel case also aimed to prevent GovGuam from further expenditure on the Dandan project while stressing that Guatali has been identified as the primary site for new landfill and Malaa as the secondary site under Public Law 23-95.
Barnes added that a study conducted by the Guam Waterworks Authority recommended that Dandan not be used as a landfill site.
“The study made in January stated that the water level has kept re-surfacing and it will need additional infrastructure to meet the environmental challenges. The study was not released to the public,” she told the commission.
While LRC recognized that their decision-making is tied to the pending cases, the members agreed to outline viable alternative recommendations should the courts issue a decision on the pending litigations.
The commission will meet again on Wednesday morning.
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