Residents not giving up on landfill issue

Residents not giving up on landfill issue

Posted: Nov 29, 2009 9:46 PM PST
by Mindy Aguon

It remains to be seen what impact, of any, a five-year-old civil suit in the Superior Court will have on the Ordot consent decree. The Attorney General's Office submitted a report to the District Court chief judge informing her of efforts in Guam's trial court to put an immediate stop to construction efforts at the new Layon landfill.

A handful of residents, led by former Ordot-Chalan Pago mayor Rossana San Miguel, aren't giving up their efforts to have the government put a landfill at Guatali or Mala'a instead of at Layon. It was something the Attorney General's Office was concerned about two years ago.

"If the Supreme Court should decide that Judge [Katherine] Maraman made a mistake and reverses (her decision) it what that would mean is that the law that said Guatali and Mala'a had to be considered as the landfill was applicable to the governor's action. If he had no authority to enter into the consent decree, the consent decree is null and void," said Alberto Tolentino in July 2007.

And apparently the issue is still a concern as Assistant Attorney General Phil Isaac filed a report with the District Court detailing the latest efforts in a taxpayer lawsuit, led by San Miguel seeking a temporary restraining order for the Layon landfill.

She said, "I'm not asking them to completely stop the project. I'm just asking to really look at it and like I said in the meantime by law there's a place and a company that can take care of it. So it's really up and you know the bottom line it's really up to our lawmakers how they want to handle this."

San Miguel, Jose Chargulaf, Angelo Gombar, Anthony Duenas Leon Guerrero, Lawrence Portela, Tony Quinata, Franklin Taitague and Jose Terlaje have been asking the Superior Court to force the Government of Guam to stop efforts to put a landfill anywhere other than where a public law enacted back in 1997 states it should be. The taxpayer lawsuit filed back in 2004, alleges the government broke the law by failing to work with Guatali and Mala'a as potential sites for the island's next landfill.

"The law says it's Guatali," said San Miguel. "I pushed that from the very beginning and I said it again. I keep saying it time and time again. Why are you inducing all the millions of dollars on the people of Guam, the taxpayers to pay for this project when they shouldn't even have to be the one to do it?"

She continued, "Guatali is in the books. It's local law. This new landfill where it's supposed to be, is not in the books and funding for this new landfill has never been there it's money that is now made that the Government of Guam now has to pay and that's the bottom line."

A hearing on San Miguel's motion for a TRO is scheduled for January 14. Federal receiver Gershman, Bricker & Bratton meanwhile says they are aware of the report filed with the court as well as the taxpayers' litigation. Receiver representative David Manning says, as the receiver it is not their role to ask the court to take any action on a purely legal question.

However he says they are confident that all matters with respect to the consent decree and the construction of the new landfill at Layon have been proper and are being handled in strict compliance with all applicable legal requirements.

Landfill project finally gets permit

Landfill project finally gets permit

Wednesday, 25 November 2009 01:44
by Therese Hart | Variety News Staff

FEDERAL receiver Gershman, Brickner & Bratton yesterday announced that the Guam Environmental Protection Agency has issued a permit for the Layon landfill project.

The permit, issued on Nov. 23, allows all activities related to the construction of the landfill to move forward in compliance with the consent decree.

In addition, GEPA issued the air pollution control permit at the same time.

The issuance of these permits is a major milestone in the 23-year-long process of closing the Ordot Dump and building an environmentally compliant waste disposal facility for the island's municipal solid waste.

“The design of the new landfill and the plans for operating it underwent a rigorous review by the Guam Environmental Protection Agency and the United States Environmental Protection Agency, passing all of the requirements to assure that Guam's environment is protected,” GBB representative David L. Manning.

“This is the last major step in the approval process for the Layon Landfill and clears the way for a final closure of the Ordot Dump and an end to the environmental damage it has inflicted on Guam for many years,” Manning added.

Construction contracts have been awarded to various local companies. Core Tech International was awarded the contract for the construction of the access road and utilities.

Black Construction Corporation gets the contract for the landfill entrance facilities and landfill systems for Cells 1 & 2.

Construction is anticipated to commence soon and take about 500 days. Preconstruction earthwork has already been underway since February 2009 under a contract awarded to Maeda Pacific Corporation and is nearing completion.

There are 611 days of airspace remaining at the Ordot Dump.

Governor Optimistic About $20 Million Landfill Loan

Governor confident: Camacho upbeat on $20M landfill loan
By Dionesis Tamondong
Pacific Daily News
December 17, 2008

One local bank official said his bank is just not interested in lending the government $20 million for landfill construction. Another lender said it would consider the proposal if the repayment sources were more concrete.

With less than a week before the federal deadline for responses, the Camacho administration is sure some lending institutions will submit proposals to finance the Ordot dump closure and landfill construction projects.

"We remain confident that we will be able to secure the financing," said George Bamba, Gov. Felix Camacho's chief of staff. The government of Guam must deposit $20 million by Jan. 5, or some officials could face legal action from the federal government.

The Guam Economic Development and Commerce Authority has issued a request for proposals for financiers to lend GovGuam the money for the start-up projects.

BankPacific President Phil Flores said his bank won't respond to the financing request. "We're not interested. We're just not going to bid on this one."

While Flores didn't provide a specific reason for not responding to GovGuam's proposal, he said there's too much confusion over the dump situation.

"Is the Legislature wanting to build in Layon or to give the contract to (Guam Resource Recovery Partners)?" Flores asked. "So if you're lending money for a new landfill, there's always the concern that it's not going to be built."

Several lawmakers disagree with the local government's selection of Dandan, Inarajan, as the landfill site, arguing it is a potential freshwater source and is too remote for efficient use as a landfill. Senators passed a measure last month pushing for development of a privately operated landfill in the Guatali area of Piti and Santa Rita, on land being leased by GRRP, saying it is friendlier to the environment and less costly than floating bonds to develop the Inarajan site.

Pete Sgro Jr., co-counsel to Barclay's Capital, said his firm would be interested only if the repayment terms were solidified with Section 30 funds as collateral for the loan. Barclay's Capital is a division of Barclay's Bank, which has offices worldwide.

"We are seriously considering submitting a response, and if we do so, however, the response will contain terms that would include not continuing with a subordination of the Section 30 money," Sgro said. "Otherwise there is no value in the collateral."

Sgro said lawmakers made "damaging amendments" to the governor's original short-term borrowing bill.

The administration had pledged Section 30 money -- taxes paid by federal and military employees on Guam and remitted to GovGuam --to pay back the $20 million.

But lawmakers instead required tipping fees be used as the main repayment source, and a variety of funding sources -- including compact-impact money, Section 30 money and the General Fund -- as additional security, Sen. Ben Pangelinan said.

By doing so, Section 30 funds could continue to be used for other obligations, such as the overdue tax refunds and COLA payments.

"These payments are also ordered by the court and on par with the landfill issue," Pangelinan said.

Pangelinan said the amendments were made in consultation with the administration's fiscal policy team after lawmakers realized there wasn't enough support to pass the governor's original bill.

Sgro said lawmakers should go back and approve the original version of the governor's bill, which is in line with the intent of the federal receiver and the District Court of Guam.

"How can anyone ignore the consistent position taken by (Chief Judge Frances Tydingco-) Gatewood and create an amendment that will not accomplish the necessary financing because of the vagueness and lack of value of the collateral created by an amendment?" Sgro asked.

Consultants Report 30% Decrease in Dump Waste

Consultants report 30% decrease in dump waste
By William B. Martin Jr.
Pacific Daily News
November 17, 2008

There's been a 30 percent drop in waste going to the Ordot dump as a result of the July materials ban on cardboard, green waste and construction debris, according to a progress report filed in federal court by the court-appointed federal receiver.


Solid waste managers Gershman, Brickner & Bratton also submitted invoices totalling $222,677.20 to be paid by the government of Guam for services provided in September.

The solid waste management consulting firm was given full authority by the court District Court of Guam to to close Ordot dump and build a new landfill in Dandan, Inarajan, as required by a 2003 consent decree between federal and local officials. Both projects were supposed to be completed last year, but it was expected to take GovGuam several more years to build the new landfill so the dump can be closed.

The materials ban has been one of the measures they implemented and enforced on all commercial and self-haulers going directly to the dump and the Agat and Dededo transfer stations.

Progress report
The latest progress report also states that emergency procurement orders authorized by Gov. Felix Camacho have been used on vehicle purchases, repairs and maintenance. Though invoices do not make clear exact dollar amounts set aside on emergency procurement, a July status report to the court estimates emergency procurement on "urgent" purchases to be around $1.66 million.

Through such measures, the receiver has reduced the Department of Public Works Solid Waste Division's dependence on equipment rentals from $11,000 daily to about $1,400 per day, the report states.

"(These vehicles) together with repairs to the older equipment allowed trash collection crews to complete their routes during one shift for the first time in several years," David Manning, GBB special principle associate, stated in the report.

The consultants also touted the implementation of new containers accepting glass, mixed paper and cardboard for recycling, located at the Agat and Dededo transfer stations and the Ordot dump.

Invoices
To date, GovGuam has paid $1,145,961.79 to Gershman, Brickner & Bratton, according to the latest invoice submitted on Oct. 31. Labor costs for the month of September total more than $173,000.

The firm's expense report consists mostly of per diem, lodging and transportation costs incurred among employees traveling to Guam in order to maintain the firm's constant presence on island.

Among the billable items purchased include a $134 vacuum cleaner and a $21 barbecue grill, according to receipts submitted to the court.

In an e-mail, Manning said the purchases, which are tracked and audited monthly by the court, were cost saving measures intended to bring down restaurant costs and cleaning services for employees' temporary residences.

'Cost-effective'
"This arrangement has been very cost-effective for Guam," he said.

Manning provided correspondence with the court in which detailed reports for the months of July through August indicate that the firm billed GovGuam $14,852.72, which he said is a little more than half the posted U.S. government rates for traveling contractors.

The funds shall be paid from a $2.8 million interest-bearing savings account that GovGuam is required to open in January, according to the order.

Ordot Still Full, Will Continue to Take Trash

Dump full, still taking trash: DPW won't push public to reduce its waste stream
By Brett Kelman
Pacific Daily News
bmkelman@guampdn.com
12/7/07

Trash collection will not be interrupted even though the Ordot dump is full, and Guam will be forced to face the financial, environmental and safety repercussions of the bloated dump until an alternative site is opened, Public Works Solid Waste Division Superintendent Dominic Muna said yesterday.

Public Works has two options for stretching the dump's capacity -- filling a staging area where cover material is kept, on Ordot's east edge, or continuing to stack garbage higher.

Neither solution is perfect, Muna said.

If garbage is dumped in the staging area, Muna said it threatens to contaminate the Lonfit River because it would be lower and closer to the water than the rest of the dump. If Ordot continues to expand upward, it will increase the risk of fires, landslides and cave-ins from poorly compacted garbage.

"Every additional day (Ordot dump) stays open, it is having a negative impact in some way," Muna said.

Still, he added, continuing to fill the Ordot dump was a better choice than giving residents no outlet for their garbage.

Muna said Public Works has no choice but to leave Ordot open until a new landfill is complete and ready to receive trash. Without a dumpsite, trash could pile up illegally in residential areas and on roadsides, becoming an eyesore and a danger to public health.

According to the speediest estimates, construction of a second landfill will take at least six to nine months, Muna said.

"If they break ground tomorrow, we'll close our gates in eight months and 29 days," he said.

Solid Waste Law Review Commission Chairman Sen. James Espaldon said that when construction will begin depends on where the new landfill will be built -- at the Guatali site or the Dandan site.

Until then, concessions will have to be made. Trash has already begun to creep onto Ordot dumps' access roads and garbage on the west side is encroaching onto private property.

Which to choose
Muna said private engineering company Duenas, Bordallo & Associates estimated that the staging area could expand the dump's life span by four months if the Guam EPA approves it as a trash site.

"If there are steps in place to control the runoff, ... and that would help minimize the damage to the environment, that is something we would be prone to approve," EPA spokeswoman Tammy Anderson said about the staging area plan.

Muna said members of the Solid Waste Law Review Commission had resisted the plan to use the staging area because of its environmental risks.

Espaldon said he is disappointed that Public Works waited until the dump reached capacity to choose an expansion plan, even though the warning signs were many and frequent.

"The bottom line is this fix should have been in the works a long time ago," he said, referencing Public Works' 200-day warning on Sept. 13. The dump has reached capacity well before the warning predicted, but Muna said it had just been an estimate.

If Public Works instead decides to expand upward, Muna said there was no way of knowing how many days the dump could continue before the safety risks of narrow roads and loose garbage bite back.

"It's a ticking time bomb," he said.

Anderson said dump runoff may be an environmental concern if the dump grows beyond its capacity and that the risk of trash fires burning plastics and releasing toxic fumes might increase.

Although a temporary dumpsite in another location has been proposed as a third option to tide Guam over until a new landfill opens, Anderson said Guam EPA would never approve it.

Proper waste containment for any dumpsite larger than a short-term staging area requires years of engineering surveys and scientific research, she said.

"A truly temporary site could never be good enough," she said.

In too deep
No matter which solution is chosen, the dump has already exceeded the capacity projected in Duenas, Bordallo & Associates' closure plan, voiding the design and forcing the government to pay for a new one, Muna said.

"When they prepared the design for the closure of the landfill, it was designed for a certain amount of waste and at a certain level. The more we exceed that, the more the design has to be mended, ... and the more it's going to cost," he said.

A methane ventilation system and a moat for contaminated runoff must be built to cap the dump, but cannot be designed until the dump stops growing, Muna said. Until a completion date for a new landfill is set, a new design can't begin.

Even though the landfill is being stretched beyond its limitations, Muna said Public Works did not plan to restrict the number of bags of garbage residents could dump.

He said he encourages residents to recycle and to lessen the trash load, but Public Works would not force them to do so because he didn't feel the process was fair or economically feasible for the disadvantaged.

Espaldon said public efforts to minimize garbage would be necessary and that he believed the public would rise to the occasion, but did not write off the possibility of legislation that would promote, or perhaps even mandate, recycling.