By Gina Tabonares
Variety News Staff

VERY little of the heavy equipment belonging to the Department of Public Works’ Solid Waste Division is functioning, which is one of the reasons the government can’t collect garbage and has failed to meet court deadlines to close the Ordot Dump and open a new landfill.
As of April 17, 2007, DPW had 12 packer trucks, only three of which are working. The only “baby” packer truck is out of service, and only one of five roll-off trucks is working. None of the water tankers is functioning, and only three of the five dump trucks are in service. A compactor cannot be repaired and the two bulldozers, a truck-loader and an excavator are decaying in a private mechanic shop due to the high cost of repair.
The condition of DPW’s heavy equipment is revealed in a status report made by Assistant Attorney General Helen Kennedy as part of GovGuam’s commitment to provide the District Court of Guam a status report on all equipment and supplies necessary to properly operate the residential waste collection service, the transfer stations, and the Ordot Dump.
The future of the out-of-order equipment is still unknown as the cash-strapped government of Guam needs at least $79,255 to repair it.
Kennedy said DPW is attempting to rent some equipment, which would cost roughly $5.5 million for a year.
For the repair of the packer trucks, the government needs at least $8,200. The “baby” packer is out of service indefinitely because parts have not been ordered yet.
Repairs on the roll-off trucks would cost $8,000, while two of the dump trucks need repairs at a cost of $200.
The compactor cannot be repaired for less than $10,000 and it is still under review by the Hawthorne Heavy Equipment Shop in Harmon.
Two bulldozers are also awaiting repair at the same Harmon shop for an estimated cost of $30,000.
The same shop cannot repair the truck loader pending the payment of $21,855, while the excavator needs to be fixed for an estimated cost of $1,000.
The unavailability of funds forced Morrico Equipment to stop doing repairs on government equipment pending DPW’s payment of some $3,000.
Some of the equipment was transferred to Hawthorne Machinery but the Harmon shop cannot make further repair for the same reason: DPW’s non-payment.
Kennedy reported that the local government will provide a schedule for repair or replacement of the equipment by May 31, 2007.
Meanwhile, both the local and federal governments are still waiting for the court’s decision whether to impose sanctions against GovGuam for not meeting the consent decree deadlines or allow an amendment of the parties’ stipulation.
U.S. Magistrate Judge Joaquin Manibusan took under advisement the motions heard on March 8, but expressed his leaning towards holding GovGuam in contempt for its failure to close the Ordot Dump and start the construction of a new landfill.
During the three-hour motion hearing, the GovGuam attorney stressed the need to give the local government at least a year to complete the hydrological project for the new landfill in Layon in order for mediation among local and federal government representatives to address several concerns which she said were “unforeseen circumstances” when the consent decree was drafted three years ago.
Kennedy mentioned again the time needed for procurement, the difficulties in hiring competent engineers, the changes in the law with regard to financing, the military buildup, political opposition, and events that were beyond the control of GovGuam.
She asked the court to order the federal government to improve the dirt road on the NASA property so DPW will have better access and avoid further delay in the Layon landfill construction.
Kennedy also urged the court to issue an order to require an appropriation from Congress because the federal government should share in the new landfill construction expenses in line with the anticipated military buildup that will contribute to the use of the new landfill.
Recognizing that the stumbling block is funding, Judge Manibusan brought up the idea of transferring the control of the Solid Waste Management Division from DPW to the Public Utilities Commission through a public corporation which was highly endorsed by the U.S. government.
According to U.S. lawyers, PUC or a public corporation should handle the collection of garbage tipping fees to ensure proper funding for the new landfill project and the closure of the Ordot Dump.