By Gina Tabonares
Variety News Staff

FEDERAL agencies yesterday asked the District Court of Guam not to extend the deadlines to close the Ordot Dump and open a new landfill, and instead impose a remedy to ensure that the government of Guam promptly implements the requirements of the court.
This is the response of the U.S. Department of Justice, the U.S. Environment and Natural Resources, and the U.S. Attorney’s Office to GovGuam’s motion to modify the consent decree.
GovGuam asked the court to give them at least two more years to build a new landfill in Layon before they could start the closure of Ordot Dump.
But the federal agencies said GovGuam does not deserve an extension of the consent decree’s 2007 deadlines in light of the findings that the closure of Ordot Dump is necessary to eliminate its serious health and environment hazard.
Federal authorities branded the long list of reasons cited by GovGuam as a long litany or recitation, but do not warrant a revision of the consent decree.
“The court should deny GovGuam’s motion to modify the consent decree because it has failed to demonstrate that a significant change in circumstances warrants relief. Moreover, the proposed modification would defy the purpose of the consent decree,” stated the opposition briefs signed by U.S. Attorney Leonardo Rapadas and Assistant U.S. Attorney Mikel Schwab.
Under the February 2004 consent decree, GovGuam is required to award a construction contract for the new landfill by April 21, 2006, while the completion for the closure of Ordot Dump should be by Oct. 23, 2007.
Department of Public Works director Larry Perez said the local government has completed the technical documentations for the new landfill but they need at least two more years to start utilizing the Layon landfill and commence the closure of Ordot Dump.
“Technical documentations are a hundred percent complete but the actual construction of the facility is zero because it takes a while before you can see the actuality of the landfill,” Perez earlier told Variety.
GovGuam cited several reasons in asking for an extension—from lack of funding to future increase of military personnel and changes in laws that limit GovGuam’s financing options.
GovGuam also cited the political opposition, the inclusion of the Public Utilities Commission as a regulator, and additional engineering studies that require more time.
Federal agencies said each of the claims is without merit.
GovGuam lawyers are expected to respond to the federal agencies’ opposition.
The district court set a March 8 hearing for the motion.