By Gina Tabonares
Variety News Staff

THE United States government expressed disappointment with the decision of Guam lawmakers to hold any funds for a new landfill, branding the move an additional hurdle in complying with the requirements of a consent decree to close the Ordot Dump and build a new landfill.
In its latest filing in the District Court, the federal government attacked the government of Guam’s failure to appropriate funds for the closure of the Ordot Dump in 2008, and renewed its request for the court’s intervention to compel progress on consent decree compliance.
The consent decree requires GovGuam to begin operating the new landfill by Sept. 23, 2007.
Gov. Felix P. Camacho asked for a $4 million appropriation from the general fund to the Department of Public Works for costs associated with GovGuam’s obligation, but the Guam Legislature did not appropriate money for such purpose. It instead passed a bill that does not permit GovGuam to spend funds on site-specific preparation or design work for the new landfill until the local government has acquired the site.
Assistant U.S. Attorney Mikel Schwab said GovGuam had set up large barriers to the construction of the new landfill.
“Instead of seeking to expedite GovGuam’s compliance, the Guam Legislature chose to place additional hurdles in DPW’s path,” Schwab stated.
Because of the appropriation bill’s prohibition and the continued unfunded projects for the consent decree, the United States doubted GovGuam’s ability to comply with the consent decree.
Without funds in fiscal year 2008, DPW cannot begin any of the preparatory tasks that are necessary to close the Ordot Dump and with the prohibition, the federal government said it is difficult to understand how DPW can pay for the hydrogeological study that is scheduled to be completed by December 2007.
“It appears that any further preparatory or design work for the new landfill would necessarily be halted by the lack of funds. Therefore, the Guam Legislature has apparently created yet another impediment to hinder GovGuam’s compliance with the consent decree,” the U.S. government said.
The federal government asked the court not to tolerate GovGuam’s inaction and reasoning about the delays in acquiring the Layon site.
According to the U.S. Environmental Protection Agency, GovGuam’s acquisition of the land for the Layon landfill could start immediately and should be regarded as an independent activity that is not tied to the completion of the hydrogeological study.
DPW director Larry Perez told the court that the hydroleogical study is intended to ensure that a new landfill will not contaminate water sources in the area. He claimed that moving forward with condemnation of the property would be premature because the results of the study may affect the landfill’s footprint.
“This explanation is implausible. The design of the landfill which is typical for this kind of landfill includes a buffer zone of land around the landfill’s actual footprint. The buffer zone would provide GovGuam the flexibility to adjust the landfill’s footprint,” the U.S. government said.
The federal government also insisted that the new solid waste public corporation should be under Consolidated Commission on Utilities oversight based on CCU’s experience and track record.
Citing the magistrate judge’s recommendation and the suggestion of the Office of the Public Auditor, the United States government said an autonomous elected body like CCU would be in a better position to apply its independent judgment on issues affecting solid waste disposal operations on Guam and to reach decisions about policies, rates, tipping fees and personnel needs that are operationally driven rather than politically driven.