DESIGNATED federal Judge David O. Carter wants the U.S. Environmental Protection Agency, and the Commonwealth Utilities Corp. to provide the court with information regarding the public utilities’ expected accomplishments by October 2021 and February 2022.
David O. Carter
During a status conference on Monday, Daryl Greenway of Gilbane Federal updated the court regarding incinerators, eliminators, tank farm improvements, and facility drainage.
Gilbane Federal was appointed by the federal court to be the Engineering and Environmental Management Company or EEMC for CUC projects.
Also on Monday, John Tinger, EPA engineer, updated the court regarding drinking water and wastewater issues.
For his part, CUC deputy executive director William Gilmore updated the court about CUC’s systems, wells, GAC filtration system, PFOS/PFOA concentration, water service, non-revenue water summary, non-revenue water reduction recommendations, automated meter reading, an example of SAR mapping, and a meter test bench.
Judge Carter told Gilmore that he will review the details regarding the status of water meters.
The court recessed at 3:25 p.m. and when it reconvened at 3:35 p.m., Gilmore made a presentation on wastewater issues that included aeration, clarifier, and treatment plants.
The last time Judge Carter was on island was in February 2020. He is a judge of the U.S. District Court for the Central District of California.
The status conference, which started on Monday, will end today, July 23.
Vacant positions
In his status report filed on July 16, Bradley O’Brien of the U.S. Department of Justice said CUC “historically sustains lengthy vacancies in management positions, thereby impeding CUC’s operations and compliance with the stipulated orders.”
The chief engineer’s position, a critical position for the utilities, has been vacant since Nov. 2, 2018, O’Brien said.
The wastewater treatment plant supervisor’s position has been vacant since Jan. 13, 2019 while the technical manager for oil position is also vacant, O’Brien said.
“The deputy executive director announced his retirement for September 2021 and CUC is interviewing candidates in anticipation of filling the position. It continues to be critical that CUC retain persons who meet [the stipulated order] qualifications and fill any vacancies in a timely manner,” O’Brien added.
In November 2008, after the U.S. Environmental Protection Agency cited CUC for violating the Clean Water Act and the Safe Drinking Water Act, the federal court issued Stipulated Orders 1 and 2.
SO1 focuses on drinking water issues while SO2 focuses on oil issues, such as requiring CUC to repair and replace oil storage and operation infrastructure, manage tank and pipeline facilities, and require spill and emergency response equipment and protocols.


