David O. Carter
TO allow for notice and public comment, Designated Federal Judge David O. Carter has withheld the approval of the U.S. Environmental Protection Agency and Commonwealth Utilities Corporation’s joint stipulation regarding a material modification of Stipulation Order 1.
In November 2008, after EPA 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 CUC’s management structure, drinking water and wastewater issues while SO2 pertains to oil issues.
The joint stipulation by EPA and CUC filed on Jan. 9, 2025 noted that that in December 2023, EPA’s National Enforcement Investigations Center or NEIC conducted an inspection of CUC’s drinking water system including its operations and maintenance. The NEIC found multiple deficiencies in CUC’s drinking water system assets, operations, and maintenance.
Among other administrative items, the proposed modification of SO1 requires that CUC correct the deficiencies identified by the NEIC; design and implement programmatic measures designed to prevent the reoccurrence of the deficiencies; and provide sufficient funding to enable it to properly operate and maintain its drinking water and wastewater treatment systems in compliance with the Clean Water Act and Safe Drinking Water Act requirements.
According to the joint stipulation, SO1 originally required the construction of a new wastewater treatment plant in Kagman, but the court and parties have since determined that such a new plant is unnecessary.
The joint stipulation proposed to delete the phrases “planning and design of the proposed Village of Kagman wastewater treatment plant,” and “including activities related to the Kagman wastewater treatment plant” in the SO1.
Likewise, the joint stipulation proposed to delete the phrases “and construct a new sewage treatment plant and sewer system in the Tinian and Village of Kagman areas to protect drinking water and coastal water resources,” and “costs related to the financing or direct construction of the proposed wastewater treatment plant for the Village of Kagman,” in the SO1.
The proposed modification of SO1 is subject to public comment under 28 C.F.R. § 50.7.
“During the pendency of the 30-day public comment period no action is required of this Court. After the expiration of the public comment period and evaluation of the comments received, the United States will advise the Court as to whether the Modification of SO1 may be entered or whether further action may be required,” the joint stipulation stated.
It was signed by Elizabeth L. Loeb, senior attorney of the Environmental Enforcement Section of the U.S. Department of Justice; Alison Nelson, Civil Division chief of the CNMI Office of the Attorney General, representing the CNMI government; and Assistant Attorney General Tina V. Ngo, representing CUC.
On Jan. 16, 2025, Judge Carter declined to approve the joint stipulation to allow for notice and public comment.
