The U.S. Environment Protection Agency stated that CUC has been discharging treated and untreated wastewater from the Agingan and Sadog Tasi plants without permits after their permits expired, and its failure to operate the plants properly has resulted in sewer overflows in violation of the Clean Water Act.
CUC was also found to have violated three separate EPA administrative orders governing the operation of the plants.
The EPA said CUC has a long history of violating drinking water regulations in the water systems of Saipan, Rota and Tinian. This includes exceeding safe levels for total coliform bacteria, whose presence in water poses as health risks especially for infants, young children and people with weak immune systems.
According to the EPA, there have been violations of monitoring and reporting requirements to the CNMI Division of Environmental Quality.
CUC also failed to take required water samples for nitrates, to complete monitoring for lead and copper, and to provide the public with adequate notice regarding these violations, the EPA said.
Yesterday, the U.S. Department of Justice filed in federal court a 34-page lawsuit and stipulated two orders against CUC and the CNMI for violations from 2000 to 20008.
DOJ and the EPA filed a complaint for 25 causes of relief for various violations.
In a teleconference with the EPA officials in California yesterday, the U.S. Attorney’s Office said it has exhausted all means to have the violations complied with for the past years.
Assistant U.S. Attorney Mikel W. Schwab said they are not filing the lawsuit to collect fines but to see to it that CUC complies with the regulations and ensure the safety of CNMI residents.
Schwab said the first of the two orders require CUC to comply with its water discharge permits for the Agingan and Sadog Tasi wastewater plants and to implement changes to prevent sewer overflows.
“The first order also requires CUC to achieve compliance in its drinking water systems as this is a present current health risk to the public,” he said.
The second order requires CUC to prevent oil spills at its power plants and pipeline, to comply with oil spill regulations as well as prepare to respond to oil spills and clean up past and future oil spills.
Schwab said CUC will have to finance the compliance of its violations.
U.S. Attorney Leonardo M. Rapadas, in the same teleconference, said CUC’s failure to meet the requirements could subject the agency to stipulated penalties.
“The intent of today’s action is to set a distinct pathway to bring CUC’s wastewater plants and collections systems, public drinking water systems and oil spill prevention into full compliance,” Rapadas said. The orders, he added, will take effect when signed by the federal judge following a 30-day period for public comments.
