Abe Utu Malae, executive director of CUC, made the statement to Michelle Rogow, on-scene coordinator of EPA, who cited reports pointing to the extensive presence of diesel and heavy oils at the site, which is near the shorelines.
“CUC would very much like to undertake a cleanup at Power Plants 1 and 2. At this time, however, CUC lacks the financial ability to move forward immediately,” wrote Malae to Rogow, a copy of which was submitted as attachment to documents related to the two stipulated orders filed by EPA and U.S. Department of Justice in federal court.
“In addition, while the CNMI Public Utilities Commission has generally approved stipulated order projects, it has reserved its right to set a price ceiling, and therefore, CUC cannot make any financial commitment of over $350,000 in the absence of grant funding without the commission’s approval,” Malae added.
A status conference between CUC and EPA was set for April 19.
Designated Judge David O. Carter will preside.
On March 10, Rogow wrote to Malae to inform him that prompt and proper action were needed to clean up the oil contaminant at the plants that were noted on CUC’s report to EPA by consultant EA Engineering, Science and Technology Inc. dated Feb. 25.
Rogow told Malae he must respond to her notice within seven days to confirm CUC’s intent to perform the most appropriate remedial alternative identified in the report.
“If you are willing to undertake a cleanup, your actions may be monitored by EPA pursuant to Stipulated Oder Number Two. If you cannot immediately conduct a proper removal action, the EPA will take the necessary action. If EPA does not receive a response within seven days, EPA will assume that you have declined involvement in performing the response action,” she wrote to Malae.
Specifically, EPA is asking CUC to contain the oil and protect the waters and shorelines surrounding the plants; identify the source of the oil leakage and control it; remove oil from waters/shorelines; and conduct resources damage assessment, among other mitigative measures.
CUC was told it cannot apply dispersants, surface collecting agents, biological additives or miscellaneous oil spill control products unless it is authorized by the federal on-scene coordinator, which in the CNMI’s case is Rogow.
