Deborah Fisher, general counsel for CUC, told U.S. District Court for the NMI Designated Judge David O. Carter, the corporation is not able to meet the April 15 deadline in submitting an interim Facility Response Plan or FRP to EPA.
“At present, CUC lacks funding to purchase the balance of the items which were in the original solicitation for spill response equipment. CUC plans to hold further discussions with EPA while they are on site regarding the changed circumstances at the power plant and how this might affect spill response planning,” Fisher wrote in her letter addressed to the judge and Bradley R. O’Brien, senior attorney of the U.S. Department of Justice Environmental Enforcement Section.
Fisher, however, stressed that while CUC remains struggling to meet specific requirements on the stipulated orders, it had successfully completed certain projects.
She cited the elimination of some 400,000 gallons of used oil stuck at its fuel storage near the ocean shores located at the main power plant on Saipan.
“CUC outlined its progress, including executing two contracts to meet emergency spills in addition to CUC’s existing agreement with Mobil for spill assistance,” Fisher wrote in the same letter.
“It also noted that it had eliminated previous threats which existed in the facility last year, such as the 400,000 gallons of used oil and sludge in Tank 104 and many hundreds of used oil drums which were previously located in Tank 104 berm and scattered around the facility,” she added.
However, on April 11, EPA complained anew to the federal court that CUC conducted activities that violated environmental laws.
EPA On Scene Coordinator Michelle Rogow said they have information that CUC burned oil soaked rags, used oil filters, electrical cables, oil contaminated wood and mixed industrial waste at Power Plants 1 and 2 on that date.
She asked CUC Executive Director Abe Utu Malae to stop the practice immediately.
Further, she asked Malae to provide a notice to EPA Region 9 about the open burning incident with specific details on the type of materials and quantities that were burned at the site.
