DESIGNATED federal Judge David O. Carter has approved the U.S. Environmental Protection Agency and the Commonwealth Utilities Corp.’s joint stipulation for a partial termination and modification of Stipulated Order 2.
In his issued order Friday, the judge terminated some provisions of SO2 and other orders that are complete while reserving and continuing the federal court’s jurisdiction regarding SO2 orders that are ongoing or not complete. His order also modified SO2 in several non-material respects to facilitate CUC’s compliance with its remaining requirements.
These requirements include, among others, hiring a qualified technical manager for oil; ensuring that oil from any of CUC’s power plant facilities and pipelines does not enter navigable waters while taking all necessary steps to remove such discharges and threats of discharges of oil; securing all sources of oil discharges and taking appropriate measures to prevent further discharges, including providing primary and secondary containment for tanks, pipelines, drums and containers of questionable integrity in compliance with Spill Prevention Control and Countermeasure regulations; complying with the reporting requirements under Section 311(b)(5) of the Clean Water Act and Section 304 of the Emergency Planning and Community Right-To-Know Act of 1986.
Judge Carter likewise approved the termination of the Engineering and Environmental Management Company or EEMC appointment order and other orders related to EEMC work.
The joint stipulation by EPA and CUC was submitted on Jan. 31, 2022 and was signed by U.S. Department of Justice attorney Elizabeth L. Loeb, CNMI Attorney General Edward Manibusan and Assistant Attorney General Hunter Hunt, CUC’s legal counsel.
In Nov. 2008, after the 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 pertains to 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.
As scheduled, Judge Carter held a status conference on Feb. 11, 2022 with CUC Executive Director Gary Camacho and AG Manibusan in attendance.
David O. Carter
