VIDEO: Feds Ask Court for Another Stipulated Order to Bring GWA Into Compliance With Clean Water Act

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Guam -U.S. Justice Department Attorney Robert Mullany has asked the Guam District Court to issue another stipulated order against the Guam Waterworks Authority. The proposed new Stipulated Order would set firm time-lines for GWA to come into compliance with the still outstanding violations of the Clean Water Act.

Mullaney is a U.S. Justice Department Attorney for Environmental Enforcement representing the U.S. EPA in its complaint against GWA. He filed the proposed new Stipulated Order last December.

The request for the stipulated order is made in the Federal Government’s latest status report filed with the District Court today [Wednesday].

Read the Proposed Stipulated order filed in December

Read the U.S. EPA’s Status Report filed today [Wednesday]        

Any decision on another stipulated order is not expected to be granted until the next quarterly status hearing on March 9.

In asking for another stipulated order, Mullaney writes:

* “GWA continues to violate both the [existing] Stipulated Order and federal law on an ongoing basis.”

* Neither EPA or GWA have been able to reach agreement on “high priority projects to GWA to address its continuing violations of effluent limits … or to address deficiencies in GWA’s drinking water system.”

* “GWA’s failure to timely implement and properly manage the Sinajana Water Transmission Line Project, the Water Reservoirs Condition Assessment, and the Ugum Surface Water Treatment Plant Project … illustrates deficiencies in [GWA’s] ability to oversee important capital improvement projects.”

* In order to require GWA to implement these projects in a timely manner, the United States respectfully requests the Court to approve and enter the proposed Order submitted by the United States to the Court on December 15, 2010.

In his Status Report, Mullaney also expresses serious concerns about GWA’s conditional approval of a building permit for the Younex project. He writes “Accordingly, to the extent feasible, we intend to monitor permitting decisions by DPW, GWA, and Guam EPA for both the Younex project and any other project described in a building application as involving drinking water or wastewater issues that could impact GWA’s water supply or wastewater treatment capacity.”