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For more information, contact:
David L. Manning, Special Principal Associate
Gershman, Brickner & Bratton, Inc.
Federal Receiver


Federal Receiver Obtains Permits for Solid Waste Facility and Air Pollution Control for Layon Landfill

Permits from Guam Environmental Protection Agency Enable Landfill Construction to Move Forward

(Guam, November 24, 2009) – Federal Receiver Gershman, Brickner & Bratton, Inc., (GBB) today announced that the Guam Environmental Protection Agency (GEPA) has issued the Solid Waste Facility Permit for the Layon Municipal Solid Waste Landfill.  The Notice of Decision to issue the permit was completed November 23, 2009, and allows for all activities related to the construction of the Landfill to move forward in compliance with the Consent Decree.  In addition, the GEPA issued the Air Pollution Control Permit at the same time. The issuance of these permits is a major milestone in the 23-year-long process of closing the Ordot Dump and building an environmentally compliant waste disposal facility for the island’s municipal solid waste. The Receiver will file a report with the Court later today, formally notifying the Court of this important milestone.

"The design of the new landfill and the plans for operating it underwent a rigorous review by the Guam Environmental Protection Agency and the United States Environmental Protection Agency, passing all of the requirements to assure that Guam’s environment is protected,” said Receiver Representative David L. Manning. "This is the last major step in the approval process for the Layon Landfill and clears the way for a final closure of the Ordot Dump and an end to the environmental damage it has inflicted on Guam for many years.”

The Ordot Dump has had a long history of operational and environmental problems. In 1986 the U.S. Environmental Protection Agency (U.S. EPA) issued an administrative order under the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387, to the Department of Public Works (DPW), Guam. The order directed DPW to cease discharges of leachate from the Ordot Dump by May 1, 1987, but DPW failed to comply with this order.

After years of inaction and noncompliance with the administrative orders, the United States initiated a lawsuit on August 7, 2002, when it filed a complaint asserting claims under the CWA with the intention to force the closure of the Ordot Dump and initiate the opening of a new Municipal Solid Waste Landfill (MSWLF) that complies with all federal and local environmental laws and regulations. This lawsuit asked the Court to issue an order requiring the Government of Guam’s DPW to take any measure needed to eliminate the un-permitted discharges.

In December 2003, the Consent Decree was submitted to the District Court of Guam. Following the publication in the Federal Register and period for public comment, the District Court approved the Consent Decree on February 11, 2004. This Consent Decree established schedules for the closure of the Ordot Dump, the site selection for the new MSWLF, the construction of a new MSWLF, and commencement of operations of the new MSWLF. The Consent Decree required the Government of Guam's DPW to meet these schedules, but DPW failed to meet the requirements of the Consent Decree.

In a Court Order dated March 17, 2008, U.S. District Court Chief Judge Frances M. Tydingco-Gatewood appointed GBB to be Receiver with full responsibility for bringing the Guam Solid Waste Management Division into compliance with the 2004 Consent Decree. As Receiver, GBB’s objective is to work with Guam’s government, the Solid Waste Management Division, solid waste companies, the people of Guam, and the U.S. military to establish a long-term, financially viable and sustainable waste management system for Guam.

The Receiver continues to implement the project tasks necessary to meet the goals of the Consent Decree.  Construction contracts have been awarded to Core Tech International for the Access Road and Utilities, and to Black Construction Corporation for the Landfill Entrance Facilities and Landfill systems for Cells 1 & 2.  Construction is anticipated to commence soon and take about 500 days.  Preconstruction earthwork has already been underway since February 2009 under a contract awarded to Maeda Pacific Corporation and is nearing completion.  There are 611 days of airspace remaining at the Ordot Dump providing a tight, but sufficient window, to complete this vital project.

About Gershman, Brickner & Bratton, Inc., Receiver
GBB is a national solid waste management consulting firm, headquartered in the Washington, D.C. area, that works on solid waste collection, processing, recycling and disposal issues, and assists in planning, procuring, and implementing sound, cost-effective facilities and services at the local, state, and national levels for both the public and private sectors. Since 1980, GBB has planned and developed a wide range of integrated waste management programs that use the latest technologies to improve efficiency, save money, enhance customer service, and protect the environment. For more information on the firm and its products and services, visit www.gbbinc.com or call 1-703-573-5800.


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