THE permit application put forward by Guam Resource Recovery Partners (GRRP) for the Guatali Municipal Solid Waste Landfill project in the Atatano area in Santa Rita was denied by the Guam Environmental Protection Agency after failing to meet requirements set by Guam law and Guam Solid Waste Rules and Regulations.
As announced by GEPA yesterday, the decision was made after careful review of the permit application submitted by GRRP.
“We have determined the application does not meet the requirements, including the application’s financial assurance, post-closure care and management of leachate,” said Guam EPA Administrator Eric Palacios.
“Permit applications for landfill facilities are examined closely due to the impact they can have on our natural resources. We are required by law to make sure every application meets the required criteria,” he added.
The application’s financial assurance component was questioned based on several points. One of the points, according to a document obtained by the Variety, stated: “The [Guam Solid Waste Rules and Regulations] Sections 23702, 23703, and 23704 all require a detailed written estimate, in current dollars, of hiring a third party. ... GRRP’s written detailed estimate is in 2007 dollars.”
In addition, the document also stated that “as of May 18, 2012, representatives of the CLTC (Chamorro Land Trust Commission) have advised Guam EPA that the requisite insurance required in the license is not up to date. The latest insurance for the proposed Guatali [project] expired in 2009.”
In terms of the management of leachate, GEPA specified in the document that “it is not convinced that the system proposed by GRRP will be sufficient to ensure that leachate will not overflow out of the landfill cell or leachate retention basin.”
Furthermore, the proposal was to open the landfill on Chamorro Land Trust Act land. According to the document, sections of the CLTA provide that “no lease shall be made for a term to exceed 25 years.” Therefore, the document stated, “it is impossible for GRRP to fulfill the legally required post-closure requirements of 30 years.”
Public comments
Prior to the decision, GRRP has been trying for years to proceed with a contract to build the landfill in Santa Rita. The group’s effort was obstructed by several court appearances, including a ruling in 2011 requiring further review of a draft operations permit issued to the company.
The Supreme Court also deemed that GRRP’s contract with the government was illegal.
Yesterday, GEPA also released its response to the oral and written comments submitted by the public on the proposed landfill project. Almost 400 comments and questions were submitted and addressed by the agency.
Last year, in compliance with the Guam Solid Waste Disposal Rules and Regulations, GEPA sought public comments on the Guatali project.
The comment period started on Oct. 5, 2011 and was extended in response to a request for an extension submitted to the agency. Prior to this, a public hearing was also held in Santa Rita where many residents expressed their opposition to the proposed landfill project.
The public can obtain a copy of the final response to comments by emailing TammyJoAnderson.Taft[at]epa.guam.gov. GEPA will also be distributing the collated responses to those who submitted comments and to the Santa Rita Mayor’s Office.
