DOJ and EPA file complaint against CUC

The U.S. Department of Justice and the U.S. Environmental Protection Agency on Tuesday filed a civil suit against the Commonwealth Utilities Corp. to compel it to adhere to federal regulations governing water, sewer, power, and fuel.

The suit was accompanied by two stipulated orders, which means that the CNMI government agreed to the terms and conditions being required of it by the EPA. The stipulated orders need to be signed by the court.

The two stipulated orders, filed in the U.S. District Court for the NMI, seek to reform and bring into compliance CUC’s wastewater plants and collection systems; public drinking water systems; five power plants; and an oil transfer pipeline.

The Justice Department complaint against CUC claims that the corporation has committed violations against the Clean Water Act and Safe Drinking Water Act.

“EPA believes it is vital for CUC and CNMI to invest in infrastructure upgrades, to strengthen operation and maintenance, and to build a strong managerial and financial foundation to ensure all CNMI residents and visitors have water safe for drinking and safe for swimming,” said Wayne Nastri, regional administrator for EPA’s Pacific Southwest region, in a statement. “ EPA will continue to oversee CUC’s implementation of these required improvements to bring long-needed environmental and public health gains to the islands.”

Gov. Benigno Fitial and CUC executive director Antonio Muña signed off on the stipulated orders in July. The stipulations require CUC to reorganize its managerial and operational staff; hire engineers and other environmental professionals; submit financial plans; and undertake a number of interim construction projects.

“In the past people wanted to hide from bad news,” Fitial said in August. “We decided to fix the problem instead.”

According to the EPA, from 2000 to 2008, CUC has repeatedly discharged wastewater from the sewage treatment plants in violation of permit limits and failed to monitor the wastewater. Also, CUC reportedly discharged treated and untreated wastewater from the Agingan and Sadog Tasi plants after the required permits expired.

“Its failure to operate the plants properly has resulted in sewer overflows, in violation of the Clean Water Act, and CUC also violated three separate EPA Administrative Orders governing operation of the plants,” according to EPA.

CUC’s drinking water systems on Saipan, Tinian and Rota have a long history of violating drinking water regulations, the EPA notes. The violations include exceeding safe levels of total coliform bacteria and E. coli. The presence of coliform and E. coli indicates recent contamination by human or animal wastes, and can cause gastrointestinal illness.

The Commonwealth Utilities Corp. has also violated monitoring and reporting requirements for other drinking contaminants, according to EPA.

“Among CUC’s many violations are failure to report violations to the CNMI Division of Environmental Quality, the primary enforcement authority, and failing to take required water samples for nitrates. CUC also failed to complete monitoring for lead and copper, and did not provide the public with adequate notice regarding these violations,” according to the EPA.

CUC’s five power plants on Saipan and Rota, along with an oil transfer pipeline on Saipan, have released harmful qualities of oil into nearby waters and shorelines. CUC has also failed to prepare and implement oil spill prevention plans, the EPA said.

Under CUC’s current state of disaster emergency, Fitial directed CUC to procure the contractors needed to remove used oil from Tank 104 and 2,008 other nearby barrels, because a typhoon could cause the oil to pollute the lagoon.