MGM threatens to sue DEQ • Garment firm says it’s should not be blamed for overflow

Micronesian Garment Manufacturers is demanding a retraction from the Division of Environmental Quality of its earlier press statement which said that DEQ had issued an administrative order to the company for repeated violations of environmental regulations.

A DEQ press statement last week said MGM, also known as Diorva Saipan Ltd., was responsible for a number of sewage over-flow problem within As Lito because of its faulty wastewater lift station.

“Diorva is a separate corporate entity that happens to use the same facility as MGM. They are not one company and any future references by your agency should note this,” said legal counsel David Wiseman in a letter to Ignacio Cabrera, DEQ director.

Wiseman warned Cabrera that Diorva will sue DEQ should it make the same mistake in the future.

Aside from questioning the motive of issuing the press statement, Wiseman said DEQ may be sued for civil liability if it failed later on to prove the accusations in the press release. “While DEQ might be immune from suit for the allegations contained in the A.O., be advised that statements contained in a press release are not privileged,” he said.

Complaints from the area residents about the overflow date as far back as 1997, according to a DEQ press release. But Wiseman insists that this statement is misleading because MGM has installed a second bar screen in the sewerline system and has constructed a grease trap to minimize grease and oils from entering the sewerline within the past two years.

Wiseman further claimed that the garment factory is not the sole reason for overflows of the sewerlift station as the company has allowed residents in the area to connect to the line.

“Prior overlfows have been traced to the actions of these families, and not MGM. Yet anytime the sewerline has problems, it is MGM which must cover all costs to immediately fix the problem even though others are connected to the sewerline,” said Wiseman.

Based on DEQ’s investigation, a wastewater overflow occurred at the company’s lift station due to a faulty pump last May. In July, DEQ inspected the lift station and found that the pump had not yet been repaired and that the company possessed no spare pump for emergency situations.

Aside from this, Diorva has been operating two unpermitted power generators for over a year. The generators are not housed in a noise reducing structure. (Lindablue F. Romero)