District Court of Guam
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Latest Updates

What Has Been Done So Far?

Milestones in reverse chronological order:

August 11 , 2010:
The Receiver submitted its ninth Quarterly Report to the U.S. District Court of Guam that included updates on:

July 30, 2010:
During the last quarter, the SWMD fully implemented the registration process and delivery of trash carts for weekly curbside trash collection as well as the new customer billing system. As of July 30, 2010, the SWMD had 19,416 customers, a 60 percent increase over the 12,080 registered customers the SWMD had when the Receiver was appointed. Customers continued to register for the service on an ongoing basis as the SWMD’s reputation for efficient operations continued to grow.

June 30, 2010
Through June 30, 2010, expenditures for the SWMD remained well under the approved budget for the period. Total expenditures for the first nine months of Fiscal Year 2010 were 55 percent under budget.

June 22, 2010
The rollout of the new cart-based residential trash collection system was successfully completed. The response from residential customers to the new trash cart system has been very positive since the rollout started in late November 2009:  The initial supply of 7,000 carts was exhausted before a second shipment arrived. Demand for the new cart was so strong that a third shipment was required in order to complete the delivery of carts to new customers. Overall, carts were delivered to 19,090 customers, an increase of 6,501 representing a 52 percent in total residential customers.

Each of the customers received a 95‐gallon trash cart with an RFID tag that enables the SWMD to better track the use of the cart. The covered carts have reduced the amount of rain water in the trash, thereby diminishing odors both at the collection and disposal points. The carts also enabled a uniform collection system that keeps trash off the ground and eliminated the assortment of old trash containers that once littered the roadways of Guam.

May 5, 2010
Successfully added the option for customers to pay SWMD bill using GuamPay, the official online payment system of the Government of Guam. This payment option is being used by an increasing number of customers.

April 8 , 2010:
The Receiver submitted its eighth Quarterly Report to the U.S. District Court of Guam that included updates on:

March 31, 2010:
The SWMD significantly increased its customer base during the quarter. During the registration period for the new cart‐based collection system, both new and previous customers were required to register. As of March 31, 2010, a total of 17,309 customers were registered, a 37 percent increase over the number of registered customers (12,589) before the registration period began.

First half of February 2010:
The SWMD initially ordered 7,000 95‐gallon trash carts. Based on the results of the registration process, on December 3, 2009, the SWMD placed a second order for 9,000 additional carts. These carts arrived on island the first half of February 2010 and were immediately delivered. A third order for 3,000 additional carts was expected to arrive by the end of April for immediate delivery to customers.

January 14, 2010:
The Receiver submitted its seventh Quarterly Report to the U.S. District Court of Guam that included updates on:

January 1, 2010
The second phase of the interim commercial tipping fee rates was implemented with a new fee of $128/ton.

December 31, 2009

Building and Environmental Permits for Construction:
During the last quarter of 2009, the Receiver received building permits for both major construction packages:

1) Landfill Entrance Facilities & Cells 1 and 2; and

2) Access Road & Utilities.

TG Engineers, PC, managed the permit applications for both packages through the Department of Public Works building permit system. The conditions of these permits during the construction activities include an archaeological survey and construction monitoring, environmental protection plan implementation, erosion and sediment control, stormwater management and monitoring, and air pollution control.

Earthworks:
As of December 31, the contactor had excavated approximately 798,500 cubic yards or 92 percent of the total material to be removed. In addition, approximately 171,979 cubic yards or 78 percent of the total fill material had been placed. The total composite construction project, including other project components such as the drainage structures and roadways, is now approximately 89 percent complete.

December 29, 2009
The contract for Landfill Entrance Facilities and Cells 1 and 2 was executed with the contractor, Black Construction Corporation. The Receiver issued the Notice to Proceed on December 29, 2009, and the contract period is 500 days from this date to complete all work and be operational.

December 11, 2009
The contract for access roads and utilities was executed with the contractor, Core Tech International. The Receiver issued the Notice to Proceed on December 11, 2009, and the contract period is 500 days from this date to complete all work and be operational.

Stacked CartsDecember 3, 2009
The SWMD initially ordered 7,000 95-gallon trash carts. Based on the results of the registration process, on December 3, 2009, the SWMD placed a second order for 9,000 additional carts.

November 23, 2009
The SWMD began its full registration drive with the Village of Yona on November 23, 2009. The registration process is expected to be completed by the end of January 2010. As in the pilot registration villages, the customers who register at these events comprise about half of the customers from the village who eventually sign up for the SWMD cart-based trash collection service.

November 23, 2009
Guam Environmental Protection Agency (GEPA) 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, 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 struggle to close the Ordot Dump and build an environmentally compliant waste disposal facility for the island’s municipal solid waste.

October 21, 2009:
The Receiver submitted its sixth Quarterly Report to the U.S. District Court of Guam that included updates on:

September 28, 2009:
The SWMD initiated a pilot test of the customer service system, registration process, and cart delivery in 4 villages, starting with the Village of Umatac. . The purpose of the pilot program was to address any problems that might occur before proceeding with the full registration drive. When one compares the total number of new customers in the pilot villages with the number of customers the SWMD had under the old system for those villages, there is a 53 percent increase in customers under the new system.

September 30, 2009:
During the quarter ending September 30, 2009, progress in the construction of the landfill operations road and earthwork was significantly slowed due to wet weather conditions. As of September 30, the contractor was eight days beyond the 210‐day contract period. This is measured by the amount of material that has been excavated and the quantity of material placed in fills. As of September 30, the contactor had excavated approximately 632,200 cubic yards or 73 percent of the total material to be removed. In addition, approximately 104,000 cubic yards or 47 percent of the total fill material had been placed. The total composite construction project, including other project components such as the drainage structures and roadways, was approximately 60 percent complete. Based primarily on delays due to adverse weather conditions, a revised completion date of November 25, 2009 can be justified under the contract. The contractor, however, believes that it may be as late as early February in 2010 when their work is completed.

September 28, 2009:
The Receiver announced an intent to award a contract to Guam-based Core Tech International for Layon Landfill access road construction, upgrades to area roads and utility improvements. The contract, in the amount of $26.8 million, provides for the following work:  2.0 miles of a new two-lane undivided, secondary roadway with 12-foot wide driving lanes; 1.3 miles of improvements to Dandan Road for safety and load capacity; 6.4 miles of sewer lines with two pump stations; power, water, and cable utility improvements along Dandan Road and the new access road; and turning lane improvements along Route 4 at the intersection with Dandan Road.

September 14, 2009:
The Department of Public Work’s initial landfill design failed to plan for the management of leachate disposal. Recognizing this deficiency, the Receiver initiated a leachate treatment feasibility study, which involved numerous agencies and coordination with the Guam Waterworks Authority (GWA), GEPA and EPA. The study was conducted by Brown and Caldwell, one of the leading environmental engineering and consulting firms in the United States.

Brown and Caldwell completed the leachate treatment feasibility study and issued a report on September 14, 2009. There are two major treatment options: Separate treatment of leachate and disposal of treated effluent at GWA’s Inarajan Wastewater Treatment Plant (WWTP); and discharge of the leachate to the Inarajan WWTP collection system for full treatment at the WWTP. Regardless of the treatment option, disposal will occur at the Inarajan WWTP.

August 6, 2009:
This Final Design permit package was completed on August 5, 2009, and is the primary supporting document of the Solid Waste Facility Permit package, providing all the systems for Cells 1 and 2 at the facility. On August 6, 2009, the Guam Environmental Protection Agency (GEPA) and U.S. EPA’s (EPA) deemed this design package to be technically adequate because it addressed the issues and concerns cited in the March 19, 2009 GEPA comment letter and subsequent GEPA comments.

July 27, 2009:
The Court, in its Order of July 15, 2009, directed that the Government of Guam “use its best efforts to execute the Letter of Intent with the military by close of business on July 17, 2009.” Governor Camacho and Attorney General Limtiaco met with the Receiver on July 17, 2009, and executed the Letter of Intent. Given the transition in Navy leadership that occurred during that week, it was July 27, 2009, when the Navy completed execution of the document. As a potential customer of the new system, the Military’s participation to the long‐term stability of the System’s rates is significant.

July 15, 2009:
The Receiver submitted its fifth Quarterly Report to the U.S. District Court of Guam that included updates on:

Following the status hearing, U.S. District Court Judge Frances M. Tydingco-Gatewood and other officials visited the construction site of the Layon landfill to review the progress made so far.

July 5, 2009:
TruckOn April 6, 2009, GSA released the procurement for the purchase of 3 replacement trucks for the SWMD’s special collections routes.  Bids were opened on April 17 and one (1) truck was received on July 5 from Far East Equipment Company.  The truck will be tested on the routes to assure that it meets the SWMD’s needs before ordering the remaining two (2) vehicles.

July 1, 2009:
Implementation of the new commercial tipping fee began (from 72.60/ton to $100/ton).

June 30, 2009:
The number of registered customers continues to grow and is now at 12,379, from 12,243 on March 16, 2009, and 12,080 on January 14, 2009.

June 30, 2009:
ConstructionSignificant progress in the construction of the landfill operations road and earthwork activities was achieved as of June 30, 2009:  the contractor was 125 days into the 210-day contract period; (59% of the contract time has been expended).  Progress at the site is measured primarily by the amount of material that has been excavated and the quantity of material placed in fills. 

ConstructionAs of June 30, the contactor had excavated approximately 500,000 cubic yards or 57 percent of the total material to be removed.  In addition, approximately 100,000 cubic yards or 45% of the total fill material had been placed.  The total composite construction project, including other project components such as the drainage structures and roadways, was approximately 48% complete.

June 29 , 2009:
CartsThe first installment of  the 7,000 trash carts ordered by the Receiver is delivered as two overseas container loads with approximately 700 carts arrived on the island. 

May 22, 2009:
TG Engineers, PC, the design consultant chosen by the Government of Guam, incorporated into the Draft Final Design permit package the 90% Design Submittal comments from GEPA and EPA, resulting in the re-submittal to GEPA of the Draft Final Design Submittal on May 22. This is the primary supporting document of the solid waste facility permit package, providing all the systems for the waste management units, Cells 1 and 2, at the facility. 

May 18, 2009:
ScaleWeighing operations commenced at the entrance of the Ordot Dump, following installation of scales to weigh trash. For the first time, it is possible to gather accurate data on the actual volume of waste disposed by paying customers. 

May 17, 2009:
The Ordot Dump is now closed on Sundays thereby allowing a more efficient use of employees.

May 6 , 2009:
Announcement of the award of a contract to Far East Equipment Company for the delivery of wheeled and covered trash carts with riveted radio-frequency identification (RFID) tags attached for each of its residential customers, and 15 cart lifters to attach to existing trucks. The new carts, scheduled for delivery in the summer and fall, will be integrated with customer service software acquired through a procurement process. The new system will allow the Solid Waste Management Division (SWMD) trucks' Global Positioning Systems, the carts’ RFID tags, and the billing and customer service software to communicate and track services.

April 17, 2009:
Federal judge Judge Frances Tydingco-Gatewood and local officials visited the Ordot dump. Noticeable improvements from their last visit, a year prior, included:

“Chief Judge Frances Tydingco Gatewood Pleased With Ordot Dump Progress.” - Video report from Pacific News Center:

April 16, 2009:
The Receiver submitted its fourth Quarterly Report to the U.S. District Court of Guam that included updates on:

April 11, 2009:
A new scale was installed and properly calibrated at the Ordot Dump allowing the waste coming to the Dump to be accurately measured on a consistent basis for the first time in many years.The lack of an accurate scale system to measure the waste had been a continuing concern.

April 5, 2009:
The transfer stations at Agat, Dededo and Malojloj added Sunday and Monday hours.  With this new schedule, the three transfer stations are open Thursday – Monday, 9 am to 5 pm, and closed on Tuesday and Wednesday. The new schedule is expected to make disposal easier and more convenient for the majority of customers and, hopefully, diminish illegal dumping.

March 20, 2009:
The Guam Environmental Protection Agency (GEPA) issued its final approval of the Integrated Hydrogeologic Assessment for the Layon Municipal Sanitary Landfill Site. The document clearly indicated that the Layon Landfill is not a drinking water resource for Guam. The Integrated Hydrogeologic Assessment provides guidance for the designers of the new landfill to ensure that the water in the vicinity is protected in accordance with all applicable environmental standards. The Assessment is a living document for the site in that its groundwater model will be continually updated and refined as operational groundwater monitoring data are gathered in accordance with GEPA regulations and permit conditions. The document also serves as the basis for all future hydrogeologic evaluations that will be performed at the site for construction of new cells.

March 18 , 2009:
An Invitation for Bids (IFB) is issued to procure carts with riveted RFID tags attached, cart lifters to attach to existing trucks, and have these items delivered to a staging area on the Island of Guam.

March 1-6, 2009:
Community MeetingsThree community meetings/small group discussions were held with Guam residents in the south, central and northern village districts. The meetings were intentionally small, ranging in size from six to 11 participants, in order to provide opportunities for candid, in‐depth discussion of solid waste issues and the trash cart rollout plans. A total of 27 residents participated, representing villages of Umatac, Agat, Merizo, Tamuning‐Tumon‐Harmon, Chalan, Pago‐Ordot, Mangilao, Barrigada, Piti Nimitz Hill, and Hagatna Heights. A series of stakeholder discussions was also held to obtain input from a select number of Mayors, environmentalists, school officials, business representatives and media regarding the Receiver’s plans for implementing a new, cart‐based collection system for customers of the SWMD

>> View full report of the small group discussions

February 25, 2009:
Guam-based Maeda Pacific Corporation formally began construction of the Landfill Operations Road and Mass Grading for Cells 1 and 2. The project consists of approximately 5,200 linear feet of roadway construction, approximately 22 acres of excavation and embankment for landfill cells, and a stormwater management pond. The estimated excavation and embankment work totals 1 million cubic yards. The work extends from the proposed Landfill administrative area to the Landfill Cells at the southern end of the site. The work includes mass excavation and embankment for the roadway, stormwater management pond and Landfill Cells 1 and 2 to subgrade elevations, placing subbase and base courses and asphalt-treated base surface course, installation of stormwater conveyance and drainage appurtenances, and other related work such as environmental controls and archaeological monitoring required as part of the permit conditions.

February 18, 2009:
A Receiver representative met with Guam’s Mayors at a Mayors’ Council meeting to present the plan for the trash cart rollout, outline plans for community meetings with residents to explore their opinions about solid waste issues, and ask for the Mayors’ support in selecting residents to participate in three small group discussions, which were held in early March.

February 5, 2009:
The Receiver submitted a Special Report with its comments on the Government of Guam's Response to the Receiver's Proposed Financing Plan. The Report concluded by reiterating that the Receiver continues to believe that certainty of capital funding is a fundamental and essential requirement of compliance with the Consent Decree. The Receiver stood by its recommendations to the Court for a cash payment plan, and added that it has always preferred and clearly stated its belief that a financing plan based on Section 30 backed revenue bonds is the best approach and the approach that is least disruptive to the Government of Guam and in the best interests of the people of Guam. The Receiver also stated its willingness to explore other alternatives with the Government of Guam as long as such alternatives do not detrimentally affect the construction schedule already adopted by the Court.

January 23, 2009:
The Judge issued a court order which (1) directed GBB to proceed with the implementation of a residential cart rollout and account management system, and (2) permitted GBB to establish appropriate interim tipping and collection fees. The cart rollout will take place between May and November 2009. Details on the cart rollout public education plan are available as part of the January 14, 2009 Quarterly Report.

January 14, 2009:
The Receiver submitted its third Quarterly Report to the U.S. District Court of Guam that included:

January 2, 2009:
The District Court of Guam approved GBB's request to have Citibank serve as trustee of the $20 million loan needed to start work on the Layon landfill site. The loan is being provided to the Government of Guam by the Bank of Guam and was signed by Governor Felix Camacho. As per the Judge, the funds are to be used by GBB in implementing projects and paying expenses as required under the Consent Decree for the benefit of the Government of Guam.

December 20, 2008:
The Receiver announced that until further notice, mixed paper would no longer be accepted in the recycling containers at the Dededo and Agat Transfer Stations and Ordot Dump. GBB’s decision to stop accepting mixed paper followed the announcement by Guam Transport and Warehouse, the only outlet for mixed paper in Guam, that it will discontinue pick-up of such recyclable material given its inability to find markets due to the global recession.

December 10, 2008:
The Judge held a special court hearing to get an update on the government of Guam's efforts to finance the closure of the Ordot dump and the construction of a new landfill. Stressing that time is of the essence, the Judge subsequently ordered GovGuam agencies to expedite the permit process to move the government forward in complying with previously approved amended timelines, saying any further delays will not be tolerated.

December 5, 2008
GBB solicited bids for construction of the Landfill Operations Road and Mass Grading for Cells 1 and 2. Three bids were received on January 22, 2009, from Guam-based companies: Maeda Pacific Corporation, Core-Tech International, and Black Construction Corporation. On January 30, 2009, after careful review, the Receiver awarded a contract in the amount of $8,360,000 to Maeda Pacific Corporation.

October 22, 2008:
The Receiver submitted its second Quarterly Report to the U.S. District Court of Guam that included:

July 10, 2008:
The Receiver submitted its first Quarterly Report to the U.S. District Court of Guam that included:


Guam Visit

June 27, 2008:
The Receiver announced that in order to extend the capacity at the Ordot Dump, increase recycling and comply with Guam EPA Permit No. 05-060LFL, effective July 17, 2008, certain materials are banned from disposal at the Ordot Dump and the three transfer facilities operated by the Solid Waste Management Division (SWMD) at Agat, Dededo and Malojloj.
More information about the ban, enforcement policy, and recycling facilities accepting the banned materials is available in the Solid Waste Management Division News section.

June 23, 2008:
A Request for Expressions of Interest (RFEI) for Financing, Construction, and Operation of the Layon Landfill, Inarajan, Guam was issued by the Receiver. The information gathered through the RFEI assisted GBB in understanding the organizations that have interest in the project and how they may be able to finance, construct, and operate the Layon Landfill in the mutual interests of the citizens of Guam and their organization.

Guam Visit
On-the-ground review of the
Solid Waste Management Division,
Ordot Dump, and Layon new landfill site.

April 2008:
After a comprehensive review of Court records and Department of Public Works documents, the Receiver team began on-the-ground operations in Guam in April 2008, which will continue without interruption until full compliance with the Consent Decree is achieved.

While in Guam, the Receiver team conferred extensively with the Court, Guam’s government officials and other key groups. The team also held a media briefing on April 25, during which they outlined the Receiver’s objectives and provided an overview of solid waste management best practices.


>> What Has Been Done So Far?
>> Major Achievements
>> Next Steps

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