United States v. Government of the Virgin Islands

248 F. Supp. 2d 444, 2003 U.S. Dist. LEXIS 3636, 2003 WL 1089326

• Court: District Court, Virgin Islands
• Decided: March 7, 2003
• Docket: CIV.84-104
• Status: Published

Opinion

ORDER

Agreed Modifications for Exhibit A Repairs

MOORE, District Judge.

Pursuant to the Court’s direction at the end of the February 13, 2003 Status Conference in this matter, the Government of the Virgin Islands reached an agreement with the United States for new deadlines for wastewater repairs, including some additional repairs to the Exhibit A projects. These agreed modifications are incorporated into Exhibit A of the Court’s December 19, 2001 Order (as amended by the Court’s November 19, 2002 Order). Having considered the entire record in this matter, including the testimony and documentary evidence presented at the hearings on January 30, February 3 and 13, 2003, and based on the agreement of the parties, it is hereby,

ORDERED, ADJUDGED AND DECREED that:

The revised deadlines for the projects/repairs covered by the invalid and now-cancelled GRM Contract, as well as with respect to the other projects/repairs required by the Court’s December 19, 2001 Order (as amended by the Court’s November 19, 2002 Order) that, as discussed at the Status Hearing held on February 13, 2003, have not been completed in a timely manner set forth in the “Agreed Modifications for Exhibit A Repairs” and “Exhibit A Schedule for Repairs (As agreed to by parties on February 27, 2002)” are adopted by the Court as follows:

A. ST. CROIX

1. St Croix Wastewater Treatment Plant

a. Mechanical Seals will now be used at the Plant and these seals are to be installed by April 15, 2003.

b. A written Standard Operating Procedure, acceptable to EPA, will be submitted by March 30, 2003.

2. St Croix Sewer Collection System

(These Projects were formerly covered under the Global Resources Management Contract.)

a. Race Track Repair — May 30, 2003 to begin construction and August 31, 2003 to complete work.

b. Bethlehem Gut Repair — -May 30, 2003 to begin construction and August 31, 2003 to complete work.

c. Catherine’s Rest Repair — May 30, 2003 to begin construction and August 31, 2003 to complete work.

d. Adventure Gut Investigation and Repair — Complete investigation by March 31, 2003. If repairs are needed, begin construction by May 30, 2003' and complete construction by August 31, 2003.

3. Figtree Pump Station

a. Repairs to Pumps. The deadlines for repairs for all the pumps are extended to April 30, 2003.

b. Replace Motor Control Center for all Pumps, refurbish Starters and Controllers. The deadline is extended from February 3, 2003 to April 30, 2003.

c. Replace or repair air exhaust/inlet ventilation system in the wet-well. The deadline for this repair is extended from December 31, 2002 to April 30, 2003.

d. Replace Check Valves, flanges and spool pieces. The deadline for this repair is extended from February 3, 2003 to April 30, 2003.

e. Repair/reinforce all house pump anchor bases. The deadline for this repair is extended from February 3, 2003 to April 30, 2003.

4. Lagoon Street Pump Station

a. New Emergency Generator shall be installed by April 30, 2003.

b. Inspection of discharge pipe shall be completed by May 30, 2003 and all repairs completed by November 30, 2003.

5. LBJ Pump Station

a. New Emergency Generator. The Generator is on-island but further engineering is required before it can be installed. The Parties have agreed to extend this deadline to March 28, 2003.

b. Replace or repair any Pumps that are not operational so that all the house pumps are in full operational condition at all times. The parties have agreed to extend this deadline to April 30, 2003.

6. New 2003 St Croix Projects/Repairs

The parties have agreed to add some new projects/repairs with associated deadlines to Exhibit A. These projects and repairs are to be funded from the Wastewater Corrective Action Trust Fund bank account (created pursuant to Section A.3 of the Court’s December 19, 2001 Order). The Government shall reimburse the bank account for these projects/repairs by September 30, 2003.

a. Lagoon Street Pump Station — replace or repair any pumps that are not operational so that all three house pumps are in full operational condition — July 31, 2003.

b. St. Croix Pump Stations other than LBJ, Figtree, and Lagoon Street — replace or repair any pumps that are not operational so that all the house pumps are in full operational condition' — August 31, 2003.

c. St. Croix Pump Stations other than LBJ, Figtree and Lagoon Street — replace or repair any emergency generators that are not operational so that all emergency generators are in full operational condition — May 30, 2003.

d. Lagoon Street Pump Station and LBJ Pump Station — install “T” valves so that an emergency diesel pump can be used at these stations — July 31, 2003.

e. Acquire an additional diesel emergency pump for use on St. Croix- — • July 31, 2003.

f. Estate Diamond Sewer Repair— August 31, 2003.

7. Sanitary Sewer System Evaluation The Government is given until March 31, 2004 to complete this project.

B. ST. THOMAS

1.Airport Lagoon.

The Government is given until March 14, 2003 to have all repairs completed and the plant fully operational. The deadline for reinforcement of the Lagoon West Berm is extended to March 31, 2004. The VI Government has taken the position that this requirement should be deleted because it does not have control and jurisdiction over this area to effectuate the repair. The VI Government shall submit its justification to EPA and EPA shall determine whether it agrees that this requirement should be deleted.

2. Cancryn Pump Station

The deadline is extended for installation of the explosion-proof lights and other repairs is extended to March 30, 2003 with the exception of the repairs to the hoist which shall be completed by April 30, 2003.

3. Long Bay Pump Station

The parties have agreed to extend the deadline for these repairs from January 31, 2003 to March 30, 2003 with the exception of the installation of the hoist which shall be completed by April 30, 2003.

4. Airport Pump Station

The parties have agreed to extend the deadline for all repairs to March 30, 2003 with the exception of the hoist support frame and hoist which shall be completed by April 30, 2003.

5. Vessup Bay WWTP

The VI Government is given until March 30, 2003 to submit either a plan for replacement of the plant or an estimate from a qualified contractor for the repair (lining) of the tank walls. If the tank walls are to be repaired, the walls shall be repaired by August 31, 2003. If the entire plant is to be replaced, the VI Government is given until March 30, 2004 to have a replacement plant installed and in operation.

6. Brassview WWTP

The Parties have agreed to extend the deadline for these repairs to March 30, 2003.

C. ST.JOHN

1. Construction of Power Boyd Pump Station.

Plans and specifications shall be prepared by August 30, 2003 and construction of the station is to be completed by August 30, 2004. The Government has indicated that the construction of the plant may not be feasible until there is a sufficient level of rate payers to justify construction of the station. The Government shall submit a written justification to the EPA and the EPA shall review any such submission in order to determine whether it agrees with the Government’s position to delay the project. It is further

ORDERED AND DECREED, that the Revised Exhibit A, Schedule for Repairs (As agreed to by parties on February 27, 2003), is attached hereto and incorporated herein by reference

[[Image here]]

[[Image here]]

[[Image here]]

[[Image here]]

[[Image here]]

[[Image here]]