United States v. Government of Virgin Islands
Federal Court Proceeding Virgin Islands District Court, Case No. CIV.84-104

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248 F.Supp.2d 444 (2003)

UNITED STATES of America, Plaintiff,
v.
GOVERNMENT OF THE VIRGIN ISLANDS, Defendant.

No. CIV.84-104.

District Court, Virgin Islands, D. St. Thomas and St. John.

March 7, 2003.

David Nissman, Esq., United States Attorney, William Dillon, Esq., Special Assistant United States Attorney, David Lewis, Esq., Assistant United States Attorney, Donald G. Frankel, Esq., U.S. Department of Justice, for the plaintiff.

Iver A. Stridiron, Esq., Attorney General, Michael Law, Esq., Assistant Attorney General, Douglas Jurgens, Esq., Assistant Attorney General, for the defendant.

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 *445 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 Repairâ€"May 30, 2003 to begin construction and August 31, 2003 to complete work.
b. Bethlehem Gut Repairâ€"May 30, 2003 to begin construction and August 31, 2003 to complete work.
c. Catherine's Rest Repairâ€"May 30, 2003 to begin construction and August 31, 2003 to complete work.
d. Adventure Gut Investigation and Repairâ€"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 Stationâ€"replace or repair any pumps that are not operational so that all three *446 house pumps are in full operational conditionâ€"July 31, 2003.
b. St. Croix Pump Stations other than LBJ, Figtree, and Lagoon Streetâ€"replace or repair any pumps that are not operational so that all the house pumps are in full operational conditionâ€"August 31, 2003.
c. St. Croix Pump Stations other than LBJ, Figtree and Lagoon Streetâ€"replace or repair any emergency generators that are not operational so that all emergency generators are in full operational conditionâ€"May 30, 2003.
d. Lagoon Street Pump Station and LBJ Pump Stationâ€"install "T" valves so that an emergency diesel pump can be used at these stationsâ€"July 31, 2003.
e. Acquire an additional diesel emergency pump for use on St. Croixâ€" July 31, 2003.
f. Estate Diamond Sewer Repairâ€" 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 *447 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

Exhibit A Schedule for Repairs

(As agreed to by parties on February 27, 2003)
Projects/Repairs Current deadlines New completion
(as of Court's dates agreed to by
November 2002 the VI Govt and
Order) the EPA.
St. Croix
St. Croix contract operation until the November 30, 2002 WWTP Virgin Islands has achieved six (start date) March
consecutive months of compliance 29, 2003 completion
with all applicable effluent date for all three
limitations (see Amended islands
Decree Section V.3)
repair septage receiving station February 8, 2002 COMPLETED
or replace by positive displacement Completed
pump
replace/repair the mechanical August 28, 2002 COMPLETED
bar screens mechanism
repair grit collector mechanism; Manual operation Written SOP to be
install new sluice gates, new of mechanism with Submitted by March
railings, cross members, frame, vacuum truck is 30, 2003.
and grit scrapers allowed until plant
is upgraded or
replaced
repair or replace the sludge December 31, 2002 COMPLETED
removal mechanism (scraper
system) in the clarifiers, refurbish
the sludge drain pipes and
sludge waste pumps
repair overhead crane limit February 28, 2002 COMPLETED
switch
replace one variable speed November 15, 2002 COMPLETED
starter and two single speed
starters for influent pumps
repair mechanical seals for November 30, 2002 April 15, 2003 influent pumps (packing seals)
(packing seals) (mechanical seals)
repair collapsed land portion of October 31, 2002 COMPLETED
outfall
repair digester pumps April 30, 2002 COMPLETED
Completed
St. Croix repair Race Track open hole December 30, 2002 Begin construction Sewer with sewage flowing through by May 30, 2003. Collection it located adjacent to the east Complete repair by System Airport road and the Randal August 31, 2003.
"Doc" James Horse Race Track

*448
repair Bethlehem Gut sewer December 30, 2002 Begin construction
line discharging into the by May 30, 2003.
Bethlehem Gut, west of the Complete repair by
Territorial Court, at the bridge August 31, 2003.
which traverses the Bethlehem
Gut.
Investigate and repair December 30, 2002 Begin construction
Catherine's Rest collapsed line by May 30, 2003.
segment. Complete repair by
August 31, 2003.
Investigate Adventure Gut December 30, 2002 Complete investigation
accumulation of raw sewage by March 31,
near the Patrick Sweeney Police 2003. If repairs
Headquarters. are required, begin
construction by
May 30, 2003 and
complete construction
by August 31,
[End Page 2003.]
Conduct sanitary sewer system March 29, 2003 March 31, 2004
evaluation survey, infiltration/
inflow studies with recommendations
to replace or repair
collapsed sewer line segments
around St. Croix and stop
inflow.
Replace or repair any collapsed September 30, 2005
sewer line segments in St. Croix All three islands
not identified above and stop
inflow in accordance with sanitary
sewer system evaluation
survey recommendations
Figtree Overhaul house Pump No. 3, April 30, 2002 Pump refurbish and replace the completed Station bearings
evaluate and repair overhead COMPLETED
crane
replace or repair any pumps January 20, 2003 April 30, 2003
that are not operational, so that (one pump) February
all the house pumps are in full 3, 2003 (second
operational condition at all pump)
times.
replace motor control center for February 3, 2003 April 30, 2003
all pumps, refurbish starters
and comptrollers
replace or repair air exhaust/ December 31, 2002 April 30, 2003
inlet ventilation system in wet
well
replace check valves, flanges February 3, 2003 April 30, 2003
and spool pieces
repair/reinforce all house pumps February 3, 2003 April 30, 2003
anchor bases
refurbish emergency generator February 28, 2003 April 30, 2003
(alternate power unit) (to replace

*449
Lagoon       new emergency generator                  February 28, 2003        April 30, 2003
Street P S   (alternate power unit)
repair of the discharge pipe Inspeaction completed
by May 30, 2003.
Repairs completed by November 30,
[End Page 2003] LBJ PS new emergency generator December 30, 2002 March 28, 2003
(alternate power unit)
replace or repair any pumps February 3, 2003 April 30, 2003
that are not operational, so that
all the house pumps are in full
operational condition at all
times
NEW 2003 ST. CROIX REPAIRS Lagoon Replace or repair any pumps July 31, 2003 Street PS that are not operational so that
all three house pumps are in full
operational condit
Lagoon Install T valves so that an July 31, 2003 Strret and emergency diesel pump can be LBJ Pump used at these stations. Stations St. Croix Replace or repair any pumps August 31, 2003 Pump that are not operational so that Stations all the house pumps are in full (other than operational condition LBJ, Replace or repair emergency May 30, 2003 Figtree and generators that are not operational Lagoon so that all emergency Street). generators are in full operational
condition.
St. Croix Acquire emergency diesel pump July 31, 2003 Diesel Pump for use on St. Croix. Estate Repair the existing sewer August 31, 2003 Diamond problem. Funding for The new 2003 repairs shall be September 30, 2003 the new 2003 funded from the bank account to reimburse bank Repairs created pursuant to section A.3 account
of the Court's December 19,
[End Page 2001 Order. The Virgin Islands]
shall reimburse the account for
the funds required for these
repairs/projects.
St. Thomas
Airport repair or replace chlorine generator December 30, 2002 COMPLETED Lagoon or put in place an alternative WWTP disinfection program

*450
repair or replace all mechanical December 30, 2002 COMPLETED
blowers, repair air manifolds
for the aeration system, install
miscellaneous air piping, valves,
fittings and diffusers
repair or replace baffle curtain December 30, 2002 COMPLETED
headwork improvements', install December 30, 2002 March 14, 2003
screening device to trap objects
(bar screen), install distribution
header and diffuser to allow
influent to enter lagoon below
water surface and eliminate
existing influent fall into the
lagoon, install flow meter,
remove sludge from lagoon. December 30, 2002 COMPLETED
Repair internal sludge recycling December 30, 2002 COMPLETED
mechanism
enance sampling points December 30, 2002 COMPLETED
(influent and effluent locations),
provide platform (rest) for sampling
equipment
reinforce lagoon west berm December 30, 2002 March 24, 2004
repair access road December 30, 2002 COMPLETED
refurbish administration August 31, 2002 COMPLETED
building completed
refurbish/repair emergency April 30, 2002 COMPLETED
generator completed
contract operation until the December 30, 2003
Virgin Islands has achieved six
consecutive months of compliance,
utilities/chemicals
Cancryn PS repair/ replace inlet/exhaust Exhaustâ€"competed March 30, 2003 for
air ventilation system, install all repairs except
explosion-proof lights in dry hoist which shall be
well, repair or replace bar completed by April
screen, provide overhead crane 30, 2003
or lift for operator to remove
screened debris
Lights December
[End Page 31, 2002]
Bar screens/crane
January 31, 2003
Long Bay repair/replace inlet/exhaust January 31, 2003 March 30, 2003 for PS air ventilation system, repair/ all repairs except
replace explosion-proof lights in hoist which shall be
dry well, repair or replace bar completed by April

*451
screen, provide overhead crane 30, 2003
or lift for operator to remove
screened debris
Airport PS repair/replace inlet/exhaust Bar screen/crane March 30, 2003 for
air ventilation system, repair/ January 31, 2003 all repairs except
replace explosion-proof lights in hoist which shall be
dry well, repair or replace bar completed by April
screen, provide overhead crane 30, 2003
or lift for operator to remove
screened debris
Vessup Bay replace tank walls that are December 30, 2002 By March 30, 2003 WWTP corroded submit a plan for (Nazareth) either replacement
or lining of tank
walls, Repair tank
walls by August 31,
[End Page 2003 if this opinion is]
used or replace entire
plant by March
[End Page 30, 2004] Brassview Repair/place outfall or December 30, 2002 March 30, 2003 WWPT implement acceptable effluent
disposal method (i.e.; resource
recovery for agricultural purposes)
including plant rehab
Mangrove contract operation to continue January 31, 2002 or Lagoon for two years from commencement from start up of WWTP of operation of plant (see Mangrove (whichever occurs firest)
Amended Decree Section V.l)
Emergency Repair of collapsed sewer lines COMPLETED Sewer Line at Territorial Court and Airport Repairs Road.
St John
George Replace concrete lid and access March 31, 2002 COMPLETED Simmonds hatch, install new pump bases PS and rails, install new control
panel, and replace or repair
fencing.
Cruz Bay Replace or repair pump that is completed COMPLETED Ejector PS not operational, replace pump
controls and electrical boxes.
Cruz Bay Repair or replace two nonoperational Pending execution COMPLETED Pond Mouth pumps, repair or of Operations PS replace emergency generator. Contract October[End Page 31, 2002]
construct new Power Boyd August 30, 2003 Plans and specifications
to be submitted
by August 30,
[End Page 2003. Completion]
of project by
August 30, 2004.
CruzBay contract operation to continue Started 06-28-2001 WWTP until for two years from
commencement of operation

*452

of plant (see Amended Decree

Section V.l) George Improvements for the George April 30, 2003 Simmonds Simmonds WWTP to enhance WWTP treatment capabilities
Miscellaneous

Reimburse the $1.9 million of March 31, 2002 COMPLETED

funds that the Virgin Islands Completed

has indicated were incorrectly

taken out of an account for the

Mangrove Lagoon project.

Purchase equipment, hand tools July 30, 2002

and materials for in-house repairs.

Purchase water truck,

vehicles, existing vehicle repair

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