AGO warns legal action vs. EPA

The Office of the Attorney General has warned the U.S. Environmental Protection Agency Region IX that it will take legal action against the federal agency if it fails to order the Department of Army to post signs and fence the 18 areas in the village to protect residents from the polychlorinated biphenyl contamination.

According to Assistant Attorney General Murphy Peterson, the CNMI government will not hesitate to impose a fine of $25,000 per day for every violation in accordance with applicable laws if EPA ignores the directive.

“The decision of the EPA Region 9 on-site coordinator not to order the fencing and posting of notice on the sites is in direct violation of Federal law, and places the citizens of the village of Tanapag in imminent and substantial danger,” Mr. Murphy wrote to Felicia Marcus, U.S. EPA regional administrator, on Oct. 13, 2000.

He said EPA must take all necessary measures for the protection of the citizens of the CNMI including temporary relocation, the cost of which to be shouldered by DOA through the Federal Emergency Management Agency. He asked that the AGO be given a copy of such requirement and all documents showing EPA’s compliance with federal law for its review.

The notice of intent to enforce federal law was issued by the AGO after a visit to the 18 sites which are PCB-contaminated, revealed that these are accessible to humans and animals. More than half of these sites are located directly on the premises of the homes of the villagers.

Mr. Murphy said fencing and placement of signs on several locations in accordance with the law will effectively prevent access to the houses. He noted that one site is even located on the grounds of the special education learning center for the Tanapag Elementary School. In addition, several of the sites are used as grazing areas for cattle and other livestock.

“None of these sites were fenced or identified with signs as being contaminated sites. Only two of the eighteen sites identified as contaminated by the EPA were fenced, with signs posted,” Mr. Murphy said.

The widening rift between the AGO and EPA was also a result of the continuous exclusion of the AGO from participating in the resolution of the PCB contamination problem in Tanapag thus, denying the CNMI government legal representation.

“Unfortunately for all parties, exclusion of our office’s full participation hinders and delays the resolution of issues. In addition to unwarranted delays and problems, it forces our office to take legal action to protect the interests of the Commonwealth, which otherwise might have been resolved in a more cooperative manner,” Mr. Murphy said.

The DOA has already stated that it believes DEQ may be a responsible party on the PCB contamination and that it intends to seek contribution or recovery of cleanup costs from the Commonwealth which may run in excess of $10 million.