TESTIMONY was provided during last night’s administrative hearing scheduled by the Guam Environmental Protection Agency board of directors on the appeal submitted by Cyfred Ltd., for a pilot individual wastewater treatment facility at the Gill Baza subdivision.
GEPA lawyer R. Happy Rons said the pilot individual waste treatment facility had never been used on the island before. She further stated that around 80 percent of the water from the northern aquifer supplies the requirements of the entire island. Rons also emphasized the zoning law requirement for lots located over the northern aquifer.
Earlier during the hearing, Rons said GEPA has filed two motions against Cyfred – one for a motion to dismiss for lack of jurisdiction and another motion for summary judgment.
The first motion was put forward after zoning jurisdiction issues were discussed in the case. The proposed pilot project involved using a system in the Gill Baza subdivision which is mainly comprised of one-quarter acre lots.
Under Guam’s zoning law, GEPA was tasked with establishing lot sizes over the northern aquifer. Based on this, the environmental agency determined minimum lot sizes of not less than half an acre for agriculturally zoned land located on top of the northern aquifer that must have sewer connections.
Due to the lot requirement, plus the fact that the subdivision is located on top of the northern aquifer, GEPA was not able to approve the request for the pilot project.
According to Rons, the Guam Land Use Commission is the body authorized to hear appeals arising from zoning law. “The bottom line,” she stressed, “is that proper jurisdiction lies with the GLUC.” GEPA is thus proposing for a motion to dismiss.
Meanwhile, Curtis Van de Veld, attorney for Cyfred Ltd., said GEPA should exercise its discretion to decide on the matter. Van de Veld cited a particular section of the law which allows the agency to determine lot sizes.
For years, residents have been settling in the Gill Baza subdivision without a proper sewage system. In 2006, GEPA issued a Notice of Violation and Order of Compliance for the subdivision, which required residents to leave the area until a sewer system has been installed.
Testimony presented in Cyfred-GEPA case
- Friday, 21 Sep 2012 03:00am
- BY LOUELLA LOSINIO | VARIETY NEWS STAFF
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