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June 20th Response to VI Waste Management

DISTRICT COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS AND ST. JOHN

UNITED STATES OF AMERICA,

Plaintiff

CIVIL No.   1984-104

GOVERNMENT of the    VIRGIN ISLANDS

Defendant

Susan K. Wolterbeek, Pro Se, Intervenor

 INTERVENOR’S REPLY TO RESPONSE BY VI WASTE MANAGEMENT

        Now comes Susan K. Wolterbeek, Pro Se, being duly sworn, and states as follows:

 INTERVENOR’S FILINGS FOLLOWED THE SPECIFIC DIRECTIVES OF THE

FEDERAL DISTRICT COURT’S SUPERVISING CLERK

        As stated in detail in Intervenor’s Reply to Response by AUSA Frankel, Pro Se Intervenor followed the specific directives of Supervising Clerk Francis of the Federal District Court in regard to the timing of filing of the Complaint in Intervention. Thus, the timing of my filings should not be contested, and as admitted by AUSA Frankel, Citizen’s Intervention is as of Right.

VIWMA HAS CONTINUED TO VIOLATE COURT ORDERS WITH IMPUNITY, POLLUTING USVI COASTAL WATERS

        Last year’s Emergency Order of 3/18/10 required VIWMA to obtain and maintain pumps for Figtree Station, and to certify its compliance with the Court.  On May 11, 2011, 14 months later, VIWMA’s Executive Director admitted to the Court that VIWMA had still not purchased the pumps for Figtree. Cornwall admitted this violation of a Court Order was entirely due to VIWMA management failure, as the pumps were being paid for by federal agencies. Beginning May 3, 2011, as stated by AUSA Frankel in his filings, there has been an ONGOING bypass of raw sewage into coastal waters from the Figtree Station.

Since last year’s 3/18/10 Court Order, VIWMA has admitted it has dumped raw sewage into USVI coastal waters for at least 128 days [Exhibits 2-5, 26]. These signed Non-Compliance Reports are admissions that VIWMA has been continuing to violate civil and criminal federal laws, under both the Clean Water Act and the Endangered Species Act, and the EPA has not stopped VIWMA through contempt, criminal prosecution or Receivership action. If the volume is comparable to last year, then VIWMA has dumped more than 100 million gallons of raw sewage into our coastal waters since last year’s Court Order. There is no indication from VIWMA or the EPA that VIWMA has ceased dumping raw sewage or that either party has made any plan with NOAA to clean up our coastal waters due to this dumping, in continuing violation of the Endangered Species Act.

As detailed in the Affidavit in Support of Motion to Intervene,  VIWMA has not been giving Public Notice pursuant to the 3/18/10 Court Order, when VIWMA has been dumping the raw sewage, so that the Citizens of the Virgin Islands and Visitors are still being kept in the dark as to the severity and volume of raw sewage being dumped into recreational waters where people swim and snorkel and where endangered species live.

 THIS CITIZEN’S SUIT IS TIMELY AS VIWMA CONTINUES CURRENTLY TO VIOLATE COURT ORDERS AND FEDERAL CIVIL AND CRIMINAL STATUTES

         For 27 years, the EPA has not been able to successfully regulate VIWMA and DPNR, as VIWMA has continued to pollute VI coastal waters with raw sewage. VIWMA’s contemptuous violations have been considerably worse since last year’s Court Order, likely doubling the quantity of raw sewage which was dumped before the Emergency Order, yet the EPA will not move for Contempt, punitive damages, Receivership, or prosecution under the Endangered Species Act. There is an ongoing raw sewage bypass now.  The EPA’s willful refusal to take action after being repeatedly presented with evidence by me of VIWMA’s continual violations of federal laws and court orders makes that agency, in addition to VIWMA and DPNR, directly liable under both the Endangered Species Act and the Clean Water Act. These violations of federal criminal and civil laws are current, ongoing, and continually contemptuous of this Honorable Court’s orders.

CONCLUSION

        This Citizen’s Suit is critical to saving the VI coastal waters. Despite Intervenor’s continued supplications to the EPA to seek Contempt, punitive damages and Receivership, the EPA will not take those actions against VIWMA and DPNR. Only Intervenor has given this Honorable Court a viable, practical alternative to the continued heinous pollution of the past 27 years, that of putting VIWMA into Receivership, and having the EPA pay all monies to get the waste management systems in compliance with federal law. Only Intervenor has raised the Endangered Species Act and the EPA’s inter-agency obligations to work with NOAA to rejuvenate the VI coastal waters after all this dumping of  millions of gallons of raw sewage. Only Intervenor is looking out for the interests of Citizens, Visitors and Endangered Species.

Wherefore, Intervenor respectfully requests that this Honorable Court order that Intervenor be immediately made a full party to this suit.

Respectfully submitted,

_______________________

Susan K. Wolterbeek, Pro Se

PO Box 306658

St. Thomas, VI 00803

susan@GreenerVI.org

 

 

 

 

Territory of the US Virgin Islands

District of St. Thomas and St. John

 

 

Sworn to before me by Susan K. Wolterbeek this 20th day of June, 2011

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