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US lawyer asks court to approve payment of over $500K to engineering company for CUC task orders

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BRADLEY R. O’Brien, a lawyer with the U.S. Department of Justice-Environmental & Natural Resources Division-Environmental Enforcement Section, is requesting the federal court to approve the payment of $538,446.92 to Gilbane Federal, for the invoices submitted by the federally designated Engineering and Environmental Management Company or EEMC.

In Nov. 2008, after the U.S. Environmental Protection Agency cited CUC for violation of the Clean Water Act and the Safe Drinking Water Act, the federal court issued Stipulated Orders 1 and 2.

SO1 focuses on drinking water issues while SO2 focuses on oil issues such as requiring CUC to repair and replace oil storage and operation infrastructure, manage tank and pipeline facilities, and require spill and emergency response equipment and protocols.

In 2014, Gilbane Federal was appointed as EEMC by the federal court and its term was recently extended to Feb. 2021.

In the U.S. government’s comment dated Feb. 25, 2020 regarding the latest EEMC invoices, Brady told the court that of the $583,446.92 requested payment, $405,899.45 will be paid by grant funding and $131,547.47 will be paid by the court registry investment account.

Bradley said $22,766.08 is for EEMC management; $83,736.62, Power Plants 1 & 2 waste management activities; $88,714.62 for facility drainage improvements; $31,077.34 for facility waste management; $286,511.92 to purchase, ship, and install two horizontal cylindrical tanks; and $25,640.34 for gross revenue tax.

Bradley said the US government finds the invoiced costs to be reasonable and respectfully requests the court to direct that payment be made to the EEMC.

November 2020 pssnewsletter

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