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August 26, 2008
GOVERNOR DEJONGH SUBMITS LEGISLATION TO REORGANIZE WASTE MANAGEMENT AUTHORITY (WMA) Before departing the Virgin Islands for Denver on Tuesday, Governor John P. deJongh, Jr. submitted legislation which, if approved by the 27th Legislature, would reorganize the Virgin Islands Waste Management Authority (WMA). The proposal seeks to remove the WMA status as a semi-autonomous instrumentality of the government and rename it, the Virgin islands Waste Management Agency. Under the legislation, the new agency would become a cabinet-level department within the Executive Branch. The fundamental purpose of this legislation is to focus accountability for the performance of the Authority under the Office of the Governor. “Until such time as solid waste management and wastewater management can become truly independent of the General Fund, we must replace the current structure with one that creates clear lines of accountability and fiscal oversight, which are currently lacking at the most fundamental levels. Under this new agency, the territory will be better equipped to develop waste management policies without undermining its fiscal duties,” deJongh wrote in correspondence to Senate President Usie R. Richards. DeJongh also explained that the legislation is prompted by several factors including that originally, it was intended that the WMA would work toward self-sufficiency, but that has not happened nor does it appear that it will occur. “The issues surrounding both solid waste and wastewater management are complex and capital intensive. The Authority’s operating budget is derived from the General Fund and its capital requirements will be served through bonds of the government in the same fashion as all executive branch agencies. However, the fiscal policies of the central government cannot be imposed upon the Authority, due to its status as a semi-autonomous agency.” DeJongh said this system does not make sense from either a fiscal or practical standpoint. The proposed legislation corrects the imbalanced structure. Additionally, deJongh explained that his proposed legislation allows for better coordination of waste policies with the other branches government. “Presently, the Authority’s policies are set by an independent board which may conflict with the policies of the central government. This lack of coordination can only serve to undermine the cohesive development of solid waste policies with other policies established for the territory, deJongh wrote.” The governor also pointed out that at a time when the reliability, cost and source of energy are significant issues being addressed by the V.I. Water and Power Authority and the Government, the role of the Authority as a third independent agent in addressing energy needs of the territory over the near and long term creates additional difficulties in the coordination and execution of sound, integrated public policies. The measure transfers the duties and powers of the Authority to the Agency as a separate entity within the central government. The prior structure wherein waste management was under the Department of Public Works simply did not work, and led to the several court and administrative orders under which the territory’s waste systems currently operate. “By retaining the concept of an entity that is solely devoted to waste management, we avoid the pitfalls of the past, while correcting the problems discussed above. Finally, the measure returns the regulation of septic systems to the Department of Planning and Natural Resources. Although these duties were placed in the hands of the Authority, the personnel and other infrastructure were not transferred to the Authority and, therefore, it was unable to implement septic system programs, deJongh explained in his letter to the Senate. The DeJongh proposal calls for the Director of the Agency to be appointed by the Governor with the advice and consent of the Legislature and the Public Services Commission would no longer have jurisdiction over the fees and charges of the Agency. “The Agency will be able develop its fees and charges through rules and regulations, but, public hearings are required so that the community may have input during the process and not at the end. The Agency will be subject to central government procurement statutes and rules, except for expenditures which do not exceed $100,000. This exception is made in recognition that the Agency must be able to quickly procure materials, equipment, and/or services in the event of a line break or equipment malfunction which requires immediate attention. Without such flexibility, the Government may face additional violations of federal law due to delayed response to sewage spills. Finally, the Agency will be responsible for the collection and removal of animal carcasses, a duty which has been the subject of debate,” deJongh wrote in today’s transmittal which accompanied the proposed legislation. “The United States Environmental Protection Agency has been appraised of the intention to disband the Authority and create the Agency, understands the reasons for the change, and has not voiced any objections to the same.” DeJongh has requested the prompt and favorable action of the Legislature on this measure. “Upon receiving notice of the dates and times of any hearings set by the Legislature, I will ensure that the necessary officers of my Administration are available to present testimony and answer any questions senators may have on this measure.” Related: Letter to Senate President Richards and Text of WMA Legislation |
