DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
GOVERNMENT OF THE VIRGIN ISLANDS 
and VIRGIN ISLANDS WASTE MANAGEMENT 
AUTHORITY, 
Defendant. 
 
___________________________________ 
) 
) 
) 
) 
 
) 
Civil No. 1984-104 
) 
 
 
) 
) 
) 
) 
) 
) 
) 
ATTORNEYS: 
 
Donald G. Frankel, Esq. 
Newton, MA 
 
 
 
 
 
For the United States of America,  
 
 
 
 
Ronald Sharpe, USA 
Joycelyn Hewlett, AUSA 
St. Thomas, U.S.V.I. 
 
For the United States of America, 
 
Claude Walker, AG 
Carol Thomas-Jacobs, AAG 
Kimberly Salisbury, AAG 
Ariel Marie Smith-Francois, AAG 
 
 
 
St. Thomas, U.S.V.I. 
 
For the Government of the Virgin Islands,  
 
Kelvin Lambert Vidale, Esq. 
St. Croix, U.S.V.I. 
 
For the Virgin Islands Waste Management Authority. 
 
 
 
 
Case: 3:84-cv-00104-CVG-RM   Document #: 571   Filed: 01/06/17   Page 1 of 5
United States v. Gov’t of the Virgin Islands and VIWMA 
Civil No. 1984-104 
Order 
Page 2 
 
ORDER 
GÓMEZ, J. 
 
In March of 1984, the United States filed this action 
against the Government of the Virgin Islands (the “Virgin 
Islands”). The complaint alleged violations of the Clean Water 
Act (“CWA”), 33 U.S.C. § 1251 et seq. In September of 1985, the 
United States and the Virgin Islands entered into a consent 
decree (the “Original Decree”) to resolve the claims in the 
complaint.  
 
In 1991, the United States moved to hold the Virgin Islands 
in contempt for violating the Original Decree. Resolution of 
that motion resulted in a 1995 amended consent decree (the 
“Amended Decree”), which was entered by this Court on January 
19, 1996. 
 
The Amended Decree set forth a variety of initiatives. The 
overarching objective of these initiatives was  
to cause the Virgin Islands to come into and remain 
in 
compliance 
with 
the 
Territorial 
Pollutant 
Discharge Elimination System (“TPDES”) permits 
(including, without limitation, requirements related 
to proper operation and maintenance); any renewals 
of such permits in accordance with the CWA and 
regulations thereunder; and amendments to such 
permits in accordance with the CWA  and regulations 
thereunder, and provision of applicable federal and 
territorial law governing wastewater discharges 
applicable to . . . waste water treatment plants 
(“WWTPs”). 
 
Case: 3:84-cv-00104-CVG-RM   Document #: 571   Filed: 01/06/17   Page 2 of 5
United States v. Gov’t of the Virgin Islands and VIWMA 
Civil No. 1984-104 
Order 
Page 3 
 
ECF No. 556, Exh. 3 at 3. 
 
 
The Amended Decree currently binds the parties. It has, 
however, been modified on several occasions. On March 26, 2009, 
the Court partially terminated the Amended Decree with respect 
to four WWTPs. On March 16, 2016, the Court partially terminated 
with respect to three more WWTPs. In addition, on April 22, 
2013, the Court entered a stipulated order (the “Stipulated 
Order”), which was modified on September 19, 2014 (“First 
Modified Stipulation”). 
 
On September 9, 2016, the Court held an evidentiary 
hearing. At the evidentiary hearing, the United States presented 
evidence indicating that the number of manhole overflows on St. 
Thomas has been increasing over the last several years. 
Additionally, the United States presented evidence that the 
VIWMA is not implementing EPA-funded projects in a timely 
fashion. 
 
Thereafter, the Court instructed the parties to submit (1) 
a plan to reduce the number of manhole overflows; (2) a plan 
that would enable the VIWMA to implement projects funded through 
EPA; and (3) an estimate of the funds necessary for these plans. 
The Court also voiced its intention to have this matter reviewed 
on a quarterly basis.  
Case: 3:84-cv-00104-CVG-RM   Document #: 571   Filed: 01/06/17   Page 3 of 5
United States v. Gov’t of the Virgin Islands and VIWMA 
Civil No. 1984-104 
Order 
Page 4 
 
 
On October 21, 2016, the parties submitted a Second 
Stipulated Modification of the Stipulated Order (“Second 
Stipulated Modification”). To address the manhole issues, the 
parties proposed raising the number of employees allocated to 
manhole overflow prevention and response from fourteen to 
seventeen. The additional employees include a Director of 
Wastewater and two operation and maintenance technicians. The 
annual cost of these employees would be $191,349. VIWMA 
indicated that the funds for these employees has already been 
budgeted. 
 
To address the implementation of EPA-funded projects, the 
parties indicated that the First Stipulated Modification 
required the VIWMA to maintain at least ten full-time employees 
in the VIWMA’s Engineering Division. The VIWMA has failed to 
comply with this requirement several times throughout the past 
year. The VIWMA expects to be in full compliance, however, by 
January 1, 2017. The parties believe the presence of all ten 
Engineering Division employees will remedy the VIWMA’s problems 
implementing EPA-funded projects. Accordingly, the parties 
request six additional months to determine whether additional 
measures are required to address the implementation issues. 
 
The premises considered, it is hereby 
Case: 3:84-cv-00104-CVG-RM   Document #: 571   Filed: 01/06/17   Page 4 of 5
United States v. Gov’t of the Virgin Islands and VIWMA 
Civil No. 1984-104 
Order 
Page 5 
 
 
ORDERED that the Second Stipulated Modification of the 
Stipulated Order docketed at ECF Number 570 is APPROVED; it is 
further 
 
ORDERED that an evidentiary hearing in this matter is 
SCHEDULED to commence promptly at 9:00 a.m. on Wednesday, 
February 22, 2017. 
 
 
S\ 
 
 
 
 
 
 
CURTIS V. GÓMEZ 
 
District Judge 
 
Case: 3:84-cv-00104-CVG-RM   Document #: 571   Filed: 01/06/17   Page 5 of 5