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Lawmakers press ESPA on contractor liability and widespread trash-collection failures
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Summary
During a legislative hearing, senators pressed ESPA officials about whether the utility or private contractors are liable when equipment or trucks fail, extensive complaints about missed pickups, and contract renewal practices; ESPA said liability depends on whether its equipment or a contractor is at fault and that several contracts are being extended until rebid later this year.
ESPA officials faced repeated questions from senators about accountability for trash collection failures and who bears legal responsibility when equipment or trucks supplied by the utility are involved.
"If the equipment provided by Espa is defective, Espa will be liable," Speaker 2 told the chamber, adding that "if the contractor is negligent, they are liable." Senators pressed the agency over persistent service complaints, including residents who said trash was not picked up despite paying monthly fees.
Senators said service problems continue despite contract renewals. ESPA said the household trash contract has been renewed three times and is expected to expire later this year; the utility plans to rebid before expiration. ESPA also said it currently works with seven waste-collection contractors and that the jurisdiction’s solid-waste collection brings in roughly $3,600,000 annually while the utility must maintain a landfill and other functions.
Lawmakers criticized ESPA for paying one dumpster contractor about $70,000 a month while some routes reportedly missed the required three pickups per week. "They're supposed to pick 3 times a week, but they don't," Speaker 2 said, and acknowledged that ESPA had purchased two additional trucks to fill routes until the contract ends.
Some senators urged ESPA to funnel work and materials to local contractors to stimulate the island economy; ESPA replied that major capital projects often require bulk material purchases (sometimes costing millions) that smaller contractors cannot front. Senators said that practice limits participation by local firms and asked whether ESPA could change procurement to give local contractors better access.
On leasing vehicles to contractors, ESPA said the Department of Interior, which funded some vehicles, discouraged leasing and questioned why the agency had purchased trucks intended for leasing. ESPA identified the DOI field representative as Lydia Nomura when asked for a contact for follow-up.
The panel did not take formal votes. Senators asked ESPA to provide detailed contractor payment records and said they expect the agency to address pickup performance while preparing for the contract rebid later this year.
