Environmentalists issue notice to sue to officials

CEBU, Philippines - Environment lawyers have given Cebu Governor Gwendolyn Garcia and other local and national government agencies 30 days to take necessary measures on the dumping of coal ash in Naga or face law suits for tolerating violations of environmental laws.

A nine-page notice to sue was sent to Garcia, Vice Governor Gregorio Sanchez and the Provincial Board members, Naga Mayor Valdemar Chiong,  Vice Mayor Delfin Señor and the members of the council, Environment Sec. Lito Atienza, DENR-Environmental Management Bureau Region VII  Director Rolando Luego, DENR Region VII’s Alan Arranguez and DENR Director Leonardo Sibbaluca today.

Also included in the notice to sue was Hoon Kim, the president and chief executive officer of Korean Power Corporation-Salcon Power Corporation (KSPC).

In a press conference yesterday, environmental group Global Legal Action on Climate Change as well as other non-government agencies demanded that the authorities stop tolerating environmental violations by KSPC particularly the alleged indiscriminate dumping of coal or fly ash in Naga including the controversial Balili lots, which Cebu Province purchased last year.

Otherwise, the group will push through with the filing of charges for violations of the Philippine Clean Air Act of 1999, the Philippine Clean Water Act of 2004, the Ecological Solid Waste Management Act of 2000 and the Local Government Code of 1991 against the officials.

“That indiscriminate dumping of coal ash poses serious health risk is already beyond cavil and has polluted the water, air and land in Naga, Cebu and are patent violations of the Constitutions and the laws,” the notice to sue reads.

Lawyers Benjamin Cabrido, Gloria Estenzo-Ramos and others are demanding that Garcia, Sanchez and the provincial board members rescind the Memorandum of Agreements entered with KEPCO for the coal ask-landfill capacity as they stressed out that provincial government failed to conduct a public consultation with regards to the plan of dumping of coal ash in the place.

This notice to sue will settle everything. The law itself said that fly ash is pollutant. What is there to question,” Cabrido told reporters.

KSPC is building a 200-megawatt coal-fired power plant in Naga. It plans to dump its waste coal ash in the beachfront property as covered by a 25-year agreement with the provincial government.

The provincial government already received a $500,000 check shortly after the agreement was signed and another $500,000 will also be released to Capitol upon the commencement of the dumping.

“There is here a clear conflict of interest. By agreeing to host the dumping of coal ash into the Balili property and assuming Kepco’s legal responsibility for the proper handling and disposal of its coal ask, the Province has effectively bargained away its power and authority to, monitor, regulate and keep Kepco’s activities compliant with legal environmental standards,” the group said.

The group also stressed that the intended dumping site is at the partly submerged water, which violates the Section 40 of the RA 9003 that provide that a landfill facility for solid wastes must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources.”

Ramos said the provincial board and other local government units failed to adopt police power measures such as regulation of coal ash disposal in Naga in order for smooth implementation of the pertinent provisions of the environmental laws.

Ramos expressed concern about the toxic elements in the coal ash that could pollute the environment since Naga officials have allowed the dump the filling material for their reclamation project behind their municipal building.

The group asks Chiong and Señor and members of the council to stop and disallow the indiscriminate dumping of coal ash as it harm the environment and negatively impact the health and lives of the people.

Chiong allowed the dumping of coal ash from the Doosan Heavy Industries and Construction, the contractor of Salcon Power Corp, after they get clearance from then DENR-EMB acting regional director Arranguez.

Arranguez, in his letter last 2008, stated that “ash/slurry from NPC-SPC Power Plant Complex in Naga is considered as industrial solid waste that does not contain prescribed hazardous wastes. 

But the group said it was a “self-serving test” conducted by the applicant itself. They said that, in December 27, 2005, which was conducted by the Philippine Institute of Pure and Applied Chemistry, pointed out that the test conducted on fly ask samples showed that the amount Arsenic, Cadmium, Lead and Mercury.

They pointed out that waters in the artesian wells are already contaminated and that the people are getting sick of respiratory and other serious ailments.

Ramos wants Arranguez to explain as to why he should not be held liable, criminally and civilly for the actions he had taken.

At the Capitol, lawyer Rory Jon Sepulveda told The FREEMAN that they welcome the move of the environmentalists in order to thresh out the issue. — Garry B. Lao/NLQ (THE FREEMAN)