DENR wants EPO case dismissed

CEBU, Philippines - The officials of the Department of Environment and Natural Resources in Region-7 are asking for the dismissal of the environmental protection case that local environtalist groups have filed against them.

Regional director Leonardo Sibaluca and Environmental Management Bureau chief Alan Arranguez said the complainants failed to pinpoint the law that imposes indubitable legal duty for the court to grant the environmental protection with prayer for temporary environmental protection order and writ of continuing mandamus.     

The Philippine Earth Justice Center Inc., Central Visayas Farmer’s Development Center, Central Visayas Fisherfolks Development Center, concerned residents of Toledo City and Naga City filed the petition based on the alleged indiscriminate dumping of coal ash from the coal-fired power plants in Naga and Toledo.

The DENR, in its amended answer to the petition, said the report of EMB Manila reveals that all coal ash samples that were taken on three various dates with respect to cadium, lead and mercury is below the allowable standard set by Republic Act 6969 or the Toxic Substances and Hazardous and Nuclear Waste.

“Considerng that the elements are below the standards, the coal ash is classified as industrial wastes and the governing law for the management of such waste will be RA 9003 or the Solid Waste Management Act,” the DENR said.

DENR said the petitioners’ action in immediately seeking judicial recourse is premature since it ignores the procedures prescribed under DAO 96-37, which provides for a separate administrative proceeding to address complaints for cancellation of an environment compliance certificate.

DENR further stated, petitioners made reference to inapplicable research studies and inadmissible laboratory tests wherein the latter anchored their reasoning on an Environmental Protection Agency draft risk assessment, which is a foreign source.

It added that the basis of the petitioners’ data cannot be presumed that the conditions, in which their samples were taken, were of exact and the same conditions in Naga and Toledo making their results undependable and cannot be used as a foundation of the present controversy.

DENR said, petitioners anchored heavily on the toxicity results from Philippine Institute of Pure and Applied Chemistry when in fact it is boldly stated that the methods used in analyzing the samples is not the Toxicity Characteristic Leaching Procedure, which is the only type of testing allowed, accepted and authorized by law, making the results unacceptable.

In fact, the PIPAC result stated that, “this report shall not be reproduced except in full and shall not be used for advertisement or litigation without the written permission of PIPAC. The results apply only to samples tested by PIPAC and shall not be construed as approval, disapproval, endorsement or rejection of materials or products from which the samples were obtained.”

The DENR further stated that the submission of this result is even prohibited by law, as it is being used in litigation without the approval from PIPAC.  (FREEMAN)