WTE is reportedly illegal environmentalists take action

CEBU, Philippines - Cebu-based Philippine Earth Justice Center wrote a letter to 12 heads of government agencies and all the different leagues of local government units to carefully consider the proposed guidelines crafted by the National Solid Waste Management Commission for the establishment and operation of “Waste-to-Energy” technologies in the country.

PEJC co-founder Gloria Ramos in her letter dated May 7, 2014 said that NSWMC, which is tasked to implement the provisions of RA 9003 (Solid Waste Management Act) even feels bad since it has been 13 years since the law took effect.

Ramos said WTE is a direct violation of RA 9003 which in reality is an incineration in disguise, thus, violates the provision of the Clean Air Act that prohibit all forms of incineration.

Ramos said that WTE mixes wastes and therefore counters to the provisions of  RA 9003 and this process emits hazardous polluting substances harmful to humans and environment.

The lawyer-environmentalist added that the promulgation of the WTE guidelines by NSWMC would be clearly illegal.

Ramos addressed her letter to secretaries Herminio Coloma (Presidential Communications Operations Office), Ramon Paje (DENR), Mar Roxas (DILG), Mario Montejo (DOST), Rogelio Singson (DPWH), Enrique Ona (DOH), Gregory Domingo (DTI), Proceso Alcala (DA) and Joel Villanueva (TESDA), as well as to DENR director for Environment Management Bureau Juan Cuna and the OIC-executive director of NSWMC.

The letter was also sent to Francisco Tolentino (chairman, Metro Manila Development Authority), Governor Alfonso Umali Jr. (national president, League of Provinces of the Phils.), Mayor Oscar Moreno and Mayor Herbert Bautista (national chairman/national president, respectively, League of Cities of the Phils.), Mayor Leonardo Javier Jr. (national president, League of Municipal Mayors); Barangay Captain Edmund Abesamis (national president, Association of Barangay Councils).

Ramos added that the operation of WTE would violate another law, RA 8747 or the Philippine Clean Air Act of 1999, which DENR and LGUs are hard-pressed to enforce.

“No LGU in the country seems to have crafted as yet an air quality action as directed by RA 8749 or even procures an air quality monitoring equipment. Can LGUs handle the complex WTE process and the tons of hazardous ash to be disposed as a result, when they cannot even comply with what RA 9003 requires?,” the letter reads.

Ramos further said that is unfortunate that proponents of WTE technology feed on the misinterpretation of the Supreme Court Resolution in a case by MMDA versus  Jancom Environmental Corporation, when it stated referring to Section 20 of the Clean Air Act that “does not absolutely prohibit incineration as a mode of waste disposal.”

Ramos countered the statement, saying that it “is an obiter dictum or an incidental expression of opinion, not essential to the decision and not establishing a precedent.”

As defined under NSWMC’s proposed guidelines, WTE technologies, through treatment, produce or generate energy.

The proposed guidelines aim to achieve the target to increase solid waste diversion rate and to support the advocacies of Low Carbon Development to sustain a clean and healthy environment, to provide guidance to LGUs eyeing WTE as an option in their waste management particularly those that are already running out of space for disposal, among others.  (FREEMAN)