For environmental law violations: EMB-7 stops town landfill

CEBU, Philippines — The Environmental Management Bureau (EMB) - 7 has issued a cease and desist order against a sanitary landfill in Barangay Polog, Consolacion for allegedly violating environmental laws.

“Notice is hereby served upon you for having violated the provision of PD 1586: The Philippine Environmental Impact Statement System and RA 9275: The Philippine Clean Water Act of 2004, based on the findings of inspection conducted by the personnel of this Office on September 11, 2019,” reads the notice of violation from EMB-7 Director, Engr. William Cuñado.

“In order to prevent grave or irreparable damage, and further pollution to the environment, as well as to ensure the safety of life and property,

you are hereby directed to immediately CEASE and DESIST from operating your Sanitary Landfill until further Orders from this Office,” the notice reads further.

The notice was addressed to Cipriano Abdon of Asian Energysystems Corporation. EMB-7 also called the attention of the landfill’s project manager, Benjie Tadique.

It can be recalled that a landslide had buried a garbage truck driver under a pile of garbage due to the landfill’s failure to implement its Environmental Management Plan.

Wastewater from the landfill was also found to have breached the standards of chemical oxygen demand and ammonia along with coliform parameters.

Stipulated in the letter is the order from the EMB-7 to suspend all operations in the landfill for multiple violations against Section 9 of Presidential Decree 1586 or The Philippine Environmental Impact Statement System and Republic Act 9275 or The Philippine Clear Water Act of 2004.

Among the violations committed against PD 1586 is the managing body’s failure to comply with Condition No. 1, 8.2 and 13 of Environmental Compliance Certificate.

EMB-7 pointed out the sanitary landfill’s lack of mitigating measures, its failure to submit the annual Compliance Monitoring Report, and for acting beyond what is approved by EMB-7.

The EMB-7 also criticized the sanitary landfill’s operation "failure to provide an effluent sampling report" or a violation of R.A. 9275 in relation to DENR Administrative Order No. 2016-08.

EMB-7 said failure to stop the operations of the sanitary landfill in compliance with the Cease and Desist Order equates to a up to P50,000 per day of insistent operation.

EMB-7 says it has the option to escalate the case to the Pollution Adjudication Board for a higher fine of P19,000 - P390,000 per day.

In the same letter, EMB-7 required Tadique to explain within five days upon receipt of the notice why the company should not be fined.

Likewise, EMB-7 invited Tadique and the sanitary landfill’s Pollution Control Officer to attend the Technical Conference scheduled on October 4 in order for the "simplification of the issues and stipulation of facts" and the "execution of a commitment to abate or mitigate the environmental violation, including the remedial measures."

Failure to attend the Technical Conference would mean the company has waived its right to be heard, and that EMB can “institute appropriate legal action against you based on the evidence on record.” —  JMO, (FREEMAN)