CEBU, Philippines — The Department of Environment and Natural Resources - Environmental Management Bureau (DENR-EMB)-7 has filed a notice of violation against Cebu Port Authority (CPA) for allegedly starting an expansion project at the Cebu Coastal Road without a compliance certificate.
This notice was issued by the DENR-EMB 7 last April 2, 2024 following the complaint filed by the Cebu City Environment and Natural Resources (CCENRO) through the Cebu City Legal Office.
The notice was addressed to Leonilo Miole, General Manager of CPA, requiring them to explain why they should not be “penalized for said violation and why no order should be issued for the immediate cessation of its project operations”.
As cited in the notice, CPA has violated the pertinent provisions of Presidential Decree No. 1586, the Philippine Environmental Impact Statement System and its Implementing Rules and Regulations (IRR).
This was based on the inspection conducted by the technical personnel of the DENR-EMB-7 on March 21, 2024 at the CPA baseport in response to the complaint of CCENRO head, Reymar Zamora Hijara.
Right after the inspection, a violation was determined for commencing the expansion of the project at the Cebu Coastal Road without an amended Environmental Compliance Certificate (ECC) of Section 9 of P.D. 1586 particularly ECC Condition No. 16.
“The foregoing considered, your office is hereby directed to explain in writing, duly subscribed before a Notary Public, within fifteen (15) days from receipt hereof, why your office should not be penalized with a fine of not more than Fifty Thousand Pesos (PHP 50,000.00) for every violation,” reads a citation of the notice.
Aside from this, CPA is also made to explain why no order shall be issued against their office and directing immediate cessation of project operations.
Further, the CPA had also been invited for a Technical Conference to simplify the issues and stipulation of facts and the execution of a compliance commitment within 90 days.
The technology conference was initially set last April 3, but has been moved to April 11, 2024 at the EMB regional Office at Banilad, Mandaue City, Cebu.
“Failure to attend the latter or submit your explanation letter shall be construed as a waiver of your right to be heard and present dence in your behalf, and this Office shall institute appropriate legal action against your office based on the evidence on record,” read the notice that was signed by Victoria Abrera, the Regional Director. — (FREEMAN)