Bacolod questions EMB exclusion of former landfill contractor from violation notice

Cell No. 4 of the Bacolod City sanitary landfill in Barangay Felisa, which has reached full capacity. The DENR-EMB NIR issued a Notice of Violation over alleged environmental compliance issues involving the landfill. BCCO PHOTO
Cell No. 4 of the Bacolod City sanitary landfill in Barangay Felisa, which has reached full capacity. The DENR-EMB NIR issued a Notice of Violation over alleged environmental compliance issues involving the landfill. BCCO PHOTO

BACOLOD City — The Bacolod City Government is questioning the decision of the Department of Environment and Natural Resources–Environmental Management Bureau–Negros Island Region (DENR-EMB NIR) to exclude its former garbage and landfill contractor from a Notice of Violation (NOV) issued over alleged environmental violations at the city’s sanitary landfill in Barangay Felisa.

City Legal Officer Karol Joseph Chiu said the city will submit its position paper to the EMB on or before the August 25 deadline.

Chiu said one of the issues the city intends to raise is why IPM Construction and Development Corporation (IPM-CDC) was not named in the NOV despite its contractual responsibility to secure the Environmental Compliance Certificate (ECC) for the construction and operation of Cell No. 4.

“The IPM-CDC was awarded the contract by the city to construct Cell No. 4, and it was its obligation to process the ECC,” Chiu said.

He noted that the city cannot secure an ECC for Cell No. 5 without first complying with the ECC requirements for Cell No. 4, making the former contractor’s responsibility relevant to the issue.

Chiu also questioned why the EMB did not issue a notice of violation against IPM-CDC while it was managing the landfill, despite the agency being aware of its operations and responsibilities.

“Now that they have issued a notice of violation, IPM-CDC was not included. That is the question: What is the reason for that?” Chiu said.

He added that the city had issued a show cause order to IPM-CDC, seeking an explanation as to why it had not secured the required ECC despite several years having passed.

The DENR-EMB NIR issued the NOV dated August 10, citing alleged violations of Republic Act No. 9275, or the Philippine Clean Water Act, involving wastewater discharged from the landfill.

The notice also cited Presidential Decree No. 1586, or the Philippine Environmental Impact Statement System, in connection with the operation of Cells No. 4 and 5 without the required ECC.

The city was given 15 days to submit its position paper before the EMB decides on the matter.

During a public hearing on August 20, Senior Environmental Management Specialist Regin Segovia, officer-in-charge of the EMB-NIR Clearance and Permitting Division, clarified that the issuance of an NOV does not automatically require the immediate closure of the landfill.

Segovia said the notice was intended to prompt the city to address deficiencies and complete the requirements for the ECC amendment for Cell No. 4.

The landfill remains operational, with City Administrator Atty. Mark Steven Mayo assuring that the city government is taking steps to comply with environmental requirements.

Mayo earlier confirmed that Cell No. 5 is already in operation after Cell No. 4 reached full capacity.

The city government has also implemented engineering measures at the landfill since January following the engagement of International Solid Waste Integrated Management Specialists, Inc. (ISWIMS) as its new garbage collection and landfill management contractor.

The EMB has yet to make a final decision on the city’s alleged violations./PN

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