Wednesday, November 24, 2010

Coal ash landfill ready by 2011; Eco-lawyers to stop move

By Dale G. Israel, Ador Vincent Mayol
Cebu Daily News
First Posted 07:08:00 11/24/2010

Filed Under: Construction & Property, Environmental Issues

She toured without any mask protection and grabbed some black soil.

Then Cebu Gov. Gwendolyn Garcia ate “kinilaw” using the three fishes caught from the fishpond inside the Balili property in barangay Tinaan, Naga City.

“Where is the toxic now?” asked Garcia during her visit to the controversial beachfront property yesterday, in reference to allegations of environmentalists that coal ash previously dumped on the lot was toxic.

She said the sanitary landfill would be ready to accept the coal ash from Kepco-SPC in January as scheduled. The provincial government will be ready for the preparations needed such as the lining requirements and others, she added.

“I have tasked the PPDO (Provincial Planning and Development Office) to see to it that the needed requirements are fulfilled or submitted,” said Garcia.

But the Cebu provincial government couldn't simply allow the dumping of coal ash at the Balili beach property without seeking the court's approval, said environmentalist lawyer Benjamin Cabrido.

“The environmental court has jurisdiction over the issue. There is a pending case filed in court (on the indiscriminate dumping of coal ash). If the provincial government will pursue on its plan (to allow the dumping of coal ash at the Balili lot starting January 2011), then that is a direct derogation of the court's power and authority,” Cabrido told CEBU DAILY NEWS over the phone.

Sought for comment, Garcia replied: “That makes for good media copy. And they will be sure that their benefactors will see and hear and read and watch them on TV. That is all I can say. I think they can file whatever they want but they are starting to sound and appear quite, for lack of better word—hypocritical.”

She pointed out that Judge Marilyn Yap didn't use a surgical mask when she conducted an ocular inspection. But the members of environmentalist groups covered with noses with surgical masks only to drink water from the coconut in the property.

A female environmentalist even smoked inside the property, she added.

“What an irony! Environmentalists polluting the air? I used to say before that these so-called environmentalists, with all their noise, seem to be experts in noise pollution. But now it has gone beyond that, they have even gone into smoke pollution,” she said.

Garcia said she would push through developing the property into an international port. A portion of it would be used as a sanitary landfill for the coal-fired power plant of Kepco-SPC.

The pond A would be developed into a sanitary landfill, which would be ready by Janaury 2010.

Engineer Adolfo Quiroga of PPDO said around 260 metric tons of coal ash will be dumped in the area from Kepco-SPC plants, which would mean that the province would earn $260 per day since the power firm would pay a dollar for every metric ton of coal dumped on the landfill.

But he added the landfill may not be filled since the coal ash would also be mixed with limestone, which would be used to reclaim a portion of the property and develop it into an international port.

Cement factories were also interested in buying the coal ash from the province, according to Capitol consultant Rory Jon Sepulveda.

He said the cement firms were only waiting for the actual sample of the coal ash to determine if these can be used in their cement products and prefabricated concretes.

Sepulveda also said that the Capitol has already secured an Environment Clearance Certificate (ECC) for the sanitary landfill—which is among the major requirements for the operation of the coal ash dumping.

He, however, would not say when the ECC was issued and what were contained in the ECC. “Basta we already have an ECC,” he pointed out.

Garcia told reporters that while her critics say that the Capitol had spent huge amount of money for the property when almost half of it had been regained as revenues from the same property.

She said Kepco paid the province $500,000 in down payment for the coal ash facility. Another $500,000 will be paid to the province once the actual dumping starts, she added.

Last August, eco-lawyer Cabrido, Central Visayas Fisherfolk's Development Center representative Vince Sinchez, residents of the cities of Toledo and Naga filed a petition for the issuance of a Temporary Environmental Protection Order (TEPO) and a writ of continuing mandamus to stop the dumping of coal ash.

The petition, pending before Regional Trial Court Judge Marilyn Yap of Branch 28, sought to void the memorandum of agreement between Cebu province and Salcon Power Plant-Kepco for the dumping of coal ash waste in the Capitol's Balili property in Naga City.

The respondents include Gov. Garcia and Vice Gov. Gregorio Sanchez Jr. representing the Cebu Province, Toledo City Mayor Aurelio Espino, Naga City Mayor Valdemar Chiong, Toledo Power Corp., Cebu Energy Development Corp. Salcon Power Corp. and Korean Power Corp.

Petitioners sought an environmental protection order on the areas where the coal ash wastes were “indiscriminately dumped,” which posed harmful effects to the health and environment.

The Balili beach property is among the sites being contested by environmentalists with regard to the dumping of coal ash.

Cabrido said he will file a motion to order the Cebu provincial government to explain why the it should not be cited in contempt of court for planning to allow the dumping of coal ash without the court's knowledge and consent.

He stressed that dumping of coal ash “near” bodies of water is prohibited by Republic Act No. 9003 or the Ecological Solid Waste Management Act, which stipulates that solid wastes should be disposed of in a landfill.

“From the very beginning, we have been consistent that the purchase of the Balili property is tainted with irregularity. We maintain our position. The Ombudsman has sustained us,” Cabrido said.

With the ruling of the anti-graft office to upgrade the Balili lot case to a formal investigation, Cabrido said the probe should be conducted by the Ombudsman Visayas.

“It is the Cebuanos who are aggrieved. We want to know how the case will be handled. It is open to the public,” Cabrido said.

Garcia, who visited the property with some Capitol department heads, said that if the coal ash were indeed toxic, there would not be an abundance of fishes in the ponds and mangroves would not continue to sprout inside the 24.76-hectare property which the province bought at P98.9 million.

“Even those tall coconut trees grew on top of coal ash from the dumpings in the previous years,” said Naga City Mayor Valdemar Chiong who joined the governor in her visit.

He pointed out that not a single resident from Tinaan had fallen sick due to the coal ash.

Garcia arrived at the Balili property about 11 a.m. along with some Capitol department heads. They were Provincial Planning and Development Office (PPDO) chief Adolfo Quiroga, Provincial Attorney Marino Martinquilla, Health Officer Cristina Giango, Social Welfare chief Marivic Garces and Provincial Engineer Eulogio Pelayre. Planning consultant Jose Maria Gastardo also joined the group.

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