TUESDAY, 03 JULY 2012 21:00 JONATHAN L. MAYUGA / REPORTER
Environment Secretary Ramon J.P. Paje has directed the Laguna Lake Development Authority (LLDA) to issue a cease-and-desist order against Manila Harbour Centre in connection with stockpiling of coal at Harbour Centre Port Terminal Inc. (HCPTI) along Manila Bay.
Paje said on Tuesday he had ordered an investigation of possible violations committed by Manila Harbour Centre, owned by businessman Reghis Romero, in connection with its coal operations, as well as the Environmental Management Bureau (EMB) of the National Capital Region (NCR or Metro Manila) Office of the Department of Environment and Natural Resources (DENR) for any administrative liability. The office is headed by Director Roberto Sheen.
The DENR chief came up with the decision after an executive committee meeting at the DENR Central Offices on Monday night. He later met with Party-list Rep. Angelo Palmones of Agham to explain to the lawmaker his side on the issue. The BusinessMirror, in its Tuesday issue, published Palmones’s exposé on the stockpiling of the coal at HCPTI allegedly in violation of environmental laws.
Palmones has set the filing of a resolution calling for a congressional inquiry into the stockpile of some 40,000 metric tons of coal at Manila Harbour Centre’s port, which, he said, threatens to pollute the air and Manila Bay’s waters, exposing the public to health risks.
He has also filed a writ of kalikasan on a mining operation in Zambales province, north of Manila. The writ is a court action to compel both the operator and the national and local government regulatory agencies to explain their action or inaction on an issue concerning the environment. Kalikasan is Filipino for “nature.”
Paje said of the action he took in connection with the Palmones exposé, “I’ve already ordered the LLDA, which has jurisdiction over Manila Bay, to immediately issue an order stopping the coal operation of Manila Harbour Centre. I’ve also asked DENR-EMB Director for Metro Manila Roberto Sheen to explain on this matter.”
He added that the DENR-EMB’s Metro Manila Office was the one that issued the environmental compliance certificate (ECC) supposedly authorizing the coal stockpiling.
“The issuance of the ECC is a devolved function. The DENR is receiving over 6,000 applications for ECC every day but only about 20 of these applications really reach the central office. Most of the applications for ECCs are processed by our regional offices. I’ve already asked the EMB-NCR office to explain,” Paje said.
When asked on the issue of occupational safety at Romero’s facility, the DENR secretary replied that it is better left to the Department of Labor and Employment (DOLE), which has competent authority over such issue to decide what the best course of action or actions should be taken.
“On the issue of pollution, it is the LLDA that has jurisdiction over it and I’ve already instructed [the agency to effect] the issuance of a cease-and-desist order against Manila Harbour Centre pending investigation,” Paje said.
Palmones earlier called on the DENR to issue a cease-and-desist order pending investigation by the House of Representatives’ committees on environment and natural resources, on labor and on transportation in connection with the stockpiling of the coal being manually loaded onto barges by workers without proper protective gear.
He said the Manila Harbour Centre lacks the necessary facilities for such operation, and the workers who manually transfer the coal to barges are exposed to various health risks.
More important, according to him, is that there is a continuing mandamus by the Supreme Court that directs various government agencies, including the DENR, to address the problem of pollution around Manila Bay. A mandamus is a writ commanding a person to perform a clear public duty imposed by law.
The mandamus alone, Palmones said, should be a reason for not allowing coal operations of Manila Harbour Centre or anywhere along Manila Bay.
He added that the congressional probe would also look into possible tax evasion committed by Manila Harbour Centre, which he said could have been paying taxes for only 40 metric tons (MT) of coal all along, instead of taxes for 40,000 MT because of “typographical error” committed by EMB’s Metro Manila office.
Palmones said he wants to know how much the Romero company has been paying in taxes for its operation considering the “typhographical error”—or the actual volume of coal being shipped out as against what was indicated in the ECC or pertinent business permits.
“Maybe a week or two after the July 26 opening of Congress, the investigation will begin,” he added.
Meanwhile, Sheen told the BusinessMirror that he welcomed any investigation. “I feel I’m being persecuted already. I’ve already explained my side to the DENR secretary. Hindi naman kami nagpapabaya sa aming tungkulin [We are not remiss in our duty]. Every day, since I assumed the position as EMB director for NCR, I was personally conducting site visits and inspection together with my teams as part of our job.”
He said the DENR-EMB is not the sole agency that issues business permits. As such, Sheen added, going after parties flouting occupational safety and hazard is beyond its authority.
According to him, he had submitted, along with his explanation to the DENR chief, recommendations on how to address pollution issues over the coal operations of Romero’s firm. He, however, said it is better left to Paje the DENR chief to evaluate the issues raised against the coal stockpiling at Manila Harbour Centre.
A legislator belonging to the Liberal Party of President Aquino has joined the call for a congressional inquiry into the reported stockpiling of coal along Manila Bay to determine if indeed some environmental laws and a Supreme Court writ have been violated.
Rep. Ben Evardone of Eastern Samar said also on Tuesday he is supporting House Resolution 2526 of Palmones, directing the House committees on ecology, on labor and employment and on health to conduct “an inquiry into the operation of the coal stockyards at the Harbour Centre Port Terminal Inc. and Manila Harbour Centre.”
Evardone said he wants to know why concerned government agencies did not act on the allegedly illegal coal operations especially so when they pose health hazards.
“Besides violations of laws, I am more concerned about the health hazards it poses to the people and the environment,” Evardone, chairman of the House committee on public information and a member of the committee on health, told the BusinessMirror in a telephone interview. source
In Photo: The coal operations in the Romero-owned harbor are constantly polluting the Manila Bay, according to observers, and pose health hazards to those who avail themselves of its waters in various ways.
No comments:
Post a Comment