Wednesday, January 11, 2012
CEBU CITY – The case filed against power companies over the allegedly illegal and indiscriminate dumping of coal ash may be settled amicably, instead of going through a court trial.
Kepco-Salcon Power Corp. (KSPC) and Salcon Power Corp. (SPC), owners and operators of two coal-fired power plants in Naga City, asked for “terms and conditions that are reasonable and just.”
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On the other hand, environment conservationists proposed conditions like the construction of coal ash dumps away from water bodies and the submission of reports on disposal of coal ash.
The conditions were enumerated in the pre-trial brief of the three parties, filed at the sala of Judge Marilyn Lagura-Yap on Monday. The Mandaue City Regional Trial Court Branch 28 has been designated as an environment court.
Lawyer Benjamin Cabrido, in his pre-trial brief, said petitioners for the issuance of an environmental protection order—which is supposed to stop the illegal and indiscriminate dumping of coal ash—are willing to enter into an amicable settlement with the case’s respondents.
“Provided the following conditions are met: A binding provision for the construction of private respondents’ respective coal ash facility, which should be away from flood plain areas, water bodies, mangrove and foreshore areas, geo-hazard areas and other areas prohibited by environmental laws, principles and administrative rules,” he said.
“A system of reportage and audit of compliance of all manner of conveyances, storage and disposal of coal combustion wastes upon all persons and entities involved in the handling and disposal of these wastes,” he added.
The petitioners include the Philippine Earth Justice Center Inc., Central Visayas Farmers’ Development Center, Central Visayas Fishefolks Development Center, and concerned citizens of the cities of Toledo and Naga.
The respondents, aside from KSPC and SPC, include Toledo Power Corp., Cebu Energy Development Corp. and/or Global Business Power Corp., Department of Environment and Natural Resources, Department of Energy, the Cebu Provincial Government, and the cities of Toledo and Naga.
Judge Yap issued a 72-hour temporary environmental protection order (Tepo) on the dumping of coal ash outside the premises of coal-fired power plants in the cities of Naga and Toledo last August 17, 2010.
In March 2011, the Tepo was extended indefinitely. Owners and operators were told to dump coal ash only in court-designated areas.
The order was issued after the court inspected the coal-fired power plants, their disposal facilities, and other dumping sites identified by the petitioners.
The court has disallowed KSPC to use the secured coal ash facility at the former Balili property in Tinaan, Naga.
At the core of a coal ash disposal agreement between KSPC and the Cebu Provincial Government is the use of a secured coal ash landfill located on the former Balili beachfront property.
Cabrido enumerated the issues that should be tackled, including the adverse health effects of exposure to coal ash, which contains toxic metals such as mercury and arsenic.
He also added as a topic for discussion the respondents’ “environmentally reckless” dumping of coal ash near water bodies in Toledo City and Naga City.
The KSPC and SPC, which are both represented by lawyer Guillermo Dabbay Jr., opts to discuss whether or not the companies indiscriminately dumped ash and whether or not environmental laws such as the Solid Waste Management Act and Clean Water Act were violated.
Discussions should also include whether or not there is a legal and factual basis for the continued effectivity of the Tepo, and if there is sufficient basis for the court to issue an environmental protection order against the power companies, said Dabbay.
The Tepo was modified, particularly for KSPC, in April and again in September last year.
KSPC, which was generating about 120 metric tons of coal ash daily, had nowhere to dump its coal ash and was allowed to use the ash pond at the nearby Naga Power Complex.
The Naga-based power company also was allowed to deliver 80 tons of coal ash to the facilities of Geo-Transport and Construction Inc. and FDR Integrated Resource and Recovery Management Inc. (BAP of Sun.Star Cebu)
Published in the Sun.Star Cebu newspaper on January 11, 2012.
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