The issue stemmed from the complaint letter of Capitol subdivision homeowners association represented by its president Allen Quimpo to DENR Secretary Elisea Gozun, alleging that the DENR field Office in Kalibo failed to act on the requirement for the smoke testing centers within the subdivision, which is considered as a residential area as it appeared in the zoning of the municipality of Kalibo.
The Sangguniang Panlalawigan (SP) of Kalibo had also approved a resolution dated Sept. 4, 2003, opposing the operation of the testing centers within a heavily populated residential and business center. The resolution also stated that the area is considered as environmentally critical, thus, smoke emitted by these PETCs is detrimental and hazardous to health.
EMB Region VI Director Samson Guillergan said he attended the SP session of the province of Aklan last Aug. 1 to hear the complaint of the subdivision residents against the private emission testing centers (PETC) identified as Ramgar Private Emission Testing Center.
During the session, Guillergan informed the body that the identified PETCs are not within the coverage of the EIS system under PD 1586 pursuant to EMB-MC No. 2003-01. He explained that the activity supports the overall program of abating air pollution from mobile sources based on the Clean Air Act (RA 8749) and harmful effects from the operation of the testing center and can be readily mitigated through appropriate engineering intervention.
On Aug. 18, 2003, the DENR issued a certificate of non coverage (CNC) to Ramgar PETC by virtue of their application for such, and the office had likewise provided technical advices to the proponent on the suitable engineering intervention that may be applied to address the perceived harmful effects to the environment.
Again on Sept. 19, 2003, RD Guillergan attended the consultation meeting of the Zoning Board of Appeals of the province chaired by Mayor Raymar Rebaldo whose focus was more of a zoning rather than environmental considering that the existing use of the identified PETCs are already mixed use and not purely residential and institutional as specified in the approved town plan of Kalibo. The issue of locating the PETCs within the Capitol subdivision rests now on the decision of the Zoning Board of Appeals.
With this, the Ramgar is requesting variant from the Zoning Board of Appeals who already conducted public hearing to decide on the matter and once granted, the role of the DENR is to conduct ambient air quality test and emission testings to check the air pollution contributed by the concerned PETC. DENR will also check on the adequacy of their pollution control devices.