On Naga fly ash dumps: Notice to sue endorsed to Provincial Board

CEBU, Philippines - Vice Governor Gregorio Sanchez, Jr. has endorsed to the Provincial Board a notice to sue and an “urgent request” for investigation and ocular inspection filed by the office of Global Legal Action on Climate Change-Cebu in connection with its inspection to the coal ash dumps in Naga town.

In August 26 of this year, GLACC sent notices to sue government officials, namely Governor Gwendolyn Garcia, Sanchez, Naga Mayor Valdemar Chiong, Vice Mayor Delfin Senor, Department of Environment and Natural Resources 7 former director Alan Arranguez, DENR Secretary Joselito Atienza, DENR 7 director Leonardo Sibbaluca, DENR-EMB 7 director Rolando Luego, and Hoon Lim, president and chief executive officer of KEPCO SPC Power Corporation.

According to the environmental group, these government officials had violated the Philippine Clean Air Act of 1999, Philippine Clean Water Act of 2004, Ecological Solid Waste Management Act of 2000 and the Local Government Code when they allegedly allowed the “open” and “indiscriminate dumping” of fly ash by KEPCO. 

In its notice to sue, GLACC alleged of the “approval, tolerance or indifference” of the officials of the DENR, the province of Cebu, and the municipality of Naga, and that the coal ash dump site has polluted the water, air and land” of the said local government unit.

GLACC further alleged that the waters in Naga are “now contaminated,” which affect at least 50 families there, who are now forced to source out their water from other sitios.

“People are getting sick of respiratory and other serious ailments. Data are lacking as to how many deaths have occurred, by the Environmental Impact Statement of KEPCO SPC Power Corporation, submitted to ADB for its US$120-million loan facility clearly recognized that cancer, heart and upper respiratory ailments are prevalent among the people living near the coal power plant,” read the notice to sue.

The notice to sue was signed by environmental lawyers Gloria Estenzo-Ramos and Benjamin Cabrido; and environmental warriors Vince Cinches, Santiago Ortiz, among other members of GLACC.

They argued that the “indiscriminate dumping of coal ash poses serious health risks and is beyond cavil.”

“There is no showing that the LGUs concerned have bothered to monitor the health of their constituents in relation to the operation of these carbon-emitting industries and the open dumping of wastes from industries such as coal power plants,” read the notice.

GLACC has implicated Garcia for entering into a memorandum of agreement with KEPCO for the coal ash landfill in barangay Tinaan, where the province had already bought the property for it.

The group had asked that the governor would “rescind” the MOA, and “to consult the people” as required in Sections 26 and 27 of the Local Government Code, “prior to undertaking projects and programs that harm the environment and negatively impact the health and lives of the constituents.”

It also asked Sanchez to rescind Resolutions Nos. 2804-2009 and 3898-2009 which gave the governor authority to execute the MOA.

The group has given the government officials 30 days “to take necessary corrective and compliance measures.”

Otherwise, the group said, they will initiate appropriate administrative, civil and criminal actions against all concerned officials.

Garcia, during the 2nd Governors’ Global Climate Change Summit in Los Angeles, California, USA last September 29 to October 3, talked about the province’s “massive reforestation effort” which resulted in the planting of three million growing fruit trees in coordination with the Department of Education. Garcia also shared to all subnational governments, that attended the event, Cebu’s activation of coastal resource management clusters to monitor, protect and enhance its 81 marine protected areas; the propagation of one million mangrove propagules and or seedlings to make its coastal communities more resilient to climate change; its grassroots campaign on awareness, of education and of positive, lasting change through the eGwen project.

The summit was a bold call for subnational governments to lead the way in finding and implementing innovative strategies and solutions to reduce the impact of climate change on Earth – to reduce greenhouse gas emissions. The agreements reached in the summit will be presented in the next global leaders’ meeting in December in Copenhagen.

The Summit brought together an unprecedented number of global leaders from six continents – Africa, Asia, Australia, Europe, North and South America. Garcia was the sole representative from the Philippines. – Liv G. Campo/MEEV   (FREEMAN NEWS)