For operating Binaliw landfill: Councilor believes Cabrera helped developer get ECC

CEBU, Philippines - Cebu City Councilor Joel Garganera believes that the head of the city’s environment office connived with the owner of a construction company in securing the Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR) Manila for the development of landfill facility in Barangay Binaliw.

This after Garganera learned that both Cebu City Environment and Natural Resources Office (CCENRO) head Nida Cabrera and ARN Builders owner, Arnold Espinoza, are both currently in Manila.

“Is she (Cabrera) lawyering or representing the ARN Builders? Kay para nako maong isog kaayo ning developer (ARN Builders) mo-start sa pagdevelop sa area without securing the necessary permits earlier kay naa’y nagpaluyo ani,” Garganera said.

Cabrera had earlier divulged that ARN Builders, the contractor of the proposed materials recovery facility (MRF) in Sitio Kainsikan, Barangay Binaliw, already acquired the ECC direct from DENR-Manila to operate the landfill facility.

To recall, Environmental Management Bureau (EMB)-7 and Barangay Binaliw had issued on March 27 a cease and desist order to ARN Builders, the contractor of the proposed materials recovery facility (MRF) in Sitio Kainsikan, to stop its reported illegal quarrying operations.

Garganera, who chairs the council committee on environment, said that during yesterday’s public hearing on the complaint, ARN Builders representative Ronald Cabunilas said that they cannot yet present the ECC document as it was still with Espinoza in Manila.

Garganera then concluded that it was not a coincidence that both Cabrera and Espinoza are both currently in Manila on separate appointments.

“Nida is also now in Manila, how come she knew nga naa na’y ECC (Environmental Compliance Certificate) ang developer nga ang document naa pa man ron sa Manila?” said Garganera.

Garganera added that he considers the move of the developer securing ECC from DENR-Manila and not from DENR-7 or from EMB-7 as “highly illegal.”

“Everything must be processed here… Ang ato lang ba, ang manner they go through kay daghang short cuts. Wala sila’y respeto sa barangay, City Planning Office, Zoning Board, labaw sa tanan ang balaod sa DENR and EMB-7 ug sa tag-iya sa maong yuta,” Garganera emphasized.

When questioned why they processed the ECC in Manila and not here in Cebu, Cabunilas answered that they are following a DENR memorandum directing developers to ask for prior approval from the head office.

To this, Garganera said: “Dili gyud na mao ilahang gihimo. Ang naa sa memo ang gikinahanglan lang og prior approval kay non-renewable energy, monoculture plantation over five hectares, genetic modification, reclamation or land restoration, projects using persistent organic pollutants.”

In a separate interview, Cabrera denied the allegation of Garganera, saying she was not helping the ARN Builders.

Cabrera said she was in Manila as the city’s representative to the “Capacity Development of Local Government Units in Compliance to Environmental Permitting Requirements” workshop organized by the EMB.

“As I said in my answer previously, as in-charge of the regulatory and enforcement body of the city, I will make sure that all projects under category must be scrutinized if it complies [with] the necessary and legal requirements. I don’t help them, I just give them what to comply,” Cabrera said.

On how she learned about the company having already acquiring the ECC permit, Cabrera said she was informed by the developer.

Cabrera also explained that under the new set of EMB guidelines, all projects under Category A must be processed in DENR-Manila. These projects include landfill, quarry, highly critical projects with hazardous elements and other development projects in areas over two hectares.

Meanwhile, the Cebu City Zoning Board has temporarily deferred the public hearing until ARN Builders can clarify its project application, considering that the later applied to operate an MRF and not a landfill facility.

Milagros Englis, the lot owner who had lodged the complaint against ARN Builders for illegal quarrying, was not present at yesterday’s public hearing as she was not informed about it.

Binaliw village chief Wilson Bacor was also absent as he was informed just a day before the hearing and he already had a prior commitment. (FREEMAN)