Reyes’ directive came after two trucks, which reportedly belonged to Malabanan’s excavator and plumbing services operating in the metropolis were recently apprehended for illegally dumping "poso negro" sludge in an open street drainage system in Pasig City.
According to Reyes, the E. Malabanan Belen (EMB) Excavator and Plumbing Services and BAM Plumbing Services, which own the two trucks, were found to have been operating without the required Mayor’s permit and Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR).
He added that a check from the Department of Trade and Industry (DTI) showed that EMB Excavator and Plumbing Services and BAM Plumbing Services were registered as single proprietorships owned by Malabanan.
At the same time, Reyes instructed the Laguna Lake Development Authority (LLDA), Environment Management Bureau (EMB), regional executive directors, and regional directors to conduct immediate investigation on the plumbing and excavation businesses in their respective areas.
"We have reasons to believe that these activities have been going on for some time because they don’t have an ECC and other required permits," Reyes pointed out.
"I think they had been apprehended before... but we have to put a stop to this now. Hindi pa nga nagsisimula ang 10-year program natin sa Pasig River andyan at nagtatapon na sila. (Our 10-year program for the Pasig River has not even started and they are already throwing waste). We will be very serious on this," he said.
Reyes said the government is likely to file civil, criminal, and administrative charges against the siphoning firms for violating certain environmental laws such as Republic Act 9275 or the Philippine Clean Water Act, Presidential Decree 825 or the Illegal Dumping Law, Presidential Decree 856 or the Code on Sanitation of the Philippines, and the city ordinance on waste management.
The DENR chief also said that the sludge being dumped by the EMB Excavator and Plumbing Services and BAM Plumbing Services will be examined by the agency to determine if they contain toxic substances.
If the sludge were found to have toxic matters, the two companies will also be charged with a graver offense for violating Republic Act 6969 or the Hazardous Waste Management Law.
"I directed the Pollution Adjudication Board (PAB) to convene immediately to determine the fines for the violations committed by EMB Excavator and Plumbing Services and BAM Plumbing Services," the DENR Secretary noted.
"The two companies basically committed illegal discharge of wastewater. The penalty would be somewhere between P10,000 to P200,000 per violation," he added.
On May 9, the trucks of EMB Excavator and Plumbing Services and BAM Plumbing Services were apprehended for illegally dumping "poso negro" sludge in a drainage system along Avis St. corner Santiago St., near Sta. Rosa Bridge in Barangay Bagong Ilog.