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Wednesday, July 26, 2006
Measure on recovery of empty chemical containers ‘unlawful’: prov’l atty By Jane Cadalig
THE Benguet Provincial Legal Office (PLO) has declared that a municipal ordinance of Buguias that requires chemical companies in the town to retrieve their empty containers from the municipality “is unlawful”.
While appreciating the intention of the regulation, the PLO said its constitutionality is questionable saying that the disposal of products bought from any firm already lies with the buyer and is no longer the responsibility of the distributor.
In a bid to preserve the town’s environment and spare their constituents from the hazards of harmful chemicals, the local government of Buguias recently passed an ordinance that required chemical firms to get back all empty chemical bottles and other containers from designated recovery sites located in the municipality.
Under the measure, farmers should bring all their empty chemical containers to the waste recovery areas and each company has been ordered to retrieve its respective empty packages from there.
Companies that fail to recover their containers will be fined with a penalty in the amount ranging from P500 to P2,500 and/or its owners are meted imprisonment.
Farmers are likewise asked to collect the empty containers and bring these to their designated garbage collection areas for easy recovery by the chemical firms.
Said ordinance was passed following a study that disclosed that the contamination of potable water in the town was attributed to the spillage from empty containers of pesticides, fungicides and other chemicals used by the farmers.
But the PLO said it is improper to ask chemical companies to recover their containers from the place these were sold since this responsibility has already been transferred to the one who bought the product.
"It shall be considered that ownership of those chemical products for farming, once purchased from its manufacturer, distributor or outlet, is passed to the purchaser. Thus, any liability that may arise from the improper disposal may be attached to the purchaser," the PLO said.
The Provincial Board, meanwhile, referred the ordinance to their committees on environment, agriculture and on legal latters for further study and review.
The ordinance was earlier endorsed to the board for favorable review.
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