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Wednesday, October 08, 2003
EMB orders contractor to pay P32-T for public market
By Lizanilla Amarga
CITY Hall's contractor for the re-development of Carmen Public Market is now directed to pay P32,500 for operating without an environmental compliance certificate (ECC).
Local Environmental Management Board (EMB) 10 chief Sabdullah Abubacar said he ordered UKC Builders, Inc. to pay the fine for failing to secure an ECC for the re-development of Carmen Public Market.
"They have filed for a motion for reconsideration but I stand by my decision to make them pay P32,500 for failing to secure an ECC before they started construction," he told Sun.Star Cagayan de Oro yesterday.
He added that the fine must be paid by UKC Builders, Inc. upon the receipt of his order dated Oct. 6, 2003.
Abubacar recounted how the report of his inspection team last Aug. 25 has clearly revealed that the ongoing Carmen re-development project was implemented without the necessary ECC.
This he said violates Sec. 4 of Presidential Decree 1586 and its implementing rules and regulations.
Because of this Abubacar said he issued last Sept. 8 a Notice of Violation for failure to secure an ECC and directed the contractor to submit an explanation on why it should not be penalized for implementing the project without the necessary ECC.
Adverse impact
Abubacar said UKC Builders, Inc. has submitted its explanation last Sept. 16 citing grounds on why penalties should be waived in its favor.
UKC Builders, Inc. enumerated several reasons on why they should not be fined P32,000 as well the lifting of the cease and desist order.
They said in their motion that their construction firm "is only the contractor for the City Government of Cagayan de Oro, the owner of the Carmen Public Market which is being reconstructed by virtue of an Agreement-Revelopment of Carmen Market."
It claims that it was of the belief that of because of this, all government clearances were in order, including the ECC.
"Because the project owner is the City Government of Cagayan de Oro," its motion reads.
It also stated that the project does not cause any adverse or negative environmental impact "since an Environmental Examination was made.
The examination was done in aid of visual materials in the form of maps and pictures obtained from the Mines and Geoscieces Bureau (MGB) of the Department of Environment and Natural Resources (DENR) as "basis of the Project Study and Redevelopment-Agreement with the City Government."
Abubacar said he already issued an ECC for the Carmen Public Market Redevelopment Project and lifted the cease and desist order.
"They have already completed the requirements for the ECC so I have already issued them one but this does not mean they will not be made to pay the P32,000 fine," he said.
BOT scheme
The Carmen re-development project involves the construction of a two-storey building with the provision of public comfort rooms at each floor including sidewalks, parking space and a wastewater treatment facility for a one year contract.
Abubacar's decision came even as Mayor Vicente Emano is eyeing UKC Builders, Inc. as the same firm to also undertake the Cogon Public Market Redevelopment project.
The City Council revoked last Monday its pact with Hamm Asia, Inc., the contractor which was supposed to undertake the redevelopment of the Cogon Public Market.
Already, Uy Yian Ping, president of UKC Builders has submitted their company's technical and financial proposals for the Cogon Public Market Redevelopment project to be undertaken by them in a BOT scheme.
According to the City Hall's newsletter, The Power, Uy claimed that his company has already been pre-qualified by the city having participated in different pre-qualification stages of the BOT projects and has the capability and capacity to undertake the project.
He said the project could be completed in eight months time, starting next month.
He added that UKC is willing to undertake the demolition of the old existing structure at its own risk, while theplans and the cost estimate of the redevelopment project is being reviewed by Emano.
UKC Builders, Inc. is known to be the the construction firm which has been awarded most of the city government's multi-million infrastructure projects initiated by Emano.
Among these projects are the P363 million Bulua Integrated Westbound Terminal and Public Market and the ongoing P648 million Taguanao-Balulang bridge and road network.
The Carmen Public Market redevelopment is estimated to be worth at least over P200 million under a Build-Operate-Transfer (BOT) scheme.
(October 8, 2003 issue)
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