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Tuesday, September 07, 2004
IBP, DENR may sue 4 Metro Cebu cities
By Rose O. Versoza and Gingging A. Campaņa
CEBU CITY -- The Integrated Bar of the Philippines (IBP) and the Department of Environment and Natural Resources (DENR) should be the one to collect garbage.
Cebu City Mayor Tomas Osmeņa said this in reaction to the plan of the IBP and the environment department to sue four cities in Metro Cebu over their failure to implement the Solid Waste Management Act of 2001.
Osmeņa said he will turn over to both agencies City Hall's obligation to collect garbage. If not, "we will deposit it in their office."
"I'm serious. They're so smart. They know everything," the mayor said.
He also asked if IBP is working with DENR, Osmeņa scoffed and said, "Utro pud nang bright. It should be DBP. Disintegrated (Bar of the Philippines)."
The IBP served Monday a notice to sue on the cities of Lapu-Lapu, Mandaue, Cebu and Talisay for violation of the Solid Waste Management Act of 2001.
The notice specifically cites the cities' non-compliance with the mandatory segregation of solid wastes and the collection of un-segregated wastes, among others.
The IBP conducted an environmental compliance audit on the four cities and they found various violations of the law on solid waste, such as burning in the open dumpsite and un-segregated garbage collection.
The lawyers' group is giving the four cities 30 days from yesterday to make "necessary corrective measures," otherwise appropriate administrative, civil and/or criminal charges will be filed against the concerned city or barangay officials.
"We, in the IBP, believe that it is time to use the power of legal authority to enforce laws that have long languished in the sickbed of non-compliance. It is in this light that our countrymen and our children look upon you and your local government for leadership by example," the notice stated.
In contrast to Mayor Osmeņa's reaction, Mayor Thadeo Ouano and Lapu-Lapu City Councilor Mario Amores, who is also the chairman of the committee on environment, both find the IBP move laudable.
Amores believes that implementing waste segregation at the household level within 30 days is doable.
"I don't think we will come to that (filing of charges). I don't look at this in the negative sense," said Amores.
Ouano, for his part, believes Mandaue City needs more time to implement waste segregation.
"Although we want to, we need to educate people. This is good but we need more time," said Ouano.
Lapu-Lapu City has allocated P10.3 million in its annual investment program for solid waste segregation that will be implemented next year.
Councilor Amores said they are already in the process of closing down their open dumpsite in Barangay Mactan to pave the way for a new method in disposing garbage.
Antonio Oposa Jr., chairman of the IBP-Neat, said that before LGUs start planning complicated solid waste management programs, they can simply start by providing two trash cans, one for biodegradable materials and another for non-biodegradable wastes.
He said they are not only serving the notice, they are also extending technical, legal and financial assistance to the LGUs.
The IBP is just providing the "impetus" to push them into seriously adopting a solid waste management program, starting with waste segregation.
In a separate interview, Councilor Nestor Archival said that for lack of funds, Cebu City is having a hard time meeting the costs of managing solid wastes, specifically maintaining the sanitary landfill in Barangay Inayawan.
"With only a P30-million take and about P60 to P70 million cost of maintaining our garbage collection system, we have a huge deficit," he told Sun.Star.
Archival had proposed an amendment to City Ordinance 1361, the garbage ordinance, to increase the schedule of garbage fees from commercial and industrial establishments.
The proposed amendment, however, had remained pending in the 9th City Council so Archival, chairman of the committee on environmental management, wants to resubmit his proposal to the new council.
Oposa, Gloria Estenzo-Ramos, IBP-Neat deputy chairman for the Visayas, IBP Cebu Province president Manuel Monzon and IBP Cebu City president Democrito Mendoza, who all signed the notices, arrived at the Lapu-Lapu City Hall past 10 a.m.
Since Lapu-Lapu City Mayor Arturo Radaza was not around, City Administrator Teodulo Ybaņez received the notice in his behalf. Amores, who managed to catch up with the group, discussed with them briefly Lapu-Lapu's 10-year Solid Waste Management Plan (Swamp).
The four IBP officials, along with IBP volunteer Atty. Rolando Chiu and a staff member from the Environmental Management Bureau, then proceeded to Mandaue, Cebu and Talisay cities.
Oposa said the municipality of Los Baņos, which is the first LGU that the IBP has sued, managed to implement waste segregation within 60 days from receipt of their notice to sue, barely spending P200,000 for it. IBP eventually withdrew the charges that they filed against Los Baņos officials.
(September 7, 2004 issue)
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