MABALACAT -- Residents of some north-eastern villages here have denounced the alleged dumping of tons of garbage in an open dumpsite in Barangay Sapang Balen, this town.
They said the transformation of the remote Sapang Balen into a garbage dumping point does not only pollute the air of the nearby villages but also pose hazards to their health.
The existence or use of an open dumpsite is against the law.
Republic Act (RA) 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, prohibits the establishment or operation of open dumps.
Section 37 of the said law states: "No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including local government units (LGUs), which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this Act."
RA 9003, which was passed into a law on January 26, 2001, has required LGUs to convert their open dumps into controlled dumps until 2004 and to close their controlled dumps by 2006.
Violation of the provision against the establishment and operation of open dumps entail "a fine of P500,000 plus and amount not less than five percent but not more than 10 percent of his net annual income during the previous year."
Section 52 of RA 9003 provides that any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies against any person who violates or fails to comply with the provisions of the said law or any public officer "who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act."
"The Court shall exempt such action from the payment of filing fees and statements likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction," the law added.
The implementation of the Ecological Solid Waste Management Act of 2000 and the penalties it imposes has compelled provinces, cities, and municipalities to find alternative means to get rid of their garbage. Since 2006, LGUs have allotted funds for their waste management facilities, transport of garbage to sanitary landfills, and related expenses. (JAM)
