The Environmental Management Bureau (EMB) – 7 has ordered Chong Hua Hospital Mandaue and Cancer Center (CHHMCC) to pay for a fine of P110,000 within fifteen (15) days for their violations involving medical wastes found floating at the shores of Lapu-lapu City last January 5, 2019.
This was the resolution of EMB-7 after going through the position paper submitted by CHHMCC received by the Office on January 24, 2019.
The position paper was an appeal by the respondent during the Technical Conference conducted by the said Office with CHHMCC for having violated the provisions of Republic Act (RA) 6969 or the Toxic
Substances and Hazardous and Nuclear Wastes Control Act based on the findings of investigation conducted.
As per investigation, CHHMCC failed to file manifest forms for its treatment and disposal of healthcare wastes and allowing the use of pull-out documents as proof of hauled medical wastes instead of using
the prescribed Manifest forms version 2018 pursuant to DENR Administrative Order (DAO) 2013-22.
Moreover, there was inconsistency of data presented on the Self-Monitoring Report (SMR) compared to the data in the pull-out forms wherein there was a total of 33 metric tons (MT) were hauled by DCECI.
However, the latter was only permitted to take and receive 30 MT of wastes.
In the position paper, CHHMCC stated that they engaged the services of DCECI for the transport, treatment and final disposal of its medical wastes since 2016 which as contained in their Memorandum
of Agreement (MOA).
Accordingly, among the services incorporated in the MOA was for DCECI to transport the medical wastes to their facility, and to secure the manifest and comply with the Manifest System and its procedures.
Further, CHHMCC declared in their position paper that under the MOA, the DCECI was to “assume full responsibility and risk in the transport of these wastes from the hospital to the TSD facility”.
After a thorough evaluation of the position paper submitted by CHHMCC, a resolution was crafted by EMB-7 ordering the management of CHHMCC to pay the fine amounting to P110,000.00 within fifteen
(15) days from receipt of the said resolution.
“Respondent (CHHMCC) cannot seek refuge by invoking its MOA to secure and submit the Manifest Forms, and Certificates of Treatment to this Office. Respondent should have monitored and made sure
that DCECI has indeed submitted the required documents to this Office, which the former has miserably failed to do so”, read the resolution.
EMB-7, however, makes it clear that nowhere in the said NOVs that this Office has accused CHHMCC of throwing its wastes to any surface water including Mactan Channel.
“It is clearly stated in the law that the generator of any waste should be responsible for the management, treatment, and safe disposal of medical wastes including the preparation and submission
of the required documents regardless if they acquire the services of a third party. Both parties are severally liable for any misdeclaration in all documents submitted to our Office. Let us always remember the cradle to grave principle in waste management of gaseous, liquid, solid or special wastes.” Regional Director Engr. William P. Cuñado reminded all concerned stakeholders.
EMB-7 has yet to finalize the resolution for DCECI. (PR)