THE company involved in dumping hazardous waste in Barangay Mudiang and Indangan Davao City will face penalties for its violations but claimed that they were not aware that there was a law against what they were doing.
“According to them they are not aware nga naay balaod nga ing-ana (there is a law against that). Ana ang DENR (Department of Environment and Natural Resources) nga i-follow nila ang policy. Gi-admit nila na at fault sila and gi-correct man pud nila, (DENR said they have been told to follow government laws (on dumping hazardous waste). The company admitted that they were at fault and were able to correct their system),” Davao City Councilor Tek Ocampo, chairperson of the committee on environment and natural resources, said in an interview with SunStar Davao on October 27, 2022.
Ocampo added, “Kung wala silay kalabayan, let an authorized company nga maoy mokuha sa ilahang mga hazardous waste for treatment (If they do not know where to dump these hazardous wastes they should let an authorized company collect and treat it).”
He said the company plans to dispose of its waste inside its premises instead.
“Gi-remind sila sa DENR nga under sa atoang balaod sa national law nga you cannot do that (They were reminded by the DENR that they are not allowed to do that under the national law). You must have proper waste disposal,” Ocampo said.
This case was first known in the area after residents in Barangay Mudiang and Indangan complained about the slippery road in their area. The slippery road has caused vehicular accidents in the area.
“Katong gipang-dumped nila, gipangtanggal na, ug gibalik na nila sa natural state tong kalsada. Unya ibalik sa ilahang planta (company) (They have already removed their waste and the road has returned to its natural state. The waste was brought back inside their plant),” Ocampo said.
He said DENR provided the company with a list of accredited companies to process and treat hazardous waste.
The involved company also faces multiple penalties due to violations under local ordinances wherein they will face a fine of P5,000. They also made violations of policies being implemented by the City Environment and Natural Resources Office (CENRO), and a P50,000 fine for violation of policies implemented through DENR. The agency has also yet to release the total fines and official list of penalties the company will face.
The "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990," also known as Republic Act 6969, prohibits the entry of hazardous and nuclear wastes, even in transit, and their disposal within the Philippine territorial limits for any reason. It also limits or outlaws the production, sale, distribution, use, and disposal of chemical substances and mixtures that pose an unreasonable risk to human health or the environment.
Any person who violates Sections 13(a) through (c) of this Act without being covered by the Probation Law faces a prison term of six months to six years and one day, as well as a fine of P600 to P4,000.
However, any partner, president, director, or manager who knowingly permits any breach of the law by a partnership, company, association, or other legal entity is criminally liable as a co-principal and personally culpable for the workers' actions. KSD