EMB-7: Inayawan MRF needs CA clearance

CEBU, Philippines — A clearance from the Court of Appeals is needed before the Cebu City government can establish the Material Recovery Facility at the controversial Inayawan Sanitary Landfill.

This was the recommendation of the Environmental Management Bureau-7, Cebu City Environment and Natural Resources Office and City Legal Office to the City Council in line with the proposed ordinance of Councilor Eugenio Gabuya Jr., who chairs the committee on public services.

“It is therefore recommended that the City Government of Cebu should seek clearance from the Court of Appeals-Cebu City whether or not the said activity is allowed,” stated EMB-7 position paper which was signed by EMB-7 director Engr. William Cuñado on December 13.

Gabuya authored a resolution for the establishment of MRF saying this is an efficient and effective way to treat the tons of trash that the city generates.

The move is pursuant to Section 32 of the Republic Act 9003 otherwise known as the Solid Waste Management Act which provides that local government unit shall establish a MRF.

The MRF to be established at the landfill will process or treat different types of waste including organic wastes, paperboard, wood, plastic, construction demolition waste, textile, tins, rubber, and bottles.

The position paper also states that the proposed ordinance would run counter to the decision of CA that the city government is permanently stop dumping garbage at the Inayawan landfill.

Cebu City Environment and Natural Resources Office concur with the opinion of EMB-7, saying it is wise to consult the court on the legality of putting up such facility in order to prevent irregularities in the future.

“It is prudent to consult the Court of Appeals if the proposed establishment of the centralized MRF within the service area of the Inayawan Landfill is consistent with its decision,” stated CCENRO’s position paper signed by chairperson Nida Cabrera.

City Legal Office suggested that the city government should file a declaratory relief before the court in order to know the legality of putting up such facility.

“It is respectfully suggested that before it is implemented, or prior to the establishment of the infrastructure for the MRF, an action for declaratory relief be filed to determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder,” CLO’s position paper signed by City Attorney Joseph Bernaldez stated.

The opinion of EMB-7, CCENRO and City Legal Office were submitted to the council during the executive session of the proposed ordinance establishing MRF at the landfill last Wednesday.

In a separate interview, Gabuya said he is amenable to the recommendations.

“I will ask clarification or clearance from court before the implementation,” he said.

Meanwhile, EMB-7 suggested that the city government should implement the “No Segregation, No Collection” policy to reduce trash disposed at the final disposal site.

Rule IX Section 1.0 of Operations of Material Recovery Facility provides that all Local Government Units shall actively “promote the reduction and minimization of wastes generated at source.”

On the other hand, the Department of Public Services (DPS) poses no objection on the establishment of MRF at the landfill as it will help lessen the city’s hauling expenses.

“Thus, establishing a city owned MRF will help lessen the budget for garbage disposal services in the department since it could generate an estimate of P2.8 million savings per month or a total of P33 million savings annually,” the position paper of DPS states.  (FREEMAN)