‘Fine not enough’: Let hospitals clean channel

CEBU, Philippines —  While fines have been imposed and a case is being built up against those involved in the indiscriminate throwing of at least 50 kilos of hospital wastes into the Mactan Channel, an environmental lawyer said all these are never enough.

Lawyer Benjamin Cabrido said that under the Clean Water Act, the erring hospitals and waste collection companies must be ordered solidarily to clean up the channel and tributaries.

“This is the reason why the liability and obligation must be solidary because one can't specifically identify which waste came from those named hospitals,” Cabrido said.

“Under the doctrine of res ipsa loquitor, the fact that the wrapper bags bore their names is prima facie evidence they owned those wastes,” he added.

Cabrido said he and his fellow environmental lawyers are willing to assist as special counsel to Lapu-Lapu City government if their assistance is sought.

Lapu-Lapu City Legal Officer Yuri Beluan said the city is now awaiting the responses of three hospitals asked to explain their side of the issue. These hospitals were reportedly outsourcing the disposal of medical wastes to a waste treatment firm in Mandaue City.

So far, only one has replied. Beluan did not reveal further details, though, pending investigation.

In Mandaue City, Nemesio Veliganio, the city information officer, said that the city’s Business Permit Section is ready to strip the business license of Davao City Environmental Care Inc. (DCECI), the waste treatment firm in Barangay Paknaan supposed to handle some of the floating medical wastes, in case the Environmental Management Bureau-7 decides to cancel its accreditation.

“Because the basis of issuing the business permit is DENR accreditation. If it’s cancelled by DENR, then we will also cancel the business permit,” said Veliganio, adding that the City Environment and Natural Resources Office is also investigating the matter.

EMB-7 has already fined DCECI and Chong Hua Hospital Mandaue and Cancer Center P250,000 and P110,000, respectively, after its inquiry showed that the two firms violated provisions of RA 6969 or the Toxic Chemicals and Hazardous Waste Management Act.

Umapad barangay captain Nelson Rubio said they, too, will conduct their own investigation as barangay garbage trucks (not from Umapad) were reportedly seen dumping hospital wastes near the Umapad dumpsite.

He said medical wastes found were also found at the dumpsite similar to those discovered in the waters off Lapu-Lapu.

Rubio said he will have a meeting with his council on Monday on what action to take against DCECI.

“Based on the result of our investigation, if it would be found that they violated something, then we will recommend either imposition of fine or closure of DCECI,” he said.

‘Alarming’

The hospital wastes recovered from the seas of Lapu-Lapu have alarmed environmental advocates.

“We are alarmed by this incident of medical waste found floating in the waters of Lapu-Lapu City. This should not happen as there have been an established policy governing disposal of healthcare waste (Joint DENR-DOH Administrative Order No. 2),” said Ramon San Pascual, executive director of Health Care without Harm-Asia.

San Pascual said that even if the concerned hospital pinpointed the blame to the outsourcing company that collects the bio-hazard waste, which should be subjected to an investigation, the hospital itself must do more to reduce, reuse, recycle such that waste, including plastics, can be minimized.

“In the end, instances such as this must serve as reminder to healthcare facilities that its oath of doing no harm does not only pertain to people and their patients but to the environment as a whole,” he said.

Oceans conservationists from Cebu have cried foul over the “loose” management and handling of medical wastes.

Weak Gov’t Agencies?

Vince Cinches, a staunch oceans campaigner, said that the incident is an indication that Cebu has unclear waste management, particularly in treating special or hazardous wastes.

He said it also shows how weak concerned government agencies are in implementing the environmental policies to ensure that these wastes are properly handled or disposed by the accredited service providers.

“They (concerned offices) should clearly put in place accountability to those involved in handling or managing these wastes,” said Cinches, who is currently part of the Save Sharks Network Philippines, and was once an oceans campaigner for Greenpeace Philippines.

He said private firms like hospitals should monitor how their wastes are being disposed by their chosen service providers – which should be part of the “extended” responsibility of the administrators or owners.

Unfortunately, he said, some firms are only concerned of “getting rid” of these wastes without checking if the handlers are even compliant with existing rules and guidelines.

Cinches said that aside from the effect to the environment or the marine ecosystem, the issue could affect tourism and health.

Cinches said medical wastes, which could probably carry viruses or contagious diseases, may spread into the nearby coastal communities.

‘Let Ombudsman check’

Lawyer Gloria Ramos, vice president for Oceana Philippines, was disheartened upon hearing the news.

“It is just so sad because either inland or on waters, there is lack of regard for the protection of our oceans and our ecosystem,” she lamented.

She said there should be a serious and thorough investigation into the matter, focusing on how come the wastes ended up in the waters if the service providers indeed complied with policies.

Ramos is calling on the officials from the Ombudsman to intervene by looking into the possible lapses committed by the concerned agencies if the environmental laws designed to conserve the oceans are strictly implemented.

She said the Environmental Ombudsman should also check if these officials have exercised their functions, particularly in making sure that these wastes are managed properly.

Ramos said this event should be an “eye opener” for people to take action in preserving proactively the oceans, which is slowly deteriorating because of irresponsible human activities.

She said that everyone should carry a sense of discipline and responsibility of disposing their own wastes at the proper places. —JMD (FREEMAN)