EcoWaste sues San Mateo officials

MANILA, Philippines - Residents and environmentalists led by the Ecological Waste Coalition (EcoWaste) yesterday sought a temporary restraining order (TRO) against the alleged operation of an open dumpsite in San Mateo, as they filed a case against local officials in violation of the Ecological Solid Waste Management Act (R.A. 9003).

Invoking the people’s right to file a “citizen suit” under the law, the group accused San Mateo Mayor Jose Rafael Diaz and Barangay Captain Cecilia Laceste of “clear and blatant violation of the law” that prohibits and penalizes open dumping.

According to EcoWaste, Diaz and Laceste should be held liable for the illegal dumping in the Marikina watershed that is happening right under their noses. It claimed that there is an illegal operation of a municipal dump inside the watershed, putting at risk the health and safety of the residents of Barangay Pintong Bukawe and other nearby villages.

Lawyer Armand Mejia, legal counsel of EcoWaste, described the open dump in Barangay Pintong Bukawe as “grossly and patently “ violating Sections 37 and 48 of R.A. 9003, which bans the maintenance and operation of open dumps.

The filing of the 14-page complaint against Diaz and Laceste before a regional trial court in San Mateo coincided with the anniversary of the “much-maligned” national deadline of closure for open dumps (Feb. 16, 2004) and controlled dumps (Feb. 16, 2006).

“Mayor Diaz and Barangay Captain Laceste have abused their power and positions and have brazenly defied R.A. 9003. By operating the municipal dump inside the Marikina Watershed, they have put at risk the health, safety and well-being of the residents of Barangay Pintong Bukawe and adjacent communities,” Mejia said.

The complainants asserted that Barangay Pintong Bukawe is an environmentally-critical area as it is inside the Marikina Watershed Reservation. The dump, which purportedly caters to mixed solid wastes of San Mateo since 2003, is allegedly situated along a ravine with a waterway located below.

Declare as illegal

EcoWaste asked the court to declare the open dump in Barangay Pintong Bukawe illegal and to order for its permanent closure and subsequent rehabilitation.

“Adding insult to injury, the two officials also allowed the construction of a new waste disposal facility in Barangay Pintong Bukawe,” Mejia said, referring to the planned P380-million landfill also in San Mateo.

Various environment groups and residents have been opposing the ongoing construction of the new landfill in San Mateo, as they believe that the establishment of another landfill in San Mateo could bring catastrophe to the residents of the area and environment.

Kalikasan-People’s Network for the Environment (Kalikasan-PNE) said the new landfill project lacked prior consultation with the affected communities, even as the project site was identified as part of a watershed reservation.

Kalikasan-PNE noted that the new landfill in the area, once operational, will produce large amounts of leachate that will seep through the ground, thereby polluting the soil, groundwater, and nearby rivers.

Also, the group said, the 200-hectare area to be covered by the new dumpsite is part of a 473-hectare area designated as Protected Forest Area by the Land Use Plan of San Mateo.

The latest dumpsite project is said to be spearheaded by municipal mayor Jose Rafael Diaz with the support of Rizal provincial government through Gov. Casimiro Ynares III, according to Kalikasan-PNE.