At least until January 1, 2017: Tomas asks for time to look for an alternative landfill

CEBU, Philippines - Cebu City Mayor Tomas Osmeña has asked the Court of Appeals to give the city government until January 1, 2017 to look for an alternative landfill.

He made the proposal after it was agreed, per recommendation by the Department of Environment and Natural Resources, that the Inayawan landfill should be closed already.

Of the 11 landfills in Cebu, DENR identified five as operational facilities, two of which are private-owned are both located in Consolacion town, Cebu, while one each is operated by local government units of Talisay City, Asturias town, and Balamban town.

Osmeña said he could not yet divulge where the city would temporary dump its garbage considering that it has to undergo bidding.

The city government also still has to look for a budget as it was not included in the proposed budget for 2017.

Earlier, it was reported that the city government allocated P600 million for the rehabilitation of the landfill. The budget, however, does not include looking for another landfill.

The mayor, though, said that with or without a budget garbage has to be collected.

"I have to collect the garbage. We have no choice," he said, as failing to do so would result to garbage in the streets, causing sickness.

During the CA hearing yesterday, the justices noted the proposal of the mayor.

Meanwhile, City Councilor Joel Garganera, who filed the petition asking for the issuance of Temporary Environmental Protection Order against City Hall, said there is urgency for the Inayawan landfill to already stop operating since residents living near the area are at high risk of getting sick

He said the CA should take note that the City Council had given the mayor six weeks ago the authority to negotiate with other LGUs for an alternative landfill to solve Cebu City's garbage disposal problem.

Garganera said the mayor instead responded that he would dump the garbage either at the South Road Properties, at the Malacañang sa Sugbo, or in front of the legislative building when asked by the media what he would do if the landfill is closed.

The councilor said that the private-owned landfill in Consolacion is the nearest site where the city can temporarily dispose its garbage.

In fact, Garganera, through legal counsel Jasper Lucero, presented before the CA a certification stating that the town is willing to help.

The court earlier suggested that City Hall re-negotiate with the owner of the Consolacion landfill while a long-term plan is being worked out.

But Osmeña did not want to re-negotiate for the Consolacion landfill because the transaction its owner entered into with the city was not covered with a contract.

Yesterday, Osmeña said in the presence of the CA justices that he does not want to dump the city's garbage in Consolacion because the tipping fee is quite expensive and his administration's top priority is to offer scholarships.

Previously, the city paid the Consolacion landfill P700 per ton of garbage. With the city disposing of at least 600 tons of garbage per day, it means City Hall spent P420,000 a day.

Meanwhile, Executive Judge Gabriel Ingles said they believe the city government could not look for an alternative landfill within just a short period of time. Because of this, the CA decided to give both parties 15 days to submit their position papers; after which, they would rule on the petition for the issuance of a TEPO.

During the hearing, DENR also suggested (which the court later approved) that since determining when the landfill would actually cease operating is still contentious, there should be a meeting together with the involved parties to finalize such.

Osmeña said he was willing to sit down with the concerned authorities to settle this matter.

"I will sit down with DENR. I am not willing to sit down with Garganera because he is not credible," he told reporters.

In response, DENR legal counsel Cheryl Angeline Roque said they would have to set the date of the meeting.

Also, during the hearing yesterday, Department of Health-7 Engineer Henry Saludar appeared as resource speaker along with representatives from EMB-7, personnel from the  city government (including former city councilor Nida Cabrera, who was tasked to oversee the reopening of the landfill), former city councilor Roberto Cabarrubias, now the Department of Public Services head.

Lawyer Gerald Yu, the mayor's legal counsel, was also present.

The hearing stemmed from the Writ of Kalikasan petition Garganera filed before the CA last September 24 for the Inayawan landfill to stop its operation. It also asked for a TEPO to be issued.

"The reopening of the dumpsite again involves the large-scale dumping of unprocessed garbage into the area, in blatant violation of the laws governing solid waste management," read Garganera's 40-page petition prepared by his lawyer Jasper Lucero.

It came after the Department of Health-7 last September 6 submitted the findings of its site inspection of the landfill led by Engineer Henry Saludar, DOH-7 regional sanitary engineer.

Meanwhile, the Environmental Management Board7 also informed the city that it committed 13 environmental violations in opening the landfill.

Last October 12, the CA deferred resolution of the petition because it wanted both Garganera and the mayor to come up with a "win-win solution," giving both parties the opportunity to look for an alternative site for the city to dump its garbage.  (FREEMAN)