Coal ash landfill check yields more questions
More questions were raised during a second ocular inspection of the coal ash landfill site in the Balili property in barangay Tina-an, Naga City, yesterday afternoon.
Mandaue Regional Trial Court Judge Marilyn Ligura Yap of Branch 28 led the inspection of ongoing work in the ponds built by the provincial government.
She took photos of the site, including the coal ash pond.
The Korean Electric Power Corp. (Kepco), which asked the environment court to inspect the province-owned site, is disposing of its coal ash waste in ash pond used by neighboring power firm Salcon in Naga City.
However, Kepco management said the Salcon coal ash pond can only accommodate their wastes until September.
Benjamin Cabrido of the Philippine Earth Justice Center (PEJC) said the Capitol’s reclamation of a spring source in the area violates the Water Code.
Cabrido said they will ask the court to require the Capitol to disclose the amount spent by the province for the development of the landfill to determine whether it is commensurate to the US $1 per ton fee of coal ash paid by Kepco.
He said the Environment Management Board (EMB) should clarify which law governs the construction of the landfill.
Cabrido said he believes the relevant law is Republic Act 9003 or the Solid Waste Management Act.
But Alan Arranguez of the EMB said the landfill site is in accordance with RA 6969 or the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.”
The ocular inspection also showed a creek’s water flow diverted from residential areas to the sea since it was filled with land for the six-meter access road in the landfill.
Crispin Salin, a 22-year-old resident of the area, said their house and seven others were flooded with rainwater last June since their drainage to the sea was blocked.
The eight houses were located 20 meters in front of another pond alongside the smaller pond completed for the coal ash waste.
The area also has two water sources, which the residents used for bathing and laundry.
The court found stagnant water pools in the property, which is part of the covered creek.
Capitol engineer Adolfo Quiroga said they would make an alternate path for water to exit towards the sea.
Developers made a half-meter-wide creek from the ponds to allow the circulation of water to the sea and avoid the death of several mangrove trees due to water stagnation.
Judge Yap noted some dead fish floating in one of the ponds and ordered them tested for possible chemical content.
She asked how the Capitol would prevent water from overflowing from the pond since it would serve as a catchment if it is not pumped.
Arranguez said they would let the water “overflow to the ocean” as coal ash waste is “not considered toxic.”
When Cabrido asked about their basis for the water’s toxicity in the pond, Arrangeuz said they will conduct quality testing on the water after the dumping starts.
Quiroga said the Capitol is ready to build a water treatment facility in the area to treat the water from the coal ash pond, even if it is not stipulated in their Environment Compliance Certificate.
The parties are set to meet again on September 9 for a hearing to present their oral arguments.
