By Kris Crismundo | Philippine News Agency
The Bases Conversion and Development Authority (BCDA) is calling on local government units (LGUs), other government agencies, and businesses to stop using the Kalangitan sanitary landfill in Capas, Tarlac as the service contract for the property has already expired.
In a statement Thursday, the BCDA emphasized that the Contract for Services between Metro Clark Waste Management Corp. (MCWMC) and Clark Development Corp. (CDC) expired on Oct. 5 and cannot be renewed or extended.
This means that MCWMC has no Authority to Operate (ATO) the 100-hectare Kalangitan sanitary landfill.
The BCDA has encouraged stakeholders to explore alternative waste management facilities that are accredited by the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB) to comply with solid waste disposal requirements.
The BCDA cited the importance of upholding the rule of law and fostering peaceful cooperation among all parties involved to ensure the smooth continuation of waste management efforts in Central Luzon and neighboring provinces.
It also appealed to stakeholders to support the legal processes prohibiting the further use of the Kalangitan landfill.
The CDC issued a formal cease-and-desist order to MCWMC, demanding that the company vacate the site after the expiration of its contractual and legal rights to operate.
“The BCDA and the CDC were granted a Temporary Restraining Order by the Court of Appeals, in CA-GR SP Case No. 186856, enjoining the Regional Trial Court of Capas, Tarlac from implementing its Writ of Preliminary Injunction, which then prohibited BCDA and CDC from directly or indirectly removing MCWMC from the Kalangitan landfill site,” the BCDA said.
The Capas court then rejected MCWMC’s request for a writ of preliminary injunction, which sought to compel the CDC to issue a new ATO and prevent the agency from engaging with LGUs using the landfill.
The BCDA explained that given that the CDC has not issued a valid permit for the Kalangitan landfill’s operations, the continued use of the facility violates Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000, making its ongoing use illegal.