EMB confirms CDO vs. firm still valid
888 DAGUPAN PROPERTIES CHECKED
THE Environmental Management Bureau (EMB) is again poised to enforce its cease and desist order (CDO) that it issued against a company after it was reported that the latter has again resumed reclamation activities at a portion of the Calmay River along the Jose R. De Venecia Expressway Extension.
The CDO was issued on January 15, 2009 against 888 Dagupan Properties Inc., registered under the name of one William Chua and represented by a certain Catherine Barmachea.
“It is a defiance of a lawful order,” decried EMB Director Joel Salvador when he appeared before the city council of Dagupan on July 12 to enlighten the body on the continuing backfilling operations.
In an interview with the media later, Salvador said his office will seek the company’s immediate compliance to the CDO but failed to state categorically what other legal action would be taken for the company’s continued defiance.
The reclamation activities stopped after the CDO was initially served but were resumed earlier this year. It was again stopped after then City Legal Officer George Mejia conducted an ocular inspection on the site. Work again resumed on June 29 and has since been continuing with the delivery and filling in of gravel and sand.
Salvador also pointed out that that the company has yet to comply with the imposed penalty of P50,000 for its initial violation.
It was Salvador himself who personally served the CDO, along with the legal officer of the Department of Environment and Natural Resources, with the assistance of the Dagupan City Government then led by Mayor Alipio Fernandez Jr.
Answering questions from Councilor Karlos Liberato Reyna IV, chairman on the committee on environment , Salvador admitted his agency issued an Environmental Compliance Certificate (ECC) to the corporation for backfilling a portion of its property for land development but not for a reclamation project.
Salvador maintained that the project of the corporation falls under the definition of reclamation because “a portion of that property is submerged by water”.
Under DENR Administrative Order No. 2007-20 as amended, 888 Dagupan Properties Inc. or any private entity is not qualified to reclaim a property that is submerged by water, Salvador said.
LGU POWER
He added that only the government or an authorized agency and perhaps the local government unit can undertake reclamation or apply for reclamation, never a private individual.
Salvador clarified that if the project is not classified under reclamation, meaning the land was not submerged by water or that it is a fishpond, his office can allow backfilling but even this is subject to strict guidelines to ensure the protection of the environment.
He also clarified that if the EMB issues ECC to backfilling projects for land development, the local government is not precluded from holding applications for development permit if it sees it is contrary to existing drainage or development plans of a particular locality.
Vice Mayor and council presiding officer Belen Fernandez expressed fear that if the reclamation operation is not stopped, it could set a dangerous precedent and embolden others to reclaim portions of the Calmay River or other rivers.
Asked if the corporation can be ordered to re-haul the big volume of sand and gravel it backfilled in the area, Salvador admitted they have had no experience yet on such a case, but said they will study the matter in coordination with the city
“We issued the ECC for backfilling purposes not for reclamation, thus baka pupuwedeng ganoon ang mangyari that the sand and gravel can be hauled back,” Salvador said.
OTHER ECCs
At the same time, Salvador clarified that the ECCs his office issued to other property owners on Jose de Venecia Expressway Extension were in order as these were private properties and that the proponents for land developments followed the environmental measures recommended by his office to abate destruction of the environment.
Some of these titled properties, he said, were fishponds that were not submerged by water but just the same left the local government to determine on what to do with the other fishponds whose owners may also seek ECC for land development.
Councilor Jesus Canto asked the EMB to furnish the city with a list of applicants for ECC on both sides of the Jose R. De Venecia Expressway Extension for its proper guidance.—LM
http://sundaypunch.prepys.com/archiv...m-still-valid/
888 DAGUPAN PROPERTIES CHECKED
THE Environmental Management Bureau (EMB) is again poised to enforce its cease and desist order (CDO) that it issued against a company after it was reported that the latter has again resumed reclamation activities at a portion of the Calmay River along the Jose R. De Venecia Expressway Extension.
The CDO was issued on January 15, 2009 against 888 Dagupan Properties Inc., registered under the name of one William Chua and represented by a certain Catherine Barmachea.
“It is a defiance of a lawful order,” decried EMB Director Joel Salvador when he appeared before the city council of Dagupan on July 12 to enlighten the body on the continuing backfilling operations.
In an interview with the media later, Salvador said his office will seek the company’s immediate compliance to the CDO but failed to state categorically what other legal action would be taken for the company’s continued defiance.
The reclamation activities stopped after the CDO was initially served but were resumed earlier this year. It was again stopped after then City Legal Officer George Mejia conducted an ocular inspection on the site. Work again resumed on June 29 and has since been continuing with the delivery and filling in of gravel and sand.
Salvador also pointed out that that the company has yet to comply with the imposed penalty of P50,000 for its initial violation.
It was Salvador himself who personally served the CDO, along with the legal officer of the Department of Environment and Natural Resources, with the assistance of the Dagupan City Government then led by Mayor Alipio Fernandez Jr.
Answering questions from Councilor Karlos Liberato Reyna IV, chairman on the committee on environment , Salvador admitted his agency issued an Environmental Compliance Certificate (ECC) to the corporation for backfilling a portion of its property for land development but not for a reclamation project.
Salvador maintained that the project of the corporation falls under the definition of reclamation because “a portion of that property is submerged by water”.
Under DENR Administrative Order No. 2007-20 as amended, 888 Dagupan Properties Inc. or any private entity is not qualified to reclaim a property that is submerged by water, Salvador said.
LGU POWER
He added that only the government or an authorized agency and perhaps the local government unit can undertake reclamation or apply for reclamation, never a private individual.
Salvador clarified that if the project is not classified under reclamation, meaning the land was not submerged by water or that it is a fishpond, his office can allow backfilling but even this is subject to strict guidelines to ensure the protection of the environment.
He also clarified that if the EMB issues ECC to backfilling projects for land development, the local government is not precluded from holding applications for development permit if it sees it is contrary to existing drainage or development plans of a particular locality.
Vice Mayor and council presiding officer Belen Fernandez expressed fear that if the reclamation operation is not stopped, it could set a dangerous precedent and embolden others to reclaim portions of the Calmay River or other rivers.
Asked if the corporation can be ordered to re-haul the big volume of sand and gravel it backfilled in the area, Salvador admitted they have had no experience yet on such a case, but said they will study the matter in coordination with the city
“We issued the ECC for backfilling purposes not for reclamation, thus baka pupuwedeng ganoon ang mangyari that the sand and gravel can be hauled back,” Salvador said.
OTHER ECCs
At the same time, Salvador clarified that the ECCs his office issued to other property owners on Jose de Venecia Expressway Extension were in order as these were private properties and that the proponents for land developments followed the environmental measures recommended by his office to abate destruction of the environment.
Some of these titled properties, he said, were fishponds that were not submerged by water but just the same left the local government to determine on what to do with the other fishponds whose owners may also seek ECC for land development.
Councilor Jesus Canto asked the EMB to furnish the city with a list of applicants for ECC on both sides of the Jose R. De Venecia Expressway Extension for its proper guidance.—LM
http://sundaypunch.prepys.com/archiv...m-still-valid/
