The Department of Environment and Natural Resources (DENR) stated that all environmentally critical projects must comply with Environmental Compliance Certificate (ECC) requirements before starting the Waste-to-Energy (WTE) project in Smokey Mountain. Engr. Jose Paolo Aragoncillo, Senior Environmental Management Specialist from the Department of Environment and Natural Resources Environmental Bureau (DENR-EMB), said that no construction should proceed without an Environmental Compliance Certificate (ECC). The statement was made during an inter-agency and civil society dialogue convened by the National Anti-Poverty Commission (NAPC) on the proposed WTE incineration project in Smokey Mountain on July 17 at the Sunstar Hotel, Manila.
The DENR AO 2019- 21 requires project proponents to secure an Environmental Compliance Certificate (ECC), Permit to Operate (PTO), and other legal requirements prior to construction, set-up and operation of a WTE facility.
“We request for an immediate cease and desist order from the Acting Secretary Miguel Cuna in light of these flagrant violations by the project proponent”, Albrecht Arevalo of GAIA Asia Pacific, co-convenor of the Manila Anti-Incinerator Alliance.
After several months of excavation activities in Smokey Mountain, despite the lack of environmental permits and clearances the legality of such activities has finally become clearer for over 348 affected families in Brgy 128.
Affected communities reported that construction, excavation, fencing, and other activities have already taken place in the project site–an issue raised by Anora Madrid during the dialogue.
“Nabanggit nga po ng DENR kanina na wala pa pong ECC, bakit po nagpasok na ng mga makinarya sa aming komunidad?” DENR mentioned earlier that it has not issued an ECC for this project, so why have they started bringing heavy machinery into our community?
Documented illegal fencing, construction, and excavation in the project site | Photo credit: MAIA
Pre-construction activities on project sites without environmental permits and clearances are a violation of the Philippine Environmental Impact Statement System and can result in penalties and cease-and-desist orders from the Secretary of the DENR. Starting construction without ECC can cause irreversible damage to the environment and also violates procedures for ensuring the protection of urban poor communities under the Urban Development and Housing Act.
Arevalo said DENR should instead demonstrate strong environmental governance by holding to account Phileco, the mother company for the Smokey Mountain WTE project for its violations in the Navotas landfill that remained ablaze for several weeks. “How can we give a permit to the same companies if they consistently show disregard for environmental and social compliance? DENR should instead ensure transformative shifts and whether the City of Manila has strictly complied with the requirements of the Ecological Solid Waste Management Act, “ he added.
Public transparency remains inadequate
Alyanna Lagasca, Youth and Students Sector at the NAPC, called for greater transparency regarding project-related documents.
“This is a government contract with a specific private company, and if this is a government contract, the people should know about all the processes, unless, of course, confidential na hindi pwede for private viewing. Pero I was checking kasi kanina, kahit anong hanap ko, kahit saan, hindi ko siya makita. So I guess there’s a certain doubt and kind of frustration from the people specifically because their survivability is threatened and they cannot see particular documents relating to this.” This is a government contract with a specific private company and if this is a government contract, the people should know about all the processes, unless of course, it’s confidential and not fit for public viewing. But I was checking earlier and no matter how I look or where I look, I cannot find it. So I guess there’s a certain doubt and kind of frustration from the people, specifically because their survivability is threatened and they cannot see particular documents relating to this.
The NAPC likewise suggested that documents be made available in Filipino so affected residents and communities can fully understand and assess the project.
The 100MW WTE project is being proposed by the Manila Integrated Environmental Corporation, the project company of Phil Ecology Systems Corporation (Phileco). The latter is RII Builders’ leading waste management subsidiary company established before its long-time legal dispute on the failed Smokey Mountain Rehabilitation Project under Presidential Proclamation 39.
However, MAIA has argued that deceptive schemes to start the WTE project by proposing a land restoration project serve as a front for initial clearing and construction without stringent ECC requirements. MIEC insists that this is a separate project from the proposed WTE incinerator project, but MAIA asserts that these two projects should not be viewed and evaluated separately due to the corporate connections of the proponents. In both projects, project proponents have begun project construction while public scoping and other environmental clearances have yet to be completed, which violates environmental laws and guidelines.
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About GAIA: GAIA is a worldwide alliance of more than 1,000 grassroots groups, non-governmental organizations, and individuals in over 90 countries. We envision a just, zero-waste world built on respect for ecological limits and community rights, where people are free from the burden of toxic pollution, and resources are sustainably conserved, not burned or dumped. GAIA Asia-Pacific is the co-convenor of MAIA.
About MAIA: The Manila Anti-Incinerator Alliance (MAIA) is a coalition of community organizations and advocates opposing incineration and false solutions, and advancing zero waste, environmental justice, and the rights of urban poor communities. MAIA’s position is firm, unified, and grounded in community-led resistance. MAIA reiterates its demands:
Uphold the national ban on incineration as stated in the Ecological Solid Waste Management Act and Clean Air Act.
Immediately stop violent evictions and ensure on-site, in-city housing in Smokey Mountain.
End intimidation, fencing, and harassment by private security and barangay personnel.
Sign the petition! Click this link for the community petition: https://c.org/NsrxPwFJmG
Read the full case report entitled “The Smokey Mountain Waste-to-Energy Project: Arrested development and environmental justice in urban Manila.”
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Media contact: Marvee Sambajon, Global Alliance for Incinerator Alternatives (GAIA) Asia Pacific Communications Officer for Campaigns, marvee@no-burn.org
