Capas wastes facility gets TRO

A Regional Trial Court in Capas, Tarlac has issued a Temporary Restraining Order (TRO) against the Bases Conversion Development Authority (BCDA) and the Clark Development Corporation (CDC), preventing them from unlawfully taking over the 100-hectare Kalangitan Sanitary Landfill.

This, as the CDC and BCDA are reportedly set to take over the only engineered sanitary landfill that has a daily capacity of 4,000 tons to 5,000 tons. It is serving some 150 local government units in Central and Northern Luzon, including hospitals in Metro Manila.

Both CDC and BCDA are reportedly gearing up to set up a perimeter in and around the Metro Clark Waste Management Corporation (MCWM) in Capas, Tarlac today, October 7, 2024, to stop the trucks hauling wastes from entering the facility.

This, despite the TRO obtained by the MCWM, who is still favored by most foreign and local locators inside the Clark Freeport Zone, and most hospitals and LGUs in the Luzon area. Members of the Environmental Practitioners Association (EPA) also favored the Capas waste facility over the Materials Recovery Facilities (MRFs) in Porac and Floridablanca noting they “are not yet tested.”

The Porac and Floridablanca wastes facilities are not also accredited by the PEZA to haul wastes from the more than 1,100 foreign and local investors inside the Freeport zone.

In a statement, the MCWM said on the Kalangitan waste facility is valid until 2049 noting, “We are disappointed that BCDA and CDC have chosen to disregard the fact that our lease on the 100ha property on which Kalangitan Landfill is located is still valid until 2049.”

“This situation has left us with no other choice but to seek legal recourse and pursue the application for the TRO to protect our operations and, most importantly, the communities that rely on our services,” according to the MCWM.

“The TRO serves as a critical measure to deter BCDA and CDC from taking extra-judicial action against the Kalangitan Landfill, effectively undermining the rule of law. MCWM’s ultimate priority has always been to serve our customers and the communities we support, as we have safely, effectively, and efficiently done for over 20 years,” the statement said.

“Securing this TRO to prevent unjust actions against us reflects our commitment to protec our right to continue serving the public. Kalangitan Landfill remains one of the largest and most advanced waste management facilities in the country, meeting and exceeding the stringent requirements of Republic Act 9003.

“It plays a vital role in waste management for millions of residents, businesses, and local government units (LGUs) in Central and Northern Luzon. The hasty actions of the BCDA and CDC to close the landfill would not only be detrimental to the environment but would also severely and negativrly impact these communities, leaving them without access to the region’s only fully compliant waste disposal facility.

“While we remain dedicated to our mission of providing efficient waste management solutions to our customers and addressing the growing solid waste crisis in the country, we will continue to seek judicial intervention to uphold our rights. Our priority remains the welfare of the general public, and we hope that all parties involved can work together toward this common goal. We remain optimistic that justice will prevail, and we thank our stakeholders for their continued trust and support.”

Employees, business partners, representatives from LGU environment and natural resources offices in Central Luzon and Northern Luzon, and hospital operators, have trooped to the MCWM facility on Saturday afternoon where they hold a prayer vigil.

Indignant MCWM employees said their only source of livelihood will be affected if the waste facility is closed. Most of them had been working in the facility for the past 20 years and expressed fears the education of their children might be affected.

Hundreds of LGU representatives had also expressed their support to the continued operation of the Capas waste facility as City of San Fernando CENRO head Maria Theresa Doble said the proposed Porac MRD facility may become another dumpsite similar to the one in Cebu City which they also operates.

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