Metal factories operating close to a river in San Simon, Pampanga face civil and criminal charges for alleged pollution of the waterway.
Environmental group SEEDS PH and the Federation of Philippine Industries (FPI) said they will initiate the filing of cases against Chilwee Metallic Manufacturing Corp., Energetically Battery Manufacturing, Ecoseal Metallic Manufacturing Corp. located inside the Global Aseana Business Park in Barangay Dela Paz, San Simon town.
The local government of San Simon has already issued cease and desist orders (CDOs) against these companies and padlocked their gates last month to prevent their operation for alleged failure to have the required facilities to operate as lead smelters and recyclers of used lead acid batteries, including RA 8749 (Clean Air Act), RA9275 (Clean Water Act), and RA6969 (Hazardous and Nuclear Wastes Act).
The negative effects of their operation to the environment and welfare of the people in the nearby communities were evident as the surface water test commissioned by SEEDS showed that the river where they were dumping their wastewater has been contaminated with various toxic chemicals and heavy metals.
The water testing was conducted by a DENR-accredited laboratory last February 9, or just a day after the municipality of San Simon implemented the closure order against the smelters. Water samples were taken upstream, or at a portion of the river right before Global Aseana and at the facility’s discharge point downstream.
“Simply put, the river upstream was basically free of traces of harmful chemicals and heavy metals. A few meters away from Global Aseana’s discharge point, however, almost 70 percent of the 23 parameters that were measured already showed contamination,” said SEEDS PH Executive Director Dhel Pulanco.
“There’s already a significant presence of cadmium and nickel, which can cause cancer and liver failure. The presence of lead in the water has already gone up to an alarming level and this could cause diseases in the kidney, heart, and blood,” he added.
The Biochemical Oxygen Demand and Chemical Oxygen demand have considerably shot up, while the dissolved oxygen and water pH dropped tremendously.
These are clear signs of water pollution and could trigger fish kills. This was probably caused by the dumping into the river of electrolytes from used lead acid batteries that contain sulphuric acid and other toxic chemicals.
This is why, according to the Barangay officials of Dela Paz, fish pond owners and fishermen in the area and downstream towns like Minalin have been complaining that their livelihoods are being affected already. Dela Paz Barangay Chairman Ramil Mangay also said at a hearing conducted by the DENR-Environmental Management Bureau Region 3 last September that they have videos showing chemicals being dumped from Global Aseana to the river.
FPI Chairman Dr. Jesus L. Arranza called on the local governments of San Simon and Pampanga to also file charges against these illegal smelters and urged them not to issue permits anymore to these establishments as they have already a proven record of grave noncompliance to environmental laws and wanton disregard of the welfare of the environment and the communities.
“They executed an undertaking that they would install all the facilities required by environmental laws, which they did not bother to comply with for more than one year.
What is alarming is that these companies continue to buy used lead acid batteries and even removed the padlocks on their gates, which could be a sign that they are planning to operate anew.
As the chairman of the FPI and Fight Illicit Trade, I will fully support SEEDS PH in the filing of cases against these illegal smelters as this is a clear instance of illicit trade that the FPI has been fighting in all its forms.
We are now in discussion with our lawyers,” Arranza said. Pulanco said they will also ask the communities and aquaculture businesses in the area to join them in suing the smelters and seek renumeration for injuries caused by the contamination of the river.
RA 9275 and RA 6969 prohibits the discharging or depositing of any water pollutant to the water body, operating facilities that discharge regulated water pollutants without the valid required permits, transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Act, and operating facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals, substances, or pollutants listed under R.A. No. 6969, into water bodies.
Anyone who discharges untreated wastewater into any water body can be fined for every day of violation, the amount of not less than P10,000 but not more than P200,000.
Failure to undertake clean-up operations willfully shall be punished by imprisonment of not less than two years and not more than four years.
This also includes a fine of not less than P50,000 and not more than P100,000 per day of violation.
Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6 years and 1 day and not more than 12 years and a fine of P500,000/day for each day the contamination or omission continues.
In cases of gross violation, a fine of not less than P500,000 but not more than P3,000,000 will be imposed for each day of violation.