Talisay City Legal Office orders closure of heavy equipment motorpool

By: Rosalie Abatayo - CDN Digital | November 12,2019 - 05:28 PM

Talisay City Legal Office personnel served the Notice to Stop Operation against Hesreal Dev’t. Corp. in Barangay Poblacion for the non compliance with environmental laws and their lack in business permit. | Photo courtesy of Talisay City PIO

CEBU CITY, Philippines ——A heavy equipment motorpool in Barangay Poblacion in Talisay City have been ordered closed because of non compliance with environmental laws and for their lack in business permit.

Personnel from the City Legal Office served at past 9 a.m. today, November 12, 2019, a Notice to Stop Operation against Hesreal Development Corp. Motorpool and Warehouse Project located along Uldog Street.

The notice was issued based on the request of the Environmental Management Bureau in Central Visayas (EMB-7) asking the city government to already refrain from issuing or renewing the business and other permits of the heavy equipment company until they comply with requirements mentioned in an office resolution dated Oct. 4.

City Legal Officer Giovanni Sususco said in his Nov. 12 notice that the company was also found to be operating even in the absence of an effective business permit.

“This office is left without any other recourse but to order the stoppage of your business operation immediately upon receipt hereof until such time that you can comply with the necessary permits and commitments from the EMB-7 as well as necessary permits and clearances from the city government,” Sususco said.

CDN Digital tried to reach the Hesreal management but calls made to their office landline that was posted on their online company profile were left unanswered.

In its report, EMB-7 said that the company motorpool lacks a materials recovery facility and a discharge permit which is needed if an establishment releases wastewater outside their facility.

On May 14, EMB-7 already called a technical conference with the company to discuss their alleged lapses.

According to the EMB-7 resolution, the company then committed to apply for a discharge permit and to file within a period of 30 days its position on the other observations raised by the agency.

In a position paper which they submitted to EMB-7, Hesreal defended that they should not be penalized because there has been substantial compliance with RA 9003 or an Act Providing for an Ecological Solid Waste Management.  They did not also undertake any activities other than what was provided for in their Environment Compliance Certificate (ECC).

But the EMB-7 found the company’s position “bereft of merit.”

“For ECC Condition no. 6, the required Material Recovery Facility under RA 9003 refers to an area established for biodegradable wastes, resuable and recyclable materials as clearly indicated in the respondent’s ECC, and not to an underground oil treatment facility,” sayd the resolution signed by EMB-7 Regional Director William Cuñado.

“Worse, records would show that up to this date, respondent still failed to comply with its commitment to apply  for discharge permit, Permit to Operate, Hazardous waste ID and Pollution Control Officer (PCO) Accreditation despite the fact that more than four months has elapsed since it signed the said commitment on May 14, 2019,” the resolution added.

EMB-7 ordered Hesreal to pay a fine of P4.4 million for not meeting the commitments and P100,000 for the noncompliance on the four provisions of the ECC. / dcb


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TAGS: barangay Poblacion, business permit, environmental laws, Hesreal Dev't Corp., Legal Office, Talisay City

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