Tuesday, September 20, 2011

Chronological and Legislative History of the Obando Landfill

November 30, 2010

  • Ecoshield Development Corporation (EDC) requested the Municipal Mayor for approval to establish and operate a sanitary landfill over a 44-hectare land in Brgy. Salambao.

December 22, 2010

  • DENR – EMB Region III Director Lormelyn Claudio granted EDC an Environmental Compliance Certificate (ECC) as a planning tool and not as a permit.
  • Salambao Sangguniang Barangay adopted Resolution No. 03, approving EDC’s request for an ECC application with DENR
Note: Included in the resolution were 270 signatures from Salambao residents, although there were more than 3 names which were clearly written & signed by the same person.

No Date

  • Committee of the Whole report dated Jan. 18, 2011 First meeting of the Sangguniang Bayan headed by Vice Mayor and municipal counselors. EDC representative Atty. Franco C. Oco was invited, but unable to answer the questions fielded to him, especially on the technical aspects of building and operating a landfill.

January 12, 2011

  • A follow-up committee meeting attended by Atty. Franco C. Oco, Engr. Allen Villanueva and Arch. Rafael Tecson on behalf of EDC was held. Engr. Villanueva gave details about the proposed landfill project. Details were not recordred in the minutes of the meeting.

January 17, 2011

  • Committee Meeting Sangguniang Bayan On the issue of conducting a public hearing about the proposed landfill, the Committee agreed that public hearings were not necessary since there was a public hearing conducted at Brgy. Salambao. Instead they concluded that what was needed is to initiate public information dissemination from the Office of the Mayor.  At 1:00 pm on this day, the Committee unanimously approved Ecoshield to establish a Bulacan Sanitary Landfill over Brgy. Salambao.

January 18, 2011

  • The presiding officer presents the Findings of the Committee of the Whole regarding the letter of the Mayor on EDC’s request to establish a Bulacan Sanitary Landfill on Brgy Salambao, by means of a resolution.

January 24, 2011

  • Sangguniang Bayan Resolution No. 07-107 is approved allowing EDC to establish a sanitary landfill on 44-hectares on Brgy. Salambao, Obando Bulacan.

February 7, 2011

  • Sangguniang Bayan approves Resolution No. 07-105 allowing EDC to process a reclassification of Land Title Nos. 040-2010002032, 040-2010002031 and 040-2010002035 from agricultural to commercial/industrial waste.

February 14, 2011

  • Public Hearing Topic: Proposed Resolution No. 07- 129 / Proposed Ordinance No. 07 – 25
  • Proposed Ordinance No. 07 – 25 is an ordinance reclassifying parcels of land with a total area of 44 hectares more or less, located at Barangay Salambao, Obando, Bulacan in favor of EDC, represented by Arch. Rafael Tecson from Agricultural to Industrial waste (sic).
  • Note: This mistake was only corrected on May 2, 2011. This ordinance was allowed to pass despite a technical mistake on the very wording of the ordinance and in a span of three months, no one realized this error, even as a the majority of town leaders signed the attendance. Only 43 people were present; most of which are members of the Sangguniang Baranggay.

February 7, 2011

  • Committee of the Whole submits Report No. 07-46 (Subject: Proposed Resolution No.07-129 /Proposed Ordinance No. 07-25 reclassifying parcels of land) and recommended it for approval of the Municipal Council.

February 28, 2011

  • Resolution No. 07–121, approving Ordinance No. 07-08 reclassifying parcels of land with a total area of 44 hectares more or less, located at Brgy. Salambao, in favor of EDC, from Agricultural to Commercial/Industrial Use, was approved on motion of the Committee of the Whole.

March 4, 2011

  • Copies of Resolution No. 07-102 and Resolution No. 07-105 were stamped “OFFICIAL RECEIVED” by the Office of the Secretary, Sangguniang Panlalawigan.

March 8, 2011

  • Resolution No. 07-121 / Municipal Ordinance No. 07 -08 (Reclassifying Parcels of Land), approved and signed by Municipal Mayor Orencio E. Gabriel, was stamped “OFFICIAL RECEIVED” by the Office of the Secretary, Sangguniang Panlalawigan.

May 2011

  • A Position Paper Against the Obando Sanitary Landfill, with more than 8,000 signatures, was submitted by Rev. Fr. Jeffrey Zuñiga, parish priest at the Nuestra Senora de Salambao Mission Parish, to the Office of the Governor.

May 4, 2011

  • Petition : No to Obando (Bulacan) Sanitary Landfill dated 03 May 2011, submitted by Concerned Citizens of Obando / No To Landfill – Obando (CCO/NTOL), with more than 1,800 signatures, was stamped “OFFICIAL RECEIVED” by the Office of the Secretary, Sangguniang Panlalawigan.

May 13, 2011

  • Letter dated May 11, 2011 enclosing the Petition and Signatures was received by the Office of the Governor on May 13, 2011. However, upon follow up, “was misplaced by the staff”, so another copy was sent to and received by the same office on May 31, 2011.
  • Letter states that the intention of the Resolutions from the Sangguniang Bayan were to increase the value of land as residential, establishments or industrial, these will not be possible because it clearly states on page 6 of EDC’s Project Description, “Afteruse”:
    “Buildings and industrial activities are not recommended, especially on deep and/or large sites (continued settlement, leachate and landfill gas generatio. (sic)"

June 6, 2011

  • Joint Committee Hearing of the Committees on Land use, Agriculture and Environmental Protection – Sangguniang Panlalawigan.  Accdg to the Chairperson:
“…we would like to reiterate that any points or observations or comments that you would like to impart in this public hearing, hindi naman po natatapos lang sa pagtitindig natin ngayon, maaari po ninyong ipaalam sa pamamagitan po ng sulat o inyong representasyon ng mga mamamayan mula sa bayan ng Obando sa ating Pamahalaang Panlalawigan. 
And lastly, we would like to guarantee that the Sangguniang Panlalawigan will decide on the matter based on what is provided by law and not by personalities or opinions we will be issuing the basis for whatever recommendations the committee will be deciding.”

June 8, 2011

  • Sangguniang Panlalawigan approved KAPASIYAHAN BLG. 176 Pinagtitibay ang ordinansa ng Reclassification.
  • Note: This happened only two days after the Chairperson said that concerned parties may still send in any points or observations or comments, and that an ocular inspection of the proposed site will be conducted.

June 10, 2011

  • Letter of was sent to and received by the Officers and Members of the Sangguniang Panlalawigan informing them that:
“…only a CERTIFICATION that the subject parcels of land are classified as agricultural lands, was issued by the Municipal Planning and Development Office on February 28, 2011 and that NO RECOMMENDATION FOR RECLASSIFICATION, which is the first and vital requirement for reclassification, was submitted by the Municipal Development Council of Obando to the Sangguniang Bayan” and that “in view of non-compliance with the requirements of the law, the subject Ordinance SHOULD BE DISAPPROVED.

June 15, 2011

  • Letter of was again sent to and was received by the Officers and Members of the Sangguniang Panlalawigan reiterating that the Ordinance should have not been approved due to the non-compliance by the Sangguniang Bayan of the requirements for the Ordinance on Reclassification, with a letter of Ms. Arlene G. Pascual, Provincial Planning and Development Coordinator, informing, to wit:
“that we do not have in our possession a copy of recommendation from the Municipal Development Council (MDC) of Obando pertaining to the reclassification of parcels of land in Barangay Salambao.

June 21, 2011

On the matter of the “Afteruse” provision per EDC’s Project Description for Landfill.
Meeting with Gov. W. Sy-Alvarado

In attendance: Vice Gov D.Fernando; SP Members M. Fermin, E. Delos Santos, Jr. & F. Ople; Mayor O. Gabriel; SB Member V. Marquez; MDO A. De Guzman; BC Z. Sarmiento; Fr. E. De Jesus; Atty. R. Gutierrez; Mrs. MTJS Bondoc; SP Sec Javier; PPDO A. Pascual: Prov’l Environment & Natural Resources Officer; DENR Reg. 3 Dir. Claudio & Staff.

Among other matters, the following transpired:
  • It was explained and made clear to the Governor that the site is a body of water ( washed-out fishponds)
  • Mayor Gabriel showed MDC Minutes of Meeting of the Execom only.
  • Dir. Claudio showed EDC’s Initial Environmental Examination (with comments and observations, Atty. Gutierrez manifested to request for a copy)
  • The Governor said that an ocular inspection will be made at the site.

June 21, 2011

  • A letter reiterating various legal, social and environmental grounds and imploring the Governor to veto the proposed ordinance and reject the landfill project in Obando was received by the Gov‘s Office at 4:50PM.

July 5, 2011

  • A letter dated July 2, 2011 was received by the Offices of Gov. Alvarado and Officials and Members of the Sangguniang Panlalawigan registering formal objection to the approval of the Proposed Ordinance on Reclassification, informing among others, that “According to a letter dated June 27, 2011 from the Office of the Municipal Mayor of Obando, no MDC recommendation was ever issued by the said office relating to the proposed Ordinance.”
  • A copy of the same letter was received by the SP Office of the Secretary on July 7, 2011
  • Note: According to a SP Legislative Staff via cell phone call, the letter was referred to the same three Committees that considered the Ordinance.

July 29, 2011

  • A letter of was sent to and received by the SP Officials and Members reiterating that the construction of landfill in Obando will violate the Ecological Solid Waste Management Act of 2000 (on minimum criteria on siting a landfill, among others); Clean Water Act; the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; and the Supreme Court decision ordering a “continuing mandamus” on the clean-up of Manila Bay.
  • Also enclosed:
    • Map of Barangay Salambao showing that almost one-half of the Barangay will be covered by the landfill;
  • Plan - Perspective of the Proposed Landfill showing that mangroves will be cut in the process of constructing Barge Basin; and
  • Documents from Archivo Franciscano Ibero- Oriental, Madrid, Spain relating the discovery on June 19, 1763 of the original image of the Nuestra Señora Inmaculada Cocepcion de Salambao from the boundary waters of Binuangan, Obando, Bulacan and Tambobong (Malabon-Navotas, Rizal area) which is now the waters of Barangay Salambao.
  • Note: Blessed pins and istampitas of the Virgin, together with the historical documents of Her discovery, were also sent to the Governor and his wife.
  • Meanwhile between June 21 and July 29, telephone inquiries have been made with the offices of the Sangguniang Bayan, the Governor and the Sangguniang Panlalawigan as to the status of the Ordinance on Reclassification and “no action yet” were the standard reply.

July 29, 2011

  • During the meeting of the Association of Barangay Chairmen of Obando, a letter from the SB Secretary was handed to each Brgy Chairman enclosing a copy of SP Kapasiyahan Blg. 176 re: Ordinance on Reclassification.
  • The Resolution was approved by the Governor on June 22, 2011 – a day after the meeting on June 21, 2011.
  • The Approved Resolution was received by the Sangguniang Bayan on July 21, 2011.

August 4, 2011

  • Mass, Procession, Prayer Vigil to oppose the Obando Sanitary Landfill Project was held.

August 19, 2011

  • Mass & Procession to oppose the Obando Sanitary Landfill was held.
  • August 29, 2011 Heroes Day – Mass & Procession & Reenactment of Fertility Rites were held to Oppose the Obando Sanitary Landfill Project.

September 3, 2011

  • Mass & Procession to oppose the Sanitary Landfill Project was held from Sta. Cruz Parish in Paco to San Pascual Baylon.

September 10, 2011

  • A free Concert "Itanong mo sa bata" was held to oppose the Obando Sanitary Landfill Project.

September 19, 2011

  • A mass and procession to oppose the Obando Sanitary Landfill Projet was held at San Pascual Church in Obando.