Wednesday, August 27, 2008

The Ternate Sanitary Landfill: A call for action

a proposed landfill threatens mts palay palay/ mataas na gulod national park (better known to us mountaineers as Pico De Loro).. please read and please spread the word.. we really really need every help we can get with regards to this issue. -- Gerard "dok" Natividad


By Gerard S. Natividad


It was during the first months of the year 2006 when vigilant Cavite-based environmental groups, Non-Government Organizations (NGOs), People’s Organizations (POs), religious, academic institutions, and others first heard of a startling project that caused a once peaceful and silent upland municipality to engage into a heightened level of awareness and to unite in action opposing a multi-million peso project in their area.

A proposal for a sanitary landfill that would cater for the province’s so-called waste management problem was submitted to the office of the Provincial Governor by its proponent, Environsave, Inc. An estimated 8 hectare piece of land just at the footsteps of a National Park would serve as cradle for wastes generated by a whole province. As if inadvertent, the proposed site is located within the area of the quarrying company- Cavite Ideal (better known as Cavdeal), who happens to be the same people behind the landfill project. These series of events eventually led to the formation of a community-based, people’s organization called Ternateños Against Landfill Association (TALA) comprising of representatives from various sectors in Ternate, Cavite. A concrete example of a classic community organizing principle wherein environmental groups, NGO’s and the like, coming from outside the community facilitated the basic information with regards the issue and “which correspondingly stimulate local initiative and leadership as the primary instrument of change.” (Polson, In The Lasallian Way towards social transformation (p.100) Lasallian Community Development Center)

This truly is an effective strategy of participatory, people-centered and area-based initiatives to address the landfill issue. With the collaborative efforts being done by different concerned sectors, manual and technical support systems to address the landfill issue has greatly materialized. Ranging from dialogues with the Local Government Units, consultative meetings and presentations with both the proponent and stakeholders, data gathering and inquiries with legal counsels and technical experts, ground-working and paper-trailing the different documents   concerning the project, and also, there had been 4 major rallies and mobilizations which reflects advocacy leading to action through a peaceful yet active non-violent display of deep community concern.

All these efforts eventually led to an empowered PO and a well-coordinated and consorted effort to oppose the project. During the course of all these, various standpoints and arguments came to light on why there is a dire need for the project not to push through. Listed below are some of these reasons as well as steps done by the groups:

 We believe this to be otherwise. We have yet to determine this by an actual site visit and GPS reading.

  •     The proposed site for the landfill is situated right beside the buffer zone of a national park as proclaimed in Oct. 26, 1976 by then President Ferdinand Marcos under Proc. No. 1594 “Declaring Mts. Palay-palay/ Mataas na Gulod and vicinities situated in the municipalities of Ternate and Maragondon, province of Cavite and the municipality of Nasugbu, province of Batangas, island of Luzon as a National Park, Game refuge and bird sanctuary.”
  •     Just this year, President Gloria Macapagal Arroyo issued Proc. No. 1315 “Declaring Mts. Palay-palay/ Mataas na Gulod National park as Protected Area which shall be known as Mts. Palay-palay Mataas na Gulod Protected Landscape.” Signed this June 27, 2007.Thus, being declared as a protected area, this ought to have stricter policies and guidelines favoring the anti-ternate landfill groups. But the proclamation also led us to doubt that a much grander scheme is at work favoring the landfill. Here are some of the ‘questionable and dubious” statements in the Proc.no.1315.                 

                a) The original land area of the park was 4000 hectares, but it was narrowed to 3973.13 hectares as stated in proc. no. 1315.

                b) As stated in the proclamation no.1315, the protected landscape would now be “subject to private rights”.

                c) When the “technical descriptions” of the proclamation was plotted to a topographic map, it showed a difference of area of the delineation than that of existing records of the park’s original boundaries

  •     Former President Marcos issued Proclamation no.1520 dated Nov.28, 1975 “Declaring the municipalities of Maragondon and Ternate in Cavite and the municipality of Nasugbu in Batangas province as a Tourist Zone, and for other purposes.” which is under the jurisdiction of the Philippines Tourism Authority. Contrary to what the proponent says about tourism, the anti-ternate landfill groups believes that this facility would only drive away tourists en route to the beaches and mountaineering/trekking destinations in Ternate if ever the project might proceed.
  •     According to the Implementing Rules and Regulations (IRR) of the Republic Act 9003 also known as Ecological Solid waste management Act of 2000, as stated in Section 40. Criteria for Sitting a Sanitary Landfill. (d) “The site must be chosen with regard for the sensitivities of the community’s residents.” The project should gain Social Acceptability from the community concern. But the community’s opposition to the project is reflected by these courses of actions:
                    a) Series of rallies and mass mobilizations participated by the thousands around the town of Ternate which was also featured in different television, radio and print media.

                    b) Signature campaign comprising of 12,000 signatures of Ternate residents from a population of 20,000 which was submitted to the Environmental Management Bureau region 4A (EMB-4A) and the DENR main office to stand as basis for the government agency not to issue an Environmental Compliance Certificate (ECC). But eventually they did issue an ECC dated Sept.26, 2007.

                    c) The residents and organized groups also decided to file a petition to the COMELEC Proposing By Local Initiative the Enactment of an Ordinance under RA 6735 entitled, “An ordinance declaring Barangay Sapang, Municipality of Ternate, Province of Cavite as being an integral part of the continuing classification of the municipality of Ternate as a Tourist zone and further classifying Barangay Sapang as a Special Ecological Zone, prohibiting the opening, construction and operation of any sanitary landfill therein, providing penalties for violation of this ordinance and for other purposes,” as a municipal ordinance for the municipality of Ternate, Cavite. Rare is the instance that this type of move is done wherein a given percentage of voting population would make a move to enact an ordinance. Being this, lawyers from the Comelec faced a blank wall upon receiving this document. And we are currently on the move and looking for assistance from legal counsels who could shed some light with this type of action.

  •     According also to the Implementing Rules and Regulations (IRR) of  the Republic Act 9003 also known as Ecological Solid waste management Act of 2000, as stated in  Section 40. Criteria for Sitting a Sanitary Landfill. (e) “The site must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources such as Aquifer, Groundwater reservoir or watershed areas.”

  •     Also from the IRR of RA 9003. Penal Provisions. Section 48. Prohibited Acts (16) “The construction or operation of landfills or any waste disposal facility on any Aquifer, Groundwater reservoir or watershed area and on any portions thereof.”

                    a) The proposed site for the landfill is declared part of the study area by the Local Water Utilities Authorities (LWUA) and the Japanese International Cooperating Agency (JICA) issued last 1995 as a Groundwater Basin and declared also by Bechtel Engineering hired by Puerto Azul Resort as a Water Basin.

                    b) As stated in the “Report on the Geological assessment of the proposed sanitary landfill located inside the quarry site of Cavdeal in Ternate, Cavite” prepared by the Mines and Geosciences Bureau (MGB) of the DENR, “Based on the groundwater availability map of the Philippines, the project area has fairly extensive and productive Aquifers with average annual potential recharge of 0.3 to 0.8meter.”

                     c) Safe drinking water for the surrounding municipalities are threatened by the facility. Because one of the major hazardous by-products by landfills are called Leachate. According to the University of Wisconsin-Eau Claire website, “Leachate is a potentially toxic fluid that could leak from a landfill site and pollute aquifers and surface water.”

                     d) According to the same report that was released by the MGB, it states that the site “Is located in a creek valley bounded by two high hilly terrains… The creek is part of the tributary of the Sapang River.” We all know that water always go down stream, having the site as a tributary for a river would surely be alarming for those living down stream. Contaminated water can easily flow to other tributaries posing a threat not only to humans and animals but also plants.

  •     Hydrologic hazard stated in the “Report on the Geological assessment of the proposed sanitary landfill located inside the quarry site of Cavdeal in Ternate, Cavite” prepared by the MGB indicates that “Since the proposed area for landfill site is situated on a drainage floor, it is very likely that the area may experience flash flooding caused by heavy runoff coming from the upstream area.” Let us not set aside the fact that the site proposed is within a quarry site. The capacity of the soil to hold moisture has already been depleted and that if a flash flood may occur, it could easily boulders and rocks that can easily be dislodged from the site due to the quarrying activity. This, again, pose a major threat to the community’s safety and welfare.

  •     Mts Palay palay/ Mataas na Gulod National Park is home to a wide array of flora and fauna and quite a number of endemic and endangered species. Studies and researches are being conducted in the area both by students and faculties from De La Salle University- Dasmariñas in Dasmariñas, Cavite. And biodiversity conservation is one of their main thrusts in their field. The national park is one of the identified sites in the book: Key Conservation Sites in the Philippines: A Haribon Foundation and Birdlife International Directory of Important Bird Areas (IBAs) by Mallari, Neil Aldrin, et. al. (2001). And having such a facility in the area may create a big imbalance in the ecology that might affect the sensitive wildlife.

  •     In the presentations conducted by Environsave regarding the landfill, one of the components of the said facility is a Materials Recovery Facility, wherein the said landfill shall be receiving ‘mixed (unsegregated) waste’ from all over the province and that segregation shall be done on-site. It is clearly stated again, in the IRR of RA 9003 Article 2. Segregation of Wastes. Section21. Mandatory Segregation of Solid Wastes. “That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources.”  If the facility will be receiving mixed waste, then there would be no effort done at the household level to help reduce, reuse, refuse and recycle wastes. The very heart of RA 9003 is that it must be done at source.

  •     Traffic and road-safety also is a major concern. If the facility would be catering for all the trash the province would produce then it may create unrest for those living along the highways that these trucks would pass by. Foul smell (due to unsegregated wastes), noise pollution and safety for both commuters and pedestrians at stake if there are an added number of trucks passing a single route to a common destination. Even if it has ‘transfer stations’ it would still not discount the fact that trucks would be set to go to these so-called transfer stations as proposed by the proponent.  Highways and road systems will also be subjected to damage due to the volume and capacity of these bridges and roadways to service large and heavy dump trucks.

  •     Based on the reprint of Rachel’s Environment and Health Weekly (#37 Aug10,1987, #116 Feb.14,1989, #617 Sept.24, 1998)

                    a) #37: The U.S. Environmental Protection Agency says All Landfills Leak, even those using best available liners.

                    b) #116: Analyzing why all landfills leak.

                    c) #617: Landfills are dangerous.

  •     Here in the Philippines there are quite a number of experiences that so-called landfill proponents submit proposals for a Sanitary Landfill that in the end only ends up to be an open dumpsite and control dumpsite. But, in paper, they all claim to be landfills. Unfortunately irreversible damage has been done to these sites with the cost of both human and environmental costs. This is true with the “landfills” located in San Mateo in Rizal, Payatas, San Jose Del Monte in Bulacan and even Clark and in Cebu. All of them ended up to be well below of what was expected to be as a “sanitary” landfill. 

  •     Based also in the official report released by the MGB, it states that “Geographically, the project site is centered at coordinates, 120 degrees 41’ 30” East Long. And 14degrees 05’ 57.2” North Lat.” Supposedly, this coordinates would fall at the center of the proposed landfill site. But when we plotted these coordinates, we made a startling discovery. It centered nowhere near the known landfill site or even nowhere near Cavdeal, the quarry company beside the site. The said coordinates when plotted to a topographic map, fell somewhere in the municipality of Nasugbu, Batangas. This being a major discrepancy in the official report released by the MGB.

  •     In the study conducted by Tengonciang, et al. 2002, the soil along Ternate, Maragondon, and up to Magallanes are said to be volcanic.


With all these information at hand, we are calling for those who in one way or another could be of help regarding this matter. The Office of the Provincial Government (OPG) of Cavite is supporting the proponent with regards to the project. But the different sectors concerned will not be taking this sitting down. Moves have been made also by the Diocese of Imus and dialogues between the diocese and the OPG have already been ensuring. Support groups coming from outside Cavite also flourished through contacts and linkages of those involved. NGO’s, Professionals, and other institutions are currently working together to offer alternatives and training programs to address this issue.

We, as Lasallians must take part in such an undertaking. The Lasallian Community Development Center has been part of the issue since the very beginning of the matter, lending a hand during the preliminary meetings while organizing the community, providing some technical and information/ education campaign for the enrichment of those concerned. Coordinating with other linkages as well as other offices within the University for a more holistic and synergic approach to attaining Social Transformation. In the past, we have been part of the closure of the Carmona Landfill and opposing the construction of the Magallanes Landfill which eventually led to the formation of the Cavite Greens Coalition- Kalikasan to whom LCDC is also a member. This is a call for action to us Lasallians, as part and parcel of a much larger community rather than just being in the confines of our walls, let us make a move to inflict the change that we want to see in the society…bearing in mind that all these must be in the context of a Lasallian touch and in line with the Lasallian Guiding Principles.

This is a call for action to all those who would want to preserve the pristine environment of Ternate, we as mountaineers/ environmentalists, being the guardians of the mountains specially in this case, the national park wherein Pico de Loro is part of.

Gerard S. Natividad
Project Officer, Environmental Advocacy, Lasallian Community Development Center, DLSU-D
Adviser, DLSU-D Mountaineering Society
Member, Cavite Green Coalition-Kalikasan
Member, 505th Search and Rescue Auxiliary Group, Inc


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