The local government of San Simon has issued a “third and final notice” to the environmentally destructive lead smelters in this Pampanga town that their assets would be seized and charges would be filed against them if they would still continue to operate despite being slapped with two cease and desist orders (CDOs).

The notice of violation signed by San Simon Mayor Abundio S. Punsalan Jr. last 2 May was issued to Energetically Battery Manufacturing, Ecoseal Metallic Manufacturing Corp., and Chilwee Metallic Manufacturing Corp., all located inside the Global Aseana Business Park in Barangay Dela Paz, San Simon.

Two CDOs, the latest served last 26 April, have been issued against these smelters for operating without a business permit and violation of various laws, including the Clean Air Act, Clean Water Act, Hazardous and Nuclear Waste Act, and the Labor Code.

The Department of Environment and Natural Resources has also issued notices of violation against them.

Despite these CDOs, these smelters continued to operate, prompting the municipality of San Simon to issue its “Third and Final Notice,” highlighting issues surrounding their defiance, “including operating without a valid business permit and violations related to environmental/hazardous waste disposal and health standards for employees.”

“The closure of your establishment on 26 April, 2024 was a direct result of your failure to rectify the situation following prior notices. However, it has come to our attention that despite the enforcement action, operations persist,” Punsalan said in the notice.

“We hereby demand immediate cessation of all business activities in your company until such time as all violations are rectified and proper permits and certifications are obtained. Continued operation without compliance will result in further legal action, including but not limited to additional fines, penalties and possible prosecution.”

The mayor stressed that operating without a valid business permit is a “blatant violation of local regulations,” as mandated by Sections 143, 154 and 155 of the Local Government Code. These provisions, he said, give the LGU the power to seize personal property used in the business as part of enforcement measures, aside from imposing fines, penalties, interests and legal charges.