The local government unit of San Simon in Pampanga has issued a "third and final notice" to the environmentally destructive lead smelters within the town that may lead to the seizure of assets and legal challenges in connection with smelters' operations despite being slapped with cease and desist orders (CDOs).
The notice of violation signed by San Simon Mayor Abundio 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 Brgy. Dela Paz, San Simon, Pampanga.
Two CDOs, the latest served last 26 April, have been issued against the smelters for operating without a business permit and in 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 (DENR) has also issued notices of violation against the mentioned parties.
Despite the CDOs, the smelters continued to operate, prompting the municipality of San Simon to issue its "Third and Final Notice", highlighting issues surrounding 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 April 26, 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.
"Additionally, we have verified reports of environmental violations in your establishment particularly concerning the improper disposal of hazardous waste. It is imperative to adhere to environmental regulations to mitigate any adverse impacts on public health and the environment," Punsalan said.
Environmental NGO SEEDS PH commissioned a DENR-accredited laboratory to test the river beside Global Aseana Business Park last 9 February, which showed that the river upstream was basically free of traces of harmful chemicals and heavy metals.
However, a few meters away from Global Aseana's discharge point, almost 70 percent of the 23 parameters that were measured already showed contamination.
SEEDS PH Executive Director Dhel Pulanco said 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.
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.
"Furthermore, there are concerns regarding the health standards for employees at your establishment. Ensuring the well-being and safety of your workforce is essential to compliance with local regulations and fostering a responsible corporate environment," Mayor Punsalan added.
Pulanco commended Punsalan for taking up the cudgels for the environment and the surrounding communities being harshly affected by the illegal operation of the said smelters.
"While we are waiting for a more decisive action from Environment Secretary Ma. Antonia Yulo-Loyzaga, we in the civil society are comforted by the resolve of the local government of San Simon to be a true champion of our environment. We hope that Mayor Punsalan will not give in to any pressure and influence-peddling and continue to stand for what is right," Pulanco added.
