Despite the 60-day temporary restraining order (TRO) that the Court of Appeals issued at the contested Kalangitan Sanitary Landfill in Capas, Tarlac, its previous management, the Metro Clark Waste Management Corp. (MCWMC), continues to operate, which is now being irked by the Bases Conversion and Development Authority (BCDA)

On Tuesday, the BCDA said they denounced the unhampered illegal operations of the MCWMC of the Kalangitan Sanitary Landfill, stating that the TRO essentially allows the land owner, BCDA, to recover the state-owned property, there being no effective injunction that will hinder it to do so.

Further, the BCDA said MCWMC has no valid Authority to Operate (ATO) and business permit issued over the said landfill.

“It was recently reported and documented that MCWMC has illegally set up a station along the road outside the landfill, encroaching on BCDA land outside of the facility. Aside from the barriers set up by MCWMC preventing recovery efforts, security on the ground reported a foul smell emanating from the Kalangitan Sanitary Landfill, raising health and safety concerns for the neighboring communities,” the BCDA statement read.

Moreover, BCDA said representatives from the Philippine National Police, the Department of Environment and Natural Resources, as well as sanitation inspectors and public health officials from the Provincial Government of Tarlac and Municipal Government of Capas, were immediately contacted by BCDA to prevent further harm to neighboring communities and authorities on the ground during recovery efforts.

“BCDA urges MCWMC to uphold the rule of law, to stop trespassing on government property, and to cease its illegal operations of the Kalangitan Sanitary landfill in Capas, Tarlac,” it said.

With this, BCDA renews its call for local government units, businesses, and other clients to stop using the sanitary landfill. 

“To reiterate, the landfill has no Authority to Operate (ATO) or business permit. Continued use of the facility constitutes a violation of existing environmental laws such as Republic Act 9003 or the Ecological Solid Waste Management Act of 2000,” the BCDA said.

On the other hand, the BCDA also assured the public that it is in coordination with the DENR-Environmental Management Bureau, the concerned LGUs, and other stakeholders to ensure the non-disruption of waste management services in affected areas.

MCWMC’s 25-year contract for the Kalangitan sanitary landfill facilities has expired in October 2024, making the BCDA to take over the said property.

They said based on the legal opinion of the Office of the Government Corporate Counsel, BCDA’s statutory counsel, extending the contract between Clark Development Corporation (CDC) and MCWMC beyond October 2024 would be against the Build-Operate-Transfer (BOT) Law, the framework used in bidding and awarding the contract for the project.

Moreover, the BCDA maintains that a sanitary landfill is no longer consistent with the government’s vision of transforming New Clark City into a premier investment and tourism destination.