“GIHIMONG basurahan sa abog sa planta ang among komunidad,” declared Allan Kimnon, Sandag Clan representative of the B’laans. “Daghang nagkatol-katol, ubo ug nagkasakit tungod sa hugaw sa planta.”
Leaders of the Sandag Clan belonging to the B’laan Tribe, alongside climate group Philippine Movement for Climate Justice (PMCJ) and people’s organization Sanlakas filed a complaint against the Sarangani Energy Corporation (SEC) yesterday demanding the suspension of operations of the latter’s 240 MW coal-fired power plant in Barangay Kamanga, Maasim, Sarangani.
The surrounding communities have decried the DENR for its inaction in holding SEC accountable.
“Kadaot sa amo ning planta. Unta isuspenso usa para mapanalipdan ang panglawas sa tribo ug ang kinaiyahan. Asa na man ang DENR,” Kimnon rhetorically asked.
According to the complaint they filed, SEC has violated several conditions set by the Environmental Compliance Certificate (ECC) issued by the Department of Environment and Natural Resources (DENR).
Among others, the group says that communities have reported: “disruptive noise coming from the plant at night until the wee hours of the morning, disrupting their sleep.”
Provisions within the Memorandum Circular No. 002 released by the Environmental Management Bureau (EMB) in 1980 have prohibited the operations of construction activities from 7 pm to 7 am in the interest of those within the area.
The complaint also echoed the sentiments of the communities that the nuisance brought about by the noise of construction affects both the comfort and the health of people living near the site.
The complaint has raised concerns about the power plant’s violation of air quality standards.
It stated that ash coming from the power plant’s smokestack can be seen at any time of the day and that residents have resorted to covering furniture and other household items due to the amount of dust and soot entering their homes since the beginning of operations of the power plant.
Resident-complainants also said that the smoke enters and then leaves black marks on furniture and the walls of their homes while the foul smell from the power plant has caused nausea, and many have reported recently suffering from skin rashes.
“These are evident signs that the SEC has not been staying true to the requirements of their ECC. Not only is their power plant contributing to the climate crisis by burning coal, but they are also endangering the lives of communities despite the patent terms of their agreement with the DENR,” decried Rara Ada, Mindanao Coordinator of PMCJ and one of the signatories to the complaint.
The complaint claims that these are clear indications of possible violations of the standards set by the Clean Air Act of 1999. Despite being mandated by the Clean Air Act to install air quality monitoring devices in areas such as coal-fired power plants, SEC has not installed such devices.
Among the group’s demands is the installation of these devices with data and reference monitors openly available to the public.
“This is the second complaint filed with the EMB and DENR with the first one being dismissed for alleged lack of evidence. As the community suffers and endures fumes, dust, and noise from the coal plant operations, government regulators fail to fulfill their mandate to protect the environment and the health of the community. The DENR needs to be reminded that the burden of disproving allegations of pollution is on SEC in keeping with the precautionary principle embodied in our legal system. DENR must immediately investigate the issues raised and ensure strict compliance with environmental laws. Pending that, to abate it is being a hazard, SEC’s operation should be suspended,” asserted Atty. Aaron Pedrosa, Secretary-General of Sanlakas and Co-Chairperson of the Energy Working Group of PMCJ.
The Sandag Clan, PMCJ, and Sanlakas have enjoined the EMB to further investigate the operations of the power plant as they present serious risks and harm to the nearby community as well as potential violations of the country’s environmental laws.
They are asserting that the suspension of current operations of the SEC and the cancellation of the power plant’s ECC as a legal remedy should it be proven that clear violations have been made and the affected communities must be given a direct avenue to participate and express their demands in the investigation through the conducting of dialogues.
“Violations such as these have been the norm for coal-affected communities. In pursuing our national goals for a clean and healthy environment, the DENR must do better at real-time monitoring of the operations of coal plants and tracking potential violations of these dirty, deadly, and costly energy infrastructures. Overlooking proper implementation of our laws is not only tantamount to a distortion of our ECC processes but also to very real consequences for the health and well-being of residents of nearby communities,” said Ian Rivera, National Coordinator of the PMCJ.
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