Construction of landfill in watershed area, illegal
"I have been informed that a landfill will be constructed in a portion of a watershed area situated in our town. The local government unit (LGU) has stated that it will do anything necessary to preserve and not contaminate the watershed area while construction is on-going. I am a concerned citizen, so I want to know if the LGU can legally implement such a project.Yuri
Dear Yuri,For your information, the law that addresses your situation is Section 48 (12) of Republic Act 9003, otherwise known as the “Ecological and Solid Waste Management Act of 2000,” which reads:
“Section 48. Prohibited Acts - The following acts are prohibited:“xxx
“(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof.”Relatedly, the same law provides a penalty for violation of the same, viz:
“Section 49. Fines and Penalties –“(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.”It is clear from the cited provisions that the construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof is illegal and may subject the offender to a penalty of fine or imprisonment, depending upon the discretion of the court. In your situation, the concerned LGU may be held liable if it should proceed with the construction project of a landfill.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/
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"Construction of landfill in watershed area, illegal" was written by Mary under the Legal Advice category. It has been read 616 times and generated 1 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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