The Bases Conversion and Development Authority (BCDA) reiterates that the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac, has no Authority to Operate (ATO)/ business permit and any attempt to continue its operations would be against the law.
The BCDA remains firm that the Contract for Services between Metro Clark Waste Management Corp. (MCWMC) and Clark Development Corporation (CDC) expired last October 5, and cannot be renewed or extended.
Accordingly, the company’s ATO/business permit for the Kalangitan landfill site has also expired. With this, the CDC had issued its Notice to Cease and Desist Operations and Demand to Peacefully Vacate against MCWMC.
The Regional Trial Court (RTC) of Capas, Tarlac, in Special Civil Action Case No. 99-24, denied MCWMC’s prayer for the issuance of a Writ of Preliminary Injunction in the case for Mandamus filed against the CDC, wherein MCWMC sought to compel CDC to issue the ATO/business permit and enjoin CDC from coordinating with local government units that are utilizing the Kalangitan landfill site.
Additionally, the BCDA and the CDC were granted a Temporary Restraining Order by the Court of Appeals, in CA-GR SP Case No. 186856, enjoining the Regional Trial Court of Capas, Tarlac from implementing its Writ of Preliminary Injunction which then prohibited BCDA and CDC from directly or indirectly removing MCWMC from the Kalangitan landfill site.
Considering CDC has not issued any authority to operate Kalangitan as a waste disposal facility, its continued use as a sanitary landfill would violate existing laws such as Republic Act 9003 or the Ecological Solid Waste Management Act of 2000; hence, its continued use is unauthorized and illegal.
In line with this, the BCDA is seeking the cooperation of local government units, other government agencies, and businesses to stop using the sanitary landfill. They are strongly urged to explore other waste management facilities recognized by the Department of Environment and Natural Resources- Environmental Management Bureau for their solid waste management requirements.
The BCDA appeals for all stakeholders to uphold the rule of law and make way for peaceful cooperation to ensure the non-disruption of waste management efforts in Central Luzon, as well as neighboring cities and provinces.
