City Council sees no impediment on crematorium plan
Does Mayor Jerry Treñas have the political will to decide on the complaint of the residents of Barangay Our Lady of Fatima, Jaro over the proposal of the Philippine American Cemetery Association (PACA) to establish a crematorium?
This question cropped up after the Sangguniang Panlungsod on Wednesday returned back to the barangay level the determination of the said issue.
The Sangguniang Panlungsod adapted the committee report of the committee on public services, environmental protection and ecology chaired by Councilor Perla Zulueta relative to the issue.
In the said committee report, it was agreed upon that the complaint of the oppositors or residents of Barangay Fatima be returned to them as the it is legal for the PACA to establish a crematorium inside the Philippine-American Cemetery in Commission Civil Street, Jaro and that the SP is not constrained to act on the complaint of the residents.
Zulueta, in her report explicitly discussed that Section 20 of Republic Act 8749 or the Philippine Clean Air Act of 1999 sub-titled "Ban on Incineration" does not prohibit PACA to set-up a crematorium though its proposed site is already populated.
Section 20 of the Philippine Clean Air Act states "incinerations, hereby defined as the burning of municipal, biomedical and hazardous waste which process, emits poisonous and toxic fumes is hereby prohibited. Provided, however that the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga," traditional, agricultural, cultural, health and food preparation and crematoria."
The proponent is also off-the-hook when it comes to the Implementing Rules and Regulations of Chapter XXXI- Disposal of Dead Persons of the Code of Sanitation of the Philippines or Presidential Decree 856, said Zulueta.
Section 8. 1.7 of the Code of Sanitation of the Philippines states "public and private cemeteries , funeral parlors and hospitals shall be allowed to establish and operate crematoria subject to the prescribed requirements of these implementing rules and regulations."
Zulueta added that PACA which is represented by its president Myrna Ilacio secured a Certificate of Non-Coverage from the DENR-Environmental Management Bureau. The certificate was signed by OIC Regional Director Bienvenido Lipayon and dated March 14, 2006.
She explained that the issuance of the Certificate of Non-Coverage negated the need for the issuance of an ECC prior to the implementation of the crematorium. The SP is not constrained to take any action on the matter as there is a need for the issuance of an ECC.
The DENR-Administrative order No. 2003-30 which governs on the Implementing Rules and Regulations (IRR) for the Philippine Environment Impact Statement (EIS) System, Article I Section 3 defines that Certificate of Non-Coverage as "a certification issued by EMB certifying that based on the submitted project description, the project is not covered by the EIS System and is not required to secure an ECC."
Zulueta also said the role of the City Council on the issue at hand is limited to whether or not it would grant a favorable endorsement of the project prior to the issuance of an Enviromental Compliance Certificate (ECC) by the Department of Environment and Natural Resources (DENR).
The PACA has not asked for an endorsement before the City Council for its ECC. The matter was referred to the committee on public services, environmental protection and ecology after a group of oppositors represented by residents of Brgy. Our Lady of Fatima has written the City Council.
The oppositors also requested that a permit relative to the issuance of the ECC be denied. "That is not within the ambit of authority of the Sangguniang Panlungsod to do," Zulueta said.
Meanwhile, Councilor Eduardo Peñaredondo said the Zoning Ordinance of the city also allows the establishment of crematorium under commercial category 2.