DENR takes over ECCissuance in SBMA

BY REINIR PADUA

SUBIC FREEPORT ZONE —The DENR through the Environmental Management Bureau (EMB) Region III has temporarily lifted the closure order it had issued against the Subic Bay Marine Exploratorium, Inc. (SBMEI) that operates the Ocean Adventure Park, as DENR took full responsibility for the issuance of environmental clearance certificates for businesses inside Subic Bay Metropolitan Authority (SBMA).

The DENR and SBMA signed a memorandum of understanding, with the SBMA conceding the "DENR’s clout over environmental concerns inside SBMA."

Lormelyn Claudio, EMB-Region III director, said the lifting of the closure order would be subject to the full compliance of the SBMEI to the Environmental Impact Assessment (EIA) requirements set by the DENR.

Claudio said the lifting was based on the evaluation of the grounds presented by the SBMEI and the SBMA as well as a technical hearing conducted on the issue.

Claudio issued on August 3 a cease-and-desist order (CDO) to the SBMEI for its failure to secure an environmental compliance certificate (ECC) from the agency.

The CDO came following a decision of the Court of Appeals upholding the jurisdictional authority of the DENR to implement the Environmental Impact Statement (EIS) System. This includes issuing ECCs within the Subic Economic Freeport Zone.

All environmental clearances within the SBMA were issued by the SBMA’s Ecology Center.
With the CA ruling, the SBMA can only recommend the approval of ECCs applications to the DENR.

Claudio added that two hours after receiving the CDO, SBMEI submitted to the EMB regional office in San Fernando, Pampanga the environmental impact assessment document it had submitted to SBMA Ecology Center when it applied for ECC to the center.
SBMEI appealed to Environment Secretary Michael Defensor to allow them to continue operations, promising that they would abide by the rules and regulations of the DENR.
The SMBA also endorsed the appeal to the DENR and requested that other Subic Bay Freeport locators be given time to comply with the EIS System as well as with other requirements of the DENR.
The DENR said the Ocean Adventure Park was neverclosed, contrary to earlier reports.
Caludio added, "The DENR procedures provide for an appeal process. If the appeal is found meritorious, there is no reason not to consider it."

She said, however, that there would be evaluations of the project’s impact to environment. It would include concerns raised in 2001 by the stakeholders, particularly the Earth Island Institute.

The 15-point MOU will give the DENR visitorial rights over all industrial establishments operating within SBMA.
The freeport zone is within the 6,332-hectare Subic Watershed and Forest Reserve which was declared as a protected area by Presidential Proclamation 926 signed by President Corazon Aquino.

The MOU calls for the review and validation by the DENR of at least 300 ECCs previously issued by the SBMA’s Ecology Center.

The EMB said the evaluation will start as soon as the SBMA gives the list of the locators.