State-run Bases Conversion and Development Authority (BCDA) said the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac lacks the required authority to operate (ATO) or business permit.
The agency warned that any attempts to continue operations at the site are illegal.
It said the contract for services between Metro Clark Waste Management Corp. (MCWMC) and Clark Development Corp. (CDC) expired on Oct. 5, 2024 and is neither renewable nor extendable.
The BCDA said the landfill’s ATO and business permit also expired. Following this, the CDC issued a notice to cease and desist operations and a demand to peacefully vacate to MCWMC.
The Regional Trial Court (RTC) of Capas, Tarlac also denied MCWMC’s request for a writ of preliminary injunction in a mandamus case against the CDC.
The court ruled against compelling CDC to issue an ATO or business permit and barred MCWMC from seeking to prevent CDC’s coordination with local government units (LGUs) utilizing the landfill.
The Court of Appeals granted the BCDA and CDC a temporary restraining order (TRO) in CA-GR SP Case No. 186856, effectively preventing the RTC from enforcing its earlier injunction that prohibited BCDA and CDC from removing MCWMC from the Kalangitan site.
Without an ATO from CDC, the continued operation of the Kalangitan landfill violates Republic Act No. 9003, the Ecological Solid Waste Management Act of 2000, rendering its use unauthorized and unlawful, the BCDA said.
The BCDA also urged local government units, businesses and government agencies to cease using the landfill and seek alternative waste management facilities accredited by the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB) for their solid waste disposal needs.
The BCDA also called on all stakeholders to uphold the rule of law and cooperate peacefully to ensure waste management efforts in Central Luzon and nearby areas proceed without disruption.
