Sunday, January 30, 2011

Invoking Coke’s Corporate Social Responsibilities: The Case of Dungon Creek, Ungca II, Pavia, Iloilo



Second Opinion                                                                                                                                           by: Ronaldo B. Gumban
         
The residents of Ungca II, Pavia, Iloilo complained about the infuriating and annoying odor coming from the segment of Dungon Creek where the liquid industrial waste of Coca-Cola Bottlers Philippines, Inc. (CCBPI) or Coke Iloilo Plant is being drained. I joined in their complaint and personally endorsed their letter to the Regional Offices of the Environment Bureau of the DENR 6 and the Department of Health on December 15 and 16, 2010 respectively.

Dr. Samson Guillergan, Chief of the Pollution Control Division of EMB-DENR 6 acted immediately on the complaint and an investigation was conducted on December 22 and 28, 2010 by Benjamin O. Cuales, Jr.  The Technical Conference was called on January 27, 2011 and presided by Atty. Johnathan Bulos. The  CCBPI-Coke Iloilo Plant management staff, Punong Barangay of Ungka II, LGU-Pavia MENRO Officer and Municipal Health Officer, and we, the complainants attended.

The technical conference started with presentation of the report submitted by Mr. Cuales. The states that the investigation was conducted on December 22, 2010 but because the Punong Barangay of Ungka II, Pavia, Iloilo was not around, Mr. Cuales conducted an investigation at the Coke-Iloilo Plant. On December 28, he met Punong Barangay Julieta Mantilla and he further verified the creek where the foul odor emanates.  It was stated in the report that odor is perceived only within the creek, but it was not pointed-out that  there was heavy rain on the 26th of December until midnight. It was made clear in the letter complaint that the intensity of the odor is reduced during rainy days.

The complainants who are residents of the area were not informed when investigation was conducted. This prompted them to ask if who the people whom the investigator met are, interviewed and talked to during his investigation. It was explained that according to PB Mantilla there are 100 houses in the area and the investigator assumed that the 100 households directly drain their waste water into the creek. He assumed that these households averagely composed of five persons and 500 persons contribute 18.5 kilogram per day of Biological Oxygen Demand (BOD) load into the creek while Coke-Iloilo Plant discharge only 7.075 kilograms per day based only on December 2010 laboratory report.

The report did not present the year round average of the laboratory data on the company’s BOD load. It did not even state the physical and chemical composition of the liquid industrial waste or effluent being discharged by the company into Dungon Creek. Personally I refused to accept the assumption presented because only few households directly drain their waste water into the creek. He pointed out that the household along the abandoned railroad are the ones draining their waste water into the creek. This is not true because more or less two hectares lot covered with grasses and vegetation separate these households from the creek and there is no draining canal in it. Further, if we accept the data presented, then it would mean that Vice Mayor Guillermo Hisancha of Pavia, Iloilo, who happens to reside near the creek, is also draining his household waste water into the creek. This is not true and it is unfair for the complaining community to be accused of contributing much higher BOD load than that of Coke-Iloilo Plant using unrealistic figures.

The report also discussed about carinderia along the national highway in front of the Pavia People’s Terminal as contributor to the foul odor of the Dungon Creek but miserably failed to include the presence of the big hauler trucks and crews staying overnight  in front of the Coke-Iloilo Plant. He reported only the flow rate of the liquid waste of the company which is 200 cu. meter per day but did not present the approved volume stated in the discharge permit granted and if the fees imposed on actual discharge volume has been paid to the government. Likewise, he stated that the company waste water is within the DENR EFFLUENT STANDARD but did not present the parameters or conditions set in the Discharge Permit of the company that is expiring in May 2011.

 It was not made clear from the start that Coke was issued only a Certificate of Non-Coverage (CNC) and not the more stringent Environment Compliance Certificate (ECC) because it existed before the approval of the law.  He explained that the company is producing 20,000 cases of coke 8 oz. and 16,000 cases coke litro but was not able to indicate the production volume reflected in the CNC.

In summary, I am puzzled why the report concluded that: “ ... in terms of BOD loading ... pollution load from the residents ... is higher compared to the pollution load introduced by ... Coca Cola Bottlers Philippines, Inc.” He blamed the complaining community of the foul odor coming from Dungon Creek while insisting that Coke-Iloilo Plant has complied with the effluent standard set by law.

 It is admitted that the company complies with the standards set for effluent but it did not elaborate if such is allowed to be drained to a receiving water body that is basically dead. This segment of Dungon Creek has no other source of water except when it rains. The water that flow through it comes from liquid industrial waste of Coke-Iloilo Plant and from the few households directly draining to it.

Further the report states: “Concentration of BOD in the existing body of water will continue to increase if the natural flow of this waste water is hampered by the uncontrolled and indiscriminate dumping of solid waste materials from the local residents of the said locality.” I would like to emphasize that while it is true that there are solid wastes found in the creek but the stagnant water is not caused by this solid waste but by the concrete structure that was constructed higher than the natural floor of the creek.

After the exchange of arguments, the Investigation Report was practically set aside and a more pro-active stand prevailed. Dr. Guillergan sustained that Dungon Creek is basically dead and that there is no process of dilution of the effluent at the creek. The existing classification of this creek is Class “C” but it was also entertained that it could be reclassified to Class “D” given the foul odor emanating from it. With this, the existing effluent standard of Coca Cola Iloilo Plant is not qualified to be drained into it according to Dr. Guillergan.
 
  The Technical Conference was adjourned with the following written commitments from Cola Bottling Company, Inc Iloilo Plant:

1.       Coke-Iloilo Plant shall redirect its effluent ( industrial liquid waste/waste water) from Dungon Creek to Jaro River on or before February 25, 2010;
2.       It shall assist and support in the rehabilitation of Dungon Creek in terms of financial and manpower aspects;
3.       The LGU, in coordination with the other stakeholders and Coke-Iloilo Plant to come-up with rehabilitation plan/program on or before March 15, 2011.

I am extending my utmost appreciation to the Coke management composed of Joel EC Cabalfin, Bernard F. Engada, Kim D. Majam and Fernando P. Fernandez who attended the conference for their pro-active stand in resolving the issue and the complaint raised against them. To the project affected people, continue to be vigilant, actively participate and cooperate in the drafting and implementation of the rehabilitation plan/program. Help Save Dungon Creek! We all know that the final resolution and implementation of the above commitments are not easy. What we need is the sincere commitment to protect and enhance the rehabilitation of our environment.

On the other hand, the Regional Director of the Department of Health Region 6 until now slept of the people’s complaint filed in his office on December 16, 2010. Probably, he is not aware or has not read the Code of Conduct for Government Officials and Employees which provides that officials and employees have to answer letters from the public within 15 days upon receipt thereof stating their action on the matter.

Anyway, the Office of the Ombudsman Visayas is ready to act on complaints on behaviours like this and impose the appropriate disciplinary action. (For your comments reaction email to frontpage.news@yahoo.com)