The Baguio City Council is set to examine the legal risks associated with the operations of the Black Soldier Fly (BSF) facility at the Irisan Eco-Park, formerly a dumpsite, to ensure that legal constraints are not being violated.
In a forum during the city council’s session on November 4, 2024, Councilor Betty Lourdes Tabanda expressed concern about whether the operation of the BSF facility violates any existing court orders or directives from the Department of Environment and Natural Resources (DENR), specifically the cease and desist order for the decommissioned Irisan Dumpsite which may restrict certain activities related to waste management or waste-related operations.
The DENR has temporarily closed the Irisan Dumpsite after a surprise inspection revealed violations of the Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003). Despite the Writ of Kalikasan issued by the Supreme Court (SC) in 2012 ordering the closure of the site and turning it into an eco-park, the dumpsite continued to process waste, prompting the DENR to issue a cease-and-desist order.
A BSF facility has recently been set up at the Irisan Eco-Park to convert biodegradable waste into soil fertilizers. The BSF larvae consume large amounts of organic waste daily, producing nutrients used in parks.
The BSF technology is part of a waste management system aimed at addressing the food waste problem in the city. This large volume of waste coming from households, restaurants, and apartments often gets mixed with general waste and creates foul odors.
According to Mark Anthony Solano of the Environmental Management Bureau (EMB-DENR), the BSF project was initially a collaborative initiative between the DENR and the city government. He explained that the BSF facility was originally intended for demonstration purposes, showcasing how BSF could be utilized in biowaste management at the barangay level. However, certain individuals have since taken over the area, raising concerns about possible future commercial operations that could conflict with legal constraints.
Solano stressed that the area is still covered by a continuing mandamus issued by the Court of Appeals. The mandamus orders that the Irisan Dumpsite be permanently closed and that the area cannot be used for any waste-related activities, including staging or processing food waste.
Furthermore, Solano suggested that while the BSF “showcase” at the Irisan Eco-Park is acceptable, the city government should look for other sites if it plans to scale up the BSF project and allow it to operate for commercial use.
General Services Office (GSO) Head Eugene Buyucan confirmed that the current facility is not commercial in nature but a showcase of the technology. He said the space within the eco-park is too small for commercial production and the intention behind the project is educational and experimental rather than commercial.
It can be remembered that the city government has made a public announcement that it would no longer collect biodegradable waste. This created confusion and concern among residents, leading to the introduction of the BSF project as a solution for handling biowaste at the community level.
Buyucan said the city is now facing the challenge of explaining to residents that biowaste will no longer be collected and is now introducing the BSF technology as a solution to biowaste management problems without needing commercial operations.
He also claimed that the EMB-DENR had issued a report that recommends the lifting of the Writ of Kalikasan. He said the next step hinges on the City Legal Office (CLO) which is currently reviewing the matter to determine what kind of legal actions need to be taken.
Solano said the EMB had already provided a copy of the report to both GSO and CLO and that the latter had been sitting on this matter since last year. He stressed that the action needed now is for the city government to follow through by filing a motion to lift the Writ of Kalikasan.
Tabanda also raised concern regarding the lack of a Memorandum of Agreement (MOA) or the failure to present one. The MOA is crucial to formalize the agreements between parties involved in the operation of the BSF technology and to ensure clarity on who is responsible for what.
Buyucan clarified that the BSF facility is being operated by Green Technology, a company focused on eco-friendly technologies for waste management, in partnership with the city’s current hauler, SFO.
GSO chief said the MOA is already with the CLO for review. Once the MOA is approved, it will formalize the relationship between all parties involved and allow the city government to proceed with operational plans.
The city council requested Buyucan to facilitate the necessary documents related to the operation of the BSF technology, including agreements or contracts that officially establish the roles and responsibilities of each party involved.
Acting Vice Mayor/Councilor Jose Molintas pointed out that the DENR should be informed about current and future developments on this matter. He urged Buyucan to furnish the DENR with copies of all relevant documents and agreements to ensure that the agency is aware of the operations and can raise any objections if necessary.
The matter was referred to the Committee on Health and Sanitation, Ecology, and Environmental Protection headed by Tabanda for study and recommendations on any legislative action to be taken by the city council.
The forum also explored other possible future endeavors for expanding BSF operations. Dr. Ronald James Bayang, a proponent of BSF technology and an initial member of the team that set up the Irisan BSF facility, was relocated by the City Environment and Parks Management Office to a larger site with the goal of establishing a more cost-effective model suitable for barangays.
Bayang said his organization, Agri-Tech, is more concerned with solving the problem of biowaste at the barangay level. Its focus is not just showcasing the technology but addressing the actual waste management needs in communities. Baguio City – Sangguniang Panlungsod Release
