THE National Water Resources Board (NWRB) of the Department of Environment and Natural Resources (DENR) issued a cease and desist (CDO) order to the Bacolod City Water District (Baciwa) on the operation of its 14 deep wells without a water permit.
The two-page order dated November 10, 2017 was signed by NWRB Executive Director Sevillo David Jr.
The complaint was filed by a concerned citizen John Sy against the management of Baciwa in 2016.
The order, addressed to Baciwa general manager Juliana Carbon, stated “that in the ocular inspection conducted by the monitoring and enforcement staff of NWRB on April 3 to 7, 2017 at your premise, it was found out you are appropriating/utilizing 14 deep well sources located in Bacolod City without the benefit of water permits from the National Resources Board in violation of Article 13 of the Water Code of the Philippines.”
In the interest of due process, this Board issued a show cause order dated May 29, 2017, directing you to submit a written explanation under oath justifying said infraction.
In compliance, Baciwa sent its reply dated July 14, 2017, stating that most of the subject deep wells were merely turned over by subdivision developers to Baciwa, which upon verification, do not have corresponding water permits.
Baciwa also further expressed that it is collating the necessary requirements to commence the application of water permits for the subject deep wells, the order stated.
The NWRB cited that in cases where the violator is not a permittee or has no right to use the water whatsoever, the Board through its deputies or authorized representatives shall, in addition to the imposition of appropriate fines and penalties, cause the stoppage of the use of water either by plugging or sealing of the well if the same involves ground water appropriation without prejudice to the institution of a criminal/civil action as the facts and circumstances warrant.
The order stated that “in view of foregoing, you (Carbon) and all persons acting on your behalf, are ordered to cease and desist from further appropriating/utilizing ground water from said sources and to cause the closure and sealing of the subject wells within 15 days from receipt hereof.”
Carbon was also directed to submit an affidavit of compliance with the order within the same period.
Failure to comply with the directive shall constrain the Board to initiate the appropriate administrative and criminal charges against Baciwa in accordance with law, the order further stated.
Carbon said Baciwa has not yet received a copy of the order from the NWRB.
“If ever we will receive the copy, it will be endorsed to the Office of the Government Corporate Counsel for appropriate legal action and advice,” she said.
She added that when she inquired from the NWRB, she learned that only six deep wells are utilized by Baciwa and the rest are still applications for water permits.
Carbon said that she has not seen the letter-complaint of Sy.
She said that based on the data given to her, the six wells were already drilled by Baciwa, and they already applied for a water permit that until now has not been acted upon by NWRB.
She said the eight wells are still for up application for water permits.