BY ASHZEL HACHERO

THE municipal government of Rodriguez, Rizal, told the Metro Manila Development Authority to pay up or it would close the 14-hectare Montalban dumpsite to garbage trucks coming from Metro Manila starting Feb. 11.

Mayor Pedro Cuerpo yesterday said should MMDA refuse to pay up, the agency would have to look for other sanitary landfills where it could dump garbage for free. The Montalban landfill can accommodate 8,000 metric tons of wastes daily.

Cuerpo said the town has not been paid by the MMDA since last December.

"Kung di ito maresolba kaagad maari kaming magbawas ng tao sa munisipyo dahil mahihirapan kami sa pa-sweldo," he said.

Under the agreement signed by former MMDA chair Benjamin Abalos with the municipal government in 2001, the MMDA should pay P150,000 per metric ton or P42.86 per cubic meter of garbage that it dumps at the landfill or a total of P5.5 million every 15 days. The amount goes to social services and a beautification program.

When the agreement expired in August last year, MMDA chair Bayani Fernando requested Rizal Gov. Casimiro Ynares III to allow the MMDA to use the landfill for at least six months. Ynares acceded to the request on the strength of a provincial council resolution.

But the Rizal provincial and Rodriguez municipal governments presented conflicting claims and demanded separate payments from the MMDA for the use of the landfill.

To solve the impasse regarding the payment, the MMDA has filed a motion for intervention before Makati Judge Napoleon Inuturan to decide the rightful owner of the landfill.

Fernando asked Cuerpo to give more time to the Makati court to solve its petition before taking any drastic action.

"Baka ma-contempt tayo ng korte pag gumawa na tayo ng hakbang na hindi alam ng korte," he said.

He said the agency has the ability to pay for the use of the facility but that there is confusion as to whom the agency should pay.

Cuerpo said despite the pending motion for intervention by MMDA, the payment should not cease as the use of the facility continues.

He said his lawyers had advised him that he could not be cited for contempt because Inuturan withdrew last month the temporary restraining order (TRO) issued last Dec. 21 enjoining both parties from committing acts that may impair the delivery of garbage to the facility.

In reversing the TRO, Inuturan said he erred in issuing the resolution since the injunction can be enforced only within the territorial jurisdiction of the issuing court which in the case is the National Capital Region.

Fernando allayed fears of a garbage crisis.

MMDA is also using a secondary landfill in Tanza, Navotas, and in San Pedro, Laguna, which is being utilized by Parañaque, and Makati and San Juan cities.

Plans are afoot to use another dumpsite at Clark in Pampanga.

There is also a new 19-hectare facility in Rizal province but local officials said it is for the exclusive use of the province.

The Payatas dumpsite is for the sole use of Quezon City.