Senate to investigate alleged dumping of waste in Subic Bay

A defense contractor of the US Navy is facing a possible Senate investigation after allegations that one of its vessels had dumped hazardous waste in Subic Bay, the site of a former US naval base that has been transformed into a freeport.

The move follows an ongoing probe of the Subic Bay Metropolitan Authority (SBMA) into reports that MV Glenn Guardian, a vessel of the Malaysian shipping firm Glenn Defense Marine Philippines, had released waste water that was “beyond the permissible limits” into Subic Bay.

In a statement, Senator Miriam Defensor-Santiago said she would file a resolution for a legislative inquiry on Monday that would look into allegations that the shipping firm may have violated Republic Act 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act.

The law prohibits “the storage, importation, or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.”

“Our laws are clear on environmental protection, particularly Republic Act 9275 or The Philippine Clean Water Act of 2004 if indeed hazardous wastes were dumped on Subic Bay,” Senator Francis Escudero, chairman of the Senate Committee on Environment and Natural Resources, said in a separate statement.

RA 9275 prohibits any form of dumping of toxic waste inside Philippine territory.

“The main point that we need to determine at this point is whether hazardous wastes were dumped on Philippine waters and if so, how do we proceed to clean up, hold the contractor accountable, and make sure that such an incident does not take place again in the future,” he added.

The SBMA Ecology Center and the Coast Guard (PCG) had taken water samples from the MV Glenn Guardian last Oct. 16 to after some residents living along the bay’s shoreline reported possible hazardous waste coming from the ship.

“Per our standards, the sample was not fit for release to the environment as the organic content was beyond the permissible limits,” said Henry Habacon from the Subic Water and Sewerage Company (SWSC), which conducted the lab tests.

‘Without basis’

The shipping firm, which serviced the military ships USS Blue Ridge in 2007 and USS George Washington CSG in 2009 during their visits to Subic Bay, has denied the charges.

“How can we be accused of dumping waste when the ECSBMA has not even released any data relating to the issue? We are a law-abiding firm and we observe legal rules and procedures as regards environmental concerns,” said Retired Navy Vice Admiral Mateo Mayuga, Chief Executive Officer of Glenn Marine Defense Asia.

In a statement, Mayuga added, “The report is without basis and tend to malign the credibility and integrity of our company.”

This is not the first time that Glenn Marine has been accused of dumping liquid wastes into the sea. In 2011, the shipping firm was also alleged to have released wastewater near Manila Bay, and the case remains pending with the Department of Environment and Natural Resources (DENR).

According to published reports and Santiago’s statement, MV Glenn Guardian captain Eduberto Acedilla said during the inspection last month that the ship was carrying some 50,000 gallons of wastewater from faucets and toilets, and about 200 liters of bilge water.

“We tested it for domestic strength only, and results showed that it was beyond the permissible limits. The sample is of industrial strength,” Habacon told GMA News.

However, he cautioned that the company has not released the results of the study to the public yet. “The result we sent to the SBMA Ecology therefore is not conclusive whether the sample was toxic or not,” Habacon said.

Not covered by VFA

Meanwhile, the Department of Foreign Affairs (DFA) told GMA News that the Visiting Forces Agreement does not cover the actions of Glenn Marine.

“Since Glenn Defense Marine Asia Philippines Inc. cannot be considered as US personnel, clearly, its acts as third party contractors are not covered by the VFA. Let us allow the appropriate agencies of the Philippine government to complete their investigation into the matter,” said DFA spokesperson Raul Hernandez.

The US Embassy in Manila also issued a statement on the incident.

“We are aware of the allegations against Glenn Defense Marine Philippines, a contractor for the U.S. Navy in the Philippines, and we understand there is an ongoing investigation by the Subic Bay Freeport authorities. We will take appropriate action depending on the outcome of the investigation,” said Information Officer Tina Malone.

Senator Loren Legarda, Co-Chair of the Legislative Oversight Committee on the VFA, said the treaty should not be used “so that their contractors can wantonly violate the country’s environmental laws.”

She added, “We shall require a report on this incident and demand immediate action against all those involved in violating our laws.”

Mayuga asserted that Glenn Marine is a “responsible corporate citizen” that supports US Navy operations in 27 countries.

“We assure the public that the activities of our support vessels are in accordance with pertinent maritime domestic and international laws and regulations,” he said.

Threat to environment?

The SBMA has yet to determine where the waste dumping allegedly occurred, but already, several environment groups have expressed concern about the matter.

“Dumping waste of high toxicity level will definitely endanger the marine ecological system and the lives of people near the Subic Bay Port,” Gabriela-Southern Tagalog said in a statement.

Clemente Bautista of Kalikasan People’s Network for the Environment also said the owners of the vessel should be held accountable for their actions, if the waste dumping allegations are proven to be correct.

Meanwhile, the Ecowaste Coalition asked the SBMA to disclose the full results of the water sampling. “The deliberate disposal of waste at sea from ships and other vessels is most deplorable, and runs against the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (or the London Convention) and its 1996 Protocol (or the London Protocol),” the group said.

Early this year, President Benigno Aquino III signed the “Instrument of Accession” to the London Protocol, which has been in effect since June 8, 2012.

Liability of private contractors

Meanwhile, the leftist Bagong Alyansang Makabayan said the incident will be another test for the VFA, as it pushed for a probe into the operations of military contractors in the former US base.

“The US government is using private contractors so that it will not have any direct liability should there be problems with host countries. However, these private contractors arrogantly think that they are also insulated from any liability because they believe they are covered by the Visiting Forces Agreement. In the Subic waste dumping incident, we believe both the US government t and its private contractor are liable,” Bayan secretary general Renato Reyes Jr. said.

He also contested statements from both the Philippine and US governments that a private contractor has no liability under the VFA.

“The US government, being the one directly hiring the private contractors, should always be ultimately liable for any violations of Philippine laws. To say otherwise shows the patent lopsidedness of the VFA in favor of the US,” he added. — YA/LBG, GMA News
http://www.gmanetwork.com/news/story/281781/news/nation/senate-to-investigate-alleged-dumping-of-waste-in-subic-bay
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