Legarda, Pimentel also want to probe toxic waste dumping in Subic

Senator Loren Legarda: Top choice. INQUIRER FILE PHOTO

MANILA, Philippines – Senators called for an investigation Monday into the alleged dumping of toxic wastes by a United States (US) Navy contractor in Subic Bay last October 15, 2012, as they expressed interest in revisiting the Visiting Forces Agreement.

Senator Loren Legarda said in the resolution that laboratory testing conducted by the Subic Bay Metropolitan Authority (SBMA) of the contaminated water found its toxicity level exceeded “the levels set by international marine pollution conventions.”

“If it is indeed established that the subject private contractor violated our environmental laws, they should be made to answer, and penalties need to be imposed to the fullest extent of the law,” she said.

As much as 189,500 liters of domestic waste and 760 liters of bilge water had allegedly been dumped some 37 kilometers from Subic Bay by a tanker owned by a US Navy contractor.

The Senate Resolution directs the Senate Committee on Foreign Relations and the Committee on Environment and Natural Resources to investigate the matter and ensure the implementation of environmental laws and preserve the national interest.

“This investigation, in aid of legislation, will be a necessary step for us in order to reevaluate the implementation of our environmental laws and to ensure that implementation of Philippine treaties and agreements with other countries will continue to serve the paramount objective of protecting the national interest,” Legarda said.

She cited reports that the contractor had used the VFA between the Philippines and the United States “to avoid investigation and possible criminal liability.”

Senator Aquilino Pimentel has filed a separate resolution also calling for an investigation into the matter and saying that “the VFA cannot be used as a cloak to violate Philippine environmental laws and thereby allow any person or firm to deliberately contaminate our seas with impunity.”

“In flagrant breach of the standards set by international marine pollution conventions, the test results of the liquid waste taken from MT Glenn Guardian showed high toxic levels, indicating the highly hazardous nature of the liquid waste dumped into Philippine waters,” Pimentel said.

He pointed out that the VFA would likely be needed to look into once more to prevent this from happening again in the future.

“There might be a need to revisit the VFA to ensure that under no circumstances may the US or any of its agents be allowed to freely dump their toxic, hazardous, and possibly radioactive wastes in any part of our territory, be it on land or in our seas, with impunity,” he said.

Senator Miriam Defensor-Santiago has also filed a resolution that said Glenn Defense Marine (GDM), the US Navy contractor, had been regularly dumping waste into the country’s waters.

“There are allegations that these GDM vessels just dump their load at the pier where they are berthed; it was alleged that GDM barges come in heavy-loaded from the US navy ships and the next day, they became empty and their hulls are again elevated even if they never leave the Naval Supply Depot area,” she said in her resolution.

She also pointed out that in 2011, GDM had been charged before the Department of Environment and Natural Resources for dumping liquid waste a few miles from Manila Bay.

Santiago also said that the vessels have not been securing permits from the government to dump wastes in the country’s waters pursuant the requirements indicated in the VFA.

The wastes dumped by the vessels were said to have been collected from US Navy vessel that have visited the country.

“The issue of dumping toxic wastes in Philippine waters and soil has been a perennial problem of the Philippine government, the legislature should therefore create a clearer and more concise measure that will address the lacunae in existing environmental laws to respond to certain aspects of environmental protection that involve foreign parties,” Santiago said.