Glenn Defense Liable For Dumping

MANILA, Philippines --- The Senate committees on foreign relations and environment and natural resources said Glenn Defense Marine Asia should be made liable for dumping hazardous wastes in Subic Bay last October 2012 and recommended that the government file charges against Glenn Defense for its failure to comply with the country's environmental and marine protection laws and regulations.

Sen. Loren Legarda, chair of the foreign relations committee, which headed the Senate inquiry into the toxic wastes dumping incident, also debunked Glenn Defense's claims it is contracted by the US Navy to service its military ships and is covered by the US-Philippines Visiting Forces Agreement (VFA).

Related story: Stuck Minesweeper to Be Cut Into Pieces

Legarda, in her 134-paged committee report, said Glenn Defense is actually a Philippine-registered company providing husbanding and relations services to visiting US ships contrary to its earlier assertions. The company, she said, is not operating vessels for the United States Armed Forces and its employees are not part of the US personnel as defined in the VFA.

"Glenn Defense is not covered by the VFA...These were false claims made by Glenn Defense to escape coverage from Philippine laws and regulations. It operates under a service agreement with Glenn Defense Marine (Asia) Pte Ltd, a private corporation duly organized and existing under the laws of Singapore," said Legarda.

"Glenn Defense, therefore, can be likened to a sub-contractor that is liable for any omission or violation it may have committed in the course of providing contracted services to US Navy ships," she said.

Also read: Another US Warship Docks at Subic Pier

The committee report recommends that the government through the Subic Bay Metropolitan Authority, the Philippine Coast Guard and the Department of Environmental and Natural Resources (DENR) to initiate administrative proceedings against Glenn Defense for its failure to comply with the country's environmental and marine protection laws and regulations and to impose the necessary penalties as warranted.

The company also failed to comply with the regulatory and permitting requirements of the government when it dumped around 200,000 liters of sewage waste in Philippine sea waters on Oct. 15, 2012.

Legarda said that in its report to the Senate, the PCG declared that "there is no record to show that subject vessel or the owner/operator of Glenn Defense Marine (Asia) Philippines Incorporated had forwarded any request for dumping or discharging of sewage waste" to the PCG.

Related story: U.S. military to increase presence in Philippines

"Glenn Defense, by practice, has been dumping sewage waste collected from US Navy ships into the seawaters over the years without permits from the government. A certification from Subic Water showed that from October 15 to November 19, 2012, more than 4 million liters of sewage were collected from just one US ship. Had it not been for the investigation, these wastes would have probably found its way again into our seawaters," Legarda said.

The committee report also found out that the sewage wastes dumped by Glenn Guardian on October 15, 2012 in sea waters were found to be in excess of permitted effluent standards in violation of DENR standards. The laboratory results also showed the presence of alarming levels of oil and grease, wastes considered hazardous under Republic Act. No. 6969.

Apart from this, Glenn Defense, she said, is not an accredited sewage waste collector or collector of other related harmful substance, violating a PCG memorandum Circular 03-2005. It did not also dump the sewage wastes in the duly-designated dumping areas identified under the PCG circular.

Also read: Trump Jr. wants U.S. ship saved before Tubbataha

The Senate, however, said it also questioned how Glenn Defense was able to secure from Maritime Industry Authority two exemption permits in 2011 even as marine regulations, effective at that time, required such permits as a pre-requisite for the temporary operation of foreign vessels in the country.

"This action on the part of MARINA deserves scrutiny considering that this action contravenes the very policies that RA 9295, the Domestic Shipping Development Act of 2004, sought to promote, including that of ensuring the continued viability of domestic shipping operations and the provision of necessary assistance and incentives for the continued growth of the Philippine domestic merchant marine fleet," the senator said.

"While conflicting interests are evident in the issues at hand, it is indisputable that Glenn Defense has violated Philippine laws," the report said.

Legarda also reiterated that the VFACOM (Presidential Commission on the VFA) mandate of 'ensuring respect for Philippine Laws, state policies, and strict compliance with the rules and regulations promulgated by the concerned departments and agencies under Executive Order No. 199 needs to be strongly enforced.

"This incident and the unfortunate grounding of a US minesweeper in Tubbataha Reef are two different incidents, grounded on the same issue - the need for better coordinative and implementing arrangements to ensure "respect for Philippine laws, state policies...and strict compliance with rules and regulations" by our treaty partner and all entities performing services outside of the VFA, but related to its implementation," she said.

"There is something terribly wrong, when a private commercial entity, instead of rectifying its omissions and violation of laws, claim that a Senate investigation results to waste of government time and resources. The findings in this report speak for itself. Our government agencies need to understand that in any Agreement or Treaty, national interest is first and second to none," Legarda said.

 Related slideshow: Tubbataha Reef damage

A Philippine coast guard wades towards the USS Guardian trapped on the Tubbataha coral reef, January 22, 2013 off the western island of Palawan after it ran aground on January 17
1 / 8
AFP News
Wed, Feb 27, 2013 12:57 PM PHT

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • US renews travel warning to Mindanao
    US renews travel warning to Mindanao

    The US State Department renewed its warning about the risks of travel to the Philippines, in particular to the Sulu archipelago, certain regions and cities of Mindanao and the southern Sulu Sea area. In an update on Wednesday of a travel warning it issued Nov. 20, 2014, the State Department said US citizens should continue to defer non-essential travel to the Sulu archipelago due to the high threat of kidnapping of international travelers and violence linked to insurgency and terrorism there. …

  • Phl gains support for APEC Action Agenda
    Phl gains support for APEC Action Agenda

    The Philippine initiative to put the interests of micro, small and medium enterprises (MSMEs) front and center in global and regional trade has made significant progress following the conclusion on Thursday of the 2nd APEC Senior Officials’ Meeting (SOM2) and Related Meetings in Boracay, Aklan. Called “The Boracay Action Agenda to Globalize MSMEs,” the Philippine proposal calls for a host of specific, concrete and practical interventions that APEC economies can implement to provide MSMEs wider …

  • Phl to join Bangkok meet on Rohingya crisis next week
    Phl to join Bangkok meet on Rohingya crisis next week

    The Philippines will join a 15-nation meeting in Bangkok, Thailand next week to address the migration crisis involving thousands of Rohingyas who escaped persecution in Myanmar and Bangladesh. Justice Secretary Leila de Lima bared this yesterday after meeting with United Nations High Commission for Refugees (UNHCR) representative to the Philippines Bernard Kerblat. In an interview, De Lima said the Philippine government has been invited to the meeting. …

  • Magnitude 4.2 quake jolts Sorsogon
    Magnitude 4.2 quake jolts Sorsogon

    LEGAZPI CITY—A magnitude 4.2 earthquake hit Prieto Diaz town in Sorsogon before dawn yesterday, the Philippine Institute of Volcanology and Seismology (Phivolcs) said. …

  • Drought-resistant rice breeds bared
    Drought-resistant rice breeds bared

    SCIENCE CITY OF MUÑOZ, Nueva Ecija – Amid the searing heat, the Philippine Rice Research Institute central experiment station here has identified nine rice breeds which have been proven to be drought-resistant and produce high yields in temperatures as high as 38°C based on a recent study. Thelma Padolina, lead researcher of the study titled “Screening of rice-induced mutants for heat and drought tolerance,” identified the breeding lines as the Ballatinaw lines, PSB Rc72H and Azucena lines. …

  • Phl, US assert rights, ignore China warning
    Phl, US assert rights, ignore China warning

    The United States military will continue air and sea patrols in international waters even after the Chinese navy repeatedly warned a US surveillance plane to leave the airspace over artificial islands China is creating in the disputed South China Sea. The Philippine government also declared it would continue activities in the region, calling on China to respect freedom of navigation and aviation. “Our position on the importance of letting freedom of navigation, freedom of aviation and …

  • MM shutdown eyed for quake drill; 6 schools warned
    MM shutdown eyed for quake drill; 6 schools warned

    Electricity and mobile phone services would be cut throughout Metro Manila, and all private and government offices and businesses, including shopping malls, would be closed. The Philippine Institute of Volcanology and Seismology (Phivolcs) has warned that an earthquake of that magnitude could occur and kill at least 33,500 people and injure at least 113,600 others following a movement in the West Valley Fault. The West Valley Fault has moved four times in the past 1,400 years at an interval …

  • Subaru XV now priced among sedans
    Subaru XV now priced among sedans

    Motor Image Philipinas (MIP), the authorized distributor of Subaru in the country, has positioned its brand new crossover SUV, the Subaru XV, well within the sedan segment’s price range. This move, according to MIP, was made to give the public an opportunity to experience the brand’s unique automotive technologies by lowering its price. Buyers of […] The post Subaru XV now priced among sedans appeared first on Carmudi Philippines. …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options