This is, of course, in relation to the on-going issue about the alleged dumping of toxic waste by US Navy contractor Glenn Defense Marine on Subic Bay waters.
On October 15, MV Glenn Guardian was observed by members of the Environment Committee of the Subic Bay Freeport Chamber of Commerce (SBFCC) to have been hauling domestic waste from USS Emory S Land, a US Navy ship docked at Alava Pier. This aroused curiosity since it would be expensive for vessels to haul wastewater from a ship already docked at a pier. It would normally be cheaper to use sewage trucks to do the same job.
The matter was reported to the SBMA Ecology Department to make sure that proper procedures were followed in getting rid of the waste. During inspection, MV Glenn Guardian’s captain admitted that the vessel was carrying around 50,000 gallons of domestic waste water and 200 gallons of bilge water (combination of water, oil, and grease).
The following day, October 16, when personnel from the Philippine Coast Guard and SBMA Ecology Department did a follow-up inspection, MV Glenn Guardian's captain said they have already discharged the wastewater 25 nautical miles from Subic Bay. The Ecology Department took samples from the ship’s holding tank and had those tested. It was later found that the samples contain high levels of effluents that are much higher than what the DENR allows.
But is dumping sewage to sea even allowed? Surprisingly, yes, according to MarPol, but only under specific conditions. MarPol, short for marine pollution, is the better-known term for the International Convention for the Prevention of Pollution from Ships, a convention signed by more than 130 countries, including the Philippines and the United States.
Let’s get to the specifics. Annex IV of MarPol is about the Regulations for the Prevention of Pollution by Sewage from Ships. Under Regulation 8, it mentioned that the discharge of sewage into the sea is prohibited, except when treated (comminuted and disinfected), but should still be discharged at a distance of more than 3 nautical miles from the nearest land. Untreated sewage, on the other hand, should be discharged at a distance of at least 12 nautical miles from the nearest land at a moderate rate when the ship is en route and proceeding at not less than 4 knots.
The 12 nautical mile limit, by the way, is largely based on the United Nations Convention on the Law of the Sea (UNCLOS) which generally states that the territorial waters of a country stretch to 12 nautical miles from its coastline.
Does this mean then that MV Glenn Guardian did not violate any laws by going out to sea and dumping sewage there? By the same token, could local government units (LGUs) simply collect sewage and dump it out to sea beyond the 12 nautical mile limit?
I beg to disagree.
Not only does this process seem wrong (and disgusting), the MarPol does not actually provide consent to it. If you look closely at MarPol’s regulation, the provision allowing the discharge of sewage to sea 12 nautical miles out is only for ships en route—an unassuming but nevertheless, important wording of the provision.
It did not state that a ship could intentionally go out of a port, dump sewage to sea, and then come back in. When a ship is already inside the jurisdiction of a country, then the laws and regulations of that country apply. Correspondingly, the Philippine Clean Water Act of 2004 prohibits discharging of materials which could cause water pollution, directly into water bodies.
So no, in my opinion, hauling raw sewage out to sea should not be allowed.
However, Memorandum Circular 01-2006 of the Philippine Coast Guard titled, "Rule prohibiting the dumping and discharging of wastes and other harmful matters," actually allows it, subject to conditions and permits, and even gave dumping destinations. For Central Luzon and Metro Manila, it's about 30 nautical miles southwest of Grande Island. Go figure.
No comments:
Post a Comment