Independent Investigation Findings of the SBFCC In Relation to the Alleged Toxic Waste Dumping

The Subic Chamber released on 2 December 2012 its findings titled, "Independent Investigation Findings of the Subic Bay Freeport Chamber of Commerce In Relation to the Alleged Waste Dumping by its Member, Glenn Defense Marine Asia Philippines Inc.

It is quite a read at 17 pages but below is the Executive Summary. The full text can be downloaded from the SBFCC Website.

EXECUTIVE SUMMARY

On 15 October 2012, a hazard call was received by the SBMA Ecology Center. It was later found that MT Glenn Guardian, a vessel owned by Glenn Defense Marine Asia Philippines Inc (“Glenn Defense”), dumped waste on Philippine marine waters. It was alleged on various media reports that the waste was dumped within the confines of Subic Bay, and that it was toxic. It was further alleged that Glenn Defense had no necessary government permits to dump waste and was said to have invoked immunity through the Visiting Forces Agreement (VFA).

Glenn Defense is a member of the Subic Bay Freeport Chamber of Commerce (“Subic Chamber”). It’s CEO, Retired Vice-Admiral Mateo Mayuga, is also its official representative to the organization.

The Subic Chamber, in its desire to safeguard the name of the organization deemed it necessary to conduct an independent investigation. Its Bylaws state that the Board of Directors shall have the power to suspend or expel any member for causes deemed inimical to the interests of the Chamber; obviously, only after thorough examination.

The initial investigation found prima facie evidence that there could be truth to the allegations. Glenn Defense was, thus, suspended by the Subic Chamber on 25 October 2012.

The Subic Chamber investigation continued and while not yet concluded with finality pending continued investigations by government agencies, the following interim findings were established:

1. The Glenn Defense vessel, MT Glenn Guardian, hauled 50,000 gallons of domestic waste from USS Emory S. Land, and this waste was discharged on Philippine waters.

2. The waste was likely dumped far outside the confines of Subic Bay, but the dumping was performed on an unlawful manner.

3. On whether the waste was toxic, DAO-35 has clear parameters whether to consider waste as toxic or not. Negative results on parameter tests commissioned by the Subic Chamber clearly indicate that the untreated waste from the US Navy ship was, according to DAO-35, conventional pollutants and not toxic and deleterious substances.

4. The waste was likely dumped outside Philippine Territorial Waters but still in violation of Philippine laws since the Philippines has jurisdiction over its exclusive economic zone.

5. Glenn Defense violated MarPol and Philippine Coast Guard regulations.

6. Glenn Defense does not have the necessary permits to haul and dump wastewater at sea.

7. Glenn Defense is not covered by the Visiting Forces Agreement (VFA).

The rationales for the above findings are described later in this document [full report here].

There seemed to be no question that Glenn Defense committed violations when they dumped waste absent of the necessary permits and by not following regulations. The Subic Chamber will, however, not make recommendations as to what penalties should be imposed. This is better left to concerned government agencies. The main purpose of the Subic Chamber’s investigation is to validate its actions against Glenn Defense in terms of its membership to the organization. The Subic Chamber, in any case, provided recommendations at the end of this document which, hopefully, will provide systemic solutions that might lessen the continuing pollution of Philippine waters.