DENR files charges vs used oil importers

Administrative charges were filed Wednesday against the importers and owners of two vessels which were allegedly used in an attempt to smuggle used oil from Palau. The charges were filed by the Department of Environment and Natural Resources (DENR) before the Pollution Adjudication Board (PAB). DENR Undersecretary Roy Kyamko, National Anti-Environment Crime Task Force (NAECTAF) deputy chief, said the task force will also file criminal charges at the Department of Justice against Powerzone Petroleum Products Corp. President and CEO Joseph C. Cua, OSM Phils. Shipping, Inc. and Goldmarks Sea Carriers, Inc. Power Zone Petroleum Products Corp. is the importer of the used oil while Goldmarks Sea Carriers and OSM Phils owned the vessels used in botched attempt to sneak in used oil. Goldmarks owns the barge BG Cheryll Ann while OSM Phils owns tugboat MT Jacob I, vessels which were were used in the foiled illegal shipment. Kyamco said they will be charged with violation of R.A. 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990." The task force chief said that Cheryll Ann and Jacob-I had no transport permits while importer Powerzone Petroleum Products did not have the required Transport, Storage and Disposal Facility (TSDF) Permit for hazardous materials. "Powerzone is not also included in the Environmental Management Bureau’s (EMB’s) list of registered Recyclers-Treaters of Hazardous Wastes. As such the company is not allowed to import the said used oil." Kyamko said. The charges were based on RA 6969. Section 13 of R.A. 6969 says that it is unlawful to bring into the Philippines territory any amount of hazardous and nuclear wastes in any part of the Philippines. In section 14 (b) of the same act, the penalty for violating the provisions of the law would mean imprisonment of 12 years to 20 years and payment of P500,000 in exemplary damage against the violators. Kyamko said the shipment, the barge and the tugboat are now under the custody of NAECTAF in Surigao City. Kyamko said samples of the used oil shipment are now being studied at the EMB laboratory to determine if they contain PolyChlorinated Biphenyl (PCB), a hazardous chemical compound. "If the samples do not contain PCB, the used oil will be considered as source of bunker fuel. If found to contain PCB, the shipment will be sent back to its source of origin in Palau," Kyamko said. Documents gathered by the NAECTAF showed that Jacob-I was issued a Vessel Departure Clearance by the Division of Transportation of the Republic of Palau on August 16, 2006 to transport 440,000 gallons of used oil for Malaysia. The documents also showed that on August 22, OSM Shipping Phils. requested for permission for the barge and tugboat to dock at the port of Surigao for emergency bunkering and food provisioning. The request was granted a day later. On August 27 the vessel was given clearance by the Philippine Bureau of Customs to proceed to other local ports from Surigao. However, the vessesl were barred from leaving upon the request of NAECTAF which said that the vessel should be held because it was headed for Manila and not Malaysia where it was supposed to unload its cargo. -GMANews.TV