PPIC legal counsel Brigido Dulay said environment management officials who conducted an inspection in the area last June 30 reported that "no spillages of coal materials were observed within the area of PPIC."
Dulay said the report of the DENR officials debunked "myths that the armed assault on the Poro Point seaport and bulk terminal was based on alleged environmental issues."
Dulay pointed out that the report was submitted to DENR regional director Joel Salvador prior to the Aug. 5 takeover of the facility by armed groups.
"We are alarmed by the disclosure of this report by the staff of Director Salvador since this definitely contradicts the very basis of the violent takeover," Dulay pointed out.
The DENR staff report pointed out that only "traces of coal materials were found around and at the loading area of PPIC." The report underscored that the stockpile of coal materials found some 100 meters from the Poro Point shoreline were owned by Saturn Cement Marketing Corp. and not by PPIC.
"The coal materials are confined in a designated area and no traces of coal materials were observed outside the stockpile area up to the shoreline," the DENR report said.
The DENR report also said the water discharged by ships docking in the area "is ballast water and accordingly, it is not waste water." Ballast water is used in balancing the ship while sailing across the sea, the DENR report pointed out.
The DENR report also said that the "western portion of the PPIC compound was riprapped which serve as mitigating measures such that coal spillages whenever there are any in the compound would not be washed or carried by rain water to the sea."
Dulay pointed out that the DENR report "shows that there is no environmental problem in the Poro Point seaport which warranted a cease-and-desist order (CDO) from the DENR regional director."
He said the CDO is issued only in cases when there is an imminent major environmental disaster.
This was not the case with Poro Point, he explained. He said the fact that the Salvador CDO was signed on July 25 and issued only on Aug. 4 was evidence that there was no imminent danger to the environment.
Dulay said the DENR report absolving the PPIC from any major environmental infraction "raises more questions as to why the BCDA resorted to an armed violent takeover of Poro Point."
Dulay said PPIC is studying additional legal options in the light of the recent disclosure of the DENR report debunking allegations of environmenal infractions.
"We will let the legal processes determine and penalize the culpabilities here," he said.