Coast guard raises fines on waste dumping

MANILA, Philippines - The Philippine Coast Guard (PCG) said that by early next month, vessels caught illegally dumping wastes and other harmful matter within the country’s maritime borders would be fined sums ranging from P100,000 to P500,000.

The PCG announced last week that Memorandum Circular No. 11-14, “Procedures for the dumping of wastes and other harmful matters within the Philippine maritime jurisdiction,” increased the existing penalties and fines.

Penalties were raised from P10,000 to as much as P500,000 in compliance with Republic Act No. 9993 that covers the Philippine Coast Guard Law of 2009 and its implementing rules and regulations.

“Administrative fines and penalties shall automatically be increased by 10 percent every three years from the effectivity of this Memorandum Circular to compensate for inflation and to maintain the deterrent effect of such fines,” the PCG said.

The PCG said it is unlawful for any person to discharge, dump, permit the discharge of noxious, gaseous and liquid substances, toxic and hazardous wastes, infectious/pathological wastes and other matter in any form from company refineries, terminals, depots, ports, oil companies, ships, tankers, barges, dredgers, oil and gas explorers, power plants/barges and shipyards, and other establishments into Philippine maritime jurisdiction.

The prohibition is lifted when there is a need to secure the safety of human life or vessels, tankers, oil barges, dredges, platforms or other man-made structures at sea in case of force majeure, or in case there is real, actual and imminent danger to human life.

Dumping is allowed if it “appears to be the only way to avert the threat that there is great probability that the damage caused by reason thereof is less than could have otherwise occurred,” the PCG added.

The PCG will also allow dumping if the company or project is covered by an Environmental Compliance Certificate; if it submits laboratory analysis from the Department of Environment and Natural Resources or its accredited laboratories, and if it had considered its waste management options.