Raps filed vs importer, transporter of used oil

The National Anti-Environment Crime Task Force (NAECTF) has filed criminal charges against the importer and transporter of the 424,718 gallons of used oil from Palau that was intercepted at the Surigao City port last month.

Charged in the Department of Justice are the owners, officers, and personnel of Powerzone Petroleum Products Corp., OSM Philippines Shipping Inc., and Goldmarks Sea Carriers Inc.

They were accused of violating Republic Act 6969, or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, in relation with Republic Act 9275, or the Clean Water Act of 2004.

In its seven-page complaint affidavit, the NAECTF said it charged the owners, officers, and personnel of the three companies for "conspiring to violate" the law.

Powerzone is the reported importer of the used oil. OSM and Goldmarks are the reported owners of tugboat MT Jacob I and barge BG Cheryl Anne, respectively, which were used in shipping the used oil.

Powerzone, according to the NAECTF, obtained the used oil from the Palau Public Utilities Corp. (PPUC) through a contract, allegedly telling the PPUC that it would be delivered to Malaysia.

However, the NAECTF said that based on the documents it had gathered, the respondents had agreed to "illegally bring and unload the cargo of contaminated oil within the Philippines."

The NAECTF said the importation and transport of the used oil was not covered by any permit or clearance from the Department of Environment and Natural Resources’ Environmental Management Bureau (EMB).

"The importation was not covered by any importation clearance from the EMB; the transport was also not covered by any permit. Powerzone is not an accredited importer of hazardous waste and toxic substances, and OSM is not an accredited waste transporter. Thus, the importation is illegal under RA 6969 and RA 9275," said Undersecretary Roy Kyamko, NAECTF deputy chief.

Section 13 of RA 6969 states: "It is unlawful to cause, aid or facilitate, directly or indirectly, the storage, importation, or bringing into the Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation, or otherwise keeping in storage any amount of hazardous and nuclear waste in any part of the Philippines."

Violators of RA 6969 face a jail term of 12 years to 20 years, and an exemplary damage of P500,000.

Kyamko said the used oil, barge, and tugboat are now under the custody of the NAECTF in Surigao City.

He said samples of the used oil are 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. But if the samples are found to contain PCB, the shipment will be sent back to its source of origin in Palau," Kyamko said.

The NAECTF earlier filed administrative charges against the three companies with the Pollution Adjudication Board, also in violation of RA 6969.