The Philippine Senate Committee
Report
No. 237
On Toxic Contamination in the
former U.S. Bases
in the Philippines
(2000)
ELEVENTH
CONGRESS OF THE)
REPUBLIC OF
THE PHILIPPINES)
Second
Regular Session )
S E N A T
E
------------------------------------------------------------------------------------------
COMMITTEE REPORT NO. 237
Submitted by the Committees on Environment and Natural resources, Health and
Demography, and Foreign Relations on ______________.
Re: P.S. Res.
Nos. 158, 162, 172, 281, 303, 576 and 587 taking into consideration P.S. Res.
No. 460.
Recommending
the adoption of the recommendations contained therein.
Sponsors:
Senators Robert S. Jaworski, Juan M. Flavier, Miriam Defensor Santiago, Loren
Legarda Leviste, Anna Dominique M.L. Coseteng, Sergio Osmena III, and the
members of the Committees on Environment and Natural Resources, Health and
Demography, and Foreign Relations.
------------------------------------------------------------------------------------------
Mr.
President:
The committees on Environment and Natural Resources, Health and Demography and
Foreign Relations to which ere referred P.S. Resolution No. 158 introduced by
Senator Juan M. Flavier, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON ENVIRONMENT AND NATURAL RESOURCES AND ON HEALTH AND
DEMOGRAPHY TO INVESTIGATE, IN AID OF LEGISLATION, THE ALLEGED PRESENCE OF TOXIC
AND HAZARDOUS WASTES IN THE FORMER U.S. MILITARY INSTALLATIONS OF SUBIC AND
CLARK WITH THE END IN VIES OF DETERMINING THE LEVEL OF THREAT IT POSES AND IN
ORDER TO INSTITUTE THE NECESSARY REMEDIAL MEASURES
P.S.
Resolution No. 162, introduced by Senator Miriam Defensor Santiago, entitled,
RESOLUTION
DIRECTING
AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED CONTAMINATION OF CLARK AND
SUBIC WATERS WITH TOXIC SUBSTANCES
P.S.
Resolution No. 172, introduced by Senator Loren Legarda-Leviste, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON ENVIRONMENT AND NATURAL RESOURCES AND FOREIGN RELATIONS
TO INQUIRE, IN AID OF LEGISLATION, INTO THE TOXIC CONTAMINATION WITHIN THE
FORMER U.S. BASES AND TO RECOMMEND THE CREATION OF A MULTI-SECTORAL TASK FORCE
COMPOSED OF REPRESENTATIVES OF THE PHILIPPINE AND UNITED STATES GOVERNMENTS AND
THE SENATE COMMITTEES, CONCERNED NON-GOVERNMENTAL AND PEOPLE’S ORGANIZATIONS AND
TECHNICAL/ SCIENTIFIC EXPERTS WHICH WILL COOPERATE IN THE PLANNING AND
MONITORING OF THE THOROUGH STUDY, CLEAN-UP AND RESTORATION OF CONTAMINATED SITES
IN SUBIC AND CLARK
P.S.
Resolution No. 281, introduced by Anna Dominique M.L. Coseteng, entitled,
RESOLUTION
URGING HIS
EXCELLENCY PRESIDENT JOSEPH ESTRADA TO REQUEST THE GOVERNMENT OF THE UNITED
STATES OF AMERICA TO CONDUCT A STUDY TO DETERMINE AND IDENTIFY THE ACTUAL
ENVIRONMENTAL DAMAGE AND CONTAMINATION RESULTING FROM THE OCCUPATION OF THE
UNITED STATES ARMED FORCES OF SUBIC NAVAL BASE, CLARK AIR BASE, AND OTHER BASES,
CAMPS, AND INSTALLATIONS IN THE PHILIPPINES, AND FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA TO ACKNOWLEDGE THE RESPONSIBILITY THEREFOR BY CLEANING
UP OR PROVIDING THE PHILIPPINE GOVERNMENT WITH FUNDS, SPECIAL KNOWLEDGE, AND
EQUIPMENT TO CLEAN THESE SITES OF ENVIRONMENTAL WASTES IN ORDER TO RESTORE THEM
TO THEIR ORIGINAL STATUS
P.S.
Resolution No. 303, introduced by Senator Loren Legarda-Leviste, entitled,
RESOLUTION
URGING THE
SENATE COMMITTEES ON HEALTH AND DEMOGRAPHY, ON FOREIGN RELATIONS, AND
ENVIRONMENT AND NATURAL RESOURCES TO INQUIRE, IN AID OF LEGISLATION, INTO THE
HEALTH STATUS OF RESIDENTS OF COMMUNITIES WITHIN AND ADJOINING THE FORMER U.S.
BASES WHO HAVE BEEN EXPOSED TO TOXIC CONTAMINATION FROM IMPROPERLY TREATED AND
DISPOSED TOXIC WASTE
P.S.
Resolution No. 576, introduced by Senators Sergio Osmena III, Franklin Drilon,
Aquilino Pimentel, Loren Legarda-Leviste, Juan Flavier, Teofisto Guingona, Ramon
Revilla, Blas Ople, Robert Barbers, Rodolfo Biazon, Gregorio Honasan, Juan Ponce
Enrile, Robert Jaworski, Renato “Companero” Cayetano and Raul Roco, entitled,
RESOLUTION
URGING
PRESIDENT JOSEPH E. ESTRADA TO FORMALLY CREATE A PHILIPPINE TASK FORCE ON
HAZARDOUS WASTE MANAGEMENT
P.S.
Resolution No. 587, introduced by Senator Legarda-Leviste, entitled,
RESOLUTION
URGING
PRESIDENT JOSEPH EJERCITO ESTRADA TO PURSUE, THROUGH THE APPROPRIATE JUDICIAL
VENUE, LEGAL CLAIMS FOR CLEAN-UP OF TOXIC WASTES LEFT BY AMERICAN TROOPS IN THE
FORMER U.S. MILITARY BASES, CLARK AND SUBIC, FROM THE GOVERNMENT OF THE UNITED
STATES OF AMERICA
and P.S.
Resolution No. 460, introduced by Senator Sergio-Osmena III, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON HEALTH AND DEMOGRAPHY, AND ENVIRONMENT AND NATURAL
RESOURCES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO SEVERAL REPORTS
THAT TOXIC AND HAZARDOUS WASTES LEFT BEHIND BY ELEMENTS OF THE U.S. ARMED FORCES
IN THEIR FORMER MILITARY BASES AT CLARK AND SUBIC HAVE CAUSED INJURY, ILLNESS,
DEFORMATION, AND OTHER DISEASES TO RESIDENTS OF SAID BASES, AND INTO THE
REQUIREMENTS FOR CLEAN-UP AND RESTORATION THEREIN
have
considered the same and have the honor to submit this report to the senate,
finding that
i. Based on the documents released by the U.S. Department of Defense, there
is substantial environmental contamination in the former Subic Bay Naval
Base and Clark Field Air Base;
ii. It is evident from the document released by the U.S. Department of
Defense that the United States Government has knowledge of the existence and
location of known and potential contaminated sites in the former Subic Bay
Naval Base and Clark Field Air Base;
iii. The hazardous activities, operations and improper waste management
practices engaged in the United States Government within the military bases
under its effective control involved appreciable or foreseeable risk of
causing environmental harm;
iv. The
United States Government is presumed to know or had the means of knowing
that such hazardous activities, operations and improper waste management
practices were carried out by the U.S. forces within the military bases over
which it had effective control and unhampered access;
v. The environmental damage caused in Subic and Clark was substantial and
had serious adverse ecological, human health and economic implications for
the residents within the area and for the Philippines in general;
vi. The hazardous activities, operations and improper waste management
practices engaged in by the United States forces within the military bases
caused the environmental damage;
vii. The 1947 Military Bases Agreement, as amended, did not grant any license
or authority to the United States to commits acts of tort by indiscriminately
disposing of toxic and hazardous wastes as it pleases, destroy the
environment and endanger the lives of Filipino citizens in exchange for
non-removable buildings and structures;
viii. Inasmuch as the activities conducted within the military bases and under
the effective control of the U.S. caused substantial harm, the United States
has the corresponding duty to repair and compensate for such damage;
ix. Despite allegations to the effect that the matter of reparation and
compensation for toxic contamination is a purely moral question, there is
sufficient basis to submit to an international body the legal question
concerning the interpretation of Article VII of the 1988 Manglapuz-Schultz
Memorandum of Agreement amending Article XVIII of the 1947 Military Bases
Agreement;
x. Despite allegations to the effect that the matter of reparation and
compensation for toxic contamination is a purely moral question, there is
sufficient basis under customary international law for a cause of action
against the United states for failing to ensure that the activities conducted
by the U.S. forces within the former Subic bay naval Base and Clark Field Air
base were carried out in such a manner as not to cause harm to the Philippines
and its citizens.
and proposing
the adoption of the following recommendations and their immediate
implementation:
By the Department of Foreign Affairs:
1. To negotiate with the United states Government, through diplomatic
channels, on the remediation of the areas affected with toxic waste
contamination and to initiate preventive and curative measures in order to
suppress the rising number of the victims of toxic waste contamination in
Clark and Subic at the expense of the former. It should be negotiated along
the lines of, or pursuant to, Principle 13 of the Rio Declaration on
Environment and Development, of which the United States is a signatory,
which provides that “States shall develop national law regarding
liability and compensation for the victims of pollution and other
environmental damage. States shall also cooperate in an expeditious and
more determined manner to develop further international law regarding
liability and compensation for adverse effects of environmental damage caused
by activities within their jurisdiction or control to areas beyond their
jurisdiction”;
2. To pursue through diplomatic channels, the creation of a Joint R.P.-U.S.
Task Force that will conduct a thorough examination of the extent of toxic
waste contamination in Clark and Subic, determine the ill effects thereof to the
inhabitants, and implement the much needed remediation over these areas at the
expense of the U.S. Government; and
3. In the event that the United States Government should refuse to effect a
remediation of the toxic wastes that the latter left in the former bases of
Clark and Subic, to recommend to the Chief Executive the filing of a suit, in
behalf of the Republic of the Philippines, against the United States of
America before the International Court of Justice pursuant to the principles of
customary international law for failing to ensure that the activities conducted
by the U.S. forces within the former Subic Naval Base and Clark Field Air Base
were carried out in such a manner as not to cause harm to the Philippines and
its citizens, and for a judicious and authoritative interpretation of Article
VII of the 1988 Manglapus-Schultz Memorandum of Agreement Amending Article XVIII
of the 1947 Military Bases Agreement;
By the
Department of Health:
1. To continue the efforts in protecting the people from the ill effects of
toxic waste contamination in Clark and Subic;
2. To continue strengthening the capability of its regional hospital,
particularly the Jose Lingad Memorial, in managing, diagnosing and treatment of
patients with illnesses that may be attributed to the toxic waste found in said
areas;
3. To continue conducting a comprehensive health impact assessment and
epidemiological surveillance studies to validate and monitor the reported
illnesses among the residents in the vicinity;
4. To recommend to the Philippine Task Force on Hazardous Wastes, of which
DOH is a member, to close down the identified contaminated areas; and
5. To work closely with the Philippine Nuclear Atomic Research Institute to
determine the levels of radioactivity in the identified areas.
By the
Department of Environment and Natural Resources:
1. To enforce thenceforth the provisions of Republic Act No. 6969 otherwise
known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act”
to forestall the repetition of similar subsequent toxic waste contamination
throughout the country;
2. To effect the treatment of wells in the affected areas through
chlorination or other scientific methods within or which may hereafter
fall within the disposal of the agency;
3. To continuously conduct analytic research and study on the toxic waste
issue; and
4. To study further the environmental impact assessment on the areas affected
by the toxic contamination.
The Senate Committee on Environment and Natural Resources, Health and
Demography, and Foreign Relations most respectfully recommend that the Chief
Executive
1. Declare a state of environmental calamity in the specific areas affected
with toxic waste contamination and direct the relocation of persons still
residing within these areas;
2. Submit to an international body, in behalf of the Republic of the
Philippines, the question concerning the interpretation of Article VII of
the 1988 Manglapus-Schultz Memorandum of Agreement amending Article XVIII of the
1947 Military Bases Agreement in view of the differences in opinion by the
United States and the Philippines, and the refusal of the United States to
admit liability; and
3. In the event that the United States should refuse to effect a remediation
of the toxic waste in the former Subic Bay Naval Base and Clark Field Air
Base. to file a suit, in behalf of the Republic of the Philippines, against
the United States of America before the International Court of Justice
pursuant to the principles of customary international law for failing to
ensure that the activities conducted by the U.S. Forces within the former
military bases were carried out in such a manner as not to cause harm to the
Philippines and its citizens.
Respectfully
submitted:
JUAN M. FLAVIER
ROBERT S. JAWORSKI
Chairman
Chairman
Committee on
Health and Demography
Committee on Environment and Natural Resources
BLAS F.
OPLE
Chairman
Committee on Foreign Relations
VICE CHAIRPERSONS:
GREGORIO B.
HONASAN
LOREN LEGARDA-LEVISTE
SERGIO
OSMENA III
RAMON B. REVILLA
RODOLFO G.
BIAZON
JUAN PONCE ENRILE
TERESA
AQUINO-ORETA
MEMBERS:
RAUL S.
ROCO
RAMON B. MAGSAYSAY, JR.
VICENTE C.
SOTTO III
ANNA DOMINIQUE M.L. COSETENG
AQUILINO
PIMENTEL, JR.
ROBERT Z. BARBERS
RENATO L.
“COMPANERO” CAYETANO JOHN H. OSMENA
EX OFICIO MEMBERS:
BLAS F.
OPLE
FRANCISCO S. TATAD
President Pro
Tempore
Majority Leader
TEOFISTO
GUINGONA, JR.
Minority Leader
FRANKLIN M.
DRILON
Senate
President
ELEVENTH
CONGRESS OF THE)
REPUBLIC OF
THE PHILIPPINES)
Second
Regular Session )
S E N A T E
------------------------------------------------------------------------------------------
COMMITTEE REPORT NO. 237
Submitted by the Committees on Environment and Natural resources, Health and
Demography, and Foreign Relations on ______________.
Re: P.S. Res.
Nos. 158, 162, 172, 281, 303, 576 and 587 taking into consideration P.S. Res.
No. 460.
Recommending
the adoption of the recommendations contained therein.
Sponsors:
Senators Robert S. Jaworski, Juan M. Flavier, Miriam Defensor Santiago, Loren
Legarda Leviste, Anna Dominique M.L. Coseteng, Sergio Osmena III, and the
members of the Committees on Environment and Natural Resources, Health and
Demography, and Foreign Relations.
------------------------------------------------------------------------------------------
Mr.
President:
The committees on Environment and Natural Resources, Health and Demography and
Foreign Relations to which ere referred P.S. Resolution No. 158 introduced by
Senator Juan M. Flavier, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON ENVIRONMENT AND NATURAL RESOURCES AND ON HEALTH AND
DEMOGRAPHY TO INVESTIGATE, IN AID OF LEGISLATION, THE ALLEGED PRESENCE OF TOXIC
AND HAZARDOUS WASTES IN THE FORMER U.S. MILITARY INSTALLATIONS OF SUBIC AND
CLARK WITH THE END IN VIES OF DETERMINING THE LEVEL OF THREAT IT POSES AND IN
ORDER TO INSTITUTE THE NECESSARY REMEDIAL MEASURES
P.S.
Resolution No. 162, introduced by Senator Miriam Defensor Santiago, entitled,
RESOLUTION
DIRECTING
AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED CONTAMINATION OF CLARK AND
SUBIC WATERS WITH TOXIC SUBSTANCES
P.S.
Resolution No. 172, introduced by Senator Loren Legarda-Leviste, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON ENVIRONMENT AND NATURAL RESOURCES AND FOREIGN RELATIONS
TO INQUIRE, IN AID OF LEGISLATION, INTO THE TOXIC CONTAMINATION WITHIN THE
FORMER U.S. BASES AND TO RECOMMEND THE CREATION OF A MULTI-SECTORAL TASK FORCE
COMPOSED OF REPRESENTATIVES OF THE PHILIPPINE AND UNITED STATES GOVERNMENTS AND
THE SENATE COMMITTEES, CONCERNED NON-GOVERNMENTAL AND PEOPLE’S ORGANIZATIONS AND
TECHNICAL/ SCIENTIFIC EXPERTS WHICH WILL COOPERATE IN THE PLANNING AND
MONITORING OF THE THOROUGH STUDY, CLEAN-UP AND RESTORATION OF CONTAMINATED SITES
IN SUBIC AND CLARK
P.S.
Resolution No. 281, introduced by Anna Dominique M.L. Coseteng, entitled,
RESOLUTION
URGING HIS
EXCELLENCY PRESIDENT JOSEPH ESTRADA TO REQUEST THE GOVERNMENT OF THE UNITED
STATES OF AMERICA TO CONDUCT A STUDY TO DETERMINE AND IDENTIFY THE ACTUAL
ENVIRONMENTAL DAMAGE AND CONTAMINATION RESULTING FROM THE OCCUPATION OF THE
UNITED STATES ARMED FORCES OF SUBIC NAVAL BASE, CLARK AIR BASE, AND OTHER BASES,
CAMPS, AND INSTALLATIONS IN THE PHILIPPINES, AND FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA TO ACKNOWLEDGE THE RESPONSIBILITY THEREFOR BY CLEANING
UP OR PROVIDING THE PHILIPPINE GOVERNMENT WITH FUNDS, SPECIAL KNOWLEDGE, AND
EQUIPMENT TO CLEAN THESE SITES OF ENVIRONMENTAL WASTES IN ORDER TO RESTORE THEM
TO THEIR ORIGINAL STATUS
P.S.
Resolution No. 303, introduced by Senator Loren Legarda-Leviste, entitled,
RESOLUTION
URGING THE
SENATE COMMITTEES ON HEALTH AND DEMOGRAPHY, ON FOREIGN RELATIONS, AND
ENVIRONMENT AND NATURAL RESOURCES TO INQUIRE, IN AID OF LEGISLATION, INTO THE
HEALTH STATUS OF RESIDENTS OF COMMUNITIES WITHIN AND ADJOINING THE FORMER U.S.
BASES WHO HAVE BEEN EXPOSED TO TOXIC CONTAMINATION FROM IMPROPERLY TREATED AND
DISPOSED TOXIC WASTE
P.S.
Resolution No. 576, introduced by Senators Sergio Osmena III, Franklin Drilon,
Aquilino Pimentel, Loren Legarda-Leviste, Juan Flavier, Teofisto Guingona, Ramon
Revilla, Blas Ople, Robert Barbers, Rodolfo Biazon, Gregorio Honasan, Juan Ponce
Enrile, Robert Jaworski, Renato “Companero” Cayetano and Raul Roco, entitled,
RESOLUTION
URGING
PRESIDENT JOSEPH E. ESTRADA TO FORMALLY CREATE A PHILIPPINE TASK FORCE ON
HAZARDOUS WASTE MANAGEMENT
P.S.
Resolution No. 587, introduced by Senator Legarda-Leviste, entitled,
RESOLUTION
URGING
PRESIDENT JOSEPH EJERCITO ESTRADA TO PURSUE, THROUGH THE APPROPRIATE JUDICIAL
VENUE, LEGAL CLAIMS FOR CLEAN-UP OF TOXIC WASTES LEFT BY AMERICAN TROOPS IN THE
FORMER U.S. MILITARY BASES, CLARK AND SUBIC, FROM THE GOVERNMENT OF THE UNITED
STATES OF AMERICA
and P.S.
Resolution No. 460, introduced by Senator Sergio-Osmena III, entitled,
RESOLUTION
DIRECTING
THE SENATE COMMITTEES ON HEALTH AND DEMOGRAPHY, AND ENVIRONMENT AND NATURAL
RESOURCES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO SEVERAL REPORTS
THAT TOXIC AND HAZARDOUS WASTES LEFT BEHIND BY ELEMENTS OF THE U.S. ARMED FORCES
IN THEIR FORMER MILITARY BASES AT CLARK AND SUBIC HAVE CAUSED INJURY, ILLNESS,
DEFORMATION, AND OTHER DISEASES TO RESIDENTS OF SAID BASES, AND INTO THE
REQUIREMENTS FOR CLEAN-UP AND RESTORATION THEREIN
have
considered the same and have the honor to submit this report to the senate,
proposing the adoption of the recommendations contained herein and their
immediate implementation.
I.
STATEMENT OF FACTS
1. On March 14, 1947, the Agreement between the United States of America and the
Republic of the Philippines Concerning Military Bases was signed providing land
areas for the delimitation, establishment, maintenance and operation of U.S.
military bases in the Philippines. It designated bases to be retained by the
U.S., including Clark Field Air Base in Pampanga, Subic Bay, Northwest Shore
Naval Base in Zambales and Naval Reservations in Olongapo City.
2. Pursuant to the Agreement, Subic Bay Naval Base provided logistical, command,
communications and training support to the U.S. Navy as well as practice areas
for air-to-surface bombing, ship gunnery and shore fire control. The complex,
among others, handled millions of barrels of fuel and petroleum products, held
tones of ammunition and explosives and had ammunition storage space and a
nuclear storage site. Clark Field Air Base likewise stored petroleum, oil,
lubricants and ammunition.
3. In may 1990, negotiations started for a new military base agreement. On
August 27, 1991, the U.S. and the Philippines signed a new agreement, captioned
“Treaty of Friendship, Cooperation, and Security Between the Government of
the Republic of the Philippines and the Government of the United States of
America”, that allowed the U.S. to remain for another ten years. On
September 16, 1991, this Chamber overwhelmingly rejected the 1991 treaty, ending
the U.S. leasehold over Clark Field Air Base and Subic Naval base.
Prodded by the eruption of Mt. Pinatubo in 1991, the U.S. completed its
withdrawal from Clark Field Air Base in November 1991 and vacated Subic Bay
Naval base by November 1992.
4. On January 22, 1992, the National Security and International Affairs
Division of the U.S. General Accounting Office submitted a report to U.S.
Senator Daniel K. Inouye and Senator Ted Stevens of the Subcommittee on Defense,
U.S. Senate Committee on Appropriations, and the U.S. Secretaries of Defense and
State. Entitled, Military Bases Closure: U.S. Financial Obligations in the
Philippines, the report claimed “no current liability for environmental
damage” and stated,
“The services have identified contaminated sites, such as firefighting training
facilities and underground storage tanks. The cost of bringing all contaminated
sites into compliance with U.S. environmental standards could approach
superfund proportions, according to Air Force and Navy officials. However,
under the current agreement, the United States has no liability for this
damage, DOD regulations require the services to comply with the environmental
restoration, and the services have no plans for restoration. While the proposed
new basing agreement contained and expanded environmental provisions, the
Philippine Senate’s rejection of the agreement made the issue of increased U.S.
environmental liability a moot point.”
5. On May 9, 1993, after conducting interviews and a site assessment of Subic,
the World Health Organization (WHO) submitted its Mission Report on the Subic
Bay environmental risk assessment and investigation program, listing areas and
operations with considerable pollution potential, such as those which used and
stored toxic chemicals, fuels, pesticides, herbicides, polychlorinated biphenyl
(PCB), chlorinated solvents and explosives, produced hazardous wastes, as well
as those which involved heavy engineering operations and sandblasting. It
reported that landfills on site were used for all kinds of wastes, including
hazardous waste materials; that industrial waste waters, untreated sewage and
polluted storm water drains were all discharged to Subic bay, mostly without
treatment; and that very large volumes of fuel and oil were stored, transferred
and used around the site. The Mission report recommended further sampling and
analysis programs of near-surface and deeper soils, groundwater and sediments in
waterways and Subic Bay, costing around U.S. $600,000.00.
6. In 1994, due to the danger of being swamped by lava and mudflow from Mt.
Pinatubo, a village consisting of 1,072 families had to evacuate to the former
Clark Air base Communications Center (CABCOM) at Clark Field Air base. While in
CABCOM, the residents complained of unusual taste, smell and color of the water
coming from several shallow artisian wells. An unusually high occurrence of skin
diseases, miscarriages, stillbirths, birth defects, cancers, heart ailments and
leukemia was later observed among the residents. A community leader, Mandy
Rivera, monitored the health condition of 500 families and recorded 144 persons
sick with illnesses caused or aggravated by polluted water from the artesian
wells. Seventy-six of those monitored have already died./1
7. In 1993, after finding no legal barrier to the release of information to the
Philippine Government, the U.S. Department of Defense released documents which
included “Potential Restoration Sites on Board the U.S. Facility, Subic Bay”’
(October 1992) by the U.S. Navy, “Underground Storage Tank Inventory: Subic
Bay, Philippines” and “Environmental review of the Drawdown Activities at
Clark Air Base, Republic of the Philippines”, by Col. John J. Allen
(September 1991). The U.S. Embassy released additional information on the former
bases in April 1994.
8. On August 13, 1994, a team composed of Paul Bloom, Ph.D., Alex Carlos, M.S.,
Jorge Emmanuel, Ph.D., and Theodore Schettler, M.D. released a report entitled,
“An Environmental and Health Impact Report on Known and Potentially
Contaminated Sites at Former U.S. Military Bases in the Philippines” based
on incomplete U.S. Department of Defense documentation provided by the U.S.
State Department and the team’s site visits. The paper showed that based on
incomplete U.S. Defense Department reports, the former bases contain sites known
to be contaminated by toxic wastes that pose risk to human health, and
recommended actions to be taken to initiate a complete assessment of the toxic
contamination and the clean-up process.
9. The Department of health released in 1995 the results of 32 well samples
taken inside and adjacent to Clark, five of which tested positive for oil and
grease.
10. In 1996, A Canadian epidemiologist, Dr. Rosalie Bertell, conducted a health
survey of 761 families in 13 communities around Clark Field Air Force Base. In
her letter to President Fidel Ramos dated October 9, 1997, Dr. Bertell noted the
“startlingly high” level of kidney diseases and kidney problems reported in the
area which is “apparently connected with both water and air exposures.”
11. In November 1996, the Subic bay metropolitan Authority released the result
of Woodward-Clyde Environmental Baseline survey and Environmental Quality Survey
of Subic. The report stated, “the only areas where restrictions on development
and land use are recommended are the Subic Landfill, OSIR Basin Landfill, and
the main explosives Ordnance Disposal area at Camayan Point. Restrictions are
recommended at the landfills due to the evidence of hazardous wastes including
asbestos in the Subic landfill, and metal and fuel contaminated soils in the
OSIR Basin Landfill.” With regard to the level of concentration of certain
hazardous wastes in the soils and groundwater, the study stated that “(b)ased on
the result of this preliminary survey, the level of contamination detected in
most of the sites investigated does not pose a significant risk to human health
and the environment if the land use of these areas remain the same.”
On human health risks, the study stated that “(b)ased on the screening level
risk assessment, the concentrations of chemicals found in soils at 44 sites
investigated in the current study pose a negligible risk to health of the
current non-residential occupiers/users of the sites due to an identifiable
exposure pathway, and the non-residential land use of the area. There is also no
evidence of potentially unacceptable health risk to people living off-site. Any
contaminant in the groundwater of SBF will not migrate to Olongapo City since
the groundwater flows towards Subic bay.”
The study indicated a list of seven specific contamination sites, remediation of
which is estimated to cost P175 to 250 million.
12. In September 1997, the Clark development Corporation released a summary of
Weston International Environmental baseline Study and Soil and Water Baseline
Study at Clark. The environmental baseline study identified eight sites with
contamination ranging from oil and petroleum lubricants, pesticides, PCB and
lead. “These are contaminants found elsewhere in places where you have aviation
and motorpool areas. Some water production wells registered levels of arsenic
and dieldrin above Philippine National Standards (PNS) but the quality of water
being taken from the taps pass the required national standards. The contaminated
sites have been covered with topsoil and have been restricted if they are not
isolated areas. The contaminated wells have been shut down and secured.”
13. In a letter dated November 20,997, The Department of Foreign Affairs (DFA)
Secretary Domingo Siazon proposed to U.S. State Secretary Madeleine Albright the
establishment of a joint Philippine-U.S. Task Force that will assess the degree
of toxic and hazardous waste contamination. Citing reports on surveys conducted
by international environmental contractors disclosing the existence of areas of
contamination in Subic Bay and Clark, he requested for assistance in the
technical evaluation of the baseline surveys conducted by Woodward-Clyde and
Weston International./2 Secretary Albight’s April 8, 1998 reply to
Secretary Siazon’s letter markedly failed to respond to the issue of toxic waste
contamination or the proposal to form a joint Philippine-U.S. Task Force.
Secretary Siazon met U.S. Secretary Albight during the visit of President Ramos
to the U.S. in April 1998 and again raised the issue of toxic hazardous waste.
14. On May 8, 1998, President Fidel V. Ramos created the Philippine Task Force
on toxic waste composed of representatives from the Department of Environment
and Natural Resources (DENR), Department of Health (DOH), Department of Science
and Technology (DOST), Philippine Nuclear Research Institute (PNRI), Clark
Development Authority (CDA) and Subic Bay Metropolitan Authority (SBMA).
15. On August 31, 1998, noting that toxic and hazardous wastes from the U.S.
military have been found “in significant quantity” in Subic Bay, Olongapo and
Clark Field, Pampanga, DENR Secretary Antonio Cerilles formally requested
Foreign Affairs Secretary Siazon to convey to the U.S. a “request for assistance
for the cleaning up and remediation of confirmed contaminated sites” in the
former military bases.
16. On April 13, 1999, toxic waste victims filed a complaint with the Commission
on Human Rights (CHR). After conducting an onsite investigation, the CHR
Forensics Officer reported that the residents medically examined manifested
signs and symptoms consistent with chemical exposure. Of those examined, 13
children aged one to seven years old showed signs of birth defects and
neurological disorder; four females suffered spontaneous abortion and
stillbirth, which can be attributed to mercury exposure; and residents showed
signs of central nervous system disorders, kidney disorder and cyanosis (methemoglobin)
which can be traced to nitrates exposure. The laboratory analysis of water
samples collected by the CHR team from different deep wells sites at Clark Air
Force Base Command revealed the presence of mercury and nitrates.
17. On February 3, 1999, then the Chair of the Senate Environment Committee
Senator Loren Legarda-Leviste brought the issue of toxic contamination in the
former bases to the attention of U.S. Senator John Chafee, Chair of the U.S.
Senate Environment and Public Works Committee. Replying to Senator
Legarda-Leviste in a letter dated June 24, 1999, U.S. Deputy Undersecretary of
Defense Sherry Goodman stated hat the U.S. Government has no legal obligation to
clean up the toxic waste in the former U.S. bases in the Philippine.
Undersecretary Goodman maintained that the 1947 Military bases Agreement, as
amended, did not require the United States to conduct any environmental
restoration upon its termination and that the Philippine government expressly
agreed to waive any right to demand cleanup in return for the United States’
agreement not to seek compensation for improvements.
18. The Senate Joint Committees on Environment and Natural Resources, Health and
Demography, and Foreign relations conducted three committee hearings on Proposed
Senate Resolution Nos. 158, 162, 172, 281, 303, and 460 on July 21, July 30 and
September 15, 1999, and an executive session on October 14, 1999 for the purpose
of assessing the impact of toxic waste presence in Subic and Clark. Other
concerns were raised, such as the extent of contamination, the imminent danger
to life, health and well being of the residents therein, and the question of
whether the U.S. is obliged to clean up the former military bases.
19. On January 18, 200, President Joseph Estrada issued Executive Order No. 202
creating the Philippine Task Force on Hazardous Wastes in the former U.S.
Military Installations under the joint supervision of the Department of Foreign
Affairs and Environment and Natural Resources. Funded from the President’s
Contingent Fund in the amount of P50,000,000.00, the Philippine Task Force (PTF)
is tasked to perform the following functions, to wit:
“1. Formulate plans of action in addressing the issue of hazardous wastes in
the former U.S. military installations.
“2. Ensure that studies are undertaken to assess the extent of hazardous
waste contamination and its effects on the environment and human health.
“3. Initiate and coordinate clean-up and environmental restoration efforts of
contaminated sites identified and assessed by Subic and Clark studies.
“4. Undertake immediate actions to address the identified environmental and
health concerns in Subic, Clark and other former military bases.
“5. Ensure long-term capacity building programs of technical transfer which
focus on contamination identification, contamination assessment,
contamination clean up and laboratory analysis at the former U.S. military
installations.
“6. Secure the firm cooperation of U.S. agencies. the private sector and
other entities in harnessing and making available technical, administrative
and financial resources for effective implementation of the plans of
action, programs, projects of the PTF.
“7. Assist in the formulation and implementation of applicable government
policies, laws, rules and regulations in connection with the clean up of
hazardous wastes in former U.S. military installations.
“8. Coordinate the conduct of public information, education, communication
campaign on hazards and risks, if any, involved in the reuse of former U.S.
military installations in the Philippines and the need for contamination
assessment and clean up.
“9. Pursue other related functions which may be deemed necessary by the
President.”
II. ISSUES
The following are the factual and legal issues to be resolved by the
Committees:
A. Whether or not the Philippines sustained environmental harm.
B. In case of any affirmative finding, what activities or operations within the
military bases caused the environmental harm? Which of the two States had
effective control of the activities or operations within the military bases that
caused the environmental harm?
C. In the event of a finding that the activities or operations of the United
States within the military bases caused the environmental harm:
(a) Can the U.S. be held liable under the 1947 Military Bases Agreement, as
amended?
(b) Can the U.S. be held liable under customary international law?
III.
FINDINGS
A. WHETHER
THE PHILIPPINES SUSTAINED SUBSTANTIAL ENVIRONMENTAL HARM
i. U.S. General Accounting Office Report
That the Philippines sustained environmental harm cannot be denied by the U.S.
Government. While rejecting U.S. liability, a governmental agency of the U.S.,
the General Accounting Office, reported that the Air Force and Navy officials
had identified significant environmental damage of Superfund/3
proportions at Subic and Clark. The U.S. General Accounting Office report
states:
“CONTAMINATED SITES HAVE BEEN IDENTIFIED AT BOTH BASES
“Although the services are not generally required to comply with U.S. standards
at overseas locations, some service regulations indicate that they are intended
to apply overseas. Environmental officers at both Clark and Subic Bay Naval
Facility have identified contaminated sites that would not be in compliance
with U.S. environmental standards. Their identification of contamination is
based on limited environmental surveys of Clark Air Base and Subic Bay Naval
Facility. No soil and water testing has been conducted in the contaminated
areas; therefore, the extent of the damage is not known. According to one
Air Force official, testing alone would be very costly, and the cost of clean
up and restoration would be significantly greater. According to base officials,
both Clark and Subic Bay Naval Facility have common environmental problems
with underground storage tanks and fire-fighting training facilities that do
not comply with U.S. standards. For example, the underground storage
tanks lack leak detection equipment, and fire-fighting facilities have no
drainage systems. Instead, the fuel and chemicals used in fire-fighting
exercises seep directly into the soil and water table, and at the Navy
facility, the overflow goes directly into Subic Bay.
“Navy environmental officials have identified the following sites at the Subic
Naval Base Facility that, in their opinion, represent significant environmental
damage:
“The Subic Naval Base Facility does not have a complete sanitary sewer system
and treatment facility. Instead, sewage and waste waters from the naval base
and air station industrial complexes are discharged directly into Subic Bay.
Only 25 percent of the 5 million gallons of sewage generated daily is treated.
“Lead and other heavy metals from the ship repair facility’s sandblasting site
drain directly into the bay or are buried in the landfill. Neither procedure
complies with U.S. standards, which require that lead and heavy metals be
handled and disposed of as hazardous waste.
“The Subic Bay Navy Facility’s power plant contains unknown amounts of
polychorinated biphenyl (PCB) and emits untreated pollutants directly into the
air. No testing has been performed to analyze the content of emissions, but
officials stated that air emissions would not meet U.S. clean air standards.
“At the time of our review, the Air Force and Navy had no plans to clean up
these sites. However, the Navy plans to build a sewage treatment plant.”
(Emphasis supplied.)
The committee note that the information disclosed by the U.S. General Accounting
Report on contaminated sites was confirmed by separate reports, such as (a) the
U.S. Navy’s “Potential Restoration Sites on Board the U.S. Facility, Subic
Bay,” dated October 1992, which identified 28 potentially contaminated sites
in Subic and 28 potentially contaminated training areas and ranges utilized by
naval forces; (b) the “Subic Bay Environmental Risk Assessment and
Investigation” conducted by the WHO on Subic; (c) the “Environmental and
Health Impact Report on Known and Potentially Contaminated Sites at Former U.S.
Military Bases in the Philippines” by a team composed of Paul Bloom, Ph.D.,
Alex Carlos, M.S., Jorge Emmanuel, Ph.D., and Theodore Schettler, M.D.; and (d)
the “Environmental Baseline Study/Soil and Water Baseline Study” on Clark
by Weston International. Even the Woodward-Clyde International’s “Environmental
Baseline Study/Environmental Quality Study” on Subic, whose conclusions was
questioned by other experts, recommended remediation in seven specific
contaminated sites and further investigation and possible investigation in 13
areas.
In 1993, the U.S. released Department of Defense documents to the Philippine
government identifying potential restoration sites at both sides. Basing its
assessment on the review of these documents, the Environmental and Health
Impact Report on Known and Potentially Contaminated Sites at Former U.S.
Military Bases in the Philippines written by a team composed of Paul Bloom,
Jorge Emmanuel, et al., identified the known contaminated sites in Clark to
include the Mechanical Room Building 7509; Supply Storage Yard adjacent to the
Defense Reutilization and Marketing Office (DRMO); Clark Subic pipeline;
Philrock Products Compound Building 18; Asbestos landfill. The known
contaminated sites in Subic included the following: Public Works Center
(Sanitary landfill; Power Plant Building 1800; Fleet Mooring/Sandblasting Yard);
U.S. Naval Station (Old dumpsite; Underground Storage Tanks (UST) Structure 1459
Navy Exchange Taxi Compound); Ship Repair Facility (Sandblasting facility and
causeway; Foundry Shop Building 30); Naval Supply Depot (Tank Farm UST Structure
1758); Naval Magazine (Wood Preservation and Treatment Facility Building 2259);
Cubi Point Naval Air Station (Fuel Farm; Firefighting Training/Crash Crew
Training Area Tank Structure 8061; Washtrack Holding Tanks Structure Nos. 8415
and 8416; Cubi Power Plant); Other areas (DRMO yard); 12 other potentially
contaminated on-site areas and five off-site areas.
The Environmental and Health Impact Report’s review of U.S. Department of
Defense documents is extensively quoted hereunder.
ii. The Environmental and Health Impact Report: A Review of U.S.
Department of Defense Documents
Based on an analysis of the operations performed at Subic, including reports of
spills or improper practices during the last 15 years, the U.S. Navy identified
sites believed to be potentially contaminated with hazardous waste. Sites were
classified into known contaminated sites and potentially contaminated sites.
Known contaminated sites are those (a) a history of spills, dumping, or burying
of toxic materials has been documented or reported; (b) remedial actions were
admittedly inadequate or never conducted; and (c) the nature of the hazardous
substances site conditions, and any visual observations indicate an existing
toxic contamination problem. Potentially contaminated sites are those that have
a history of improper toxic waste management practices, high chemical use and
storage, generation of large quantities of hazardous waste, or reported
violations or non-conformance to hazardous materials management standards./4
SUBIC BAY
KNOWN CONTAMINATED SITES/5
A. PUBLIC
WORKS CENTER
1. SANITARY
LANDFILL
Source:
Dumping of asbestos in the following areas:
Area A-
“considerable amounts” of double-bagged asbestos since 1982
Area B- four
bags of asbestos
Area C-
unknown amounts of asbestos dumped in 1988
Area E-
unknown amounts of asbestos dumped in 1979
Dumping of
creosote-contaminated posts in Area D in 1983
Dumping of
sandblasting grit and paint chips since 1983
Dumping of
industrial wastes including electroplating wastes
Contaminants: Asbestos, creosote; possibly organotins and other toxic metals
from anti-fowling agents and paints; heavy metals from electroplating and other
industrial operations; possibly oils, solvents, acids and bases from industrial
wastes.
Clean-up
Action: None
Notes:
Asbestos fragments into microscopic mineral fibers which, when inhaled,
are known to be a cause of fatal lung cancer and mesothelioma as well as
asbestosis and pleural disease. Of these illnesses, mesothelioma may result from
small exposures, after a latency of 20-30 years. Ingestion of asbestos may also
cause gastrointestinal cancer. Any digging or accidental disturbances of the
soil resulting in the release of the asbestos fibers pose a health risk to
workers and other populations downwind of the landfill. The aerodynamics
properties of the asbestos fibers result in the suspension, deposition,
resuspension and transport of the toxic fibers to great distances.
Creosote
is heavy, flammable oily mixture consisting primarily of phenols and cresols, as
well as cresols and other aromatic compounds including polynuclear aromatic
hydrocarbons (PAHs). The complex phenols in creosote are insoluble or only
slightly soluble in water. Cresols and creosols are slightly soluble, while
phenol itself is soluble and highly mobile. One of two creeks cuts across the
landfill, passing area D, a probable human carcinogen, causing both cancer and
mutations in laboratory animals. It is also listed as a hazardous air pollutant.
Organotins
are highly toxic to marine ecosystems, lethal at very low concentrations to
certain fish and shellfish species. In water, they hydrolyze into inorganic tin
which is much less toxic. Some organotins cause injury to the peripheral nervous
system and to brain in humans. Some also cause alternations in the immune
system.
There are
hundreds of solvents used in military bases and industrial operations.
The most common organic solvents include halogenated hydrocarbons such as
methylene chloride, 1,1,1,-trichoroethane, trichloroethylene and
perchloroethylene; ketones such as methyl ethyl ketone and methyl isobutyl
ketone, aromatics such as toluene, alipathic hydrocarbons such as hexane,
alcohols such as methanol and isopropanol and glycol ethers. Many of these
solvents are volatile. Some , such as the chlorinated solvents, are resistant to
degradation in soil and water and can contaminate groundwater; others such as
trichloroethylene, decompose in soil to form toxic chemicals. Human exposure
pathways, therefore, include both inhalation and ingestion as well as skin
absorption from direct contact. Health effects due to chronic exposure to
solvents vary considerably depending on the solvent. Some solvents are
irritants, others can damage the skin, liver, blood, central nervous system,
lungs and/or kidneys. Commonly used chlorinated solvents, such as benzene,
trichloroethylene, perchloroethylene, and methylene chloride, are known to cause
or are suspected of causing cancer. Some solvents such as glycol ethers, have
been found to cause birth defects in animals and infertility in men. Others are
suspected of causing birth defects in humans. Some, at low exposure levels,
cause subtle impairment of reaction time, psychomotor performance, and cognitive
abilities. In certain cases, the exposure to more than one solvent can increase
toxic effects due to a synergistic reaction; an example is exposure to both
methyl ethyl and carbon tetrachloride.
2. Subic
Power Plant (Building 1800)
Sources:
Reported spills due to overflows of fuel tanks and oil-water separators;
reported spills during fuel transfer operations, use of PCB-contaminated
equipment and temporary storage of PCBs, used oils and solvents; photographic
evidence of oil and solvent spills.
Contaminants: Petroleum hydrocarbons, solvents, and possibly PCBs.
Clean-up
Actions: Most, but not all, of spills were reportedly cleaned-up; no
documentation of the results of the clean-up activities
3. Fleet
Mooring/Sandblasting Yard
Sources:
Over 20 years of sandblasting operations; sandblasting wastes used to backfill a
section of the site
Contaminants: Heavy metals and chromates from sandblasting waste, solvents
Clean-up
Action: None
Notes:
Contaminants may have leached out into the nearby bay. Chromium in the
form of chromates could be toxic to plants. Of the different states of chromium
VI or hexavalent chromium is of greatest concern. Chromium VI is mobile in
non-flooded soils and is toxic to aquatic life. However, it is readily
transformed into the less toxic and less mobile chromium III in flooded soils
and bottom sediments. Acute exposures to chromium VI may cause kidney disorders.
Chromic, low-dose exposures cause dermatitis, damage to the respiratory tract,
and lung cancer. It has been shown to damage genetic material and reproductive
problems in laboratory animals.
B. U.S. Naval
Base
1. Old
Dumpsite
Sources:
Dumping of industrial wastes, cans of paint and oils since the 1950s; areas
where no plants and weeds can grow (an indicator of possible toxic
contamination); photographic evidence on non-biodegradable items (plastics and
tires) coming out of the ground.
Contaminants: Heavy metals such as lead and chromates, petroleum
hydrocarbons and possibly solvents.
Clean-up
Actions: None
Notes:
The old dumpsite is immedistely adjacent to the OSIR basin. Groundwater is most
probably very shallow and any toxic substances could be leaching out into the
basin.
Although lead
is slightly soluble in water, it is not very mobile especially at pH values near
neutral and only somewhat mobile (still much less so than cadmium) in very
acidic soils. However, lead contaminated soil particles may be carried into the
basin through erosion and other processes. In general, exposures to lead may
occur through ingestion of contaminated water, food, or soil, or by inhalation
of lead particles or contaminated dusts. Lead accumulates in bone so that blood
lead levels are a poor indicator of total body burden of the metal. In adults,
moderate elevations of lead levels cause disorders of the nervous system
(neuropathies), blood cells (anemia), kidneys (tubular damage), and reproductive
system (infertility in men). Lead readily crosses the placenta, and low lead
levels in pregnant women cause developmental effects in the fetus including
impaired nervous system development, hearing and growth. Infants and children
with only slight elevations in lead levels demonstrate IQ deficiencies. Overt
mental retardation occurs at higher levels.
2.
Underground Storage Tanks (UST) Structure No. 1459, Navy
Exchange
Taxi Compound
Sources:
Several reported spills of diesel fuel; underground storage tank suspected of
leaking after the earthquakes in 1991; as of August and October 1992, area
around the tank was still saturated with fuel
Contaminants: Petroleum hydrocarbons and possible solvents and metals
Clean-up
Actions: None
Notes:
There are apparently two 5,000-gallon underground storage tanks (USTs) installed
20 years ago at the site.
C. Ship
Repair Facility
The ship
repair facility as a whole is an area of concern. The team of scientists was
informed during a site visit that chlorinated solvents and non-chlorinated
solvent such as toluene were used in many operations and dumped into the bay for
many years until the 1980s. Generally heavier than seawater, chlorinated
solvents would be a particular concern in the bay sediments. Bottom sediments
are expected to be heavily contaminated with lead, tin and other metals. The
following are specific sites mentioned in the U.S. Department of Defense
reports:
Sandblasting Facility and Causeway
Sources:
Extensive sandblasting or organotin paints since the 1960s; disposal of
organotin-contaminated wastewater into Subic Bay without treatment since 1986;
area still saturated with organotin-contaminated waste; photographic evidence of
blasting grit around the causeway area
Contaminants: Tributyl tin (TBT) oxide and other organotins; possibly lead,
barium, chromates and other paint-based contaminants; also fuel and solvents
Clean-up
Actions: Project to treat organotin-contaminated wastewater was never
implemented
Notes:
The team of scientists was told that chlorinated solvents (in particular,
carbon tetrachloride and possibly trichloroethylene) were dumped into Subic Bay.
Chlorinated solvents are more resistant to biodegradation than non-chlorinated
hydrocarbons. They may form dense non-aqueous phase liquids in the groundwater
or accumulate in the sediments in surface water. Carbon tetrachloride can
percolate through the soil, contaminate groundwater and surface water or
contaminate air where it takes 50 years to break down. Chronic exposures through
inhalation or ingestion can affect the liver, kidneys and nervous system; it is
a possible human carcinogen. Trichloroethylene, like carbon
tetrachloride, can also contaminate the groundwater and bay, can affect the
liver and nervous system, and has been found to cause liver and lung cancers as
well as reproductive effects in animals. Tricholoethylene in the soil and
groundwater can take years to degrade, forming vinyl chloride (a known human
carcinogen) and vinylidene chloride (a suspected carcinogen) as by products.
2. Foundry
Shop, Building 30
Sources:
Explosion of PCB capacitor containing 385,000 ppm PCBs; other PCB spills
reported; tests in 1989 confirmed PCB contamination on all electrical control
panels of the furnaces; photographic evidence of spills on the wooden flooring
and panels; foundry shop was used for melting metals.
Contaminants: PCBs; possibly metals such as lead cadmium, etc.
Clean-up
Actions: Not reported
Notes: PCBs
(Polychlorinated biphenyls) are a class of compounds that are known to be highly
sorbed in soil and insoluble water. Since PCBs are generally resistant to
degradation, they are very persistent in the environment. Moreover, PCBs are
bioconcentrated from soils or sediments by organisms and move up the food chain,
thereby posing a health hazard. PCBs interfere with reproduction in wildlife and
experimental animals. Children born to women who consume fish with elevated PCB
content before and during pregnancy show decreased birth weight, reduced head
circumference, and tend to deliver prematurely. Even at four years of age,
children show deficiencies in weight gain and decreased performance in some
intellectual testing. PCBs have estrogenic activity, suppress the immune system
in animal and humans, and induce liver enzymes. Chronic exposures causes skin
disorders. PCBs promote tumors in experimental animals and may be carcinogenic
in humans. Because PCBs are fat soluble, maternal milk represents a continual
exposure pathway for nursing infants during critically important periods of
development.
Because of
foundry operations, contaminations with toxic metals such as lead, and cadmium
may also be possible. Cadmium metal tends to adhere to ash, dust, and
soil particles and can be released into the atmosphere. Cadmium is relatively
mobile. Dust particles containing cadmium can also
be washed into
storm drains and eventually reach the bay where it is sorbed in sediments from
which it can enter the aquatic food chain. Cadmium can also be sorbed in clay
particles in the soil where it can be accumulated by vegetation. Cadmium, when
inhaled at high concentrations, has been associated with lung cancer, while at
lower concentrations, chronic exposures may result in lung diseases. Moreover
chronic exposures may also result in kidney and liver disorders, heart disease
anemia, brittle bone and immunological effects.
In addition,
other toxic metals include nickel, arsenic, mercury, chromium, serelium,
beryllium, etc. Toxic effects due to long term exposures to toxic
metals at low concentrations vary. Lead, methyl mercury, organotin, and
arsenic affect the nervous system. Various metals such as chromium, selenium,
cadmium, nickel, and arsenic, damage the liver, kidney and skin. Lead, cadmium,
chromium, selenium, nickel and arsenic have been found to produce mutations in
human and other cells in laboratory tests. Arsenic, beryllium, cadmium.
chromium, and nickel dust are known to cause cancer.
D. Naval
Supply Depot
1. Tank
Farm, area around UST Structure No. 1785
Sources:
67,000 gallons of fuels spilled after Mt. Pinatubo eruption, of which only
1,800 gallons were recovered; fuel was seen coming out of the base of the tank;
as of August and September 1992, fuel was still coming out of the tank.
Contaminants:
Petroleum hydrocarbon components of the fuel
Clean-up
Actions: A trench was dug at the base of the tank from which fuel was collected;
no corrective actions were taken.
E. Naval
Magazine
1. Wood
Preservation and Treatment Facility, Building 2259
Sources:
Toxic sludges from the pentachlorophenol (PCP) dip tank were dumped into the
ground from the 1960s until around 1984; approximately 55 gallons of toxic
sludge were dumped annually.
Contaminants: Pentachlorophenol
Clean-up
Actions: None
Notes:
Pentachlorophenol or PCP is somewhat resistant to degradation and
relatively insoluble in water. Chronic exposure to pentachlorophenol can lead to
liver and kidney damage. It is a skin irritant and, at high concentrations, can
also affect the lungs, blood, central nervous system, and gastrointestinal
system. Pentachlorophenol can be lethal by inhalation at high doses. Many
commercial pentachlorophenol products have been found to be contaminated with
dibenzodioxins and dibenzofurans which are also highly toxic and persistent in
the environment. They are likely to be found wherever pentachlorophenol has been
discarded. These compounds are known to cause reproductive and developmental
abnormalities, altered immune system, and may be human carcinogens.
F. Cubi
Point Naval Air Station
1. Fuel
Farm Area
Sources:
Several reported spill incidents; fresh fuel oozed out of an excavation pit
where more than 4,000 gallons were recovered; fuel still found at another
excavation pit 100 feet away; as of October 1992, fuel was still being pumped
out of the pit
Contaminants: AVGAS and JP5, according to laboratory analysis
Clean-up
Actions: Area was monitored but no corrective action taken
Notes:
Aviation gasoline (AVGAS) and jet fuels (such as the U.S. Navy’s JP5) are
light petroleum distillates. AVGAS is a blend of refined hydrocarbons derived
from crude petroleum and natural gasoline, and synthetic hydrocarbons. JP5 is
kerosene used for jet fuel; its components are mainly paraffins and napthenes in
the C10 to C14 range, with aromatics comprising up to 15 % of the fuel. Gasoline
also contains a number of additives, including lead or substitute anti-knock
compounds, anti-oxidants, metal deactivators, corrosion inhibitors, lubricants,
and dyes. One additive found commonly at contaminated sites is ethylene
dibromide, a known spermatotoxin and carcinogen.
Most petroleum
contain varying amounts of aromatics, in particular, the BTEX compounds
(benzene, toluene, ethyl benzene, and xylenes). Toluene, ethyl benzene
and xylenes share many of the same physical characteristics as benzene.
Chronic exposure to these aromatics compounds could result in liver and kidney
damage, and could affect fetal development in the case of pregnant women. The
most toxic of the four is benzene which, when released from leaking
underground storage tanks, percolate through the soil into the groundwater where
it forms a light aqueus phase liquid. While it can be broken down by
microorganisms in soil and aquatic sediments, benzene is a significant
contaminant in groundwater where it is not easily degraded. Chronic exposure to
benzene can result in aplastic anemia, bone marrow changes and other effects on
the blood, and it has also been linked to chromosomal aberrations, Benzene,
classified as a known carcinogen, causes leukemia.
2.
Firefighting Training Area/Crash Crew Training Tank Structure No. 8061
Sources:
Weekend and bi-weekly training during which accumulated firefighting chemicals
were drained into a creek and into the bay; cracks discovered in August 1992
allowed oils and firefighting chemicals to seep through the pavement and into
the ground; some oils used for burning were possibly contaminated with PCBs, no
vegetation grows within a 50-foot radius
Contaminants: Solvents and oils, AFFF, heavy metals, possibly PCBs
Clean-up
Actions: Mock airplane removed; no corrective action taken
Notes:
Aqueous film forming foam or AFFF, used for aircraft crash fire control,
is a low viscosity synthetic fluorochemical that forms air foams and a water
solution film on surface of flammable liquids. AFFF is a derivative of alkyl
perfluoro-sulfonamide and may also contain a high molecular weight polymer to
retard breakdown of its surface properties.
3. Washrack
Holding Tanks, Structure No. 8415 and 8416
Sources:
Oil-water separator drains into creek and bay, holding tanks were found to
contain toxic sludge in 1987; the waste sludge corroded the seals of a pump
during attempts to pump waste out in 1989; inspectors had cited this operation
three times for improper segregation and disposal of waste.
Contaminants: Sludge analysis showed aromatic hydrocarbons, methylene
chloride, sodium chromate, phenols, 2-butoxyethanol, butyl ether, hexylene
glycol and Stoddard solvent (a grade of petroleum distillates).
Clean-up
Actions: Separator was apparently cleaned up in 1992 with the removal of
accumulated sludge, but no other corrective action taken
4. Cubi
Power Plant
Sources:
Reported spills and temporary storage of PCBs, used oils and 0solvents
Contaminants: Petroleum hydrocarbons, solvents and possibly PCBs
Clean-up
Actions: Most, but not all, of spills were reportedly cleaned-up; no
documentation of the results of the clean-up activities
G. Other
Areas
1. Defense
reutilization and Marketing Office (DRMO) Yard
Sources:
Reported spill incidents; hazardous waste was stored in an open yard exposed
to the elements causing deterioration of hazardous waste containers; storage
facility was cited for not conforming to standards
Contaminants: PCBs, acids, oil, solvents
Clean-up
Actions: None
Notes:
Cement slab remains where the DRMO building used to stand before it was
destroyed by Mt. Pinatubo ashfall. DRMO Yard is a flood plain and runoff drains
directly into adjacent bay. During a site visit, groundwater was measured
(approximately 3 feet below ground surface) in open boreholes in the yard. It is
probable that spill incidents especially in unpaved areas may have impacted the
sandy soils and the shallow groundwater.
CLARK AIR BASE
KNOWN CONTAMINATED SITES/6
1.
Mechanical Room, Building 7509
Sources:
Transformer in this building was involved in a fire that caused PCB
contamination of the transformer, walls, and ceilings in the transformer
room. Significant concentrations of PCB (338,001 ug/100cm2) were detected in
wipe samples.
Contaminants: PCB
2. Supply
Storage Yard Adjacent to the DRMO
Sources:
Leaking 55-gallon drums containing solvents, acids, surfactants, and
possibly paint wastes were observed two years ago in this area and many of the
containers were corroding.
Contaminants: Petroleum Hydrocarbons
3. Clark-Subic
POL (Petroleum, oil and lubricants) pipeline
Sources:
Spill incidents have been reported along the Clark-Subic POL pipeline by the
Pasig and Abacan River crossings
Contaminants: Petroleum hydrocarbons
Clean-up
Action: None documented
4. Phil
Rock Products Compound, Building 18
Sources:
110 gallons of hydrotor 400 oil (Petron) used as fuel spilled on October 13,
1990.
Contaminants: Petroleum hydrocarbons
Clean-up
Actions: Contaminated soils were excavated and let dry under the sun. Soil
samples were taken but no results were included in the report. Information on
the final disposition of contaminated soils was not provided.
5. Asbestos
Landfill
Sources:
project of the
base hospital, the landfill was located in the of an antenna ray. The area was
divided into 50 square foot plots with concrete monuments placed at the corners
of each plot. Records regarding the location and amount of asbestos buried
exist.
Contamination: Asbestos
Clean-up
Action: None
Notwithstanding an assertion that the U.S. removed all containers of hazardous
wastes and materials in the former military bases/7, the Committee
concur with the authors of the Environmental and Health Impact Report that there
is substantial environmental contamination at both Clark and Subic. It is
evident from a review of the documents released by the U.S. Department of
Defense that (1) the U.S. Government had knowledge of the existence and
location of known and potential contaminated sites; and (2) despite such
knowledge no comprehensive cleanup of the contaminated sites was done by the
U.S. Government.
The Committee agree with the authors of the report that the “contamination has
significant and urgent adverse ecological, human health, and economic
implications for the surrounding communities and x x x for the Philippines
generally.” In the absence of a thorough cleanup of the contaminated sites, it
cannot be seriously refuted that the Philippines sustained and continues to
sustain substantial environmental damage.
B. THE U.S.
GOVERNMENT HAD EFFECTIVE CONTROL OVER THE ACTIVITIES AND OPERATIONS WITHIN THE
MILITARY BASES
Under Article III of the 1947 Military Bases Agreement, the U.S. had the
“rights, power and authority within the bases which are necessary for
establishment, use, operation and defense thereof or appropriate for the control
thereof and all the rights, power and authority within the limits of territorial
waters and air space adjacent to, or in the vicinity of, the bases which are
necessary to provide access, or appropriate for their control.” Such rights,
power and authority, included, among others, the following:
(a) to construct (including dredging and filling), operate, maintain, utilize,
occupy, garrison and control the bases;
(b) to improve and deepen the harbors, channels, entrances and anchorages, and
to construct or maintain necessary roads and bridges affording access to the
bases;
(c) to control (including to prohibit) in so far as may be required for
efficient operation and safety of the bases, and within the limits of military
necessity, anchorages, moorings, landings, takeoffs, movements and operation of
ships and waterborne craft, aircraft, and other vehicles on water, in the air,
or on land comprising or in the vicinity of the bases;
(d) the right to acquire, as may be agreed between the two governments, such
rights of way, and to construct thereon, as may be required for military
purposes, wire and radio communications facilities, including submarine and
subterranean cables, pie lines and spur tracks from railroads to bases, and the
right, as may be agreed upon between the Governments to construct the necessary
facilities;
(e) to construct, install, maintain and employ on any base any type of
facilities, weapons, substance, device, vessel or vehicle on or under the
ground, in the air or on or under the water that may be requisite or
appropriate, including meteorological systems, aerial and water navigational
lights, radio and radar apparatus and electronic devices, of any desired power,
type or emission and frequency.
The U.S. agreed that in the exercise of these rights, power and authority, the
powers granted it will not be used “unreasonably.”
In January 1979, The “Arrangements Regarding Delineation of the United States
Facilities at Clark Air Base and Subic Naval Base; Powers and Responsibilities
of the Philippine Base Commanders and Related Powers and Responsibilities of the
United States Facility Commanders; and the Tabones Training Complex” was
signed, amending the 1947 Military Bases Agreement. While the 1979 amendment
provided that the powers and responsibilities of the Philippine base commanders
and the U.S. Facility commanders would be guided by full respect for Philippine
sovereignty, it also assured unhampered U.S. military operations involving its
forces in the Philippines. Thus, it was agreed, “the United States shall have
the use of certain facilities and areas within the bases and shall have
effective command and control over such facilities and over United States
personnel, employees, equipment and material.”/8
Even as the
United States reaffirmed that Philippine sovereignty extended over the bases and
that each base was under the command of a Philippine Base Commander,/9
certain areas were reserved for the exclusive use of the U.S. Armed Forces
and the U.S. Navy. For instance, a portion of Subic Bay waters was reserved for
U.S. forces’ use; and within the depicted reserved waters, the U.S. Commander
was authorized to control movement and operation of ships and waterborne craft
and to perform other activities that may be appropriate for the unhampered
operation of U.S. forces. Moreover, the Philippine government assured unhampered
access to, egress from, movement within and operational use of the water of
Subic Bay by U.S. government vessels and vessels chartered or engaged on behalf
of the United States./10 It will be noted that facilities and
installations identified as potential sources of pollution, such as the
communication facilities at Clark, the Naval Supply Depot and the industrial
area at Subic, were part of the areas used for exclusive American use./11
From the foregoing, it cannot be denied that the United States exercised
effective control of the activities within the military bases.
C. THE
ACTIVITIES CONDUCTED BY THE U.S. WITHIN THE
FORMER
MILITARY BASES CAUSED ENVIRONMENTAL
HARM
Inasmuch as the U.S. had effective control of the territory and all the
activities conducted within the bases, the environmental harm within Subic and
Clark can only be attributed to the activities conducted by the U.S. within the
bases.
Again, a review of the Department of Defense documents released by the United
States to the Philippine government would provide evidence that the U.S. carried
out activities, operations and practices within the military bases which caused
environmental harm. As stated, known contaminated sites in Subic Naval Base and
Clark Field Air Base were identified based on an analysis of the operations
performed by the U.S. forces at the military bases and on documented and
reported history of spills, dumping burying toxic materials and other improper
practices, while potentially contaminated sites were identified by examining the
history of improper toxic waste management practices, high chemical use and
storage, generation of large quantities of hazardous waste, or reported
violations or non-conformance to hazardous materials management standards./12
The U.S. General Accounting Report noted some of these improper practices and
deficiencies as follows: underground storage tanks had no leak detection
equipment; firefighting facilities lacked drainage systems; the Subic Bay Naval
Facility’s power plant contained unknown amounts of polychlorinated biphenyl
(PCB) and emitted untreated pollutants directly into the air; the Subic Bay
Naval Facility had no complete sanitary sewer system and treatment facility; and
only 25 percent of the five million gallons of sewage generated daily was
treated. As a result, thereof, the fuel and chemicals used in fire-fighting
exercises seeped into the soil and water table, and the overflow went directly
into Subic Bay. Sewage and process waste water from the naval base and air
station industrial complexes were discharged directly into Subic Bay, while lead
and other metals from the ship repair facility’s sandblasting site either
drained directly into the bay or were buried in the landfill./13
The U.S. General Accounting Office Report admitted that at the time of the
review, the U.S. Air Force and the U.S. Navy had no plans to clean up the
contaminated sites.
From the foregoing, it is patent from the documents released by the U.S.
Department of Defense that (1) the United States had knowledge of or had the
means of knowing that its agents were carrying out such hazardous activities,
operations and improper waste management practices within the military bases
under its effective control; and that the U.S. had knowledge of or had the means
of knowing that the activities undertaken within the military bases involved
appreciable or foreseeable risk of causing environmental harm; and (3) lastly,
that notwithstanding such knowledge, the United States government had no visible
plans of repairing or compensating for the environmental harm.
D. WHETHER
THE U.S. CAN BE HELD LIABLE UNDER THE 1947 MILITARY BASES AGREEMENT, AS AMENDED
The U.S., in the General Accounting report, does not deny the contamination of
site within the former bases, such as fire-fighting training facilities and
underground storage tanks. It denies, however, liability of environmental damage
under the Military Bases Agreement. This is evident from the letter dated June
24, 1999 written by U.S. Deputy Undersecretary of Defense Sherri Goodman to
Senator Legarda-Leviste alleging that the United States Government has no legal
obligation to clean up the toxic waste in the former U.S. bases in the
Philippines. The letter states:
“The United States used military installations in the Philippines under the1947
Military Bases Agreement. Neither that Agreement, nor major amendments to it,
required the United States to conduct any environmental restoration when the
Agreement terminated. Your government expressly agreed to waive any right to
demand cleanup in return for the agreement of the United States not to seek
compensation for the value of the substantial improvements we left behind. You
can find this language in the1988 Amendment. It reads as follows:
‘The United States is not obliged to turn over the bases to the Philippines
at the expiration of this Agreement or the earlier relinquishment of any
bases in the condition in which they were at the time of their occupation,
nor is the Philippine obliged to make any compensation to the United States
for the improvements in the bases or for the non-removable buildings or
structures left thereon, the right of which shall revert to the Philippines
upon the termination of this Agreement or the earlier relinquishment by the
United States of the bases where the buildings or structures have been
built.’
“Nothing in international law alters the rights established by the Military
Bases Agreement. Consequently, the United States has no further obligation to
undertake restoration activities at its former installations in the
Philippines. In the absence of legal authority, our laws do not permit us to
spend funds for the purposes you have requested.”
Commenting on the letter of undersecretary Goodman, the Philippine Department of
Foreign Affairs stated in part:
“The Department of Foreign Affairs is aware of the U.S. Government’s position
that it is under no legal obligation to clean-up suspected contaminated sites
in the former U.S. military bases of Subic and Clark. x x x
“Subsequent amendments made on Article XVII of the 1947 Military Bases
Agreement to mean that the Philippine Government “expressly agreed” to waive
its rights to the ownership, removal and disposition of improvement made by the
United States in the former U.S. military bases. The Philippine Government did
not at any time waive ant right to demand clean-up of the former U.S. bases in
exchange for improvements made by the U.S. Government in the premises of the
former U.S. bases. It must be noted that when the 1947 Military Bases
Agreement was signed, there was no knowledge or experience at the time of the
adverse effects of hazardous wastes on the life and health of humans.”/14
The pertinent provisions of the Agreement and the amendments thereto are as
follows: