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  1. Join Date
    Oct 2002
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    1,271
    #1
    from: www.gmanetwork.com

    Philex spill ‘biggest mining disaster’ in PHL, surpassing Marcopper – DENR

    By ROUCHELLE R. DINGLASAN, GMA News November 12, 2012 8:33pm

    After months of recurring leakages, the Philex mine spill in Benguet has become the “biggest mining disaster” in the Philippines in terms of volume, but the company is seeking a clean-up option instead of paying the hefty fine of P1 billion, officials said.

    Some 20 million metric tons of sediments have flowed into water channels from the Philex tailings pond in Itogon since its drainage tunnel was breached last August, according to a report from the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR).

    This is ten times more than the volume of mine tailings that spilled out of the Marcopper mine in 1996 in Marinduque, which dumped some two million metric tons of waste into the Boac River and is still considered the worst mining disaster in terms of toxicity. Residents along the 27-kilometer Boac River lost their fishing livelihood and diseases stalked the community after the incident.

    “In terms of volume, ito [Philex mine tailings spill] ngayon ‘yung biggest mining disaster in the Philippines,” MGB chief Leo Jasareno told GMA News Online in an exclusive interview last Friday.

    Philex spokesperson Atty. Eduardo Aratas affirmed the statement: “Because of the volume [of the leak], it is really the biggest. But on the toxicity, it is not.”

    Mining officials are still studying the toxicity levels of the wastes from the gold and copper mine that were deposited in nearby waterways after heavy monsoon rains led to a serious breach in its drainage tunnel last August 1. About five ‘minor’ recurrences have been reported since then, Jasareno said.

    This week, the bureau is set to conduct a socio-environment impact assessment of the tailings pond leak to determine the extent of the damage.

    The DENR has slapped a hefty P1-billion fine, almost as much as the mining firm's taxes last year, on one of the country’s largest producers of gold and copper.

    But Philex is reluctant to pay up, arguing that, “forces of nature cannot be prevented 100 percent.”

    Aratas asserted, “Ang sinasabi ng management, sige if you fine us tapos na dapat [‘yung responsibility]. Or, if you order us to clean up, then gagawin namin ‘yun.”

    The MGB chief is standing pat on the penalty. “Ang contention kasi ng Philex pagka-force majeure hindi sila dapat magbayad ng P1 billion. [Pero] dun sa provision ng Mining Act na kung saan namin hinugot yung parusa… wala namang nakalagay na hindi ka magbabayad kung force majeure,” Jasareno explained.

    Balog Creek ‘biologically dead’

    The penalty for violating other environmental laws – such as the Clean Water Act – will be imposed separately on Philex, Jasareno said. This will cost about P50,000 per day, in addition to a clean-up plan for the rehabilitation of damaged waterways.

    The company has said that *******ial monsoon rains caused a breach in its Tailings Pond 3 --the largest in the country at 80 hectares -- which can hold up to 160 million metric tons of wastewater and sediments from the mining operations.

    The leakage in what is currently the only operating tailings pond of Philex spilled waste into nearby water channels, particularly Balog Creek, which flows into the Agno River.

    Last October, an environmental investigative mission declared Balog Creek ‘biologically dead’ after it suffered the worst of the discharge, which was deposited along the 2.5-kilometer water channel.

    The creek had turned gray, with the riverbed full of mud and the water brownish in color. There were no signs of frogs, dragonflies, aquatic plants or moss. The water was too murky to spot any fish.

    According to the Philex spokesperson, the company is aware that the mining leak weighs heavily on the public’s perception of mining operations in the country.

    “Ang face ng mining will be at stake [dito]. Ayaw din namin na i-fail,” said Aratas. “Hindi lang Philex kasi ito. We are carrying the burden of proving that mining is really responsible.”

    Trust fund for communities

    Jasareno said the fines would be placed in a trust fund that will be used to pay for the claims of affected residents or communities.

    The MGB director added that the 57-year-old company would not be allowed to continue its operations “unless they are able to undertake the necessary remediation measures provided by law.”

    “Dapat i-remedy nila, otherwise di [sila] bibigyan ng permit,” he pointed out.

    According to Aratas, the company managed to plug the leak last September, but its operations remain suspended pending the clean-up of the mining spill.

    In early October, President Aquino told the Foreign Correspondents Association of the Philippines that environmental credibility is one of the considerations behind the newly inked Executive order 79, or the new Philippine policy on mineral exploitation.

    “We would rather not continue the situation or also the risks until the remedies or the corrections in the mining laws will be corrected,” he said.

  2. Join Date
    Oct 2002
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    1,271
    #2
    and the don't want to pay for it...

    www.abs-cbnnews.com

    Philex: We will not pay fine for mine leak

    ABS-CBNnews.com
    Posted at 09/26/2012 4:57 PM | Updated as of 09/26/2012 11:36 PM

    MANILA, Philippines - Philex Mining Corp., the mining giant led by businessman Manuel V. Pangilinan, said it will not pay any fine to be imposed by the government in connection with the mine waste leak at its Padcal mine in Benguet.

    This comes as the Department of Environment and Natural Resources (DENR) is set to release its decision on penalties for Philex this week. Environment Secretary Ramon Paje earlier said Philex may face a fine of nearly P1 billion.

    Mike Toledo, Philex Mining senior vice-president for Corporate Affairs, said the company should not pay any fines since there was no negligence on their part.

    He insisted the company should not be held accountable for an incident caused by force majeure, and "will not pay punitive penalties such as fines."

    "Unang una po, hindi naman siguro dapat magkaroon ng fines kasi wala naman pong negligence sa Philex. Isang po ay aksidente ito po ay force majeure. Talagang napakalakas po ang ulan, at makikita po natin sa records ng gobyerno na ang average rainfall maski 50 to 100 years. Lampas lampas po sa statistics on average rainfall," Toledo said.

    The Philex official said the company will review any decision the DENR will release. "We will indeed contest it at a proper forum," he said.

    "We shouldn't be held liable for something that was caused by force majeure. But we are willing-and, in fact-we have said repeatedly that we have the resources and capabilities to deal with all the remediation activities needed to address the Padcal accident."

    Last August 1, mine waste leaked from a pond at Padcal mine and flowed into a creek connected to the Agno river, one of the largest in the country. Philex blamed the heavy rains caused by typhoon Gener for the leak. It has taken the company a more than a month to stop the leak.

    Philex said the Mines and Geosciences Bureau (MGB) has confirmed the company has a system for maintenance and monitoring of its tailings pond and secondary facilities in Padcal.

    "The findings came as no surprise because the company's environmental management system, including the operation and maintenance of Tailings Pond No. 3, has long been ISO-compliant and -certified," Toledo said.

    Toledo also noted the company has been quick to respond to the Padcal incident and will continue to cleanup and rehabilitate the Balog Creek and its convergence area with Agno River. The company has provided assistance to 45 families along the Agno River, who were affected by the incident.

  3. Join Date
    Jan 2003
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    2,407
    #3
    Kalokohan, paying a fine would not solve anything. Instead of asking Philex to pay P1B, why not ask them to rehabilitate the water channel instead.

  4. Join Date
    Jan 2011
    Posts
    1,646
    #4
    tama rehab nalang nila yun river and mountains x10 far from the mining

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