Philex slapped anew with P92.8 million fee over mine leak

The Pollution Adjudication Board (PAB) imposed Wednesday gold mining firm Philex Mining Corp. with P92.8-million pollution penalties in connection with the leakage from one of its mine tailings pond in August last year.
PAB, a quasi-judicial body under the Department of Environment and Natural Resources that is created for the settlement of pollution cases, also ordered Philex to refrain from using its tailings pond.

The PAB resolution dated January 18 and signed by PAB Secretary Jonas Leones stated that, “after due deliberation and consultation, the Board resolves to order respondent (Philex) to cease and desist from operating and using its Tailing Pond No. 3. This order shall remain in effect until the Tailings Pond No. 3 shall have been completely restored and its structural integrity ensured as confirmed and certified by the Mines and Geoscience Bureau (MGB). The respondent is also directed to pay the initial amount of fines imposable as of 28 November 2012 amounting to P92.8 million.”

The P92.8-million penalty in violation of the Republic Act 9275 or the Philippine Clean Water Act of 2004 is broken down as follows: P15.2 million covering the period of August 3, 2012 to October 17, 2012 the date before respondent complied with the effluent standards or 76 days; P30.4 million covering the period from August 3, 2012 to October 17, 2012 for two counts of violation of the Water Quality Criteria; and P47.2 million covering the period from August 3, 2012 to November 28, 2012 for two counts of violation of RA 9275.

PAB ordered Philex to pay the fines within 15 days from receipt of the resolution.

The amount is separate from the P1.034-billion penalty it incurred in violation of the Republic Act (RA) 7942 or the Philippine Mining Act of 1995.

The mining firm has yet to pay the P1.034-billion fine.

Earlier, the DENR-Mines and Geosciences Bureau (MGB) denied a request from Philex to use the P1.034-billion penalty for the rehabilitation of areas affected by the leakage.

Philex had asked MGB to allow them to spend P870 million for the rehabilitation of its tailings dam and the cleanup and rehabilitation of Balog Creek and its convergence area with Agno River until April.