Mines polluting MP rivers; foreigners transporting ore

By Gina Dizon

BONTOC, Mountain Province – Tailings from small-scale mine sites are slowly polluting rivers of this province with toxic effluents  even as foreigners are now actively involved in transporting ore from the areas to Poro Point, La Union for shipment to China.  

This was bared in a recent forum of the Cordillera Studies Center where use of cyanide and  mercury by small scale miners  in Fidelisan, Sagada in a gold processing plant  was reported by affected  folks in downstream Tetep-an and Tanulong barangays. 

Traces of mercury have also been noted from water coming from Amlosong  River from the  Fidelisan mines in Sagada and Balitian  River from the direction of the Mainit mines in Bontoc flowing to the Chico River, said Kalinga Environment officer Dominic Sugguiyao  during a meeting with Kalinga and Mountain Province officials to address  Chico River pollution.

In said forum, regulation was urged to check environmental effects of small scale mining in the province.

Farmers downstream Guinaang of upland Bontoc where the Mainit mines are located  and  Tetep-an and  Tanulong  where the Fidelisan mines are located upstream complained of decreased  rice harvest and death of marine  life with the operations of the Mainit mines upstream.   

It was noted that folks downstream Masla and Lubon in Tadian town also protested mining operations of upstream Mabalite due to pollution along the Layugan River.

The Sanggguniang Bayan of Tadian also noted miners in Mabalite do not have mining permits. 

Tadian Mayor Anthony Wooden encouraged small scale miners to apply to the PMRB and submit the necessary requirements to make their operations legal. 

Gov. Leonard  Mayaen who sits as vice chairman of the Provincial Mining and Regulatory Board and PMRB  chair Mines and Geo Sciences Bureau  regional director Fay Apil urged small scale miners to secure mining permits to make their livelihood legitimate.

Apil in a recent meeting with small scale miners and local officials said small scale miners were being reported to the MGB for illegally transporting mine tailings and mine ores without  ore transport permits. 

Ore transport permits as required by the Mining Act of 1995 are issued by the PMRB upon registration of small scale miners either as individuals or as cooperatives for small scale mining contracts.

A small scale miner who requested anonymity and who goes into mine tailings transport business said he faced difficulties in police check points along the road when transporting mine tailings.

The miner stopped transporting mine tailings and sold these instead to buyers who bring these to Poro Point for shipment to China, it was learned.  

Others who buy mineral ores had their load impounded in police checkpoints and charges filed against them.

Bangladeshi Melon Anike Hussein and truck driver Jeffrey Beadoy were charged for illegal transport of  mine ore  sourced from Mainit, Bontoc  early last year.

The case was eventually pulled off by police- complainants.

Others pass via farm to market roads  where there are no check points.

Some one thousand  small scale miners operating in  at least  five mining areas in the province  are not registered  with the PMRB and don’t have mining permits particularly miners in Fidelisan  of northern Sagada; Mainit and Matiem, Balili in Bontoc; Maliten in Besao; and Mabalite and Bunga in Tadian.

The PMRB, by virtue of the Peoples Small Scale Mining Act of 1991, is chaired by the DENR/MGB regional director, vice chaired by the provincial governor  or representative, and member-representative each from  small scale miners, large scale miners and an environmental NGO.

Under direct supervision and control of the  DENR Secretary,  the  PMRB declares  existing gold rush areas as small  scale mining areas and reserve future  and other small scale mining areas.

PMRB also   awards contracts, formulates  rules and  regulations and settles  disputes,  and performs other functions necessary to achieve objectives of RA 7076. 

RA 7076 defines small scale mining as that which “relies heavily on manual labor using simple implement and methods and do not use   explosives or heavy mining equipment.”

Mountain Province-based miners use blasting equipment in their operations and compressors. 

In an interview, MGB director Apil said equipment used by miners operating in Mountain Province are not heavy  like what large scale  mining companies  use so  they  may still be referred to as small scale miners.

Although Apil said Implementing Rules and Regulations  (IRR) of  RA 7076 in relation to the recently issued  EO 79 is  being amended, she urged  small scale miners and other stakeholders to forward their recommendations on the amendment of the  IRR of  said RA 7076  to the PMRB for appropriate action.

EO 79 provides that grantees of mineral agreements  such as exploration permits, “shall have the rights under the said laws, rules, and guidelines over the approved exploration area and shall be given the right of first option to develop and utilize the minerals in their respective exploration area” practically letting small scale miners who have not applied for any permit  edged out from their mining sites they have mined for quite some time. 

Mayaen said “cleansing” is made on mining applications not operational within five years, rendering affected applications ineffective.      

SSM groups were encouraged to organize into cooperatives to qualify for peoples small scale mining contract or Minahang Bayan. 

There are currently four  small scale  organizations in the province: Avoos SSM in  Mainit, Bontoc; Matiem Pocket Miners Association in Balili, Bontoc; Maliten  SSMA in Maliten, Besao; Sagada Northern Barangays Miners Association in northern Sagada and an  SSM group in Mabalite and  Bunga in  Tadian. 

The PSSM Act encourages formation of cooperatives to be qualified for issuance of a permit for a minahangbayan or a SSM contract.

The PSSM Act requires a mining plan, payment of taxes, and permits on tree cutting, processing and pollution control.

This, aside from the free prior and informed consent (FPIC) of affected communities.