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

(Exclusive) 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 have afflicted 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 major 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-environmental 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 torrential 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 referred to the mining disaster, without naming Philex directly, when he told the Foreign Correspondents Association of the Philippines that reforms were needed in the mining law:

"In terms of revenues, our position is government gets something like less than 10 percent of what they (mining companies) make. But we have a hundred percent if there is a problem that crops up, meaning, for instance, one of the oldest firms – of mining firms – in the country suffered multiple failures of their tailings pond, and that redounds to quite a significant impact on the environment.  

"We still stick with our position that there has to be a reformulation of the governing law with regards to the mining industry. And we would rather not continue the situation or also the risks until the remedies or the corrections in the mining laws will be corrected." – YA/HS, GMA News The author was a recipient of a grant from the International Women's Media Foundation, which covered part of the cost of producing this report.