Philex Mining Corp. berated the Department of Environment and Natural Resources for releasing information about the penalties the company should pay after waste spillage from a tailings pond of its Padcal Mine in Benguet affected nearby rivers. 

"This is a gross violation of our rights. We have not recieved a copy of the violation, neither was there any communication stating that we have to pay such fines. They disclosed the information to media without informing us. We were subjected to trial by publicity," Philex vice-president for communications Mike Toledo said at the sidelines of the Mining Philippines 2012, Conference and Exhibition at the Philippine Plaza-Hotel Sofitel in Pasay City.

He said the the company, in general, was gravely affected by the department's disclosing the status of the penalty to the media.

"Their statements are not helping us any. In fact, it has affected the value of the company. Even employees and our workforce were also affected," he said.

The DENR has stated that Philex may have to pay as much as P1 billion in penalties for damages to the environment as a result of the several incidents of tailings spill in Padcal Mines.

A previous estimate by the department put the amount at P325 million.

Using the DENR's 1.5 density index formula, Philex may pay as much as P975 million for damages, as per the Mining Act, and an additional of P8.4 million for water pollution, based on the Clean Water Act.
 
The Environment Department conducted aerial survey of the disaster site to take stock of the extent of the spill and the pollution to the nearby bodies of water.

Philex again reiterated that leakage to the nearby Balog River was not toxic and in due course would have righted itself since the "pollutant" is biodegradable..

The company estimates that it loses P30 million per day in potential revenues since the tailings disaster occurred on August 1.

Toledo reiterated that the company will not resume operations until the integrity of the tailings storgae facility is ensured.

The company has already stopped leakage from the tailings pond. Rehabilitation of the tailings facility and effected environs will soon follow.

Toledo also reiterated the company's "commitment" to the families affected by the tailings spill, vowing that Philex would bring them back "to, if not better than, their previous status."

Toledo also said the company is working on "short, medium and long-term plans" for sustainable social and economic development. — BM, GMA News