DENR's Mines and Geosciences Bureau readies to penalize Philex

The Mines and Geosciences Bureau is finalizing the possible penalties and fines it could impose on Philex Mining Corp. after waste from the company's Benguet-based mine contaminated nearby waterways recently. In an interview with GMA News Online on Thursday, MGB director Leo Jasareno said, “We are assessing the extent of impact [on the environment] of Padcal Mine's tailings pond leak. We are determining the violations [that the firm committed].” Based on initial findings, the spilled tailings have reached 6.5 million metric tons. Under the national mining law, a P50 fine shall be collected for every ton of leaked sediment, leaving the gold and copper mining firm with an estimated P325 million in penalties. In the onslaught of heavy rains earlier this month, Philex suspended the mine's operations after one of the underground tunnels from its tailings pond leaked water and sediment to nearby Talog Creek and Agno River. Jasareno said that the mining firm may likewise be fined P50,000 to P200,000 every day in violation of the Water Pollution Act until the waste has been cleared. The bureau chief added that the MGB will reveal all the penalties and fines that Philex will face once the Department of Environment and Natural Resources approves the investigation report. Jasareno said that Philex’s operation in Benguet may "possibly" be suspended permanently if they find out that the firm violated provisions of its mineral production sharing agreement. “Possible na marevoke ‘yung license pero we cannot say that this early,” he said. Rehabilitation ongoing but… Padcal Mine spokesperson Eduardo Aratas said that rehabilitation and repair of the mining site has been ongoing even if the weather in Northern Luzon has not been cooperative. “Hindi pa namin totally madetermine ‘yung damage dahil sa continuous rains dito sa area,” Aratas told GMA News online via phone interview. “May kinomisyon na kami para mag-aerial survey para macompute more or less ‘yung damages, kaya lang until now zero visibility pa rin dito dahil sa weather,” he noted. Aratas added that Philex has been adding “access routes” to the mining site to continue its “cleaning activity." Philex’s spokesperson likewise revealed that an emergency spillway has been set up in the tailings pond to ensure that wastewater will not reach nearby creeks and rivers. Philex set aside about P250 million a month for its rehabilitation efforts, Philex vice president for communications Mike Toledo told reporters. “Admittedly, we do not have an estimate on how fast can we clean this mess. We’re thinking about two months, conservatively. Though we assure everyone that we are committed to the government that we will not operate until the integrity of our Tailings Pond 3 has been restored,” he noted. On top of repair and rehabilitation costs, the company still needs to shell out about P220 million monthly to maintain the mine.   Earlier, Philex Mining chairman Manuel V. Pangilinan said the firm might not reach its 2012 financial targets because of the Padcal situation. - BM, GMA News