Philex Mining may lose ECC on tailings leak

Philex Mining Corp. is on the verge of losing its environmental clearance certificate (ECC) because of the waste material its Padcal Mines in Benguet accidentally released to the ecosystem.   The Environment Management Bureau – an agency of the Department of Environment and Natural Resources – revealed that Philex Mining violated a provision on its ECC when its Padcal site leaked mine waste to nearby water channels.   In a disclosure released by the Philippine Stock Exchange on Tuesday, Philex Mining confirmed it has received a “Notice of Adverse Findings” from EMB after the mining operations in Itogon violated the required mine waste management.   “It was found out that Condition No. 2 of the original ECC was violated which states ‘Pond effluent discharges shall conform with the standards set forth under RA 9275 otherwise known as the Clean Water Act of the Philippines,” EMB’s notice read.   EMB noted Philex Mining has been slapped with a daily fine of P50,000 starting August 1, when the tailings leakage was first reported.   “The ECC issued for your project also states that ‘Non-compliance with any of the above mentioned conditions shall be sufficient cause for the suspension or cancellation of this certificate and/or imposition of fine in an amount not to exceed P50,000 for every violation,” the bureau said.   Philex Mining senior vice president for Corporate Affairs Michael Toledo said that the company is still reviewing the latest allegation from government.   “Our technical people, lawyers and consultants are still reviewing it,” he said Tuesday.   Citing results of commissioned studies, Philex maintained no chemicals could have grossly affected the waters near the mines to jeopardize the lives  and livelihood of families living in the area.   An independent science and technology laboratory noted there were no harmful chemicals detected in fish samples taken from the waters near the mine site.   The Sentro sa Pagsusuri, Pagsasanay at Pangangasiwang Pang-Agham at Teknolohiya Corp. (SentroTek) reported 0.05 mg/kg for cadmium, 0.10 mg/kg for lead, and 0.005 mg/kg for arsenic in the tilapia fish it analyzed in early September.   Louie Sarmiento, president of the Philippine Mine Safety & Environment Association (MPSEA), said Philex Mining adhered to the principle of a world class and responsible mining company.   “Philex Mining has been consistent with its policy on sustainable development, for it has been creating employment and working toward progress while protecting the environment,” Sarmiento said.   Apart from fines in violation of its ECC, the Mines and Geosciences Bureau, also a DENR agency, earlier imposed a P1 billion fine against Philex Mining in violation of the 1995 Philippine Mining Act.    The mining company noted it is questioning EMB’s imposition of fines and adverse findings.   “The company will submit its written reply to the EMB contesting its notice of adverse findings and explaining why the company should not be penalized or fined under the terms and conditions of the ECC,” the company said.   Philex Mining also revealed in the disclosure its has started plugging the underground tunnel that has been causing wastewater leak toward Balog and Agno rivers.   “[We have started] pouring concrete to bulkhead the underground tunnel of Penstock 1 which, when completed, would eventually seal the tunnel and stop any level of tailings leakage from the pond,” it said. — VS, GMA News