Philex Padcal Mine PAB Resolution


Published on

PAB Resolution
DENR-PAB Case No. CAR-00836-12
- versus-
FOR: Violation of R.A. 9275 and Its
Implementing Rules and Regulations
25 February 2013

Published in: Education
  • YES TO LIFE YES TO AGRICULTURE & ECO TOURISM No to mining in Palawan AND other Key Biodiversity Areas (KBAs)...No to mining in our Islands.
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  • YES TO LIFE Ang yaman ng Palawan ay yaman ng Pilipinas It is known as the Philippines’ Last Ecological Frontier. It has 40% of our country’s remaining mangrove areas, 30% of our coral reefs, at least 17 Key Biodiversity Areas (KBAs), 2 UNESCO World Heritage Sites, and 8 declared Protected Areas (PAs). It is unmatched anywhere in the country
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Philex Padcal Mine PAB Resolution

  1. 1. Republic of the Philippines Department of Environment and Natural Resources POLLUTION ADJUDICATION BOARD DENR Compound, Visayas Avenue, Diliman, Quezon City :IN THE MATTER OF DENR-PAB Case No. CAR-00836-12WATER POLLUTION CONTROLAND ABATEMENT CASE - versus- FOR: Violation of R.A. 9275 and Its Implementing Rules and RegulationsPHILEX MINING CORPORATION, Respondent.2(- - - - - - - - - - - - - - - - - - - - - - -1t NOTICE OF ISSUANCE OF RESOLUTION/ORDERSir/Madam: Please take notice that in its meeting of 25 FEBRUARY 2013, the Boardissued a resolution/ order in the above-entitled case, a copy of which is attached. Quezon City, Metro Manila, Philippines. 07 MARCH 2013. . LEONES d Board SecretaryCopyfurnished:The RegionalDirector The General ManagerEMB-CAR PHILEXMININGCORPORATIONDENRCompound, Gibraltar Padcal, Tuba, BenguetBaguio City
  2. 2. ~--------------~~~----------------------------------------~~ ADJUDICATIO PO BOARD 0 DE_~ Compound, Visayas Avenue, Diliman, Quezon City THE MATTER OF DENR-PAB Case No. CAR-00836-12 ATER POLLUTION CONTROL AND ABATEMENT CASE - versus- FOR: Violation of R.A. 9275 and Its Implementing Rules and Regulations PHILEX MINING CORPORATION, Respondent. x- - - - - - - - - - - - - - - - - - - - - - -x ORDER ----- For consideration before the Board IS the respondents "Motion to Lift" dated 20 February 2013. Records of this case will reveal that the Board issued a Cease and Desist Order (CDO)against respondent last 28 November 2012. The dispositive portion of which reads as follows: "WHEREFORE,after due deliberation and consultation, the Board resolves to order respondent to Cease and Desist from operating and using its Tailing Pond No.3. This order shall remain in effect until the Tailings Pond No.3 shall have been completely restored and its structural integrity ensured as confirmed and certified by the Mines and Geo-Sciences Bureau. Xxx ... : In said motion, respondent prays for the Lifting of the CDO issued last 28 November 2012 and submitting the following documents in support thereof: ••• pUOIca 0" ••.•• ~h"P •• I •...••• oePA"T •••• I::NT 0" IlNV,,..,ONMI::NT ~~ ANO ,.,.ATUflUl.L ",~.OU"CI!. Certified True Xerox Copy MAR 07 2013 r -1111111111111111111 SENR034639 I 111111 I I I 1111 .- -----.----- --_._-
  3. 3. (1)Philex Padcal Mine TSF3 Rehabilitation & Clean-Up Plan; (2)Certificate of Accreditation of Respondents PCO Forester Rodolfo B.Sagud; (3) Surety Bond; and (4)Affidavit of undertaking executed by Engr. Libby R. Ricafort, the Vice President and Resident Manager of Padcal Mine. . Based on the documents submitted, the proposed Rehabilitation andClean-up plan includes the construction of the spillway which will replace thepenstock system, reconstruction of the offset dike and filling of the void createdb the tailings spill. Respondent also prays that the CDO be temporarily lifted immediatelyonce the Mines and Geo-sciences Bureau (MGB)lifts its suspension order withrespect to the operations of Philex Padcal Mine without prejudice to its Motionfor Reconsideration dated 05 February 2013. During the deliberation last 25 February 2013, the Board noted the needand urgency to issue the TLO in favor of Philex Mining Corporation to allow it tooperate the TSF3 based on the findings of the Mining and Safety Division ofMGB and the testimony of the MGB Director, Leo L. Jasareno. According toMGB, Philex Mining Co. must be allowed to operate to immediately fill the voidwhich was created due to the scouring of the sediments resulting from thecollapse of Penstock A, in order to prevent the weakening of the main dike whichholds. the mine tailings. The MGB, further stressed that in the event the maindike collapses, it will cause irreparable and catastrophic damage theenvironment and to the communities since an approximately one hundred fortymillion (140,000,000) tons of mine tailings will be discharged by the TSF3.Please note that the incident last 01 August 2012 wherein Penstock A collapseddischarged only a total of 20,689,179.42 tons of tailings which already broughtconsiderable damage to Agno and Balog rivers.PHILEX MINING CORPORATION, respondent. Page 2 of 4DENR-PAB Case No.: CAR-00836-12Add.: Padcal, Tuba, Benguet
  4. 4. The Board also finds the proposed action ,by Philex Mining Co. to fill thevoid and the reconstruction of the offset dike technically plausible as supportedby MGBin order to protect the main dike. The Board, nonetheless, directs PhilexMining Co. to fabricate another sphere as a precautionary measure which shallbe used in plugging the remaining functional penstock in case the same willcollapse similar to what happened last 01 August 2012 to penstock A. WHEREFORE, after due deliberation and consultation, the Board resolvesto Temporarily Lift the issued Cease and Desist Order last 28 November 2013to allow respondent to implement its Pollution Control Program by filling the voidwith fresh tailings as well as reconstruction of the offset dike. The temporary lifting shall only be effective for four (4) months whichshall be reckoned from receipt of this Order. Within the TLO period, therespondent shall comply with the following: 1. Prior to the expiration of the TLO period, submit to the Board thru the Regional Office a detailed report on the status of its compliance with the commitments made and other directives of the Board; 2. Fabricate another sphere as a precautionary measure to be used In plugging penstock B in case the same incident occurs; and 3. Prepare and submit to the Board a monthly self-monitoring report (SMR) duly received by the Regional Office. The Regional Office is also directed to conduct a bi-monthly monitoring incoordination with MGB to verify respondents progress in the rehabilitation ofTSF3. The issuance or. this order shall be without prejudice to the finespreviously imposed by the Board against respondent, the discussion of which,shall be covered by a separate Order.PHILEX MINING CORPORATION, respondent.DENR-PAB Case No.: CAR-00836-12Add.: Padcal, Tuba, Benguet ~ ~P~b" ••• ~. ~n"pp" •• ~ --=- I DR ••••••••.T1IIM!•••T or eNV,"ONMI!!NT ;,.,0 NATU •.•.•L ft.e.oufICe.
  5. 5. The Regional Office (EMB-CAR)or its duly authorized representative incoordination with the Regional Executive Director is directed to serve this Orderwithin seventy-two (72) hours from receipt hereof. A report shall likewise besubmitted to the Board within forty-eight (48) hours from execution stating theproceedings taken therein. SO ORDERED. Quezon City, Metro Manila, 25 February 2013. 4a.. ~ ...."ullll •• OI!;P""TMIlNT o~ t •.•• ~n.llppl O~ .NVON~NT ••.••• ~ 1IIIIIilllm~II~ll rlillmm SENR034639 US~ LD.~OCHI / Bo d Member ATTY. PROF. ONY S.F. CHIU oa d MemberAttested by: R.LEONES e and Board SecretaryPHILEX MINING CORPORATION, respondent. Page 4 of 4DENR-PAB Case No.: CAR-00836-12Add.: Padcal Tuba Benguet