Philex slapped with new fine

MANILA, Philippines - The Pollution Adjudication Board (PAB) has fined Philex Mining Corporation P92.8 million for the tailings spill that polluted the waterways in the environs of Philex’s copper-gold mine in Padcal, Benguet.

The Department of Environment and Natural Resources (DENR) earlier said that a fine of between 50,000 to P200,000 would be  imposed on a per day basis for violation of the Clean Water Act until the pollution is cleared from the waterways affected by the discharge.

Most of the tailings spilled into the Agno ang Balog Rivers.

According to the PAB resolution dated Jan. 18, 2013, Philex has 15 days to pay the fine from receipt of the order.

In a disclosure to the Philippine Stock Exchange yesterday, Philex senior vice president for finanace Renato Migrino said the company received the resolution on Jan. 23.

“The company will evaluate its position regarding the foregoing matter and inform the Exchange accordingly as may be fit,” said  Migrino in a disclosure to the local bourse yesterday.

The imposition of the fine for the pollution of the said waterways was confirmed by Mines and Geosciences Bureau (MGB) director Leo Jasareno.

This would be on top of the P1.034 billion imposed by the MGB for the volume of tailing spilled.

The PAB said the total fine of P92.8 million is imposable as of Nov. 28, 2012. This is broken down as follows:

First violation: P15.2 million covering the period of Aug.3, 2012 to Oct. 17, 2012 “the date before the company complied with the Effluent Standards.”

Second violation: P30.4 million covering the period from August 3, 2012 to October 17, 2012 covering 76 days for two counts of violation of the Water Quality Criteria per section 27a of the Clean Water Act.

Third violation: initial amount of P47.2 million covering the period August 3, 2012 to Nov. 28, 2012 for two counts of violation of Section 27.a of the Clean Water Act.

“The amount of fines for this violation shall continue to accrue until all the sediments in the two river bodies are removed and completely rehabilitated to be determined and certified by the EMB (Environmental Management Bureau and the MGB (Mines  and Geosciences Bureau),” the PAB resolution stated.