DENR board to discuss Lafayette extension request today

An adjudication board attached to the Department of Environment and Natural Resources is set to tackle today the request of Lafayette Philippines for a 60-day extension of its test run in a P1.4-billion mine project in Rapu-Rapu, Albay.

Lafayette’s 30-day test run lapsed on Friday night.

However, Environment Undersecretary Francisco Bravo, Pollution Adjudication (PAB) Board chairman, said they only received the request of Lafayette over the weekend.

"Last Monday, they simply called (and asked for the extension)," he said in an interview.

"Lafayette is used to short cuts... they always rush us. They have to understand that we have to wait for the field reports of our people and study the merits of their request before we could decide.

"They have to remember that the DENR has a lot of activities and other things to do, that the PAB cannot meet immediately for them, or the PAB was created specially for them."

The field report and recommendation of the Mines and Geosciences Bureau (MGB) also came in late for the PAB to immediately convene and discuss Lafayette’s motion for an extension, he added.

On the other hand, lawyer Bayani Agabin, Lafayette spokesman, told reporters Thursday that they have filed the motion for a 60-day extension before the PAB since Monday last week.

They have expected the PAB to issue a decision last Friday, he added.

Meanwhile, Horacio Ramos, MGB director, in a text message to The STAR, said the PAB meeting last Friday was postponed because reports from people in the field came in late.

While the resolution for Lafayette’s motion for extension remains pending, the test run in its Polymetallic Project will be halted, he added.

Michael Cabalda, MGB environment division chief, said that processing of the minerals will continue until all ores already fed in the milling plant are produced.

The pending resolution of Lafayette’s motion for extension would only particularly affect the "input stage" of the milling process, he added.

Last week, MGB officials considered the mine project as fit for resuming permanent operations.

Citing Lafayette’s compliance to conditions set by the government and passing certain standards of effluent, Ramos and Cabalda agreed that "technically speaking," the suspension of Lafayette’s mine operations could already be permanently lifted.

"Technically, Lafayette has been compliant with all the conditions," Ramos said.

"The political and economic issues would be a different matter... we don’t want to delve into that," Cabalda said.

"At a technical point of view, I see no reason why the suspension order will not be permanently lifted. But then again, that is on a technical side. We cannot preempt the Pollution Adjudication Board (PAB), which would decide on whether to lift or not to lift the suspension order."

However, MGB officials said Lafayette still has to fulfill third-party reviews on two more aspects of its rehabilitation and installation of safeguard measures.

Ramos and Cabalda said third-party experts should review the stability of the tailings dam design and acid mine drainage (AMD) program of Lafayette’s mine project.

The third-party review would determine if the dam and AMD program would still need improvements or are already enough.

Agabin said Lafayette thought it best to further its test run at this time to determine effectiveness of its plant, and to have a more accurate data of compliance to the government conditions.

"We deem it best at this time to seek for the extension of the test run rather than seek the permanent lifting of the CDO because we only have data for seven days at a partial (30 percent) rated capacity," he said.

"A 30-day or 60-day data at a full (100 percent) rated capacity would be best for accurate data on facility’s environmental compliance," Agabin pointed out.

The DENR suspended operations of Lafayette late last year following the Oct. 11 and Oct. 31, 2005 mine spill, which has been blamed for the fish kill in Bicol, especially in three nearby coastal communities in the province as the mine spill purportedly contaminated bodies of water there.

Also, the DENR imposed a P10.4-million fine against Lafayette for violation of Republic Act 9725, the Clean Water Act.

The DENR considered the fine as the biggest penalty so far imposed by the agency.

Additional fines were also imposed by the agency against Lafayette for violating the terms and conditions of its environmental compliance certificate, including its wastewater discharge permit.

Subsequently, the DENR issued numerous conditions for which Lafayette should fulfill its obligations and warrant the possible lifting of suspension of its operation.