8:54 PM

November 12, 2012 8:33pm
(Exclusive) After months of recurring leakages, the Philex mine spill in Benguet has become the “biggest mining disaster” in the Philippines in terms of volume, but the company is seeking a clean-up option instead of paying the hefty fine of P1 billion, officials said.

Some 20 million metric tons of sediments have flowed into water channels from the Philex tailings pond in Itogon since its drainage tunnel was breached last August, according to a report from the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR).

This is ten times more than the volume of mine tailings that spilled out of the Marcopper mine in 1996 in Marinduque, which dumped some two million metric tons of waste into the Boac River and is still considered the worst mining disaster in terms of toxicity. Residents along the 27-kilometer Boac River lost their fishing livelihood and diseases have afflicted the community after the incident.

“In terms of volume, ito [Philex mine tailings spill] ngayon ‘yung biggest mining disaster in the Philippines,” MGB chief Leo Jasareno told GMA News Online in an exclusive interview last Friday.

Philex spokesperson Atty. Eduardo Aratas affirmed the statement: “Because of the volume [of the leak], it is really the biggest. But on the toxicity, it is not.”

Mining officials are still studying the toxicity levels of the wastes from the gold and copper mine that were deposited in nearby waterways after heavy monsoon rains led to a major breach in its drainage tunnel last August 1. About five "minor" recurrences have been reported since then, Jasareno said.

This week, the bureau is set to conduct a socio-environmental impact assessment of the tailings pond leak to determine the extent of the damage.
 
The DENR has slapped a hefty P1-billion fine, almost as much as the mining firm's taxes last year, on one of the country’s largest producers of gold and copper.

But Philex is reluctant to pay up, arguing that, “forces of nature cannot be prevented 100 percent.”

Aratas asserted, “Ang sinasabi ng management, sige if you fine us tapos na dapat [‘yung responsibility]. Or, if you order us to clean up, then gagawin namin ‘yun.”
 
The MGB chief is standing pat on the penalty. “Ang contention kasi ng Philex pagka-force majeure hindi sila dapat magbayad ng P1 billion. [Pero] dun sa provision ng Mining Act na kung saan namin hinugot yung parusa… wala namang nakalagay na hindi ka magbabayad kung force majeure,” Jasareno explained.

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