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Philex hits back at DENR’s ‘trial by publicity’ on Padcal tailings leak

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MANILA, Philippines—Philex Mining Corp. assured the public on Wednesday that it would fully restore its tailings (mine sediments) storage facility before resuming operations.

But Philex also hit back at the government, particularly the Department of Environment and Natural Resources, for the “trial by publicity” it employed against the company despite its transparency and quick response to the tailings leak, which was caused by heavy rains.

Mike Toledo, the Philex’s senior vice president for corporate affairs, said in a speech at the Mining Philippines 2012 Conference, that the company would not operate Padcal “until the integrity of the tailings storage facility is fully ensured.” In the meantime, the company would work to bring families affected by the spillage at Padcal Mine to, if not better than, their previous status, Toledo said.

Already, Philex has provided immediate assistance to about 45 families living near Padcal mine, Toledo said.

Toledo lamented the DENR’s recent media pronouncements about its supposed penalties connected to the tailings breach earlier in 2012 when the company itself had not been informed of the same. Toledo pointed out that “penalties” suggested that the company violated procedures to protect the environment when in fact the tailings leak was a “force majeure.”

The executive said it was “unfortunate” that Philex learned about the supposed penalties through the media, instead of a formal DENR report. He said the statement was “premature” and “a violation of due process” considering that the tailings breach was due to natural causes.

“We will verify the reports and act accordingly. We have the right to verify and present our position. The discharge was accidental as the rain volume was way above the recorded normal volume in the past. We practice responsible mining and we stand by what we have said that whatever obligations must be complied with, we will comply. It is just sad that as Filipino citizens and as taxpayers, we were not accorded due process,” Toledo said.

Environment Secretary Ramon J.P. Paje earlier said Philex could be fined double or triple the P325 million earlier computed for the sediment spills at its Benguet facility because of six additional leaks. He said the DENR would impose a P200,000-a-day fine, ongoing since the accident occurred on August 2.

Philex earlier said it has started collecting and transporting silts from Balog Creek, where sediments from the Padcal mine tailings dam in Benguet province escaped to during the monsoon rains that triggered flooding in Luzon and some parts of Western Visayas.

The company has created silt traps and tramlines that are being used in its cleanup drive.

Operations at Padcal Mine have been suspended since August 1, when there was an accidental leak in the Tailings Pond No. 3 following heavy rains. Internal and external experts pronounced the water and sediment discharge as non-toxic and biodegradable. There were also no reports of fatalities or injuries as a result of the tailings leak.

Philex Mining said it has been taking what it called an “ecosystems approach” to cleaning up and rehabilitating the Balog Creek, which has been affected by the tailings leak from Padcal Mine. Toledo of Philex said this involved putting manpower, technical know-how, and funds into various measures focusing on aquatic, terrestrial (land), water resources management, and forging partnership with the local communities.

“This ecosystems approach could become a formal program by Philex Mining Corporation on Balog Creek,” Toledo said, adding that the company has also been engaging the communities near the Padcal mine site in the cleanup and rehabilitation of the affected waterway.

After cleaning up the silt off Balog Creek, Philex Mining said the next steps would be the restoration of Balog Creek, including the protection of riverbanks, the replanting of affected areas, the stocking of flora and fauna in aquatic and terrestrial areas and, eventually, the reintroduction of endemic species to the rehabilitated places.

The social aspect in the ecosystems approach would involve the assessment of impact on the lives and livelihood of residents in the communities near the mine site, besides partnering with the households in the cleanup and rehabilitation drive. The capacity-building training and livelihood projects that would be facilitated by Philex Mining in and for the communities could also fall under this approach.

“We will do everything in our capacity to assist the communities that have been affected by the spillage in Padcal Mine,” Toledo said.

Operations at Padcal Mine have been suspended since August 1, when there was an accidental leak in the Tailings Pond No. 3 following heavy rains. Internal and external experts pronounced the water and sediment discharge as non-toxic and biodegradable. There were also no reports of fatalities or injuries as a result of the tailings leak, Philex Mining said.


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Short URL: http://business.inquirer.net/?p=82894

Tags: Business , Department of Environment and Natural Resources , Environmental Issues , Mike Toledo , mine tailings leak , Mining and quarrying , Philex Mining Corp.

  • http://profile.yahoo.com/THFWCPOYTHUNH4WPXIWOBVQZ3U Lone Ranger

    Can the Inquirer please show pictures of the tailings spillage? I have not seen any picture from any of the newspapers. Are the newspapers not allowed to take pictures?

  • http://profile.yahoo.com/THFWCPOYTHUNH4WPXIWOBVQZ3U Lone Ranger

    If the water level had reached maximum level due to heavy rains then why was the excess water not released to avoid catastrophic dam collapse? It looks like Philex chose to allow the maximum level to be exceeded without thinking of the consequences of possible catastrophic dam collapse. It was pure negligence.

  • mon key

    “We will verify the reports and act accordingly. We have the right to verify and present our position. The discharge was accidental as the rain volume was way above the recorded normal volume in the past. We practice responsible mining and we stand by what we have said that whatever obligations must be complied with, we will comply. It is just sad that as Filipino citizens and as taxpayers, we were not accorded due process,” Toledo said. – This statement by Toledo belies their intention to practice responsible mining. Engineers construct critical structures based on extreme loads and pressures to prevent failure. Philex constructed their tailings ponds based on normal rainfall volumes. When extreme rainfall occurs, it is normal for such structure to get breached. The discharge was not accidental .It was caused by a design flaw. Design flaws occur when structures are built without considering beyond normal events. Philex knows that failure – is not, never is – an option for a tailing pond. So the mining company SHOULD NOT cite “force majeure” or acts of god as the cause behind this event.   

    • malek_abdul

      In a way I agree with you but in some points I don’t like: “the discharge was not accidental…it was caused by design flaw”. Philex has been operating since 1957 and this is the first time that overflowing of rain water occurred. Designs and projections usually are based from data gathered in the past. There is a frequent monitoring of rain fall in the mine site. Each year volume of rainfall is recorded on daily, weekly, monthly and annual basis. From this data, Philex get the average volume of rainfall and projects the speed of back filling and elevating the tailings pond to contain the rain water which flows into. It maybe worthy to note that this year’s rainfall was so excessive that Philex was caught off-guard thus it was not able to contain the voluminous rain water rushing into the pond. Philex back filling operations may have been delayed or perhaps slow for some reason. I know Philex Mining Corporation to be a responsible mining company.

      • mon key

        There are engineers and companies who do not believe in climate change. They do not adapt their designs to the changing climate. The Philippines is considered as the 3rd most vulnerable country to climate change. You can see for yourself what is happening now in Metro Manila. If Philex does not adapt to the dramatic change in rainfall volume and just brush it aside as acts of god, then every one living down stream will suffer from repeated failures of Philex’s tailing pond. And the company will get away with it because of their claim that it is force majuere. If the government – through DENR – will listen to that line, then the Philippines is in deep trouble.

      • beerhunters

        I think the design should be not based on the average but on the positive standard deviation from the mean, that is, standard deviation above or upper limit from the mean 

      • http://profile.yahoo.com/THFWCPOYTHUNH4WPXIWOBVQZ3U Lone Ranger

        deleted

    • beerhunters

      Yeah, when structures fail due to earthquakes, ground movement or any natural cause, Force majeure should not be cited. So, require mining companies so that the  Design of tailings dam should be comparable to or better than the “Hoover Dam”! Make it the bench mark!

      • mon key

        Well your reply is so off the mark, It clearly shows how your brain works. Kawawa ka. Parang na lunod ka na ata sa beer.

      • beerhunters

        pathetic you, you tree dwelling ape! How can you understand the use of exaggeration to generate sarcasm, when your blog name confirms that your a monkey. To enlighten you of my blog name, it was an adaptation of the title of a movie “Deerhunter” starring Robert Di Niro. To protect myself from being accused of plagiarism, as in the case of Sotto, I substituted “B” for “D” and added an “S”.  There you go!  Very versatile and creative, isn’t it? As to your blog name, it connotes to the specie that is way behind the line of human evolutionary development, a simian, way behind the neanderthals, cro-magnons, and the present day homosapiens. And even behind the baboons,as the baboons forage for food on level ground!

      • mon key

        hahahahaha! na lunod ka nga talaga sa beer.

      • beerhunters

        there you go now,  reverting to your comfort zone, the vernacular and as to be expected will resort next to taglish a.k.a. pidgin english. pathetic, but what can be expected of a monkey that you are??

      • mon key

        hahahaha. i think you work in a call center. pagalitan ka nang pitboss mo. or maybe you are the pitboss. how pathetic you are. or maybe ofw ka. you are at the other side of this planet making earning so those at home can live. well, we monkeys don”t have to do that. we just pick fruit from tree to tree. and have what is in season. hahahahaha! u have been trolled kiddo!

      • beerhunters

        mon key
        As predicted you fell into taglish aka pidgin english.Go now, Just fondle yourself as what monkeys do for self gratification!



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