Extension of temporary relief for Philex OKd

The Pollution Adjudication Board (PAB) has extended the temporarily lifting of its order stopping Philex Mining Corp. from producing tailings at the Padcal Mine in Benguet.

This will enable the company to continue repair work on the damaged tailings pond.

In a disclosure to the Philippine Stock Exchange, Philex president and chief executive officer Eulalio B. Austin Jr. said the quasi-judicial body issued on July 5 a notice extending the temporary relief. Philex got a copy of the notice on July 8.

The cease-and-desist order was issued on Nov. 28, 2012, when Philex was in the middle of a seven-month voluntary suspension of operations in the wake of an accident at Tailings Storage Facility No. 3 (TSF3).

Heavy rains dumped by typhoons created a sinkhole on Aug. 1, which released nontoxic water and tailings to the Balog Creek, which converges with the Agno River.

According to the PAB, extending the lifting of the CDO will allow Philex to implement its pollution control program by filling the void created by the sinkhole with fresh tailings as well as the reconstruction of the offset dike at TSF3.

The PAB added that the duration of the extension was subject to Philex’s compliance with the terms and conditions based on reports from the regional office of Department of Environment and Natural Resources.

Following the accident at TSF3 last year, the PAB had cited Philex for three violations of the Clean Water Act of 2004.

Philex has been slapped a fine of P15.2 million for allegedly failing to comply with the effluent standards set by Department Administrative Order (DAO) No. 35 from Aug. 3 to Oct. 17 of 2012.

For the same period, a second fine of P30.4 million was imposed allegedly for violating the water quality criteria under DAO 34.

Further, Philex is facing a fine of P136.4 million for violations of Section 27(a) of the Clean Water Act.