Handed down on June 26 last year, the older of Environment Secretary Elisea Gozun ordered both DCSMI and Benguet Corp. to pursue the short-term emergency measures to prevent the overtopping of the Bayarong tailings dam to rehabilitate the damaged spillway to ensure its safety and stability and to pay the appropriate penalty for the unauthorized discharge of mine wastes and tailings.
In another order dated Dec. 10, 2003, Gozun said DCSMI has the primary responsibility for the implementation of emergency measures, rehabilitation of the collapsed spillway, and payment of mine wastes, tailings fees and penalties.
Up to now, however, the two orders remain unimplemented raising fears among residents and local government officials.
Concerned residents of the two towns urged the Department of Environment and Natural Resources (DENR) to compel the mining firms to institute the necessary remedial measures before the start of the rainy season or "it may be too late."
One reason for the delay is that Benguet Corp. did not acknowledge responsibility for the collapse of the dam spillway since it was no longer the operator of DCSMI since 1997.
Another reason, according to concerned DSCMI employees is that the secretary’s order would push DCSMI into bankruptcy.