MANILA, Philippines - The Pollution Adjudication Board (PAB) has passed a resolution that effectively allows Philex Mining Corp. to temporarily resume operations of its copper-gold mine in Benguet.
DENR Undersecretary Demetrio Ignacio, also the presiding officer of PAB, said the lifting of the cease and desist order (CDO) on the use of the Padcal mine’s compromised tailings pond no. 3 (TP3) has been approved by the board.
“The resolution has been signed; we are only waiting for the official release of the document by the DENR,†said Ignacio.
PAB is a quasi-judicial body ruling on pollution cases. It’s administrative aspect, however, still resides within the DENR.
The resolution has been forwarded to the Office of the Environment Secretary for confirmation.
This will allow Philex to push through with the beaching process needed to rehabilitate TP3 and prevent its possible collapse.
Because the tailings pond was designed to hold solids, 3.5 million tons of fresh tailings should be dumped into the ponds to push away the water from the pond’s embankment into an open spillway. This would create what is called a beach.
Philex asked for permission to conduct the beaching months before the onset of the rainy season to prevent a possible collapse of the tailings storage facility and an overflow of more silt into the Agno River.
In allowing Philex to temporarily resume operations, the MGB considered the risk of having 140 million metric tons of tailings spill into the Agno River should the tailings storage facility collapse.
Ignacio said the lifting of the CDO shall be effective for the same period of not more than four months granted by the MGB for the temporary resumption of operations.
Philex still faces a penalty of P92.8 million in violation of the Clean Water Act for the tailings that polluted the waterways in the environs of the Padcal mine.
Ignacio said PAB has not demanded that Philex settle the fine before it can temporarily resume operations.
“The appeals process for the (Clean Water Act) fine is ongoing,†he said.