Philex faces another P92M fine

THE Department of Environment and Natural Resources (DENR) has ordered Philex Mining Corp. to pay an additional penalty of P92.8 million for polluting the Balog Creek and the Agno River.

In a disclosure at the Philippine Stock Exchange, Philex said, “The company will evaluate its position regarding the foregoing matter and inform the Exchange accordingly as may be fit.”

The DENR’s Pollution Adjudication Board (PAB), a unit of the Environmental Management Bureau (EMB), said Philex violated the Philippine Clean Water Act of 2004 and the terms of its environmental compliance certificate (ECC).

The P92.8 million penalties is on top of the P1.034 billion fine earlier imposed by the DENR for the waste spillage at Philex’s Padcal mine August 2012.

The PAB decision stipulates Philex will have to continue paying a penalty of P200,000 per day until it has cleaned up the two affected waterways. This means removing all the mine sediments in the Balog Creek and the Agno River and until the time they are completely rehabilitated.

The P92.8 million fine only covers the period from November 29, 2012 to Thursday, January 24.

The company was ordered to pay the initial fines within 15 days from the date it received the order from the EMB Central Office.

For the first violation P15,200,000 was imposed covering the period August 03, 2012 to October 17, 2012.

For the second violation, P30,400,000 covers the period from August 03, 2012 to October 17, 2012 for two counts of violation of the Water Quality Criteria.

For the third violation, P47,200,000 was imposed covering the period from August 03, 2012 to November 28, 2012 for two counts of violation under Section 27.a of R.A. 9275.

The amount of fines for this violation will continue to accrue until all the sediments in the two river bodies are removed and completely rehabilitated to be determined and certified by EMB and MGB.