For spilling its mine tailings not once but twice, Lafayette Philippines, Inc. was slapped with a Php 10.7 million in fines and penalties by the Department of Environment and Natural Resources.

The amount is the biggest penalty so far imposed by the DENR for violation of Republic Act No. 9275, otherwise known as the Clean Water Act.

In signing the order against Lafayette, docketed as DENR-PAB Case No. 15-00744-05, DENR Secretary Michael T. Defensor justified the imposition of the maximum fines at Php 200,000 per day of violation from October 11 to December 14, 2005, or a total of Php 10.4 million.

“The rationale of imposing the maximum amount of fines for this type of violation is solely for the purpose of deterring similar occurrences, which was well within the capability of respondent to prevent if only it had exercised prudence in the conduct of its business affairs.” Defensor explained.

Defensor stressed that while the government recognizes and promotes the mining industry, this should not be interpreted as a license to operate in a manner that will undermine the efforts of the DENR in protecting the environment.

“The preservation of the environment should not be bargained away for the sake of economics. It is after all in the interest of the people that sustainable development, such as responsible mining, is being promoted by this administration,” he said.

The water pollution raps against Lafayette, which operates a polymetallic mining project covering three barangays in Rapu-rapu, Albay, stemmed from two incidents of spillage of mine tailings that occurred on October 11 and 31, 2005, that resulted in fishkills.

Water quality sampling conducted immediately by the Mines and Geosciences Bureau-Region 5 at the mouth of Alma and Pagcolbon creeks where fishkills were reported revealed cyanide contamination beyond DENR standard.

In addition to Php 10.4 million, Defensor has also affirmed the imposition of Php 300,000 on Lafayette by the regional office for violating the terms and conditions of its environmental compliance certificate, including its wastewater discharge permit, which was immediately suspended.

Moreover, Lafayette was ordered to cease and desist from discharging its wastewater to the environment until it has fully rehabilitated all its wastewater treatment ponds.

“No temporary lifting order shall be considered until the company has fulfilled all the requirements,” Defensor stressed.

Other requirements imposed on the mining company include the following:

1. Environmental Management System or ISO 14001 certification;
2. Comprehensive Pollution Control Program;
3. Surety bond equivalent to 24% of the total cost of the pollution control program;
4. Detailed description of the interim remedial measure to mitigate pollution;
5. Proof of the employment of a Pollution Control Officer duly accredited by the DENR;
6. A notarized undertaking, signed by the respondent or its duly empowered managing head, to comply with the conditions set in the order.

January 9 , 2006