Environment Secretary Angelo T. Reyes, through the Pollution Adjudication Board (PAB) of the Department of Environment and Natural Resources (DENR), has directed Marcopper to cease and desist from transferring any of its equipment and properties beyond the plant premises and disposing of the same pending the resolution of a case filed against the mining company for violation of PD 984 or the Pollution Control Law.

Reyes likewise issued an Order to National Anti-Environment Crime Task Force (NAECTAF) Deputy Head Undersecretary Roy Kyamko to ensure and prevent the movement of all Marcopper properties and equipment used in its mining operations, including those disposed of or transferred to other entities pending inventory.

The PAB order was served last Tuesday by Usec. Kyamko, accompanied by PENRO Danilo Querijero, DENR lawyer Emilio Vidad, and some police component of NAECTAF. A copy of the order was likewise furnished the municipal government.

Kyamko disclosed that while at the premises of Marcopper, he found out that the company attempted to ship out six truckloads of scrap iron, with one truck containing at least 10 tons of the metal.

Following the discovery of the attempt, the municipal government of Sta. Cruz assured the DENR that it will not issue any permit to transport mining materials and it will help prevent any movement of Marcopper properties outside of Marinduque, in coordination with the local police, Coast Guard and the military in the area.

At the same time, Secretary Reyes also directed the department’s Region 4 office to conduct a technical conference with Marcopper within seven days on the imposable amount of fines covering the period of violation from March 24, 1996 to August 31, 1997.

Section 9 (a) of P.D. 984 provides that “any person found violating or failing to comply with any order decision of regulation of the Commission (now the PAB) for the control or abatement of pollution shall pay a fine not exceeding five thousand pesos per day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after due notice and hearing.”

DENR records show that the PAB issued a Cease and Desist Order against Marcopper for discharging mine tailings into the Boac River causing contamination of the river with high concentrations of heavy metals like cadmium, dissolved copper and lead.

The mine spills also affected the Makulapnit and Mogpog rivers, depriving hundreds of fishermen their livelihood and affecting the health of local residents. (DENR Public Affairs Office)

May 26, 2006