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An urgent joint investigation was
conducted on November 4 and 5, 2005 by the regional offices of
the Mines and Geosciences Bureau (MGB-V) and the Environmental
Management Bureau (EMB-V) in Bicol on the reported fishkill in
Barangay Binosawan in Rapu-Rapu, Albay.
The reported fishkill has been
reported to the MGB-V in the early morning of November 2
prompting the MGB-V to conduct an immediate coordination with
the Rapu-Rapu Processing Incorporated (RRPI) for confirmation
and submission of an immediate report regarding the incident.
In
response, the RRPI, through Ian Kennedy, the company’s General
Manager for Operations, submitted a report dated November 2,2005
saying that on October 31,2005 between 12:30am to 6:30am heavy
rainfall (approximately 125 mm) occurred at the project site.
And as a precautionary measure, the company decided to
temporarily suspend milling operations until the freeboard level
of the tailings dams return to acceptable level. The report
further committed to update MGB-V on the result of investigation
surrounding the alleged fishkill.
Results of the joint investigation
showed that: 1) Heavy rains last October 31 prompted the company
to construct drain canals at the Upper Tailings Storage Facility
and Lower Tailings Storage Facility to release excess water and
effluent which could have affected the integrity of the dam
structure; 2) The effluent from the tailings pond overflowed
into the settling ponds and polishing ponds eventually draining
into the Ungay and Hollowstone Creeks; 3) Laboratory analysis of
water samples taken showed that the levels of cyanide are
elevated which could have affected the marine life in the
immediate vicinity of the Ungay and Hollowstone Creeks; and 4)
The company failed to maintain the freeboard requirement for the
dam and did not foresee the volume of materials from the surface
runoff and tailings that resulted in the breaching of the dam.
Based on the results of the joint investigation, it can be
deduced that the Company was not able to contain the events that
led to the breaching of the dam level, which
resulted in the unauthorized release of effluent and
contaminated with cyanide the surrounding water bodies with
cyanide posing a threat to human and marine life.
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The MGB-V, upon concurrence by the Mine Rehabilitation Fund
Committee (MRFC) and through letter dated November 7,2005 signed
by Regional Director Reynulfo A. Juan and addressed to Mr. Ian
Kennedy of RRPI, has ordered the company to undertake the
following: 1) Submit a geotechnical evaluation on the integrity
of the tailings impoundment facility which will be subject for
review by competent authorities; likewise, an accountability
statement shall be attached; 2) Ensure that at any point in time
the cyanide level of water at the discharge point is within the
DENR standards. Regular monitoring report from the company
should be submitted with regards to the level of cyanide and
other trace metals duly analysed by DENR or accredited
laboratory; 3) Submit a detailed rehabilitation plan on the
affected drainage systems and coastal areas within 48 hours
subject for review and approval; 4) Ensure that the dam can
accommodate the volume of mill tailings and surface run-off to
satisfy the free board requirement at any time; 5) Correct the
deficiency in, and improve the efficiency of, the detoxification
circuit; and 6) Compensate the affected fishermen.
The letter finally ordered the
company that its milling operations will remain suspended until
the appropriate mitigation measures are implemented subject to
validation by competent authorities and a third party group.
In
addition, EMB-V has decided to temporarily suspend the Discharge
Permit issued to the company and is finalizing the order
imposing fines and penalties. It will also suspend the Chemical
Control Order Regulation for the use of cyanide. It has also
announced that the case will be indorsed to the Pollution
Adjudication Board.
Furthermore,
the Mining Rehabilitation Fund (MRF) Committee of the Rapu-Rapu
Polymetallic Project (RRPP) resolved to commission the UP Marine
Science Institute for the conduct of a marine study around Albay
gulf to determine the effect of the mining operations to the
marine environment, the cost of which shall be charged against
company funds.(LValdez)
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