Experts Say Lafayette’s Compliance ‘All for Show’
DENR to decide on mining in Rapu-Rapu mid-June

A mining company presented its alleged compliance with the requirements to prove that they are committed to protecting the environment. Experts attending a recent forum, however, agreed that this was all just for show and that they have not actually done anything to correct the past mistakes in their mining operation.

BY AUBREY SC MAKILAN
Bulatlat

Seven experts that comprised the panel of reactors in a forum May 31 on the Rapu-Rapu Polymetallic project hosted by the Department of Environment and Natural Resources (DENR) criticized the presentation of the Lafayette Processing, Inc. (LPI) officials. They agreed that it was just “for show.”

“Sa dami ng gusto nilang gawin maaaring ma-impress ang marami pero this is all for show,” (With all the things they want to do, many could be impressed but this is all for show.) said Dr. Aloysius Baes, a commissioner of the Rapu-Rapu Fact Finding Commission (RRFFC), also known as the Bastes Commission, and former chairman of the board of the Center for Environmental Concerns (CEC)-Philippines. He referred to Lafayette officials’ presentation on the company’s compliance status to its commitments.

Senior scientist Dr. Carlito Barril of the University of the Philippines-Los Baños’ Institute of Chemistry said that “they (Lafayette) are trying to take care of everything...but there are still doubts (on my mind).”

Most of the experts in the panel of reactors also noticed the insufficiency of information on acid mine drainage (AMD). It is acidic runoff derived from the oxidation of sulfides─with iron sulfides, pyrite and pyrrhotite as the dominant sulfide minerals, based on Lafayette’s presentation─in tailings, waste rocks or mine workings. Pyrite occurs in the Rapu-Rapu ore body, it added.

Baes said that he has not heard of the initiation of AMD in the open pit, in the tailings and run-off of pyretic materials.

“Once AMD is initiated, it is difficult to control,” he said. “And they never mentioned if it started already.”

The role of microbiological aspect has not been addressed as well, said Barril, stressing that microbial and bacterial elements could accelerate reaction with AMD.

“I do not believe that Lafayette could not determine how much pyrite is present in the island that they resorted to exposing the area,” said Dr. Myrna Rodriguez, also of UP-Los Baños’ Institute of Chemistry. “AMD is continuing and that its effects if felt by its surrounding.”

Most awaited decision

The Rapu-Rapu Polymetallic Project is the flagship of the country's revived mining industry and one of the 24 priority large-scale mining projects included in the president’s 10-point program from 2004 to 2010.

The Bastes commission recommended the cancellation of the environmental compliance certificate (ECC) of Lafayette, a moratorium on mining in Rapu-Rapu, and a review of the Mining Act of 1995, which allows foreign companies to fully own and control mining projects in the country.

DENR secretary Angelo Reyes said that the decision on the recommendations of the commission report will be released mid-June. This will include, he said, itemized report on the problems, including the errors and lapses of the DENR.

Meanwhile, the forum, Reyes said, was intended to be a venue where he could hear all sides.

But Charlie Avila, RRFFC commissioner, complained that the forum did not even include the presentation of the commission report while Lafayette was the first to present their side and allowed to do it for about 45 minutes. He said that he has noticed the non-inclusion of the commission report presentation even in the invitations sent out for the activity.

To appease the angry commissioner, the moderator gave him a 15-minute presentation of their report. Avila, however, did not present it well as he was rushing in reading some points based on a PowerPoint presentation to comply with the 15-minute time limit.

But from the start, everyone had an idea of how the DENR’s crucial rule would go. At the start of the forum, Reyes said the activity will try to achieve a “win-win” scenario where “nobody loses.”

Below standards

Lafayette’s Carmelita Pacis presented their compliance status to the conditions set by the Mine Rehabilitation Fund Committee (MRFC). The MRFC set nine conditions due to the October 11 mine spill and another six conditions as a result of yet another Oct. 31 mine spill. Aside from these, there were also six conditions by the Pollution Adjudication Board (PAB).

Reacting to Lafayette’s presentation, Department of Science and Technology (DOST) Undersecretary Dr. Graciano Yumul said, “I did not understand it because it was not specified what are the plans and what have been implemented.”

Even the things the company supposed to have complied with turned out to be below the DENR standards.

What the company referred to as encapsulation of mine wastes was, for Baes, just “trapping it (wastes) in between clay materials.” The danger in this, he said, is that “it (AMD) will find its way out of your clay materials” if it has already started and like a shot gun, “it will blow its way out.”

Baes also criticized the wetland, which is supposed to provide water quality improvement. He said that the picture of the wetland Lafayette is constructing seemed to be small.

Even the dam, Sali said, “would not stand the 100-year flood index” of the country. “It could work in Canada but not in the tropical Philippines,” he said.

Dr. Carlo Primo David, associate professor at the National Institute of Geological Sciences (NIGS) in UP-Diliman, agreed, saying that the dam should be 145-160 meters in height to contain the rainfall event.

With Lafayette’s dam only 130 meters high, David said “Lafayette should not have been allowed to operate.”

Sali said that 30 percent of deaths are due to overflow in dams. But if the dam ruptures, “it could be another catastrophic event that would have more effect on the environment and the people,” he said.

Even the flood design “is very inadequate,” he also said. He called for an investigation of the free pond, catchment area, and other facilities.

Meanwhile, detoxification did not bring good news to the reactors.

Barril said that the use of limestone in the chemical treatment of AMD is not effective. “Limestone may be the cheapest of alkali materials but it is also the least effective” because of slow reaction, he said.

David also said that creeks maintained a ph higher than 10, but the DENR standards for ph in water range from 6.5 to 8.5 only.

Even the cyanide testing is done by a Manila-based group. Engineer Emilio Morales, a fellow of the Association of Structural Engineers of the Philippines, said that the cyanide’s presence is very critical and that they should have a monitoring team in the area.

Compliance not completed

Aside from substandard measures, the experts also said that they did not include some important matters like rain gauges and the geological map or background in their presentation.

According to Arthur Saldivar Sali, president of the consultancy firm Geotechnica Corp. and recipient of the 1996 National Engineering Excellence Award, rain gauges are important to calculate the flooding potential and that “the DENR should be asking them what their basis is” for such gauge.

On the other hand, Yumul said that geogenic values were not talked about when the DENR should be asking for this information.

Aside from this, Yumul advised the company to “take care of the southwest monsoon,” the dominant wind pattern from June to February, where almost all typhoons are coming from the Philippine Sea. Before a typhoon and during its progress, there are indications that the southwest monsoon current was persistently strong and that this was the strongest of all the air currents moving toward the disturbance center.

Dr. Rolando Cuaño, president of the BMP Environment & Community Care, Inc. working for Lafayette said that insufficient information was due to limited presentation.

Regardless of the reason, David said that “they have not successfully completed all the parameters.” David also believed that the DENR has its shortcomings when Lafayette was allowed to operate when all the requirements are yet to be accomplished.

“How come it operated when all these were not met?” asked Barril.

Yumul, on the other hand, said that the DENR has the technical capacity to monitor mining operations and that it respects the socio-political aspect it requires.

ECC cancellation

Because of the two mine spill incidents, the DENR PAB released a cease and desist order (CDO) from causing discharge of water wastes of the company.

Among the conditions for the lifting of the CDO were the implementation of the environmental management system (EMS) and a comprehensive pollution control program. Pacis said that these are being met by the company.

Baes said that the Lafayette president has previous statements that they could comply with what the law requires but with no commitment. With this, “the company failed already at hindi pwedeng i-lift ang CDO,” (the CDO cannot be lifted) he said.

“Any company could claim they have it (EMS)” but the third party or multipartite monitoring team “is very difficult to get,” he said.

According to Barril, the multipartite monitoring team is important and a basic requirement of the ECC. It gives “protection and assurance that somebody is watching the company” and reflected in a monthly or quarterly report to the DENR.

Yumul agreed, saying that the ECC is a contract between the company and the government and the presence of the monitoring team will ensure that the contract is being followed.

For David, monitoring is “the only way to catch impending events, even before it happens.”

No affected fisherfolk?

One condition by the MRFC was the compensation of affected fisherfolk. But Pacis said they obtained a barangay (village) certification saying “no individual fisherfolk complained…that they are claiming for compensation on the illegal fish kill.”

The audience booed her.

“There’s nothing new with their statement. They are so arrogant!” said Fr. Felino Bugauisan, assistant parish priest of the Sta. Florentina Parish in Rapu-Rapu and consultant of Sagip-Isla, a multi-sectoral organization committed to oppose the operations of the mining company Lafayette Philippines, Inc. and other mining activities on the island.

In a separate interview with Bugauisan, he denied that no fisherman has been affected by the mine spills that allegedly caused the fish kills.

Actually, “there is no need to complain because we do not need their money,” he said. “The level is so superficial that you complain and they pay you. It’s about life.”

“We need their termination,” the priest said. Bulatlat

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