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Environmental Investigation Mission on the Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure TECHNICAL REPORT AGHAM Advocates of Science and Technology for the People Center for Environmental Concerns (CEC) Kalikasan People's Network for the Environment (Kalikasan-PNE) in cooperation with Cordillera Peoples Alliance | Amianan Salakniban KATRIBU Indigenous Peoples Partylist | RDC Kaduami | Bantay Amianan 2013

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Page 1: Environmental Investigation Mission on the Impacts ... - AGHAMagham.org/sites/default/files/agham-downloadables/philex_full_report_2013.pdf · Environmental Investigation Mission

Environmental Investigation Mission

on the Impacts of the Philex Mining Corporation

(PMC) Mine Tailings Pond 3 Failure

TECHNICAL REPORT

AGHAM – Advocates of Science and Technology for the People

Center for Environmental Concerns (CEC)

Kalikasan People's Network for the Environment (Kalikasan-PNE)

in cooperation with

Cordillera Peoples Alliance | Amianan Salakniban KATRIBU Indigenous Peoples Partylist | RDC Kaduami | Bantay Amianan

2013

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KALIKASAN-People's Network for the Environment is a network of people's organizations (POs), nongovernmental organizations (NGOs) and environmental advocates. It aims to address environmental issues but in such a way that primacy is given to the people—especially in the grassroots level—who constitute the overwhelming majority of the population. Web: http://www.kalikasan.net/

The Center for Environmental Concerns–Philippines (CEC-Phils) is a non-government organization that envisions a strong environmental movement that asserts and gains reforms in the Philippine environmental situation, and advances pro-people, patriotic, progressive, and scientific environmental policies. Email: [email protected] Web: http://www.cecphils.org/contact

AGHAM Advocates of Science and Technology for the People is an organization of patriotic, pro-people science and technology advocates, bonded together by a common interest of promoting science and technology that genuinely serve the interest of the Filipino people, especially the poor. Telephone: +632 998 4226 E-mail: [email protected] www.agham.org

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EXECUTIVE SUMMARY The PMC TP3 breach that occurred in August of 2012 caused environmental destruction that continuously threatens the lives and livelihood of the immediate communities surrounding the mining operations as well as the communities that are dependent on the watershed ecosystems affected by the pollutants coming from mining. The following are the summary of the findings of the EIM conducted last October 26-28, 20012 with the objective of determining the immediate impacts of the mine tailings spills to the environment and the communities:

Mine Tailings Destruction The immediate manifestations of the environmental damage caused by TP3 breach were the smothering of marine life thriving in Balog River and the junction of Balog and Agno River brought about by mine tailings spill. It rendered the Balog River and the confluence of Balog and Agno River practically biologically dead.

Heavy Metal Contamination The mine tailings was also proven to contain heavy metals that includes copper, zinc arsenic and cobalt that were found in impacts sites, the Balog River and the junction of Balog and Agno River. Copper is the most prevalent heavy metal that registered high concentration in the junction of Balog and Agno River, the highest value is 4.5 times the threshold limit. Prevalence of Various Illnesses in the Community and other Environmental Impacts In San Felipe West, the community experienced headache, chest pains and skin rashes. Some gold panners in San Nicolas, Pangsinan who drank water from the wells dug up beside Agno river lasthad loose bowel movement and itchy sore throats during the TP3 incident. The communities from Sitio Pangbasan, an impact area of the mine tailings spill, observed the rise in river level comparable to flood levels during Typhoons Ondoy and Pepeng in the morning of August 2, a day after the first tailings spill from TP3.

Adverse effects on livelihood Irrigation water from the river carried a whitish substance into the ricefields. Fisherfolks also observed decreased catch of carp fish right after the TP3 breach. Mine tailings spill rendered productive land contaminated with pollutants coming from the PMC's mining operation based on the account of the community from Itogon, Benguet and San Nicolas and San Manual, Pangasinan.

Violation of workers’ rights Informants claimed that all workers, including the ill, elderly and physically incapable, were forced to report to TP3 facility and Balog River. Miners were also exposed to all kinds of hazards such as lack of ventilation and personal protective equipment, resulting in the death of two employees and several accidents. These cases often go undocumented and denied by the PMC management. Based on the EIM findings, the following demands are being put forward to mitigate the threat of another environmental catastrophe to happen in the future;

1. The decommissioning of TP3 is a justified and legitimate call because of the historical failure of the said facility's structural integrity. The attempts of the company to extend the life span of TP3, only exposes the people and environment to serious threats of another round of disasters.

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2. Comprehensive and transparent assessment of impact sites must be conducted to trace the toxicity pathways of the mine tailings, laden with heavy metals and other associated pollutants. The proposed assessment is not only due to the August 2012 incident, but understanding the fact that the Philex Mines has brought on compounded impacts due to previous incidents of tailings pond breach that happened in 1981 (TP1), 1992 (TP2), 2004 and 2007 (TP3).

3. There must be diligent efforts to rehabilitate affected river and terrestrial ecosystems which

should involve containment of pollutants, restoration of damaged parts of the watershed and monitoring of the extent of contamination in flora and faunal species. The rehabilitation must be undertaken with the goal of reviving the productivity of the fishes and crops in parts of Benguet and Pangasinan.

4. The compensation of affected communities and mine workers must be in accordance with

the damage caused by the TP3 breach that affected their sources of livelihood as well as the health impacts that have resulted to lingering and chronic illnesses of the community.

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TABLE OF CONTENTS Cover Page ....................................................................................................................... i

Organizations Involved .................................................................................................... ii

Executive Summary ........................................................................................................ iii

Table of Contents ............................................................................................................ v

Introduction ................................................................................................................... 1

Operation of Philex Mining Company ......................................................................... 1

Background on PMC's TP3 Breach ............................................................................ 1

Methodology .................................................................................................................. 3

Results and Discussion ................................................................................................ 7

Observations at the surveyed sites ............................................................................. 7

Biological indicators .................................................................................................... 8

Heavy Metal Analysis ................................................................................................. 9

Socio-economic Impacts of TP3 Failure ................................................................... 11

Conclusions ................................................................................................................. 17

Recommendations ...................................................................................................... 18

References ................................................................................................................... 19

Appendices .................................................................................................................. 20

Heavy Metal Analysis Laboratory Results................................................................. 20

Additional photos taken at the Balog and Agno Rivers ............................................. 21

Historical accounts from previous tailings spill incidents ........................................... 22

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1 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

INTRODUCTION Following the breach of the Tailings Pond 3 (TP3) of Philex Mining Corporation (PMC) on August

2012, an environmental investigation mission (EIM) was conducted to determine the impacts of

the series of tailing leaks on the river ecosystems of the provinces of Benguet and Pangasinan.

The EIM involved biophysical assessment, sediment sampling and interviews with communities

in impact areas. It was conducted from October 26 to 28, 2012 by teams which consisted of

around 50 volunteers composed of mining, chemical, mechanical and geodetic engineers,

chemists, health and environmental science experts and researchers.

The EIM aimed to assess the immediate impacts of the TP3 breach to the river ecosystems as

well as to the immediate communities. Specifically, it aimed to:

a) To conduct biological and physico-chemical analyses of the identified impact areas

through ocular survey and heavy metal analysis

b) To document effects and impact of PMC tailings pond breach to the communities in San

Manuel and San Nicolas, Pangasinan and Sitio Pangbasan, Barangay Dalupirip, Itogon,

Benguet

c) The EIM was organized by Cordillera Peoples Alliance, Amianan Salakniban, KATRIBU

Indigenous Peoples Partylist, RDC Kaduami, Kalikasan People's Network for the

Environment (Kalikasan-PNE), Center for Environmental Concerns-Philippines (CEC-

Phils), Bantay Amianan, and AGHAM – Advocates of Science and Technology for the

People.

Operation of Philex Mining Company Philex Mining Corporation is the biggest mining firm in the country that was established in 1955.

Its mining operation commenced in 1958. It has four mining projects, the Padcal Mining in

Benguet, the Silangan Mining in Surigao del Norte, the Bulawan Mining in Negros Oriental and

the Sibutad Mining in Zamboanga del Norte that operate under Mineral Production Sharing

Agreement under the following contracts,

1. Mineral Production Sharing Agreement (MPSA)-156-2000-CAR

2. Mineral Production Sharing Agreement (MPSA)-157-2000-CAR

3. Application for Production Sharing Agreement (APSA) 68

4. Application for Production Sharing Agreement (APSA) 2

Of the four (4) mining projects, the Padcal Mine pioneered the underground block cave that

operates in the Far East to produce copper concentrates with copper, gold and silver. The copper

concentrates are being shipped to Japan for smelting while a part of their produce is being shipped

to L.D. Metals Ltd., a British Company.

Block caving is a type of mining technology that creates caves and extracts large volume of rock

that would result to the formation of surface depression. Originally, Philex is using open pit mining

from 1958 to 1963 until its technology was modified into block caving-slusher.

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2 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

The Padcal project that covers mining and milling facilities are located in Padcal, Camp 3,

Tuba, Benguet Province and the tailing ponds in Itogon, Benguet. The mining tenement of Philex

in Padcal is about 14,256 hectares (ha) with 7,776 ha approved for Mineral Production Sharing

Agreement.

According to the company’s production update, the Padcal operation has been extended to 2020

from its original closing plan of 2012, it was moved to 2014, then 2017. The extension of mine life

of Padcal will sourced the grade ore at 798 meter level (ML) grade ore, a new mining level

program using block caving that started in 2012 in addition to the current grade ore sources from

the drilling drifts at 867 ML from 840 ML in 2012.

There are three (3) tailings impoundment of Padcal project. Tailings Pond (TP) one (1) and two

(2) have been decommissioned while TP 3 is operating prior to the TP3 breach last August of

2012. TP3 was constructed in 1983 and commissioned in 1992. According to the Land Use Permit

(2007) as cited by Boquiren (2009), the impoundment is about 350 ha. The south end of the main

dike consists of two main stocks A & B that serve as channel structure’s water flow. The penstocks

have diversion tunnel connected to downward east of the river system of Balog.

Background on PMC's TP3 Breach In August 2012, there was a breach in the lower portion of its Penstock A which resulted in the

discharge of voluminous amount of tailings from the tailings pond into Balog River down to Agno

River and San Roque Dam. At least five (5) major incidents of discharge were reported from

August 1 to September 13 (August 1, 4, 11 and 30, and September 13).

TP3 was constructed starting 1983 and was commissioned in 1992 after the collapse of TP2. The

company said that TP3 lifespan ranges from 18-20 years. Given the estimated lifespan and

capacity of the dam, TP3 should have been decommissioned at the earliest in 2010 but it

continued to operate in 2012 until the TP3 happened in August of 2012.

PMC started operations in 1958 but it was only in 1967 that its Tailings Pond 1 (TP1) became

operational. The Department of Environment and Natural Resources (DENR) records say that

TP1’s useful life was only 10 years but Philex decommissioned TP1 only in 1981, stretching use

of the dam to 14 years. Tailings Pond 2 was immediately commissioned in the same year after

the collapse of TP1. In January 1992, the dam walls of Philex TP2 collapsed because of

foundation failure, resulting to the release of 80 million metric tons (MMT) of mine tailings.

The first TP3 spill on August 1, 2012 left a huge crater with an estimated radius of 30 kilometers.

According to reports, the leakage released around 9.9 million metric tones (MMT) of sediments

which is equivalent to a volume of 12 operational months. The spill covered 2.5 km long and 15

feet wide of Itogon's Balog River with a thickness of 2-8 feet.

The Environmental Management Bureau (EMB) of the Cordillera Autonomous Region (EMB-

CAR) estimated the volume of tailings discharged from August 1-14 at 6 MMT, while the Mines

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3 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

and Geosciences Bureau (MGB) pegged the discharge at 5 MMT. Based on the Summary and

Recommendation on Mill Tailings Fee and Liabilities of Philex (MGB Report dated ept 17, 2012),

the total weight of solids discharged is 20,689,179.42 dry MT.

AGHAM compared the TP3's release of mine tailings at 20 MMT to that of the Marcopper spill in

Boac River in Marinduque in 1993. The PMC's mine tailings spill is 12.5 times greater than the

1.6 MMT of mine tailings spill that happened in Marinduque.

PMC employed foreign consultants to help solve the TP3 breach. In a desperate attempt to plug

the hole and stop the continuous tailings spill, PMC employed a trial and error method of dumping

big machinery and equipment, two long haul dump equipment, a functional bulldozer and several

large industrial container boxes in the hopes of filling the hole. However, the pieces of equipment

disposed just went through the tunnel and ended up in the Balog River. Later, Philex started

dumping gigantic concrete spheres that is 9 meters in diameter. A separate spillway was built to

divert the water from TP3. Philex also mobilized its mineworkers and residents to clean up Balog

River.

The results of the laboratory analysis commissioned by EMB-CAR on water samples gathered on

August 3 from the TP3 revealed that the Total Suspended Solids (TSS) value from water samples

from Penstock A is 89,710 mg/L and 4,704 mg/L from Penstock B. According to Professor Alex

Luis, Chief of the EMB-CAR Pollution Control Division, "the figures are way beyond the 50 mg/L

per day maximum TSS level allowed for Philex's operations." This has prompted EMB-CAR to

issue a Notice of Violation to Philex Mining Corporation for violating R.A. 9275 or the Philippine

Clean Water Act of 2004 and its Implementing Rules and Regulations.

METHODOLOGY 1. Sampling Sites

TP3 is located 30 kilometers downstream of the Agno River. Discharge from TP3 flowed

directly to the Balog River which converges with the Agno River. Four observation sites

were identified for biophysical characterization and sampling based on their location in

reference to the source of pollution. These sites are the (1) upstream of the Agno River,

(2) the Balog River, (3) the confluence of Balog River and Agno River and (4) downstream

of Agno River below the San Roque Dam.

2. Biological and physico-chemical analyses

Biological and physico-chemical analyses and sediment sampling for heavy metal analysis

were performed in the four (4) identified surveyed sites. Bio-physical assessment includes

the gathering of the followinng observation points: the type of land use present in the

surveyed area, description of river bottom materials, color and odor of river water, clarity

of water river and stream velocity. The time of the observation and the weather conditions

were also recorded during the survey.

Two biological indicators were used to determine the impacts of mine tailings, the

Biodiversity and Sensitivity Indicators. Biodiversity is defined as the number of different

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4 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

types of organisms found in a biological community. It is measured through Sequential

Comparison Index as indicated by the presence of macroinvertebrates.

Sensitivity is the response of the organisms in a polluted environment. It is determined

through the Pollutant Tolerant Index (PTI) that measures the sensitivity of

macroinvertebrates to pollution by comparing the number of pollution-tolerant

macroinvertebrates and the number of intolerant macroinvertebrates. (Foundation, 1994)

For heavy metal analysis, composite sediment samples were collected from the riverbanks

and the riverbeds. Cadmium, lead, zinc, copper and cobalt were analyzed using Acid

Digestion/Inductively Coupled Plasma Spectrometry while the analysis used for arsenic

was Digestion/Hydride Vapor Generation Atomic Absorption Spectrophotometry.

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5 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Figure 1 Map of the reference and impact areas showing the identified surveyed sites.

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6 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Table 1 Location and description of surveyed sites.

Sampling Site Locality Coordinates Time of conduct Weather

condition Site description

Upstream (Reference

Site) of Sitio

Pangbasan

Brgy. Dalupirip, Itogon,

Benguet

16°14'9.79"N

120°42'5.90"E 3:00-3:15 PM Hot

Surrounded with trees with some

vegetable plots at downstream

areas; the falls is utilized for small

scale hydropower source of

energy by the community

Balog River Brgy.Dalupirip, Itogon,

Benguet

16°14'2.35"N

120°41'50.02"E 2:00-2:20 PM Hot

Riverbank covered with thick silt;

big boulders on riverbanks

entirely covered with gray silt; on

the upper portion of the river is

surrounded by trees and grasses

Confluence of Balog

River Agno River

Brgy.Dalupirip, Itogon,

Benguet

16°13'58.69"N

120°41'51.41"E 2:30-2:45 PM Hot

Thick deposition of silt in the

Balog-Agno confluence

Downstream of Agno

River

Brgy. San Felipe West,

San Nicolas,

Pangasinan

16° 8'36.09"N

120°41'29.72"E 3:00-3:15 PM Sunny

Surrounded with trees and

grasses

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7 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

RESULTS AND DISCUSSION 1. Observations at the surveyed sites

Table 1 describes the identified surveyed sites for assessment. Figure 1 is the map of the

reference and impacts areas with identified surveyed sites.

1.1 Pangbasan Falls (Reference Area)

Pangbasan Falls serves as reference site for the upstream river system. Water at

Pangbasan Falls is clear and odorless. Bottom materials of Pangbasan falls are mixtures

of sand, pebbles and leaves. The sediment color is grayish (Figure 2). It has been utilized

by the community as a small scale hydroelectric energy source indicating its good water

quality. Determination of stream velocity was not conducted because the surveyed area

was too shallow.

1.2 Balog Creek (Impact Area)

Balog River is severely turbid and has distinct dark grayish color of water (Figure 3).

Bottom material of the river is covered with silt. Sediment samples smelled like stale fish

and had a noticeable oily surface (Figure 3, inset).

The barrenness and the bleached color of the riverbanks of the Balog River is

remarkable. The bed and the bank of the river are heavily silted with materials from the

collapsed tailings pond. No macroinvertebrate was observed in the surveyed area. This

can be attributed to the heavily silted characteristic of the river caused by the thick

deposition of silt that smothered living organisms once thriving in the river. Silt clogs the

gills of fishes and the abrasion caused by silt and tailings on the gills decreases their

resistance to diseases (Department of Fisheries and Oceans) In addition, fishes also

suffer from cardiac and respiratory disruption (Bunt et al. 2004). Average value of stream

velocity was 0.42 meters/second.

Figure 2 Pangbasan Falls, reference or non-

impact site located in Brgy. Dalupirip, Itogon, Benguet.

Figure 3 The Balog river, wherein the contents of TP3

spilled. Note oily surface of sediments (inset).

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8 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

1.3 Junction of Balog and Agno River (Impact Area)

Observations at the confluence of the Balog and Agno Rivers are similar to the

observations noted in Balog River.The water is severely turbid with distinct grayish color.

Sediment samples are mostly silt in composition with oily surface, and possess the same

stale fish stench. The absence of macroinvertebrates is also prominent. The high siltation

at the junction may have caused the death of the fishes and other organisms.

The average stream velocity for the confluence is and much lower than the Balog River

with a value 0.12 meter/second.

1.4 Downstream Area of Agno River: Brgy. San Felipe West and San Nicolas,

Pangasinan (Impact Area)

The downstream of Agno River is characterized by blue green water with no distinct smell

(Figure 4). Bottom materials are composed of silt and rocks with grayish color sediments.

The surveyed site also showed presence of life forms as observed by the existing

organisms such as frogs, dragonfly and macrophytes.

2. Biological Indicators

2.1 Biodiversity Parameter

The biological indicators for the assessment of the effects of the pollutants provide crucial

information on their effects on immediate environment and its biological processes. In

this case, the pollutant or the stressor is the mine tailings spill that contains heavy metals

separated from the flotation process of copper and gold.

The biological parameters used for the assessment of the mine-tailings affected areas

are Biodiversity through Sequential Comparison Index (SCI). and Sensitivity through

Pollutant Tolerant Index.

Figure 4 Downstream portion of Agno River.

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9 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

There is no macroinvertebrate present in the surveyed area during the time of the ocular

survey. The upstream (baseline) portion of Agno River in Sitio Pangbasan, Brgy Dalupirip

of Itogon is being utilized by the community for energy resource and household use

indicating good quality of water.

The SCI for the Balog River is zero (0) indicating poor water quality. This can be explain

by the heavily silted characteristic of the river caused by the thick deposition of silt on the

riverbed with significant portion of the river already covered with gray silt.

For the confluence of Balog and Agno River, the SCI is also zero (0). Similar to the

observations from the Balog River, the water is also turbid and brownish in color and with

observable stale fish odor.

The SCI for the downstream of the Agno River is one (1) indicating good water quality.

Other organisms such as aquatic plants, frogs, algae, dragonfly and golden apple snail

are also observed in the sampling site suggesting that the pollutant/stressor has not yet

reached the lower portion of the Agno River. The river is also clear with blue green water.

2.2 Sensitivity Parameter

The sensitivity parameter is measured by means of the Pollutant Tolerant Index (PTI)

that compares the presence or absence of pollution-tolerant macroinvertebrates and the

number of intolerant macroinvertebrates. Based on the water quality rating for PTI, both

the Balog River and the Balog-Agno junction show poor water quality attributed to the

heavy silt that covered a large stretch of both the river systems. As confirmed by the

biodiversity assessment, there is no life forms found in both sampling sites.

The PTI for the downstream portion of San Nicholas indicates the presence of moderately

intolerant (dragonfly) to tolerant (snail) species. The upstream part of the Agno River

also shows good water quality based on the biological observation of the creek and its

current use to the community.

3. Heavy Metal Analysis

Sediment samples gathered from observation site was analyzed by the Philippine Institute of

Pure and Applied Chemistry of Ateneo de Manila University. Figure 5 shows the mean

concentration of heavy metals at various sampling points. Tabulated laboratory results of

sediment samples for heavy metal presence are shown in Appendix 1.

Lowest concentrations of heavy metals are consistently found in the downstream site.

Copper, zinc, arsenic and cobalt show high concentrations in Balog River and Balog River-

Agno River junction relative to the downstream sites. Zinc, arsenic and cobalt are highest in

Balog River while copper is highest at the junction.

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10 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Highest values of 3 out of 4 heavy metals at Balog River strongly confirm contamination of

the creek by the mine tailings spill. Additionally, the elevated levels of at least 2 out of 4

heavy metals at the junction relative to the upstream site indicate likely contamination of the

Agno River by mine tailings from Balog River.

The concentration of copper at the junction is 4.5 times greater than the maximum tolerable

content in soil (Kloke, 1981). Sampled sediments from junction and Balog are almost

exclusively recent deposits of tailings associated with the spill. Increase in copper

concentration at the junction relative to upstream may be solely attributed to the inputs from

Balog River since mine tailings ar e significantly enriched in copper.

The low concentration of copper in Balog River may be explained by heterogeneity in the

original tailings composition. Copper-enriched tailings may have reached the junction

whereas copper-poor tailings may have been deposited at the Balog sampling site.

Contaminants from the spill have deposited at the junction since it is already in the lowland

at elevation 59 m above sea level (masl).

Figure 5 Concentration of selected heavy metals (Zinc, top left; Copper, top right; Arsenic, bottom left; Cobalt, bottom right) in four sampling points. Bars indicate standard deviation. Not included in graph are arsenic and cobalt concentration in site Downstream. The concentration of these metals are less than 0.2 mg/Kg and less than 3 mg/Kg, respectively in the said site.

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11 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

According to Dr. Regis, by focusing on the high c opper levels, it can be surmised that copper

level is moving downstream towards the lowland and is accumulating there.

Copper is very toxic to plants and aquatic organisms. Copper is highly toxic to fungi and

algae and can be damaging to soil microorganisms (EPA). Copper is known to be

teratogenic, mutagenic and kill fishes based on various international studies (US-EPA

http://www.epa.gov/R5Super/ecology/toxprofiles.htm; US-EPA http://www. epa.gov/

safewater/ contaminants/dw_ contaminants/copper.htm; Sindayigaya et al. 1994;Lugowska

and Witeska 2004). Symptoms of copper toxicity in humans are injury to red blood cells,

lungs, liver, kidney and pancreatic functions. Drinking water with high copper concentrations

can cause vomiting, diarrhea, stomach cramps and nausea.

Tailings deposit in the Balog River is slightly enriched in arsenic relative to upstream

sediments. It is important to note that arsenic volatilizes in hot weather, such that portions of

the arsenic in the tailings may have volatilized and have reduced total arsenic in the tailings

deposits. Arsenic is highly toxic and carcinogenic. Arsenic exposure is linked with

cardiovascular and neurological diseases, liver enlargement and cirrhosis. It causes skin

lesion, hyperpigmentation, depigmentation and jaundice.

Downstream sites have consistently lowest concentration of heavy metals due to effects of

dilution and dispersion of sediments. There was a decrease of all heavy metal concentrations

from upstream to downstream sites; however, this is not conclusive as to whether or not the

tailings have increased the heavy metal concentrations at the downstream site. Arsenic and

cobalt are below detection levels at downstream site.

The decrease in zinc and cobalt values from upstream sources to the junction is not

conclusive as to whether or not the tailings have increased the heavy metal concentrations

at the junction.

Cadmium and lead are below detection levels at all sites (not shown in the graph), hence,

they cannot be used as indicators of relative impacts.

Tailings materials contain heavy metals and flotation reagents that are toxic to plants and

animals. Ingestion of heavy metals by aquatic organisms may increase the toxicity of the

metals due to biomagnification along the food chain.

Fast stream velocity of the Balog River, (0.422 m/sec) would contribute to the fast flushing of

the sediments laden with heavy metal and its distribution to the river tributaries that would

end up in standing water. In this case, the heavy metal would be carried-down to the Agno

River that is the important main source of water supply in Northern Luzon.

4. Socio-Economic Impacts of TP3 Failure

Key informant interviews and ocus group discussions among residents are conducted in San

Nicolas and San Manuel, Pangasinan, and in Sitio Pangbasan Brgy. Dalupirip, Itogon,

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12 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Benguet, and among Philex mineworkers. Hazards to biodiversity, health and well-being,

damages to livelihood and violation of workers a, health and even fatalities among the mine

workers were documented from the interviews.

San Nicolas and San Manuel municipalities in Pangasinan are located along the Agno River,

whose headwaters are at the slopes of Mount Data in the Cordillera region, which is the

watershed cradle of Northern Luzon. The Agno River flows southward through eastern

Benguet, then drains into Pangasinan. The river flows in westerly course, swings back north,

and then drains into Lingayen Gulf. San Nicolas and San Manuel are also among the

Pangasinan municipalities connected to the San Roque Multipurpose Dam.

Sitio Pangbasan is a sitio of Barangay Dalupirip in the municipality of Itogon, Benguet

inhabited by about 45 Ibaloi families in 34 households. It is located near the junction of the

Balog Creek and Agno River.

4.1 Flooding and foul river water

Immediately after the TP3 leaks, receiving bodies of water- Balog and Agno Rivers have

been polluted by high quantity of mine tailings which the clarity, smell and quality of the

river water. The surge of the materials from TP3 caused flooding in the Balog River and

some some parts of the Agno River.

Sitio Pangbasan is among the most impacted communities from the tailings spill of PMC's

TP3 since it is nearest to the Balog River. Residents interviewed by the EIM team in

Pangbasan recounted that during the height of Typhoon Gener, they heard a loud

"explosion" at around 8 PM on August 1, 2012. For fear that the TP3 has collapsed and

the water level will rise, some of the residents whose houses are located closest to the

river immediately evacuated to relatives' houses in higher elevation. Early in the morning

of August 2, the residents went to check the river and noticed that the water has reached

a high level which they likened with the flooding they experienced during typhoons Ondoy

and Pepeng in 2009.

According to Pangbasan residents, the Agno and Balog Rivers turned dark brown to black

in color. The water is covered of thick mud that clung to plants, and emitted a strong odor

which they likened to foul fish or medicine or chemicals. The strong odor coming from the

rivers on several occasions in August led them to believe that several spills occurred

aside from the August 1 incident.

In the first week of August 2012, residents of San Felipe West, San Nicolas noted the

Agno River turned dirty, murk, and oily and somewhat whitish in color, parts of riverbanks

also exhibited whitish deposits. The water gave off a smell which they likened to rotten

fish and to the smell of medicine.

4.2 Danger to health and well-being

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13 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

In Sitio Pangbasan, the strong odor caused residents headache and chest pains. Some

of them experienced skin rashes after contact with the water from the river.

Goldpanners in San Nicolas drink water from wells (bubon) dug up right beside the river.

The sand and stones ‘filter’ the water that is sieved towards the bubon. But after the TP3

breach, specifically during the first week of August 2012, those who drank from the wells

experienced sore and itchy throats which made breathing difficult. Some got afflicted with

diarrhea skin and skin irritation. Respondents said they have not experienced these prior

to the TP3 breach.

4.3 Adverse effects on livelihood

The tailings deposition on farmlands and water systems was a terrible blow to the

livelihoods of communities dependent on Agno and Balog Rivers. Residents reported

drastic decrease in fish catch, damage to crops and loss of fishing and gold panning tools

due to the mine tailings spill. Fish and crop production may worsen if effective and

immediate intervention is not prioritized.

In San Nicolas, some of the gold panners abandoned their fish nets, since they observed

that tilapia and carp drastically decreased after the TP3 breach. They added that the

fishes, appeared in fewer numbers or appeared one at a time.

Still on the first week of August 2012, a farmer from lower San Felipe West noted his

harvest to be lesser by 11-12 to cavans. Another observed spots in his rice crops, and

the rice turned yellow towards harvest time. He said this was not normal, and that the

fertilizer did not seem to have an effect on his crops. He also noted whitish substance

from the river that irrigates the rice fields.

Sitio Pangbasan residents rely on fishing and gold panning from the Agno River for

livelihood. They engage in fishing during the months of June to December when the water

level is high, and they pan gold during the months of January to May when water level is

low. Gold panners are able to produce a minimum of 1 gram of gold per day that they sell

to middlemen at PhP 1,500-2,000 per gram. The average fish catch, which consists

mainly of tilapia, carpa and eel, is 15-20 kilograms per day which they sell at the Baguio

City market.

Gold panning areas in Sitio Pangbasan have been flooded and some fishing boats were

lost during the flood, as well as gold panning tools and other fishing gears. Since the first

tailings spill in August 1, residents could not go fishing or pan for gold, since the gold

panning areas were submerged by sediments, and PMC discouraged them to conduct

gold panning along the Balog River. As an alternative livelihood source, some residents

cultivated crops in mountain tops which was not easy since it took 2-3 hours of climb

uphill from their houses.

4.4 False community relations

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14 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

PMC has deployed community relations officers supposedly to help affected communities

to recover from the disaster but the deceitful compensation they provided were mere

cover-ups of the entirety of the damage to the communities’ livelihood.

On August 15, PMC deployed four community relations officers in Sitio Pangbasan and

other affected sitios of Dalupirip. In an interview with Clarence Rosado, PMC's community

relations officer deployed in Pangbasan, he said that they were assigned in the area to

find out the concerns of the communities affected by the TP3 mine tailings spill - Sitio

Pangbasan, Pao, Ambalanga, Cagadian and Terong, and see how their company can

help. Rosado also disclosed that in his 3 years of employment, this is the only time that

community relations officers were deployed in the said communities. He added that to

help the communities cope up with the impact of the tailings spill, their company

conducted a one-time relief operation, medical mission, and has given out monetary

compensation for the fishing boats and gold panning tools that were washed out during

the spill.

The presence of PMC's community relations officers in Sitio Pangbasan gave residents

the impression that they are being closely monitored and guarded especially when they

are with people outside of their community, such as members of the media or other

organizations that would inquire about the incident. According to them, PMC's community

relations officers told them to think carefully if they want to air out their grievances to

visitors, especially the media, as these groups cannot help them like they are doing.

The residents also noted that on the day TV personality Ted Failon visited Sitio

Pangbasan on the first week of October 2012, PMC deployed around 100 miners and

mining engineers in Sition Pangbasan and along the Balog River near the community,

which gave the impression that the company was doing a massive clean-up of the spill.

After Ted Failon and his TV crew left, the mining engineers have also left and never

returned.

According to the residents interviewed, PMC offered to pay in cash or in kind the fishing

boats and gold panning tools that were either destroyed or washed out by the tailings

spill. However, for those who chose to be paid in cash, it was PMC who determined the

amount and the people were not able to negotiate the price. Some residents think this

kind of compensation is not enough, and would want the company to pay the income the

residents have lost and would continue to lose until they are able to go back to fishing

and gold panning. One of the responses of PMC in the compensation for the loss of

income and as alternative livelihood was to hire the residents under a contract to clear

the tailings and effluents. They are paid P140,000 for clearing a certain area for 8 days.

Each received around P3,000 at the end of the contract. The company also allowed the

residents to collect the scrap metals from Balog and Agno River. In one instance, the

residents retrieved 1 ton of metal where they noticed destroyed spare parts of heavy

equipment like bulldozers floating in the river. The company promised to employ the

residents in the construction of a footbridge in Sitio Pangbasan to provide for a temporary

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15 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

source of income. It does not mentioned any long-term program for alternative livelihood.

According to the residents, they are better off with their usual income from gold panning

and fishing than from the kind of ‘help’ PMC is extending to the community.

4.5 Grave violations of worker's rights

The interview with mineworkers yielded important information on the dire situation of PMC

miners. As the company attempted to clean up Balog River, its labor force took most of

the toil. Workers are subjected to dismal work conditions which even resulted to a number

of injuries and, unfortunately, even the death of two mineworkers.

After the TP3 breach, each employee is required to report to TP3 and Balog River, where

elderly workers with only a few months before retirement, medically ailing, and physically

unable were not exempted. Most of them are compelled to avail of the optional and early

voluntary retirement.

The following fatalities, took place: truck driver Marvin Kiwalan and helper Israel Tiwaken

died in a vehicular accident along an unlighted narrow part of the road while rushing

boulders to the dam; William Ribon, a newly hired employee is tasked to a position he

was not trained for, causing him to lose four of his fingers; Elmer Baysic fainted and fell

while timbering the penstock portal due to excessive carbon monoxide.

There is not enough ventilation and Personal Protective Equipment (PPE) (e.g., dust

respirator instead of gas mask) for the workers. A group of employees in a raft assigned

to drop gabions on the dam had an accident when their newly hired employee named

Elmer accidentally fell. Fortunately, no one was hurt. These were not officially recorded

and induced workers to avail of sick leave and vacation just to avoid the hazards.

Amado Ringor Sr., a 50 year old miner sustained fracture when he fell carrying a heavy

sandbag on the rugged terrains of the Balog River. There are numerous cases of miners

sustaining fracture when carrying a heavy sandbag on the rugged areas.

From entry to time out, workers undergo severe stress when carrying a heavy sandbag

on the rugged area while the top brasses are enjoying the extravagance of riding in model

pickups being hired by the company worth P 4,000 a day to transport them despite the

cost cutting measures on the lower ranks. Those assigned in the remote areas of Balog

River has to traverse another hour on foot before reaching their destination.

The union is indifferent to their situation with more workers becoming demoralized.

Community locals, on the other hand are mere spectators for most of them are employed

by the company.

PMC's Rank and File Employees’ Union (PRFEU) denied these perils experienced by its

members. Ka Undo Mataro, supervising officer of the said union, released a press

statement in a local paper on September 10, 2012 denying the fatalities.

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16 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

On September 11, Engineer Eulalio Austin, president of PMC, released a signed

statement acknowledging the threats and mismanaged payrolls. Though the president

has been honest, administrative measures were not undertaken by the company.

Based from the internal documents derived from PMC, 45-50% of the workforce of the

company is not receiving sufficient compensation when in fact, a day's production of the

company can pay the a month's salary of its rank and files and supervisors. PMC has the

capacity and capability of sustaining its workers even for years of non-operation, not to

mention their $80 Million Environmental and Business Interruption insurance.

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17 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

CONCLUSIONS The following are the summary of the environmental investigation by the EIM Team.

1. Mine Tailings Destruction

The immediate manifestations of the environmental damage caused by TP3 breach

were the smothering of marine life thriving in Balog River and the junction of Balog and

Agno River brought about by mine tailings spill. It rendered the Balog River and the

confluence of Balog and Agno River practically biologically dead.

2. Heavy Metal Contamination

The mine tailings was also proven to contain heavy metals that includes copper, zinc

arsenic and cobalt that were found in impacts sites, the Balog River and the junction

of Balog and Agno River. Copper is the most prevalent heavy metal that registered

high concentration in the junction of Balog and Agno River, the highest value is 4.5

times the threshold limit.

3. Prevalence of Various Illnesses in the Community and other Environmental

Impacts

In San Felipe West, the community experienced headache, chest pains and skin

rashes. Some gold panners in San Nicolas, Pangsinan who drank water from the wells

dug up beside Agno river lasthad loose bowel movement and itchy sore throats during

the TP3 incident. The communities from Sitio Pangbasan, an impact area of the mine

tailings spill, observed the rise in river level comparable to flood levels during

Typhoons Ondoy and Pepeng in the morning of August 2, a day after the first tailings

spill from TP3.

4. Adverse effects on livelihood

Irrigation water from the river carried a whitish substance into the ricefields.

Fisherfolks also observed decreased catch of carp fish right after the TP3 breach. Mine

tailings spill rendered productive land contaminated with pollutants coming from the

PMC's mining operation based on the account of the community from Itogon, Benguet

and San Nicolas and San Manual, Pangasinan.

5. Violation of workers’ rights

Informants claimed that all workers, including the ill, elderly and physically incapable,

were forced to report to TP3 facility and Balog River. Miners were also exposed to all

kinds of hazards such as lack of ventilation and personal protective equipment,

resulting in the death of two employees and several accidents. These cases often go

undocumented and denied by the PMC management.

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18 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

RECOMMENDATIONS Physico-chemical and socio-economic findings of the Environmental Investigation Team (EIM)

point to the need for the following measures that PMC must undertake to prevent further and

severe environmental catastrophe. Philex should comply the following:

1. The decommissioning of TP3 is a justified and legitimate call because of the historical

failure on structural integrity. The attempts of the company to extend the life span of

TP3, only exposes the people and environment to serious threats of another round of

disasters.

2. Comprehensive and transparent assessment of impact sites must be conducted to

trace the toxicity pathways of the mine tailings, laden with heavy metals. The proposed

assessment is not only due to the August 2012 incident, but understanding the fact

that the PMC has brought on compounded impacts due to previous incidents of tailings

pond breach that happened in 1981 (TP1), 1992 (TP2), 2004 and 2007 (TP3).

3. There must be diligent efforts to rehabilitate affected river and terrestrial ecosystems

which should involve containment of pollutants, restoration of damaged parts of the

watershed and monitoring of the extent of contamination in flora and faunal species.

The rehabilitation must be undertaken with the goal of reviving the productivity of the

fishes and crops in parts of Benguet and Pangasinan.

4. The compensation of affected communities and mine workers must be in accordance

with the damage caused by the TP3 breach that affected their sources of livelihood as

well as the health impacts that have resulted to lingering and chronic illnesses of the

community.

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19 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

REFERENCES Foundation, I. (1994). Manual for Simple Water Quality Analysis. Amsterdam.

Kloke, A. (1981). . Schwermetalle in Boden und Pflanzen landlicher und Stadtnaher Gebiete. Der

Stickstoff 13, 53 - 61Levit, Stuart M. 2010.

United States Environmental Protection Agency. (n.d.). Ecological Toxicity Information. Retrieved

from http://www.epa.gov/R5Super/ecology/toxprofiles.htm

United States Environmental Protection Agency. (1999). EPA Guidance Manual for Turbidity

Provisions. Retrieved from www.epa.gov/ogwdw/mdbp/pdf/turbidity/chap_07.pdf

US Environmental Protection Agency. (n.d.). Drinking Water Contaminants. Retrieved from

http://water.epa.gov/drink/contaminants/index.cfm

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20 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Appendix A

Heavy Metal Analysis Laboratory Results

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21 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Appendix B

Additional photos taken at the Balog and Agno Rivers

Top The tailings from TP3, as characterized by

its gray color and fine texture, are found

along the whole length of the Balog River

Middle and Bottom The tailings is carried further downstream

as thick deposition is observed at the

confluence of the Balog River and Agno

River (Middle) and on the banks of the

Agno River (Bottom). The barrenness and

the bleached color of the riverbanks of the

Balog River is remarkable. The bed and the

bank of the river are heavily silted with

materials from the collapsed tailings pond.

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22 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

Appendix C

Historical accounts from previous tailings spill incidents

A respondent who had been goldpanning in San Nicolas area since 1974 heard of the breach of

PMC's Tailings Pond 2. In his recollection, it was around 1997 to 1998, and he further recounted

that goldpanner from Daynet died due to the TP2 breach, resulting from the voluminous discharge

of tailings.

In Lagpan, San Felipe East, accounts were shared of the PMC's Tailings Pond 2 collapse in 1992,

where mud submerged much land, destroying ricefields and resulting in decreased harvest.

One resident said that the Agno River has become murky because of the dirt (referring to the

mine tailings) from PMC, which also caused the river to give off a stench and become acidic.

When asked of the effects to their fishing grounds, respondents said, that they were prevented

by PMC to continue fishing. They used to catch a lot of bunog (local fish) and udang (shrimp)

before but not anymore because of the tailings). They also recalled that he mudslide from PMC

tailings resulted in the death of farm animals like cows and carabaos.

Health effects were also observed when they were exposed to river water. People from the

communities were afflicted with scabies on their feet because of the acid in the river. Some have

experienced stomachache when panning gold.

They also recalled that two individuals died when TP2 breach happened. Another respondent

recalled that there was a fish kill in 1992 because of the mine tailings.

In San Manuel, it was revealed during the focus group discussion that residents were informed of

the TP3 failure only on during the day of data-gathering itself. In the course of the interviews and

discussions, the respondents noted that they did not have particular observations on changes in

the condition of their natural environment following the TP3 collapse. However, the data-gathering

yielded significant historical data pointing to the disastrous effects of the Padcal mining operation

on the quality of the water in the area and the state of the people’s livelihood. Most of the

participants were also born and raised in the area, and have lived there all their lives. They are

reliable sources of data with respect to determining the long-term effects of the PMC's mining

operation in two barangays.

Many of the respondents observed changes in the quality of water since the 1970s. Since that

decade, water from the Tuboy River was observed to grow murkier. In an FGD, female locales

noted that the water carried stones and “black dirt,” a fine type of sediment that resembles cement

when dried. The river water was also mixed with an oil-like substance with an offensive odor that

resembled that of chemicals. The community also observed that the edges of the river became

darker, presumably due to the dirt carried by the river water.

Besides the quality of water, the size of the river was also observed to change through the past

decades.

The river was relatively narrower before the early 2000s, but has eroded the riverbanks and grown

in size. In 2001, a great flood hit the two barangays which covered at least 13 hectares of

farmlands. Since that year, floods have become a regular occurrence in the area. According to

interviews, the river swells and inundates the rice fields whenever there is great amount of

precipitation or rain. The level of the flooding in area also rose. Before, the flood only reached the

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23 Impacts of the Philex Mining Corporation (PMC) Mine Tailings Pond 3 Failure – Technical Report

first level of the residents’ homes. In recent years, the flood climbed to as high as the roofs of their

homes.

Flooding has damaged the property of the residents including important sources of livelihood like

cattle. It has also resulted in the death of one, Eusebio Guiang Sr. in 2001. The frequent

occurrence of flooding has prompted the residents to build a dyke to protect their crops and the

farmlands.

The poor quality of water has greatly affected the lives of the people. The river used to be the

major source of water of the communities, supplying the residents for their drink and other home

uses. The people can no longer use the river for drinking, because as one respondent recounts,

every living thing that touches the water contracts a disease or dies. Children who bathed in the

river experienced itchiness, roughness of skin and scaling. Cattle which drank in the river also

died.

Since the water became murky, the residents had to filter the water so they could use it for

washing and cleaning. Drinking water is sourced somewhere else, while many residents are

having problems looking for water for their livestock.

As the river also irrigates the farmlands, the people filter the water so they could use it for washing

and cleaning. Drinking water is sourced somewhere else, while many residents are having

problems looking for water for their livestocks for drinking. The river water is believed to be the

cause of the abnormal growth of crops like onions and corn. The onions harvested appear to be

deformed, no longer a single bulb but growing shoots like a “ginger.” The ears of corn also miss

some grains. Rice plants, on the other hand, appear to be stunted, and quickly perish.

Residents also think that the quantity of harvest decreased, following the murkiness of water.

Harvest in palay declined by 30-40 cavans per hectare since 2001. Onion production also

diminished, from 60-70 kilos per half hectare to only 20-30 kilos. Due to problems in agricultural

production, some residents have shifted from farming to gold-panning since 2001.

Loss of marine life has also been observed in the river. Before, when the river was still healthy,

the communities were able to harvest eels, dalag, bunog, tilapia and crustaceans such as shrimp,

crabs and snails. In fact, people from other barangays held picnics at the riverside, getting fish

and shellfish from the river for their feasts. Now, the residents could not even catch a single fish.

Due to the problems encountered in the community, the residents have petitioned for

compensation. According to the residents, they can only catch a single fish or a shellfish. The

mayor, unfortunately, failed to respond, leaving the people to work among themselves to meet

the problems caused by the pollution of the river. No compensation has also been offered by

Philex mines, despite community efforts to secure a damages claim.