"The assumption here is we’re dealing with a company that is operating internationally with environmentally-safe practices. But the spill happened two times, so there must be something wrong. (That’s why) we want them to undergo certification. Of course it will delay operations," said Environment Secretary Michael T. Defensor.

Defensor said some non-government organizations have been advocating the immediate resumption of Lafayette Philippines Inc.’s (LPI) operations, but the imposition of an ISO will be for everyone’s advantage.

"Just one fault, and this will affect the entire industry," said Defensor who told a press briefing that he is about to file a leave of absence as Department of Environment and Natural Resources (DENR) secretary as he leads government’s P35-billion pump-priming activity.

DENR Undersecretary Deinrado Dimalibot said an ISO (International Organization for Standardization) is now a requirement by certain international funders for financing mining operations, indicating it is a trend that should direct companies’ improved business practice.

However, the ISO certification may not really become a standard requirement for most mining companies to operate in the Philippines. And yet, local mining companies like Benguet Corp. and Philex already have ISO certification, mining officials said.

LPI’s fine is so far the biggest penalty imposed by DENR in violation of Republic Act 9275 or the Clean Water Act. This is a maximum fine of P200,000 per day from Oct. 11 (since the first cyanide spill occurred) to Dec. 14. This is on top of a P300,000 fine for violating conditions under the environmental compliance certificate.

"This maximum fine is for the purpose of deterring similar occurrences which is well within respondent’s capability should it only exercise prudence, said Defensor.

"The preservation of the environment should not be bargained away for the sake of economics. It is after all the interest of the people that sustainable development such as responsible mining is being promoted."

The Oct. 11 and Oct 31 cyanide spills within the Rapu Rapu gold plant resulted in fish kills which prompted government to also issue a cease and decease order (CDO) for LPI to stop discharging wastewater to the environment. The CDO is until it will have fully rehabilitated its settling ponds, polishing and events ponds or emergency ponds which should prove capable of containing all the wastewater.

Other requirements imposed on LPI are a comprehensive pollution control program (PCP), surety bond equivalent to 24 percent of the total cost of the PCP, detailed description of the interim remedial measure to mitigate pollution, and proof of employment of a pollution control officer accredited by DENR.