Question & AnswerQ&A (DENR MEMORANDUM ORDER NO. 99-08)
The permanent stoppage is based on Section 19 (f) of Republic Act No. 7942 and the Marikina Watershed Reservation established under Executive Order No. 14 dated February 19, 1915, as amended.
Mining/quarrying operations are generally closed within these areas pursuant to Section 19(f) of RA 7942, except for operations with valid and existing land titles secured prior to the issuance of Proclamation No. 1636 and with valid permits, subject to strict compliance with environmental and regulatory conditions.
They must strictly comply with the Environmental Compliance Certificate (ECC) conditions, submit and get approval for an Environmental Protection and Enhancement Program (EPEP), establish a Contingent Liability and Rehabilitation Fund (CLRF), perform best environmental practices, address siltation and erosion problems, comply with local government clearances, and phase out operations within 3 to 5 years.
Mining/quarrying may be allowed only upon issuance of clearances from the RIZLAQUE Commission and other concerned agencies and full compliance with applicable mining and environmental laws and rules, pursuant to Section 19(a) of RA 7942.
Operations can resume only after full profiling of soil overburden is conducted and reported, submission and approval of a mining/quarrying plan with containment measures, establishment of proper waste disposal and drainage systems, clean-up of spillages, and full compliance with ECC conditionalities, EPEP, and CLRF requirements.
No, there shall be no acceptance of new mining/quarrying applications within these areas. Renewal applications may only be granted to allow phasing out of existing operations.
The MMT is established to serve as the monitoring arm of the Mine Rehabilitation Fund Committee, ensuring compliance with the EPEP. It is composed of representatives from the MGB Regional Office No. IV, DENR Regional Office No. IV, mining/quarrying permittees/contractors, affected communities, and environmental NGOs.
They must set up a Rehabilitation Cash Fund (RCF) of at least Five Million Pesos or 10% of the total EPEP cost, replenished annually, and a Monitoring Trust Fund (MTF) of at least Fifty Thousand Pesos, replenished monthly, to fund monitoring activities.
All memorandum orders, circulars, or official instructions inconsistent with this Order are repealed or modified accordingly.
The Order took effect immediately upon adoption on March 3, 1999.