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Sec. 121. Adoption o f Polluter Pays Principle. - Polluters shall pay for the damage
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they cause to the environment. The amount of damages shall be determined by
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accredited independent consultants, to be chosen from a list and agreed upon by both
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the mining proponent and by the Council.
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Sec. 122. Tailings im poundm ent - Tailings impoundments shall be built away
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from
critical watershed
drainage areas.
Furthermore,
it shall
be ensured that
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impoundments will not endanger critical watershed areas or low-lying valleys in the
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event of accidents under abnormal conditions. Tailing impoundments and dams shall
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meet the international standards for large dams.
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Sec. 123. Dumping o f waste. - Dumping of waste or tailings in any body of water
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shall be prohibited. Provisions on the Clean Water Act and Clean Air Act shall be strictly
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implemented.
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Sec. 124. Use o f toxic chemicals and methods. - At all times, mining contractors
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shall use chemicals or reagents which would result to the least environmental and social
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destruction. The use of mercury and cyanide for the extraction of gold, silver and other
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minerals shall be prohibited. The use of blow torching to separate gold from amalgam
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shall likewise be prohibited.
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Sec. 125. Preservation o f topsoil. - The removed topsoil, or the more productive
horizons of the soil shall be preserved for other uses.
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Sec. 126. Priority use fo r water. - The National Water Resources Board shall
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investigate any existing use of water resources in the area whether or not covered by
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any existing water permit or registration. Upon determination of any existing use, the
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applicant shall procure the consent of all water users and/or the free prior and informed
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consent of ICCs/IPs with or without water permits within the same groundwater
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network or any downstream users of water resources. In all instances, priority shall be
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given to use of water for domestic, municipal, and agricultural purposes. I f potential
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negative impact on other water users is identified, the water permit shall not be
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granted. For water resources within the ancestral domain of indigenous peoples, no
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water permit shall be granted by the National Water Resources Board without the free
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and prior informed consent of indigenous peoples.
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Sec. 127. Recycling o f water resources. - Water used in mining operations shall
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be recycled. Mining contractors shall be required to provide for the methods or
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equipment for the recycling or reuse of water.
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treated accordingly to meet national standards. Released water must at least be
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equivalent in quality to the baseline water quality.
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Released contaminated water shall be
Sec. 128. Water user fee. - A water user fee that reflects the value of water to
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