Executive Order No. 309




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 309, April 16, 1971 ] CREATING AN AD HOC COMMITTEE TO CONDUCT A FEASIBILITY STUDY OF A SATISFACTORY SYSTEM OF DISPOSING MINE TAILINGS FROM THE BAGUIO MINING DISTRICT WHEREAS, in line with the national policy embodied in Republic Act No. 3931 for the maintenance of reasonable standards of purity of the waters and air of this country with a view towards their maximum utilization for domestic, agricultural, industrial and other legitimate purposes, there is an urgent need to seek a satisfactory solution of the problems of pollution and siltation of the Agno and Bued River Systems being caused by mine tailings from various mining firms in the Baguio Mining District which adversely affect the agricultural activities in several municipalities of Pangasinan and La Union; and WHEREAS, there is an urgent need of undertaking a thorough and intensive study on the advisability of adopting, at least, the pipeline disposal system to determine its conformity with the reasonably accepted standards of safety, efficiency, reliability, and economy; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby create an AD HOC Committee consisting of the Director of Mines, the Chairman, National Water and Air Pollution Control Commission, and representatives of mining operators in the Baguio Mining District, which body shall elect its own officers and have a lifetime of not more than one (1) year from the date of this order. The Committee shall meet as often as necessary, but not less than twice a month, to discharge the functions and responsibilities herein set forth and at such times and places as may be designated by the Chairman, and shall keep a complete record of its meetings which shall be kept and filed by the Secretary-Administrative Officer of the Committee. The Committee shall: 1. Conduct a feasibility study of installing a pipeline or common sewer system, among others, to dispose of the mine tailings from the mines in the Baguio Mining District into the Lingayen Gulf, or in any convenient site, which study shall include the following: (a) the technical requirements for such system in accordance with the reasonable accepted standards of safety, economy, efficiency and reliability; (b) the manner of acquiring the right of way through which the system shall pass; (c) the means and alternative ways of financing the construction of the system from the Baguio Mining District to the point of disposal; (d) the methods and alternatives of getting within a reasonable period of time a return of capital investment in the construction and of establishing and maintaining a Maintenance Fund; and (e) the possibility of using the mine tailings for reclamation purposes; 2. Do all things necessary for the conduct of the study including getting the opinion of foreign experts, conducting public hearings, and the commissioning of independent studies on specific aspects of the problem of disposing mine tailings with the least adverse effects on agriculture, animal and marine life. 3. Submit a complete report to the President of the Philippines, the Senate President, and the Speaker of the House of Representatives of the Congress of the Philippines within one month after the completion of this study, furnishing a copy to the National Water and Air Pollution Control Commission. In pursuance of its purpose, the Committee is hereby authorized to solicit, and accept and receive sums of money, materials and services in the form of grants-in-aid, subsidies, and contributions given by any international, national or other public or private agency. All departments, bureaus, offices, agencies and instrumentalities of the government, including government-owned or controlled corporations, as well as local government entities, are hereby enjoined to extend assistance to the Committee. All executive orders, administrative orders or proclamations contrary to or inconsistent herewith are hereby revoked or amended accordingly. Done in the City of Manila, this 16th day of April, in the year of Our Lord, nineteen hundred and seventy-one. (SGD.) FERDINAND E. MARCOS President of the Philippines By the President: (SGD.) FLORES A. BAYOT Acting Executive Secretary The Lawphil Project - Arellano Law Foundation