III. MEASURES AND POLICY INSTRUMENTS USED FOR INTEGRATION
B. Market-based instruments
2. Pollution charges
The Department of Environment and Natural Resources imposes fees on mine waste and tailings, under Department Administrative Order No. 85. Mine waste and tailings that are recycled (e.g., as filling materials for buildings) are exempt from those fees. Under Department Administrative Order No. 85, the Department of Environment and Natural Resources imposes the following fees: P 0.05 per ton on waste from metallic mines; P 0.10 per ton on tailings from metallic mines using approved impoundments and discharging into the sea by pipeline, launder equipment and tunnels; and P 1.00 per ton on mine tailings discharged from impoundments not duly approved.
Although the Committee on PD 1251 (Mine Waste Tailings Damage Law) grants awards for proven claims of damage by mine waste, the awards are drawn from a reserve fund of accrued fees, so a company causing particular damage is not identified. That means the polluter does not always pay a fair share of the damage and that a mine with a good record of waste disposal and recycling may be unfairly penalized. Furthermore, compensation is only awarded to private owners, it is not awarded to those affected by pollution damage on common property.