Newmont Ghana Gold Limited (NGGL) is to pay GH¢ 7.0 million penalty, of which GH¢ 3.1 million will go to affected communities for negligently spilling cyanide at its Ahafo Mine Project on October 8 2009.
The Environmental Protection Agency is to receive GH¢ 2.8 million while the Inspectorate Division of the Minerals Commission gets GH¢ 1.05 million.
Official documents sighted by the Ghana News Agency indicted Newmont for its inappropriate acts and omissions before, during and after the incident.
The documents faulted Newmont for applying hypochlorite without effective assessment and evaluation of the spillage characteristics; delaying in notifying the regulatory bodies and downstream communities and for not following the necessary sampling protocol.
The documents said Newmont was Negligent for "operating the raw water, process water and event ponds simultaneously without appropriate surveillance/ physical presence and in the post-incident management in terms of internal and external notification."
They said the delayed notification of the "the incident coupled with the absence of the storage of duplicate samples strongly points to a cover up".
The documents said the environmental management system of Newmont failed because the "initial detection of fish killed was made by the community instead of the Company".
The system did capture the occurrence of the incident in relation to the number of fish killed; it underestimated the volume of the spill and gave the wrong impression that the incident was contained. It was also unable to trace the correct direction of flow of the spill.
The documents directed Newmont to map out high risk operational areas and heighten surveillance; it should review incident classification criteria and prompt reporting procedures and enhance the capacities at all levels in the handling of future spillages.
The Company should also educate its staff on environmental response procedures and carry out regular drills.
The documents charged the Ministry of Environment, Science and Technology to ensure the institution of a regime for compensation and fines relating to such matters.
Newmont had proposed to pay GH¢ 285,000 to the affected communities; GH¢ 91,000 to Regulatory Agencies and GH¢ 438,000 as cleaning-up cost.
On 12 October 2009 Newmont reported that it had "contained and neutralized within its mine site, a minor chemical overflow which occurred at its processing plant." This was three days after the incident.
WACAM, a human rights and mining advocacy nongovernmental organization, accused Newmont of downplaying the extent of the cyanide spillage and called on the Government to investigate the whole incident.
GNA investigations later revealed that in deed many more people were affected by the cyanide spillage. The villages and hamlets that were affected included Adofoasa; Kontokrom; Bamfowaakrom; Akosua Gyakakrom; Bronikrom; Afua Serwaakrom; Kuma Gyakakrom; Yateaberee, Kyeikrom and Kantinkakrom all in the Asutifi District of the Brong Ahafo Region.