1. Accept the witness testimony that PTNMR detoxified tailings before discharge as per design
2. That the detoxification process changed arsenic in solution to ferro arsenate and mercury to cinnabar prior to discharge which are neutral & stable compounds.
3. That PTNMR had an extensive monitoring program to ensure the detoxification process was working properly. Daily variability is normal and it was the monthly average was the target.
4. That PTNMR measured both concentration (mg/l) and volume as part of its monitoring activities.
5. That it is volume times concentration that is regulated and determines the load/discharge quantity to the environment.
6. That the total amount of mercury and arsenics discharge was less then permitted.