REVISED RULES OF THE POLLUTION ADJUDICATION BOARD (PAB) ON PLEADING, PRACTICE AND PROCEDURE IN POLLUTION CASES (RESOLUTION NO. 01, SERIES OF 2010) JUNE 29, 2010
DISCOVERY OF VIOLATION FROM COMPLAINTS AND MONITORING SOURCES (FIELD MONITORING, INSPECTION, SURVEILLANCE, DESK REVIEW) DENR- EMB office concerned shall verify the complaint or report if it is within the purview of P.D 1586 NO EMB Director/RD refers the Complaint to Pollution Adjudication Board (PAB) or government entities/LGUs with direct mandate on the complaint
YES DENR-EMB sends Proponent Notice of Violation -request for Official Reply as to why the Proponent should not be penalized -field validation, inspection and verification(to validate the complaint)
DISCOVERY OF VIOLATION FROM COMPLAINTS AND NON-MONITORING SOURCES DENR- EMB office concerned shall verify the complaint or report if it is within the purview of P.D 1586 NO EMB Director/RD refers the Complaint to Pollution Adjudication Board (PAB) or government entities/LGUs with direct mandate on the complaint
YES DENR-EMB sends Proponent Notice of Violation -request for Official Reply as to why the Proponent should not be penalized -field validation, inspection and verification(to validate the complaint)
EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE
Sampling (Air Emission or Wastewater Discharge)
Sampling
Without compliance
Issuance of Cease and Desist Order (PAB)
Laboratory analysis
Issuance of Notice of Violation (NOV)
Remedial / Mitigating measures
With compliance
Imposition of Fines and dismissal of case (PAB)
Technical Conference
WHO MAY BE PARTIES -any person, party, or entity who has interest in the subject of the action COMPLAINANT-party initiating the action RESPONDENT-party against whom the complaint is filed
WHEN ACTION IS DEEMED COMMENCED Upon
filing of the complaint with the Board, Regional Office, PENRO or CENRO or By the issuance of a Notice of Violation by the Regional Office
THE POLLUTION ADJUDICATION BOARD (PAB) Created under Executive Order 192 (Section 19) or the Reorganization Act of the Department of Environment and Natural Resources Quasi-judicial Body Adjudication of Pollution Cases The PAB is organizationally under the supervision of the Office of the Secretary of the Department of Environment and Natural Resources (the DENR) The Environmental Management Bureau (EMB) provides the Secretariat support.
POLLUTION ADJUDICATION BOARD Organizational Placement co-equal w/ the Regional Trial Court (RTC) Sec.7 (d) of PD 984 - Execution of decision Any decision or order of the Commission, after the same has become final and executory, shall be enforced and executed in the same manner as decisions of the Regional Trial Court (RTC)
COMPOSITION OF PAB Composed of the following: Chairman: DENR Secretary Members: 2 DENR Undersecretaries EMB Director (ex-officio) 3 others to be designated by the Secretary
PRESENT COMPOSITION OF PAB Chairman: Sec. Ramon J.P. Paje Presiding Officer: USEC. Demetrio L. Ignacio, Jr. Members: USEC. Manuel D. Gerochi Atty. Juan Miguel T. Cuna For. Renato A. De Rueda Dr. Anthony S.F. Chiu Engr. Jeffrey G. Mijares
NATURE OF PROCEEDINGS UNDER THE PAB Summary
in nature Technical rules on evidence in courts of law shall NOT bind the Board and Regional Offices GENERAL RULE: The Rules of Court shall NOT apply in proceedings before the Board EXCEPTION: By analogy OR in a suppletory character AND only whenever applicable ADMINISTRATIVE DUE PROCESS -twin requirements of Notice and Hearing -substantial evidence
GENERAL JURISDICTION OF THE BOARD EXCLUSIVE jurisdiction over adjudication of POLLUTION cases AND all other matters related thereto, including imposition of administrative sanctions POLLUTION ANY ALTERATION of physical, chemical or biological properties of any water, air, and/or land resources of the Philippines OR ANY DISCHARGE OR EMISSION thereto of any liquid, gaseous or solid wastes as will be likely to create or
render such water, air and land resources harmful, detrimental or injurious, to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes EXCEPTION TO EXCLUSIVE JURISDICTION: When the law provides for a specific forum, that is, Laguna Lake Development Authority (LLDA) Law states that it has jurisdiction over pollution cases affecting the Laguna Lake Region
Specific Jurisdiction of the PAB Philippine Clean Air Act of 1999 (R.A. 8749) Exceeding air emission standards Any order, rule or regulation issued by the DENR with respect to such standard or limitation Philippine Clean Water Act of 2004 (R.A. 9275) Exceeding DENR Effluent standards (DAO 35) Committing any of the prohibited acts under Section 27 of RA 9275 Presidential Decree 1586 Violation of Sec. 27 (h) of RA 9275 Ecological Solid Waste Management Act (RA 9003) Unauthorized transport and dumping into sea water solid waste under RA 9003 Toxic Substances and Hazardous Wastes Act (RA 6969) Illegal transport or discharge of prohibited chemicals, substances or pollutants under RA 6969 Operating facilities that discharge hazardous substances into water bodies
PROHIBITED ACTS UNDER SECTION 27 OF RA 9275
Discharging or depositing materials that could pollute any water body Discharging regulated pollutants without valid discharge permit Undertaking activities in violation of P.D. 1586 Transport or discharge of prohibited chemicals under R.A. 6969 Transport or dumping of solid wastes under R.A. 9003
PROHIBITED ACTS UNDER SECTION 27 OF RA 9275
Transport or dumping of solid wastes into sea waters Refusal to allow entry, inspection, and monitoring by the DENR Refusal to allow access to relevant reports Refusal or Failure to submit reports whenever required by DENR Refusal or Failure to designate Pollution Control Officers
Powers of PAB and Sanctions Under Republic Act 9275
Recommend to the Secretary, the issuance of Cease and Desist Orders Recommend to the Secretary, the imposition of fine from a minimum of PhP10,000 to a maximum of PhP200,000.00 per day of violation
Recommend that the proper government agencies the filing of criminal charges against violators
Powers of PAB and Sanctions Under Republic Act 8749
Issuance of Cease and Desist Orders
Imposition of fine for a minimum of PhP10,000 to a maximum of PhP100,000.00 per day of violation
Recommend to proper government agencies file criminal charges against violators
INTERIM CEASE AND DESIST ORDER
Issued by the Regional Director Effective for seven (7) days The interim CDO will be considered as a regular CDO if it is subsequently confirmed by the Board or the Secretary. The confirmation may only be made prior to the lapse of the interim CDO
SHOW CAUSE ORDER -the Board may opt to direct Respondent to show cause why no CDO be issued against it, subject to the following: 1. The results of a series of effluent samplings show a marked decrease in the values of the relevant parameters. 2. The values of the relevant parameters are not far from the DENR Standards
PAB POWER TO ISSUE CEASE AND DESIST ORDER (CDO)
WHEN THE BOARD FINDS PRIMA FACIE EVIDENCE THAT THE EMISSION OR DISCHARGE OF POLLUTANTS CONSTITUTE AN IMMEDIATE THREAT TO LIFE, PUBLIC HEALTH, SAFETY OR WELFARE, OR TO ANIMAL OR PLANT LIFE, OR EXCEEDS THE ALLOWABLE DENR STANDARDS, IT MAY ISSUE OR RECOMMEND TO THE DENR SECRETARY AN EX-PARTE ORDER - IMMEDIATELY EXECUTORY AND REMAIN IN FORCE AND EFFECT UNTIL MODIFIED OR LIFTED BY THE BOARD OR DENR SECRETARY
TEMPORARY LIFTING ORDER (TLO) Upon proper motion of the Respondent Suspends the effectivity of the CDO and allow
limited operations of the facility or business for: 1. Implementing a pollution control program 2. For the purpose of conducting a sampling and/or payment of fines Effective only within the prescribed period given
by the board, which in no case shall exceed thirty (30) days
FORMAL LIFTING OF CEASE AND DESIST ORDER
Termination of the case after full compliance with the DENR Standards and full payment of fines without prejudice to future actions that may be commenced against the Respondent as warranted by law or new circumstances
EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE
Sampling (Air Emission or Wastewater Discharge)
Laboratory analysis
Issuance of Notice of Violation (NOV)
Remedial / Mitigating measures
Sampling
Without compliance
Issuance of Cease and Desist Order
Technical Conference
With compliance
Imposition of Fines and dismissal of case
EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE
Execution of Cease and Desist Order by the Regional Office
Motion for the Issuance of Temporary Lifting Order (TLO)
Compliance with TLO Requirements
Issuance of TLO by PAB
Sampling
Without compliance
- Closure - Imposition of Fines - Forfeiture of bond
With compliance
Imposition of Fines and Issuance of Formal Lifting Order
THANK YOU BY: FAINA C. IFURUNG EMB CALABARZON
