the pollution adjudication board (pab)_final

5/23/2018 The Pollution Adjudication Board (Pab)_final

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REVISED RULES OF THE

POLLUTION ADJUDICATION

BOARD (PAB) ON

PLEADING, PRACTICE ANDPROCEDURE IN POLLUTION

CASES (RESOLUTION NO.

01, SERIES OF 2010)JUNE 29, 2010


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DISCOVERYOFVIOLATIONFROMCOMPLAINTSAND

MONITORINGSOURCES(FIELDMONITORING, INSPECTION,

SURVEILLANCE, DESKREVIEW)

DENR- EMB office

concerned shall verify the

complaint or report if it is

within the purview of P.D

1586

EMB Director/RD refers the

Complaint to Pollution

Adjudication Board (PAB) or

government entities/LGUswith direct mandate on the

complaint

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)

NO YES


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DISCOVERYOFVIOLATIONFROMCOMPLAINTS

ANDNON-MONITORINGSOURCES

DENR- EMB office

concerned shall verify the

complaint or report if it is

within the purview of P.D

1586

EMB Director/RD refers the

Complaint to Pollution

Adjudication Board (PAB) or

government entities/LGUswith direct mandate on the

complaint

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)

NO YES


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Sampling

(Air Emission or

Wastewater Discharge)

Issuance of

Notice of Violation (NOV)

Technical Conference

Laboratory analysis

Sampling

Issuance of

Cease and Desist Order (PAB)Imposition of Fines

and dismissal of case (PAB)

Remedial / Mitigating

measures

EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE

Without compliance With compliance


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WHOMAYBEPARTIES

-any person, party, or entity who has interest in

the subject of the actionCOMPLAINANT-party initiating the action

RESPONDENT-party against whom the complaintis filed

WHENACTIONISDEEMEDCOMMENCED

Upon filing of the complaint with the Board,Regional Office, PENRO or CENRO or

By the issuance of a Notice of Violation by theRegional Office


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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 BodyAdjudication of Pollution Cases

The PAB is organizationally under the supervision

of the Office of the Secretary of the Department

of Environment and Natural Resources (theDENR)

The Environmental Management Bureau (EMB)

provides the Secretariat support.


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POLLUTIONADJUDICATIONBOARD

Organizational Placement co-equal w/ theRegional Trial Court (RTC)

Sec.7 (d) of PD 984 - Execution of

decis ionAny 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 theRegional Trial Court (RTC)


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COMPOSITIONOFPAB

Composed of the following: Chairman: DENR Secretary

Members:

2 DENR Undersecretaries

EMB Director (ex-officio)

3 others to be designated by the

Secretary


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PRESENTCOMPOSITIONOFPABChairman: Sec. Ramon J.P. Paje

Presiding Officer: USEC. Demetrio L.

Ignacio, Jr.

Members:

USEC. Manuel D. Gerochi

Atty. Juan Miguel T. CunaFor. Renato A. De Rueda

Dr. Anthony S.F. Chiu

Engr. Jeffrey G. Mijares


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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 shallNOT 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


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GENERALJURISDICTIONOFTHEBOARD

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


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render such water, air and land resources harmful,

detrimental or injurious, to public health, safety or

welfare or which will adversely affect their utilizationfor 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 casesaffecting the Laguna Lake Region


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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 RA9275

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 9003Toxic 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 intowater bodies


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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


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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 ControlOfficers


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Powers of PAB and

Sanctions Under

Republic Act 9275

Recommend to the

Secretary, the issuance ofCease 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 filecriminal charges against

violators


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INTERIMCEASEANDDESISTORDER

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


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PABPOWERTOISSUECEASEANDDESISTORDER

(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


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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


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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 becommenced against the Respondent

as warranted by law or new

circumstances


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Sampling

(Air Emission or

Wastewater Discharge)

Issuance of

Notice of Violation (NOV)

Technical Conference

Laboratory analysis

Sampling

Issuance of

Cease and Desist Order

Imposition of Fines

and dismissal of case

Remedial / Mitigating measures

EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE



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Execution of

Cease and Desist Order

by the Regional Office

Motion for the Issuance of

Temporary Lifting Order (TLO)

Issuance of TLO

by PABSampling

-Closure

- Imposition of Fines

- Forfeiture of bond

Imposition of Fines

and Issuance of

Formal Lifting Order

Compliance with TLO Requirements

EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE



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THANK YOU

BY: FAINAC. IFURUNG

EMBCALABARZON

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