“PAB RULES”

DENR – EMB XI
 IRRESPONSIBILILTY

“No single raindrop

believes it is to blame for
the flood.”

DENR – EMB XI
Pollution Adjudication Board (PAB):
Rules and Procedures
(PAB Resolution 01-2010)
PAB Resolution 01-2010
Revised Rules of the Pollution Adjudication
Board (PAB) on Pleading, Practice and
Procedure in Pollution Cases
(it revises PAB Resolution 1-C issued on 06
October 1997)

Effectivity:
29 June 2010
Outline
• Legal Bases
• About PAB
• Flow Chart of The Legal Procedures in
the Resolution of Pollution Cases
• Conduct of Technical Conference in the
Regional Level
I. LEGAL BASES
• 1) PAB Resolution 01-2010
• 2) PD 1586 (The Philippine
Environmental Impact Statement System)
• 3) RA 9275 (The Clean Water Act)
• 4) RA 8749 (The Clean Air Act)
• 5) RA 6969 (Toxic Substances and
Hazardous Waste and Nuclear Wastes
Control Act)
• 6) RA 9003 (Ecological Solid Waste
Management Act)
• 7) Sections 16 & 19 of Executive Order
192 (Reorganization Act of the DENR)
Getting to know
PAB
 What is PAB?

About PAB
The PAB assumed the powers and functions
of the Commission/Commissioners of the
National Pollution Control Commission with
respect to the 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)shall serve as the Secretariat of the
board.
 Other Facts

About PAB
Organizational Placement co-
equal w/ 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 Courts of
First Instance, …
 Composition

About PAB
Composed of the following:

Chairman: DENR Secretary

Members:

2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
 Jurisdiction and
Authority of the PAB
 Pollution Adjudication Board

About PAB
Expanded Jurisdiction of the PAB:

Philippine Clean Air Act of 1999 (R.A. 8749)

Exceedance of air emission; Imposition of Fines;
Operating without permit to operate air pollution
source installations

Philippine Clean Water Act of 2004 (R.A. 9275)

Exceedance of the effluent; Imposition of Fines;
Committing any of the prohibited acts under
Section 27 of RA 9275 and Section 9 of DAO 35
 Pollution Adjudication Board

About PAB
Important Prohibited Acts Under
Secn 27 of Republic Act 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
Sec. 9-DAO 35: PROHIBITIONS

 No industrial or domestic sewage effluent shall

be discharged into Class AA and SA waters;
(Class AA-Public Water Supply I ,
Class SA- Protected areas)
 No new industrial plant with high waste load
potential shall discharge into a body of water
where the dilution or assimilative capacity of the
said water is insufficient to maintain its
prescribed water quality;
 No person shall discharge wholly or partially,
untreated or inadequately treated industrial
effluent directly into bodies of water or thru the
use of by-pass canals and/or pumps or other
unauthorized means.
 Pollution Adjudication Board

About PAB
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

file criminal charges against violators
 Pollution Adjudication Board

About PAB
Powers of PAB and Sanctions
Under Republic Act 8749

Issuance of Cease and Desist Orders

Imposition of fine from a minimum of PhP10,000 to a

maximum of PhP100,000.00 per day of violation

Recommend to proper government agencies to file

criminal charges against violators
 LEGAL PROCEDURES in the
Resolution of Pollution Cases under the
Mandate of EMB

17
LEGAL PROCEDURES in the Resolution of Cases
under the Mandate of EMB

Survey, Inspection, Investigation, Compliance

Monitoring, SMR, and all Applications

INSPECTION PROCEDURES

1- Preliminary Conference prior to actual inspection

2- Actual Inspection

3- Exit Conference

18
General Inspection Protocol
 LEGAL PROCEDURES (Flow Chart)

Survey, Inspection, Investigation, Compliance

Monitoring, SMR, and all Applications

Evaluation

No violation With violation

For issuance of
P.D. R.A. R.A. R.A. SMR
corresponding permits
1586 6969 8749 9275
ECC,POA,WDP, etc.
Or
For
Filing/consolidation
in the firm’s Folder
20
 EIA NOV PROCEDURE (FLOW CHART)

SURVEY (without ECC Application)

PROJECT INITIALLY IMPLEMENTED NOT YET IMPLEMENTED - PROPOSED

NOV

TECHCON NOT
COVERED
COVERED

APPLY ECC CNC

COVERED NOT COVERED APPLICATION
OPTIONAL

APPLY ECC CNC

APPLICATION
OPTIONAL

WITH FINE

21
 EIA NOV PROCEDURE (FLOW CHART)

ON SITE EVALUATION (With ECC Application)

INITIALLY STARTED PROPOSED

NOV
ECC
TECHCON

FINE

22
 EIA NOV PROCEDURE (FLOW CHART)

ECC COMPLIANCE MONITORING

WITH VIOLATION WITHOUT VIOLATION

NOV
REPORT FOR FILING
TECHCON

FINE

23
 The Philippine EIS System - P.D. 1586
Technical Conference

No violation With Violation

or
AI submitted Commitment:
Position paper
Payment of fine
For issuance of ECC
OR
Issues Clarified Order to pay fine

ECC for processing

File for consolidation

24
Toxic Substances Hazardous & Nuclear Wastes Act
R.A. 6969
Technical Conference

No violation With Violation

Or
AI submitted Commitment:
Position paper
For issuance of Permits Payment of fine
OR
Issues Clarified Order to pay fine

Application for
processing
File for consolidation
25
 SMR – DAO 002, series of
2014
With violation Without Violation
Issues for Clarification
Payment for late
filing and non- SMR for
submission consolidation to
the firm’s folder
Issuance of pending
permits/
SMR filed in their folder

26
 The Clean Air Act – R.A. 8749
The Clean Water Act – R.A. 9275

PA-PABLE CASE

27
 The Clean Air Act – R.A. 8749
Technical Conference
With violation Without violation
Commitments Issues Clarified
AI Submitted
90 days Mitigation period
POA for issuance
Complied No Compliance
NOV – Compliance Plan
For 18 months period -Failed
Permit
Issuance PAB
28
 The Clean Water Act – R.A. 9275
Technical Conference
With violation Without violation
Commitments Issues Clarified
AI Submitted
90 days Mitigation period
Water Re-sampling WDP for issuance

Complied No Compliance

For PAB
Permit
Issuance 29
EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE

Sampling Issuance of
Laboratory analysis
(Air Emission or Notice of Violation (NOV)
Wastewater Discharge)

Remedial / Mitigating measures

Maximum of 90 days
(Secn 9 0f DAO 35) Technical Conference
Re-sampling

Without compliance With compliance

Elevate to PAB Imposition of Fines

and dismissal of case

Issuance of TLO
(w/in 30 days)
Issuance of to conduct Issuance of FLO
Cease and Desist Order re-sampling (w/compliance)
30
EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE

Execution of Motion for the Issuance of

Cease and Desist Order Temporary Lifting Order (TLO)
by the Regional Office

Compliance with TLO Requirements

Issuance of TLO
Sampling
by PAB

Without compliance With compliance

- Closure Imposition of Fines

- Imposition of Fines and Issuance of
- Forfeiture of bond Formal Lifting Order
31
 Requirements for Issuance of TLO for
Implementing Pollution Control Programs
 Comprehensive pollution control program, including plans and specifications
of the firm’s anti-pollution facility, budget and Gantt chart of activities relative
thereto
 surety bond equivalent to 25% of the total cost of the pollution control
program
 detailed description of the interim remedial measure to be instituted to
mitigate pollution pending the completion of the pollution control program
 proof of employment of a pollution control officer duly accredited by the
DENR pursuant to DAO No 02, Series of 2014
 notarized undertaking signed by respondent or its duly empowered managing
head to comply with the conditions set by the Board
 such other conditions which the Board may deem appropriate under the
circumstances

32
Requirements for Issuance of TLO for Sampling
Purposes
 Proof of employment of a pollution control officer duly
accredited by the DENR pursuant to DAO No. 02, Series
of 2014

 Notarized undertaking, signed by the respondent

or his duly-empowered managing head, to comply
with the conditions set by the Board

 Such other conditions which the Board may

deem appropriate under the circumstances

33
 FINAL LIFTING ORDER (FLO)
Section 8
 Requirements:

- Passed the DENR Standards for a series of

two (2) consecutive samplings; and

- Payment of imposable fines

34
Conduct of Technical
Conference
 PURPOSES OF THE
TECHNICAL CONFERENCE
 simplification of issues and
stipulation of facts
 tentative computation of fines
 execution of commitment
from respondent to abate
or mitigate the pollution
complained of, including the
implementation of remedial
measures relative thereto 36
 Respondent’s Commitment

 within a period to be agreed

upon by the parties, but in
no case to exceed 90 days

 in the format prescribed

by the Board and signed
by the respondent or its
managing head
37
 Thank you..

By: Engr. Leslie Balneg-Rubin

Senior Environmental
Management Specialist
lesliebalneg@gmail.com
09305241053