Republic Act 8749 Lecture

8/12/2019 Republic Act 8749 Lecture

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REPUBLIC ACT 8749

The Philippine Clean Air Act of 1999


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COMPOSITION OF

PRESENT ATMOSPHERE 78% Nitrogen

21% Oxygen (O2)

0.9% Argon

0.03% Carbon Dioxide and trace amounts of othergases

Air Pressure:

- Sea Level: 14.7 PSI

- Altitude of 10T Feet: 10 PSI


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HISTORICAL ATMOSPHERE Earth believed to have formed 5B year ago

In the initial 500M years, dense atmosphere emerged

from vapor and gases due to degassing of theplanets interior

Prior to 3.5B years ago, atmosphere consisted ofCO2, CO, H2O, N2 and Hydrogen

Hydrosphere formed 4B years ago from condensationof water vapor resulting to oceans of water

Absence of Free Oxygen


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FORMATION OF OZONE LAYER 1B years ago, early aquatic organisms (blue algae)

began using sun energy to split molecule of H2O andCO2 and recombine them into organic compoundsand molecular oxygen (O2)process known asphotosynthesis

High in the atmosphere, some O2 moleculesabsorbed energy from suns ultraviolet rays and split

to from single oxygen atoms (O)


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O atoms combined with remaining O2 to form O3molecules (OZONE)

O3 are very effective at absorbing UV rays

Thin layer of ozone acts as a shield protecting Earthfrom irradiation by UV light

Amount of ozone required to shield Earth frombiologically lethal UV radiation: 200-300 nanometer


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The ozone layer existed 600 M years ago

Oxygen level at this time: only 10%

Prior to this period life on Earth restricted to Oceans The presence of ozone enabled organisms to develop

and live on dry land

OZONE PLAYED KEY ROLE IN EVOLUTION OF LIFE

ON EARTH!


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AIR QUALITY PRINCIPLES State to protect and advance the right of the people

to a balanced and healthful ecology in accord withthe rhythm and harmony of nature (Sec. 16, Art. II,Phil. Constitution)

Sustainable Development

Area-based Responsibility

Polluters-Must-Pay GOOD FOR ALL-CONCERN FOR ALL.


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AIR QUALITY POLICIES Holistic (Comprehensive) National Program

Self-Regulation

Pollution Prevention not Control Public Education and Participation

System of Accountability & Setting up of Air QualityManagement Fund


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DEMANDABLE RIGHTS To breathe clean air

To utilize and enjoy natural resources in accord withsustainable development principle

To participate in the formulation of environmentalpolicies

To participate in decision-making

To be informed on the nature and extent of potential

hazard and to be served of TIMELY notice


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To access public records (See Sec. 8, Art. III, 1987Phil. Constitution)

To enjoin activities that violate environmental lawsand regulations

To compel rehab and clean up

To seek imposition of penalties against violators

To seek compensation by way of personal damages


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- Detrimental to health or Environment

- Includes (but not limited to):

SMOKE DUST SOOT CINDERFLY ASH SOLID PARTICLES (ANY KIND) GASESFUMES CHEMICAL MISTS CONTAMINATED STEAMRADIOACTIVE SUBSTANCES


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WHAT IS AIR POLLUTION?1) Any alteration of the

-physical

-chemical

-biological properties of the atmospheric air; or

2) Any discharge into the atmosphere of any liquid,gaseous, or solid substances that:

- will or likely create or render the air resources

harmful, detrimental, or injurious to public health,safety or welfare; or

- will adversely affect their utilization


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AMBIENT AIR QUALITY STANDARD The concentration of an air pollutant which, in order

to protect public health and/or public welfare, shallnot be exceeded in the breathing zone, at any time.

This is enforceable upon the owner or person in-charge of an industrial operation, process or trade.


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GREENHOUSE GASES

Those gases that can potentially or can reasonablybe expected to induce global warming, including:

- carbon dioxide

- oxides of nitrogen

- chloroflourcarbons

- and the like


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HAZARDOUS SUBSTANCES

Those that present:

1) short-term acute hazards, e.g. acute toxicity byingestion, inhalation or skin absorption, corrosivity or

other skin or eye contact or the risk of fire explosion; or2) long-term toxicity thru:

- repeated exposure

- carcinogecity

- resistance to detoxification process, e.g. biodegration- the potential to pollute underground or surface water


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KINDS OF WASTES THAT MAYAFFECT AIR QUALITY

INFECTIOUS WASTES

PATHOLOGICAL WASTES

PHARMACEUTICAL WASTES CHEMICAL WASTES

MEDICAL WASTES

MUNICIPAL WASTES


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MEDICAL WASTES

Materials generated as a result of patient diagnosis,treatment, or immunization of human beings oranimals.


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MUNICIPAL WASTES The waste materials generated from communities within

a specific locality


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OCTANE REQUIREMENT OF VEHICLES OCTANE RATING OR ANTI-KNOCK INDEX

= Research Octane Number (RON) + Motor Octane

Number 2

- The octane requirement of automobiles shall refer tothe minimum octane rating the manufacturer sets for

efficient operation for the vehicle without knocking


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OZONE DEPLETING SUBSTANCES (ODS)

Those that deplete or modify significantly the ozonelayer resulting to adverse effects of humans and theenvironment, e.g. chloroflourocarbons, halons, etc.


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PERSISTENT ORGANIC POLLUTANTS

The organic compounds that:

- Persist in the environment

- Bioaccumulate through the food web; and

-Pose a risk of causing adverse effects to humanhealth and the environment

Characteristics: Resist photolytic, chemical andbiological degradation.

Examples: Dioxin, Furan, Polychlorinated Biphenyls(PCBs), Organochloride Pesticides (e.g. aldrin,dieldrin, DDT, hexachlorobenzene, lindane, etc.)


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POISONOUS AND TOXIC FUMES

Emissions and fumes beyond internationally-acceptedstandards


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AIRSHED

Refers to areas with common weather ormeteorological conditions and sources of air pollutionwhich affect the interchange and diffusion of

pollution in the surrounding atmosphere.


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INCINERATION

Means the burning of municipal, bio-medical andhazardous wastes which process emits toxic and

poisonous fumes (?) Case: MMDA V. JANCOM, G.R. 147465, Jan. 30, 2002

Ruling: Sec. 20 does not absolutely prohibit incinerationas a mode of waste disposal; rather only those burning

processes which emit poisonous and toxic fumes arebanned.


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BAN ON INCINERATION

Only those processes that emit poisonous and toxicfumes

Exceptions (Even if emitting poisonous and toxic

fumes):- Traditional small-scale method ofcommunity/neighborhood sanitation siga

- Traditional agricultural, cultural, health and food

preparation- Crematoria


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NORMAL CUBIC METER (NCM)

Means the volume of dry gas which occupies a cubicmeter measured at 25C at an absolute pressureequivalent to 760 mm Hg.


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NATIONAL MOTOR VEHICLEINSPECTION PROGRAM

Activities/efforts designed to reduce the damagingimpact of air pollution and unsafe vehicles on health andsafety of the people, thru adoption of standards foremission and vehicle safety, and series of measures toensure compliance.


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National Ambient Air QualityGuideline Values (Short Term)

Suspended Particulate Matter (TSP - 230 mg/NCM; PM150 mg/NCM at 24-hr averaging time)

Sulfur Dioxide (180 mg/NCM; 0.07 PPM at 24-hr

averaging time) Nitrogen Dioxide (150 mg/NCM); 0.08 PPM)

Photochemical Oxidants as Ozone (140 mg/NCM; 0.08PPM at 1 hr. average time or 60 mg/NCM; 0.03 at 8-hr.average time)

Carbon Monoxide (35 mg/NCM; 30PPM at 1 hr.averaging time or 10 mg/NCM; 9 PPP at 8-hr. averagingtime)

Lead (1.5 mg/NCM at 3-month averaging time)


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ATTAINMENT AREAS

Areas where existing ambient air quality is at orbelow NAAQGV.

Requirement in Attainment Areas: Existing sources

must comply with National Emission Standards forSource Specific Air Pollution and Ambient Air QualityStandards (Sec. 1 Rule IX, IRR).

To submit Compliance Plan within 2 mos. from noticeof non-compliance.


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NON-ATTAINMENT AREAS

Those where existing ambient air quality is NOT INCONFORMANCE with NAAQGV (Sec. 1, Rule XI, IRR).

Special consideration given to densely populatedareas where greater number of people may beexposed to unhealthy air.

Relative designation.


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EMISSION CHARGE SYSTEM

Application of Polluters-must-pay principle

Regular emission fees imposed on dischargers

Based on the volume and toxicity of any emittedpollutant

Tax incentives to industries installing pollution controldevices or retrofit


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AIR QUALITY MANAGEMENT FUND

Sources: Air Emission Charges, Fines and Penalties,Grants, % from Program Loan for MM Air QualityImprovement Sector Development Program.

Uses: Purchase of Equipment re Air QualityMonitoring, Reporting or Management; Public

Awareness Campaigns; Research; Remunerations.


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PERMITS REQUIRED (Rule XIX, IRR)

Coverage: All Sources

Authority to Construct

Permit to Operate Assignment of Valid Permit

Renewal

Others


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AUTHORITY TO CONSTRUCT(Sec. 3, Rule XIX, IRR)

Covered: All proposed construction/modification ofsources with potential to emit 100 tons/year or moreof any of the regulated pollutants

Engineering Report on plant description & operations Plans & Specs of installation and control facilities Air Quality Impact Analysis

Vicinity Map


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PERMIT TO OPERATE

(Sections 4 & 5, Rule XIX, IRR)

Conversion of ATC to Permit to Operate within 60days from startup

General Rule: 1 Permit per source

Exception: Facilities with more than one source maygroup the sources under one Permit provided therequisites under Sec. 5 are met


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GROUNDS FOR SUSPENSION/REVOCATION OF PERMIT

Violation of any provision of the Act

False or inaccurate information leading to issuance orin the required monitoring data/reports

Refusal to allow inspection

Non-payment of fees

Other valid grounds


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FINANCIAL LIABILITY FORREHABILITATION (RULE XX)

Proponent to put up Financial Guarantee Mechanismsto finance emergency response, clean-up, rehab.

Continuing Liability even after project termination.

In the form of Trust Fund, Environmental Insurance,Surety Bonds, Letters of Credits, Self- Insurance.


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EMISSION AVERAGING (Rule XXI)

Facilities with multiple sources may avail of emissionaveraging for compliance purposes

Requisites:

- Facilities are within a contiguous property

- Owned by the same entity

- Enforceable Compliance Plan

- Installation of Continuous Emission MonitoringSystem (CEMS)


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EMISSION TRADING (Rule XXII)

Emission Trading allowed among Pollution Sourcesfor compliance purposes whether within or differentairsheds

Requisites:

- Enforceable Compliance Plan

- Installation of approved CEMS at source used togenerate emission reduction credits


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TAX INCENTIVES (Rule XXII)

Covered: Industries with Pollution Control Devices orwith Retrofit Mechanisms that reduce pollution

Nature:

- Tax Credits

- Accelerated depreciation deductions


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RIGHT TO ENTER PREMISES

(Sec. 2, Rule XXIV)

Right to enter any premises or to access documentsand materials required from any person who owns oroperates any emission source

Right to inspect any pollution or waste source,control device, monitoring equipment or methodrequired

Right to test emission


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PUBLIC CHARACTER OF THE RECORDS

All documents relating to relevant reports andrecords as required in Sec. 1 Rule XXIV are to beavailable to the public for inspection (Sec. 3, Rule

XXIV).


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POLLUTION FROM STATIONARYSOURCES

National Emission Standards for Source Specific AirPollutants (NESSAP) applicable in general to anytrade, industry process, fuel-burning equipment or

industrial plant emitting air pollutant to be measuredat the point of emission (See Table 2, Sec. 1 RuleXXV).


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POLLUTION FROM FACTORIES


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Table 2. NATIONAL EMISSION STANDARDSFOR SPECIFIC AIR POLLUTANTS (NESSAP)

Antimony & its cmpds.10 as Sb (Any source)

Arsenic & its cmpds.10 as As (Any source)

Cadmium & its cmpds.10 as Cd (Any source)

Carbon Monoxide500 as Co (Any industrial source)

Copper & its cmpds.100 as Cu ( Any industrialsource

Hydrofluoric Acid and Fluoride Cmpds50 as HF

(Any source except Aluminum manufacturer


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Hydrogen Sulfide

a) Geothermal Power Plantsnot more than 150

g/GMW-Hr for new; 200 g/GMW-hr for existingb) Geothermal Exploration and Well TestingBestAvailable Control Technology

a) Any other source -7 as H2S

Lead10 as Pb (Any trade, industry, process)


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Mercury5 as elemental Hg (Any source) Nickel & its cmpds. except Nickel Carbonyl20 as Ni

(Any source) NOx

a) Manufacturer of Nitric Acid2,000 as acid & NO2b) Fuel Burning Steam Generators1,500 as NO2

b.1) Existing1,000 as NO2b.2) New Source

Coal-fired500 as NO2Oil-fired500 as NO2c) Diesel-powered Elec. Generators2,000 as NO2d) Any other source: Existing1,000 NO2; New500 NO2.


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Particulates:

a) Fuel-burning equipment - 150

- Urban/Industrial Area: 200

- Other Areas: 150

b) Cement Plants (Kilns, etc.)150

c) Smelting Furnaces200

d) Other Stationary Sources - 200

Phosphorus Pentoxide200 as P2O5


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Sulfur Oxides:1. Existing Sourcesa) Manufacture of Sulfuric Acid/Sulfation Process2,000 as SO3b) Fuel-Burning Equipment1,500 as SO2c) Other Stationary Sources1,000 as SO32. New Sourcesa) Manufacture of Sulfuric Acid/Sulfation Process

1,500 as SO3b) Fuel-Burning Equipment700 as SO2c) Other Stationary Sources200 as SO3

Zinc and its cmpds.100 as Zn


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VISIBLE EMISSION STANDARDS FORSMOKE AND OPACITY

OPACITY OF LIGHT OR DARK SMOKE = not toappear darker than shade 1 on the Ringelmann Chart

nor 20% opacity under USEPA Method 9 EXCEPTIONS:

- emission for less than 5 minutes in a period of 1hour but must not exceed a total of 15 minutes in

any 24-hour period and opacity not be darker thanshade 3 of the chart

- emissions due to cold-start and up-set conditions


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OPACITY


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IN CASE OF ABSENCE OF EMISSIONSTANDARD

Catch-all provision under Sec. 3, Rule XXV, IRR.

Requirement if no emission/ambient standard for aspecific air pollutant: BEST PRACTICABLE MEANS to

prevent/minimize pollution thru use of cleanerproduction technology and sound environmentalmanagement practices.


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DUTIES OF PERSON IN-CHARGE OF SFBE

Owner/Operator of Stationary Fuel-BurningEquipment (SFBE) must provide means so that theperson-in-charge may at all times ascertain that

no dark smoke is discharged from the stack orinstallation(without leaving the boiler room,furnace room, or control room).

Thru: Installing an opening for unobstructed view ofthe top of the stack; rear-view mirror; smoke-density

indicator; closed-circuit TV; etc. All oil-burning equipment must have heaters


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SMOKESTACK


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INDUSTRIES REQUIREDTO INSTALL CEMS

Fossil fuel-fired Power Plants over 10 MW

Petroleum Refineries

Petrochemical Industries

Primary Copper Smelter Plants

Steel Plants (particulate only)

Ferro-alloy Production Facilities (particulate only)

Cement Plants (particulate only)


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REDUCTION OF FINESBY CONSENT AGREEMENT

PAB may reduce penalties/fines upon execution offollowing consent agreement:

To implement EMS under PNS 1701 within 18 months

To submit EMP within 6 months

Performance Bond (P50T-P500T)

One extension not exceeding 12 months allowed on

meritorious grounds


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PROHIBITED ACTS: STATIONARYSOURCES

1) No person shall cause, let, permit, suffer or allow

emission of PARTICULATE MATTER from any source,including but not limited to, vehicular movement,transportation of materials, construction, alteration,demolition or wrecking; or industry related activitiessuch as loading, storing or handling, WITHOUTTAKING REASONABLE PRECAUTION to prevent

emission,


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2) No person shall store, pump, handle, process,unload or use in any process or installation,VOLATILE COMPOUND or ORGANIC SOLVENTS

without applying known and approved existing vaporemission control devices or systems.


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3) Prohibition against any discharge constitutive ofNUISANCE4) Prohibition against OPEN BURNING of plastics,

polyvinyl chloride, paints, ink, wastes containingheavy metals, organic chemicals, ozone depletingsubstances, etc.5) NO OPEN-BURNING IN DUMPSITES


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BAN ON OPEN-BURNING


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GENERAL RESTRICTIONS

On excess operational capacity.

On installation of any new source or modification ofexisting ones which may result to greater ambient air

quality standards.

Pollution Control Devices/Systems must beconsistently maintained.


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NAAQS FOR SOURCE SPECIFIC AIRPOLLUTANT (Table 3)

Ammonia200 mg/NCM; 0.28 PPM

Carbon Disulfide30 mg/NCM; 0.01 PPM

Chlorine/CL2 - 100 mg/NCM; 0.03 PPM

Formaldehyde50 mg/NCM; 0.04 PPM

Hydrogen Chloride200 mg/NCM; 0.13 PPM

Hydrogen Sulfide100 mg/NCM; 0.07 PPM

Lead20 mg/NCM;


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Table 3. NAAQS for SourceSpecific Pollutants

Nitrogen Dioxide375 mg/NCM; 0.20 PPM (GriessSaltzman Method of Analysis)

Phenol100 mg/NCM; 0.03 PPM

Sulfur Dioxide470 mg/NCM; 0.18 PPM(Colorimeteric-Pararosaline Method)

Suspended Particulate Matter:

a) TSP (Total Suspended Particulate for 24-hr

average200 mg/NCMb) PM-10 (Up to level 155-254 in 24-hr)


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Antimony0.02 mg/NCM

Arsenic0.02 mg/NCM

Cadmium0.01 mg/NCM

Asbestos2x106 (Particulate/NCMover 5micrometer in size)

Sulfuric Acid0.3 mg/NCM

Nitric Acid0.4 mg/NCM


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NON-BURN TECHNOLOGIES(Rule XXVIII, IRR)

Since Incineration is banned, use of state-of-the-art,environmentally sound and safe thermal and non-burn technologies for handling, treatment, thermaldestruction and disposal of sorted, un-recycled, un-composted, biomedical and hazardous wastes ispromoted


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CHARACTERISTIC OF NON-BURNTECHNOLOGIES

Oxygen-free within the destruction chamber; or

Non-use of fire within the destruction chamber; or

Fire is not the source of heat; or

Use of heat-conducting material/medium indestroying waste

COMPLIANCE CONDITIONS


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COMPLIANCE CONDITIONS:NON-BURN TECHNOLOGIES

Application emission standards are not exceeded

Installation and approved use of CEMS measuringPM, NO2, CO, Chlorine and temperature

Compliance to other requirements in the IRR If rule is more restrictive than other requirements in

IRR, the former shall apply

Emission Standards for Treatment


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PHASE-OUT OF EXISTINGINCINERATORS

Existing Incinerators dealing with biomedical wastesare phased-out

Statutory Deadline: July 17, 2003


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BAN ON SMOKING (Sec. 1, Rule XXIX)

Ban on smoking inside publicbuilding or enclosed publicplaces, including publicvehicles and other means of

transport or in any enclosedarea outside of ones privateresidence, private place ofwork or any duly designatedsmoking area which shall beenclosed

LGU to enforce or implementthe ban thru ordinance


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SMOKEBELCHERS


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EXHAUST EMISSION LIMITS: CARSAND LIGHT DUTY MVs

Type I Test

All Motor Vehicles (Type II Test)MaximumConcentration of CO at end of last urban cycle =

3.5%

All Motor Vehicles (Type III Test)No CrankcaseEmission Permitted

See Table 6, IRR

EXHAUST LIMITS FOR MEDIUM AND


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EXHAUST LIMITS FOR MEDIUM AND

HEAVY DUTY MVs

CO11.2 g/KwH

HC2.4 g/KwH

NOx14.4 g/KwH

(See Table 7, IRR)


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SMOKE EMISSION LIMITS UNDER STEADYSTATE: HEAVY DUTY MOTOR VEHICLES

42 liters/second Nominal Flow2.26 AbsorptionCoefficient (m-1)

100 liters/second Nominal Flow1.495 AC 200 liters/second Nominal Flow1.065 AC

Applicable to those equipped with Compression-Ignition

Engines


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OTHER STANDARDS

Opacity under free acceleration: not to exceed theapproved level by more than 0.5 m-1

Fuel Evaporative emissions for spark ignition engines:

not to exceed 2.0 grams per test

For all types of Motorcycles: CO emissions at idleshould not exceed 6%


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GENERAL REQUIREMENTS FOR NEWMOTOR VEHICLES

Manufacturer, Assembler or Importer to provide:

Service Manual for proper use and maintenance ofthe vehicle

Relevant service info or specs to ensure properfunctioning of emission control system andcompliance with emission standards

All gasoline-fueled MVs must be designed to operateon unleaded gasoline


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EMISSION CONTROL FOR IN-USEVEHICLES (Rule XXXII)

Can be renewed registration only upon proof ofcompliance to the emission standards as conductedby LTO using the MVIS or by its duly authorized

Inspection Centers within 60 days prior toregistration.


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ROADSIDE INSPECTION PROCEDURE

Flag down of vehicles suspected of violating emissionstandards thru visual signs

Conduct of emission test using portable emission

testing equipment Exceed of standards: ticket issued to driver; warrant

of constructive or actual distraint issued to owner

Three or more violations within 365-day period:suspension of registration for 1 year


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Roadside Inspection Procedure (Cont.)

Release of vehicle upon payment of fine.

Vehicle plate to be surrendered & driver issuedtemporary pass to allow possession for the purpose

of undertaking needed repairs within 7 days.

Ban of the use in public roads of vehicles released forpurposes of repairs except in going to service centerand to emission testing center.


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Roadside Inspection Procedure (Cont.)

After repair and passing emission test, Certificate ofEmission Compliance to issue.

Driver to recover his vehicle or plates.


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ADMINISTRATIVE REMEDIES TODRIVERS APPREHENDED

If the driver contests the fine imposed and/or theviolation of emission standards charged, he mayappeal to the Traffic Adjudication Service for

hearing.


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SELF REGULATION

Self-regulation among transport stakeholdersencouraged

Private sector initiated projects integrating preventive

maintenance, driver training, sealing of injectionpumps, pre-registration testing, and modifiedapprehension procedure likewise encouraged


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PROHIBITED ACTS UNDERPART IX OF IRR

Misfuelling

Manufacture, Import, Sale of Leaded Gasoline and ofEngines and/or Components Requiring Leaded

Gasoline Manufacture, Import, Sale of Fuels Not According to

Legally Prescribed Specifications


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PHASE-OUT OF OZONE DEPLETINGSUBSTANCES

In conformance to Montreal Protocol, ODS to bephased out according to the schedule as published onJune 27, 2000

Revision of List of ODS when necessary


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GREENHOUSE GASES

Implementation of the National Plan consistent withthe UN Framework Convention on Climate Changeand other International Agreements, Conventions,

Protocols on Greenhouse Gas Emissions.


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The Greenhouse Effect

PERSISTENT ORGANIC POLLUTANTS


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PERSISTENT ORGANIC POLLUTANTS(POPs)

Establishment of Inventory List of all sources of POPssuch as dioxins and furans and their reduction andelimination


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ADMINISTRATIVE ACTIONS (Sec. 40)

May be filed by:

- Motu proprio by the concerned Department

- Any affected person

Cause of Action:

- Violation of the standards or limitations of the law

- Violation of any order, rule or regulation issued bythe concerned Department


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CONCEPT CITIZEN SUITS (Sec. 41)

Legal Actions available: Civil, Criminal,Administrative.

Party Defendants: Any violator; Any Agency

implementing inconsistent rules/regulations; AnyPublic Official who willfully or grossly neglects theperformance of an act specifically enjoined as a dutyunder the Act or the IRR or who abuses his authorityor improperly performs his duties.


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INDEPENDENCE OF ACTION (Sec. 42)

Filing of Admin Case does not preclude filing ofCriminal or Civil Action


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CONCEPT OF SLAPPS (Sec. 43)

Suits and Strategic Legal Action Against PublicParticipation (SLAPPS) to be dismissed

Concept: Where a suit is brought against a person

who filed a Citizen Suit against any person or agency,the Investigating Prosecutor or the Court, shallimmediately make a determination whether said legalaction has been filed to harass, vex, exert unduepressure or stifle such legal recourse


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Concept of SLAPPS (Cont.)

Determination to be made not exceeding 30 days

Upon positive determination, the Court to dismiss thecase and award attorneys fees and DOUBLE

DAMAGES to the defendant


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GOVERNMENT LIEN (Sec. 44)

Fines and Penalties constitute lien upon the personalor immovable property of the violator and enjoypreference over laborers wages

For the specific movables, the lien is occupies firstpreference as provided under Art. 2241 of the NewCivil Code

As to specific immovable, the lien occupies 7thin thehierarchy of preference of credits under Art. 2242 of

the New Civil Code

FINES & PENALTIES


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FINES & PENALTIES(A) STATIONARY SOURCES

Exceedance of Air Quality Standards

Fine: Not more than P100T per day of violation

Fine Rating System based on ability to pay, degree of

willfulness, of negligence, history of non-complianceand degree of recalcitrance


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Defense of Ability to Pay applies only in cases ofNegligence

Absence of any extenuating or aggravating

circumstance, Fine to be imposed is equivalent to ofthe fine for willful violation

Automatic acceleration of Imposable Fines by 10% every3 years


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Accessory Penalties:

- Closure

- Suspension of Development, Construction or

Operations until safeguards are in place Third Offense: Closure

Ex-parte Order of Close or Suspension upon existence ofprima facie evidence of imminent threat to life, publichealth, safety or general welfare

FINES & PENALTIES


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FINES & PENALTIES(B) MOTOR VEHICLES

First Offense: Not exceeding P2T

2ndOffense: Not Less than P2T but not more thanP4T

3rdOffense: Not less than P4T but not more than P6Tplus 1 yr suspension of MVR

Accessory: Complete seminar on pollution controlmanagement.

FINES & PENALTIES


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FINES & PENALTIES(C) Other Provisions

Fine: Not less than P10T but not more than P100T;or

Penalty: 6 mos. to 6 years imprisonment or Both

If offender is juridical person, officials directly incharge to suffer the penalty.


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GROSS VIOLATIONS (Sec. 48)

Deemed Gross Violation

a) 3 or more specific offenses within 1 year

b) 3 or more specific offenses within 3 consecutive

years

c) Blatant disregard of the Orders of the PAB

d) Irreparable or grave damage to environment

Penalty: 610 years imprisonment


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Documents

Republic Act 8749 Lecture