Upload
faina-ifurung
View
215
Download
0
Embed Size (px)
DESCRIPTION
PAB Lecture
Citation preview
5/23/2018 The Pollution Adjudication Board (Pab)_final
1/24
REVISED RULES OF THE
POLLUTION ADJUDICATION
BOARD (PAB) ON
PLEADING, PRACTICE ANDPROCEDURE IN POLLUTION
CASES (RESOLUTION NO.
01, SERIES OF 2010)JUNE 29, 2010
5/23/2018 The Pollution Adjudication Board (Pab)_final
2/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
3/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
4/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
5/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
6/24
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.
5/23/2018 The Pollution Adjudication Board (Pab)_final
7/24
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)
5/23/2018 The Pollution Adjudication Board (Pab)_final
8/24
COMPOSITIONOFPAB
Composed of the following: Chairman: DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director (ex-officio)
3 others to be designated by the
Secretary
5/23/2018 The Pollution Adjudication Board (Pab)_final
9/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
10/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
11/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
12/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
13/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
14/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
15/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
16/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
17/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
18/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
19/24
5/23/2018 The Pollution Adjudication Board (Pab)_final
20/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
21/24
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
5/23/2018 The Pollution Adjudication Board (Pab)_final
22/24
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
Without compliance With compliance
5/23/2018 The Pollution Adjudication Board (Pab)_final
23/24
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
Without compliance With compliance
5/23/2018 The Pollution Adjudication Board (Pab)_final
24/24
THANK YOU
BY: FAINAC. IFURUNG
EMBCALABARZON