Resolution No. 10-A Revised Guidelines for Rating Fines

RESOLUTION NO. 10-A REVISED GUIDELINES FOR RATING FINES WHEREAS, it has been experienced that computation of fines based on the previously approved guidelines per Resolution No. 10 dated 09 June 1988 was tedious requiring a number of calculations using different factors; WHEREAS, the Pollution Adjudication Board (PAB) aims to simplify the computation of these fines; RESOLVED, as it is hereby resolved, that the following are the revised guidelines for rating fines as the PAB has the power to impose penalties of fines pursuant to Section 9 of P.D. No. 984. For various degrees of violations the guidelines shall be applied independently to water, air, noise and odor pollution in such away that a company causing any combination or all of these types of environmental pollution shall pay the total or the summation of the individual computed fines on air, water , noise, odor plus other fines. However, the total fine shall not exceed P5,000.00 for each day of violation. I. WATER POLLUTION For various degrees of violations, the following factors and the corresponding maximum points shall be considered. A. Stream Classification - 30 points B. Pollution Load and/or - 70 points Equivalent T o t a l - 100 points A. Steam Classification Points rating shall depend on the official classification of the receiving body of water. In cases where the body of water is not classified officially the upstream and downstream of said body of water shall be immediately classified according to the provisions of P.D. 984 and its Implementing Rules and Regulations. Classification Points SD D 10 SC C 15 SB B 20 SA A 30 For Class AA water effluent discharge is absolutely prohibited. B. Pollution Load and/or Equivalent 1. For “Conventional and other Pollutants” (Section 5 of the “Effluent Regulation of 1982” as amended by Section 5 of DENR Administrative Order No. 35, Series of 1990) points shall be determined on the exceedances of water quality parameters from the corresponding standards. The exceedances shall be expressed in absolute weight (kilogram) on a daily basis and shall be added accordingly. Pollution Load Exceedances Points Kg/day up to 5 5 6 – 15 10 16 – 30 15 31 – 45 25 46 – 60 35 61 – 75 50 more than 75 70 For non-quantifiable parameters such as pH, temperature, etc., additional ten (10) points per parameter shall be included in the summation of total points if exceedance is 10% or more of the standard. For exceedances of less than 10% of the standard the following Table shall apply: Percentage Exceedance Points up to 1.9% 1 2.0% - 3.9% 2 4.0% - 5.9% 4 6.0% - 7.9% 6 8.0% - 9.9% 8 2. In view of the very few numerical values of the standards for “Heavy Metals and Toxic Substances” (Section 4 of Effluent Regulations of 1982 as amended by Section 4 of DENR Administrative Order No. 35, Series of 1990) compared to those of the “Conventional and Other Pollutants” equivalent number of points corresponding to percent exceedance shall be applied instead of “pollution load”, as indicated below. Percentage Exceedance Points Up to 50% 40 50% - 100% 50 more than 100% 60 Note: Only a maximum of seventy (70) points shall be considered in the total summation of points of item B above. (Example: If total summation of points in items B (1) and B (2) is 95, in the computation of fines). 3. For any existing industry that produces strong wastes (BOD equal to or greater than 3000 mg/l) a penalty fee of five pesos (P5.00) per kilogram of BOD discharged per day exceeding the standards shall be imposed but not to exceed P 5,000/day pursuant to Section 8, paragraph (f) of DENR Administrative Order No. 35, Series of 1990. SCHEDULE OF FINES The total summation or points from the “stream classification” and the pollution load and/or equivalent factors and the corresponding fines are shown below. Points Fines/day 20 or less P 100.00 21 - 30 200.00 31 - 40 350.00 41 - 50 550.00 51 - 60 1,000.00 61 - 70 2,000.00 71 - 80 3,000.00 81 - 90 4,000.00 91 - 100 5,000.00 Notes: a) Pollution load on a daily basis shall be defined as the pollution load per day regardless of the number of hours the firm is in operation (Ex. 4 hrs. operation, 8 hours operation, etc.) b) The fines shall be computed from the date of inspection when violation was noted up to the time the respondent cease operation or issued TP/O or P/O. A fraction of a day of plant operation i.e. 4 hrs. operation, 8 hrs. operation, shall be considered one (1) whole day of operation. c) For marginal industries the capitalization of which is P 2.0 M and below, the total fine shall not exceed P10,000.00 II. AIR POLLUTION For various degrees of violations, the following factor and the corresponding maximum points shall be considered. A. Land-use Classification - 30 points B. Pollution Load - 70 points 100 points A. Land-use Classification Points rating shall depend on the official land-use classification where the firm is situated or, in the absence of such classification the predominant land-use shall govern. Land-use Classification Points 1. Urban Industrial/Commercial 5 2. Urban Residential 10 3. Rural Industrial/Commercial 20 4. Rural/Residential/ Agricultural/ 30 Protected Areas Note: Urban - cities and first class municipalities Rural - municipalities other than “urban” May not be applicable since maximum points is 30 Page 4, item II (A) B. Pollution Load Pollution load (Section 58 & 59, 1978 IRR of NPCC) computed in kg/hr. in excess of the allowable emission standard and the corresponding points assigned are shown in the following table: Pollution Load Exceedance (kg/hr) Points Up to 7 5 7.1 - 15 15 15.1 - 22 25 22.1 - 30 35 30.1 - 40 50 more than 40 70 SCHEDULE OF FINES: Refer to Water Pollution Schedule of Fines Notes: a) In cases of the absences of stack sampling result the pollution load may be estimated through the use of emission factors. (AP 42) b) For marginal industries with capitalization of P 2M and below, the total fine must not exceed P 10,000.00. III. NOISE POLLUTION For various degrees of violations the following factors and the corresponding maximum points shall be considered: Factors Points a) Classification of General 25 b) Time Frame of Violation 25 c) Noise Level Reading in 50 Excess of Allowable Standards A. Classification of General Area Point rating shall be based on the official land-use classification of the area where the violation occur. In the absence of such classification, the primary land use of the area shall govern. Each classification and the corresponding points are-shown below: Classification of Area Points D 5 C 10 B 15 A 20 A-A 25 B. Tine Frame of Violation Points rating shall be based on the period of day during which violation occurs. For this purpose, the 24-hrs. period has been divided as follows: 1. Morning (5:00 AM to 9:00 AM) 2. Daytime (9:00AM to 6:00 PM) 3. Evening (6:00 PM to 10:00 PM) 4. Night time (10:00 PM to 5:00 AM) The time periods and the corresponding points are indicated below: Time Period Points Daytime 5 Morning and Evening 15 Night time 25 C. Noise Level Reading in Excess of Standards Points rating shall be based on the exceedance of noise level sampling tests results from standards. Exceedance Points (DBA) 1 1 2 2 3 3 4 4 5 5 6 7 7 9 8 11 9 13 10 15 11 18 12 21 13 24 14 27 15 30 16 34 17 38 18 42 19 46 20 50 SCHEDULE OF FINES The total points gathered for the 3 factors considered shall correspond to a daily fine as shown in the following tables: Points Fine/day 10 or less 11 - 20 100.00 21 - 30 200.00 31 - 40 300.00 41 - 50 600.00 51 - 60 1,000.00 61 - 70 2,000.00 71 - 80 3,000.00 81 - 90 4,000.00 91 - 100 5,000.00 IV. PERMIT REGULATION VIOLATIONS A. The following schedule of fines shall be applicable to firms without air and water pollution permits to operates: Duration without permit Penalty One (1) month Permit Fee + 10% Permit Fee Two (2) months Permit Fee + 20% Permit Fee Three (3) months Permit Fee + 30% Permit Fee Four (4) months Permit Fee + 40% Permit Fee Five (5) months Permit Fee + 50% Permit Fee Six (6) months Permit Fee + 60% Permit Fee B. Failure to secure “Authority to Construct” P1,000.00 For marginal industries a surcharge penalty rate of P 100 per month shall be imposed instead of the above percentage. Note: a) A fraction of a month (2nd day, 3rd day, etc.) is considered as one (1) month. b) For more than one (1) year without permit additional surcharge of 10% for every month shall be included in the 120% surcharge i.e. one year 3 mos. without permit – 150% surcharge of fee. V. VIOLATION OF ADMINISTRATIVE ORDERS/DIRECTIVES Violation Marginal Non-Marginal Industry Industry 1. Non-submission of PCO P50/notice P200/notice quarterly report on time 2. Non-posting of permits 25/notice 100/notice 3. Non-installation of 100/notice 400/notice sampling ports when directed Approved and signed this 9th day of March 1992, Quezon City. (Original Signed) FULGENCIO S. FACTORAN, JR. Secretary, Department of Environment and Natural Resources CHAIRMAN (Original Signed) (Original Signed) DELFIN J. GANAPIN, JR. TEMISTOCLES S. DEJON, SR. Assistant Secretary Member Member (Original Signed) ATTY. ANTONIO TRIA Undersecretary Member (Original Signed) (Original Signed) RODRIGO U. FUENTES PORFIRIO C. MACATANGAY OIC-Director, EMB Member Member