Question & AnswerQ&A (PAB Resolution NO. 04, S. 2003)
Under RA 8749, a fine of not more than PHP 100,000.00 per day of violation shall be imposed against the owner or operator of a stationary source for actual exceedance of any pollution or air quality standards until such time that the standards are complied with.
The PAB considers the violator's ability to pay, degree of willfulness, degree of negligence, history of non-compliance, and degree of recalcitrance to adjust the maximum fine.
In the absence of extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.
For fuel burning equipment such as coal-fired, oil-fired, bagasse, and other solid fuels, the parameters include PM, SOx, NOx, CO, trace elements, VOC, and other relevant industrial emission parameters included in the National Emission Standards for Source Specific Air Pollutants (NESSAP).
Points for degree of willfulness are assigned as follows: first offense - 3 points, second offense - 5 points, third or more offenses - 10 points, with a maximum of 10 points for misrepresentation or misleading statements.
Acts of recalcitrance include refusal of entry to PAB authorized representatives without justifiable reason, non-acceptance or refusal to execute a PAB Order, and non-appearance during technical conferences or hearings without justifiable reasons.
Pollution exceedance points are assigned as follows: up to 30% - 10 points, greater than 30% up to 50% - 20 points, greater than 50% up to 70% - 30 points, greater than 70% up to 85% - 40 points, greater than 85% up to 90% - 50 points, and greater than 90% - 60 points.
The maximum fine for micro, cottage, and small enterprises with total assets of PhP 150,000 and below is PhP 10,000.00.
The PAB may require notarized Pollution Control Officer (PCO) reports, Continuous Emission Monitoring System (CEMS) printouts, Income Tax Return (ITR), SEC/DTI registration papers, audited financial statements, and other relevant documents.
The period starts from the date of inspection and sampling showing violation until the day prior to the execution of the Cease and Desist Order (CDO) or compliance with DENR emission standards, excluding days not operating, equipment breakdowns with proper notice, force majeure, or stoppage in full compliance with a CDO.