Requirement for Submission of SMRs for Firms with Pending PAB Cases
- The Pollution Adjudication Board (PAB) reviewed and found the amended SMR format to be more comprehensive and suitable for evidentiary requirements in litigation.
- PAB resolved to adopt the amended SMR format and repeal its Resolution No. 02, Series of 2001 which prescribed the old reporting format.
- PAB confirmed that DAO No. 2003-27 does not limit its authority to require monthly SMR submission.
Mandatory Reporting Requirements by Firms
- Firms with pending PAB cases must submit several reports:
- One-time submission of a General Information Sheet (Module 0).
- Submission of General Information (Module 1) when there are changes affecting the general information.
- Monthly submission of SMR (Module 3) for violations related to P.D. 984 (water pollution).
- Monthly submission of SMR (Module 4) for violations related to R.A. 8749 (air pollution).
- Submission of other undertakings or events as provided in Module 6 of the Procedural Reference Manual as needed.
Formalities and Compliance Monitoring
- All SMRs must be sworn under oath and signed by the firm’s managing head and its Pollution Control Officer.
- SMRs shall be duly received by the Environmental Management Bureau Regional Office responsible.
- All Regional Offices are required to submit a semi-annual report to the PAB listing all companies that have complied with the SMR submission requirement.
Legal and Administrative Implications
- The resolution ensures that the monitoring and reporting by firms with pending pollution cases are standardized and aligned with the evidentiary needs in pollution litigation.
- Continued compliance is overseen by both the firms and the Board through systematic submission and verification of SMRs.
- The repeal of previous resolution and adoption of the amended format reflect the regulatory evolution responding to environmental enforcement needs.