Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
51 views9 pages

LP & EC Flowchart

This document outlines the process and procedures for developing and adjudicating pollution cases in the Philippines. It begins with sampling and laboratory analysis to detect violations, followed by a notice of violation. The polluter then takes remedial measures and more sampling. Without compliance, a cease and desist order is issued. With compliance, fines may be imposed to conclude the case. For adjudication, a cease and desist order can be challenged in a temporary lifting order request. Compliance or non-compliance determines if fines are imposed or the case is closed. Decisions can be appealed but are immediately executable. Criminal cases are only filed for gross violations.

Uploaded by

khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
51 views9 pages

LP & EC Flowchart

This document outlines the process and procedures for developing and adjudicating pollution cases in the Philippines. It begins with sampling and laboratory analysis to detect violations, followed by a notice of violation. The polluter then takes remedial measures and more sampling. Without compliance, a cease and desist order is issued. With compliance, fines may be imposed to conclude the case. For adjudication, a cease and desist order can be challenged in a temporary lifting order request. Compliance or non-compliance determines if fines are imposed or the case is closed. Decisions can be appealed but are immediately executable. Criminal cases are only filed for gross violations.

Uploaded by

khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 9

EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE

Sampling Laboratory analysis Issuance of


(Air Emission or Notice of Violation (NOV)
Wastewater Discharge)

Remedial / Mitigating measures


Sampling Technical Conference

Without compliance With compliance

Issuance of Imposition of Fines


Cease and Desist Order and termination of the case
EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE

Execution of Motion for the Issuance of


Cease and Desist Order Temporary Lifting Order (TLO)
by the Regional Office

Compliance with TLO Requirements

Issuance of TLO
Sampling
by PAB

Without compliance With compliance

- Closure Imposition of Fines


- Imposition of Fines and Issuance of
- Forfeiture of bond Formal Lifting Order
Cease and Desist Order
 directs the discontinuance
of the emission or discharge
of pollutants

 immediately executory, to
be implemented not later
than 72 hours from receipt
thereof by the Regional
Office
Grounds for the issuance of
a Cease and Desist Order
when the Board finds prima facie
evidence that the emission or discharge
of pollutants:
 constitutes an immediate threat
to life, public health, safety or
welfare or to animal or plant life;
or
 greatly exceeds the allowable
DENR standards
Additional Bases for issuance
of the CDO
• Commission of any of the prohibited acts
enumerated in the Clean Water Act
Finality of PAB’s Decisions
• Any order, resolution or decision of the Board,
Regional Office or DENR Secretary shall
become final and executory fifteen (15) days
after the receipt of a copy thereof by the party
adversely affected, unless a motion for
reconsideration is filed or an appeal is
perfected within said period. One motion for
reconsideration may be filed, which shall
suspend the running of the said period. The
mere filing of an appeal shall not stay the
decision of the Board
Appeal from the Orders of
the Board
• Appeals taken from orders of the Board
shall be taken by filing a verified petition
for review with the Court of Appeals.

• However, the appeal shall not stay the


execution of such judgment or Order of
the Board.
INSTANCES WHEN
CRIMINAL CASES WILL BE
FILED BEFORE THE COURTS
• Only in cases of gross violations under
Section 48 of RA 8749 and Section 28 of
RA 9275

You might also like