What
is CDO (Cease and Desist
Order)
* Directs
the discontinuance of the emission
or discharge of pollutants or the
temporary cessation
of operation of the establishment
or person generating such pollutants.
* Immediately
executory, to be implemented not later
that 72 hours from receipt hereof
by the Regional
Office and to remain in full force
and effect until the same is modified
or lifted by the
Board.
Grounds of CDO
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
* Exceeds
the allowable DENR Standards.
What is TLO (Temporary
Lifting Order)
Suspends effectivity of the CDO and
allows respondent to temporarilly
resume operations during the pendency
of proceeedings before the Board.
this will allow respondent to construct
/ upgrade its pollution control device.
Types of TLO
For purposes of implementing pollution
control programs
For sampling purposes
Requirements for Issuance
of TLO for Sampling Purposes
Proof of employment of a pollution
control officer duly accredited by
the DENR pursuant to DAO No. 26, Series
of 1992
Notarized undertaking, signed by the
respondent or his huly empowered managing
head, to comply with the conditions
set by the Board
Such other conditions which the Board
may deem appropriate under the circumstances
Requirements for Issuance
of TLO for implementing Pollution
Control Programs
* Comprehensive
pollution control program, including
plans and specifications of the firm's
anti-pollution
facility, budget and gantt chart of
activities relative thereto
* Surety
bond equivalent to 25% of the total
cost of the pollution control program
* Detailed
description of the interim remedial
measure to be instituted to mitigate
pollution pending
the completion of the pollution control
program.
*
Proof of employment of a pollution
control officer duly accredited by
the DENR pursuant to DAO
No. 26, Series of 1992
* Notarized
undertaking, signed by the respondent
or his duly empowered managing head,
to
comply with the conditions set by
the Board
Such
other conditions which the Board may
deem appropriate under the circumstances
FLO (Formal Lifting
Order)
* Termination
of a case after full compliance with
DENR Standards and full payment of
fines. w/o
prejudice to future actions that may
commence against respondent as warranted
by law
or new circumnstance. Upon payment
of fines and compliance with DENR
Standards.
THRUST
OF THE PAB
The thrust of the present PAB is to
resolve cases that have remained pending
with the Board for more than 10 years,
thus Board conducts its regular hearing
at least once a week in order to ensure
the deliberation of pending cases
as well as immediate actions of the
cases elevated by the Regional Office
to the PAB.
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