Actions- Penalties Handout

8/11/2019 Actions- Penalties Handout

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Actions

Administrative Actions Involving Stationary Sources

Without prejudice to the right of any affected

person to file an administrative action, the Department

shall, on its own instance or upon verified complaint by

any person, institute administrative proceedings against

any person who violates:

a.

Standards or limitation provided under this Act;

or

b.

Any order, rule or regulation issued by the

Department with respect to such standard or

limitation.

Pollution and Adjudication Board

PAB shall have the sole and exclusive

jurisdiction over all cases of air pollution and all;

matters related thereto, including the imposition ofadministrative sanctions, except as may be provided by

law.

Unless otherwise revised or amended, the

existing rules of the PAB shall apply.

Administrative Actions Involving Motor Vehicles

Actions for any violation of the motor vehicle

pollution control laws may be commenced by any

person by filing a written complaint, or by the DOTC on

its own initiative, of by filing of a charge by any

deputized agent of the DOTC before the Land

Transportation Office.

The proceedings shall be summary in nature.

Citizen Suits

Any citizen may file an appropriate civil,

criminal, or administrative action in the proper courtsagainst:

Any person who violates or fails to comply with

this act.

The Department or other implementing

agencies with respect to orders, rules and

regulations issued inconsistent with this act.

Any public officer who willfully or grossly

neglects the performance of an act specifically

enjoined as a duty by this act or its

implementing rules and regulations

Suits and strategic legal actions against public

participation

Where a suit is brought against a person who

filed an action as provided in Section 41 of the Act, or

against any person, institution or government agency

that implements it, it shall be the duty of the

investigating prosecutor or the court, as the case may

be, to immediately make a determination not exceeding

thirty (30) days whether said legal action has been filed

to harass, vex, exert undue pressure or stifle such legal

recourses of the person complaining of or enforcing the

provisions of the Act. Upon determination thereof,

evidence warranting the same, the court shall dismiss

the case and award attorneys fees and doubledamages.

This provision shall also apply and benefit public

officers who are sued for acts committed in their officia

capacity, there being no grave abuse of authority, and

done in the course of enforcing the Act.

Fines and Penalties

Fines and Penalties for Violation of Standards forStationary Sources

For actual exceedance of any pollution on air

quality standards under the Act or its rules and

regulations,

The DEPARTMENT through the POLLUTION

ADJUDICATION BOARD, shall impose a fine of

not more than 100,000/ day of violation

The PAB shall order the closure, suspension of

development, construction or operations of thestationary sources until such time that prope

environmental saeguards are put in place.

Fines and Penalties for Violation of Standards for

Motor Vehicles

Violation of Vehicle Emission Standards

First Offensefine of P1,000

Second Offensefine of P 3, 000


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Third Offensefine of P 5,000 and the

offender must undergo a seminar on

pollution control and management

conducted by the DOTC/ LTO

Violation with regard to national inspection

and maintenance program (Sec. 21(d))

Any violation of the provisions with

regard to national inspection and

maintenance program, including

technicians and facility compliance shall

be penalized with a fine of fine of not

less than P 30,000 or cancellation of

license of both the technician and the

center, or both , as determined by the

DOTC.

Fines and Penalties for Violation of OTHER provisions

of the Act

Burning of Municipal Waste

o Any person who burn municipal waste

in violation of Sec. 1 and 3 of Rule XXV

shall be punished with 2 years and 1

day to 4 years imprisonment

Burning of Hazardous Substances and Wastes

o

Any person who burns hazardous

substances and wastes in violation of

Sec. 1 of Rule XXV shall be punished

with 4 years and 1 day to 6 years of

imprisonment

Burning of Bio-Medical Waste

o Any person who burns bio-medical

waste in violation of Sec. 4 of Rule XXV


day to 6 years of imprisonment

Smoking in Public Places

o

Any person who smokes inside a publicbuilding or an enclosed public place,

including public utility vehicles or other

means of public transport or in any

enclosed area outside of his private

residence, private place of work or any

duly designated smoking area shall be

punished with 6 months and 1 day to 1

year imprisonment or a fine of P 10,000

Manufacture, Importation, Sale, Offer for Sal

Introduction into Commerce, Conveyance or

other Disposition of Leaded Gasoline

o Any person who manufactures

imports, sells, offers for sale, introduces

into commerce, conveys or otherwise

disposes of, in any manner leaded

gasoline shall be punished with 3 years

and 1 day to 5 years of imprisonment

and liable for appropriate fine

Manufacture, Importation, Sale, Offer for Sal

Introduction into Commerce, Conveyance or

other Disposition of Engines and/or Engine

Components Requiring Leaded Gasoline.

o Any person who manufactures, imports

sells, offers for sale, introduces into

commerce, conveys or otherwise

disposes of, in any manner enginesand/or engine components which

require the use of leaded gasoline shal

be punished with 3 years and 1 day to 5

years of imprisonment and liable fo

appropriate fine

Manufacture, Importation, Sale, Offer for Sale

Dispensation, Transportation or Introduction

into Commerce of Unleaded Gasoline Fue

which do not Meet the Fuel Clasification

o

Any person who manufactures

imports, sells, offers for sale, introduces

into commerce unleaded premium

gasoline fuel in violation of Sec. 3 o

Rule XXXI or which do not meet the fue

specifications as revised by the DOE


day to 5 years imprisonment and liable

for appropriate fine

Manufacture, Importation, Sale, Offer for SaleDispensation, Transportation or Introduction

into Commerce of Automotive Diesel Fue

which do not Meet the Fuel Specification

o Any person who manufactures, imports


commerce automotive diesel fuel in

violation of Sec. 3 of Rule XXXI or which

do not meet the fuel specifications as

revised by the DOE shall be punished


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imprisonment and liable for appropriate

fine

Manufacture, Importation, Sale, Offer for Sale,

Dispensation, Transportation or Introduction

into Commerce of Industrial Diesel Fuel which

do not Meet Fuel Specification

o

Any person who manufactures, imports,


commerce industrial diesel fuel in

violation of Sec. 3 of Rule XXXI or which

do not meet the fuel specifications as

revised by the DOE shall be punished


imprisonment and liable for appropriate

fine

Manufacture, Processing, Trade of Fuel or FuelAdditive Without Prior Registration of the Fuel

or Fuel Additive with the DOE

o Any person who manufactures,

processes or engages in the trade of

any fuel or fuel additive without having

the fuel or fuel additive registered with

the DOE shall be punished with 2 years

and 1 day to 4 years imprisonment and

liable for appropriate fine

Misfuelling

o Refers to the act of introducing or

causing or allowing the introduction of

leaded gasoline into any motor vehicle

equipped with a gasoline tank filler inlet

and labeled unleaded gasoline only

o Any person who misfuels shall be

punished with 3 years and 1 day to 5

years of imprisonment and liable for

appropriate fine.

Gross Violation

Gross violations of the Act or the rules and

regulations shall mean:

3 or more specific offenses within a

period of 1 year

3 or more specific offenses within 3

consecutive years

Blatant disregard of the PAB

Irreparable or grave damage to the

environment as a consequence of any

violation or omission of the provisions

of the Act or the rules and regulations

Penalties

Imprisonment of not less than 6 yearsbut not more than 10 years

Actions- Penalties Handout

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