05-SEP-2012 ©)

Republic of the Philippines 25 FM |
HOUSE OF REPRESENTATIVES pp
Quezon City
FIFTEENTH CONGRESS
Third Regular Session

House BILLNo.__ 6935

Introduced by Hon. ANGELO B. PALMONES

Explanatory Note

Many a time even when a company which is violating environmental laws and served a
notice of violations (NOV) or cease and desist order (CDO) by concemed government
agencies continue to operate and violate the laws with impunity. A case in point is the
“floating” restaurant in Taal Lake that had been served an NOV and CDO but continued to
operate in defiance of the orders. The operator reasoned out that they have a business permit
and that gave them the license to defy environmental laws.

An NOV should automatically suspend the business permit of the enterprise and a CDO
should automatically cancel the business permit until such time that the reason or reasons for
the NOV or the CDO have been complied with to the satisfaction of the concerned
government agency that served the NOV or CDO. Municipal local government executives
or mayors therefore have the duty to suspend or cancel the business permits of those
companies served with an NVO or CDO, as the case may be. Failure to do so makes them
liable to penalties

Furthermore, companies that have violated environmental laws and served an NOV or CDO
oftentimes resume operation just after signifying intention to comply with the environmental
requirements. This should not be so. Such companies can only resume operation after full
compliance with the environmental requirements and after their business permit has been
reinstated or renewed.

Concemed government officials such as those in the Environmental Management Bureau
(EMB) who serve the NOV or CDO have no police powers to implement the orders. Thus
despite these measures, environmental violations are perpetuated. For better performance of
their functions and to hasten action on violations, the EMB and other concemed
government agencies must be provided with police powers. On the other hand, officials of
these government agencies that allow erring companies to continue operation just after
promising to comply with environmental laws should also be liable to penalties under the
Anti-graft and corrupt practices law.


In pursuit of protecting the health of the Filipino people and the protection and conservation
the environment from pollution of erring companies and from the neglect of government
officials, this Act should be approved soonest.

ANGELO B. PALMONES
tative, AGHAM Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILLNO,__ 6535

Introduced by Hon. ANGELO B. PALMONES

AN ACT AMENDING R.A. NO, 9275 OTHERWISE KNOWN AS “AN ACT
PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND
FOR OTHER PURPOSES”

Section 1. Additional role of local government units — Section 20, Role of Local
Government Units is hereby amended as follows:

SECTION 20. Role of Local Government Units - Local government units shall share
the responsibility in the management and improvement of water quality within their
territorial jurisdictions.
Each local government unit shall, within six (6) months after the establishment of the
water quality management area action plan, prepare a compliance scheme in
accordance thereof, subject to review and approval of the governing board.
Each local government unit shall, through its Environment and Natural Resources
Office (ENRO) established in Republic Act No.7160, have the following powers and
functions:

a) Monitoring of water quality:

b) Emergency response;

©) Compliance with the framework of the Water Quality
Management Action Plan;

4) To take active participation in all efforts conceming water
quality protection and rehabilitation; and

e) To coordinate with other government agencies and civil society
and the concemed sectors in the implementation of measures to
prevent and control water pollution: Provided, however, That in
provinces/cities/municipalities where there are no environment and
natural resources officers, the local executive concemed may, with
the approval of the Secretary of the DENR designate any of his
official and/or chief of office preferably the provincial, city or
municipal agriculturist, or any of his employee: Provided, finally,


That in case an employee is designated as such, he must have
sufficient experience in environmental and natural resources
‘management, conservation and utilization.

f) The municipal LGU shall suspend the business permit of any
business organization within its jurisdiction which has been
served a Notice of Violation (NOV) from the Department of
Environment and Natural Resources (DENR) until such time
that the violation has been rectified or corrected. The
| LGU furthermore shall cancel the business permit
of any business organization within its jurisdiction which has
been served a cease and desist order (CDO) by the DENR until
such time that the CDO has been lifted. No new business
permit shall be issued during the pendency of a NOV or CDO.

Section 2. Police powers of Environmental Management Bureau officials — Authorized
officials of the Environmental Management Bureau are hereby provided police powers to
implement cease and desist orders (CDO) which includes among others the demolition of
structures causing pollution after giving the erring company sufficient time to comply with
the requirements contained in the NOV and CDO.

Section 3. Fines, damages and penalties — Section 28, Fines, damages and penalties shall be
amended as follows:

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided
herein, any person who commits any of the prohibited acts provided in the
immediately preceding section or violates any of the provision of this Act or its
implementing rules and regulations, shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every
day of violation. The fines herein prescribed shall be increased by ten percent
(10%) every two (2) years to compensate for inflation and to maintain the
deterrent function of such fines: Provided, That the Secretary, upon
recommendation of the PAB may order the closure, suspension of development or
construction, or cessation of operations or, where appropriate disconnection of
water supply, until such time that proper environmental safeguards are put in
place and/or compliance with this Act or its rules and regulations are undertaken.
This paragraph shall be without prejudice to the issuance of an ex parte order for
such closure, suspension of development or construction, or cessation of
operations during the pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence,
shall be punished by imprisonment of not less than two (2) years and not more
than four (4) years and a fine not less than Fifty thousand pesos (PS0,000.00) and
not more than One hundred thousand pesos (P100,000.00) per day for each day of
violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine
water shall be punished with imprisonment of not less than six (6) years and one
day and not more than twelve (12) years, and a fine of Five Hundred Thousand


Pesos (P500,000.00) per day for each day during which the omission and/or
contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution
recommending that the proper government agencies file criminal charges against
the violators. Gross violation shall mean any of the following:

a) deliberate discharge of toxic pollutants identified pursuant to
Republic Act No.6969 in toxic amounts;

‘b) five (5) or more violations within a period of two (2) years; or

©) blatant disregard of the orders of the PAB, such as the non-
payment of fines, breaking of seals or operating despite the
existence of an order for closure, discontinuance or cessation of

operation,

In which case, offenders shall be punished with a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Three million pesos
(P3,000,000.00} per day for each day of violation or imprisonment of not less
than six {6) years but not more than ten {10) years, or both, at the discretion of
the court. If the offender is a juridical person, the president, manager and the
pollution control officer or the official in charge of the operation shall suffer the
penalty herein provided.

For violations falling under Section 4 of Presidential Decree No.979 or any
regulations prescribed in pursuance thereof, such person shall be liable for a fine
of nol less than Fifty thousand pesos {PS0,000.00) nor more than One million
pesos (P1,000,000.00) or by imprisonment of not less than one {1) year nor more
than six (6) years or both, for each offense, without prejudice to the civil liability
of the offender in accordance with existing laws. If the offender is a juridical
entity, then its officers, directors, agents or any person primarily responsible shall
be held liable: Provided, That any vessel from which oil or other harmful
substances are discharged in violation of Section 4 of Presidential Decree No.979
shall be liable for penalty of fine specified in the immediately preceding
paragraph and clearance of such vessel from the port of the Philippines may be
withheld until the fine is paid and such penalty shall constitute a lien on such
vessel which may be recovered in proceedings by libel in rem in the proper court
which the vessel may be. The owner or operator of a vessel or facility which
discharged the oil or other harmful substances will be liable to pay for any clean-
up costs.

Provided, finally, That water pollution cases involving acts or omissions ---
committed within the Laguna Lake Region shall be dealt with in accordance with
the procedure under R. A. No.4850 as amended.

Municipal LGU executives who fail to suspend or cancel business permits 3
months after the issuance of an NVO or CDO or issue new business permits
during the pendency of an NVO or CDO shall be liable to a fine of One


Hundred Thousand Pesos (P100,000.00) or imprisonment of not less than one
year, or both as the Court mandates.

Government officials who allow companies which have been served an NVO
or CDO to operate prior to full compliance with the environmental
requirement for which the NVO or CDO has been served is liable to a fine of
One Hundred Thousand Pesos (P100,000.00) or imprisonment of not less
than one year or both as the Court mandates. Furthermore, such official
shall be deemed separated from the service and forfeits all his/her
government benefits.

Section 4. Implementing Rules and Regulations — The DENR shall issue the implementing
rules and regulations of this Act 60 days from its approval.

Section 5 — Repealing Clause. All laws, decrees, orders, rules and regulations or portions
thereof, inconsistent with this Act are hereby repealed or modified accordingly.

Section 6 — This Act shall take effect 1S days after its complete publication in two
newspapers of general circulation.

Approved