EMB Manual of Uniform Procedure

March 16, 2017

EMB MEMORANDUM CIRCULAR NO. 002-17

 

Consistent with our efforts to strengthen the Bureau's legal capacity in the implementation and enforcement of the environmental laws under our mandate; and in order to standardize and harmonize the regulatory and adjudicatory procedures under each law, the EMB Manual of Uniform Procedure is hereby adopted.

All memoranda, memorandum circulars, and other issuances with provisions inconsistent with the provisions of this Manual are herewith repealed, amended or modified accordingly.

Non-compliance with the provisions of the Manual shall be subject to administrative liability in accordance with Civil Service and other pertinent laws, rules and regulations.

This Memorandum Circular shall take effect fifteen (15) days upon its publication in two (2) newspapers of general circulation and upon submission of three (3) certified copies thereof to the Office of the National Administrative Register of the University of the Philippines Law Center pursuant to Section 3, Chapter 2, Book VII of Executive Order No. 292, otherwise known as the Administrative Code of 1987.

(SGD.) JACQUELINE A. CAANCANIn-Charge, Office of the Director and Concurrent Assistant Director

Recommending approval:

(SGD.) ATTY. CARMELO R. SEGUIChief, Legal Division

ATTACHMENT

About this Manual

This Manual of Uniform Procedure of the Department of Environment and Natural Resources-Environmental Management Bureau aims to standardize all the processes involving accreditation, registration, issuances of clearances, permitting and enforcement within the bureau, as well as adjudication of environmental cases and complaints brought before it. With the approval of this manual, it effectively harmonizes and uniforms the procedures in the different Regional Offices. This was a product of the combined efforts of the EMB Legal group and the University of the Philippines Law Center-Institute of International Legal Studies.

The Manual is divided into: regulatory procedure, which includes permitting, accreditation and registration, and adjudicatory procedure. The regulatory procedure outlines the different processes for permitting, registration, accreditation, and other forms of authorizations issued by the EMB. The adjudicatory procedure involves the procedure when any interested individual files a complaint with the different offices adjunct to the DENR-EMB. The annexes include the different templates, forms, checklists, flowcharts, penalties, matrices and the organizational chart of the EMB.

Acknowledgment

This Manual was a product of the collaborative efforts of various individuals from the Environmental Management Bureau-Department of Environment and Natural Resources (DENR-EMB) n and the University of the Philippines Law Center-Institute of International Legal Studies (UPLC-IILS). From the DENR-EMB, we would like to thank DENR Undersecretary Jonas R. Leones, DENR Undersecretary Juan Miguel T. Cuna, DENR Director Gilbert C. Gonzales, EMB Regional Director Eva S. Ocfemia, EMB Assistant Director Jacqueline A. Caancan and EMB Director Metodio U. Turbella. Our utmost gratitude also goes out to all the EMB Regional Directors and Technical Division Chiefs at the Central Office and Regional Offices who gave their comments on the initial drafts. We are, likewise, grateful to the EMB Legal Division and the EMB-OSG Task Force for all their inputs and support. Most especially, we express our heartfelt thanks to former DENR Secretary Ramon J. Paje, as well as former DENR Secretary Gina R. Lopez, for their encouragement and patronage of this project, and to incumbent DENR Secretary Roy A. Cimatu for accepting and appreciating our modest yet significant contribution.

Gratitude goes out to the different members of the UP College of Law and the UP Law Center who pledged their full support to the manual. Our legal consultants include Dean Danilo L. Concepcion and Associate Dean Concepcion L. Jardeleza, Professors H. Harry L. Roque, Jr. and Edgardo Carlo L. Vistan II. This manual would not have been possible without the Legal and Technical Working Group composed of Dean Pacifico A. Agabin, DENR Assistant Secretary Daniel M. Nicer, Atty. Roger Rayel, Atty. Edsel F. Tupaz, Atty. Mark Richard Evidente, Atty. Maricel N. Seno, Atty. Michael Drake Matias, Atty. Carmelo R. Segui, EMB Regional Director Lormelyn E. Claudio, EMB Regional Director Vizminda A. Osorio and Ms. Fatima E. Millan. We would also like to thank our researchers who worked tirelessly on the manual Atty. Marwil N. Llasos, Atty. Celeste Ruth Cembrano-Mallari and Atty. Carlo Miguel Romeo S. Go. Lastly, we would like to thank the backbone of this project, the Secretariat composed of Ms. Aurelia T. Tolentino, Ms. Milagros R. Baetiong, Ms. Virgilet S. Encarnacion, Mr. Mario A. Dela Cruz, Mr. Renell B. Amigo and Ms. Jenelyn A. Simon.

Acronyms

CDO — Cease and Desist Order

CENRO — Community Environment and Natural Resources Office

CMR — Compliance Monitoring Report

CMVR — Compliance Monitoring and Validation Report

CPD — Clearance and Permitting Division

DENR — Department of Environment and Natural Resources

ECA — Environmentally Critical Area

ECC — Environmental Compliance Certificate

ECP — Environmentally Critical Project

EIA — Environmental Impact Assessment

EIARC — Environmental Impact Assessment Review Committee

EIS — Environmental Impact Statement

EMB — Environmental Management Bureau

EMED — Environmental Monitoring and Enforcement Division

EMoP — Environmental Monitoring Plan

EMP — Environmental Management Plan

LGU — Local Government Unit

MGB — Mines and Geosciences Bureau

MMS — Multi-partite Monitoring System

MMT — Multi-partite Monitoring Team

NOV — Notice of Violation

ONAR — Office of the National Administrative Register

PAB — Pollution Adjudication Board

PCD — Pollution Control Division

PEMU — Provincial Environmental Management Unit

PENRO — Provincial Environment and Natural Resources Office

PTT — Permit to Transport

RD — Regional Director

SMR — Self-Monitoring Report

EMB Manual of Uniform Procedure

I. GENERAL PROVISIONS

1.1. Purpose. — This Manual of Uniform Procedure, hereinafter referred to as "Manual," provides a uniform procedure in the accreditation, registration, issuance of clearances, permitting and enforcement functions of the Environmental Management Bureau (EMB), as well as adjudication of environmental cases and complaints brought before the EMB.

1.2. Scope. — The scope of this Manual is specifically confined to the following five (5) environmental laws: PD 1586 (Philippine Environmental Impact Statement System of 1978), RA 6969 (Toxic Substances and Hazardous, and Nuclear Wastes Control Act of 1990), RA 8749 (Philippine Clean Air Act of 1999), RA 9003 (Ecological Solid Waste Management Act of 2000), RA 9275 (Philippine Clean Water Act of 2004), their Implementing Rules and Regulations, and any related environmental regulations and issuances being administered by the EMB.

1.3. Definition of Terms. —

a. Accreditation — refers to the process of formal recognition by the EMB that a third-party is competent to carry out functions and activities to comply with government standards and environmental laws, rules and regulations.

b. Case handler — officer delegated by the Regional Director or the Chief, Clearance and Permitting Division (CPD) to handle the application for permits, clearances and Environmental Compliance Certificates (ECC).

c. Cease and Desist Order (CDO) — shall refer to a formal demand immediately directing a person, facility, or any business entity to stop or refrain from doing, conducting an act or continuing a particular activity or course of action in violation of environmental laws; such as but not limited to, the operation of a particular machine, equipment, process or activity or doing a particular act expressly prohibited by law.

d. CENRO — shall mean any of the Community Environment and Natural Resources office of the Department of Environment and Natural Resources (DENR).

e. Compliance Monitoring Report (CMR) — a semi-annual report submitted by the project proponent to EMB to report its self-monitoring of compliance with the requirements under the Philippine Environmental Impact Statement (EIS) System.

f. Compliance Monitoring and Validation Report (CMVR) — the report accomplished by the Multi-partite Monitoring Team upon validation of the CMR submitted by the proponent.

g. Clearance and Permitting Division (CPD) — the division at the Regional Office that handles the screening and processing of application for permits, accreditation, registration and clearances as required by environmental laws.

h. Decision — refers to the ruling of the EMB Director or Regional Director granting or denying the opposition to the application for a permit, registration or accreditation, or to the judgment of the EMB Director or Regional Director on a complaint filed under adjudicatory procedure. Every decision promulgated by the EMB Director or Regional Director shall be in writing and shall clearly and distinctly state the facts and the law on which it is based.

i. Duly authorized officer — an officer designated by a sole proprietor through a special power of attorney, or an officer of the applicant corporation or partnership conferred through a board resolution the authority to engage in the application before the EMB in behalf of the applicant corporation.

j. Environmental Compliance Certificate (ECC) — document issued by the DENR/EMB after a positive review of an ECC application, certifying that the Proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan (EMP) to address the environmental impacts and to operate within the best environmental practice.

k. Environmental Impact Assessment (EIA) — process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare.

l. EIA Review Committee (EIARC) — body of independent technical experts and professionals of known probity from various fields organized by the EMB to evaluate the EIS and other related documents and to make appropriate recommendations regarding the issuance or non-issuance of an ECC.

m. Environmental Impact Statement (EIS) — document, prepared and submitted by the project Proponent and/or EIA Consultant, that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management Plan/Program that the proponent will fund and implement to protect the environment.

n. Environmental Management Plan (EMP) — a section in the EIS that details the prevention, mitigation/management and monitoring measures to enhance positive impacts and minimize negative impacts and risks of a proposed project or undertaking. It also includes contingency and compensation plan for environmental impacts and risks.

o. Environmental Monitoring Plan (EMoP) — a part of the EMP which indicates specific parameters to be monitored for identified environmental aspects and impacts, the sampling and measurement plan and the corresponding management scheme.

p. Environmental Monitoring and Enforcement Division (EMED) — the division in the Regional Office that conducts performance reviews and compliance or non-compliance with the environmental laws and regulations.

q. Environmentally Critical Area (ECA) — environmentally sensitive area declared through Proclamation 2146 (1981) wherein significant environmental impacts are expected if certain types of proposed projects are located, developed or implemented in it.

r. Environmentally Critical Project (ECP) — project or program that has high potential for significant negative environmental impacts as defined under Presidential Proclamation Nos. 2146 (1981) and 803 (1996); described under existing EMB guidelines; and such other projects that may be declared by the President.

s. Filing fees — fees required to be paid for the filing of the application.

t. Hearing officer — officer duly designated by the EMB Director or Regional Director to conduct the technical conference.

u. Investigation officer — officer duly designated by the EMB Director or Regional Director to investigate on the complaint or any reported environmental law violation.

v. Mission order — order issued by the EMB Director or Regional Director to an officer to inspect or investigate the plant, site, project area or premises of the applicant.

w. Multi-partite Monitoring Team (MMT) — an independent entity whose membership represents primarily the stakeholders/public that is intended to assist the DENR in monitoring environmental impacts and compliance with the Philippine EIS System requirements and other environmental laws as a third party entity. The MMT scheme is intended to enhance participation and transparency at the post-ECC issuance stage of the EIA process.

x. Notice of Violation (NOV) — document issued to a person, facility or business entity informing that person, facility or entity that certain acts or omissions in the course of its business operation or relating to the conduct of its business have been committed or are continuously being committed in violation of pollution or environmental management law/s.

y. Order — refers to the ruling which disposes of motions, matters or issues raised before the EMB Director or Regional Director. Every order promulgated by the EMB Director or Regional Director shall be in writing and shall clearly and distinctly state the facts and the law on which it is based.

z. PENRO — shall mean the Provincial Environment and Natural Resources Office of the DENR having jurisdiction over the area.

aa. Permit — legal authorization to engage in or conduct any construction, operation, modification or expansion of any installation, operation or activity reasonably expected to affect the environment.

bb. Permit fees — fees required for the approval of a permit.

cc. Pollution Control Officer — a technical person competent in pollution control and environmental management, performing the duties and responsibilities in a particular establishment and officially accredited by the EMB Regional Office to perform such responsibilities.

dd. Provincial Environmental Management Unit (PEMU) — unit under the EMB Regional Office institutionalized to assist the Regional Offices in the implementation of environmental laws. Specifically, it would coordinate with the Local Government Units (LGUs) and perform site verification in support of the evaluation of ECCs or environmental permits being performed by the Clearance and Permitting Division of the Regional Offices.

ee. Processing fees — fees required to be paid for the processing of the application.

ff. Receiving officer — officer delegated by the EMB Director or Regional Director to receive applications for permits.

gg. Registration — the recording of and certification by the EMB of a natural or juridical person as having the qualifications and capability to perform acts or to engage in activities that are regulated by the EMB.

hh. Resolution — refers to the ruling formally lifting the Interim CDO or terminating the case filed under adjudicatory procedure. Every resolution promulgated by the EMB Director or Regional Director shall be in writing and shall clearly and distinctly state the facts and the law on which it is based.

ii. Respondent — The person defending or denying; the party against whom a complaint is filed against.

jj. Reviewing authority — refers to the officer tasked with reviewing the report of the evaluation officer.

kk. Self-Monitoring — a process by which a source measures the concentration of pollutants of its emissions, discharges and/or performance parameters to provide information on the nature of the pollutant discharge and/or the operation of control technologies.

ll. Technical conference — a meeting between the EMB and the respondent, with or without the presence of a complaint, for the purpose of discussing/clarifying particularly environmental concerns, pollution prevention commitment and appropriate technical solutions, and/or remedial measures for the prevention, abatement, or mitigation of pollution.

mm. Travel order — an order issued by the EMB Director or Regional Director granting the holder the authority to attend official functions other than inspection or investigation.

II. REGULATORY PROCEDURE

2.1. Coverage. — Unless otherwise specified, the Regulatory Procedure applies to permitting, registration, accreditation, and other forms of authorization issued by the EMB.

2.2. Permitting, Accreditation or Registration. —

2.2.1. Securing Permit, Certificate of Registration or Certificate of Accreditation. — A permit, certificate of registration or certificate of accreditation must be secured for the authorization of any particular act when it is required by relevant law, rules or regulations.

2.2.2. Filing of Application. —

a. Basic Qualifications of Applicant. — An applicant for a permit, certificate of registration or certificate of accreditation or any other form of authorization before an EMB office may be a natural or juridical person not otherwise disqualified by law. A natural person must be of legal age with a verifiable residence in the Philippines. A juridical person must show proper registration with appropriate Philippine government offices and must be represented by a duly authorized officer.

b. Place of Filing of Application. — As may be provided by law or regulation, an application for permit, certificate of registration or certificate of accreditation must be filed with the EMB Central Office or with the EMB Regional Office or, as may be authorized by the Regional Director, with the PEMU having jurisdiction over the project or activity.

c. Form and Requirements of Application. — An application must be made through the prescribed application form. The attached documents must be certified true copies and the original must be presented for verification should the EMB so require.

 In the case of ECC application, the project Proponent shall submit to the EMB Central or Regional Office the EIA Report (EIS/EPRMP) for procedural screening. The Case Handler will procedurally screen the EIA report based on the scoping agreement or the Terms of Reference of the EIA study. There is no limitation on the number of times the EIS/EPRMP will be returned to the project proponent due to non-compliance with the scoping agreement. If the EIA report is found complete after screening, the EMB will advise the project Proponent to submit ten (10) copies of the EIA report (with electronic copy) for substantive review of the EIARC.

d. Documentary Requirements. — Aside from the original and/or certified true copy of the documents required by each specific permit, certificate of registration or certificate of accreditation, all applications must be accompanied by the following documents before they can be processed:

i. Official letter of request;

ii. Accomplished application form; and

iii. Other documents required by law, rules and regulations.

e. Applications; When Received. — The CPD of the EMB Regional Office, through its appropriate Technical Section or the appropriate Technical Division of the EMB Central Office, or duly authorized PEMUs, shall exercise due diligence in evaluating the completeness of an application for a permit, registration or accreditation. The receiving officer shall fill up the due diligence checklist for this purpose. Upon determination that all listed documentary requirements have been submitted and that all deficiencies have been settled, the application shall then be deemed received. Thereafter, an order for the payment of filing and processing fees shall be issued. In the case of applications filed with duly authorized PEMUs, the application together with the supporting documents shall be submitted to the appropriate EMB Regional Office within a period of five (5) working days. (Annex A-1)

f. Applications; When Filed. — An application is deemed duly filed once the listed documentary requirements are completely submitted with the EMB Central Office or EMB Regional Office and the corresponding fees are fully paid.

g. Filing and Processing Fees. — No fees for securing a permit, certificate of registration or certificate of accreditation shall be collected unless prescribed by law or regulation. A permit or accreditation fee shall be paid prior to the approval of the permit, certificate of registration or certificate of accreditation. An official receipt must be issued for all fees paid.

2.2.3. Online Applications. — In certain cases, an application may be filed online. The application shall be deemed filed with the EMB Central Office or with the EMB Regional Office having jurisdiction over the project or activity, as may be provided by law, rule or regulation. An online application shall be subject to special rules and regulations as may be promulgated by the EMB, consistent with the following general requirements and procedures:

a. The EMB shall dedicate a website for online applications for permits, certificates of registration, or certificates of accreditation;

b. Where applicable, applications qualified for exemption shall be issued a letter of exemption online instead of a Compliance Certificate, except for the ECC Online System where no letter of exemption is issued;

c. The proponent/applicant shall be allowed to submit confidential information directly to the office delegated in the online application after submission of their online application, except for ECC online which requires all documents to be submitted online;

d. The proponent/applicant may contact the office identified to entertain online application queries or the contact number/s indicated at the online permitting website on technical or other matters. For the ECC online, all queries and responses should be coursed through the online system once application is filed;

e. Payment of the applications may be made at the EMB Central Office, Regional Offices, or other institutions as may be initiated and allowed;

f. All permits, certificates of registration or certificates of accreditation issued may be validated through the Statistics and Information Systems Management Section of the Policy Planning and Program Development Division of the EMB. Certified True copies of the online certificates may be requested also from the Records Section of the EMB.

2.2.4. Action on Application. —

a. Notice. — Notice of the application shall be posted, once it is deemed filed, for ten (10) consecutive days on the website and/or bulletin boards of the EMB Central or Regional Office where the application was filed. The notice shall be made in English and in Filipino or any local dialect.

b. Action on Application; When Commenced. — Action on application of permit, certificate of registration or certificate of accreditation shall commence as soon as the application is deemed filed.

c. Period for Evaluation and Decision. — The evaluation and decision on the application shall be made within the period provided by law, rules and regulations, which shall include the days of posting simultaneous with posting in order not to affect the prescribed period of twenty-five (25) days to issue Permit to Operate and thirty (30) days for Discharge Permit. The period shall commence when the application is deemed filed.

d. Evaluation Process. — For applications filed with the EMB Central Office, the Environmental Quality Management Division and the Environmental Impact Assessment and Management Division shall assign the application to a designated case handler. For applications filed with the Regional Office, the application shall be assigned by the CPD to a designated case handler. It shall be the responsibility of said case handler to evaluate the application, which must be contained in a report including his/her recommendations. Such report shall be attached to the application as reference of the recommending and approving authority.

 As may be deemed necessary, the EMB Central or Regional Office may commission independent professionals, experts from the academe and representatives from relevant government agencies as members of the EIA Review Committee for the substantive review of EIS/Environmental Performance Report and Management Plan.

e. Evaluation; Substantive Requirements. — The designated case handler shall determine if the applicant has complied with the following requirements:

i. The sufficiency in form and substance of the documentary requirements, including the application form and other necessary documents, as required by law, rules and regulations;

ii. The payment of appropriate filing and processing fees; and

iii. The fulfillment of both general and particular standards and requirements, pursuant to law, rules or regulations.

f. Evaluation; Inspection/On-Site Verification. — In case of a new application, an inspection of the premises may be conducted by the concerned technical division at the central office and of the CPD at the regional office, if necessary. The inspection/verification shall be for validation of the accuracy of information submitted.

 For renewal of permits, certificates of registration or certificates of accreditation, and amendment of clearances, the concerned technical division of the Central Office or for the regional offices, the CPD may use the recent inspection report from the EMED, which should be at the latest within one (1) year from the date of filing of the renewal or amendment, as basis for assessment or evaluation of the renewal or amendment. For this purpose, all application for renewal of permit and amendment of clearances shall be coursed through the concerned Technical Division at the Central Office or the CPD at the regional offices.

 The EMB Director or Regional Director shall authorize the travel or mission order of the inspection or on-site verification. The travel or mission order must specify the premises to be inspected. The results of the inspection/on-site verification shall be in the form of an inspection report, which shall be attached to the application. (See Annexes A-2 to A-8)

g. Opposition. — Any interested person may file an opposition to the application. The opposition must be filed prior to the end of the prescribed period for evaluation and decision of the application by the EMB Director or Regional Director.

 The opposition shall be in writing, verified and shall clearly allege the insufficiency of formal and/or substantive requirements of the application.

 Upon filing of the opposition, the said document shall immediately form part of and be attached to the application. In case of any other impediment known to the case handler or brought to his attention, he shall note down the particulars thereof and his findings thereon in the report. The decision of the EMB Director or Regional Director shall constitute as the resolution of the opposition filed.

h. Evaluation; Review and Approval. — In the EMB Central Office, the report of the case handler shall be reviewed by the Section and Division Chiefs. In the Regional Office, the report of the case handler shall be reviewed by the Section and Division Chiefs, and in the discretion of the Regional Director, the Legal Officer. Thereafter, the application together with all the endorsements shall be transmitted to the EMB Director or Regional Director for appropriate action.

 The EMB shall ensure that the project description in the EIA report and all commitments in the EMP are incorporated in the ECC. Likewise, the EMB shall indicate in the ECC conditions that any major changes in the baseline quality of the environment shall be reported by the Proponent to EMB through the CMR, and the EMP shall be revised accordingly subject to approval by the EMB.

i. Reconsideration. — An applicant or oppositor may file a motion for reconsideration within fifteen (15) days from date of notice of the decision of the EMB Director or Regional Director. No second motion for reconsideration shall be entertained.

 A motion for reconsideration shall be in writing, with a copy furnished to the adverse party with proof of such service attached to the motion.

j. Appeal. — An appeal from the order on the motion for reconsideration of the EMB Regional Director shall be made to the EMB Director.

 The order on the motion for reconsideration may be brought to the Office of the DENR Secretary on appeal within fifteen (15) days from receipt of the decision.

 An appeal shall be in writing, with a copy furnished to the adverse party with proof of such service attached to the appeal.

2.2.5. On-Site Verification/Inspection. — An inspection team shall be formed, which shall be composed of technical personnel and, whenever necessary and at the discretion of the EMB Director or Regional Director, legal personnel. The inspection/on-site verification shall be conducted as follows:

a. When necessary, a survey and/or pre-inspection shall be conducted to initially assess safety concerns, criteria for sampling purposes, among others.

b. Procedure during the on-site verification/inspection:

i. Prior to actual walkthrough, there should be an opening conference to inform the applicant of the purpose of the inspection/on-site verification.

ii. Actual inspection shall be conducted by verifying and validating the information contained in the application. The inspector shall also review records and collect data. He shall take the geographical coordinates of the facility or geo-tagged photos, if available, and/or short videos of the establishment, equipment, installations, and/or processes under inspection. In appropriate cases, samples should be collected.

iii. After on-site verification/inspection, an exit conference shall be done to inform the applicant of the findings and observations.

iv. Any oppositor or stakeholder may be allowed to participate in the inspection/verification process, subject to the discretion of the EMB Director or Regional Director.

c. The report on the inspection/on-site verification must be submitted within three (3) working days from the conclusion of the inspection. For instances where samples were collected, the inspection report must be submitted within three (3) working days from the release of the laboratory analysis, except for air which shall be submitted within twenty (20) working days from the collection of the samples for analysis. The report must be accompanied by geographical coordinates of the facility or geo-tagged photos and/or short videos taken during the inspection. The findings and observations of the inspection shall be incorporated in the report on the application.

2.2.6. Temporary Permit. — The issuance of a temporary permit shall not be allowed except when clearly provided for by law and when the applicant has a pending application for a permit. When a temporary permit is allowed, it shall be issued by EMB Regional Director, and only for purposes of sampling and analysis. The temporary permit shall be valid for ninety (90) days.

A Temporary Treatment, Storage and Disposal (TSD) Registration Certificate valid for three (3) months may also be issued by the EMB Director to allow the conduct of trial burn or test run for Category A, F, D and E TSD Facilities.

2.2.7. Grounds for Suspension and Revocation of Permits, Registration or Accreditation. — After due notice and hearing, the DENR, through the EMB, may suspend or revoke any existing and valid permit, registration or accreditation on any of the following grounds:

a. Non-compliance with, or violation of any provision of the laws within the scope of this Manual and/or permit conditions;

b. False or inaccurate information in the application for permit, registration or accreditation, which is material to its issuance;

c. False or inaccurate information in the monitoring data or in reports prepared by the applicant as required by the permit, registration or accreditation;

d. Refusal to allow lawful inspection conducted by the DENR through the EMB of duly authorized personnel;

e. Non-payment of the appropriate fees;

f. Other valid causes or analogous circumstances.

2.2.8. General Conditions; Period. —

a. Transfer of Permit, Clearance, Registration or Accreditation. — The permit, clearance, registration or accreditation shall be non-transferable. However, in case of sale or transfer of ownership or control of the establishment and/or facilities, the transferee shall notify the EMB Central or Regional Office issuing the permit within fifteen (15) working days of the fact of transfer of ownership or control, providing the name and address of the transferee and attaching any document evidencing the transfer and file an application for transfer of the permit in the name of the new owner provided that there is no change in the original application. (See Annex D-5)

b. Administrative Liability. — Any person found violating or failing to comply with these rules and regulations and/or conditions embodied in the permits issued by the EMB Central or Regional Office shall be liable to administrative fine for every violation in addition to such other sanctions stated in pertinent laws, rules and regulations. The imposition of said fines does not preclude the filing of the appropriate criminal or civil action.

 In case of transfer of permits, the administrative liability of the original applicant and the transferee shall be determined by the date when the violation was committed. Provided, however, that a Certificate of No Pending Case by EMB Central or Regional Office was secured by the transferee before such transfer. Otherwise, the original applicant and the transferee shall be jointly and severally liable for any administrative liability regardless of when the violation took place.

c. Projects that have stopped operations for more than five (5) years. —

i. Projects that have stopped operation for five (5) years or less are not required to notify EMB provided the CMR had been regularly submitted.

ii. Projects that have stopped operation for more than five (5) years are not required to obtain a new ECC provided all the following conditions are met:

(a) CMR/CMVR had continuously been submitted or an official request for suspension of the CMR/CMVR had been approved by EMB.

(b) No request for relief and/or cancellation of ECC had been approved.

(c) The resumption of operation will not involve expansion in terms of production capacity (volume of output; number of product lines) or area.

(d) The resumption of operation will not involve changes or modification in technology/production method or manufacturing process/operation used.

 Otherwise, an application for new ECC has to be filed and approved prior to resumption of operations.

iii. A project is deemed to have stopped operations when all of the following conditions are met:

(a) All production, processing or manufacturing activities have ceased.

(b) The absence of any emission or discharges except those attributed to domestic activities of maintenance or administrative personnel only.

 Maintenance and care program duly acknowledged by Mines and Geosciences Bureau for mining projects is considered non-stoppage of operations.

d. Expiration. — A permit issued by the EMB shall be valid for the period stated in the pertinent regulation unless sooner suspended or revoked. (Annex D-5: Specific Period for Permits)

2.2.9. Validity and Renewal of Permit, Clearance, Registration and Accreditation. — The validity of a permit, clearance, registration or accreditation, including its transfer of ownership or management, shall be in accordance with the laws, rules and regulations prescribing for the same. Unless otherwise provided, renewal must be made at least thirty (30) days before the expiration date. The applicant must submit the requirements for application of permit, certificate of registration or certificate of accreditation in order for the EMB Central or Regional Office to evaluate the renewal of a permit, registration or accreditation. (See Annex D-5)

2.3. Compliance Monitoring. —

2.3.1. Monitoring Authority. — The EMB Director or Regional Director shall designate monitoring teams from the concerned Technical Divisions or from the EMED to ensure compliance with environmental laws and regulations. A monitoring team must be authorized by a mission and travel order (See Annexes A-17, A-18 and A-18a), for the purpose of carrying out any one or more of the following tasks:

a. Determine the compliance status of establishments with environmental regulations, permit/clearance conditions, and other requirements;

b. Verify community complaints;

c. Examine the status of voluntary commitments; and

d. Such other tasks as may be ordered by the EMB Director or Regional Director.

2.3.2. Procedure for Monitoring Compliance. — Compliance Monitoring shall be conducted as follows:

a. Desk Review/Table Monitoring. — A review of the Self-Monitoring Reports (SMRs) and the Compliance Monitoring Reports (CMRs), previous on-site monitoring reports, inspection reports, (See Annexes A-2 to A-7), and other submissions shall be conducted to check compliance with the terms and conditions/post requirements of the issued permit and other applicable laws or regulations. The results of the review shall be contained in a Desk Review or Table Monitoring Report.

b. On-Site Monitoring/Inspection. — The concerned Technical Divisions or EMED shall review the relevant SMRs and CMRs submitted by the permit holder prior to monitoring.

 At the start of monitoring inspection, there should be an opening conference to inform the permit holder of the purpose of the on-site monitoring.

 The monitoring team shall review records, conduct ocular inspection, and collect data. All records required to be kept by the permit holder under relevant environmental laws and regulations shall be made available to the monitoring team upon demand. The team shall take geo-tagged photos, if available, and/or short videos of the establishment, equipment, installations, and/or processes, and collect samples when necessary.

 After the monitoring, an exit conference may be conducted to inform the permit holder of the findings and observations.

c. On-Site Monitoring/Inspection Report. — The On-Site Monitoring/Inspection Report must be submitted within three (3) working days from the conclusion of the monitoring. For instances where samples were collected, the report must be submitted within three (3) working days from the release of the laboratory analysis. The report must be accompanied by geo-tagged photos and/or short videos taken during the inspection.

2.3.3. Multi-partite Monitoring Team (MMT). — The MMT shall be formed only for ECPs. MMTs for ECPs whose significant environmental impacts do not persist after construction phase or whose impacts could be regulated through the regular monitoring activities conducted by other government agencies, shall be terminated upon certification of completion by the lead government agency. The EMB RO shall transmit to the relevant government agency/ies this information along with remaining environmental concerns for integration into their monitoring and inspection activities.

The MMT shall be composed of relevant stakeholder groups, which include representatives from concerned LGUs, LGU-accredited local Non-Government Organizations, locally-recognized community leaders and relevant government agencies, provided that the total membership shall not exceed ten (10) members, except in cases where the location of the project facilities covers more than one (1) barangay.

The EMB-DENR shall provide oversight guidance to the MMT and consider its reports and recommendations in its impact and compliance evaluation. It shall conduct regular performance audit of the MMTs. The project proponent shall provide funds for the MMT activities based on the annual Work and Financial Plan approved by the EMB.

2.3.4. Self-Monitoring Report (SMR). — All covered establishments shall submit SMR on a quarterly basis. Unless otherwise provided by law, rules and regulations, SMRs shall be submitted within fifteen (15) calendar days from the end of each quarter.

The EMB Regional Office concerned shall review the completeness and sufficiency of the SMR within fifteen (15) working days from submission. If the submitted SMR is found to be incomplete or insufficient, the said SMR shall be deemed not filed. In such cases where the submitted SMRs are incomplete or insufficient, the Regional Office shall notify the establishment of the incompleteness or insufficiency, and require its completion within fifteen (15) days. Absence of actions/communication from the concerned Regional Office within the prescribed period shall be deemed as acceptable of the SMR submitted.

In case of inconsistency between the SMR, documents on record, and other data, the Regional Office shall take the appropriate action, including but not limited to calling a technical conference, taking of samples or compliance monitoring, among others.

2.3.5. Compliance Monitoring Report (CMR). — The Proponent is required to submit semi-annually a CMR to the designated monitoring EMB office, to report performance at three (3) levels: a) performance as against the ECC conditions; b) performance against the EMP; and c) performance against the monitoring of actual impacts (including residual impacts) as against predicted impacts in the EIA Report and as related to current project operations.

The semi-annual CMRs shall be submitted as Module 5 of the second and fourth SMRs. The first CMR shall be submitted mid-year after the start of the project implementation, except for ECC commitments/conditions, which need to be submitted prior to project start up. The Proponent shall notify the EMB on the start-up date of project implementation.

The Proponent may commission third party experts to undertake monitoring on its behalf, subject to the execution of a notarized Sworn Accountability Statement and shall be submitted to the EMB together with the monitoring results. DENR-recognized laboratories shall also be availed of in the analysis of field samples.

2.3.6. Determination of Compliance or Non-Compliance. — Determination of compliance or non-compliance shall be done by the concerned Technical Divisions in the Central Office or EMED in the Regional Office through the conduct of sampling and review of submitted documents.

The Technical Divisions or EMED shall recommend to the EMB Director or Regional Director the issuance of a Notice of Violation (NOV) in case of non-compliance. The NOV shall be drafted by the Legal Officer which shall be addressed to the owner of the establishment and shall state the ultimate facts constituting the cause/s of action, or specific violation of law or rules and regulations, date of the technical conference and other information relevant thereto. The NOV shall then be signed by the Director or Regional Director. A copy of the NOV shall be issued to the Respondent and, if applicable, the Complainant.

2.4. Fines and Penalties. —

2.4.1. Authority to impose fines and penalties. — The Secretary of the DENR or his duly authorized representative, the PAB, the EMB Director, and the EMB Regional Director, in accordance with law, shall have the authority to impose fines and penalties against anyone in violation of environmental laws, rules and regulations.

2.4.2. Fines. — Fines shall be imposed in accordance with the pertinent environmental laws, rules and regulations. (See Annexes C-1 to C-5)

2.4.3. Revocation or Suspension of Permit, Registration and Accreditation. — The revocation or suspension of a permit, registration or accreditation must be based on acts or omissions that constitute violations of standards or requirements based on laws, rules and regulations. The revocation or suspension of any permit, registration or accreditation must occur only after notice and hearing before the EMB Central or Regional Office.

2.4.4. Reconsideration and Appeal for Revoked or Suspended Permits and Certificates. — The procedure for reconsideration and appeal under 2.2.4.i and 2.2.4.j of this Manual shall be available as a remedy from the imposition of fines and other penalties.

III. ADJUDICATORY PROCEDURE

3.1. Complaints. —

3.1.1. When Commenced and By Whom. — A complaint is commenced by the filing of a complaint by any interested individual with the DENR, PENRO, CENRO, PAB, EMB Central Office, EMB Regional Office and PEMU.

3.1.2. Where Filed; Initial Action. —

a. Filed Directly with the DENR. — A complaint filed with the DENR (c/o RO, PENRO, CENRO) shall be endorsed to the concerned EMB Regional Office within three (3) days.

b. Filed Directly with PAB. — Without prejudice to the other provisions, a complaint filed directly with the Board, if found to be in order, shall be endorsed to the concerned EMB Regional Office within three (3) days.

c. Complaints filed with the EMB Central Office. — If the complaint is filed with the EMB Central Office, it shall forthwith commence investigation or endorse said complaint to the EMB Regional Director within three (3) days, who shall then order the investigation of the complaint.

d. Complaints filed with or endorsed to the EMB Regional Office. — If the complaint is filed with or endorsed to the Regional Office, the EMB Regional Director shall, within three (3) days, order the investigation of the complaint. Complaints filed with the PEMU shall be endorsed to the concerned Regional Office within three (3) days upon receipt.

e. Complaints filed with the PENRO and CENRO. — A complaint filed with the PENRO and CENRO shall be referred to the EMB Regional Office within three (3) days from filing. The concerned PEMU shall coordinate with the PENRO and CENRO to ensure that complaints are timely referred.

f. Certification of Non-Forum Shopping. — The parties shall certify that they have not commenced any other action or proceeding involving the same issues in any other tribunal or agency. Should a similar action or proceeding had been filed or is pending before any tribunal or agency, the complainant shall report that fact within five (5) days to the EMB Central Office or to the proper EMB Regional Office.

3.1.3. Form of Complaint. —

a. Complaint. — The complaint shall be written in clear and concise language, whether in Filipino or English, specifying the full names and addresses of the complainants, respondents, and witnesses, if any. It shall state the acts or omissions complained of, the place and time of violation, and the remedy or relief sought.

b. Complaints Written in the Local Dialect. — The complaint may be written in any local dialect in the Philippines. It should be translated to Filipino or English by the case handler, with the conformity of the complainant.

c. Verbal Complaints. — The complaint may be relayed through verbal reporting and/or through telecommunications. The complaint should be lodged in the complaint logbook complete with details such as the acts or omissions complained of, and the place and time of violation.

d. Anonymous Complaints. — Anonymous complaints should be lodged in the complaint logbook complete with details such as the acts or omissions complained of, and the place and time of violation.

3.2. Notice of Violation. —

The Notice of Violation shall be in writing and shall state the specific violations of law or rules and regulations, as well as other information pertinent thereto, in the format prescribed by the EMB. The NOV shall require the respondent to submit a position paper and attend the technical conference set in the NOV. The NOV, including a copy of the relevant Inspection Report, must be furnished to the Respondent. The Complainant, if any, may also be furnished a copy of the NOV.

The Legal Division at the Central Office or the Legal Unit at the Regional Offices shall cause the preparation of the Notice of Violation, upon recommendation of the concerned Technical Divisions, as a result of the conduct of Compliance Monitoring, and other instances which necessitate the issuance of an NOV. The ensuing Technical Conference or hearing shall be chaired by the same Legal Division/Unit. Compliance to the commitments arrived at or agreed on during the Technical Conference shall be determined by the concerned division at the Central Office or the EMED at the Regional Office.

Thereafter, the Resolution or Decision or Order shall be prepared/drafted by the Legal Division/Unit upon recommendation by the technical division, in the case of non-compliance to the commitments agreed on during the technical conference, and shall be signed by the EMB Director or EMB Regional Director. (See Annexes 23-25)

3.3. Cease and Desist Order Issued by the PAB. —

a. When Applicable. — A Cease and Desist Order may be issued where there is prima facie evidence that the complained action, such as emission or discharge of pollutants, constitutes an immediate threat to life, public health, safety or welfare, or to animal or plant life, will cause irreparable harm or damage to the environment, or greatly exceeds what is allowable under DENR standards.

b. Interim Cease and Desist Order. — The EMB Regional Director may immediately issue an Interim CDO, which shall be effective for a period of seven (7) days. After issuing the Interim CDO, the EMB Regional Director shall, within twenty-four (24) hours endorse the case to the Pollution Adjudication Board with a recommendation that the Board issue a regular CDO.

The Interim CDO shall in all respect be considered as a regular CDO if it is subsequently confirmed by the Board or the Secretary, as the case may be. Such confirmation may only be made prior to the lapse of the Interim CDO.

3.4. Investigation. —

3.4.1. Conduct of Investigation. —

a. When and How Conducted. — The investigation shall commence within three (3) working days from receipt of the complaint or endorsement, and the report shall be completed and submitted to the EMB Director or Regional Director within fifteen (15) working days, subject to the order for further investigation.

 For complaints regarding violations of environmental laws, oppositions to permit or clearance or registration applications and other instances of permitting violations, the Legal Division at the Central Office or the Legal Unit at the Regional Offices shall head the investigation.

 The Legal Division or Legal Unit shall review or evaluate the complaint or case after the conduct of a technical conference or clarificatory hearing and thereafter, prepare or draft the necessary Resolution or Order or Decision.

b. Investigation Report. — The investigation report shall contain the location site, the date of investigation, time of the start and end of the investigation, the observations on site, and equipment used, and other relevant information. The report should contain findings of facts and recommendations.

 As may be earlier required, a spot report or initial report shall be submitted within five (5) working days from the conduct of the investigation.

c. Notice of Violation after Investigation. — An NOV, the prescribed form of which is in Annex A-19, shall be issued if warranted by the results of the investigation.

 In all instances, the NOV shall be issued within five (5) days upon receipt of the recommendation or endorsement of the positive findings.

3.5. Technical Conference. —

3.5.1. Purpose. — A technical conference is a consultation or a formal meeting called or convened by the EMB Central or Regional Office primarily for the purpose of: (1) giving the respondent or his duly authorized representative the opportunity to contest the basis of a notice of violation, as well as the basis of the applicable fines or penalties; (2) informing the respondent of the possibility of imposition and/or accrual of fines; and (3) obtaining a commitment from the respondent to implement remedial measures to abate or mitigate the pollution complained of, or undertake to comply with required licensing or permitting conditions or requirement, or requirements of the regulations, as applicable, among others. It will also cover the following:

a. Simplification of Facts and Issues. — The EMB Director or Regional Director, or his duly designated Hearing Officer (preferably the Legal Officer), shall chair the technical conference. The facts surrounding the complaint and the findings of the investigation shall be discussed during the technical conference. The issues raised by the complaint shall be made clear and concise, and shall also be discussed during the technical conference. The designated legal staff of the EMB Central or Regional Office must take the minutes of the technical conference.

b. Computation of Fines. — The amount of fines shall be computed in accordance with the existing laws and regulations. Unless otherwise provided by law, rules and regulations, the amount of fines shall be computed from the date of discovery of the violation until the date of its actual cessation. The respondent may dispute the period covered by fines.

c. Commitment to Implement or Undertake Remedial Measures. — The respondent must execute a commitment to implement or undertake remedial measures. Compliance with the commitment shall be within a period approved by the EMB Director or Regional Director. The commitment shall be in the form prescribed in Annex-21 and shall be signed by the respondent, or in the case of juridical persons, the respondent's duly authorized officer. The Hearing Officer shall furnish the Pollution Adjudication Board, the EMB Director or the EMB Regional Director as the case may be, copies of commitments executed by respondents within seventy-two (72) hours from submission thereof.

3.5.2. Conduct of Technical Conference. —

a. When Conducted. — The Technical Conference shall be held, as far as practicable, within fifteen (15) days from the date of issuance of the NOV.

b. Requirements. — In the NOV, the Hearing Officer or duly authorized representative of the EMB Director or EMB Regional Director shall require the respondent to submit the prescribed position paper accompanied by all supporting documents and affidavits within ten (10) days from receipt of notice.

 The Respondent's Pollution Control Officer or any duly authorized representative shall be required to enter his appearance and attend the Technical Conference. Non-appearance shall be considered as in default.

c. Report. — After the Hearing Officer has gathered all the pertinent facts and determined that there is no need for further hearing, he shall submit to the EMB Director or Regional Director a report within fifteen (15) days, indicating therein his findings and recommendations, together with the original records of the case.

 Should there be a need for further hearing, the Hearing Officer shall so indicate the same to the EMB Director or Regional Director within fifteen (15) days from the Technical Conference. The Hearing Officer shall submit a report within fifteen (15) days from the conclusion of the hearing to the EMB Director or Regional Director containing all the findings and recommendations together with the original records of the case, including the minutes taken during the technical conference. The Regional Office shall, within fifteen (15) days from receipt of the Hearing Officer's Report, resolve the case or elevate it to the PAB, when appropriate, and transmit thereto the original records of the case.

d. When Technical Conferences are Not Permissible. — If the Respondent fails to file the verified position paper or sworn explanation letter on time, it shall be considered in default and as such, no technical conference shall be conducted. The case shall then be resolved on the basis of the evidence on record.

3.5.3. Conduct of Cross-Examination. — Every party shall have the right to cross-examine the witnesses presented against him and to submit rebuttal evidence. Affidavits of witnesses may not be considered, unless the affiants are put in the witness stand for cross-examination on their affidavits, except when the parties waive the same, expressly or impliedly.

3.6. Elevation of the Case to PAB; When Applicable. —

In cases cognizable by the PAB where it is determined, after inspection, that the respondent already complied with DENR standards, the case shall be elevated to the PAB within fifteen (15) days with a recommendation of the fines, and/or sanctions to be imposed, if any. The original records of the case shall be forwarded to the PAB together with the report and recommendation.

Upon the expiration of the period agreed upon in the Technical Conference, a follow-up inspection shall be conducted by the EMB Regional Office. A report relative thereto shall be prepared. If, after the inspection it is determined that the respondent still fails to comply with the DENR Standards and/or commitment pursuant to Section 3.5.1., the Regional Office shall, within fifteen (15) days, elevate the case to the PAB with a recommendation for the issuance of a Cease and Desist Order and the imposition of fines.

3.6.1. Cease and Desist Order. — Whenever the EMB Director or Regional Director finds prima facie evidence of environmental violations cognizable by his office, he may issue a CDO directing the discontinuance of the same or the temporary suspension or cessation of the act, or the operation of machinery without need of a prior public hearing. The CDO shall be immediately executory and shall remain in force and effect until the same is modified or lifted by the EMB Director or Regional Director.

3.6.2. Motion to Lift the Cease and Desist Order. — The respondent may file a motion to lift the CDO, with proof of service of copies thereof to the other parties, who may file their comments within ten (10) days from receipt of the motion, which shall thereafter be set for hearing. The filing of such motion shall not stay the enforcement and execution of the order.

3.6.3. Temporary Lifting Order and Final Lifting Order. — After the hearing of the motion to lift the CDO, the EMB Director or Regional Director may issue a Temporary Lifting Order should the circumstances warrant.

3.6.4. Lifting of Cease and Desist Order and Termination of the Case. — Where, after a Temporary Lifting Order has been issued or extended, the EMB Director or Regional Director may, upon proper motion, issue a resolution formally lifting the Interim CDO and terminating the case, provided that the Respondent has complied with the commitment to remedy the violation and fully paid the fines and penalties.

3.7. Confiscation of Hazardous Substances. —

In cases of the unlawful importation, entry, transport, manufacture, processing, sale, distribution, use and disposal of hazardous chemical substances and mixtures, the DENR Secretary or his duly authorized representative has the power to confiscate and forfeit in favor of the Government the proceeds of the unlawful acts and instruments, tools or other improvements, including vehicles, sea vessels and aircrafts used or with which the offense was committed. The DENR Secretary or his duly authorized representative also has the power to confiscate or impound chemicals found not falling within the standard set by the rules and regulations and the said acts cannot be enjoined except after the chemicals have been impounded.

3.8. Resolutions and Decisions. —

Every resolution and decision promulgated by the EMB Director or Regional Director shall be in writing and shall clearly and distinctly state the facts and the law on which it is based. The EMB Director or Regional Director shall decide each case within thirty (30) days after it is deemed submitted.

A case is deemed submitted for decision after both parties shall have concluded presentation of their evidence or upon the filing of their respective memoranda, if required or if they so ask and the same is granted.

The decision of the EMB Director or Regional Director shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal has been perfected.

The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.

Any future violation involving the same respondent shall warrant the filing of a new case, to be assigned a new docket number.

3.8.1. Availability of Decisions. — As required by law, all decisions or final orders in the adjudication of contested cases shall be published and made available to the public. It shall be the duty of the records officer or his equivalent officer to prepare a register or compilation of those decisions or final orders for use by the public, consistent with the DENR Freedom of Information Manual.

3.9. Motion for Reconsideration. —

Within fifteen (15) days from notice, the respondent may file a motion for reconsideration of an order, resolution or decision of the EMB Director or Regional Director specifically indicating the grounds therefor, with proof of service to the other parties, who may then file with the EMB Director or Regional Director their comments within ten (10) days from receipt of the motion. Thereafter, the motion shall be considered submitted for resolution, whether or not such comments are filed.

Only one motion for reconsideration of an order, resolution, or decision of the EMB Director or Regional Director shall be allowed and entertained. The EMB Director or Regional Director shall resolve the motion within thirty (30) days from its filing.

4.0. Execution. —

After the order, resolution, or decision of the EMB Director or Regional Director has become executory, the same shall be enforced and executed in accordance with law. The PENRO, CENRO and law enforcement agencies may be requested by the EMB Director or Regional Director to assist in the enforcement and execution of the order, resolution, or decision.

In case of non-payment of fines by the respondent, remedies such as but not limited to the following shall be undertaken:

a. withholding of approval of pending applications;

b. referral to the concerned local government unit for withholding of appropriate permits and licenses; and

c. filing of a civil action for collection by the EMB Director or Regional Director or his duly authorized representative.

IV. FINAL PROVISIONS

4.1. Administrative Liability for Non-Compliance. — Non-compliance with the provisions of this Manual shall be subject to administrative liability in accordance with Civil Service and other pertinent laws, rules and regulations.

4.2. Separability Clause. — If any provision of this Manual is declared invalid, void or unconstitutional, the remaining provisions not affected thereby shall remain in full force and effect.

4.3. Repealing Clause. — All Memorandum Circulars inconsistent with this Manual are hereby repealed, amended or modified accordingly.

4.4. Effectivity. — This Manual shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and upon submission of three (3) certified copies thereof to the Office of the National Administrative Register of the University of the Philippines Law Center pursuant to Section 3, Chapter 2, Book VII of Executive Order No. 292, otherwise known as the Administrative Code of 1987.

Annexes available upon request.

n Note from the Publisher: Copied verbatim from the official copy.