Sampling(Air Emission or

Wastewater Discharge)

Issuance of Notice of Violation (NOV)

OrNotice of Non-Compliance (NON)

Technical Conference

Laboratory analysis

Sampling

Issuance of Cease and Desist Order

Imposition of Fines and dismissal of case

Remedial / Mitigating measures

EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE

Without compliance With compliance

Execution of Cease and Desist Orderby the Regional Office

Motion for the Issuance ofTemporary Lifting Order (TLO)

Issuance of TLO by PABSampling

- Closure- Imposition of Fines- Forfeiture of bond

Imposition of Fines and Issuance of

Formal Lifting Order

Compliance with TLO Requirements

EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE

Without compliance With compliance

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 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

exceeds the allowable DENR standards

Additional Basis for issuance of the CDO

• Commission of any of the prohibited acts enumerated in the Clean Water Act

Meeting called by the RO or the PAB for the purpose of:

Opportunity to contest the basis of the NOV issued

Possibility of imposition or accrual of fine execution of commitment

from respondent to abate or mitigate the pollution complained of including the implementation of remedial measures relative thereto

Respondent’s Commitment

within a period to be agreed upon by the parties

in the format prescribed by the Board and signed by the respondent or its managing head

Types of Temporary Lifting Orders

for purposes of implementing pollution control programs

for sampling purposes

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 bond

• 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 respondent or its 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

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 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