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Laguna Lake Development Authority Board Resolution No.271, Series of 2006 |
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APPROVING THE CLARIFICATORY AMENDMENT TO SECTION 1, RULE VII OF BOARD RESOLUTION NO. 192, SERIES OF 2004, APPROVING THE REVISED RULES, REGULATIONS AND PROCEDURES IMPLEMENTING REPUBLIC ACT NO. 4850, AS AMENDED WHEREAS,
in pursuit if the regulatory and rule-making power of the LLDA for
the proper implementation and enforcement of Republic Act No. 4850,
as amended, the LLDA enacted subject revised rules and regulations,
among which are as follows: RULE
VII “ORDERS
AND DECISIONS” “Section
1 – Notice of Violation “Notice
of violation shall be issued by the concerned divisions as follows: “a)
For cases endorsed by the PCD, a Notice of Violation shall be issued
requiring the respondent to comply with the documentary requirements
or institute corrective measures when it concerns water pollution
within fifteen (15) days from receipt thereof.
When it concerns permit requirements, respondent is required
to comply within sixty (60) days from receipt of the Notice. “b)
For cases endorsed by the LMD, a Notice of Violation shall be issued
requiring the respondent to comply with the fishpen/fishcage rules
within thirty (30) days from receipt thereof. “c)
For cases endorsed by the SCD, a Notice of Violation shall be issued
requiring the respondent to comply with the shoreland rules within
seven (7) days from receipt thereof.”
WHEREAS, which provisions, upon cursory reading, would show
that an evident ambiguity as to what concerned division (PCD, LMD,
SCD) will really have to issue the Notice of Violation, in view of
the confusing clause “For cases endorsed by …..”, not to
mention the varying period of 7, 15, 30 or 60 days within which to
issue the said Notice;
WHEREAS, that, in the interest of orderly procedure before
the Public Hearing Committee, this Authority, and to enable the
latter to act with dispatch in discharging the duties and
responsibilities it is mandated to implement under Republic Act No.
4850, these ambiguity and non-uniformity necessitate clarification; Resolution
No. 271 Series of 2006 Page
2
WHEREAS, that the above quoted provisions of subject Section
1, Rule VII of Board Resolution No. 192, Series of 2004, be revised
and amended to read as follows: RULE
VII “ORDERS
AND DECISIONS” Section 1 – Notice of Violation “Notice of violation shall be issued by the concerned division, i.e. PCD, LMD, and SCD, respectively, in any/all case/s related to or involving infringement/s and/or violation/s of the terms and conditions of the discharged permit or development permit/s or clearance/s issued, the laws, rules and regulations on water pollution, fishpen/fishcage operations or aqua-culture activities and on shorelands occupancy and developmental activities promulgated by this Authority and/or for conducting any project plan, or program within the Laguna de Bay Region without any permit or clearance from this Authority, and dependent primarily on the mode of discovery of violation, as follows:
“a.)
By Regular Monitoring or Inspection Activities. – In case
of discovery of violation(s) through regular field monitoring or
inspection activities, the LLDA division/office concerned, through
any of its duly authorized inspectors or representatives, on site
and in writing, or upon receipt by the chief of the division or head
of the office concerned of the completed laboratory analysis of the
substance/s in question from Environmental Quality Management
Office, shall immediately notify the person or entity/establishment
of the violation/s and shall request for an official submission of
why the said person or entity/establishment shall not be penalized.
The person, entity or establishment shall be given a period
of five (5) days from receipt thereof within which to personally
appear, by itself or through a representative, duly authorized in
writing for that purpose, at the concerned LLDA office and submit
its written reply.
“b.)
By Desk Review. – The discovery of violation may also occur
as a result of desk review of submitted documents such as
self-monitoring report or such other documentary compliances or
submissions. In such
case, the LLDA division/office concerned or any of its duly
authorized inspector or representative shall, in writing,
immediately notify the person or entity/establishment of the
violation and request for an official submission of why the said
person or entity/establishment shall not be penalized.
The person, entity or establishment shall be given a period
of five (5) days from receipt thereof within which to personally
appear, by itself or through a representative, duly authorized in
writing for that purpose, at the concerned LLDA office and submit
its written reply. Resolution
No. 271 Series of 2006 Page
3
“c.)
By Complaints or other Sources. – In case the discovery of
violation may be through a complaint, press report, police report or
other external sources, the LLDA division/office concerned through
any of its duly authorized inspector or representative shall, within
twenty-four (24) hours from receipt or knowledge of any such
complaint or report shall proceed to the site/location subject of
complaint (or report), conduct a field verification to determine the
validity of the complaint (or report) or if it is actionable by the
LLDA. If the complaint
(or report) is within the power of the LLDA to resolve an
investigation should be initiated within forty-eight (48) hours
after validation of the complaint (or report).
Immediately within the prescribed 48 hours, the LLDA
concerned division/office shall, in writing, notify the person or
entity/establishment of the violation and request for an official
submission (or reply) on why the said person or entity/establishment
shall not be penalized. The
person, entity or establishment shall be given a period of five (5)
days from receipt thereof within which to personally appear, by
itself or through a representative, duly authorized in writing for
that purpose, at the concerned LLDA office and submit its written
reply.
In any of the foregoing modes of discovery of violation, upon
receipt of the person, entity/establishment’s reply (or official
submission), the case shall be deemed submitted for decision.
At the discretion of the concerned division/office of the
LLDA, a technical conference or hearing may be scheduled prior to
the preparation of the decision.
Such hearing shall only be conducted to clarify issues in the
reply (or official submission), to request for additional
information and/or to give the party/ies involved an opportunity to
further explain why they should not be penalized.
If the respondent failed to appear personally or file its
reply or its official submission within the prescribed period of
five (5) days, the concerned division/office of LLDA shall
immediately prepare and send a letter to the respondent to show
cause within five (5) days from receipt thereof why no punitive
action should be taken or a fine should not be imposed against the
respondent. The show cause letter shall include the schedule of technical
conference or notice of referral to the Public Hearing committee for
hearing.
In case of hearing, the chief of the division or head of the
office of LLDA concerned shall refer the case and forthwith transmit
all the records of the case, including the Case Disposition
Document, containing a brief summary of the complaint, the
respondent’s reply or official submission, and the action taken or
the recommendations thereon, among others, to the Public Hearing
Committee. The hearing
serves as the final opportunity for the respondent to explain why he
should not be penalized or fined. If the respondent failed to attend the hearing or conference,
the case shall be deemed submitted for decision. Resolution
No. 271 Series of 2006 Page
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WHEREAS, that the repealing proviso and the requirement of
publication be incorporated and ordained in the resolution.
APPROVED on January 31, 2006:
ATTESTED BY: (SGD) ATTY. JOAQUIN G. MENDOZA
Board Secretary V |
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