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Laguna Lake Development Authority Board Resolution No.298, Series of 2006 |
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AMENDING CERTAIN PROVISIONS OF THE RULES AND REGULATIONS IMPLEMENTING THE ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA DE BAY REGION
WHEREAS,
the Environmental User Fee System (EUFS) was approved for
implementation in the Laguna de Bay Region under LLDA Board
Resolution No. 25, Series of 1996;
WHEREAS, under Board Resolution No. 33, Series of
1996, “Adopting the Rules and Regulations Implementing the
Environmental User Fee System in the Laguna de Bay Region”, all
development projects, installations and activities that discharge
liquid waste into and pose a threat to the environment of the Laguna
de bay Region, thus covering industrial, commercial, domestic and
agricultural sources, are covered by the system;
WHEREAS, the Philippine Clean Water Act (Republic Act
No. 9275) was enacted in 2004 for the protection, preservation and
revival of the quality of our fresh, brackish and marine waters;
WHEREAS, the EUFS implemented by the LLDA in the Laguna
de Bay Region is consistent with the Wastewater Charge System under
the Clean Water Act;
WHEREAS, for effective implementation of Environmental
User Fee System, the Authority shall strengthen the compliance
monitoring and surveillance activities within its area of
jurisdiction;
WHEREAS, an incentive scheme shall be provided for
establishments with good environmental performance in order to
encourage them to improve compliance;
NOW,
THEREFORE, foregoing
premises considered, BE IT RESOLVED, as it is hereby RESOLVED,
to adopt the following rules and regulations in implementing the
Environmental User Fee System in the Laguna de Bay Region: Section
1. Scope These
guidelines shall apply to all establishments in the Laguna de Bay
Region covered by the Environmental User Fee System. Section
2. Validity of
Discharge Permit The Discharge Permit (DP) shall be valid for a maximum period of three (3) years from the date of issuance, subject to revalidation / renewal. Section 3. Criteria for Issuance of Discharge Permit The
Validity of the DP shall be determined based on the following set of
criteria for each case scenario: Resoluti Case 1A
discharge permit shall be valid for three (3) years if the
establishment satisfies any of the following criteria: a.
The establishment is an ISO 14001 certified (or any
internationally recognized environmental certification) provided
that there is no pending case or violation of any rules and
regulations enforced by the Authority. b.
The establishment has complied with LLDA Rules and
Regulations including but not limited to permit conditions and the
prescribed effluent standards within the last three (3) years prior
to the issuance of the long-term permit c.
The firm is a recipient of an award being given by the
Authority relative to environmental performance Case
2 A
discharge permit shall be valid for two (2) years if the
establishment satisfies any of the following criteria: a.
That the establishment’s activity falls under the category
of gasoline station, fastfood and restaurant and other similar
activities provided that there is no pending case or violation with
any rules and regulations of the Authority b.
That the establishment is practicing zero-discharge scheme
(close loop system) provided that there is no pending case or
violation of any rules and regulations of the Authority. c.
The establishment has no pending water pollution case within
the past two years and all payable accounts have been settled (i.e.
re-sampling fee, arrears, surcharge, EUF, etc.) Case
3 A
discharge permit with a validity of one (1) year shall be issued to
those establishments who had pending water pollution case prior to
the date of its issuance, provided that the said case had been
dismissed and all payable accounts had been settled (i.e.
re-sampling fee, arrears, surcharge, EUF, etc.). Section
4. Payment of Environmental User Fee (EUF)
Environmental
User Fee which is a fee paid for every unit of pollution loading
that is discharged into receiving bodies of water within the Laguna
de Bay Region shall be assessed and paid annually. It is composed of
processing fee, fixed fee and variable fee which are payable in full
upon filing of application. The rate to be used in the assessment
shall be based on the prevailing rate as approved by the LLDA board
of directors. However,
during the revalidation of the Discharge Permit, a revalidation fee
of One Thousand Six Hundred Pesos (PhP1,600.00) shall be paid
together with the corresponding fixed fee. Computation of credit and
surcharge on the variable fee shall be done after the revalidation
of the Discharge Permit. Payment of the variable fee shall be
settled within forty five (45) days upon approval of the billing
statement, otherwise the legal rate of interest shall be imposed by
the Authority. Those
industries assessed with variable fees but failed to conform with
the prescribed standards for the charging parameter are allowed to
file a motion for reconsideration only once and the schedule of
payment of Environmental User Fee (Variable Fee) is as follows:
Page
3 Payment for Non-complying
Establishments Variable
Fee arrearages assessed on a delinquent establishment may be paid in
the following schemes: Small
– scale industries* (below P15 Million)
*
RA 8435, Agriculture and Fisheries Modernization Act of 1997
Section
5. Revalidation of
Discharge Permit All
issued Long Term Discharge Permit shall be revalidated annually
subject to a payment of environmental user fee and other applicable
fees. For
the revalidation of the DP, the Pollution Control Officer (PCO)
shall bring the approved original DP to the Pollution Control
Division. Payment of all applicable fees/fines shall be made prior
to revalidation. The revalidation process of the DP shall be
completed within the same day it is being applied, provided all
applicable fees/fines are paid in full. The
Chief of the Pollution Control Division of LLDA shall affix his/her
signature to the revalidated DP. In his/her absence, the Chief of
the Permitting Section (PS) or Monitoring and Enforcement Section (MES),
in this specific order, may affix the signature in the PCD Chief’s
name. Revalidation
of Discharge Permit shall be not earlier than one (1) month before
the revalidation date specified in therein. Section
6. Renewal of Discharge Permit The
Discharge Permit may be renewed by filing an application for renewal
in two (2) copies of forms prescribed by the Authority at least
thirty (30) days before its date of expiration and accompanied by a
filing fee in accordance with the schedule of fees. The application
shall be executed under oath by the Chief Executive Officer / owner
/ operator or his / her duly authorized representative. The renewal
application shall not be received unless and until all previously
assessed user fees or pollution charges shall have been paid and the
owner or operator shall have complied with other previously imposed
conditions. Failure
to renew during the specified period shall be subject to the
penalties under Section 32 of Board Resolution No. 33, Series of
1996. Failure
to comply with any of the conditions of the issued Discharge Permit
shall be subject to Administrative Fine under Board Resolution No.
42, Series of 1997. Section
7. Discharge Permit
Plate To
facilitate identification of establishments with valid Discharge
Permit, a Discharge Permit Plate (DPP) shall be issued for Case I
and Case 2 under Section 3 hereof subject to the following: a.
The DPP shall be issued together with the Discharge Permit
upon approval. b.
A sticker indicating the validity of the DP shall be issued
during revalidation and renewal of renewal of long term permit. c.
The DPP shall be displayed in a conspicuous location within
the establishment/facility clearly visible to the public.
It shall be protected against damage. Section
9. Self-Monitoring
Reports The
Office of the General Manager, through the Pollution Control
Division, shall formulate guidelines for the rationalization of
submission of Self-Monitoring Reports and other related activities. Resoluti
Section 8. Repealing
Clause All
orders, rules and regulations or parts thereof, which are
inconsistent with any of the provisions of this Board Resolution are
hereby repealed or modified accordingly.
Section
9. Effectivity These
rules and regulations shall take effect fifteen (15) days after
publication in a newspaper of general circulation. Approved on 27 October 2006: |
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ATTESTED
BY:
(SGD)
ATTY.
JOAQUIN G. MENDOZA Board Secretary V
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