Laguna Lake Development Authority

MEMORANDUM CIRCULAR No. 2005-3, Series of 2005

 

Subject :

 

GUIDELINES IN THE APPROVAL  OF REQUEST FOR STAGGERED PAYMENT FOR DAILY PENALTIES

Pursuant to Sec. 3, Rule 10, BR 192, S-2003, the Public Hearing Committee (PHC) may allow the respondent to pay his account on a staggered payment upon submission of a proposal with schedule subject to the approval of the General Manager. 

 

In the interest of the service and to ensure uniform basis in the approval of 

request for staggered payment, the following guidelines are hereby adopted.

 

I. COVERAGE  

These guidelines shall cover the daily penalties for discharging pollutive wastewater into the receiving body of water and eventually into the Laguna de Bay.

It shall cover small, medium and large industries with arrearages for daily penalty with a minimum account payable of P 100,000.00

II. GENERAL CONDITIONS

In general, daily penalties are due and payable after fifteen (15) days from

receipt of the order to pay, unless a motion for its reconsideration is filed or an appeal is perfected within the said period. Pursuant to Rule VIII of BR 192 s- 2003, only one (1) motion for reconsideration shall be allowed.

III. TERMS OF PAYMENT

Staggered payment shall be based on the following schemes:

Small -scale industries1

P 100,000.00 to 200,000.00                                payable in 2 semi annual payments

More than 200,000 to                                         payable in 4 quarterly payments 500,000.00 within one (1) year

More than 500,000 to 1 million                           payable in 8 quarterly payments within two (2) years  

More than 1 million                                            payable in 12 quarterly payments within 3 years. Provided that the 1st  year of payment will cover at least 35% of the  arrearages.

 

Medium -scale industries 2

P 1 million                                                       payable in 4 quarterly payments within one (1)   year

more than 1 million to 2 million                          payable in 8 quarterly payments within two (2) years

more than 2 million                                           payable in 4 quarterly payments within 3 years. Provided that the 1st  year of payment will cover at least 35% of the total arrearages.

Large -scale industries 3

P 1 million to 2 million                                      payable in 4 quarterly payments within one (1)   year.

more than 1 million to 5 million                         payable in 8 quarterly payments within two (2)   years.

more than 5 million                                          payable in 12 quarterly payments within 3 years. Provided that the 1st  year of payment will cover at least 35% of the total arrearages.

IV. REQUIREMENTS FOR PAYMENT ON STAGGERED BASIS

Staggered payments for daily penalties shall be accepted subject  to the submission of proposal with schedule of payment, of a duly notarized undertaking signed by the, company's chief executive office stating clearly the reason for the availment of staggered payment, and a surety bond from the Government Service Insurance System (GSIS) equivalent to the amount of demand.

V. EFFECTIVELY

These guidelines shall take effect within 15 days after publication and shall supersede all memoranda inconsistent thereof.

      

 

Original Signed

CASIMIRO A. YNARES,  III

General Manager

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1  small scale shall mean an industry with a capitalization below Php 15.0 million. R.A. 8435s -1997

2 medium scale industries with capitalization of more  than Php 15.0 million up to Php 6.0 million

3 large scale industries with capitalization of more than hp 6.0 million