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Laguna Lake Development Authority |
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MEMORANDUM CIRCULAR No. 2005-3, Series of 2005 |
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Subject : |
GUIDELINES IN THE
APPROVAL OF REQUEST FOR STAGGERED PAYMENT FOR DAILY PENALTIES
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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
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