Pursuant to Section 5 of Board Resolution No.192, Series of 2004 Approving the Revised Rules. Regulations and Procedures Implementing Republic Act No.4850 as Amended, Temporary Lifting Orders (TLOs) may be issued by the LLDA Public Hearing Committee (PHC) to respondent under Cease and Desist Order (CDO). for re-sampling purposes and to allow the implementation of a comprehensive pollution control program. Accordingly, no TLO shall be issued unless the respondent fully complies with the requirements for its issuance. To ensure that the intent of the TLO is effectively achieved and to institute consistency in the requisites for such issuance and as basis in the review thereof by the Public Hearing Committee, pursuant to Section 7 (Requirements for the Issuance of a Temporary Lifting Order) of Board Resolution No.192. the following guidelines are hereby issued:

c) The escrow fund shall be held by the Escrow Agent for the entire period of the construction, commissioning and turnover of the WTF, but not later than the period of the Temporary Lifting Order;

d) The terms and conditions of the Escrow Agreement shall be subject to the approval of the LLDA, including but not limited to the following:

i) The respondent shall not withdraw the Escrow Fund or any part thereof, nor constitute the same or any part thereof as a guaranty or collateral to secure loans or the performance of obligations.

ii) If the respondent successfully completes the construction of the WTF and/or performance of an undertaking, the Escrow Agent shall release to the respondent the escrow fund upon presentation of the following documents on or before the expiration of the period of the TLO:

   - Duly notarized original Certificate of Completion of the WTF/undertaking stamped received by the LLDA; and  

   - Original Inspection Report issued by the LLDA certifying to the completion of the WTF/undertaking.

iii) Within three (3) days from receipt of a written request from the respondent, the LLDA shall conduct an inspection of the completed WTF/undertaking and, thereupon, it shall issue the two afore-mentioned documents if the WTF/undertaking is in accordance with the submitted construction design and timetable;

iv) If the respondent has failed to complete the construction of the WTF/undertaking within the TLO period, the Escrow Agent shall release tp the LLDA the escrow fund including interest earned thereon, upon presentation by the Authority of a written agreement co-signed with the respondent authorizing the Escrow Agent to release the escrow fund and accrued interest to the LLDA. The escrow fund and interest thereon shall be applied by the LLDA to the payment of any such liabilities and obligations that may arise from the respondent's failure to conform with the effluent standards set by the LLDA or other fees, charges, fines and penalties relative thereto;

v) Upon release of the escrow fund, the respondent and the LLDA shall execute and deliver to the Escrow Agent the proper quitclaim and acknowledgement substantial in form and substance as provided for in Annex " A " hereof and shall be made an integral part of the Escrow Agreement.

vi) The Escrow Agreement shall be terminated upon release of the escrow fund to the respondent or to the LLDA, as the case may be, pursuant to the terms and conditions of the Agreement.

2. Payment of accumulated daily penalties

The respondent shall pay the accumulated daily penalties in accordance with the following scheme based on the period of violation of the efficient standards and other LLDA requirements:  

The remaining balance to be paid within six ( 6) months from initial payment or upon compliance with the effluent  standards, whichever comes first.

The remaining provisions of Section 7 of Board Resolution No.192 are hereby reiterated .

All circulars, rules and regulations, orders and other issuances inconsistent with or contrary to the provisions of this Order are hereby repealed or modified accordingly.

So Ordered.

14 August 2006. 

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