PAB Resolution No.

1 series of 2010
RULE II
DEFINITION OF TERMS
SECTION 1. DEFINITION OF TERMS - As used in these Rules:
(q) Formal Lifting Order (FLO) shall refer to an Order from the Board
permanently setting aside the Cease and Desist Order for a particular violation
after satisfactory compliance with the conditions set by the Board.
(gg) Temporary Lifting Order (TLO) shall mean an order issued by the
Board, after a satisfactory showing of the respondents compliance with
specified conditions, to provisionally set aside the effect of a Cease and Desist
Order and allow the limited operation of a facility or business but only for a
specific purpose or for a limited period.

Pursuant to Section 19 of Executive Order 192, the powers and functions

maybe delegated to the Regional Officers of the Department in accordance with
rules and regulation to be formulated by the Board.

SECTION 8. ISSUANCE OF CEASE AND DESIST ORDER. Where there is

prima facie evidence that the emission or discharge of pollutants constitutes an
immediate threat to life, public health, safety or welfare, or to animal or plant
life, or greatly exceeds the allowable DENR Standards, as provided in guidelines
established by the Board, the Regional Director may immediately issue an
Interim CDO pursuant to the provisions of the applicable law, which shall be
effective for a period not longer than seven (7) days. The Interim CDO shall in
all respect be considered as a regular CDO if it is subsequently confirmed by
the Board or the Secretary, as the case may be. Such confirmation may only be
made prior to the lapse of the Interim CDO.

RULE X
ORDERS, RESOLUTIONS AND DECISIONS
SECTION 1. CEASE AND DESIST ORDER. Whenever the Board finds
prima facie evidence that the emission or discharge of pollutants constitutes an
immediate threat to life, public health, safety or welfare, or to animal or plant
life, or exceeds the allowable DENR Standards, it may issue or recommend to
the DENR Secretary an ex-parte order directing the discontinuance of the same
or the temporary suspension or cessation of operation of the establishment or
person generating such pollutants, without need of a prior public hearing.
The Cease and Desist Order (CDO) shall be immediately executory and
shall remain in force and effect until modified or lifted by the Board or the
DENR Secretary.
The Board or the DENR Secretary may also direct the Regional Office to
revoke, suspend or modify any permit to operate a pollution control facility or
any clearance whenever such is necessary to prevent or abate the pollution.
SECTION 2. CEASE AND DESIST ORDER AGAINST WHO ISSUED. A
CDO shall be issued against the respondent immediately directing it to stop or
refrain from doing, conducting an act or continuing a particular activity or
course of action in violation of environmental laws; such as but not limited to,
the operation of a particular machine, equipment, process or activity or doing a
particular act expressly prohibited by law.

SECTION 3. CDO UNDER THE CLEAN AIR ACT. Under the Clean Air
Act, the PAB shall order the closure, suspension of development, construction,
or operations of the stationary sources until such time that proper
environmental safeguards are in place. (Chapter VI, Section 45)
SECTION 4. BOARD ACTION ON INTERIM CEASE AND DESIST
ORDER. Where an interim CDO effective for seven (7) days has been issued by
the Regional Director the Board shall issue a Cease and Desist Order or

recommend to the Secretary the issuance of a CDO, pursuant to the provisions

of the applicable law.
SECTION 5. REMEDY OF RESPONDENT. The respondent may contest
the order by filing a motion to lift the order with the Board, with proof of
service of copies thereof to the Regional Office and the other parties.
The Board shall direct the Regional Office which has jurisdiction over the
case and the other parties to file their comments within five (5) days from
receipt of the motion. The motion shall be set for hearing or calendared for the
Board's deliberation. The filing of such motion shall not stay the enforcement
and execution of the order.
SECTION 6. IMPLEMENTATION OF CEASE AND DESIST ORDER. The
Regional Director or his duly authorized representative, in coordination with
the Regional Executive Director (RED) shall implement or cause the
implementation of the Cease and Desist Order no later than seventy-two (72)
hours from receipt thereof. He shall submit to the Board a report within fortyeight (48) hours after the completion of the implementation, stating therein the
actions taken. Should the Cease and Desist Order be implemented beyond
seventy-two (72) hours or cannot be implemented, the Regional Director shall
submit a written report to the Board stating therein the causes of delay or
non-execution.
The implementing team shall be designated by the Regional Director.
In the implementation of Cease and Desist Orders, the Regional Director
shall observe the following guidelines:
1. Upon issuance or receipt of the CDO by the Board, the EMB Regional
Director or his duly authorized representative shall inform the local
government

unit

(province/municipality/city)

concerned

regarding

the

implementation thereof by furnishing it with copies of the Orders received from

the Board;

2. Upon arrival at the respondents premises, the implementing team

shall present proper identification as well as its mission Order duly signed by
the Regional Director;
3. The head of the implementing team shall discuss the contents of the
CDO with the Managing Head and the Pollution Control Officer, or in their
absence any person in-charge thereon;
4. After the briefing, the team shall proceed with the execution by
padlocking and sealing the source from which the effluent or emission were
being generated;
5. Should there be refusal on the part of the respondent to have the CDO
implemented, the head of the implementing team shall report such incident to
the Regional Director, without prejudice to such respondent being declared in
contempt and other criminal liability under relevant laws;
6. The Regional Director, whenever it is deemed necessary, may seek the
assistance of the Local Government Units (LGUs) and/or Philippine National
Police (PNP) through its PNP Regional Director. The written communication
shall state the urgency of having the CDO implemented within the seventy-two
(72) hour period as prescribed in the existing Rules;
7. The LGUs and/or the PNP together with the same implementing team
may break into respondents premises for the purpose of implementing the
CDO in accordance with number four (4) above; and
8. After the execution, the Regional Office shall document the same with
the taking of photographs/videos and thereafter notify respondent that the
removal of the padlocks and seals is a criminal offense punishable by existing
environmental laws rules and regulations without prejudice to such respondent
being declared in contempt and other criminal liability under relevant laws.
SECTION 7. SHOW CAUSE ORDER. instead of issuing a CDO, the
Board may opt to direct respondent to Show Cause why no CDO be issued
against it, subject to these criteria:

1. The results of a series of effluent samplings shows a marked decrease

in the values of the relevant parameters; or
2. The values of the relevant parameters are not far from the DENR
Standards.
RULE XI
TEMPORARY AND FORMAL LIFTING ORDERS
SECTION 1. TEMPORARY LIFTING ORDERS. Upon Motion of the
respondent, the Board may issue or in case of violation under CWA,
recommend to the Secretary the issuance of a TLO after a satisfactory showing
of respondents compliance with the conditions provided in the CDO. The TLO
shall have the effect of provisionally setting aside the CDO and allow the
limited operations with a facility or limited operations of business for specific
purpose to be determined by the Board.
A TLO may only be issued for the purpose of implementing a
pollution control program or for the purpose of conducting a sampling and
or payment of fines.
SECTION

2.

REQUIREMENTS

FOR

THE

ISSUANCE

OF

TEMPORARY LIFTING ORDER. No TLO shall be issued unless the respondent

submits the following:
(a) In TLOs for the implementation of comprehensive pollution control
programs:
(1) The proposal containing the comprehensive PCP, including the plans
and specifications of the respondents anti-pollution facility, budget and the
Gantt chart of activities relate thereto; provided that the signatory thereof shall
be the owner if the respondent is a sole proprietorship, or the managing head
and/or its Board
Secretary, duly authorized by the Board of Directors, if respondent is a
corporation;

(2) A surety bond equivalent to twenty-five percent (25%) of the total cost
of the pollution control program, which shall likewise include the following
conditions:
a. the period within which the PCP is to be completed shall include the
period necessary for installing or preparing the facilities, machines, devices
and/or stacks for sampling or inspection;
b. that surety guarantees respondents compliance with the timetable of
construction or completion as indicated in the Gantt Chart of activities in
relation to the installation of such facilities and machines, consistent with the
period stipulated in the PCP;
c. suretys commitments that upon completion of the proposed PCP,
respondents effluent or emission shall comply with the appropriate standard.
(3) A detailed description of the interim remedial measures to be
instituted by the respondent in order to address the source of pollution within
the shortest time possible pending the completion of the PCP;
(4) Proof of the employment of a pollution control officer duly accredited
by the DENR pursuant to DAO No. 26, Series of 1992;
(5) A notarized undertaking to comply with the conditions imposed by the
Board, signed by the respondent or its duly authorized managing head; and
(6) A written commitment to comply with such other conditions that the
Board may deem appropriate under the circumstances.
(b) In TLOs for sampling purposes:
(1) Proof of the employment of a pollution control officer duly accredited
by the DENR pursuant to DAO No. 26, Series of 1992;
(2) A notarized undertaking to comply with the conditions imposed by the
Board, signed by the respondent or its duly authorized managing head;
(3) Where a commitment to undertake a PCP was made by the
respondent during the Technical Conference, a certification from the Regional
Office that such a PCP has been fully completed or implemented; and

(4) A written commitment to comply with such other conditions that the
Board may deem appropriate under the circumstances.
SECTION 3. TEMPORARY LIFTING ORDER FOR PURPOSES OF
IMPLEMENTING POLLUTION CONTROL PROGRAMS. The Board may, upon
proper motion of the Respondent, issue or recommend to the DENR Secretary
pursuant to the provisions of the applicable law, a Temporary Lifting Order
(TLO) to allow the implementation or completion of comprehensive pollution
control programs subject to the conditions provided under Section 3-A.
The TLO issued pursuant to this section shall be effective for a period to
be determined by the Board, based on the complexity of the operations involved
and the technical nature of the pollution control program, which in no case
shall exceed thirty (30) days. However, the Board may, upon proper motion and
for meritorious reasons, extend the effectivity of the TLO beyond such a period,
subject to the submission of weekly progress reports.
SECTION 4. WEEKLY PROGRESS REPORTS REQUIRED. Where a
Temporary Lifting Order (TLO) is issued for the purpose of implementing
pollution control programs, the Respondent shall be required to submit weekly
progress reports indicating therein the latest status of the construction or
rehabilitation, the percentage of work completed, and the proposed date of
sampling. Failure to submit the progress reports shall be a ground for the
revocation of the TLO issued.
SECTION 5. LAPSE OF THE TLO. Upon the lapse of the period specified
in the Temporary Lifting Order or failure to submit the progress reports, the
Cease and Desist Order (CDO) shall automatically resume its effectivity,
without prejudice to the filling by respondent of a Motion for the extension of
the TLO before the lapse of the said period.
SECTION 6. MOTION FOR EXTENSION OF TEMPORARY LIFTING
ORDER ISSUED UNDER SECTION 3-A. A motion for the extension of the
period specified in the TLO issued under Section 3-A hereof may be filed with
the Board at least fifteen (15) days before the expiration of the TLO, with proof
of service of copies thereof on the Regional Office and the parties concerned.
The Regional Office and the parties concerned may file with the Board their

comments thereto within ten (10) days from receipt of the said motion. No TLO
shall be extended by the Board except upon motion of respondent, and neither
shall any motion for extension be granted unless the respondent presents
competent proof that;
1. The remedial measures approved by the Board or the Regional Office
in granting the TLO have been substantially instituted;
2. That there has been a substantial improvement in the respondent's
effluents or emissions;
3. The respondent has regularly submitted the weekly progress reports;
and,
4. The Respondent has fully paid the fines imposed for previous
violation/s committed;
SECTION

7.

TEMPORARY

LIFTING

ORDER

FOR

SAMPLING

PURPOSES. Subject to Section 3-B hereof, any TLO issued to enable the
Regional Office to take samples shall not exceed fifteen (15) days. Upon the
lapse of the said period, the CDO shall automatically resume its effectivity;
without prejudice to the CDO taking effect prior to the expiration of the said
period, upon proof that the result of the analyses of the samples taken
indicates non-compliance with the standards.
SECTION 8. FORMAL LIFTING OF CEASE AND DESIST ORDER AND
TERMINATION OF THE CASE. Where, after a Temporary Lifting Order has
been issued or extended, there is a definite finding that the respondent's
effluents or emissions have passed the allowable DENR Standards for a series
of two (2) consecutive samplings taken from its completed wastewater treatment
facility or air pollution control facility, the DENR Secretary or the Board, may,
upon proper motion, issue a resolution formally lifting the
Cease and Desist Order and terminating the case; Provided that, the
Respondent has fully paid the fines imposed upon it.
SECTION 9. FAILURE TO COMPLY. Should the respondent failed to
abate the pollution or fully implement the approved pollution control program

or comply with the standards or any order of the Board, the Board or the
Regional Office in cases falling within its jurisdiction shall, upon the expiration
of the TLO or prior to its expiration in cases covered by Section 8 hereof, deem
the case submitted for resolution and thereafter promulgate the appropriate
decision, which shall include the reinstatement of the CDO and the imposition
of fines and/or forfeiture of bonds.
SECTION 10. FUTURE VIOLATION. Any future violation involving the
same respondent shall warrant the filing of a new case, to be assigned a new
docket number.