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The President/General Manager

Corporation Name
Project Name
Address

SUBJECT : NOTICE OF VIOLATION

Dear Sir/Madam:

This pertains to the operation of your Plant Project located at the above-mentioned address.
Please be informed that based on the inspection conducted by personnel of this Office on
December 28, 2017, it was disclosed that you violated the terms and conditions of your
Environmental Compliance Certificate (ECC) with Reference No. ________________,
particularly the following:

ECC Condition No. 3 which states that “a Permit to Operate for Air
Pollution Source and Control Installations shall be secured form this Office.”

Nature of Violation: You failed to secure valid permit to operate for your Air
Pollution Source and Control Installations.

ECC Condition No. 4 which states that “a “Discharge Permit” shall be


secured from this Office.”

Nature of Violation: You failed to secure a valid Discharge Permit for your
Sewerage Treatment Facility/Wastewater Treatment Plant.

ECC Condition No. 6 which states that “all proposed environmental


management measures contained in the Environmental Management Plan
(EMP) be implemented.

Nature of Violation: Failed to establish/implement the following:

1. Smokestacks/chimneys have no installed pollution control devices


such as water scrubber and/or filter scrubber.
2. Failure to secure valid Permit to Operate for the Air Pollution Source
and Control Installations to ensure compliance with the Emission
Standard set by the DENR.
3. Wastewater/Sewerage Treatment Facility has no valid Discharge
Permit to ensure compliance with the DENR effluent Standard.

4. Failure to provide proper labeling, handling, and storage of the


contaminated wastewater (F602) and failure to declare all generated

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hazardous wastes based on the actual activities/operation of the
company.
5. Failure to comply with the environmental measures that resulted to
complaints of the nearby residents.

ECC Condition No. 8 which states that proper handling, storage, transport,
disposal, treatment and collection of toxic and/or hazardous substances shall be
implemented in accordance with the provisions of R.A. 6969 otherwise known
as the Toxic Substance, Hazardous and Nuclear Wastes Act of 1990 and its
Implementing Rules and Regulations.

Nature of Violation: Failure to provide proper labeling, improper handling, and


storage of the contaminated wastewater (F602) and failure to declare all
generated hazardous wastes based on the actual activities/operation of the
company.

ECC Condition No. 14 which states that “any authorized DENR-EMB


personnel with proper identification card and travel/mission order, shall be
allowed unconditional access to conduct an on-the-spot inspection and
monitoring to oversee proponent’s compliance to the ECC and other applicable
environmental laws, without the need of prior notice to the proponent.

Nature of Violation: Failure to allow unconditional access during the conduct


of inspection despite the presented travel order. Furthermore, personnel who
conducted the inspection/investigation were allowed to enter only after
imposition of several conditions, such as the prohibition of taking pictures
within the plant premises.

ECC Condition No. 15 which states that “a Self-Monitoring Report” shall be


prepared and submitted to DENR-EMB.

Nature of Violation: Non-submission of the required reports.

Under Item 33 (c) of the Revised Procedural Manual for Department Administrative Order No.
30 Series of 2003, Implementing Rules and Regulations of Presidential Decree No. 1586
Establishing the Philippine Environmental Impact Statement System provides that -

“In case of violation of ECC conditions, EMP, or EIS rules and regulations: The
sum of P50,000.00 is set as the maximum amount of fine per violation. Violation
of one condition in the ECC is an offense separate and distinct from the violation
of another condition.”

Likewise, your Environmental Compliance Certificate clearly states that –

“Non-compliance with any of the conditions setforth herein shall be sufficient


cause for the cancellation or suspension of this certificate and/or imposition of a
fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every
condition violated”

Moreover, the aforementioned findings likewise violated certain environmental laws, particularly
the following:

1.) Section 27 Chapter 5 of the Implementing Rules and Regulations of RA 9275 or the
“Philippine Clean Water Act of 2004” for the act of discharging regulated water

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pollutants into a water body or into land from which it might flow, drain or wash into
such surface, ground, coastal or marine water without the valid Discharge Permit. Thus,
the said act would constitute a penalty in the amount of PhP 10,000.00 to PhP
200,000.00, and/or issuance of an Order for the closure, suspension of development or
construction or cessation of operation, or whenever appropriate disconnection of water
supply.

2.) Sec. 1 of Department Administrative Order (DAO) No. 2004-26 Amending Rule
XIX of DAO No. 2000-81 (Implementing Rules and Regulations of 8749), which
provides that “All sources of air pollution subject to these Implementing Rules and
Regulations must have a valid Permit to Operate issued by the Environmental
Management Bureau (EMB) Regional Director.” Thus, the operations of your Air
Pollution Source and Control Instalaltion violated the said provision that would warrant a
penalty in the amount of not less than Ten Thousand Pesos (Php.10,000.00) but not more
than One Hundred Thousand Pesos (Php.100,000.00) or six (6) months to six (6) years
imprisonment or both shall be imposed.

3.) Violation of the provisions of R.A. 6969 otherwise known as the Toxic Substances
Hazardous and Nuclear Wastes Act of 1990 and its Implementing Rules and
Regulations IRR), particularly the Prohibited Acts of Department Administrative Order
(DAO) 22 Series of 2013 for failure to provide proper labeling and improper handling,
management and storage of hazardous wastes which is a violation of any of the
provisions on the governing rules and regulations.

The foregoing considered, you are hereby directed/required to explain in writing, duly subscribed
before a Notary Public, within ten (10) days from receipt hereof, why you should not be
penalized in the above-mentioned amount and to show cause why no Order should be issued
against you, directing immediate cessation of the project operation.

Moreover, you or you authorized representative (Pollution Control Officer (PCO) is hereby
invited to attend a Technical Conference to thresh out issues and concerns relative to the above-
mentioned violations. The Conference will be held on _______________, __________ at the
Office of the Regional Director Office located at ___________________________,
____________.

Failure to appear or submit your explanation shall be construed as waiver on your part to be
heard and this Office shall institute appropriate legal action against you based on the evidence on
record.

Please be guided accordingly.

Very truly yours,

OIC, Regional Director

CC:

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