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10
GUIDELINES FOR RATING FINES
RESOLVED, as it is hereby resolved, that the following are the guidelines for rating
fines as the Pollution Adjudication Board has the power to impose penalties of fine
pursuant to Section 9 of P.D. No. 984; to fix various fines within the limits already
marked out by law; and to restrict the discretion of the hearing officer in the gradation of
the maximum fine.
For various degrees of violations, the PAB suggests the following factors to be
considered and should be applied independently to water pollution or air pollution, in
such a way that a company polluting both water and air environment should pay the total
fine or the water pollution fine plus air pollution fines plus other fines.
1. Duration of violation - the length of time any of the NPCC Rules and Regulations
now adopted by the PAB is violated, measured in terms of calendar days and not in terms
of hours the plant is operational (6.5 pts.)
2. Present condition of the water, land or other places affected. - (5.5 pts.)
3. Capacity of source (of pollution) for effluent discharge expressed in terms of cu.m.
per unit time, and for air expressed in terms of cu.m. per minute, or HP capacity of the
boiler, or the area of the furnaces or ovens. (4.5 pts.)
4. Average deviation from effluent or emission standards. - based on the revised
Effluent Regulations (1982) for water and 1978 NPCC Rules and Regulations for air.
These effluent standards also depend on the classification of the receiving water in
accordance with the 1978 Rules. (3.5 pts.)
These factors are given inherent weights as indicated but each is furthermore
categorized as slight, moderate, or gross which has corresponding points, of 1,3,5 or are
given direct categorical points (1,2,3,4,5) depending on the sub-classification. The value
assigned to each factor as weight is multiplied by these "categorical" as may be
determined by the following tables:
2) Present condition of the water, land, or other places affected (5.5 pts.)
a. water - based on the 1978 Rules and Regulations, the water quality criteria
shall be applicable to the 5-10 selected parameters. (for water body classification
and water quality criteria)
The following are the categories:
excessive - the water quality is considered excessively altered if at least
5 of the total number of parameters selected failed to pass
the criteria.
Note: For unclassified rivers, the quality of the water downstream of outfall should not be
poorer or/should not differ with the water quality upstream by one classification
(based on the 1978 NPCC Rules and Regulations water Quality criteria). In other
words, the upstream of the river should be first instantly classified according to the
1978 NPCC Rules and Regulations criteria. Based on this classification, the effect on the
water quality of downstream of outfall can then be categorized as slight, moderate or
excessive.
b. air-
Rural industrial/commercial 1
Rural residential 2
Urban industrial 3
Urban commercial 4
Urban residential 5
Maximum points of 27.5 (5.5 x 5)
Note: For other metals, the capacity in kg/hr is derived by multiplying the values for steel
with the following factors: aluminum = 1.6; Gold = 5; Silver = 2.8
b.4) Incinerators
Grate surface Capacity Points
Area, sq. m (kgs. /hr)
Up to 1.0 up to 115 1
Up to 1.75 up to 225 2
Up to 2.75 up to 340 3
Up to 3.5 up to 475 4
Over 3.5 over 475 5
Up to 50 1
125 2
200 3
275 4
over 275 5
Up to 1 MT/hr. 1
5 MT/hr. 2
7.5 MT/hr. 3
10 MT/hr. 4
over 10 MT/hr. 5
Up to 10 kgs./hr. 1
500 kgs/hr. 2
750 kgs/hr 3
1000 kgs/hr 4
over 1000 kgs/hr. 5
a. water -
a.1) heavy metal and toxic substances
a.3) BOD
b. air -
The points obtained from these pollution factors when added can get a maximum
point of 100.
"Failure to pay the fine and to rectify the violation, herein mentioned in
accordance with P.D. 984 and its implementing rules and regulations
within the period specified in the Authority to Construct which must be
secured within thirty (30) days upon receipt of the Order shall constitute an
automatic ground for cessation of the pollutive operations and activities of
the firm."
SCHEDULE OF FINES
POINTS UNIT
1-10 500.00
11-20 1,000.00
21-30 1,500.00
31-40 2,000.00
41-50 2,500.00
51-60 3,000.00
61-70 3,500.00
71-80 4,000.00
81-90 4,500.00
91-100 5,000.00
The above table applies to all cases of pollution control or abatement except those
cases specified in Section 8 of P.D. 984, in which the maximum fine of P1,000.00 per
day shall be imposed pursuant to Section 9 (b) of P.D. 984. For violation of Section 8, the
table below shall apply:
POINTS AMOUNT
1-10 100.00
11-20 200.00
21-30 300.00
31-40 400.00
41-50 500.00
51-60 600.00
61-70 700.00
71-80 800.00
81-90 900,00
91-100 1,000.00