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RESOLUTION NO.

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:

1) Duration of violation (6.5 pts.)


Less than one year : 1 : Slight
One to two years : 3 : Moderate
More than two years : 5 : Gross
The maximum points for this is 32.5 pts. (6.5 x 5)

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.

moderate - if 2 to 4 parameters failed to meet the criteria.

Slight - if any of the selected parameter failed to meet the criteria


provided that the corresponding discharge is not more than
500 m3/ day.

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-

Classification Categorical point

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)

3) Capacity of source (4.5 pts.)


a. water (m3/day)

Discharge (m3/day) Point


Below 30 1
30 but less than 100 2
100 but less than 500 3
500 but less than 1000 4
1000 and above 5

b. air pollution source and control facilities


b.1) Steam boilers and oil heaters
Rated Hp Kgs/hr.cap. Keal/hr. Keal/hr.
Points
(steam) (steam) (Oil)
up to 50 up to 784 up to 422 up to 375
1
100 1568 844 750
2
200 3136 1476 1500
3
300 4704 2531 2250
4
over 300 over 4704 over 2531 over 2250
5

b.2) Other fuel burning installations

Grate surface, Solids Fuels Oil Gas


Points
Area kgs/hr. li/hr. m3/hr

Up to 0.9 up to 112 up to 112 up to 118


1
1.8 225 255 225
2
2.7 340 340 337
3
3.5 473 473 474
4
over 3.5 over 473 over 473 over 474
5

b.3) Electric furnace and ovens

KW Steel Bronze Iron Points


(Capacity, kilogram/hr)

up to 75 up to 100 up to 180 up to 110 1


up to 125 185 350 205 2
up to 175 270 515 300 3
up to 225 375 680 405 4
over 225 over 375 over 680 over 405 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

b.5) Air Pollution


Installation (Source)

Capacity m3/min. Points

Up to 50 1
125 2
200 3
275 4
over 275 5

b.6) Process equipment

(1) For other raw materials


Rated Capacity Points

Up to 1 MT/hr. 1
5 MT/hr. 2
7.5 MT/hr. 3
10 MT/hr. 4
over 10 MT/hr. 5

2) For odorous raw materials

Rated Capacity Points

Up to 10 kgs./hr. 1
500 kgs/hr. 2
750 kgs/hr 3
1000 kgs/hr 4
over 1000 kgs/hr. 5

4) Average deviation from effluent or emission standards (3.5 pts)

a. water -
a.1) heavy metal and toxic substances

Range Point Remark

Below 10% of the standards 1 slight


10%-20% of the standards 2 moderate
over 20% of the standards 5 gross

a.2) physical and chemical substance (except BOD)

Range Point Remark

Below 20% of the standards 1 slight


20%-40% of the standards 3 moderate
over 40% of the standards 5 gross

a.3) BOD

Range Point Remark

Below 25% of the standards 1 slight


25%-75% of the standards 2 moderate
over 75% of the standards 3 gross

b. air -

Range Point Remark

Below 20% of the standards 1 slight


20%-40% of the standards 3 moderate
over 40% of the standards 5 gross

maximum points 17.5 (3.5x5)

The points obtained from these pollution factors when added can get a maximum
point of 100.

Depending on the number of points garnered the fines shall be imposed


according to the graduated scales shown below, (provided that the daily fine to be
imposed shall not be less than 10% of the daily gross income but not greater than the
maximum fine prescribed by P.D. 984. provided further that, these penalties shall be
applicable only months, after receipt of the order imposing the penalties in order to give a
chance to every respondent to comply with the law and so avoid penalties. (This special
consideration applies only to pending cases. For all subsequent cases, the penalties are
immediately applicable), Every dispositive portion of the order should contain the
following:

"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