WHEREAS, Department Administrative Order (DAO) No. 2003-14 "Creating the Philippine Environment Partnership Program to Support Industry Self-Regulation Towards Improved Environmental Performance" was signed for the purpose of encouraging the business and/or industrial sector to engage in environmental improvement activities and advance self-regulation and mandatory compliance with environmental standards.

WHEREAS, the qualification for participating establishments were categorized into two (2) tracks namely:

1) Track 1 which covers establishments with proven or demonstrated superior environmental performance; and
2) Track 2 which include establishments aiming for an improved environmental performance but were not in full compliance with the administrative and/or technical requirements of environmental laws.

WHEREAS, Section 5.2.3, of DAO 2003-14 under track 2, provides that "Establishments with pending pollution cases with the PAB or LLDA have to seek endorsement from the PAB or LLDA to participate under this Track";

WHEREAS, the PAB upon review of the provisions of the said PEPP, finds the same as an effective means of encouraging its participants to attain compliance with existing environmental laws;

WHEREAS, the PEPP, by requiring endorsements from the PAB, recognizes the Board's authority and sound judgment in determining the eligibility of companies joining under Track 2;

WHEREAS, the PAB deems it appropriate to promulgate guidelines for the purpose of determining those who are qualified to participate in the said Program;

RESOLVED, AS IT HEREBY RESOLVED, the PAB hereby promulgates these guidelines for determining those who may be endorsed to join the PEPP, as well as the requirements prior to the issuance of an endorsement from the PAB:

I. COVERAGE:

A.    Eligibility.

Companies , industries and establishments aim for an improved environmental performance and compliance with environmental laws, rules and regulations, are eligible to participate in program.

B.    Disqualifications

The following shall not be eligible to the program:

1. Companies, industries and establishments, as per record of the PAB have shown willful defiance to lawful Orders and directives of the PAB, such as but not limited to the following:

1. refusal of entry to PAB authorized representatives to serve and execute a PAB Order without any justifiable reason;
   
2. refusal of entry to DENR/PAB authorized representative to conduct investigation or sampling, without any justifiable reason;
   
3. misrepresentation and misleading statements/data in any documents or verbal manifestations during hearing;
   
4. non-acceptance of a PAB Order and/or refusal to execute the Order; and
   
5. any other act and omission that would be interpreted by the PAB as a show of bad faith or contemptuous act.

2. Second line offenders or habitual offenders who have been previously issued Formal Lifting Orders (FLO) and whose cases are again pending before the Board.

This shall not preclude the subsequent acquisition of eligibility of companies falling under Nos. 1 and 2 upon submission of proof of commitment and cooperation with the PAB.

II. REQUIREMENTS

All of the following should be complied with prior to an endorsement by the Board.

1. Upon approval by the Board, respondent shall be required to pay in full the pending fines, or a commitment for the final settlement of the fines within a specified period;

2. Submission of the following documents under oath and duly signed by the Owner/President/CEO;

1. an undertaking stating full compliance to the DENR Standards within the PEPP period, which shall in no case exceed three (3) years from the commencement of the participation to the said program;
   
   
2. Quarterly environmental reports, including the results of effluent/emission; and
   
   
3. Audit report/EMS adoption after the period of participation to the PEPP;

III. APPLICABILITY OF THE GUIDELINES - These guidelines shall apply to all establishments with pending pollution cases regardless of its participation, either through industry association or establishment/single entity approach.

IV. CONSTRUCTION OF THE GUIDELINES - Nothing in the guidelines as well as in the PEPP shall be construed by the participating establishment as:

1. An absolute or partial waiver of fines and penalties for each day of violation of the DENR Effluent/Emission Standards;

2. Surrender of the Board's authority to validate the participant's performance, either through, the conduct of samplings, or the investigation of the participating establishments' activities and operation, whenever such shall be deemed necessary; and

3. Relinquishment by the Pollution Adjudication Board of its duly constituted mandate, powers and functions to protect the environment;.

V. DELIBERATIONS BY THE BOARD - The Board shall deliberate on each particular case only upon submission of an application for participation, through a motion/pleading subscribed under oath.

The Board may in its discretion, require for further clarification and/or presentation of additional requirements.

The Board within thirty (30) days upon filing of the application shall rule on the basis of the documents submitted Ex Parte.

VI. ENDORSEMENTS - The endorsements issued shall be signed by the Chairperson or the Presiding Officer, after due deliberation by the Board.

Under no circumstances shall any company with pending PAB cases participate in the PEPP, without the express endorsement from the PAB.

VII. EFFECTIVITY - this Resolution shall take effect immediately and shall continue to remain in force until the termination of the PEPP.

Adopted: 30 Sept. 2004
   
 

(SGD.) MICHAEL T. DEFENSOR
Chairman
(SGD.) DEMETRIO L. IGNACIO, JR.	(SGD.) RENATO A. DE RUEDA
Member	Member
(SGD.) JULIAN D. AMADOR	(SGD.) LEONARDO U. SAWAL
Member	Member
(SGD.) ANTHONY S.F. CHIU	(SGD.) JEFFREY MIJARES
Member	Member
Attested by:
(SGD.) ANGELITA T. BRABANTE
Board Secretary