DENR Memorandum Circular No. 2005-003

(NAR) VOL. 16 NO. 2 / APRIL - JUNE 2005

[ DENR MEMORANDUM CIRCULAR NO. 2005-003, April 21, 2005 ]

PRESCRIBING GRADUATED ADMINISTRATIVE FINES PURSUANT TO REPUBLIC ACT NO. 6969 AND DENR ADMINISTRATIVE ORDER NO. 29, SERIES OF 1992

Pursuant to Section 15 of Republic Act 6969, "Administrative Fines" and Chapter XII, Section 43 of DENR Administrative Order No. 29, Series of 1992 (Implementing Rules and Regulations of RA 6969), the following system of graduated fines is hereby prescribed.

SECTION 1. Coverage - The fines specified herein shall be imposed for the following specific violations: Violation Fine (Pesos) a. Non-registration pursuant to the provisions of Title II, 50,000.00 DAO 29 series of 1992 under Priority Chemical List (PCL), Pre-Importation and Pre-Manufactured Notification (PMPIN) and Chemical Control Order (CCO) b. Operating with an expired Permit/Clearance 40,000.00 c. Non-compliance with the conditions of the Permit/Clearance issued, graduated as follows:

1. Non-compliance with one (1) or two (2) conditions 10,000.00 2. Non-compliance with three (3) or four (4) conditions 20,000.00 3. Non-compliance with more than four (4) conditions 30,000.00 4. Non-compliance with more than four (4) conditions and other environmental requirements of the DENR 40,000.00 d. Misrepresentation, inaccurate or inconsistent data/ information submitted 50,000.00 e. Environmental damages and other forms of environmental 50,000.00 degradation, i.e., spillage, leak, poisoning and fire accidents, among others.

SECTION 2. Repealing and Amending Clause - All Orders, rules and regulations, memoranda and other issuances inconsistent with or contrary to the provisions of this Circular are hereby repealed/amended accordingly.

SECTION 3. Effectivity - This Circular shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation. Adopted: 21 April 2005

(SGD.) MICHAEL T. DEFENSOR Secretary