(NAR) VOL. 19 NO. 3 / JULY - SEPTEMBER 2008
a. For projects classified as Environmentally Critical ECP and other projects classified as critical based on the nature of activity/process posing significant environmental risk (i.e. hazardous waste disposal facility, sanitary landfills, etc.) found operating without a valid ECC and after observing the due process shall be ordered closed, through a Cease and Desist Order (CDO) as cited in Section 6.0 of DAO 96-37. However, for projects that pose danger to life and property, a Cease and Desist Order (CDO) shall be immediately issued.A maximum of 80% reduction in penalty can only be imposed provided that the project ponent meets all of the above criteria.
b. For projects located in Environmentally Critical Areas (ECAs)
The following criteria for the reduction of the Php 50,000.00 maximum penalty shall be implemented for projects located in an ECA:1. Nature of ECC Application
25% reduction of the maximum penalty if the proponent has applied for an ECC before issuance of Notice of Violation (NOV).
2. % Completion
10% reduction of the maximum penalty if the project is not more than 25% completed; and
5% reduction of the maximum penalty if the project is more than 25% completed but less than 50% completed.
No reduction if project is more than 50% completed.
Note; The proponent shall submit a certified scope of work with supporting documents. In case the proponent submitted an unverified certification, it cannot avail of the above reduction.
3. Project Cost
20% reduction of the maximum penalty if the project cost is less than or equal to Php5.0M; and
10% reduction of the maximum penalty if the project cost is not more than Php10M-
Note: A certification from the proponent shall be submitted regarding the project cost with supporting documents, i.e., SEC Registration showing capitalization. In case the proponent submitted an unverified certification, it cannot avail of the above reduction.
4. Project Impact on the Environment
25% reduction of the maximum penalty if the project does not cause adverse environmental impacts.