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Administrative Investigation

This document outlines scenarios for discovering alleged environmental violations and the process for addressing them. (1) A violation can be discovered through complaints or non-monitoring sources. (2) It can also be discovered through field monitoring, inspection, surveillance or desk review. If the violation is actionable under the law, the agency sends a notice to the violator requesting a reply within 7 days. If not actionable, the complaint is referred elsewhere. The process involves notices of violation, hearings, appeals, compliance checks and clearance once penalties are paid.

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Noreen T� Claro
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185 views5 pages

Administrative Investigation

This document outlines scenarios for discovering alleged environmental violations and the process for addressing them. (1) A violation can be discovered through complaints or non-monitoring sources. (2) It can also be discovered through field monitoring, inspection, surveillance or desk review. If the violation is actionable under the law, the agency sends a notice to the violator requesting a reply within 7 days. If not actionable, the complaint is referred elsewhere. The process involves notices of violation, hearings, appeals, compliance checks and clearance once penalties are paid.

Uploaded by

Noreen T� Claro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as XLSX, PDF, TXT or read online on Scribd
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POSSIBLE SCENARIOS

(1) Discovery of alleged violation from complaints and non- monitoring sources
(2) Discovery of violation either from:
(A) Field Monitoring
(B) Field Inspection
(C) Field Surveillance
(D) Desk Review

Actionable
ALLEGED VIOLATION under PD
OR DISCOVERY OF 1586?
START
VIOLATION

NO

EMB Director/ RD fefers compliant to


Pollution Adjudication Board (PAB) o
government entities/LGUs with direc
mandate on the complaint
CASE DECISION DOCUMENT TO BE SENT TO
PROPONENT SHALL INCLUDE:

a) Clearance Letter (CL), and DENR-EMB sends


b) Notice of Violation (NOV) and Order of Payment Proponent a Show Cause
Letter (SCL) as to why
penalty or fine will not
be imposed.

CH drafts/Hearing
Officer issues the Whether Proponent DENR-EMB/Case
Case Decision attends or not, case is handler may still hold
Document (CDD) to the deemed submitted for technical hearing or
Proponent decision technical conference

Proponent files MR
Proponent YES with ECC issuing
appeals? office within 15 days
from receipt of NOV
Proponent files MR
Proponent with ECC issuing
appeals? office within 15 days
from receipt of NOV

If MFR is denied
NO files appeal to n
authority w/in
receipt of

Follow-up
investigation

Complied with DENR-EMB issues


NIV and paid YES
penalties/fines? Clearance Letter

NO

Case will be reffered


to DENR-EMB Legal
EMB RO transmits
CRD to Proponent)

END
FOR SCENARIO 1 = Notice of Alleged
Violation (NAV) and requests for an official
reply as to why the Proponent should not
be penalize.
FOR SCENARIO 2 = Notice of Adverse Findings
(NAF) and requests for an official reply as to
why the Proponent should not be penalized

Actionable
under PD YES
1586? DENR-EMB send
proponents a notice

NO
DENR-EMB may
conduct field
rector/ RD fefers compliant to validation, site
on Adjudication Board (PAB) or inspection, etc.
ment entities/LGUs with direct
te on the complaint

DENR-EMB sends Proponent


oponent a Show Cause NO replies in 7
Letter (SCL) as to why days?
penalty or fine will not
be imposed.

YES
DENR-EMB/Case
handler may still hold
technical hearing or Case handler
technical conference evaluates

Legal Officer CH prepares TH


Case handler reviews conducts Technical
motion Report
Hearing (TH)
Legal Officer CH prepares TH
Case handler reviews conducts Technical
motion Report
Hearing (TH)

If MFR is denied, Proponent Legal Officer


files appeal to next level of EMB RO transmits prepares Case
authority w/in 15 days of CRD to Proponent Resolution
receipt of CRD Document (CRD)

CH#2 reviews appeal


Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are unde
MB issues Public involvement, which typically begins at scoping but may occur at a
ce Letter Legal Officer #2
conducts TH

CH#2 prepares TH
Report

Legal Officer #2
ansmits prepares Case
ponent) Resolution
Document (CRD)
cess as requirements are under the mandate of other entities
at scoping but may occur at any stage of the EIA process

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