DENR MEMORANDUM CIRCULAR NO. 2007-03, February 28, 2007

[ DENR MEMORANDUM CIRCULAR NO. 2007-03, February 28, 2007 ]

DELEGATION OF AUTHORITY TO EMB REGIONAL OFFICES OF VARIOUS REQUIREMENTS OF DAO 2004-01 WHICH INCLUDES ISSUANCE OF "PCB REGISTRATION CERTIFICATES" AND "IMPORTATION CLEARANCE" FOR NON-PCB EQUIPMENT

In order to enhance the enforcement of the Chemical Control Order for Polychlorinated Biphenyls (DAO 2004-01) and to facilitate the issuance of PCB Registration Certificate and Importation Clearance as required by the Chemical Control Order, an order issued pursuant to Section 20 of the Implementing Rules and Regulation of Republic Act No- 69b (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990), the following are hereby delegated to the EMB Regional Offices:

I. Registration under Section IV of DAO 2004-01

Evaluation of Registration application

Issuance of PCB Registration Certificate

Issuance of Letter of Exemption to the other requirements of the Chemical Control Order

II. Annual Reporting Requirements under Section IV of DAO 2004-01

Evaluation of Annual Reports, Inventory Reports, Spill Prevention and Clean-Up Plan, Storage Facility Closure Plan, and PCB Management Plan based on the requirements of Section IV (2.1, 2.2, 7, 8 and 9) of DAO 2004-01

Maintenance of Database of PCB registrants and other pertinent data contained in the Annual Reports

A Guidance Document for the Implementation of Chemical Control Order for polychlorinated Biphenyls is hereby prescribed to all EMB Regional Offices to attain a uniform implementation of this regulation. The Guidance Document shall be up-dated by the EMB Central Office when the need arises. EMB Regional Offices shall submit monthly report regarding the implementation of delegated authority prescribed herein.

All EMB Regional Offices is hereby required to strictly enforce the Penalty Provision prescribed under Section X of DAO 2004-01. With regards to the imposition of Administrative Fines, DENR Memorandum Circular No. 2005-003 (Prescribing Graduated Administrative Fines Pursuant to Republic Act No. 6969 and DENR Administrative Order No. 29, Series of 1992) shall prevail.

This Memorandum Circular shall take effect immediately.

Adopted: 28 Feb. 2007

(SGD.) ANGELO T. REYES Secretary