RO01-1409-0055 SUBJECT: VIOLATION OF ECC CONDITION and IMPOSITION OF PENALTY MR. HERMIN C. ALUMBRO/MR. ELMIR B, ESPINOSA Project Proponent MR. HERMIN C. ALUMBRO/MR. ELMIR B, ESPINOSA Brgy. Bobonot, Dasol Pangasinan ORDER For resolution is the case of Mr. Hermin C. Alumbro/Mr. Elmir B. Espinosa regarding violation of the Condition/s of the Environmental Compliance Certificate (ECC) bearing ECC No. R01-0803-047-6281 issued for the Gasoline Station Project located at the above address. On April 18, 2013, a monitoring was conducted by technical personnel of this Bureau and the report disclosed that Condition No. 12 of said ECC was violated, to wit “Condition No. 13 — In case of transfer of ownership of this project, the same conditions and restriction shall apply and the transferee shall be required to notify the EMB Regional Office of such transfer within fifteen (15) days.”. The proponent has not applied Amendment particularly change of ECC grantee (Ms. Jennilyn E. Espinosa Section 9 of P.D. 1586 provides that: “Any person, partnership or corporation found violating Sec. 4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or the standards, rules and regulations shall be punished by the suspension or cancellation of his/its certificate and/or a fine in the amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council”. (Underscored now Environmental Management Bureau) On September 6, 2013, this Office sent a corresponding Notice of Violation (NOV) to the respondent which also required him to explain in writing why said project should not be held lable to such violation? V/_On March 12, 2014 said NOV was delivered personally by EMB Staff to the respondent thru Mr, Elmir B. Espinosa who claims that he was given an authorization to construct/install and operate a gasoline station on the lot owned by Mr. Hermin C. Alumbro, On March 25, 2014, this Office received an explanation letter dated March 15, 2014 from Mr, Elmir B. Espinosa wherein he stated the following reasons, to wit: 4. That Mr. Hermin C, Alumbro works in Australia and already a resident therein and he seldom to go back in the Philippines. 2. That he has been given an authorization to constructinstall and operate a gasoline station within the lot of Mr. Alumbro. 3, That he gave the authority to Jennilyn A. Espinosa to manage the project without clearance from EMB because she is his daughter. This Office finds the explanation insufficient to grant Non-Imposition of Penalty because of failure to secure amendment of the ECC which is presently in the name of Mr. Alumbro wherein said ECC must be first transferred to Mr. Elmir B. Espinosa within fifteen (15) days from the date of Transfer of Ownership. In view hereof, the respondent is hereby directed to pay a penalty in the amount of Ten Thousand Pesos (P10,000.00) within ten (10) days from receipt of this Order. Failure of the respondent to pay the said amount within the prescribed period shall constrain us to take more drastic legal measures/actions without prejudice to the issuance of a Cease and Desist Order. Further, the processing of your application for an ECC Amendment (Transfer of ECC Grantee) in favor of Ms. Jennilyn A. Espinosa is hereby held in abeyance pending resolution of the violation SO ORDERED. : 26 SEP 2u14 Sevilla, San Fernando City, La Union, a JOEL G. SALVADOR, CESO /V Regional Director eRe