PLACE LETTERHEAD

15 March 2022
ENGR. MARIA SOCORRO A. ABU, PhD
Regional Director (Region V)
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Regional Office No. V
Regional Center Site, Rawis, Legazpi City

Re: Reply to Notice of Violation with Urgent Plea

NOV-LEGAL-WDP-2022-0009

Dear Sir:

We write in response to the above-captioned matter, and in

compliance with your directive to explain in writing within ten (10)
days why CHMSC LOURDES HOSPITAL should not be penalized under
Sec. 14 and Sec. 27a of DAO 2005-10 or the Impelementing Rules and
Regulations of the “Philippine Clean Water Act of 2004.”

A. Timeliness of the Letter

Having received the above letter on 08 March 2022, CHMSC

Lourdes Hospital has 10 days from the said date, or until 18 March 2022
within which to submit the said explanation letter/position paper. Thus,
its timeliness.

B. Factual Antecedents

CHMSC Lourdes Hospital was founded in 1955, and has been

serving the Rinconada Area since then. In its 67 years, it has never been
held liable for any environmental violation by the DENR or its
predecessor agencies.

On _______, CHMSC Lourdes Hospital first operated a

Wastewater Treatment Facility (Septic Tank) and obtained a
Wastewater Discharge Permit (WDP) from DENR.

For the next several years, CHMSC Lourdes Hospital timely

renewed its WDP, and complied with all requirements. This was
faithfully performed by its management, with the assistance of its
Pollution Control Officer (PCO), MS. GINA TADURAN. (“MS. TADURAN”)

Around the first week of November 2021, Ms. Taduran sought

permission for an emergency leave of 3 months until 27 January 2022.
Being a long-time employee, management agreed. Ms. Taduran turned-
over all files, and gave instructions regarding proper recording and
testing of facilities. She also agreed to be on standby for consultations
and inquiries.

Unfortunately, Ms. Taduran inadvertently failed to remind staff

members and management of the pending deadline on the renewal of
the hospital’s WDP, set for 07 December 2021.

Upon Ms. Taduran’s return on 27 January 2022, she immediately

raised alarm on the missed deadline. This is the first time that the
hospital ever missed compliance and renewal of the WDP.

The next day, water testing was arranged and conducted, which
results were released only on 11 February 2022.

Documentary requirements were compiled regarding the

application renewal and on 05 March 2022, CHMSC Lourdes Hospital
immediately filed the necessary application with attachments with the
DENR.

On 08 March 2022, CHMSC Lourdes Hospital received the Notice

of Violation directing it to file its letter explanation/position letter
within 10 days through registered mail and electronic means.

Hence, the timeliness of this letter.

C. CHMSC’s has always been compliant and timely in its renewal

of its WDP. The belated renewal was inadvertent, and
unintentional.

Records would show that since its first application, CHMSC

Lourdes Hospital has always been compliant with DENR’s Rules and
timely renewed its WDP. This is the first time that CHMSC was remiss,
and it was caused by mere inadvertence.

As previously stated, the belated renewal was caused by the

emergency leave of the pollution control officer. Immediately upon
assuming her duties and the inadvertence noticed, CHMSC Lourdes
Hospital immediately caused the testing of the Septic Tank and
submission of pertinent records.
 Clearly, the belated submission of the renewal was by mere
inadvertence and excusable negligence.

D. CHMSC never discharged, deposited, nor caused the deposit of

any material on water bodies or surface waters causing water
pollution or impeding the natural flow of water. It merely
operates a septic tank that continues to be of good condition.

Sec. 27a of DAO 2005-10 provides, to wit—

“Discharging, depositing or causing to be

deposited material of any kind directly or
indirectly into the water bodies or along the
margins of any surface water, where, the same
shall be liable to be washed into such surface
water, either by tide action or by storm, floods
or otherwise, which could cause water
pollution or impede natural flow in the water
body;”

To be held liable under the foregoing provision, it is clear that the

following elements must concur:

1. The alleged violator caused the discharge, deposit or

caused to be deposit of any material;

2. That such was committed directly or indirectly into

the :

a. Water bodies or

b. Along the margins of any surface water

3. And that such discharge, deposit or material caused

to be deposited may be washed into such surface
water by storm, floods or otherwise; and

4. The discharge could cause water pollution or impede

the natural flow in the water body.

Based on the elements, the violator should be shown to have

discharged, deposited or caused the deposit of material into a surface
water. The said provision, however, cannot be deemed to apply to a
septic tank owner who merely operates what is akin to wastewater
storage facility that is not leaking, nor discharging the said
wastewater.

In other words, Section 27a could only be deemed to apply in

cases of actual discharge or leaking of a septic tank. This is especially
true to CHMSC Lourdes Hospital whose continued operation and
compliance with environmental requirements for ownership of a septic
tank is up-to-date.

If inspection were conducted presently, the said septic tank of

CHMSC Lourdes Hospital shall be shown to be compliant. In fact, its
most recent test would show that it is within acceptable standards by
the DENR.1

E. Plea and Prayer

CHMSC Lourdes Hospital has been in operation for more than

67years and has never been held liable by the DENR for any
environmental violation. It is a landmark in the Rinconada Area and
serves its constituency patients with utmost dedication.

CHMSC Lourdes Hospital begs the indulgence of the DENR for its
inadvertence in the renewal of its WDP. It has taken corrective
measures to ensure that it will not happen again.

Again, it apologizes and pleads that this case be resolved

equitably with due regard to the hospital’s status and financial state,
which has been affected by the pandemic.

WHEREFORE, CHMSC LOURDES HOSPITAL most respectfully

prays that:

1. Its inadvertence and neglect be considered as excusable

and not intentional; and

2. That its alleged violation of Sec. 27a of DAO 2005-010 be

DISMISSED for lack of material basis.

Should you have any questions or other concerns, please do not

hesitate to write or call.
1
Please find water testing results for 28 January 2022 as ANNEX “A;”
Best regards.

Sincerely Yours,

LOURDES C. ENCISO
Asst. Hospital Administrator