Designation of a Pollution Control Officer

Designation of a Pollution Control Officer "I own and operate a barge which transports oils from one island to another. I was required to hire and maintain a pollution control personnel. Can I be held liable should I refuse to comply?Sincerely yours, FernicusDear Fernicus, The law that addresses your situation is Section 27 (n) of Republic Act 9275, otherwise known as the “Philippine Clean Water Act of 2004,” which reads:“SECTION 27. Prohibited Acts. — The following acts are hereby prohibited: xxx “n) Refusal or failure to designate pollution control officers whenever required by the Department in accordance with this Act and”Relatedly, Section 28 of the same law provides for the penalty: “SECTION 28. Fines, Damages and Penalties. — Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than ten thousand pesos (P10,000) nor more than two hundred thousand pesos (P200,000) for every day of violation. The fines herein prescribed shall be increased by ten (10) percent every two years to compensate for inflation and to maintain the deterrent function of such fines: Provided, that the Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or cessation of operations or, where appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case. xxx“It is clear from the cited provisions that it shall be illegal to refuse or fail to designate a pollution control officer when required by the Department of Environment and Natural Resources, and any offender may be held liable under the above-mentioned law. In your case, you can be penalized with a fine or closure of business or both if proven guilty by the court.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/