Pollution Adjudication Board (PAB) Resolution No. 05, Series of 2021: Guidelines on the Graduated Penalty Schedule Under the Philippine Clean Water Act of 2004 (R.A. 9275) and Its Implementing Rules and Regulations.

The Pollution Adjudication Board's (PAB) resolution outlines the general provisions for penalizing establishments violating the Philippine Clean Water Act of 2004 (R.A. 9275). Establishments found in violation will receive a Notice of Violation (NOV) and must attend a Technical Conference within 30 days to address their violations, which may include discharging untreated wastewater, failing to meet effluent standards, or other prohibited acts. The resolution specifies that fines are calculated daily and may be adjusted based on the violator's ability to pay. Certain periods, such as force majeure or scheduled maintenance, may be excluded from fine calculations. Maximum fines are imposed for severe violations, and the fines increase by 10% every two years to maintain their deterrent effect. The resolution also includes guidelines for graduated penalty schedules and considers adjustments for micro, small, and medium enterprises (MSMEs) under certain conditions.