Waste Management Collection, Recycling and Disposal Guidelines.
SEC. 28. Waste Management Collection, Recycling and Disposal Guidelines. - The DENR, in coordination with the DOE and the DILG, will establish guidelines for the accurate characterization of wastes arising from energy-consuming devices, equipment, fixtures, and other relevant items, including end-of-life vehicles and their component parts. These guidelines shall include appropriate containment features and management measures for hazardous wastes, consistent with Republic Act No. 6969, otherwise known as the "Toxic Substance and Hazardous and Nuclear Wastes Control Act of 1990".
A Waste Management Collection, Recycling and Disposal Strategy (WMCRDS) shall also le developed by the DOE, the DENR, and the DILG for wastes covered by this Act to ensure that these are managed and disposed properly to prevent impacts on the environment: Provided, That the WMCRDS shall include waste recovery and recycling of components of devices, equipment, fixtures, and other relevant items: Provided, farther, That the WMCRDS shall be submitted to the National Solid Waste Management Commission in accordance with Republic Act No. 9003, otherwise known as the "Ecological Solid Waste Management Act of 2000" for coordination with pertinent government agencies and units for implementation.
Strengthening of the Energy Utilization Management Bureau.
SEC. 29. Strengthening of the Energy Utilization Management Bureau. — The Energy Utilization Management Bureau (EUMB) under the DOE is hereby reorganized as follows:
(a) Alternative Fuels and Energy Technology Division whose functions shall include:
(1) Formulating policies, plans, and programs related to alternative fuels and new and advanced energy technologies' development towards socially and environmentally responsive and effective utilization of energy resources; and
(2) Developing and managing the alternative fuels and energy technology program;
(b) Energy Efficiency and Conservation Program Management and Technology Promotion Division whose functions shall include:
(1) Evaluating energy 'efficiency and conservation technologies;
(2) Promoting the increased utilization of energy efficient products;
(3) Preparing all reports for submission to other government agencies as required by law; and
(4) Developing a comprehensive information, education, and communication strategy for public awareness on energy efficiency programs and energy efficient products;
(c) Energy Efficiency and Conservation Public Sector Management Division whose functions shall include:
(1) Coordinating with the LGUs and the NEECCO to ensure consistency with the NEECP;
(2) Providing technical assistance to LGUs and other government agencies;
(3) Enhancing, expanding, and developing the GEMP; and
(4) Providing technical support to the IAEECC and acting as its Secretariat;
(d) Energy Efficiency and Conservation Performance Regulation and Enforcement Division whose functions shall include:
(1) Spearheading the creation of the NEECD in accordance with the provisions of this Act;
(2) Formulating, developing, and updating the MEP, energy labeling, and other programs indicated herein; and
(3) Enforcing the programs under this Act and its IRR, such as the MEP and energy labeling.
The Appliance Testing and Laboratory Division of the Energy Research and Testing Laboratory Services, the Legal Services under the General Legal Services Division, the Financial Services under the Accounting Division, and each field office under- their respective Energy Resources Development and Utilization Divisions of the DOE shall hereby receive additional plantilla positions to provide support service to the EUMB in the discharge of its functions under this Act.
The Secretary of DOE shall submit the revised organizational structure and staffing complement of the reorganized EUMB which shall be effective upon the approval of the Department of Budget and Management.
Prohibited Acts.
SEC. 30. Prohibited Acts. - The following acts are prohibited:
(a) Failing to comply with energy labeling;
(b) Removing, defacing, or altering any energy label on the energy-consuming product before the product is sold to the first retail purchaser or leased to the first lessee;
(c) Failing to provide accurate information or the provision of false or misleading energy information as required to be submitted under this Act;
(d) Selling, leasing, or importing energy-consuming products that do not comply with the MEP;
(e) Failing or willfully refusing to appoint or designate a CECO or CEM;
(f) Willfully refusing to submit to an on-site inspection as indicated in Section 23 of this Act;
(g) Failing or willfully refusing to submit any of the reports required herein;
(h) Failing to comply with issued orders of the DOE in the discharge of its enforcement powers; and
(i) Violating any provision of the IRR, codes, and guidelines issued in accordance with this Act.
Explanation, Recommendation, Disclosure and Order.
SEC. 31. Explanation, Recommendation, Disclosure and Order. - Upon determination that a reasonable ground exists that an establishment has committed any of the prohibited acts under Section 30 of this Act, the DOE may consider the following measures prior to the imposition of the appropriate fines and penalties for such violations:
(a) Require an explanation supported by reports, returns, and other documents to rebut the alleged commission of the prohibited act;
(b) In cases where an explanation has been issued but the DOE finds a violation because of materially insufficient reports, false returns, and nonsubmission of required documents, provide a recommendation to the said establishment;
(c) Disclose the name of the establishment after it has received a recommendation and failed to comply with such recommendation; and
(d) Issue an order in cases where the said establishment fails to follow or comply with the recommendation of the DOE: Provided, That failure on the part of the establishment to comply with the order shall be a valid ground for the imposition of fines and/or penalties in accordance with Section 32 of this Act.
Fines and Penalties.
SEC. 32. Fines and Penalties. - The DOE is empowered to impose fines and penalties for any violation of the provisions of this Act, its IRK and other related issuances. The fines and penalties shall range from a minimum of Ten thousand pesos (P10,000.00) to a maximum of One million pesos (P1,000,000.00): Provided, That this is without prejudice to the penalties provided for under existing regulations prescribed by any other concerned government agency: Provided, further, That this is without prejudice to criminal liability as stated in this Act.
Criminal Liability.
SEC. 33. Criminal Liability. - The responsible officers and employees of any establishment or organization who willfully commits any of the prohibited acts under Section 30 of this Act shall, upon conviction, suffer the penalty of imprisonment of one (1) year to five (5) years, or a fine ranging from a minimum of One hundred thousand pesos (P100,000.00) to One hundred million pesos (P100,000,000.00) or twice the amount of costs avoided for noncompliance, whichever is higher, or both, upon the discretion of the court.
Any person who willfully aids or abets the commission of the prohibited acts under Section 30 of this Act, or who causes the commission of such acts by another, shall be liable in the same manner as the principal.
In cases of association, partnership or corporation, the penalty shall be imposed on the partner, president, chief operating officer, chief executive officer, director, or officer responsible for the violation.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
