Section 4
SEC. 4. Powers of the Commission Upon Notice and Hearing. The Commission shall have the powers, upon proper notice and hearing: (1) To determine a rational plan for the extent or radius of a particular area or areas within which the establishment of factories, plants, industries and the like may be regulated. Once determined, all new factories, plants or industries and the like may be established or operated within the area, or existing ones expanded or reconstructed, but only upon approval by the Commission. (2) To determine whether existing factories, plants, industries, building and the like or components thereof need to be transferred, relocated, terminated or otherwise demolished. Once determined, the Commission shall institute the appropriate proceedings as specified in Section 3 hereof. In such determinations, the Commission shall be guided by the following considerations: (a) Whether the factories, plants or industries and the like established or to be established, are pollutants or non-pollutants, hazardous or non-hazardous and/or combustible or non-combustible. (b) Whether the factories, plants, or industries and the like are located in an area which is so congested and densely populated as to threaten the health, safety and security of a considerable number of people. (c) Whether the transfer or relocation of the plant, factory or other establishment can be avoided through the installation and use of anti-pollution and other anti-hazards devices that the Commission may prescribe. (d) Whether the transferred or relocated factories, plants or industries or components thereof or those to be established in a specified area can be accorded infrastructure support, such as highways, water and sewerage, power and other facilities. (e) The costs of transfer or relocation of the factories plants or industries taking into account the benefits derived from the removal thereof. (3) To regulate and/or coordinate with appropriate existing government entities the regulation of production capacities of new factories, plants and industries or additional production capacities of existing factories, plants and industries and the like. Factories, plants, industries and the like shall operate only within the capacities allowed or authorized by the Commission. Any additional capacity over and above those determined by existing regulation shall be operative only with the approval of the Commission, subject to the terms and conditions it may impose for the health, safety and security of the community. (4) Whenever the Commission has received a formal complaint and has determined that a person, plant, factory or industry or other establishment of dwelling if a pollutant or hazardous or had violated prescribed planning rules, regulations and policies or refused to comply with any requirement regarding the use of anti-pollution or anti-hazard devices, the Commission shall immediately order compliance under pain of penalties herein imposed or otherwise institute expropriation, condemnation or abatement of nuisance proceedings as specified in Section 3 hereof.