ORDER For consideration before the Board is the air pollution case of Respondent docketed as DENR-PAB Case No. Records of the case reveal that on 18 May 2021, technical personnel of the EMB Regional Office No. VIII conducted an inspection for Air Quality Management upon herein respondent. The inspection report revealed the existence of two (2) units HNE Uyama 5400 rice huller; six (6) units Suncue Dryers (85 tons capacity) and 1 unit husk furnace, all Air Pollution Sources and Control Installations. Allegedly, however, the respondent is operating without the required Permit to Operate Air Pollution Source and Control Installation. Consequently, a Notice of Violation was issued on 19 August 2021 stating the violation. Pursuant to Pollution Adjudication Board Resolution No. 02, Series of 2020 or the Interim Guidelines of the Pollution Adjudication Board during the Public Health Emergency due to COVID-19, in lieu of a technical conference/hearing, the Respondent was directed to submit a position paper fifteen (15) days from receipt of the NOV. The respondent, however, failed to submit a position paper. The records of the EMB Regional Office will show that the respondent, thru Ms. herself, was properly served with the NOV last 03 September 2021. Hence, such failure to submit a position paper,WHEREFORE, after due deliberation and consultation. the Board hereby resolves to Impose upon respondent a fine amounting to NINETEEN THOUSAND FIVE HUNDRED PESOS (P19, 500.00) under RA 8749 and its existing rules and regulations. The respondent is directed to pay at the Environmental Management Bureau located at DENR Compound, EMB Building, Jones St. Brgy 02, Tacloban City, Philippines, within a period of THIRTY_(30) DAYS from receipt hereof. Pursuant to Section 3, PAB Resolution No. 03, Series of 2021', the respondent may submit a wntten manifestation to the EMB Regional Office Vlll within fifteen (15) days from receipt hereof signifying its intention to apply for a Staggered payment scheme in accordance with the manner provided for under Section 4 of the same resolution. In addition, the respondent is hereby directed to secure a Permit to Operate Air Pollution Source and Control Installation covering its two (2) units HNE Uyama 5400 rice huller, six (6) units Suncue Dryers (85 tops capacity), and 1 unit husk furnace. Otherwise, failure to comply With any of the foregoing orders shall be a sufcient cause for the ling of the appropriate civil, criminal, or administrative charges against the respondent. ' _- , - , A 7 The Legal Ofcer or his duly authorized representative is directed to serve this Order within seventy-two (72) hours from receipt hereof. SO ORDERED. the findings. despite receipt of the NOV, constitutes a waiver of its right to contest Upon a thorough review of the inspection report and such all other available evidence on record, the Hearing Officer submitted the case for the Order of the Board, thru this Office, and is of the opinion that the alleged violation must be affirmed, and the respondent should be held liable, there being a lawful ground to do the same. RULING The Board, in turn, thru this Office, finds no cogent reason or legal justification to deviate from the opinion and recommendations of the Hearing Officer. The said opinion and recommendations are hereby adopted in the ruling of this case. Section 1, Rule XIX of DAO No. 2004-26 (IRR of R.A 8749) requires that all sources of air pollution must have a valid permit to operate issued by the EMB Regional Director. Section 47 of R.A 8749, meanwhile, provides that "For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred Thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. xxx", subject to the provisions of PAB Resolution No. 01-2019. Here, the existence of the Air Pollution Sources and Control Installations is apparent. However, the records are also clear that no valid Permit to Operate exists for the latter on the part of the respondent. Hence, the respondent should be held liable. The failure by the respondent to submit a position paper, despite receipt of the NOV, constitutes a waiver of its right to contest the findings. On 01 July 2019, the DENR- Pollution Adjudication Board issued Pollution Adjudication Board Resolution No. 01, Series of 2019, which delegates to the EMB Regional Offices the determination of permitting and other administrative violations, such as for Operating without a valid Permit to Operate confronting herein respondent, and the imposition of fines thereto. Under PAB Resolution No. 01, Series of 2019, for permitting violations of the Clean Air Act (R.A 8749), and considering that a permit to operate has a validity of five (5) years, a fine of Nineteen Thousand Five Hundred Pesos (Php 19, 500.00) shall be imposed for a five- year violation by the establishment