Section 8Sec./Art. 8

Section 49 of Republic Act No. 9003 is hereby amended to read as follows:

"SEC. 49. Fines and Penalties. (a) x x x

"(g) Any obliged enterprise that fails to register under Section 44-E or fails to comply with Section 44-F shall be imposed with the following fines:

"(1) a fine of not less than Five million pesos (P5,000,000.00) but not exceeding Ten million pesos (P10,000,000.00) for the first offense;

"(2) a fine of not less than Ten million pesos (P10,000,000.00) but not exceeding Fifteen million pesos (P15,000,000.00) for the second offense; and

"(3) a fine of not less than Fifteen million pesos (P15,000,000.00) but not exceeding Twenty million pesos (P20,000,000.00) for the third offense and automatic suspension of business permit until the requirement of the law is complied with.

"In case of failure to meet the targets set under Section 44-F, the obliged enterprise shall pay the same fines set above, or a fine twice the cost of recovery and diversion of the footprint or its shortfall, whichever is higher.

"The penalty shall be imposed whether or not the noncompliance is the result of the failure to register under Section 44-E, falsification of documents, misdeclaration of generated or recovered footprint, employment of any scheme to maliciously evade the responsibility of an enterprise under the Extended Producer Responsibility Act of 2022, or tamper its compliance with the provisions of Section 44-F.

"The Pollution Adjudication Board of the Department shall hear and adjudicate cases of violations or offenses under this section, and impose appropriate fines therefor.""