Republic Act No.

8749

June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION
CONTROL POLICY AND FOR OTHER PURPOSES

necessary to protect health and safety, and general welfare. The initial list and values of the
hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
(see table)

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::

a

Chapter 1
General Provisions

b

Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."
Article Two
Definition of Terms

Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than
once a year.
Arithmetic mean

c

SO2 and Suspended Particulate matter are sampled once every six days when using the manual
methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is
required for these methods. Daily sampling may be done in the future once continuous analyzers
are procured and become available.
d

Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.

e

Annual Geometric Mean

Section 5. Definitions. - As used in this Act:
f

d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers
to the atmosphere's average purity as distinguished from discharge measurements taken at the
source of pollution;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed into the atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to
induce global warming, which include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or
other fuel, constructed and operated principally for the conveyance of persons or the transportation
of property goods;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human
health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the
environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to
human health and the environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
(PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;
x) "Stationary source" means any building or immobile structure, facility or installation which emits
or may emit any air pollutant.
Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in
coordination with other concerned agencies, shall review and or revise and publish annually a list
of hazardous air pollutants with corresponding ambient guideline values and/or standard

Provisional limits for Suspended Particulate Matter with mass median diameter less than 10
microns and below until sufficient monitoring data are gathered to base a proper guideline.
g

Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three
moving calendar months. The monitored average value for any three months shall not exceed the
guideline value.
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial
Sources/Operations:
1

Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric
Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining
compliance.
2

Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one
atmosphere pressure.
3

Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among
others, the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other
factors may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse
effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected
from presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization
(WHO) standards, but shall not be limited to nor be less stringent than such standards.

but not be limited to. or as the need therefore arises.Ncm as SO2 (iii) Other Stationary Sourcesa 0. etc.5gm. industry. Further. cement plants. . process and fuel-burning equipment or industrial plant emitting air pollutants. within two (2) years from the effectivity of this Act. industrial plant.The Department shall. b Atomic Absorption Spectrophometry (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.2 gm. whichever is applicable. (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1. a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process. Provided. industrial boilers. shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public’s health and welfare.Ncm as SO3 (ii) Fuel burning Equipment 1. the following emission standards shall not be exceeded in the exhaust gas: a) Urban or Industrial Area 150 mg/Ncm I.a Article Three Pollution from Stationary Sources Other Stationary Sources means a trade.0gm. The standards. Daily And Half Hourly Average Values b) Other Area 200 mg/Ncm Cement Plants (Kilns.Ncm as SO3 e Best practicable control technology for air emissions and liquid discharges. Fuel Burning Equipment For stationary sources of pollution not specifically included in the immediately preceding paragraph. g Provisional Guideline Provided. That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources With respect to any trade. Thallium and its compounds. Smelting Furnaces 150 mg/Ncm Mercury and its Compounds. process. Compliance with air and water quality standards is required. f Emission limit of Nickel Carbonyl shall not exceed 0. revise and publish emission standards. expressed as mercury (Hg) 4. Section 19. Cadmium and its compounds.5 gm.) 150 mg/Ncm II. That the maximum limits in mg/ncm particulates in said sources shall be: 1. expressed as cadmium (Cd) 2. Other Stationary Sourcesa 200 mg/Ncm Antimony and its compounds. to further improve the emission standards for stationary sources of air pollution.Ncm as SO2 (iii) Other Stationary Sourcesa 1. and every two (2) years thereafter.Ncm as SO3 c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr (2) New Sources d All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. the concentration at the point of emission shall not exceed the following limits: a Other equivalent methods approved by the Department may be used.7 gm.0gm. expressed as antimony (Sb) . incinerators and smelting furnaces. review. fuel burning equipment and incineration. within 5 years from the date of efectivity of these revised regulations.Ncm as SO3 (ii) Fuel Burning Equipment 0. expressed as thallium (Tl) 3.5 mg/Ncm. Pollution From Stationary Sources. nor be less stringent than such standards and with the standards set forth in this section. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards. or fuel burning equipment other than thermal power plants.

expressed as copper (Cu) Manganese and its compounds. and the procedure for enforcement of said standards. Finally.Arsenic and its compounds. total 0. the exhaust emission limits of gaseous pollutants shall be: Emission Limits for Heavy Duty Vehicles With due concern on the effects of climate change. HC + NOx (g/km) 2. the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be: Emission Limits for Light Commercial Vehicles Type Approval (Directive 93/59/EEC) a Reference Weight (RW) (kg) CO (g/km) HC + NOx(g/km) Category 1 1250< RW 2.9 1. revise and publish the standards every two (2) years. Provided. or as the need arises. cultural.5 3 mg/m The following emission standards for type approval of motor vehicles shall be effective by the year 2003: a) For light duty vehicles.14 b) For light commercial vehicles. the Department shall promote the use of stateof-the-art. 8 of this Act. That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided. agricultural.72 0. expressed as tin (Sn) These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided. expressed as manganese (Mn) Section 21. that in the interim. That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds. unrecycled. Existing industries. expressed as vanadium (V) Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC) Tin and its compounds. That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act. expressed as nickel (Ni) Vanadium and its compounds. recycling and composting. which process emits poisonous and toxic fumes is hereby prohibited. hereby defined as the burning of municipal. .Incineration. expressed as lead ( Pb) Article Four Pollution from Motor Vehicles Chromium and its compounds. PMa (g/km) for compression-ignition engines only Section 20. biomedical and hazardous wastes. That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga".970. Lead and its compounds.7 for compression-ignition engines only c) For heavy duty vehicles. environmentally-sound and safe non-burn technologies for the handling. health. Further. however. To further improve the emission standards. CO (g/km) Type Approval . treatment.a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. expressed as cobalt (Co) Copper and its compounds. the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant.1 nanogram/m3. expressed as arsenic (As) thermal destruction. after a thorough. . the exhaust emission limits for gaseous pollutants shall be: Nickel and its compounds. and subject to close monitoring by the Department. uncomposted. encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation. Pollution from Motor Vehicles. biomedical and hazardous waste.72 0.97 Category 2 1250< RW<1700 5. Ban on Incineration. such units shall be limited to the burning of pathological and infectious wastes. Local government units are hereby mandated to promote. the Department shall review. which are proven to exceed emission rates established by the Department in consultation with stakeholders. credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided. That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0. and food preparation and crematoria. a Pursuant to Sec.4 Category 3 RW>1700 6.17 1. expressed as chromium (Cr) Cobalt and its compounds. traditional. Provided.Provided. and disposal of sorted. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health. safety and welfare of the general public. Further. utilization.

. To be more effective in this regard.7 Fuel evaporative emission for spark-ignition engines shall not exceed 2. comprehensive environmental management agency is created.There may be established an Environment and Natural Resources Office in every province. 7160. b) The Department. . The Department shall provide the LGUs with technical assistance.Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. are: a) To prepare comprehensive air quality management programs. Lead Agency. c) To take the lead in all efforts concerning air quality protection and rehabilitation. .(Directive 91/542/EEC) CO HC NOx (g/k/Wh) (g/k/Wh) (g/k/Wh) 4. the standards set forth in this Act shall apply. d) In order to ensure the substantial reduction of emissions from motor vehicles. instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing. Role of Local Government Units. unless a separate. Its powers and duties. Chapter 4 Institutional Mechanism Section 34. LGUs shall implement air quality standards set by the Board in areas within their jurisdiction. 8 and 9 of this Act. . the DTI shall develop and implement standards and procedures for the certification of training institutions. In this regard. d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws.The Department. the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer. To this end. unless otherwise provided herein. the Department of Trade and Industry (DTI). the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1. The imposition of the appropriate fines and PM penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC. it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.36a Section 30. plans and strategies within the limits set forth in Republic act. in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality. among others. . DTI and LGUs. city or municipality in accordance with the provisions of Section 484 of Republic Act No. c) The DOTC. trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction. (2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times. The Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years. . repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program. Likewise.Provided.Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework.5 1. shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence. shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian. Pollution from smoking. That in case where the board has not been duly constituted and has not promulgated its standards. 21 of this Act. in collaboration with the DOTC. together with the DTI and the Department. or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province. (g/k/Wh) Article Two Other Pollutants 0. Consistent with Sections 7. as the case may be. Section 36. however. in coordination with appropriate agencies. the Department shall phase out ozone-depleting substances.0 grams hydrocarbons per test. . the DOTC shall have the power to: (1) Inspect and monitor the emissions of motor vehicles. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. Within sixty (60) days after the enactment of this Act. servicing. b) To provide technical assistance and support to the governor or mayor. city.0 a In the case of engines of 85 kW or less. and (3) Authorize private testing emission testing centers duly accredited by the DTI. together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. Section 37. This provision shall be implemented by the LGUs. Environmental and Natural Resources Office. Article Five Pollution from Other Sources Section 24. Ozone-Depleting Substances. private place of work or any duly designated smoking area is hereby prohibited under this Act. No. Section 25. Pollution from other mobile sources.The Department. shall be the primary government agency responsible for the implementation and enforcement of this Act.1 8.

Finally.one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4. he must have sufficient experience in environmental and natural resources management. andd) To prevent the entry. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. names of firms manufacturing or using them.Short title . processing.000. city or municipal agriculturist. handling.– As used in this Act: a) Chemical substance means any organic or inorganic substance of a particular molecular identity. a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid. AND FOR OTHER PURPOSES Section 4. however. storage.their existing and possible uses. criminal or administrative action in the proper courts against: c) Third offense . and All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. Any vehicle suspected of violation of emission standards through visual signs. and such other information as maybe considered relevant to the protection of health and the environment.a fine not to exceed Two Thousand Pesos (P2. distribution. but not limited to smoke-belching.000. Section 5. Independence of Action.00) or cancellation of license of both the technician and the center. rules and regulations issued inconsistent with this Act. (b) The Department or other implementing agencies with respect to orders.00). That in case an employee is designated as such. 21 paragraph (d) with regard to national inspection and maintenance program. any citizen may file an appropriate civil. sale. or any of his employee: Provided.– This Act shall be known as the"Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990. upon prima facie showing of the nonenforcement or violation complained of. together with the DOTC. and appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads." Section 46. manufacture.– The objectives of this Act are:a) To keep an inventory of chemicals that are presently being imported. That in provinces/cities/municipalities where there are no environment and natural resources officers. PROVIDING PENALTIES FOR VIOLATIONSTHEREOF. Violation of Standards for Motor Vehicles.e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution.use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to theenvironment in accordance with national policies and international commitments. 1990 Within thirty (30) days. the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages. including: .transportation. test data. and shall likewise. (a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations. among others. DTI. or Any violation of the provisions of Sec.000. or used. 21 hereof. except fees for actions not capable of pecuniary estimations.000. or. b) Second Offense . the Department.Objectives. indicating. manufactured. Citizen Suits. transportation. In addition. improperly performs his duties under this Act or its implementing rules and regulations: Provided. Otherwise. the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties: Section 41.00). a) First Offense . including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 42.b) To monitor and regulate the importation. the vehicle shall be immediately released. distribution. as well as the keeping or storage and disposal of hazardous and nuclear wastesinto the country for whatever purpose. exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction. the local executive concerned may designate any of his official and/or chief of office preferably the provincial. storage. and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. or both.No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. The court shall exempt such action from the payment of filing fees. handling. conservation and utilization. as determined by the DTI.Definition. Republic Act No. in any manner. Such civil action shall proceed independently. That no suit can be filed until thirty-day (30) notice has been taken thereon. shall be subjected to an emission test by a duly authorized emission testing center.000.00) and not more than Six thousand pesos (P6. or abuses his authority in the performance of his duty. processing. such as. the DOTC or its authorized testing center shall establish a roadside inspection system. however. For this purpose. use and disposal of toxic chemicals and other substances and mixture. DOST. Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.00). .For purposes of enforcing the provisions of this Act or its implementing rules and regulations. Should it be shown that there was no violation of emission standards.a fine not less than Two Thousand Pesos (P2.c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture.000. Section 1. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES.The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. For this purpose. . 6969 October 26.00) and not to exceed Four Thousand Pesos (P4. f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided. and/or (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations. even in transit. .

such as acute toxicity by ingestion. and such other information as the Secretary may consider relevant to the protection of health and the environment. and whether theproducts are sold at wholesale or retail. h) To monitor and prevent the entry. d) To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their e) To enter into contracts and make grants for research. a) To keep an updated inventory of chemicals that are presently being manufactured or used. stored or held before or after their commercial distribution and to make recommendations to the proper authorities concerned. side-products. even in transit. including chronic toxicity upon repeated exposure. agricultural. Function. effects on health and the environment. merchandising. j) To call on any department. or industrial purpose. bureau. whether it is done in a factory or in the worker's home. warehousing. the product or substance of which is intended for direct consumption. test data. i) To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act. industrial. corrosivity orother skin or eye contact hazards or the risk of fire or explosion. and Section 6. transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. f) Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposureto a substance. ii) As part of an article containing a chemical substance or mixture. is a reason to believe that they pose unreasonable risk or injury to health or the environment. of hazardous and nuclear wastes and their disposal into the country. spent reaction media. among others. contaminated plant or equipment or other substances from manufacturing operations. g) Hazardous substances are substances which present either:1) short-term acute hazards. i) Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel. – The Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions. or be tested before they are manufactured or imported for the first time. if none of the chemical substances comprising thecombination is a new chemical substance and if the combination could have been manufactured for commercial purposeswithout a chemical reaction at the time the chemical substances comprising the combination were combined. in whole or in part. commercial. indicating. quality. medical. and monitoring of chemical substances and mixtures. g) To confiscate or impound chemicals found not falling within said acts cannot be enjoined except after the chemicals have been impounded. c) To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there d) Importation means the entry of a products or substances into the Philippines (through the seaports or airports of entry)after having been properly cleared through or still remaining under customs control. carcinogenicity (which may in some cases result from acute exposure but with a long latent period). Hazardous wastes shall also refer to by-products. state university or college. and other instrumentalities of the . This shallinclude nonbiodegradable mixtures. Powers and Responsibilities of the Department of Environment and Natural Resources. processed. their existing and possible uses. agricultural or economic usage and are shipped. or aesthetically objectionable properties such as offensive odors. e) Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven machines or by hand. powers. resistance to detoxification process such as biodegradation. b) Chemical mixture means any combination of two or more chemical substances if the combination does not occur innature and is not. the potential to pollute underground or surface waters. process residues. and as consumer discards of manufacture products. and responsibilities: ii) Any element or uncombined chemical. or 2) long-term environmental hazards. names of firms manufacturing or using them. development. h) Hazardous wastes are hereby defined as substances that are without any safe commercial. the result of a chemical reaction. agency.i) Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurringin nature. or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific. office. f) To conduct inspection of any establishment in which chemicals are manufactured. or for further processing. c) Process means the preparation of a chemicalsubstance or mixture after its manufacture for commercial distribution: b) To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to i) In the same form or physical state or in a different form or physical state from that which it was received bythe person so preparing such substance or mixture. inhalation or skin absorption.

Section 7. and functions.f the offender is a foreigner. d) To perform such other functions as the Secretary of Environment and Natural Resources may. and Secretary of Trade and Industry Member c) The testing of the chemical substance or mixture is necessary to develop such data. Chemicals Subject to Testing. – Before any new chemical substance or mixture can be manufactured. an estimate of the amount to be manufactured. – The manufacture of the following chemical substances or mixtures shall be exempt from pre-manufacture notification: a) Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals. or imported. and d) Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those which exist as a result of chemical reaction in the manufacture or processing of a mixture of another chemicalsubstance. Chemical Substances Exempt from Pre-Manufacture Notification. mixtures and wastes on health and environment. processed. .Government for assistance in the form of personnel. Section 8. c) To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity Section 11. Secretary of National Defense Member Secretary of Foreign Affairs Member Secretary of Labor and Employment Member Secretary of Finance Member Secretary of Agriculture Member Representative from a non-governmental organization on health and safety Member The representative from the non-governmental organization shall be appointed by the President for a term of three (3) years. b) Those to be produced in small quantities solely for experimental or research and developmental purposes. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence. Secretary of Science and Technology Member The manufacturers. proposed categories of use. processor or importer shall submit the following information: the name of the chemical substance or mixture.00) shall be imposed upon any person who shall violate section 13 (a) to (c) of this Act and shall not be covered by the Probation Law. – There is hereby created an Inter-Agency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives: Secretary of Environment and Natural Resources Chairman processed or imported for the first time as determined by the Department of Environment and Natural Resources. and l) To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act. its chemical identity and molecular structure. – Testing shall be required in all cases where: a) There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or the environment or there may be substantial human or environmental exposure thereto. k) To disseminate information and conduct educational awareness campaigns on the effects of chemical substances. processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured. Section 14. and other resources as the need arises in the discharge of its and effects on health and the environment and make the necessary recommendations to the Department of Environment and Natural Resources.00) to Four thousand pesos (P4. the manufacturer. b) To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of this Act. Criminal Offenses and Penalties. processing and disposal thereof. – a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred pesos (P600. from time to time. Inter-Agency Technical Advisory Council. and any test data related to health and environmental effects which the manufacturer. The Council shall have the following functions: a) To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the effective implementation of this Act. c) Chemical substances and mixtures that will not present an unreasonable risk to health and the environment. processor or importer has.000. processed or imported. require. Pre-Manufacture and Pre-Importation Requirements. facilities. Section 9. Secretary of Health Member Director of the Philippine Nuclear Research Institute Member b) There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture.

transport. recovery. he or she shall. c) Every penalty imposed for the unlawful importation. recycling. 2001 (l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source. green charcoal process. (b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery. (iii) In case the offender is a government official or employee.f the offender is a foreigner. shall be imposed upon any person who shall violate section 13 (d) of this Act. separation and recovery.00). or disposed of. he or she in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. and (j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry. transported. AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM. association or any juridical person. (iii) In case the offender is a government official or employee. (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government. DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES. corporation. transport. re-use. be (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures. treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles.000. (d) Ensure the proper segregation. AND FOR OTHER PURPOSES (p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity. before collection. sale or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act and instruments. president. more effective institutional arrangement and indigenous and improved methods of waste reduction. in addition to the above penalties. Any and all means of transportation. processing. segregated transportation. and others. the above penalty shall be imposed upon the managing partner. (i) Institutionalize public participation in the development and implementation of national and local integrated. tools or other improvements including vehicles. CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES. processing. Declaration of Policies . (a) Ensure the protection of the public health and environment. treatment. manufacture. or otherwise managed. . Article 2 Definition of Terms Section 3. APPROPRIATING FUNDS THEREFOR. or significantly contribute to an increase in mortality or an increase in serious irreversible. non. transfer. storage. president or chief executive in addition to an exemplary damage of at least Five hundred thousand pesos (P500. stored. and the private sector. (e) Promote national research and development programs for improved solid waste management and resource conservation techniques. and aircrafts used in or with which the offense was committed. illness. concentration or physical. b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years. and disposal of solid waste and all other waste management activities which do not harm the environment. sea vessels. collection. comprehensive. in addition to the cancellation of its license to do business in the Philippines. chemical or infectious characteristics may: Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section 2. storage.government organizations. d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes.For the purposes of this Act: REPUBLIC ACT 9003 January 26. the partner. comprehensive and ecological solid waste management program which shall: (1) cause.f it is a foreign firm.ii) In case any violation of this Act is committed by a partnership. or incapacitating reversible. collection. deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. Definition of Terms .It is hereby declared the policy of the State to adopt a systematic. Chemical substances so confiscated and forfeited by the Government at its option shall be turned over to the Department of Environment and Natural resources for safekeeping and proper disposal. and ecological waste management programs. treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence. including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor. entry. (f) Encourage greater private sector participation in solid waste management. including composting. other local government units. director or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employee and shall be criminally liable as a co-principal. the director and all officers of such foreign firm shall be barred from entry into the Philippines. or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated. (ii) In the case of corporations or other associations. (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments.

whose principal function is to receive. (uu) Yard waste shall refer to wood. dishwashers. That the waste management plan shall be for the re-use. No. shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework: Provided. lead-acid batteries. institutional. to include household. That the collection. 17 of this Act and a timetable for the implementation of the solid waste management program in accordance with the National Framework and pursuant to the provisions of this Act: Provided. (bb) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes. commercial and agricultural sources: Provided. That such resource recovery facilities exclude incineration. and clothes washers and dryers collected separately. It is contaminated liquid that (s) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic. or composted. convert or otherwise process in accordance with national minimum standards. institutional and industrial wastes and street litters. small or chipped branches. oil. That wastes shall be segregated into the categories provided in Sec. These wastes are usually handled separately from other residential and commercial wastes. or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business. and tires. The plan shall contain all the components provided in Sec. That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. These include wastes from residential and commercial sources that comprise of bulky wastes. or to transfer the solid wastes directly from smaller to larger vehicles for transport. garden debris. spray canisters and the like. (ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics. That in the province of Palawan. yard wastes that are collected separately. That segregation of wastes shall primarily be conducted at the source. batteries. but are unable to utilize such alternatives. 37 of this Act. or combination of systems. grass clippings. store. etc.g. or otherwise process the materials in the solid wastes. All local government solid waste management plans shall be subjected to the approval of the Commission. segregation and re-use of previously used packaging material shall be deemed recycling under this Act. white goods.A. that best meet their needs: Provided. (dd) Resources recovery shall refer to the collection. consumer electronics. This term does not include any of the following: Section 21.further. (b) Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance with the guidelines pursuant to this Act. the local government solid waste management plan shall be approved by the Palawan Council for Sustainable Development. or otherwise process wastes which have already been separated for re-use and are intended for disposals. separate.). finally. refrigerators. (1) a facility whose principal function is to receive. Article 3 Collection and Transport of Solid Wastes Section 23. city or municipal solid waste management board. The plan shall be consistent with the national framework and in accordance with the provisions of this Act and of the policies set by the Commission. household batteries. pursuant to R. thinners. For premises containing six (6) or more residential units. and when water percolate through solid waste undergoing decomposition. extraction or recovery of recyclable materials from the waste stream for the purpose of recycling. vegetable residue that is recognized as part of a plant or vegetable and other materials identified by the Commission. generating energy or producing a product suitable for beneficial use: Provided. Requirements for Collection of Solid Wastes . The plan shall place primary emphasis on implementation of all feasible re-use. White goods ate usually dismantled for the recovery of specific materials (e.(q) Leachate shall refer to the liquid produced when waste undergo decomposition. recycling. convert. manure. convert. (tt) White goods shall refer to large worn-out or broken household. store. and industrial appliances such as stoves. (pp) Special wastes shall refer to household hazardous wastes such as paints. further.The province. Provided. recycling and composting of wastes generated in their respective jurisdictions: Provided. separate. (b) notify the occupants of each buildings of the requirements of this Act and the regulations promulgated pursuant thereto. and includes any process by which solid waste materials are transformed into new products in such a manner that the original product may lose their identity. and which maybe used as raw materials for the production of other goods or services: Provided. temporarily store. Section 16. 22 of this Act.The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services. commercial. (t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and Health standards. That it shall be reviewed and updated every year by the provincial. Mandatory Segregation of Solid Wastes . type of collection system.The following shall be the minimum standards and requirements for the collection of solid waste: (a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling wastes. leaves. and . and (3) the operations premises of a duly licensed solid waste handling operator who is receives. and (a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center. 7611. recycled. and composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be re-used. Article 2 Segregation of Wastes (rr) Transfer stations shall refer to those facilities utilized to receive solid wastes. the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to: (2) a facility. Local Government Solid Waste Management Plans . For LGUs which have considered solid waste management alternatives to comply with Sec. copper. transfers. city or municipality. industrial. aluminum.. through its local solid waste management boards. commercial. stores. a timetable or schedule of compliance specifying the remedial measure and eventual compliance shall be included in the plan.

and gas emissions. Notwithstanding any other provisions to the contrary. and fire authority of names. earthquake damage. there shall be an easily visible sign at the primary entrance of the site indicating the name of the site operator. addresses and telephone numbers of the operator or responsible party of the site. unusual and sudden settlement. Article 4 Recycling Program Section 26. No. however. (4) Record of personnel training. an easily visible sign at an appropriate point shall indicate the schedule of changes and the general types of materials which will either be accepted or not. (b) Water quality monitoring of surface and ground waters and effluent. collected separately and further screened and sent to appropriate hazardous waste treatment and disposal plants. in accordance with the guidelines set in Sec. The design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes. .The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use. after public notice and hearing. Article 6 Waste Management Facilities Section 25. 6969. Requirement for Eco-Labeling . Upon effectivity of this Act. landslides. Section 29. (3) Daily log book or file of the following information: fires. developed in conjunction with the appropriate agencies. and hours of operation. and accessibility of haul routes to disposal facility. recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. That non-environmentally acceptable products shall not be prohibited unless the Commission first finds that there are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than the disposable product. further. consistent with the provisions of R.The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers. determinations and other requirements by the Department. Inventory of Existing Markets for Recyclable Materials . (2) If the site is open to the public. which constitutes the use of open dumps for solid wastes.(c) Collection of solid waste shall be done in a manner which prevents damage to the container and spillage or scattering of solid waste within the collection vicinity. ground and effluent waters.Within one (1) year from the effectivity of this Act. explosions. Non-Environmentally Acceptable Products . receipts or rejection of unpermitted wastes. toxic materials present in the waste stream should be separated at source. and gas emissions.The DTI shall within six (6) months from the effectivity of this Act and in cooperation with the Department. 41 of this Act: Provided. this section shall not apply to: (a) Packaging used at hospitals. (2) Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties. prepare a list of nonenvironmentally acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission:Provided. there shall be an easily visible road sign and/or traffic control measures which direct traffic to the active face and other areas where wastes or recyclable materials will be deposited.A. local health agency. Prohibition Against the Use of Open Dumps for Solid Waste . but not be limited to. nursing homes or other medical facilities. the operator's telephone number. and (b) Any packaging which is not environmentally acceptable. (5) Copy of written notification to the Department. every LGU shall convert its open dumps into controlled dumps. (c) Documentation of approvals. an inventory of existing markets for recyclable materials. Section 42. proximity to collection area. and Section 28. each site operator shall maintain the following minimum operating equipments: (a) Disposal site records of. the Commission shall. injury and property damage. and a proposal.No open dumps shall be established and operated. but for which there is no commercially available alternatives as determined by the Commission. That within three (3) years after the effectivity of this Act. That no waste shall be stored in such station beyond twenty-four (24) hours. but not limited to: (1) Records of weights or volumes accepted in a form and manner approved by the Department. Reclamation Programs and Buy-back Centers for Recyclables and Toxics . (d) Signs: (1) Each point of access from a public road shall be posted with an easily visible sigh indicating the facility name and other pertinent information as required by the Department. Guidelines for Transfer Stations . nor any practice or disposal of solid waste by any person. product standards for recyclable and recycled materials.Transfer stations shall be designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines set pursuant to this Act and other regulations: Provided. and (4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety. the DILG and other concerned agencies and sectors. Such records shall be submitted to the Department upon request. (3) If the site is open to the public. The Commission shall annually review and update the list of prohibited non-environmentally acceptable products. That no controlled dumps shall be allowed five (5) years following the effectivity of this Act. The siting of the transfer station shall consider the land use plan.In the operation of a sanitary land fill. (e) Monitoring of quality of surface. accurate to within ten percent (10%) and adequate for overall planning purposes and forecasting the rate of site filling. be allowed after the effectivity of this Acts: Provided. Section 37. publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets. Such study shall include. accidents. to stimulate the demand for the production of products containing post consumer and recovered materials. flooding and other unusual occurrences. Section 27. Operating Criteria for Sanitary Landfills . including LGUs.

(r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. (j) The site shall have communication facilities available to site personnel to allow quick response to emergencies. (11) Importation of consumer products packaged in non-environmentally acceptable materials. or other operations. unless otherwise approved by the Department. or watershed area and or any portions thereof. (4) Causing or permitting the collection of non-segregated or unsorted wastes. and telephone number of the operator or responsible party. and (6) Open dumping. environmental controls and emergency procedures. (l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. (g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto adjacent public roads. Areas within the site where open storage. (9) Establishment or operation of open dumps as enjoined in this Act.(f) The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic constraints. (3) The open burning of solid waste. esteros or parks. access. throwing. personnel. (5) Squatting in open dumps and landfills. CHAPTER VI PENAL PROVISIONS Section 48. the site and/or equipment shall be equipped with adequate lighting as approved by the Department to ensure safety and to monitor the effectiveness of operations. (10) The manufacture. (m) Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance. A record of such training shall be placed in the operating record. A copy of the written notification shall be placed in the operation record. shall be placed so as not to cause problems or interfere with unloading. container or receptacle used in solid waste collection or disposal. (15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps. burying of biodegradable or non-biodegradable materials in flood prone areas. (14) Site preparation. (i) Safe and adequate drinking water supply for the site personnel shall be available. or sanitary landfill. shall be available to personnel at or in the immediate vicinity of the site. or closure of said dumps in violation of Sec. dumping of waste matters in public places. Spreading and compacting shall be accomplished as rapidly as practicable. The operator shall notify the Department and local health agency in writing of the names. construction. spreading. canals. (o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the operator on a regularly scheduled basis. Other effective maintenance methods may be allowed by the Department. as determined by the Department. distribution or use of non-environmentally acceptable packaging materials. expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. stockpiled on the site for use or removal. (8) The mixing of source-separated recyclable material with other solid waste in any vehicle. commercial. collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant.The following acts are prohibited: (1) Littering. compacting. health. hazardous materials recognition and screening. permit conditions and other requirements. (n) The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws. Prohibited Acts . box. The loose layer shall not exceed a depth approximately two feet before compaction. (2) Undertaking activities or operating. (12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content". and (16) The construction or operation of landfills or any waste disposal facility on any aquifer. (13) Transport and dumplog in bulk of collected domestic. and establishment. (s) Cover material or native material unsuitable for cover. or causing or permitting the same. industrial. (h) Sanitary facilities consisting of adequate number of toilets and handwashing facilities. regulations. Such roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather. (q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize compaction. or pounding of hazardous materials occurs shall be separately fenced or otherwise secured as determined by the Department. (7) Unauthorized removal of recyclable material intended for collection by authorized persons. CHAPTER VII MISCELLANEOUS PROVISIONS . with emphasis on safety. safety drainage. 37. and institutional wastes in areas other than centers or facilities prescribe under this Act. The Department may also require that other areas of the site be fenced to create an appropriate level of security. and heavy equipment operations. or as otherwise approved by the Department. such as roads. groundwater reservoir. (k) Where operations are conducted during hours of darkness. addresses. or public safety hazards. Waste materials shall normally be deposited at the toe of the fill. (p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without resulting in traffic. sidewalks. 1586 and this Act and not conforming with the land use plan of the LGU.

SECTION 4. 1. Use of water for recreational purposes .For the purposes of enforcing the provisions of this Act or its implementing rules and regulations.means the utilization of water for swimming pools. including the use of water as an ingredient of a finished product.Section 52. any citizen may file an appropriate civil. the use of water for domestic. but not be limited to. and/or (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations. fisheries. In the event that the citizen should prevail. conduct a continuing education and information campaign on solid waste management. SECTION 1. Section 55. power generation. safety and health. re-use. with particular emphasis on the theory and practice of waste management principles like waste minimization. and 8. in order to promote environmental awareness and action among the citizenry. b) Aquatic life .means the utilization of water for producing agricultural crops. depth. specifically resource conservation and recovery. or abuses his authority in the performance of his duty. agricultural chemicals and underground storage tanks of petroleum products. c) Beneficial use . products.means the utilization of water for producing electrical or mechanical power. brackish and marine environment. cooking or other household needs. and composing of solid waste. Definition of Terms. in any many improperly performs his duties under this Act or its implementing rules and regulations.As used in this Act: a) Aquifer . municipal. such as for residential. or.means the utilization of water for drinking. and the restoration of the affected areas to their former physical. segregation at source. preventive environmental strategy to processes.means the application of an integrated. 4. . wildlife conservation and aesthetic purposes. 6. however. bathing. and (4) vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes. DILG and PIA. recycling. Public Education and Information . CHED. upon prima facieshowing of the non-enforcement or violation complained of. industrial. TESDA. among others. (2) size. irrigation.and composing. . March 22.means the utilization of water for large herds or flocks of animals raised as a commercial enterprise. such education and information program shall: 5. industrial. or (b) The Department or other implementing agencies with respect to orders. livestock raising. moral damages and litigation costs as appropriate. commercial." ARTICLE 2 DEFINITION OF TERMS g) Clean-up operations . rate of flow and gradient of stream. Environmental Education in the Formal and Nonformal Sectors . shall strengthen the integration of environmental concerns in school curricula at all levels. (b) Concentrate on activities which are feasible and which will have the greatest impact on the solid waste problem of the country.means the use of the environment or any element or segment thereof conducive to public or private welfare. Use of water for irrigation . direction. 2. re-use. accredited NGOs and people's organizations to publicity endorse and patronize environmentally acceptable products and packaging materials. Use of water for power generation . volume. in coordination with DECS. 7. 2004 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES f) Cleaner Production . services to increase efficiency and reduce risk to humans and the environment. chemical and biological state or conditions.means the utilization of water for supplying water requirements of the community.means the categorization of all water bodies taking into account. industrial plants and mines. Use of water for livestock raising . through the DECS and in coordination with concerned government agencies. recycling. reduction. surface area covered. boating. Short Title. the Court shall award reasonable attorney's fees. (a) Aim to develop public awareness of the ill-effects of and the community based solutions to the solid waste problem. criminal or administrative action in the proper courts/bodies against: (a) Any person who violates or fails to comply with the provisions of this Act its implementing rules and regulations. The Court shall exempt such action from the payment of filing fees and statements likewise. home gardens and watering of lawns or domestic animals. reduction. Provided. Use of water for domestic purposes . Republic Act No.The Commission shall.means the utilization of water for the propagation of culture of fish as a commercial enterprise. Section 56. 3. golf courses and other similar facilities in resorts and other places of recreation. exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction. like resource conservation and recovery.The national government.This Act shall be known as the "Philippine Clean Water Act of 2004. and (c) Encourage the general public. That no suit can be filed until after thirtyday (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon. rules and regulations issued inconsistent with this Act. recreational. water skiing. (3) most beneficial existing and future use of said bodies of water and lands bordering them. washing. recreational and other purposes. bath houses. the following: (1) existing quality of the body of water.means non-government organizations (NGOs) and people's organizations (POs). Use of water for fisheries . and shall include.means a layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. d) Classification/Reclassification of Philippine Waters . Citizens Suits . aquacultural. Use of water for municipal purposes . Use of water for industrial purposes . . NGOs and private institutions. navigational.means the utilization of water in factories.means activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas. 9275 e) Civil Society . agricultural.means all organisms living in freshwater. segregation at source.

a) To provide strong economic inducement for polluters to modify their production or management processes or to invest in pollution control technology in order to reduce the amount of water pollutants generated. public buildings. l) Dumping . market places. n) Effluent standard . pouring. emitting. Treatment and Disposal. industrial. shall formulate guidelines and standards for the collection.means the characteristics of water.h) Contamination . limitation or restriction prescribed in this Act. coordination with other government agencies. qq) Water Quality . (iv) is in excess of the allowable limits. commercial and recreational facilities. jj) Surface water .means any identifiable source of pollution with specific point of discharge into a particular water body.means the Department of Environment and Natural Resources. sports and recreational facilities.shall refer to any substance. shall employ septage or combined sewerage-septage management system. of contribute to. its persistence and degradability in nature. shall be required to connect the existing sewage line found in all subdivisions.means discharge from known sources which is passed into a body of water or land. an increase in mortality or an increase in serious irreversible. ponds and lakes. ARTICLE 2 WATER POLLUTION PERMITS AND CHARGES SECTION 13.means any alteration of the physical. commercial centers. chemical. chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. hospitals. which picks up pollutants from farms and urban areas. . or in contravention of the condition. chemical or biological change to any segment of the water body. Domestic Sewage Collection. sodium chloride. or radiological properties of a water body resulting in the impairment of its purity or quality. or incapacitating reversible illness.means the production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. For the purpose of this section. v) Industrial waste . or physical. the DPWH in coordination with the Department. processes. biological. . condominiums. such as that in groundwater. further. pumping. cc) Pollution control technology. pp) Water Pollution . whether solid. and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism. or in geological formations. u) Hazardous waste . aa) Point source .means water containing less than 500 ppm dissolved common salt. z) Non-point source . treatment and disposal of sewage including guidelines for the establishment and operation of centralized sewage treatment system. That all sources of sewage and septage shall comply with the requirements herein. which is open to the atmosphere and subject to surface runoff. or other means that effectively prevent control or reduce pollution of water caused by effluents and other discharges. The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies.means any solid. bacteriological or radiological characteristics by which the acceptability of water is evaluated. r) Groundwater . Provided.means any source of pollution not identifiable as point source to include. hotels. (iii) imparts objectionable odor. and/or concentrations or any combination thereof. b) To cover the cost of administering water quality management or improvement programs. which define its use in characteristics by terms of physical. concentrations. SECTION 8. the DOH. temperature change. industrial complex and other similar establishments including households to available sewerage system. 7160. Wastewater charges shall be established taking into consideration the following: (i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof. j) Discharge includes.Within five (5) years following the effectivity of this Act. rivers. runoff from irrigation or rainwater. taking into account toxicity of such waste. . or quality standards specified. That it does not mean a release of effluent coming from commercial. or semi-solid form which cause. DOH and other concerned agencies. biological. the Agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No. in coordination with LGUs. or wastewater flowing out of a manufacturing plant.means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material: Provided. of physical. (ii) is hazardous or potential hazardous to health. but not be limited to. or i) Department . semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material. the act of spilling.means all water.means water intended for human consumption or for use in food preparation. rates.means any legal restriction or limitation on quantities. industrial plant including domestic. rules or regulations unless the sources had already utilized their own sewerage system: Provided.means any waste or combination of wastes of solid liquid.means a subsurface water that occurs beneath a water table in soils and rocks. releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. q) Freshwater . leaking.means waste in liquid state containing pollutants. but is not limited to. k) Drinking water. its potential for accumulation or concentration in tissue. liquid. Wastewater Charge System. m) Effluent . gaseous or radioactive. emptying. and domestic sources which are within the effluent standards. which directly or indirectly: nn) Wastewater .The Department shall implement a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of wastewater charges/fees. That the said connection shall be subject to sewerage services charge/fees in accordance with existing laws. bb) Pollutant. from any point source at levels within the water pollution standards. contained gaseous.means pollution control devices or apparatus. In areas not considered as HUCs. chemical.

which could cause water pollution or impede natural flow in the water body. prohibited chemicals. b) Discharging. dumping or discharge of prohibited chemicals. venting) and deep re-injection of geothermal liquids may be allowed: Provided. substances or pollutants listed under R. ground. giving account to volumetric rate of discharge and effluent concentration. That wastewater charge system shall not apply to wastewater from geothermal exploration. and marine water. where. the Department. including the cost of rehabilitation. i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act. That net waste load shall refer to the difference of the initial waste load of the abstracted water and the waste load of the final effluent discharge of an industry: Provided. d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril. and f) Other special attributes of the water body. . In such a case. Prohibited Acts. No. That no net waste load shall be lower than the initial waste load: Provided. either by tide action or by storm. shall only be charged with minimal reasonable amount which shall be determined by the Department after due public consultation. substances or pollutants listed under Republic Act No. removal and clean-up operations. Industries whose water effluent are within standards promulgated pursuant to this Act. .1586 and its implementing rules. floods or otherwise. coastal. and subject to the approval of the Department. any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain. well testing.9003. the same shall be liable to be washed into such surface water. g) Operate facilities that discharge or allow to seep. k) Refusal to allow entry. remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use: Provided. That safety measures are adopted to prevent the contamination of the groundwater. n) Refusal or failure to designate pollution control officers whenever required by. No. m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act. and o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality. inspection and monitoring by the Department in accordance with this Act. Reimbursements of the cost incurred shall be made to the Water Quality Management Fund or to such other funds where said disbursements were sourced. l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act. injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater.g.Notwithstanding the provisions of Sections 15 and 26 hereof. CHAPTER 5 CIVIL LIABILITY/PENAL PROVISIONS SECTION 27. 6969 into water bodies or wherein the same shall be liable to be washed into such surface. or operating wastewater/sewerage facilities in violation of Presidential Decree. ARTICLE 3 FINANCIAL LIABILITY MECHANISM SECTION 16. h) Undertaking activities or development and expansion of projects.term activities (e. f) Transport. d) Type of pollutant. depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water.c) Reflect damages caused by water pollution on the surrounding environment. The fee shall be based on the net waste load depending on the wastewater. e) Classification of the receiving water body. sanctions shall be imposed on the local government officials concerned. Clean-Up Operations. e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No. charge formula which shall be established with due public consultation within six (6) months from the effectivity of this Act: Provided. and regulations.6969. flushing. A. . j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. regulated discharge for short. In the case of geothermal projects. further.The following acts are hereby prohibited: a) Discharging. finally. That in the event emergency clean-up operations are necessary and the polluter fails to immediately undertake the same. willfully or through gross negligence. commissioning. c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein. shall conduct containment. the Department in accordance with this Act. in coordination with other government agencies concerned.