Overview and Updates on

Environmental Laws
of the Philippines

By
ENGR. ROWENA M. AQUINO

The Philippine Environmental Laws
(1987 Philippine Constitution)
 Executive Order No. 192 designated the Department of Environment
and Natural Resources (DENR)

 Environmental Management Bureau (EMB) is specifically tasked to
implement, recommend, and provide technical assistance for their
implementation and monitoring

 No projects shall be  Provides permitting
implemented without an requirements
Environmental Compliance  Provides penalty provisions
Certificate (ECC)  Provides Air and Water
Standard

Environmental Impact Statement (EIS)
System
DAO 2003-30
 Clarification on the Scope of the Philippine EIS System.

 Simplification of Requirements for Securing ECC.

 Streamlining of Procedures.

 Strengthening the Implementation of the Philippine EIS System

Scope of the EIS System Project/Undertaking Covered Not Covered ECC CNC Category A Category B Category C Category D Category A – Environmental Critical Projects (ECP) Category B – Projects located in Environmentally Critical Areas (ECA) Category C .Projects enhancing environmental quality or address existing environmental problems Category D – Projects not falling under other categories or unlikely to cause adverse environmental impacts .

Co-located PEPRMP 60 days start. Documentary Requirements & Processing Time CATEGORY APPLIED TO DOCUMENTS REQUIRED FOR MAXIMUM TIME TO GRANT ECC APPLICATION OR DENY THE APPLICATION & DECIDING AUTHORITY A-1: New Co-located Programmatic EIS 180 days Projects DENR Secretary Single Projects EIS 120 days DENR Secretary A: Environmentally A-2: Existing and to be Co-located Programmatic EPRMP 120 days Critical Projects expanded (including Projects DENR Secretary undertakings that have stopped operations for more than 5 years and plan to re. Not Covered Project Description or Proof of 15 days Project Implementation prior to EMB CO or RO Director 1982 . w/ or w/o expansion) Project EMB Central Office Director B-3: Operating without ECC C: Environmental Enhancement or Co-located or Project Description 15 days Direct Mitigation Single Projects EMB Regional Director D. Single Project EPRMP 90 days start. w/ or w/o expansion EMB Central office Director A-3:Operating without ECC B-1: New Single Project IEE or IEE Checklist (if available) 60 days EMB Regional Director B-2:Existing and to be Single Project EPRMP (based on a checklist if 30 Days B: Projects expanded (including available) EMB Regional Director located in an ECA undertakings that have stopped operations for more than 5 years and plan to re.

Amending an ECC  Major Amendment  Expansion of land/project area  Increase in production capacity  Major change/s in process flow or technology  Minor Amendment  Typographical error  Extension of deadlines for submission of post-ECC requirement/s  Extension of ECC validity  Change in company name/ownership  Decrease in land/project area or production capacity .

Monitoring of Projects with ECCs  Multipartite Monitoring Team (MMT)  Environmental Monitoring Fund  Self-monitoring and Third Party Audit  Environmental Guarantee Fund  Mandatory Environmental Insurance Coverage (AO 2005-06)  Abandonment .

Rules and Regulation  Misrepresentation in the EIS/IEE or any other Documents submitted . EMP. Fees.  Penalty of suspension or cancellation of ECC and/or fine of not more than P50. Fines and Penalties  Upon submission of the application shall pay filing fees and other fees in accordance with prescribed standard cost and fees.000/violation  Projects established and/or operating without ECC  Projects violating ECC conditions.

A. 9275 DAO 2000-81 DAO 2005-10 Toxic Substances & Ecological Waste Hazardous and Nuclear Management Act of 2000 Waste Act of 1990 R.A. 984 Clean Air Act of 1999 Clean Water Act of 2004 R. 9003 R.A.A. 8749 R.D. Pollution Control Law P. 6969 DAO 2001-34 .

. 2000-81 is the Implementing Rules and Regulations of this Act. Clean Air Act (CAA) of 1999  A comprehensive policy and program for air quality management in the country.  DENR Administrative Order No.

unpaved ground and the like. jeepneys. tricycles and motorcycles. trucks. buses. vans. hotels and other establishments  Area sources  Refer to sources other than above. this include smoking. and dust from construction. . Pollution sources can be classified into:  Mobile sources  vehicles like cars. buring of garbage.  Point/Stationary sources  industrial firms and the smoke stacks of power plants.

provided that the applicant has pending application for Permit-to-Operate. research and other similar purposes.  All proposed or planned construction or modification of sources that has the potential to emit 100 tons per year or more of any of the regulated pollutants are required to have an approved Authority to Construct before implementation. . planning.  For purposes of sampling. the DENR-EMB. may issue a Temporary Permit-to- Operate not to exceed ninety (90) days. Stationary Sources  All sources of air pollution must have a valid Permit-to-Operate.

Inspection and Testing by the authorized representative of DENR-EMB. the permittee shall notify the DENR-EMB within thirty (30) days from the date of sale or transfer  The owner or the Pollution Control Officer shall keep a record of the operation of the sources and shall furnish a copy to the DENR-EMB in a quarterly basis.  Right of Entry. Stationary Sources  Permit-to-Operate is valid for one (1) year from the date of issuance unless sooner suspended or revoked and must be renewed thirty (30) days before the expiration date and upon payment or the required fees and compliance with requirements.  In case of sale or legal transfer of a facility covered by a permit. .

the pollution control officer of the officials directly in charge of the operations suffer the penalty. trustees. manager. Fines & Penalties  A fine of < P 100. directors. .000.000 but nor more than P100.00 for everyday of violation of standards until such time that standards have been complied with  For violations of all other provisions a fine of not less than P 10. the president.000 or six (6) months to six (6) years or both. If the offender is a juridical person.

regulations and penalties – irrespective of source of pollution  DENR Administrative Order No.abatement & control of pollution from land based sources  Enforcement of WQ standards. Clean Water Act (CWA) of 2004  General Application .Water Quality Management in all water bodies  Primary Application . 2005-10 is set as the Implementing Rules and Regulation of this ACT .

2005.  Pollution sources currently discharging to existing sewerage system with operational wastewater treatment facilities shall be exempt from the permit requirement.  The self-monitoring report shall be submitted to the Regional Offices within fifteen (15) calendar days after the end of each quarter.  The discharge permit is valid for a maximum period of five (5) years from the date of its issuance and must be renewed 30 days before expiration. . DAO 2005-10 dated May 16. to secure a discharge permit.  For industries without any discharge permit is given a period of twelve (12) months after the effectivity of the IRR. Discharge Permit  The legal authorization to discharge wastewater.

000 but not more than P3M per day or imprisonment of not less than six (6) years but not more than ten (10) years or both. . Damages and Penalties  A fine of not less than P 10. Fines.000 for every day of violation  Gross Violation has a fine of not less than P 500.000 not more than P 200.

resource recovery utilization and disposal. Generally.  The DENR Administrative Order No-2001-34 issued on December 21. recognizing the re-orientation of the community’s view on solid waste.Ecological Solid Waste Management Act of 2000  RA 9003 institute measures to promote a more acceptable system which corresponds to the vision of sustainable development. 9003. volume reduction.A. . it aims to merge environmental protection with economic pursuits. thereby providing schemes for waste minimization. 2001 is set as the Implementing Rules and Regulations for R.

Institutional Mechanism National Solid Waste Local Government Management Commission Units Ecological Solid Waste Management Act Citizens .

INSTITUTIONAL MECHANISM (National Level) National Solid Waste Management Commission • DENR (Chairman) PIA • DILG MMDA • DOST League of Provinces • DPWH League of Cities • DOH League of Municipalities • DTI Liga ng mga Barangay • DA • TESDA .

recycling & reuse at the community/barangay level  Collection. proper transfer & transport of wastes by city/municipality  Management/ destruction or reuse of residuals / final disposal . SWM Hierarchy  Source reduction & minimization of wastes  Resource recovery.

Mandatory Segregation at Source  Segregation shall be primarily conducted at source to include:  Household  Institutional  Industrial facility  Commercial/business establishment  Agricultural area .

Mandatory Solid Waste Diversion  LGUs to divert 25% of solid waste from waste disposal facilities through resource recovery activities within 5 years  baseline to be derived from waste characterization results  goal to be increased every 3 years .

48 (3) Open burning is not allowed . designing and operation of disposal sites Sec.  Minimum requirements in siting. Management of Residuals & Final Disposal Sites  Closure of all open dumpsites  Conversion of all open dumpsites to controlled dumps within 3 years to operate only within five (5) years.

00 and/or imprisonment of 1 day to 6 years. managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act. president.00 to P1. partnership.  If the offense is committed by a corporation. Fines and Penalties  Depending on the Prohibited Acts that is committed penalty ranges from P300. or other juridical entity the chief executive officer. .000. general manager.000.

Conceptual Framework of RA 9003 Municipal/ Residuals Management City Level Collection by Barangay municipality/ city Level MRF Recyclable Compostable Non. Special Wastes Drop off wastes Recyclabes Wastes sorting Center recycling composting Gardens/ P C M farms junkyards/ stores / factories .

participate and invest in integrated ecological solid waste management projects  To manufacture environmental-friendly products. develop and adopt innovative processes that shall recycle and re- use materials. reduce waste and prevent pollution  To undertake community activities to promote and propagate effective solid waste management practices . conserve raw materials and energy. to introduce. Business and Industry Role  To initiate.

 The “Implementing Rules and Regulations of Republic Act 6969” Department Administrative Order 29 (DAO 29) was signed in June of 1992. . and programs for controlling chemical substances and hazardous wastes in the Philippines. It provides a general regulatory framework that industry must meet to reach compliance with RA 6969.Toxic Substances & Hazardous and Nuclear Waste  The Act directs the Department of Environment and Natural Resources (DENR) to establish rules. regulations.

manufacture. POLICY  Regulate. and disposal of chemical substances and mixtures that present unreasonable risk to public health and environment  Prohibit the entry and disposal of hazardous wastes into the Philippines territorial limits  Advance and facilitate research on toxic chemicals and hazardous wastes . processing. limit. distribution. and use. sale. and prohibit importation.

Coverage of RA 6969  Chemical Management (Title II) “virgin materials” Hazardous Waste Management (Title III) “waste materials” .

 Establish the Philippine Priority Chemicals list( PCL). and ban those chemical substances that are determined to pose unreasonable risk to public health and environment through the issuance of CCOs. PROVISIONS OF TITLE II (TOXIC CHEMICAL SUBSTANCES)  Compile.  Require manufacturers and importers to submit pertinent data and information on the existing chemical substances that they manufacture or import. manufacture . limit. maintain and update and inventory of chemical substances that are stored. transported in the country.  Require screening of new chemical substances by seeking all available information to asses the risk posed by new chemical substances to public health and to the environment (PMPIN). gradually phase-out.  Regulate. . The inventory is known as the Philippine inventory of chemicals and chemical substances (PICCS). used. imported. processed. exported.

etc.DAO 98-29  Chemical Control Orders (CCOs)  Participation in international treaties. Pre-Importation Notification scheme (PMPIN)  Priority Chemical List (PCL) . . . agreements. Chemicals management  Philippine Inventory of Chemical and Chemical Substances (PICCS)  Pre-manufacture.

. PRIORITY CHEM ICAL LIST (PCL)  PCL includes selected chemicals for the PICCS and new chemical substances notification that pose unreasonable risk to health and environment.  Specific criteria for inclusion of chemical substances into PCL and reporting requirements for chemical substances in the PCL shall be established and published by DENR.

sale of those priority chemicals that DENR determines pose hazard to public health and environment. CHEMICAL CONTROL ORDERS (CCO)  CCOs are DENR orders that: • Prohibit • Limit • Regulate  the use. process. storage. possession. import. manufacture. export.  DENR establishes and publishes the specific criteria and reporting requirements for CCOs . transport.

regulated and /or limited use  DAO 97-39: CCO for Cyanide and its compounds  ban. regulated/selected/limited use  DAO 2000-18: CCO for Ozone Depleting Substances (ODSs)  ban and/or phase out  DAO 2004-01: for Polychlorinated Biphenyls (PCBs)  ban and/or phase out . Chemical Control Order (CCOs)  DAO 97-38: CCO for Mercury and its compounds ban. regulated and/or limited use  DAO 2000-02: CCO for asbestos  ban.

POLICY ON HAZARDOUS WASTE  Prohibit the entry. and disposal of hazardous wastes they generate. treatment.  Management of hazardous waste in a manner not to cause pollution of the environment and harm harm to public health and natural resources.  Make the waste generators responsible for management and disposal of hazardous wastes and financially responsible for the cost of proper storage. even in the transit. or hazardous wastes and their disposal into the Philippines territorial limits. .

. through any commercial. industrial or trade activities. recycle. hazardous wastes. store.  Waste Treater: a person who is licensed to treat. KEY ACTORS  Waste Generators: a person who generates or produces. or dispose of hazardous wastes.  Waste Transporters: a person who is licensed to transport hazardous wastes.

Updates on HazWaste  DAO 2004-36 Procedural Manual Title 3 of DAO 92/29 .

250.00/chemical  Certification for PCL biennial report: P 500.150.00/chemical  Registration for chemicals under CCO: P2.00/chemical  Importation clearance for chemicals under CCO: P 700.00/chemical .00/chemical  Renewal of registration for chemicals under CCO: P1.00/chemical  Certification of chemicals in the PICCS: P 450.00/chemical  Letter of intent for small quantity importation: P 500.00/chemical  Interim importation clearance for other chemicals: P 500. Schedule of Fees (Title II)  PMPIN (abbreviated form): P2.450.750.00/chemical  PMPIN (detailed form): P3.

00/hazardous  Application fee for Notification of the Export of Hazardous Wastes: P 500.000.00  Annual Registration of Transporters: PhP 500.00/vehicle  Issuance of Manifest Form: P100.000.00/facility  TSD Facility Permit: P 5.00/manifest and P 500.00/notification  Registration Fee: P 15.00 .000/clearance  Registration of Importer of HW: P 5.000.00/facility  Issuance of an Export or Importation Clearance: P2. Schedule of Fees (Title III)  Registration of hazardous waste generators: PhP 600.

and penalties  P600 to P4.000 to P50. and fees  10.000  Criminal offenses of Section 42 (1) of IRR. PENALTIES  Administrative violations of Section 41 of IRR.000 (corporate) .000. and penalties  12 to 20 years imprisonment (persons)  12 to 20 years imprisonment and at least P500. and  6 month to 6 years imprisonment  Criminal offenses of Section 13 (d) of RA 6969 Act.

” . A Point to Ponder “Only when the last tree is cut….. Only when the last river is polluted…. Only then will man know that money cannot be eaten. Only when the last fish is caught….

Thank You! .