Legal LLDA - Regulation For LC Application

Laguna Lake Development Authority
LLDA ENVIRONMENTAL
LAWS, RULES AND
REGULATIONS
Continuing Education Program

LLDA General Statutes

 Republic Act No. 4850
An act creating the “ Laguna Lake Development

Authority ”, prescribing its powers, functions and
duties, providing funds thereof and for other
purposes.(July 18, 1966)
 Presidential Decree No. 813
Amending certain functions of RA 4850, granting

the LLDA the exclusive jurisdiction to issue permits
for the use of all surface waters of the lake for any
projects or activities within the Region.
(October 17, 1975)

 Executive Order No. 927
Further amending the original charter of the LLDA

granting power to control and abate pollution within
the Laguna de Bay Region. (December 16, 1983)
 Jurisdiction
The LLDA has an exclusive and original

jurisdiction to prevent, abate and control water
pollution within the territorial jurisdiction of the
Laguna de Bay Region.


 Geographical jurisdiction, whole Provinces of

Laguna and Rizal. Cities of Pasay, Muntinlupa,
Manila, Quezon, Pasig, Marikina, Caloocan, and
Municipalities of Taguig and Pateros, in M.M.
Province Town
Cavite
Silang
Carmona
Tagaytay City
GMA
Batangas Sto. Tomas

Tanauan City
Malvar
Quezon Lucban
LLDA Mandate
 To lead, promote and accelerate the development

and balanced growth of the Laguna de Bay
 To carry out the development of the basin w/ due

regard and adequate provision for:
- environmental management
- preservation of the quality of human life

and ecological systems
- prevention of undue ecological disturbances,

deterioration, and pollution

Board Resolution No. 41, s. 1997

- All development activities, projects and
installations within the Laguna de Bay
region are required to secure clearance
from LLDA before these can be
constructed, operated, maintained,
expanded, modified, or implemented by
any government office/agency or
government corporation or private person
or enterprise.

The following are required to apply for LLDA Clearance:
a. Industrial establishment and development projects

including industrial plants, parks, estates & power plants
b. Agro-industrial projects including piggery, poultry, and
similar animal raising farms
c. Housing development projects such as residential subd.
parks, condos., and other similar dwellings
d. Hospitals, clinic, and other similar institutions
e. Resource extractive activities such as mining, quarrying
dredging, water abstractions, forestry and fishery
f. Lake ports, wharves, and marinas
g. Infrastructures projects
h. Sanitary land fills
i. Golf courses
j. Gas stations, fuels depots, and fuel storage facilities
k. Other activities may be determined by the Authority

Exemptions:
a. Single residential buildings and similar human

occupancy structures that have:
- 2 storeys or less in height
- 200 sq m. in floor area
- 40 persons or less in total domestic sewage
b. Backyard animal farms:
pigs – not more than 100 heads or sow level
of not more than 20
cattle – not more than 100 heads
poultry – not more than 100 birds
c. Structural changes which cannot change the
quality nature or quantity of land mass, air,
water bodies or discharges which will not
cause pollution
d. All development projects/activities which are
operational before 1976
e. Countryside business and barangay entities

covered by RA 6810 and registered with the DTI
between 1991 to 1994, inclusive.
f. Storage/post-harvest facilities and warehousing for
non-hazardous/toxic materials and substances
g. Routine maintenance and repair works of existing
structures and facilities
h. Garment manufacturing with no dying and only
involving spinning, cutting and sewing

 The Public Hearing Committee (PHC)

Composition:
1. One member from the Office of the General Manager

2. One member from the Legal Division
3. One member from the Pollution Control Division
Nature of Actions before the PHC:
1. Those filed by LLDA thru the PCD

2. Those filed by third parties affected by the pollution
3. Those endorsed by DENR and other agency
Type of Cases:
1. Operating without LLDA Clearance and/or Discharge Permit

2. Water Pollution

LEGAL ORDERS ISSUED BY THE PHC
I. Notice of Violation (NOV):
1. Operating without clearance and permit

- sixty days grace period
- with administrative fine of P5,000/year of operation
reckoned from the initial operation but not earlier
than 1997
2. Water Pollution based on ROLA

- fifteen days period to submit corrective measures
- daily penalty of at least P1,000 reckoned from the
date of sampling
- if also operating without LC/DP, administrative fine
of P5,000.00 shall be imposed

For re-sampling and the acceptable range of analytical

variation is not fully determined, TAR is set at 20% of the
value in the effluent standard (except for pH, which should
be within the range of 6.0 - 9.5).ROLA that fall within the
category shall be entitled to automatic re-sampling if all
the following three conditions are met:
a. only one parameter is involved
b. exceedance is within TAR
c. re-sampling has not been done more than twice.
3. Temporary Acceptable Range (TAR)

Re-sampling shall be done within 30 days after the ROLA
3.1 Two or more parameters falling within this TAR
for the sampling
3.2 Two successive re-sampling results show two
different parameters falling within TAR
* Reckoning date for penalty purposes shall be the
original sampling date although the results were
within TAR

II. Notice of Public Hearing:
III. Ex-parte Order (to show cause within 15 days why

no CDO shall be issued) shall be imposed to
either any of the following conditions:
1. BOD concentration exceeds 250 mg/l

2. Concentration of any heavy metal is exceeding
the effluent standard
3. Concentration of any physico-chemical parameter
is exceeding five times the effluent standards
4. pH is outside the prescribed range
IV. Order to Pay

V. Cease and Desist Order (CDO):
1. BOD concentration exceeds 500 mg/l

2. Concentration of any heavy metal exceeds the
effluent standard
3. Concentration of any physico-chemical parameter
is exceeding ten times the effluent standards
4. pH is below 3 or above 11
- issued after the lapse of period granted for

compliance
- implemented by actual padlocking of water
sources and putting up signboards within the
plant’s premises
- to be implemented by the LLDA enforcement
team assisted by the PNP

VI. Temporary Lifting Order:
TLO may be issued upon compliance with the following:
1. Written undertaking under oath, signed by the

CEO of the respondent stating its immediate and
long term remedial measures including certification
of funds availability to undertake such activity
2. Immediate payment of penalties (at least 50%
of accrued)
3. Appointment of PCO for accreditation
4. Submission of self-monitoring reports (SMR)
5. Application for LLDA Clearance and Discharge Permit
VII. Order of Dismissal
Memorandum Order 97-99 series of 1997

FINES AND PENALTIES

Legal Basis:
1. Section 39-A, R.A. 4850 as amended

“Any person, natural or judicial who shall
violate any of the provisions of RA 4850 or
any rules and regulations promulgated by
LLDA shall be liable to an administrative
fine not exceeding five thousand pesos
(P5,000)”
2. Section 9 (b) PD No. 984

“Any person found violating any of the prohibited
acts under Sec. 8 shall be liable to a penalty of
not to exceed one thousand pesos (P1,000) for
each day during which the violation continues

Daily Penalty:
1. P1,000 per day of pollutive discharge reckoned

from the date of initial inspection with the
sample until the date of compliance with the
effluent standards on all parameters
2. Date of receipt of request for re-sampling
stops the counting of daily penalties if the
plant meets the effluent standard on all
parameters upon re-sampling, otherwise the
penalty shall continue to run
3. Computation shall be based on actual
production records of the plant and other
similar proofs

Administrative Fine:
1. Operating without LLDA Clearance and/or
Discharge Permit P5,000/year of operation
reckoned from the date of initial operation but
not earlier than 1997
2. Non-compliance with permit conditions
(P5,000/condition)
3. Refusal of entry of bona fine LLDA inspectors /
refusal to conduct inspection, P5,000 for
every inspection
APPEALS:
Any part not satisfied with the decision of the
PHC may file appeal within 15 days from receipt
thereof with the Office of the President (OP) or
the Office of the Secretary of the DENR, provided
that no simultaneous appeals shall be allowed
OTHER LLDA RULES AND

REGULATIONS
RESOLUTION NO. 33, SERIES OF 1996

• Approving the rules and regulations implementing
the EUF in the Laguna de Bay Region
RESOLUTION NO. 106, SERIES OF 1999

• Approving the policy guidelines governing all
industrial estates/parks within the Laguna de
Bay Region (April 25, 1999)

POLLUTION CONTROL OFFICERS
MEMORANDUM CIRCULAR NO. 99-02
• Amendment of certain provisions of

Memorandum Order No. 97-84, series of 1997,
concerning the simplified requirements for
Accrediting Pollution Control Officers. (March
29, 1999)
MEMORANDUM CIRCULAR NO. 04
• Persons Authorized to Transact Business with

the LLDA on Regulatory Permits and Other
Requirements. (March 20, 2000)

OTHER POLLUTION LAWS, RULES AND

REGULATIONS
PRESIDENTIAL DECREE NO. 984

 Providing for the provisions of R.A. 3931,
commonly know as “The Pollution Control Law
of the Philippines” and for other purposes.
(August 18, 1976)
PRESIDENTIAL DECREE NO. 1586

 Establishing an Environmental Impact
Assessment System including Environmental
Management -related measures and for other
purposes. (June 11, 1978)

ECC Requirements: (Basis PD 1586)
1. IEE / IES
2. Project Description
3. Certificate of locational viability from HLURB or
locational clearance from MMDA
4. Plan layout / site development showing clearly
the location
5. Colored pictures with captions showing the
perspective of the site and its immediate outlying areas
6. Sewerage and drainage plan
7. Estimated volume of water used in the process
8. Report of the consultative process undertaken
indicating that the constituents of his area have no
violent objections
9. Accountability statement of Project Proponent duly
notarized
10. Name and profile of consultants who prepared the
Project
11. Proof on evidence of posting of notice of submission
of an IEE / IES

Location Clearance Requirements:
1. Original / Transfer Certificate of Title or

Lease Contract
2. Plan layout / site development / floor plan
3. Barangay Clearance
4. Site pictures (if already existing
5. Business permit

DENR ADMINISTRATIVE ORDER NO. 34,

SERIES OF 1990
 Revised water usage and classification/water

quality criteria amending section nos. 68 & 69
and chapter III of the 1978 NPCC Rules and
Regulations. (March 20, 1990)
DENR ADMINISTRATIVE ORDER NO. 35-91,

SERIES OF 1993
 Revised effluent regulations of 1990 revising

and amending the effluent regulations of 1982
(December 9, 1993)

 Republic Act No. 8749 or the Philippine

Clean Air Act of 1999
- An act providing for a comprehensive air pollution

control policy and for other purposes
- Covers all potential sources of air pollution

(mobile, point and area sources)
- Divides the country into airsheds-LDBR falls

within the MM airshed

 Compliance Mandates
1. Mobile Sources
- All new motor vehicles whether locally

assembled / manufactured or imported
are to be covered by CoC issued by DENR
to manufacture, assembler of importer
- Registration of in-use motor vehicles shall

only be allowed upon proof of compliance
of emission standards through MVIS of LTO
DOTC and authorized emission testing centers

- Rebuilt motor vehicles or imported second hand
completely built-up or pre-regulated vehicles
retrofitted with second hand engines shall only be
allowed registration or renewal of registration upon
submission of a valid Certificate of Compliance
to Emission Standards (CCES)
2. Fuels
- Complete phase out of leaded gasoline before

the end of the year 2000

- Lowering of the sulphur content of industrial

and automative diesel respectively, from 0.5%
to 0.3% and from0.2% to 0.05%
- Lowering of aromatics in unleaded gasoline

from 45% maximum to 35% maximum; and
lowering of benzene in unleaded gasoline
from 4% maximum to 2% maximum

3. Industrial Sources
- All stationary sources must comply with the

National Emission Standards for Source Specific
Pollutants (NESSAP)and the National Ambient
Air Quality Standards
- Penalty - not more than P100,000.00 for every

day of violation until such time the standards are
met. For gross violation, the penalty is imprisonment
of not less than six years but not more than 10
years upon the discretion of the court. At the
same time Pollution Adjudication Board (PAB)
could issue a CDO

 Memorandum Circular No. 2001-14
x x x . . . The regulatory power and authority

exercised by the Laguna Lake Development
Authority (LLDA) over stationary sources of
air pollution is hereby abrogated. . . x x x

Republic Act No. 6969

- An act to control toxic substances and hazardous
nuclear wastes, providing penalties for violations
thereof, and for other purposes (July 23, 1990)
Pre-manufacturing and Pre-importation requirements

a. The name of the chemical substance
b. Its chemical identity and molecular structure
c. Proposed categories of use
d. Estimate amount to be manufactured, processed
or imported
e. Processing and disposal thereof
f. Any test data related to the health &environmental
effects which the manufacturer, processor or
importer

Chemical subject to testing
Testing shall be required in all cases where:
a. Chemical substance or mixture may present an

unreasonable risk to health or environmental
exposure thereto;
b. There are insufficient data and experience
for determining or predicting the health and
environmental effects of the chemical substance
or mixture
c. Testing of the chemical substance or mixture is
necessary to develop such data

Chemical substance exempt form pre-

manufacturing notification:
a. Those included in the categories of chemical

substances & mixtures already listed in the
inventory of existing chemicals;
b. Those to be produced in small quantities solely
for experimental or research and development
purposes
c. Chemical substances & mixtures that exist
temporarily and which have no human or
environmental exposures
d. Chemical substances & mixtures that will
not present unreasonable risk to health and
the environment.

Prohibited Acts:
a. Knowingly use chemical substance or mixture

w/c is imported, manufactured, processed or
distributed in violation of this Act or implementing
rules and regulations or orders
b. Failure or refusal to submit reports, notices or
other information access to records as required
by this Act or pertinent inspection of establishment
where chemicals are manufactured, processed,
or stored
c. Failure or refusal to comply with the pre-manufacture
and pre-importation requirements
d. Cause, aid or facilitate importation into the Philippines
any amount of hazardous and nuclear waste.

Republic Act No. 9003 or the Ecological

Solid Waste Management Act of 2000
- An act providing for an ecological solid waste

management program. Creating the necessary
Institutional mechanisms and incentives
declaring certain acts prohibited and providing
penalties, appropriating funds, thereof, and for
other purposes

DENR Administrative Order No. 2002-16

July 11, 2002
- known as the DENR-EMB National Environmental
User’s Fee of 2002
Scope
This order shall apply to all development projects,

installations and activities that discharge industrial /
commercial wastewater and pose a threat into Philippine
waters or land resources, which cover industrial and
commercial establishments
EMB-NCR shall implement the NEUF system except

in areas under the territorial jurisdiction of the LLDA

DENR Administrative Order No. 2003-14

June 2, 2003
- Creating the Philippine Environment Partnership

Program (PEPP) to Support Industry Self-Regulation
Towards Improved Environmental Performance
Policy Statement
In line with:
 The Policy of the state to promote the people’s

right to a balanced and healthful ecology
 The Philippine Agenda 21
 Executive Order 192 (Sec. 5 (h) (6)

 The Medium Term Phil. Development Plan

(1999-2004)
 Clean Air Act Of 1999
 Pollution Control Law (PD 984, Sec. 6(f)(g)
 Ecological Solid Waste Management Act (Art. 1,
Sec. 2 (h)
 Environmental Code (PD1152, Sec. 57)
 Environmental Management System (EMS)
 Pollution Prevention/Cleaner Production (P2/CP)
 Are significant programs to reduce pollution and
promote sound environmental management

To promote sustainable development by

encouraging the business and/or industrial sector
to engage in environmental improvement activities
and advance self-regulation and mandatory
compliance with environmental standards.
Scope and Coverage
All establishments that are governed by relevant

environmental laws, rules and regulations.

Program Categories and Tracks
Track I cover establishments with proven or

demonstrated superior environmental
performance. Includes sustained implementation
of EMS for at least three (3) years with Program
that addresses the regulated and unregulated
significant aspects and impacts of an
establishment including a Pollution
Prevention/Cleaner Production Program.

Track I
1. High – profile recognition award
Establishments shall be rewarded with the

DENR Official Seal of Approval. This shall be
valid for one (1) year and renewable yearly. It
may be forfeited anytime for any violation or
non-compliance to the criteria of the
Recognition Program.
2. Regulatory Assistance
a. Relaxation of reportorial requirements.

b. Simplified requirements for securing ECC for an
expansion project of an existing establishment.

3. Financial Assistance
Preferential access to financial assistance from

PEPP partners such as the DBP and LBP
subject to compliance with the requirements of
the bank.
4. Fiscal incentives such as tax credits and/or

accelerated depreciation deduction pursuant to
Sec. I Rule 13 of the CAA and/or subject to
compliance with the standard requirements of
the Government Agency.
5. Other Assistance
Technical and/or technology information

assistance on appropriate pollution
prevention/cleaner production technology.
Track I
Qualifications:
1. No cases filed for 3 years prior to the date of
application
2. Full compliance with all applicable
environmental laws, rules and regulations.
3. Proven record of superior environmental
performance as shown in an Audit Report of
the EMS.
Track II
Establishments that are not yet in full

compliance but aiming to improve
environmental performance. Involve the use
of Environmental Consent Agreement
(ECONA).
Track II
Approaches
1. Industry associations
Participation shall be either by establishment as
an industry association. The association shall
conduct preliminary discussion with DENR on
behalf of its interested members and may enter
into an agreement through ECONA.
2. Establishment
An establishment may enter into an ECONA. It

shall be required to submit an Environmental
Management Plan (EMP), using the EMP
outline within six months from signing. EMP
should be developed within the context of an
EMS.
Track II
ECONA Signatories
a. Individual Establishments
- CEO/President of the participating
company and the Head of the Agency
b. Industry Association
- President of the concerned industry
association/group, the member companies
and Head of Agency.

Track II
Qualifications:
1. Explicit company policy to achieve superior

environmental performance.
2. Self-reporting of self-discovered non-
compliance with Environmental regulations.
3. Submission of all Track 2 doc. Requirements
those with pending pollution cases have to
seek endorsement from PAB or LLDA.

Track II
Grounds for Termination
ECONA maybe terminated upon the request of the

establishment as if it is in substantial non-
compliance, refuses to amend an ECONA, unable or
unwilling to meet commitments to improved
environmental performance or has not addressed
substantive issues raised by a majority of the
interested person/parties affected by the operations
of the establishments.

Regulatory Assistance
1. Phased timetable for attaining compliance to

regulations merging from 18 to 30 months
within the context of implementing an EMS.
2. Flexible payment schemes.
3. Simplified requirements for securing an ECC for
an expansion project of an existing
establishments.
4. For companies operating with an ECC and are
covered by the EIS system, the EMP prepared
within the context of an EMS shall be
acceptable as basis for the issuance of an ECC
and a waiver or reduction of corresponding
penalties.
Financial and other Assistance

Same with Track I
Pending Bills
“ Proposed Philippine Clean Water Act of 2002 ”

Status: Second Reading
“ National Environmental Protection Authority”

Status: Committee Deliberations

Clean Water Act Salient Features:

> Water Quality Standards and Regulations
- incorporated DAO 34 & 35
> Environmental User Fee System

- nationwide implementation
> LLDA shall conform to provisions of the Act
x x x . . . Areas w/in the jurisdiction of LLDA shall

be designated as one management area under the
administration of LLDA in accordance with RA 4850
as amended. Provided, however, that the standards
and water pollution charge system established
pursuant to this Act shall be enforced in the said
area. . . x x x


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Laguna Lake Development Authority

Continuing Education Program

LLDA General Statutes

An act creating the “ Laguna Lake Development

 Presidential Decree No. 813

Amending certain functions of RA 4850, granting

Continuing Education Program

 Executive Order No. 927

Further amending the original charter of the LLDA

The LLDA has an exclusive and original

Continuing Education Program

Continuing Education Program

 Geographical jurisdiction, whole Provinces of

Batangas Sto. Tomas

 To lead, promote and accelerate the development

 To carry out the development of the basin w/ due

- preservation of the quality of human life

- prevention of undue ecological disturbances,

Continuing Education Program

Board Resolution No. 41, s. 1997

Continuing Education Program

The following are required to apply for LLDA Clearance:

a. Industrial establishment and development projects

Continuing Education Program

a. Single residential buildings and similar human

e. Countryside business and barangay entities

Continuing Education Program

 The Public Hearing Committee (PHC)

1. One member from the Office of the General Manager

Nature of Actions before the PHC:

1. Those filed by LLDA thru the PCD

1. Operating without LLDA Clearance and/or Discharge Permit

Continuing Education Program

LEGAL ORDERS ISSUED BY THE PHC

I. Notice of Violation (NOV):

1. Operating without clearance and permit

2. Water Pollution based on ROLA

Continuing Education Program

For re-sampling and the acceptable range of analytical

3. Temporary Acceptable Range (TAR)

Continuing Education Program

II. Notice of Public Hearing:

III. Ex-parte Order (to show cause within 15 days why

1. BOD concentration exceeds 250 mg/l

IV. Order to Pay

Continuing Education Program

V. Cease and Desist Order (CDO):

1. BOD concentration exceeds 500 mg/l

- issued after the lapse of period granted for

Continuing Education Program

VI. Temporary Lifting Order:

TLO may be issued upon compliance with the following:

1. Written undertaking under oath, signed by the

VII. Order of Dismissal

Memorandum Order 97-99 series of 1997

Continuing Education Program

FINES AND PENALTIES

1. Section 39-A, R.A. 4850 as amended

2. Section 9 (b) PD No. 984

Continuing Education Program

1. P1,000 per day of pollutive discharge reckoned

Continuing Education Program

OTHER LLDA RULES AND