LAGUNA LAKE DEVELOPMENT AUTHORITY 2" Floor Satellite Office, Rizal Sports Complex, Rizal Provincial Capitol Compound, Pasig City RESOLUTION NO. 192 Series of 2004 APPROVING THE REVISED RULES, REGULATIONS AND PROCEDURES IMPLEMENTING REPUBLIC ACT NO. 4850, AS AMENDED WHEREAS, it is the declared national policy to promote, and accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces, cities and towns hereinafter referred to as the region, within the context of the national and regional plans and policies for social and economic development and to carry out the development of the Laguna Lake region with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological systems, and the preservation of undue ecological disturbances, deterioration and pollution; and WHEREAS, for Laguna Lake Development Authority to effectively perform its quasijudicial functions and for proper and effective implementation of its regulatory powers, the Laguna Lake Development Authority has formulated the Revised Rules, Regulations and Procedures implementing Republic Act No. 4850, 2s amended; NOW, THEREFORE, considering the foregoing premises and pursuant to its administrative rule-making powers provided for under Section 5, paragraph (k) of Republic Act No, 4850, as amended by Presidential Decree No. 813 and Section 4 paragraph (a), (b) & (2) of Executive Order No. $27, Series of 1983, the Laguna Lake Development Authority hereby promulgates and adopts the following Rules, Regulations and Procedures in the implementation of the Provisions of Republic Act No. 4850, as amended, for the Laguna de Bay and its, watershed: RULE | GENERAL PROVISIONS Section 1 — Title These rules shall be known as the Laguna Lake Development Authority's Revised Rules, Regulations and Procedures implementing Republic Act No. 4850, as amended. ‘Section 2 - Scope and Application These Rules and Procedures shall apply to Laguna de Bay and the Laguna de Bay region as defined under Section 41 of Republic Act No. 4850 and Section 2 of Executive Order No. 927, Series of 1983. They shall govern the proceedings relative to administrative hearings and resolutions of all cases affecting the Laguna de Bay and its watershed that include pollution control cases, aquaculture cases, shoreland matters and other administrative determinations affecting the implementation of the provisions of Republic Act No. 4850, as amended within the Laguna de Bay RegionResolution No. 192 Series of 2004 Page 2 Section 3 — Construction These Rules, Regulations and Procedures shall be liberally construed to carry out the legislated national policy to protect the balanced growth of the Laguna de Bay Region and promote public interest and to assist the parties in obtaining just, speedy and inexpensive disposition of all cases falling within the jurisdiction of the LLDA. Section 4 — Administration and Enforcement These Rules, Regulations and Procedures shall be implemented, administered and enforced by the Laguna Lake Development Authority through the Public Hearing Committee and/or through its duly authorized representatives. Enforcement of any order promulgated by the Authority may be course through any other government agencies deputized by the Authority Pursuant to the provisions of Republic Act No. 4850, as amended. RULE I DEFINITION OF TERMS Section 1 — Definition of Terms For the purpose of these Rules, Regulations and Procedures, whenever the following words or terms are used herein, or in any amending rules and regulations hereinafter issued, they shall mean as follows: “Authority” or LLDA means the Laguna Lake Development Authority. “Analysis” means any laboratory test or examination of any matter, substance or process for the purpose of determining its composition, qualities, causal relations and/or its effects upon the environment. “Committee” or "PHC" shall mean the Public Hearing Committee. “Decision/Resolution” means the judgment or resolution issued by the Public Hearing Committee in accordance with these Rules, stating clearly the facts of the case, the violations and issues, legal determination and the legal basis thereof and duly approved and signed by the General Manager and bears the official seal of the Authority. “Department” or “DENR” shall mean the Department of Environment and Natural Resources. “Effluent” is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out any industrial plant, commercial establishment or any treatment facility. “Environment” means the physical factors of the total surroundings of human beings, including but not limited to the lakes and other bodies of water, land, air, atmosphere, climate, sound, odor, plants, insects, animals, its biological and physical factors, all its life support systems and all other surrounding matters that affects directly or indirectly the existence of human life and other life forms in a specific area,Resolution No. 192 Series of 2004 Page 3 “Fishpen’ is a structure enclosing a particular area in the lake which make use of bamboos or anahaw poles surrounded by nets, fastened by @ weight of sinkers embedded in the lake bed “Fishcage” is a structure similar to an inverted mosquito net fastened to bamboos. “General Manager” means the chief operating or executive officer of the Laguna Lake Development Authority duly appointed by the Office of the President. “Industrial Waste” means any liquid, gaseous or solid matter or other wastes substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development, processing or recovery of any natural resources which may cause or tend to cause pollution or contribute to the pollution of the water, air and land resources of the Philippines. “Laguna de Bay or Laguna Lake" refers to that area covered by waters when it is at the average annual maximum elevation of 12.50 meters referred to datum 10.00 meters Mean Lower Low Waters (M.L.L.W.) as defined under Section 41 of Republic Act No. 4850 , as amended, "Laguna de Bay Region or Region” refers to the watershed region of Laguna de Bay which includes the provinces of Rizal and Laguna, the cities of San Pablo, Pasay, Caloocan, Quezon, Manila, and Tagaytay: the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa and Pateros in Metro Manila as defined under Section 2 of Executive Order No. 927 including such other cities and municipalities created hereinafter. “Lake Bed" means the lands located at and below the average annual maximum lake level elevation of 12,50 meters as referred to datum 10.00 meters below mean lower low water (MLLW) and therefore forms part of the inalienable lands of the public domain. "Managing Head” shall mean the President, Managing Director, Managing Partner, Chief Executive Officer or highest executive officer of the respondent, if it be @ corporation, partnership or other juridical person or the owner/proprietor of a business. “Person” or “Persons” shall include any being, natural or juridical susceptible of rights and obligations or of being the subject of legal actions. “Permits"Clearance” shall_mean any clearance or legal authorization granted by the Authority to undertake any development activity within the Laguna de Bay Region or perform any other act allowed under its existing rules.