PHILIPPINE ENVIRONMENTAL LAWS topology, which affect the mixture and diffusion
of pollutants in the air, share common interests
Presidential Decree (PD) 1586: Philippine or face similar development problems. These Environmental Impact Statement System will be managed by multi-sectoral Governing This law requires private corporations, Boards chaired by the DENR Secretary with firms or entities including agencies and representatives from concerned government instrumentalities of the government to prepare agencies, the private sector, NGOs and LGUs. an environmental impact statement (EIS) for The Clean Air Act covers all potential every proposed project and undertaking which sources of air pollution, to wit: significantly affect the quality of the (1) Mobile Sources (e g. motor environment. The EIS is a document that vehicles); provides a comprehensive study of the (2) Point or Stationary Sources (e g. significant impacts of a project on the industrial plants); and environment. It is prepared and submitted by (3) Area Sources (e g. wood or coal the project proponent and/or EIA Consultant as burning) Smoke belching vehicles on the road an application for an Environmental Compliance will undergo emission testing. Certificate (ECC). In general, only projects that Violators will be subject to the following pose potential significant impact to the fines/penalties: environment shall be required to secure an ECC. 1st Offense P 1,000.00 In determining the scope of the EIS 2nd Offense P 3,000.00 System, two factors are considered: (i) the 3rd Offense P 5,000.00 plus a seminar nature of the project and its potential to cause on pollution management. significant negative environmental impacts, and In order to achieve clean air, we need (ii) the sensitivity or vulnerability of clean fuels. The CAA provides for the complete environmental resources in the project area. phase-out of leaded gasoline; lowering of the Environmental Impact Assessment (EIA) is the sulfur content of industrial and automotive process that involves evaluating and predicting diesel; lowering of aromatics and benzene in the likely impacts of a projection the unleaded gasoline. Stationary sources must environment during construction, comply with the National Emission Standards commissioning, operation and abandonment. It for Source Specific Air Pollutants (NESSAP) and is undertaken by, among others, the project National Ambient Air Quality Standards proponent and/or EIA Consultant, EMB, a (NAAQS) and must secure their permit to Review Committee, affected communities and operate, prior to operation. other stakeholders. A business firm is fined of not more An ECC is a document issued by the than P100,000 for every day of violation until DENR/EMB after a positive review of an ECC such time that standards are met or application, certifying that based on the imprisonment of not less than 6 years but not representations of the proponent, the proposed more than 10 years upon the discretion of the project or undertaking will not cause significant court. The Pollution Adjudication Board (PAB) negative environmental impact. The ECC also adjudicates all environmental cases. certifies that the proponent has complied with all the requirements of the EIS System and has RA 9275: Philippine Clean Water Act of 2004 committed to implement its approved The law aims to protect the country’s Environmental Management Plan. water bodies from land-based pollution sources (industries and commercial establishments, Republic Act (RA) 8749: Clean Air Act (CAA) of agriculture and community/household 1999 activities) It provides for a comprehensive and Provides for a comprehensive air quality integrated strategy to prevent and minimize management policy and program which aims to pollution through a multi-sectoral and achieve and maintain healthy air for all Filipinos. participatory approach involving all the The DENR Secretary, upon recommendation of stakeholders. the EMB, will divide the country into different Under the Act, discharges of airsheds. Airsheds are to be designated based wastewater shall be controlled. Owners or on climate, weather, meteorology, and operators of facilities that discharge wastewater are required to get a permit to RA 9003: Philippine Ecological Solid Waste discharge from the EMB or the Laguna Lake Management Act (PESWMA) of 2000 Development Authority. Domestic wastewater It provides the legal framework for the will be addressed accordingly. The Department country’s systematic, comprehensive, and of Public Works and Highways (DPWH), in ecological solid waste management program coordination with local government units that shall ensure protection of public health and (LGUs) will prepare a national program on the environment. sewage and septage management. Key features of the Solid Waste On the other hand, LGUs are to provide Management Act the land including road right of the way for the 1. Creation of the National Solid Waste construction of sewage and/or septage Management Commission (NSWMC), the treatment facilities and raise funds for the National Ecology Center (NEC), and the Solid operations and maintenance of said facilities. Waste Management Board (NSWMB) in every The Department of Health (DOH) will formulate province, city and municipality in the country. guidelines and standards for the collection, The NSWMC shall be responsible in the treatment and disposal of sewage as well as the formulation of the National Solid Waste guidelines for the establishment and operation Management Framework (NSWMF) and other of centralized sewage treatment system. policies on solid waste (SW), in overseeing the The water district will provide water implementation of solid waste management supply and sewerage facilities and to connect plans and the management of the solid waste existing sewage lines, subject to the payment of management fund. sewerage service charges/fees within five years The NEC, on the other hand, shall be following effectivity of this Act. Anyone responsible for consulting, information, training discharging wastewater into a water body will and networking services relative to the have to pay a wastewater charge. This implementation of R.A. No. 9003.The NSWMB economic instrument will encourage of provinces, cities, and municipalities shall be investments in cleaner production and pollution responsible for the development of their control technologies to reduce the amount of respective SW management plans. pollutants generated and discharged. 2. Formulation of the NSWMF 10-year SW plans by local government units; RA 6969: Philippine Toxic Substances and 3. Mandatory segregation of SW to be Hazardous and Nuclear Waste Act conducted at the source; The Act provides the legal framework 4. Setting of minimum requirements to for the Philippines to control and manage the ensure systematic collection and transport of importation, manufacture, processing, wastes and the proper protection of garbage distribution, use, transport, treatment and collectors' health; disposal of toxic substances and hazardous and 5. Establishment of reclamation nuclear wastes. programs and buy-back centers for recyclable A Chemical Control Order (CCO) is and toxic materials; issued by the DENR to prohibit, limit or regulate 6. Promotion of eco-labeling and the use, manufacture, import, export, prohibition on non-environmentally acceptable transport, processing, storage, possession and products and packaging; wholesale of priority chemicals that are 7. Establishment of Materials Recovery determined to be regulated, phased-out, or Facility (MRF) in every barangay or cluster of banned because of the serious risks they pose barangays; to public health and the environment. Of the 48 8. Prohibition against the use of open toxic chemicals listed in the Priority Chemical dumps and setting of guidelines/criteria for the List (PCL), five have already been covered by establishment of controlled dumps and sanitary CCOs in the form of DAOs. landfills; These CCOs are for: mercury (DAO 97- 9. Provision of rewards, grants and 38), cyanide (DAO 97-39), asbestos (DAO 2000- incentives both monetary and non-monetary to 02), ozone-depleting substances (DAO2000-18), encourage LGUs and the public to undertake and polychlorinated biphenyls (DAO 2004-01). effective SW management; 10. Promotion of research on SWM and RA 9275 (Philippine Clean Water Act) environmental education in the formal and non- PD 1586 (Environmental Impact Statement formal sectors. System) RA 6969 (Toxic Substances and Hazardous Waste Control Act) RA 9729: Climate Change Act of 2009 RA 9003 (Ecological Solid Waste Management RA 9729 aims to systematically Act) integrate the concept of climate change in the RA 9512 (Environmental Education Act of 2008) policy formulation and development plans of all government agencies and units, to the end that PD 1586 (Environmental Impact Statement the government will be prepared for the impact System) ENVIRONMENTAL IMPACT of climate change. ASSESSMENT (EIA) The law created the Climate Change - is a PROCESS involving predicting and Commission, composed of the President, as evaluating the likely impacts of a project on the Chairperson, and three (3) commissioners to be environment during construction, appointed by the President, which is tasked to commissioning, operation and abandonment. coordinate, monitor and evaluate the programs Section 4 of PD 1586 provides that no and action plans of the government relating to person, partnership or corporation shall climate change. Government agencies have undertake or operate any such declared likewise been assigned their respective roles environmentally critical project (ECP) or area under RA 9729. (ECA) without first securing an Environmental For instance, the Department of Compliance Certificate (ECC). Education is tasked to integrate climate change Environmental Compliance Certificate into the primary and secondary education (ECC) is a document issued by the DENR/EMB curricula, including textbooks and other after a positive review of an ECC application, education materials. Government Financial certifying that based on the representations of Institutions are allowed to provide preferential the proponent, the proposed project or financial packages for climate change-related undertaking has complied with all the projects. requirements of the EIS System and has committed to implement its approved RA 9512: Environmental Awareness and Environmental Management Plan, EMP to Education Act of 2008. address the environmental impacts. It’s an Act to promote environmental Content of an ECC Proponent's awareness through Environmental Education Information List of conditions within EMB (EE) and covers the integration of EE in the mandate List of recommendation pertaining school curricula at all levels, be it public or compliance/ satisfaction to concerned LGUs/ private, including day care, preschool, non- agencies/ stakeholders. formal, technical, vocational, indigenous ECC Validity ECC is valid throughout the learning, and out-of-school youth courses or entire project lifetime provided: programs. 1. There is no significant project Section 6 of the Act says that the expansion DepEd, CHED, TESDA, DENR, DOST and other 2. There is no change in technology relevant agencies, in consultation with experts 3. There is no change in location on the environment and the academe, shall 4. Project was implemented within five lead in the implementation of public education (5) years from the date of issuance Certificate of and awareness programs on environmental Non-Coverage refers to the document issued by protection and conservation through DENR stating that the proposed project is not collaborative interagency and multi-sectoral covered by the Philippine Environmental Impact effort at all levels. Assessment System, therefore, the proponent is It also declares November as the not required to secure an ECC prior to Environmental Awareness Month in the commencement of operation. Philippines. The issuance of this certificate shall not Environmental Laws and Regulation exempt the grantee from compliance with RA 8749 (Clean Air Act of 1999) applicable environmental laws, rules and regulations including permitting requirements RA 9275 - Philippine Clean Water Act of 2004 of other government agencies. Water Quality Standards Pollution Control Officer General Effluent Standards - A technical person competent in Designation of Water Quality Management Area pollution control and environmental management, performing the duties and Who may apply for discharge permit? responsibilities in a particular establishment Any person that shall discharge in any and officially accredited by the Environmental manner wastewater into Philippine waters Management Bureau Regional Office to perform and/or land shall secure a wastewater discharge such responsibilities See DAO 2014-02: Revised permit from the Regional Office of the Bureau. Guidelines for Pollution Control Officer RA 9275 Prohibited Acts Accreditation Discharging, depositing or causing to be When is a PCO required? deposited material of any kind directly or Establishment that discharge solid, indirectly into water bodies or along the margin liquid or gaseous wastes to the environment or of any surface water whose activities, products or services are actual Discharging regulated water pollutants and/or potential sources of land, air, water or without the valid required discharge permit air pollution Local Government Units Refusal to allow entry, inspection and Development Authorities Government owned monitoring as well as access to reports and and controlled corporations, and Other public records establishments PCO not required: Disposal of potentially infectious Ambulant vendors and stall owners as medical wastes into seawater by vessels defined under RA 6977 (An act to promote, Refusal or failure to submit reports develop and assist small and medium and/or designate Pollution Control Officer enterprises through the creation of the Medium RA 6969 - Toxic Substances and Hazardous and Enterprise Development Council; MRF operated Nuclear Waste Control Act of 1990 by Barangays that do not handle hazardous Chemical Management PCL, PICCS, SQI, wastes PMPIN, CCO Categorization of PCO Depends on the Hazardous Waste Management “from following criteria: cradle to grave” • Chemical Usage Philippine Inventory of Chemicals & Chemical • Hazardous waste generated/handled Substances • Air emission It is a list of all existing chemicals & • Waste water discharge chemical substances used, sold, distributed, • Solid waste generated/handled imported, processed, manufactured, stored, • Sludge generated/handled exported, treated or transported in the Duties and Responsibilities of PCO Philippines. Ensure compliance with the Pre-Manufacturing & Pre-Importation requirements of PD 1586, RA 6969, RA 8749, RA Notification Purpose 9003, RA 9275, their respective implementing is to screen harmful substances before rules and regulations, and other pertinent rules they enter the Philippine’s commerce and regulations; Polymer Exemption Attend to all permitting and registration Priority Chemical List requirements of the establishment prior to the It is a list of existing & new chemicals construction, installation, or operation sources that DENR has determined to potentially pose and control facilities; unreasonable risk to public health, workplace & Attend technical conferences, hearings, the environment. and meetings especially on matters pertaining Chemical Control Order to pollution cases of the establishment where Prohibits, limit, or regulate the use, he/ she is employed; manufacture, import, export, transport, Initiate and intensify environmental processing, storage, possession, and wholesale management activities including awareness of those priority chemicals that DENR campaign within their organization. determined to be regulated, phased- out, or banned due to the serious risks they pose to public health, workplace & environment. Hg, Pb, CN, PCB, ODS, AS, Cd*, Vinyl Cl*, Benzene*, Chromium*
DAO 2013-22: Revised Procedures and
Standards for the Management of Hazardous Wastes Classification of Hazardous Wastes (A- M) Online Manifest System Waste Management: Proper Storage, Packaging, Labelling, Transport and Treatment RA 9003: Ecological Solid Waste Management Act of 2000 Creation of the National Solid Waste Management Commission (NSWMC), the National Ecology Center (NEC) and the Solid Waste Management Board in every province, city and municipality in the country. Formulation of the National Solid Waste Management Framework; 10-year solid waste management plans by local government units consistent with the National Solid Waste Management Framework; Establishment of Materials Recovery Facility in every barangay or cluster of barangays; Prohibition against the use of open dumps; Setting of guidelines/criteria for the establishment dumps and sanitary landfills RA 9003: Ecological Solid Waste Management Act of 2000 Provision of rewards, incentives both fiscal and non-fiscal, financial assistance, grants and the like to encourage LGUs and the general public to undertake effective solid waste management; Mandatory segregation of solid waste to be conducted primarily at the source such as household, institutional, industrial, commercial and agricultural sources; Setting of minimum requirements to ensure systematic collection and transport of wastes and the proper protection of the health of garbage collectors;