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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;

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