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 implemented without an Environmental Compliance Certificate (ECC)

Provides permitting requirements Provides penalty provisions 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 ECC

Not Covered 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

Documentary Requirements & Processing Time

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

EPRMP

B: Projects located in an ECA

Co-located Project

Project Description or Proof of Project Implementation prior to 1982

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

Fees, Fines and Penalties

Upon submission of the application shall pay filing fees and other fees in accordance with prescribed standard cost and fees.
Penalty of suspension or cancellation of ECC and/or fine of not more than P50,000/violation

Projects established and/or operating without ECC Projects violating ECC conditions, EMP, Rules and Regulation Misrepresentation in the EIS/IEE or any other Documents submitted

Pollution Control Law P.D. 984

Clean Air Act of 1999 R.A. 8749 DAO 2000-81 Clean Water Act of 2004 R.A. 9275 DAO 2005-10

Toxic Substances & Hazardous and Nuclear Waste Act of 1990 R.A. 6969

Ecological Waste Management Act of 2000 R.A. 9003 DAO 2001-34

Clean Air Act (CAA) of 1999

A comprehensive policy and program for air quality management in the country. DENR Administrative Order No. 2000-81 is the Implementing Rules and Regulations of this Act.

Pollution sources can be classified into:

Mobile sources

vehicles like cars, trucks, vans, buses, jeepneys, tricycles and motorcycles. industrial firms and the smoke stacks of power plants, hotels and other establishments Refer to sources other than above, this include smoking, buring of garbage, and dust from construction, unpaved ground and the like.

Point/Stationary sources

Area sources

Stationary Sources

All sources of air pollution must have a valid Permit-to-Operate. 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. For purposes of sampling, planning, research and other similar purposes, the DENR-EMB, may issue a Temporary Permit-toOperate not to exceed ninety (90) days, provided that the applicant has pending application for Permit-to-Operate.

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 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, Inspection and Testing by the authorized representative of DENR-EMB.

Fines & Penalties

A fine of < P 100,000.00 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 10,000 but nor more than P100,000 or six (6) months to six (6) years or both. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer of the officials directly in charge of the operations suffer the penalty.

Clean Water Act (CWA) of 2004

General Application - Water Quality Management in all water bodies Primary Application - abatement & control of pollution from land based sources Enforcement of WQ standards, regulations and penalties irrespective of source of pollution

DENR Administrative Order No. 2005-10 is set as the Implementing Rules and Regulation of this ACT

Discharge Permit

The legal authorization to discharge wastewater.

For industries without any discharge permit is given a period of twelve (12) months after the effectivity of the IRR, DAO 2005-10 dated May 16, 2005, to secure a discharge permit.
Pollution sources currently discharging to existing sewerage system with operational wastewater treatment facilities shall be exempt from the permit requirement. 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. The self-monitoring report shall be submitted to the Regional Offices within fifteen (15) calendar days after the end of each quarter.

Fines, Damages and Penalties

A fine of not less than P 10,000 not more than P 200,000 for every day of violation Gross Violation has a fine of not less than P 500,000 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.

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. Generally, it aims to merge environmental protection with economic pursuits, recognizing the re-orientation of the communitys view on solid waste, thereby providing schemes for waste minimization, volume reduction, resource recovery utilization and disposal.
The DENR Administrative Order No-2001-34 issued on December 21, 2001 is set as the Implementing Rules and Regulations for R.A. 9003.

Institutional Mechanism
National Solid Waste Management Commission
Local Government 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

SWM Hierarchy

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

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

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. Minimum requirements in siting, designing and operation of disposal sites Sec. 48 (3) Open burning is not allowed

Fines and Penalties

Depending on the Prohibited Acts that is committed penalty ranges from P300.00 to P1,000,000.00 and/or imprisonment of 1 day to 6 years. If the offense is committed by a corporation, partnership, or other juridical entity the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

Conceptual Framework of RA 9003

Municipal/ City Level

Residuals Management

Barangay Level
Compostable wastes Recyclable Wastes NonRecyclabes

Collection by municipality/ city MRF

Special Wastes

Drop off Center recycling P C M

sorting

composting

Gardens/ farms

junkyards/ stores / factories

Business and Industry Role

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

Toxic Substances & Hazardous and Nuclear Waste

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

POLICY

Regulate, limit, and prohibit importation, manufacture, processing, sale, distribution, and use, 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

Coverage of RA 6969

Chemical Management (Title II) virgin materials

Hazardous Waste

Management (Title III) waste materials

PROVISIONS OF TITLE II (TOXIC CHEMICAL SUBSTANCES)

Compile, maintain and update and inventory of chemical substances that are stored, imported, exported, used, processed, manufacture , transported in the country. The inventory is known as the Philippine inventory of chemicals and chemical substances (PICCS). Require manufacturers and importers to submit pertinent data and information on the existing chemical substances that they manufacture or import. Establish the Philippine Priority Chemicals list( PCL). 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). Regulate, limit, gradually phase-out, and ban those chemical substances that are determined to pose unreasonable risk to public health and environment through the issuance of CCOs.

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

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.

CHEMICAL CONTROL ORDERS (CCO)

CCOs are DENR orders that: Prohibit Limit Regulate

the use, manufacture, import, export, transport, process, storage, possession, sale of those priority chemicals that DENR determines pose hazard to public health and environment. DENR establishes and publishes the specific criteria and reporting requirements for CCOs

Chemical Control Order (CCOs)

DAO 97-38: CCO for Mercury and its compounds ban, regulated and /or limited use DAO 97-39: CCO for Cyanide and its compounds ban, regulated and/or limited use DAO 2000-02: CCO for asbestos 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

POLICY ON HAZARDOUS WASTE

Prohibit the entry, even in the transit, or hazardous wastes and their disposal into the Philippines territorial limits.
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, treatment, and disposal of hazardous wastes they generate.

KEY ACTORS

Waste Generators: a person who generates or produces, through any commercial, industrial or trade activities, hazardous wastes.
Waste Transporters: a person who is licensed to transport hazardous wastes.

Waste Treater: a person who is licensed to treat, store, recycle, or dispose of hazardous wastes.

Updates on HazWaste

DAO 2004-36 Procedural Manual Title 3 of DAO 92/29

Schedule of Fees (Title II)

PMPIN (abbreviated form): P2,150.00/chemical PMPIN (detailed form): P3,750.00/chemical Registration for chemicals under CCO: P2,250.00/chemical Renewal of registration for chemicals under CCO: P1,450.00/chemical Importation clearance for chemicals under CCO: P 700.00/chemical Certification of chemicals in the PICCS: P 450.00/chemical Certification for PCL biennial report: P 500.00/chemical Letter of intent for small quantity importation: P 500.00/chemical Interim importation clearance for other chemicals: P 500.00/chemical

Schedule of Fees (Title III)

Registration of hazardous waste generators: PhP 600.00 Annual Registration of Transporters: PhP 500.00/vehicle Issuance of Manifest Form: P100.00/manifest and P 500.00/hazardous Application fee for Notification of the Export of Hazardous Wastes: P 500.00/notification Registration Fee: P 15,000.00/facility TSD Facility Permit: P 5,000.00/facility Issuance of an Export or Importation Clearance: P2,000/clearance Registration of Importer of HW: P 5,000.00

PENALTIES

Administrative violations of Section 41 of IRR, and fees

10,000 to P50,000

Criminal offenses of Section 42 (1) of IRR, and penalties

P600 to P4,000, and 6 month to 6 years imprisonment

Criminal offenses of Section 13 (d) of RA 6969 Act, and penalties

12 to 20 years imprisonment (persons) 12 to 20 years imprisonment and at least P500,000 (corporate)

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

Thank You!