Environmental Regulations Four Laws of Ecology

1. Everything is interconnected 2. Everything has to go somewhere 3. Nothing is free 4. Nature has the last say Fundamental Policies Ignorantia juris non excusat Ignorantia legis neminem excusat Protection of human health and the environment Hierarchy of Laws and Regulations Republic Act Presidential Decree Executive Order Administrative Order Proclamation Memorandum Order Implementing Rules and Regulations Ordinance Hierarchy of Laws and Regulations Republic Act Law passed by Congress (bicameral legislative branch)

Presidential Decree Legislation made during Martial Law years Valid unless otherwise amended or repealed by a subsequent law passed by an act of Congress

Hierarchy of Laws and Regulations Executive Order Presidential act providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers

Administrative Order Act of Cabinet Secretary which relates to particular aspects of government operations pursuant to duties as administrative head of government

Hierarchy of Laws and Regulations Proclamation Act of the President fixing a date or declaring a status or condition of public moment or interest

Memorandum Order Presidential act on matters of administrative details which only concern a particular office or an office of government

Hierarchy of Laws and Regulations Implementing Rules and Regulations Generic term referring to detailed legal procedures and processes designed to implement a law Usually done by way of a Department Administrative Order (DAO) issued by the Department mandated to implement the law

Ordinance Local law passed by local legislative body and approved by chief executive officer

Relevant Provisions of 1987 Constitution

Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order conserve and develop our patrimonydo ordain and promulgate this Constitution Relevant Provisions of 1987 Constitution

National Territory, Article 1 The national territory comprises the Philippine archipelago, will all the islandsThe waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Relevant Provisions of 1987 Constitution

Declaration of Principles and State Policies, Article II Sec. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Relevant Provisions of 1987 Constitution

Declaration of Principles and State Policies, Article II Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with rhythm and harmony of nature. Relevant Provisions of 1987 Constitution

Bill of Rights, Article III Sec. 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Relevant Provisions of 1987 Constitution

Bill of Rights, Article III Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Relevant Provisions of 1987 Constitution

National Economy and Patrimony, Article XII 1. Efficient use of resources 2. State ownership of natural resources 3. Lands of public domain and classification 4. Limits of forest lands and national parks 5. Indigenous cultural communities

6. Social function of property Relevant Provisions of 1987 Constitution

Social Justice and Human Rights, Article XIII 1. Ecological considerations in agrarian reform 2. Preferential use of marine resources for subsistence fishermen 3. Health care and regulation 4. Rights of women 5. Role and rights of peoples organizations Relevant Provisions of 1987 Constitution

Local Autonomy, Article X Sec. 25. The State shall ensure the autonomy of local governments General Environmental Laws PD 1151, Environmental Policy PD 1152, Environment Code RA 8749, Clean Air Act RA 9275, Clean Water Act RA, 8550, Fisheries Code RA 9147, Conservation and Protection of Wildlife General Environmental Laws RA 7638, Creation of DOE RA 7942, Philippine Mining Act RA 9003, Ecological Solid Waste Management Act RA 7160, Local Government Code PD 1586, Establishing an EIS System Proclamation No. 2146, Environmentally Critical Areas and Projects

General Environmental Laws PD 984, Pollution Control Law RA 6969, Toxic Substances and Hazardous and Nuclear Wastes Act EO 192, Reorganization of DENR RA 386, Civil Code Civil Code Law that governs the civil relations between members of human society, especially where private rights and interests are affected Supplemental and complementary to general environmental laws Passed in 1949, continues to be in full force and effect Civil Code Human relations Nuisance Damages Legal easements Land RA 7586, National Integrated Protected Areas System RA 7611, Strategic Environmental Plan for Palawan PD 705, Revised Forestry Code RA 9147, Conservation and Protection of Wildlife Resources RA 6147, Protection of the Philippine Eagle Land Act 3983, Protection of Wild Flowers Act 3572, Protection of Special Trees EO 247, Guidelines for the Prospecting of Biological and Genetic Resources

PD 953, Requiring the Planting of Trees in Certain Places Land RA 8435, Agriculture and Fisheries Modernization RA 7900, High-Valued Crops PD 1144, Act Creating the Fertilizer and Pesticide Authority RA 8048, Regulating the Cutting of Coconut Trees RA 8485, Promoting Animal Welfare EO 626, Regulating the Slaughter of Carabaos Land PD 1433, Plant Quarantine Law Commonwealth Act 141, Public Land Act PD 1529, Property Registration Law RA 6657, Comprehensive Agrarian Reform Law EO 263, Adopting Community-Based Forest Management Land PD 1899, Small-Scale Mining RA 7076, Creating a Peoples Small-Scale Mining Program RA 7942, Philippine Mining Act RA 7638, Department of Energy Act PD 1068, Development of Non-Conventional Energy PD 1442, Geothermal Resources Land EO 223, Jurisdiction Over Watershed Areas with Geothermal Reservations PD 87, Indigenous Petroleum Development PD 972, Coal Development Act

RA 1815, Philippine Nuclear Energy Act RA 5207, Atomic Energy and Regulatory Liability Act RA 8479, Deregulating the Downstream Oil Industry RA 7832, Pilferage of Electricity Air RA 8749, Philippine Clean Air Act PD 96, Unauthorized Use of Sirens PD 78, Atmospheric, Geophysical and Astronomical Science Act Waters The sea Protected species Marine pollution Freshwater Waterways Other water laws The Sea RA 3046, Baselines of the Philippine Islands PD 1599, Exclusive Economic Zone RA 8550, Philippine Fisheries Code Protected Species MNR AO 12, Conservation of Marine Turtles FAO 185, Protection of Dolphins FAO 193, Protection of Whale Sharks and Manta Rays DENR AO 55-91, Sea Cow (Dugong) BP 265, Seashore and Beach Protection

Marine Pollution PD 979, Marine Pollution Decree PD 601, Revised Coast Guard Law RA 6975, DILG Act (PNP Maritime Group) PD 474, Maritime Industry Decree Freshwaters PD 1067, Water Code of the Philippines RA 386, Civil Code (Provisions on Waters) Spanish Law on Waters of 1866 RA 4850, Creating the LLDA EO 927, Additional Powers of LLDA DENR AO 34-90, Water Classification DENR AO 35-90, Effluent Regulations PD 198, Provincial Water Utilities Act RA 6234, Metropolitan Waterworks and Sewerage System Waterways RA 2056, Demolition of Structures in Navigable Waterways PD 296, Directing Persons to Renounce Possession of Riverbanks Commonwealth Act 383, Dumping Wastes that Cause Rising of Riverbeds Other Water Laws RA 8041, National Water Crisis Act RA 6716, Rainwater Collection and Spring Protection RA 6978, Irrigation Human Habitat Sanitation

Land Use Cultural Heritage Sanitation RA 9003, Ecological Solid Waste Management Act PD 825, Improper Garbage Disposal PD 856, Sanitation Code PD 1152, Environment Code Title 5, Waste Management Chapter I, Enforcement and Guidelines Chapter II, Methods of Solid Waste Disposal Chapter III, Methods of Liquid Waste Disposal

Land Use PD 1152, Environment Code (Title 3, Land Use Management) RA 7279, Urban Development and Housing Act RA 3571, Prohibiting Tree Cutting in Certain Places EO 648, Housing and Land Use Regulatory Board EO 71, Delegated Powers to LGUs BP 220, Standards for Socialized Housing Projects PD 1096, Building Code Cultural Heritage Philippine Constitution, Article XIV RA 4846, Cultural Properties Preservation and Protection Act RA 8492, National Museum Act RA 4368, PD 1109, Archeological Reservations in Cagayan Valley and KalingaApayao RA 7356, National Commission on Culture and the Arts

Cultural Heritage PD 260, Sites and Shrines RA 4368, National Historical Commission RA 386, Civil Code (Hidden Treasures) RA 8371, Indigenous Peoples Rights Act CAC vs. MBI Command and control Market based instruments Environmental users fee Deposit refund Fiscal incentives Green procurement Eco-labeling

Environmental Standards Standards as a level or grade of attainment, etc. regarded as a goal or measure of adequacy; it is something established for use as a rule or basis of comparison in measuring or judging capacity, value, quantity, content, extent, etc. Environmental Standards Government set standards of various types to bring about improvements in environmental quality An environmental standard is a mandated level of performance that is legally enforced Effluent standard is a maximum level of wastewater discharge that is legally allowed Environmental Standards Ambient Emission/effluent

Technology Environmental Standards (Ambient) National goals pertaining to quality of surrounding environment Limit or level of some pollutants in ambient environment that must not be exceeded Cannot be directly enforced Environmental Standards (Emission/Effluent) Emission air or gas discharged to the atmosphere Effluent wastewater discharged to the receiving bodies of water Performance standards referring to end results that must be achieved by regulated pollution sources Environmental Standards (Technology) Do not specify end results Technologies, techniques/practices or product standards Also referred to as design or engineering standards Regulatory Agencies Department of Environment and Natural Resources (DENR) Environmental Management Bureau (EMB) Pollution Adjudication Board (PAB) Laguna Lake Development Authority (LLDA) DENR Primary government agency responsible for conservation, management, development and proper use of the countrys environment and natural resources Covers forest and grazing lands, mineral resources, land of public domain, licensing and regulation of all natural resources EMB

Advices DENR Secretary on matters relating to environmental management, conservation and pollution control Conducts environmental policy studies and takes lead in standards setting PAB Conduct of public hearing on pollution control law violations and issuance of cease and desist orders to companies discharging sewage and wastes that are of immediate threat to life, public health, safety or welfare, or to animal and plant life, or exceeding allowable standards set by DENR EMB serves as secretariat of PAB LLDA Mandated to pass upon and approve or disapprove plans, programs and projects proposed by LGUs and agencies within the Laguna de Bay region, public corporations and private persons or enterprises where such plans, programs and projects are related to the development of the region Other Regulatory Agencies Other Regulatory Agencies Other Regulatory Agencies Environmental Impact Assessment PD 1586: Establishing an Environmental Impact Statement System All agencies . . . of the national government, . . . private corporations, firms, entities, for every proposed project and undertaking which significantly affects the quality of the environment

Environmental Impact Assessment Process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment Includes designing appropriate preventive, mitigating and enhancement measures addressing consequences to protect environment and communitys welfare Covered Projects of Philippine EIA System Environmentally critical projects (ECP)

Projects in environmentally critical areas (ECA)

Proclamation No. 2146 (1981) Proclamation No. 803 (1996) For more details RA 8749 Clean Air Act National ambient air quality guidelines for criteria pollutants National ambient air quality standards for source specific air pollutants from industrial sources/operations National emissions standards for source specific air pollutants Emission limits for mobile sources Water PD 1067: Water Code of the Philippines of 1976 RA 9275: Philippine Clean Water Act DAO 2005-10: IRR of Philippine CWA DAO 1990-34: Revised Water Usage and Classification Water Quality Criteria PD 856: Code on Sanitation of the Philippines Spanish Law of Waters of 1866

When an industrial establishment was found after due investigation, to have contaminated the waters with substances or properties noxious to the public health, the Governor-General could suspend its operations until the owner adopted a suitable remedy PD 1067 All waters belong to the State The State may allow the use or development of waters by administrative concession The utilization, exploitation, development, conservation, and protection of water resources shall be subject to the control and regulation of the government through the NWRB

Preferences in the use and development of waters shall consider current usages and be responsive to the changing needs of the country PD 1067 Except as otherwise herein provided, no person, including government instrumentalities or GOCCs, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit Water right is the privilege granted by the government to appropriate and use water PD 1067 Works for the storage, diversion, distribution, and utilization of water resources shall contain adequate provision for the prevention and control of diseases that may be induced or spread by such works when required by the NWRB PD 1067 A fine of not exceeding PhP 3,000 or imprisonment for not more than 3 years, or both . . . any person who commits . . . appropriation of water without any water permit unless such person is expressly exempted from securing a permit PD 1067 A fine exceeding PhP 3,000 but not more than PhP 6,000 or imprisonment exceeding 3 years but not more than 6 years, or both . . . imposed on any person who commits . . . distribution for public consumption of water which adversely affects the health and safety of the public Inland Surface Waters, DAO 1990-34 Coastal and Marine Waters, DAO 1990-34 DAO 97-23 (July 24, 1997) Tourist zones and marine reserves are classified as Class SB Standard for fecal coliform in Class SB coastal and marine waters is set at 200 MPN per 100 mL Effluent Standards DAO 90-35: Revised Effluent Regulations of 1990, Revising and Amending the Effluent Regulations of 1982 Clean Water Act

General Effluent Standards Industry Specific Effluent Standards

Clean Water Act The Department, in coordination with NWRB, shall designate certain areas as water quality management areas . . . Said management area shall be governed by a governing board . . . The governing board shall formulate/strategies to coordinate policies necessary for the effective implementation of this Act . . . Clean Water Act Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water Clean Water Act Effluent means discharges from known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities Clean Water Act The Department shall require owners or operators of facilities that discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal authorization granted by the Department to discharge wastewater. Provided, that the discharge permit shall specify among others, the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body, compliance schedule and monitoring requirement Water Pollution Permits and Charges Wastewater Discharge Fee

WDF = Ln x R Where: R = rate per kilogram (PhP/kg), initially fixed at P5/kg for priority pollutant parameter Ln = net waste load (kg/year) Ln = [(Cf Ca)(Qf x Nf)] x 0.001

Water Pollution Permits and Charges

Ln = [(Cf Ca)(Qf x Nf)] x 0.001 Cf = average daily effluent concentration limit (mg/L) for priority pollutant Ca = average water quality concentration limit for priority pollutant parameter of abstracted or intake water Qf = average daily volumetric flowrate measurement of final discharge effluent (m3/day) Nf = total number of discharge days in a year (days/year) Exercise 2

An industrial facility discharges an average of 15,000 liters of wastewater per day into a Class C river. The average BOD of the wastewater is 35 ppm. The facility discharges wastewater to the river a total of 300 days in a year. How much wastewater discharge fee should the company pay? Permit Fee PD 856 Chapter II: Water Supply Prescribed standards and procedures Types of water examination required Examining laboratories and submission of water samples Other protective measures

DOH Administrative Order 07-12 Philippine National Standards for Drinking Water 2007 New information on chemicals Proliferation of water refilling stations Detection of naturally occurring hazardous substances in groundwater Need for different approaches in supporting safe management of water supply systems

RA 6969

It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present reasonable risk and/or injury to health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into Philippine territorial limits for whatsoever purpose; and to provide advancement and facilitate research and studies on toxic chemicals and hazardous and nuclear wastes Title II. Toxic Chemical Substances Philippine Inventory of Chemicals and Chemical Substance Pre-Manufacturing and Pre-Importation Notification Priority Chemical List Chemical Control Order Ozone-depleting substances Mercury Cyanide Asbestos Polychlorinated biphenyl

Title III. Hazardous and Nuclear Wastes Proper management of hazardous wastes, in order of preference Minimization of the generation Recycling and re-use Treatment to render it harmless Landfill of inert residues

Chemical Exposure

- occurs when a living organism comes in contact with a chemical Risks and Exposure At the point of generation Along the chain

Human health Wider environment

Those exposed to the risks include: MANUFACTURING WORKERS WASTE HANDLERS GENERAL PUBLIC

Mobility of Toxic Components of Hazardous Waste Routes of Chemical Exposure RA 9003 . . . segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources RA 9003 Waste segregation at source Collection, transport and handling Transfer stations Materials recovery facility Composting facilities Recycling program Dumpsites Sanitary landfills RA 9003 Separate container for each type of waste from all sources Properly marked for on-site collection as compostable, recyclable or special waste Other SWM Regulations

PD 856 (Sanitation Code) Commonwealth Act No. 383 RA 6969 RA 7160 (Local Government Code) RA 7942 (Mining Act) PD 600 (Prevention and Control of Marine Pollution) PD 1151 (Philippine Environmental Policy) PD 1152 (Philippine Environmental Code) MC 03-94 (PCG) Local ordinances PD 856 Prescribes standards for sewage collection and refuse and excreta disposal Assigns LGUs the responsibilities to provide for efficient and proper disposal of solid and liquid wastes (including dead persons) Handle nuisance and offensive trades and occupations Commonwealth Act No. 383 Prohibits the dumping into the rivers refuse or substances of any kind that may bring about the rise or filling of riverbeds RA 7160 Devolves responsibility for the formulation and implementation of solid waste disposal system to LGUs This responsibility is part of the basic services that LGUs provide RA 7942 All contractors and permittees shall technically and biologically rehabilitate the excavated mined-out and disturbed areas to the condition of environmental safety PD 600

Prevents and controls the dumping of solid wastes and other matter into the seas PD 1151 Provides for environmental protection by requiring project proponents to prepare an EIS which includes mitigating measures for the pollutants PD 1152 Provides a Waste Management Program for the proper disposal of solid wastes Mandates LGUs to coordinate with the national government authorities to regulate the installation and establishment of incineration or composting plants, or the alteration or modification of any part thereof MC No. 03-94 In accordance with the International Convention for Prevention of Pollution from Ships (1973 and 1978), prohibits the dumping into the sea of wastes or other matter from vessel, aircraft, platforms or other man-made structure at sea Sanitary Landfill Wastes are placed in a specially designed pit Wastes are thinly spread within the area and compacted Wastes are earth-covered daily or more often as the need may arise Earth cover is compacted and/or rolled with a roller Avoiding Pollution/Groundwater Contamination Leachate collection Monitoring wells Run-off canals Degassing Earthfill Fence Pest and odor control

DAO 91-26: PCO

Industrial, commercial and manufacturing establishments and private entities, whose activities are potential and actual sources of water, air and land pollution, shall each appoint and/or designate a PCO Likewise, all provincial, municipal and city governments shall each appoint/designate Basic Qualifications Must be a Filipino citizen, of good moral character, mentally and physically healthy, of legal age and must have a professional qualification corresponding to the type of treatment system being handled as described in Section 4.b Water pollution control system For the operation of WTP treating highly concentrated or toxic or voluminous wastewater and requiring the supervision or management of highly technical person, the officer must preferably be a registered chemical, mechanical, mining or sanitary engineer or any registered engineer with masters degree in environmental engineering or related field Air pollution control system For the operation of air pollution facilities consisting of complex devices to control air pollutants from toxic, hazardous and/or highly pollutive plants, the officer must preferably be a registered chemical or mechanical engineer Treatment systems for toxic and hazardous wastes For the operation of treatment systems for toxic and hazardous solid waste, the officer must preferably be a registered chemical engineer or chemist Small or simple works For the operation of small or simple works, facilities or mechanical control devices such as septic tanks, or simple works to treat domestic sewage (for water pollution control), expansion chambers, impingement tanks, etc. (for air pollution control), or facilities for non-toxic solid waste, the officer could be any knowledgeable technical person with basic training in pollution control DAO 2003-26: Industrial Ecowatch System Promote mandatory self-monitoring and compliance with environmental standards and to encourage voluntary self-regulation among establishments for improved environmental performance

Build or enhance capability of establishments and/or their associations on selfregulation Article 162 of PD 442 Occupational health and safety Rule 1000 General provisions Rule 1060 Premises of establishment Rule 1070 Occupational health and environmental control Rule 1080 Personal protective equipment and devices Rule 1090 Hazardous materials DOH Administrative Order No. 3, series of 1991 Rule 2 sanitary requirements for operating an industrial establishment Rule 3 responsibilities of employer, employees and health and safety committee Rule 4 environmental requirements which include control of physical, chemical, biological hazards and ergonomics for protection of workers Rule 5 use of personal protective equipment OHS Standards Threshold limit values Permissible noise levels Illumination levels General ventilation Air supply Air movement Temperature and humidity

PD 856 Section 48.d Noise Control measures shall be provided to reduce intensity of noise sufficiently to render it harmless to workers and to eliminate it at its

source as a nuisance by following the recommendations of the local health or other government authority Permissible Noise Exposure PNS ISO 14001:2004 Environmental policy Includes a commitment to comply with applicable legal requirements and with other requirements to which the organization subscribes which relate to its environmental aspects Legal and other requirements

The organization shall establish, implement and maintain a procedure(s) a) to identify and have access to the applicable legal requirements and other requirements to which the organization subscribes related to its environmental aspects, and b) to determine how these requirements apply to its environmental aspects National Building Code and its IRR (Chapter 3: Permits and Inspection) Section 301. Building Permits

No person, firm or corporation, . . . shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit thereof from the Building Official assigned in the place where the subject building is located or the building work is to be done National Building Code and its IRR (Chapter 9: Sanitation) Section 903. Wastewater Disposal System Sanitary sewage from buildings . . . shall be discharged directly into the nearest street sanitary sewer main . . . in accordance with the criteria set by the Code on Sanitation and the NPCC (now EMB) . . . where there are no available sanitary sewerage system shall dispose their sewage to Imhoff or septic tank and subsurface absorption field . . . plumbing installations inside buildings and premises shall conform to the provisions of the National Plumbing Code

National Building Code and its IRR (Chapter 9: Sanitation) Section 904. Storm Drainage System

Rainwater drainage shall not discharge to the sanitary sewer system Adequate provisions shall be made to drain low areas in buildings and their premises

National Building Code and its IRR (Chapter 9: Sanitation) Section 905. Pest and Vermin Control All buildings with hollow and/or wood construction shall be provided with rat proofing Garbage bins and receptacles shall be provided with ready means for cleaning and with positive protection against entry of pests and vermin

Section 906. Noise Pollution Control . . . provided with positive noise abatement devices to tone down the noise level of equipment and machineries to acceptable limits set . . .

PD 856 PD 856 International Law Montreal Protocol UN Framework Convention on Climate Change Kyoto Protocol Stockholm Convention Basel Convention Relevant Sites www.emb.gov.ph www.denr.gov.ph www.doh.gov.ph www.dole.gov.ph www.oposa.com/book ipct.dost.gov.ph