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fishery water Class I (spawning areas for Chanos chanos or Bangus [milkfish] and
similar species);
(iii) SC - recreational water Class II (e.g. boating, etc), fishery water Class II
(commercial and sustenance fishing), and marshy and/or mangrove areas declared
as fish and wildlife sanctuaries; and (iv) SD - industrial and water supply Class II
(e.g., cooling, etc.) and other coastal and marine waters that, by their quality,
belong to this classification.
3. DENR DAO No. 35, Series of 1990, the Revised Effluent Regulations
of 1990 (DAO No. 35), on the other hand, sets the effluent standards and
requires all industries to regularly monitor their effluents and their effect on
the receiving body of water. Likewise, it requires all industries to put up
control facilities or wastewater treatment systems.
DAO No. 35 bans new industrial plants with high waste load potential from
discharging into a body of water where the dilution or assimilative capacity of
said water body during dry weather condition is insufficient to maintain its
prescribed water quality according to its usage and classification. It penalises
the discharge of untreated or inadequately treated industrial effluents,
whether wholly or partially, directly into bodies of water or through the use of
by-pass canals and/or pumps and other unauthorised means. It also makes it
illegal to build, erect, install, or use any equipment, contrivance, or any
means the use of which will dilute or conceal an effluent discharge. It requires
the DENR and the Laguna Lake Development Authority (LLDA) to issue
guidelines providing for the maximum quantity of any pollutant or
contaminant that may be allowed to be discharged into surface water,
including the maximum rate at which the contaminant may be discharged.
4. RA No. 7160 (October 10, 1991), Local Government Code of 1991 (LGC),
Section 17 b 2 [vi], requires municipalities to provide a solid waste disposal system
or establish an environmental management system and services or facilities related
to general hygiene and sanitation for their constituents.
5. PD No. 856 (December 23, 1975), the Sanitation Code, provides for the
proper disposal of refuse and wastes, the sanitary requirements for operating
industrial establishments and hospitals, and the minimum requirements for the
construction of septic tanks, among others.
Specifically, PD No. 856 prohibits the construction of septic tanks within 25 meters
from any source of water. It also forbids the throwing of refuse in any body of water.
All cities and municipalities are required to provide and maintain in a sanitary state
and in good repair a satisfactory system of drainage in all inhabited areas where
wastewater from buildings and premises could empty. Likewise, it mandates cities
and municipalities to provide an adequate and efficient system of collecting,
transporting and disposing refuse in their areas of jurisdiction.
5. Republic Act No. 6969 (October 26, 1990), the Toxic Substance,
Hazardous and Nuclear Waste Control Act, requires the inventory of
chemicals that are presently being imported, manufactured or used. It
orders the monitoring and regulation of the importation, manufacture,
processing, handling, storage, transportation, sale, distribution, use and
disposal of chemical substances and mixtures that present unreasonable
risk or injury to health or to the environment. Lastly, it prohibits the entry,
even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever purpose.
RA No. 6969 to some degree implements the Basel Convention. The
implementing rules and regulations (IRR) of RA No. 6969 are found in DAO No.
29, Series of 1992 (DAO No. 29). Under RA No. 6969 and DAO No. 29 it is a
criminal offence to cause, aid or facilitate, directly or indirectly, in the
storage, importation or bringing into Philippine territory including its maritime
economic zones, even in transit, either by means of land, air or sea
transportation any amount of hazardous and nuclear waste. The law and its
IRR prohibit the transport of hazardous waste without prior permit from the
DENR.
They define a waste transporter as a person licensed to transport
hazardous wastes. A waste transporter is required to keep a waste transport
record containing particulars in respect of waste treatment and disposal. Any
importer of hazardous substances must first seek and obtain prior written
approval from the DENR. DAO No. 29 likewise gives the DENR Secretary or his
duly authorised representative the authority to stop, detain, inspect,
examine, and remove to some suitable place for inspection and examination
any vehicle or boat that is believed to be or likely to be used for the transport
of chemical substances and hazardous and nuclear wastes.
7. RA No. 7942 (February 20, 1995) the Mining Act of 1995, requires all
mining contractors and permittees to strictly comply with all mines safety rules and
regulations to achieve waste-free and efficient mine development. RA No. 7942
requires all contractors to establish an Environmental Protection and Enhancement
Program (EPEP), a comprehensive and strategic environmental management plan
for the life-of-the-mine project. This program includes plans relative to mining
operations, rehabilitation, regeneration, re-vegetation, and reforestation of mined
out and tailings-covered areas, aquaculture, watershed development, and water
conservation. It requires contractors to secure an Environmental Compliance
Certificate (ECC) before operations can be permitted.
result of mining operations. Furthermore, it orders the contractor to comply with all
environmental laws, especially with respect to water quality, watercourse diversion,
excess siltation, and undue interference with existing agricultural fishing or other
land and water usage. If a small-scale mining area operation causes significant
destruction to the environment, such area may be reverted to the State for proper
disposition by the Secretary of Environment and Natural Resources.
9. PD No. 705 (May 19, 1975), the Revised Forestry Code of the
Philippines, provides that mine tailings and other pollutants affecting the health
and safety of the people, water, fish, vegetation, animal life, and other surface
resources, shall be filtered in silt traps or other filtration devices and only clean
exhausts and liquids shall be released therefrom.
Run-off
10. PD No. 1144 (May 30, 1977), Creating the Fertiliser and Pesticide
Authority (FPA), gave the FPA the power to restrict or ban the use of any pesticide
or the formulation of certain pesticides in specific areas or during certain periods
upon evidence that the pesticide is an imminent hazard, or is causing widespread
serious damage to crops, fish or livestock, or to public health and environment. The
FPA has the power to inspect the establishment and premises of pesticide handlers
to ensure that industrial health and safety rules and anti-pollution regulations are
followed. Moreover, the FPA can enter and inspect farmers fields to ensure that only
the recommended pesticides are used in specific crops in accordance with good
agricultural practice.
PD No. 1144 likewise provides for the registration and licensing of pesticides,
fertilisers, or other agricultural chemical with the FPA before the same can be
exported, imported, manufactured, formulated, stored, distributed, sold or offered
for sale, transported, delivered for transportation or used. A license is also required
before any person can engage in the business of exporting, importing,
manufacturing, formulating, distributing, supplying, repacking, storing,
commercially applying, selling, or marketing of any pesticides, fertiliser and other
agricultural chemicals.
11. FPA Rules and Regulations No. 1, Series of 1977, Governing the
Importation, Manufacture, Formulation, Repacking, Distribution, Delivery,
Sale, Storage, and Use of Pesticides, prohibit and penalise the deliberate
application of any pesticide in such a way as to endanger or seriously damage the
health, welfare, or property of any person or pollute or cause pollution of public
waters. Likewise, these rules and regulations give the FPA or the Secretary of
Agriculture the authority to summarily impound, remove, stop from being sold or
used and seize any pesticide prohibited under these rules to prevent or control
serious injury or damage to plant or animal life, public health and the environment.
However, PD No. 1144 and FPA Rules and Regulations No. 1 do not contain any
provision as regards disposal of fertilisers and pesticides.
MC 03-94 sets several requirements for: vessels, oil companies, oil explorers,
power plants/barges and tanker owners. These substantially follow the
requirements of MARPOL. There is a third category of requirements for
Others, which are the landbased sources of waste.
REFERENCES:
Assessment of National Marine Pollution Legislation in East Asia
(December 1997). GEF/UNDP/IMO Regional Programme for the Prevention
and Management of Marine Pollution in East Asia. Retrieved July 22, 2015
from http://www.pemsea.org/sites/default/files/mppeas-info-1999-201.pdf
Pimentel vs Executive Secretary. Retrieved July 22, 2015 from
http://www.lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html