MALACAANG

Manila
PRESIDENTIAL DECREE No. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES
WHEREAS, the pursuit of a comprehensive and integrated environment protection program necessitates the
establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be
reconciled with the requirements of environmental quality;
WHEREAS, the regulatory requirements of environmental Impact Statements and Assessments instituted in pursuit
of this national environmental protection program have to be worked into their full regulatory and procedural details
in a manner consistent with the goals of the program.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution do hereby order and declare:
Section 1. Policy. It is hereby declared the policy of the State to attain and maintain a rational and orderly balance
between socio-economic growth and environmental protection.
Section 2. Environmental Impact Statement System. There is hereby established an Environmental Impact
Statement System founded and based on the environmental impact statement required, under Section 4 of
Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including
government-owned or controlled corporations, as well as private corporations, firms and entities, for every
proposed project and undertaking which significantly affect the quality of the environment.
Section 3. Determination of Lead Agency. The Minister of Human Settlements or his designated representative is
hereby authorized to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151 which shall
have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared
environmentally critical projects and areas. All Environmental Impact Statements shall be submitted to the National
Environmental Protection Council for review and evaluation.
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines
may, on his own initiative or upon recommendation of the National Environmental Protection Council, by
proclamation declare certain projects, undertakings or areas in the country as environmentally critical. No person,
partnership or corporation shall undertake or operate any such declared environmentally critical project or area
without first securing an Environmental Compliance Certificate issued by the President or his duly authorized
representative. For the proper management of said critical project or area, the President may by his proclamation
reorganize such government offices, agencies, institutions, corporations or instrumentalities including the realignment of government personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare the proper land or water use
pattern for said critical project(s) or area (s); (b) establish ambient environmental quality standards; (c) develop a
program of environmental enhancement or protective measures against calamituous factors such as earthquake,
floods, water erosion and others, and (d) perform such other functions as may be directed by the President from
time to time.
Section 5. Environmentally Non-Critical Projects. All other projects, undertakings and areas not declared by the
President as environmentally critical shall be considered as non-critical and shall not be required to submit an
environmental impact statement. The National Environmental Protection Council, thru the Ministry of Human
Settlements may however require non-critical projects and undertakings to provide additional environmental
safeguards as it may deem necessary.
Section 6. Secretariat. The National Environmental Protection Council is hereby authorized to constitute the
necessary secretariat which will administer the Environmental Impact Statement System and undertake the
processing and evaluation of environmental impact statements.
Section 7. Management and Financial Assistance. The Ministry of Human Settlements is hereby authorized to
provide management and financial support to government offices and instrumentalities placed under its supervision
pursuant to this Decree financed from its existing appropriation or from budgetary augmentation as the Minister of
Human Settlements may deem necessary.
Section 8. Rules and Regulations. The National Environmental Protection Council shall issue the necessary rules
and regulations to implement this Decree. For this purpose, the National Pollution Control Commission may be
availed of as one of its implementing arms, consistent with the powers and responsibilities of the National Pollution
Control Commission as provided in P.D. No. 984.
Section 9. Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or
the terms and conditions in the issuance of the Environmental Compliance Certificate, or of the standards, rules and
regulations issued by the National Environmental Protection Council pursuant to this Decree shall be punished by
the suspension or cancellation of his/its certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council.
Section 10. Environmental Revolving Fund. Proceeds from the penalties prescribed in the preceding Section 9 and
other penalties imposed by the National Pollution Control Commission as authorized in P.D. 984, shall be
automatically appropriated into an Environment Revolving Fund hereby created as an exemption to P.D. 711 and
P.D. 1234. The fund shall be used exclusively for the operation of the National Environmental Protection Council and
the National Pollution Control Commission in the implementation of this Decree. The rules and regulations for the
utilization of this fund shall be formulated by the Ministry of Human Settlements and submitted to the President for
approval.
Section 11. Repealing Clause. The Inter-Agency Advisory Council of the National Pollution Control Commission
created under Section 4 of P.D. 984 is hereby abolished and its powers and responsibilities are forthwith delegated
and transferred to the Control of the National Environmental Protection Council.

All other laws, decrees, executive orders, rules and regulations inconsistent herewith are hereby repealed, amended
or modified accordingly.
Section 12. Effectivity Clause. This Decree shall take effect immediately.
DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
REPUBLIC ACT
No. 6969
Subject: AN ACT TO CONTROL TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR WASTES, PROVIDING
PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known as the "Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990."
Section 2. Declaration of Policy. - 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 unreasonable 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 the Philippine territorial limits for whatever purpose; and to provide advancement
and facilitate research and studies on toxic chemicals.
Section 3. Scope. - This Act shall cover the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all unregulated chemical
substances and mixtures in the Philippines, including the entry even in transit, as well as the
keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever
purposes.
Section 4. Objectives. - The Objectives ofthis Act are:
a) To keep an inventory of chemicals that are presently being imported, manufactured,
or used; indicating, among others, their existing and possible uses, test data, names
of firms manufacturing or using them, and such other information as may be
considered relevant to the protection of health and the environment;
b) To monitor and regulate 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 in
accordance with national policies and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to the
manufacture, handling, storage, transportation, processing, distribution, use and
disposal of toxic chemicals and other substances and mixtures; and
d) To prevent 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.
Section 5. Definition. - As used in this Act:
a) Chemical substance means any organic or inorganic substance of a particular
molecular identity, including:PRIME-M4 Page 2 of 8
i) Any combination of such substances occurring in whole or in part as a result of
chemical reaction or occurring in nature: and
ii) Any element or uncombined chemical.
b) Chemical mixture means any combination of two or more chemical substances if
the combination does not occur in nature and is not, in whole or in part, the result of
a chemical reaction, if none of the chemical substances comprising the combination
is a new chemical substance and if the combination could have been manufactured
for commercial purposes without a chemical reaction at the time the chemical
substances comprising the combination were combined. This shall include
nonbiodegradable mixtures.
c) Process means the preparation of a chemical substance or mixture after its
manufacture for commercial distribution:
i) In the same form or physical state or in a different form or physical state from
that which it was received by the person so preparing such substance or
mixture; or
ii) As part of an article containing a chemical substance or mixture.
d) Importation means the entry of a product or substance into the Philippines
(through the seaports or airports of entry) after having been properly cleared
through or still remaining under customs control, the product or substance of which
is intended for direct consumption, merchandising, warehousing, for further
processing.
e) Manufacture means the mechanical or chemical transformation of substances into
new products whether work is performed by power-driven machines or by hand,
whether it is done in a factory or in the worker's home, and whether the products
are sold at wholesale or retail.
f) Hazardous substances are substances which present either:

1) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin

absorption, corrosivity or other skin or eye contact hazard or the risk of fire or
explosion; or
2) long-term environmental hazards, including chronic toxicity upon repeated
exposure, carcinogenicity (which may in some cases result from acute
exposure but with a long latent period, resistance to detoxification process such
as biodegradation, the potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.
g) Hazardous wastes are hereby defined as substances that are without any safe
commercial, industrial, agricultural or economic usage and are shipped, transported
or brought from the country of origin for dumping or disposal into or in transit
through any part of the territory of the Philippines.PRIME-M4 Page 3 of 8
Hazardous wastes shall also refer to by-products, side-products, process residues,
spent reaction media, contaminated plant or equipment or other substances from
manufacturing operations, and as consumer discards of manufactured products.
h) Nuclear wastes are hazardous wastes made radioactive by exposure to the
radiation incidental to the production or utilization of nuclear fuels but does not
include nuclear fuel, or radioisotopes which have reached the final stage of
fabrication so as to be usable for any scientific, medical, agricultural, commercial,
or industrial purpose.
Section 6. Functions, Powers and Responsibilities of the Department of Environment
and Natural Resources. - The Department of Environment and Natural Resources shall be
the implementing agency tasked with the following functions, powers, and responsibilities:
a) To keep an updated, inventory of chemicals that are presently being manufactured or
used, indicating, among others, their existing and possible uses, quantity, test data,
names of firms manufacturing or using them, and such other information as the
Secretary may consider relevant to the protection of health and the environment;
b) To require chemical substances and mixtures that present unreasonable risk or
injury to health or to the environment to be tested before they are manufactured or
imported for the first time;
c) To require chemical substances and mixtures which are presently being
manufactured or processed to be tested if there is a reason to believe that they pose
unreasonable risk or injury to health and the environment;
d) To evaluate the characteristics of chemicals that have been tested to determine their
toxicity and the extent to their effects on health and the environment;
e) To enter into contracts and make grants for research, development, and monitoring
of chemical substances and mixtures;
f) To conduct inspection of any establishment in which chemicals are manufactured,
processed, stored or held before or after their commercial distribution and to make
recommendations to the proper authorities concerned;
g) To confiscate or impound chemicals found not falling within the standard set by the
rules and regulations and the said acts cannot be enjoined except after the
chemicals have been impounded;
h) To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes
and their disposal into the country;
i) To subpoena witnesses and documents and to require other information if necessary
to carry out the provisions of this Act;
j) To call on any department, bureau, office, agency, state university or college, and
other instrumentalities of the Government for assistance in the form of personnel,
facilities, and other resources as the need arises in the discharge of its functions;
k) To disseminate information and conduct educational awareness campaign on the
effects of chemical substances, mixtures and wastes on health and environment; and
l) To exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Act.
Section 7. Inter-agency Technical Advisory Council. - There is hereby created an Interagency Technical Advisory
Council attached to the Department of Environment and NaturalResources which shall be composed of the following
officials or their duly authorizedrepresentatives
Secretary of Environment and Natural Resources - Chairman
Secretary of Health - Member
Director of the Philippine Nuclear Research Institute - Member
Secretary of Trade and Industry - Member
Secretary of Science and Technology - Member
Secretary of National Defense - Member
Secretary of Foreign Affairs - Member
Secretary of Labor and Employment - Member
Secretary of Finance - Member
Secretary of Agriculture - Member
Representative from the non-governmental
Organization on health and safety Member

The representative from the non-governmental organization shall be appointed by the President
for a term of three (3) years. The council shall have the following functions:
a) To assist the Department of Environment and Natural Resources in the formulation
of the pertinent rules and regulations for the effective implementation of this Act;
b) To assist the Department of Environment and Natural Resources in the preparation
and updating of the inventory of chemical substances and mixtures that fall within
the coverage of this Act;
c) To conduct preliminary evaluation of the characteristics of chemical substances
and mixtures to determine their toxicity and effects on health and the environment
and make the necessary recommendations to the Department of Environment and
Natural Resources; and
d) To perform such other functions as the Secretary of Environment and Natural
Resources may from time to time, require.
Section 8. Pre-Manufacturing and Pre-Importation Requirements. - Before any new
chemical substances or mixture can be manufactured, processed or imported for the first time
as determined by the Department of Environment and Natural Resources, the manufacturer,
processor or importer shall submit the following information: the name of the chemical
substances; its chemical identity and molecular structure; proposed categories of use; an
estimate of the amount to be manufactured, processed or imported; processing and disposal
thereof; and any test data related to health and environmental effects which the manufacturer,
processor or importer has.PRIME-M4 Page 5 of 8
Section 9. Chemicals Subject to Testing. - Testing shall be required in all cases where:
a) There is a reason to believe that the chemical substances or mixture may present
an unreasonable risk to health or environmental exposure thereto;
b) There are insufficient data and experience for determining or predicting the health
and environmental effects of the chemical substance or mixture; and
c) The testing of the chemical substance or mixture is necessary to develop such
data.
The manufacturers, processors or importers shall shoulder the costs of testing the
chemical substance or mixture that will be manufactured, processed or imported.
Section 10. Action by the Secretary of Environment and Natural Resources or his Duly
Authorized Representative. - The Secretary of Environment and Natural Resources or his
duly authorized representative shall, within ninety (90) days from the date of filing of the notice
of manufacture, processing or importation of a chemical substance or mixture, decide whether
or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or
disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture
period within a reasonable time.
Section 11. Chemical Substance Exempt from the Pre-Manufacture Notification. The manufacture of the following
chemical substances or mixtures shall be exempt from pre-manufacture notification.
a) Those included in the categories of chemical substances and mixtures already
listed in the inventory of existing chemicals;
b) Those to be produced in small quantities solely for experimental or research and
development purposes;
c) Chemical substances and mixtures that will not present an unreasonable risk to
health and the environment; and
d) Chemical substances and mixtures that exist temporarily and which have no
human or environmental exposure such as those which exist as a result of
chemical reactions in tthe manufacture or processing of a mixture of another
chemical substance.
Section 12. Public Access to Records, Reports or Notification. - The public shall have
access to records, reports or information concerning chemical substances and mixtures
including safety data submitted, data on emission or discharge into the environment, and such
documents shall be available for inspection or reproduction during normal business hours
except that the information or particular person thereof confidential and may not be made public
when such would divulge trade secrets, production or sales figures or methods, production or
processes unique to such manufacturer, processor, or distributor or would otherwise tend to
affect adversely the competitive position of such manufacturer, processor or distributor. The
Department of Environment and Natural Resources, however, may release information subject
to claim of confidentiality to a medical research or scientific institution where the information isneeded for the
purpose of medical diagnosis or treatment of a person exposed to the chemical
substance or mixture.
Section 13. Prohibited Acts. - The following acts and omissions shall be considered
unlawful:
a) Knowingly use in chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and
regulations or orders;
b) Failure or refusal to submit reports, notices or on the information, access to
records as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;

c) Failure or refusal to comply with the pre-manufacture and pre-importation

requirements; and
d) 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 or otherwise keeping in storage
any amount of hazardous and nuclear wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties. a) (i) The penalty of imprisonment of six (6) months and one day to six (6)
years and one day and a fine ranging from Six hundred pesos
(Php600.00) to Four thousand pesos (PhP4,000.00) shall be imposed
upon any person who shall violate section 13(a) to (c) of this Act and shall
not be covered by the Probation Law. If the offender is a foreigner, he or
she shall be deported and barred from any subsequent entry into the
Philippines after serving his or her sentence;
(ii) In case any violation of this Act is committed by a partnership,
corporation, association or any juridical person, the partner, president,
director or manager who shall consent to or shall knowingly tolerate such
violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal;
(iii) In case the offender is a government official or employee, he or she shall,
in addition to the above penalties, be deemed automatically dismissed
from office and permanently disqualified from holding any elective or
appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty
(20) years, shall be imposed upon any person who shall violate section
13 (d) of this Act. If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall
be imposed upon the managing partner, president or chief executive inaddition to an exemplary damage of at least
Five hundred thousand
pesos (PhP500,000.00). If it is a foreign firm, the director and all officers
of such foreign firm shall be barred from entry into the Philippines, in
addition to the cancellation of its license to do business in the Philippines;
(iii) In case the offender is a government official or employee, he or she shall
in addition to the above penalties be deemed automatically dismissed
from office and permanently be disqualified from holding any elective or
appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within
the Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of the proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels and aircraft used in or with which the
offense was committed. Chemical substances so confiscated and forfeited by the
Government at its option shall be turned over to the Department of Environment
and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into
the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the
government be forfeited in its favor.
Section 15. Administrative Fines. - In all cases of violations of this Act, including violations
of implementing rules and regulations which have been duly promulgated and published in
accordance with Section 16 of this Act, the Secretary of Environment an Natural Resources is
hereby authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not
more than Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty thereof.
The administrative fines imposed and collected by the Department of Environment and Natural
Resources shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.
Section 16. Promulgation of Rules and Regulations. - The Department of Environment
and Natural Resources, in coordination with the member agencies of the Inter-Agency Technical
Advisory Council, shall prepare and publish the rules and regulations implementing this Act
within six months from the date of its effectivity.
Section 17. Appropriation. - Such amount as may be necessary to implement the
provisions of this Act is hereby annually appropriated and included in the budget of the
Department of Environment and Natural Resources.
Section 18. Separability Clause. - If any provision of this Act is declared void or

unconstitutional, the remaining provisions thereof not affected thereby shall remain in full force
and effect.
Section 19. Repealing Clause. - All laws, presidential decrees, executive orders and
issuances, and rules and regulations which are inconsistent with this Act are hereby repealed or
modified accordingly.
Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9275
March 22, 2004
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."
SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner consistent
with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this
end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State:
a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country's
water resources;
b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for
the protection of water resources;
c) To formulate a holistic national program of water quality management that recognizes that water quality
management issues cannot be separated from concerns about water sources and ecological protection, water
supply, public health and quality of life;
d) To formulate an integrated water quality management framework through proper delegation and effective
coordination of functions and activities;
e) promote commercial and industrial processes and products that are environment friendly and energy efficient;
f) To encourage cooperation and self-regulation among citizens and industries through the application of incentives
and market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory
profile within the acceptable boundaries of public health and environment;
g) To provide for a comprehensive management program for water pollution focusing on pollution prevention;
h) To promote public information and education and to encourage the participation of an informed and active public
in water quality management and monitoring;
i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a
project, program or activity; and
j) To encourage civil society and other sectors, particularly labor, the academe and business undertaking
environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent
environmental issues and problems at the local and national levels.
SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water bodies:
Provided, That it shall primarily apply to the abatement and control of pollution from land based sources: Provided,
further, That the water quality standards and regulations and the civil liability and penal provisions under this Act
shall be enforced irrespective of sources of pollution.
ARTICLE 2
DEFINITION OF TERMS
SECTION 4. Definition of Terms. - As used in this Act:
a) Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient quantity to
supply pumping wells or natural springs.
b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.
c) Beneficial use - means the use of the environment or any element or segment thereof conducive to public or
private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal,
irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes.
1. Use of water for domestic purposes - means the utilization of water for drinking, washing, bathing, cooking or
other household needs, home gardens and watering of lawns or domestic animals;
2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the
community;
3. Use of water for irrigation - means the utilization of water for producing agricultural crops;
4. Use of water for power generation - means the utilization of water for producing electrical or mechanical power;

5. Use of water for fisheries - means the utilization of water for the propagation of culture of fish as a commercial
enterprise;
6. Use of water for livestock raising - means the utilization of water for large herds or flocks of animals raised as a
commercial enterprise;
7. Use of water for industrial purposes - means the utilization of water in factories, industrial plants and mines,
including the use of water as an ingredient of a finished product; and
8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating,
water skiing, golf courses and other similar facilities in resorts and other places of recreation.
d) Classification/Reclassification of Philippine Waters - means the categorization of all water bodies taking into
account, among others, the following: (1) existing quality of the body of water; (2) size, depth, surface area
covered, volume, direction, rate of flow and gradient of stream; (3) most beneficial existing and future use of said
bodies of water and lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial,
navigational, recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability of surface and
groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and underground
storage tanks of petroleum products.
e) Civil Society - means non-government organizations (NGOs) and people's organizations (POs).
f) Cleaner Production - means the application of an integrated, preventive environmental strategy to processes,
products, services to increase efficiency and reduce risk to humans and the environment;
g) Clean-up operations - means activities involving the removal of pollutants discharged or spilled into a water body
and its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological
state or conditions.
h) Contamination - means the production of substances not found in the natural composition of water that make the
water less desirable or unfit desirable or unfit for intended use.
i) Department - means the Department of Environment and Natural Resources.
j) 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.
k) Drinking water- means water intended for human consumption or for use in food preparation.
l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or
hazardous material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and
domestic sources which are within the effluent standards.
m) Effluent - means discharge from known sources 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.
n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or concentrations or any
combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is
allowed to discharge into a body of water or land.
o) Environmental management - means the entire system which includes, but is not limited to, conservation,
regulation and minimization of pollution, clean production, waste management, environmental law and policy,
environmental education and information, study and mitigation of the environmental impacts of human activity,
and environmental research.
p) Environmental management system - means the part of the overall management system that includes
organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for
developing, implementing, achieving, reviewing and maintaining the environment policy.
q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in
groundwater, rivers, ponds and lakes.
r) Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks, or in geological
formations.
s) Groundwater vulnerability - means relative ease with which a contaminant located at or near the land surface can
migrate to the aquifer or deep well.
t) Groundwater vulnerability map - means the identified areas of the land surface where groundwater quality is
most at risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a
range of soil properties and hydro geological criteria to serve as guide in the protection of the groundwater from
contamination.
u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid
form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating
reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential
for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse
acute or chronic effects on the health of persons or organism.
v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value released by a
manufacturing or processing plant other than excluded material.
w) Integrated Water Quality Management Framework - means the policy guideline integrating all the existing
frameworks prepared by all government agencies contain the following; water quality goals and targets; (b) period
of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education
program; (e) human resources development program.
x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond
where beyond where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be prepared by the Department indicating: a) the
location of water bodies, their quality, taking into account seasonal, tidal and others variations, existing and

potential uses and sources of pollution per specific pollutant and pollution load assessment; b) water quality
management areas pursuant to Section 5 of this Act; c) and water classification.
z) Non-point source - means any source of pollution not identifiable as point source to include, but not be limited to,
runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas.
aa) Point source - means any identifiable source of pollution with specific point of discharge into a particular water
body.
bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial
use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of
the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the
condition, limitation or restriction prescribed in this Act.
cc) Pollution control technology- means pollution control devices or apparatus, processes, or other means that
effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point
source at levels within the water pollution standards.
dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable
medical equipment and material that may pose a risk to the public health, welfare or the marine environment.
ee) Secretary - means the Secretary of the Department of Environmental and Natural Resources (DENR).
ff) Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks
and cesspools.
gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences,
building, institutions, industrial and commercial establishments together with such groundwater, surface water and
storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to
receive or retain waste or other places or the combination thereof.
hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits
including pumping stations, lift stations and force mains, service connections including other constructions, devices,
and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to
a point of disposal.
ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant,
water supply treatment plant, or water control pollution facility, or any other such waste having similar
characteristics and effects.
jj) Surface water - means all water, which is open to the atmosphere and subject to surface runoff.
kk) Treatment - means any method, technique, or process designed to alter the physical, chemical or biological and
radiological character or composition of any waste or wastewater to reduce or prevent pollution.
ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may cause chronic or longterm acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect
designated water uses.
mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms resulting industrial,
commercial, mining or agricultural operations, or from community and household activities that is devoid of usage
and discarded.
nn) Wastewater - means waste in liquid state containing pollutants.
oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but
is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes,
bays, estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used
purposely as water treatment facilities and / or water storage for recycling and re-use which are integral to process
industry or manufacturing.
pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological properties of a water
body resulting in the impairment of its purity or quality.
qq) Water Quality - means the characteristics of water, which define its use in characteristics by terms of physical,
chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated.
rr) Water quality guidelines - means the level for a water constituent or numerical values of physical, chemical,
biological and bacteriological or radiological parameters which are used to classify water resources and their use,
which does not result in significant health risk and which are not intended for direct enforcement but only for water
quality management purposes, such as determining time trends, evaluating stages of deterioration or enhancement
of the water quality, and as basis for taking positive action in preventing, controlling or abating water pollution.
ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a) goals and targets
including sewerage or septage program, (b) schedule of compliance to meet the applicable requirements of this
Act; (c) water pollution control strategies or techniques; (d) water quality information and education program; e)
resource requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives
under Chapter 4 of this Act.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
ARTICLE 1
GENERAL PROVISIONS
SECTION 5. Water Quality Management Area. - The Department, in coordination with National Water Resources
Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic

units such as watershed, river basins or water resources regions. Said management areas shall have similar
hydrological, hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological
and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or
face similar development programs, prospects or problems.
Said management area shall be governed by a governing board composed of representatives of mayors and
governors of member local government units (LGUs), and representatives of relevant national government
agencies, duly registered non-governmental organization, water utility sector, and business sector. The Department
representative shall chair the governing board. In the case of the LGUs with memberships on more than one (1)
management board, the LGU shall designate only one (1) single representative for all the management areas
wherein is a member.
The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of
this Act in accordance with those established in the framework and monitor the compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and affect water quality surveillance and
monitoring network including sampling schedules and other similar activities. The group shall submit its report and
recommendation to the chairman of the governing board.
A technical secretariat for each management area is hereby created which shall be part of the department and shall
provide technical support to the governing board. They shall be composed of at least four (4) members who shall
have the following minimum qualifications:
a) One (1) member shall be a member of the Philippines Bar;
b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist
or significant training and experience in chemistry;
c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and experience in closely related
fields and experience on ground water, respectively; and
d) One (1) member shall be a Geologist, Biologist, or significant training and experience in closely related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as one
management area under the administration of LLDA in accordance with R.A. No. 4850, as amended: Provided,
However, That the standards promulgated pursuant to this Act and wastewater charge system established pursuant
hereof shall be enforced in said area.
SECTION 6. Management of Non-attainment Areas. - The Department shall designate water bodies, or
portions thereof, where specific pollutants from either natural or man-made source have already exceeded water
quality guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and implement a program
that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding
reduction in discharges from existing sources; Provided, That if the pollutant is naturally occurring, e.g. naturally
high boron and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided, further,
That the effluent concentration of discharge shall not exceed the naturally occurring level of such pollutant in the
area: Provided, Finally, That the effluent concentration and volume of discharge shall not adversely affect water
supply, public health and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA),
governing board and other concerned government agencies and private sectors shall take such measures as may
be necessary to upgrade the quality of such water in non-attainment areas to meet the standards under which it
has been classified.
Upgrading of water quality shall likewise include undertakings, which shall improve the water quality of a water
body to a classification that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever
necessary, for the protection of health and welfare of the residents within potentially affected areas.
SECTION 7. National Sewerage and Septage Management Program. - The Department of Public Works and
Highways (DPWH), through its relevant attached agencies, in coordination with the Department, local government
units (LGUs) and other concerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve
(12) months from the affectivity of this Act, prepare a national program on sewerage and septage management in
connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for
LGUs based on population density and growth, degradation of water resources, topography, geology, vegetation,
program/projects for the rehabilitation of existing facilities and such other factors that the Secretary may deem
relevant to the protection of water quality. On the basis of such national listing, the national government may allot,
on an annual basis, funds for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land for the
construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage
treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement of a
service fee system.
SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years following the
effectivity of this Act, the Agency vested to provide water supply and sewerage facilities and/or concessionaires in
Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with
LGUs, shall be required to connect the existing sewage line found in all subdivisions, condominiums, commercial
centers, hotels, sports and recreational facilities, hospitals, market places, public buildings, industrial complex and
other similar establishments including households to available sewerage system. Provided, That the said connection
shall be subject to sewerage services charge/fees in accordance with existing laws, rules or regulations unless the
sources had already utilized their own sewerage system: Provided, further, That all sources of sewage and septage
shall comply with the requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other concerned
agencies, shall employ septage or combined sewerage-septage management system.
For the purpose of this section, the DOH, coordination with other government agencies, shall formulate guidelines
and standards for the collection, treatment and disposal of sewage including guidelines for the establishment and
operation of centralized sewage treatment system.
SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be
administered by the Department, in coordination with other concerned agencies, as a special account in the
National Treasury is hereby established. The fund shall be used to finance the following:
a) Finance containment and clean-up operations of the government in water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or abatement of water pollution and
management and administration of the management areas in the amounts authorized by the Department.
The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB), proceeds of
permits issued by the Department under this Act, donations, endowments and grants in the form of contributions to
the national government under this Act shall form part of the fund. Such donations, endowments and grants shall
be exempt from donor's taxes and all other taxes, charges or fees imposed by the government and shall be
deductible from the gross income of the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.
SECTION 10. The Area Water Quality Management Fund. - The area water quality management fund is hereby
established for the maintenance and upkeep of the water bodies in a water quality management area. The fund
shall be utilized for the grant of rewards and incentives for entities whose effluent discharges are better than the
water quality criteria of the target classification of the receiving body of water, loans for acquisitions and repairs of
facilities to reduce quantity and improve quality of wastewater discharges, and regular maintenance of the water
bodies within the management area.
An amount of not more than ten percent (10%) of the total amount accruing to the funds annually shall be allocated
for the operational expenses of the governing board, its secretariat and multi-sectoral water quality surveillance
and monitoring network.
This fund shall initially be sourced from the fines incurred by the establishments located in rural areas before the
effectivity of this Act. Thereafter, the fees collected under the wastewater charge system established under Section
13 of this Act, donations, endowments and grants for water quality management of the area shall accrue to the
fund.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations. This
fund shall be managed by the Board of the corresponding management area.
SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The Department may
provide variance in water quality criteria and standards for geothermal exploration that encounters re-injection
constraints: Provided, That there shall be provision for adequate protection of beneficial use of water bodies,
downstream of the geothermal project: Provided, further, That this provision may be applied to oil and gas
exploration as determined by the Department.
SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity of this Act,
and every two (2) years thereafter, the Department shall, through due public consultation, revise and publish a list
of categories of industry sector for which effluent standards will be provided for each significant wastewater
parameter per industry sector.
The Department shall provide additional classification based on other parameters specifically associated to
discharge of a particular industry which shall be included in the listing of categories prescribed in the preceding
paragraph.
ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES
SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge system in all
management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of
wastewater charges/fees. The system shall be established on the basis of payment to the government for
discharging wastewater into the water bodies. Wastewater charges shall be established taking into consideration
the following:
a) To provide strong economic inducement for polluters to modify their production or management processes or to
invest in pollution control technology in order to reduce the amount of water pollutants generated;
b) To cover the cost of administering water quality management or improvement programs;
c) Reflect damages caused by water pollution on the surrounding environment, including the cost of rehabilitation;
d) Type of pollutant;
e) Classification of the receiving water body; and
f) Other special attributes of the water body.
The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be
established with due public consultation within six (6) months from the effectivity of this Act: Provided, That net
waste load shall refer to the difference of the initial waste load of the abstracted water and the waste load of the
final effluent discharge of an industry: Provided, further, That no net waste load shall be lower than the initial waste
load: Provided, finally, That wastewater charge system shall not apply to wastewater from geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be charged with
minimal reasonable amount which shall be determined by the Department after due public consultation, giving
account to volumetric rate of discharge and effluent concentration.
SECTION 14. Discharge Pemits. - 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.
As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed cost effective. The Department shall also develop
procedures to relate the current water quality guideline or the projected water quality guideline of the receiving
water body/ies with total pollution loadings from various sources, so that effluent quotas can be properly allocated
in the discharge permits. For industries without any discharge permit, they may be given a period of twelve {12)
months after the effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require program
and project proponents to put up environmental guarantee fund {EGF) as part of the environmental management
plan attached to the environmental compliance certificate pursuant to Presidential Decree No.1586 and its
implementing rules and regulations. The EGF shall finance the maintenance of the health of the ecosystems and
specially the conservation of watersheds and aquifers affected by the development, and the needs of emergency
response, clean-up or rehabilitation of areas that may be damaged during the program's or project's actual
implementation. Liability for damages shall continue even after the termination of a program or project and, until
the lapse of a given period indicated in the environmental compliance certificate, as determined by the
Department. The EGF may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit,
self-insurance and any other instruments which may be identified by the Department. The choice of the guarantee
instrument or combinations thereof shall depend, among others, on the assessment of the risks involved and
financial test mechanisms devised by the Department. Proponents required to put up guarantee instruments shall
furnish the Department with evidence of availment of such instruments from accredited financial instrument
providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any person
who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be
responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same
water bodies have been rendered unfit for utilization and beneficial use: Provided, That in the event emergency
clean-up operations are necessary and the polluter fails to immediately undertake the same, the Department, in
coordination with other government agencies concerned, shall conduct containment, removal and clean-up
operations. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this Act. Reimbursements of the cost
incurred shall be made to the Water Quality Management Fund or to such other funds where said disbursements
were sourced.
SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement
programmatic compliance with the environmental impact assessment system, as in the following types of
development:
a) development consisting of a series of similar projects, or a project subdivided into several phases and/or stages
whether situated in a contiguous area or geographically dispersed; and
b) development consisting of several components or a cluster of projects co-located in an area such as an industrial
estate, an export processing zone, or a development zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be guided by carrying capacity
assessments determined from ecological profiles. Ecological profiles shall Identify environmental constraints and
opportunities in programmatic areas. Programmatic assessment shall also take into account cumulative impacts
and risks.
Consistent with the provisions of the Local Government Code, the Department may enter into agreement with LGUs
to incorporate programmatic environmental impact assessment into the preparation, updating or revision of local
land use plans and area development plans.
SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water Quality
Standards. - The. Department may allow each regional industrial center established pursuant to Republic Act
No.7916 (PEZA law) to allocate effluent quotas to pollution sources within its jurisdiction that qualify under an
environmental impact assessment system programmatic compliance program in accordance with Presidential
Decree No. 15867 and its implementing rules and regulations.
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible for the
implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the following
functions, powers and responsibilities:
a) Prepare a National Water Quality Status Report within twenty-four (24) months from the effectivity of this
Act: Provided, That the Department shall thereafter review or revise and publish annually, or as the need arises,
said report;

b) Prepare an Integrated Water Quality Management Framework within twelve (12) months following the completion
of the status report;
c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12) months following the
completion of the framework for each designated water management area. Such action plan shall be reviewed by
the water quality management area governing board every five (5) years or as need arises;
d) Prepare and publish a national a national groundwater vulnerability map incorporating the prevailing standards
and methodologies, within twenty four (24) months after the effectivity of this Act;
e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water quality guidelines after
due consultation with the concerned stakeholder sectors: Provided, That the Department, in coordination with
appropriate agencies shall review said guidelines every five (5) years or as need arises;
f) Review and set effluent standards every five (5) years from the effectivity of this Act or sooner as determined by
the Department: Provided, That in the interim, the provisions of DENR Administrative Order No. 35 of the
Department shall apply: Provided, further, That when new and more stringent standards are set in accordance with
this section, the Department may establish a grace period with a maximum of five (5) years: Provided, finally, That
such grace period shall be limited to the moratorium on the issuance of cease and desist and/or closure order
against the industry's operations except in the event such operation poses serious and grave threat to the
environment, or the industry fails to institute retooling, upgrading or establishing an environmental management
system (EMS).
g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted procedures for
sampling and analysis of pollutants and in coordination with other concerned agencies, formulate testing
procedures and establish an accreditation system for laboratories;
h) Within eighteen (18) months from the effectivity of this Act and every two (2) years thereafter, categorize point
and non-point sources of water pollution;
i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;
j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in the interim, the
provisions of DENR Administrative Order No.34 shall apply: Provided, further, that such classification or
reclassification shall take into consideration the operation of businesses or facilities that are existing prior to the
effectivity of the Act: Provided, furthermore, that the Department may authorize the use of the water for other
purposes that are more restrictive in classification: Provided, finally, That discharges resulting from such use shall
meet the effluent standards set by the Department;
k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude, extent, severity,
causes, effects and other pertinent information on pollution, and to take measures, using available methods and
technologies to prevent and abate such pollution;
l) Exercise supervision and control over all aspects of water quality management;
m) Establish a cooperative effort in partnership with the government, LGUs, academic institutions, civil society and
the private sector to attain the objectives of this Act;
n) Disseminate information and conduct educational awareness and value formation programs and campaigns on
the effects of water pollution on health and environment, water quality management, and resource conservation
and recovery to encourage an environmentally action-oriented society in coordination with government agencies
identified in Section 22 (f);
o) Promote. and encourage private and business sectors especially manufacturing and processing plants the use of
water quality management systems equipment, including but not limited to, industrial wastewater treatment
collection and treatment facilities;
p) Report, on an annual basis, to Congress the, quality status of water bodies and other pertinent information and
recommend possible legislation, policies and programs for environmental management and water pollution control;
q) Issue rules and regulations for the effective implementation of the provisions of this Act;
r) Issue orders against any person or entity and impose fines, penalties and other administrative sanctions to
compel compliance with water quality the provisions of this Act;
s) Undertake appropriate protocol with other concerned agencies for immediate coordinated responses to water
related emergency incidents;
t) Issue permits, clearances and similar instruments pursuant to this Act; and
u) Exercise such powers and perform such other functions as may be necessary to carry out the objectives of this
Act
The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some
aspects of water quality management and regulation, including, but not to be limited to, permit issuance,
monitoring and imposition of administrative penalties, when, upon the Department's determination, the LGU or the
governing board has demonstrated readiness and technical capability to undertake such functions.
SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in the
management and improvement of water quality within their territorial jurisdictions.
Each local government unit shall within six (6) months after the establishment of the water quality management
area action plan prepare a compliance scheme in, accordance thereof, subject to review and approval of the
governing board.
Each local government unit shall, through its Environment and Natural Resources Office (ENRO) established in
Republic Act No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation; and

e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation
of measures to prevent and control water pollution: Provided, however, That in provinces/cities/municipalities where
there are no environment and natural resources officers, the local executive concerned may, with the approval of
the Secretary of the DENR designate any of his official and/or chief of office preferably the provincial, city or
municipal agriculturist, or any of his employee:Provided, finally, That in case an employee is designated as such, he
must have sufficient experience in environmental and natural resources management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental Management. - The Department and the LGUs, in
coordination with the appropriate government agencies. and in consultation with the business and industrial sectors
including commerce, shall formulate appropriate incentives for the adoption procedures that will preserve and
protect our water bodies through the introduction of innovative equipment and processes that reduce if totally
eliminate discharge of pollutants into our water bodies.
SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including LLDA shall
coordinate and enter into agreement with other government agencies, industrial sector and other concerned
sectors in the furtherance of the objectives of this Act- The following agencies shall perform tile functions specified
hereunder:
a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement of water
quality standards in marine waters, set pursuant to this Act, specifically from offshore sources;
b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the
provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of
sewage within their area of jurisdiction;
c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of wastewater for
irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural
and aquaculture activities: Provided, That discharges coming from non-point sources be categorized and further
defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA
shall be primarily responsible for the prevention and control of water pollution for the development, management
and conservation of the fisheries and aquatic resources;
d) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality
standards;
e) DOST, in coordination with the Department and other concerned agencies, shall prepare a program for the
evaluation, verification, development and public dissemination of pollution prevention and cleaner production
technologies; and
f) Department of Education (DepEd), Commission Higher Education (CHED), Department of the Interior and Local
Government (DILG) and Philippine Information Agency (PIA) shall assist and coordinate with the Department in, the
preparation and implementation of a comprehensive program pursuant to the objectives of this Act.
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to
Documents. - The Department or its duly authorized representative shall, after proper consultation and notice,
require any person who owns or operates any pollution source or who is subject to. any requirement of this Act to
submit reports and other written information as may be required by the department.
Any record, report or information obtained under this section shall be made available to the public, except upon a
satisfactory showing to the Department by the, entity concerned that the record, report, or information or parts
thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property.
Such record, report or information shall likewise be incorporated in the Department's industrial rating system.
Pursuant to this Act, the Department, through it's authorized representatives, shall have the right to: (a) enter any
premises or to have access to documents and relevant materials as referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and (c) test
any discharge.
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may enter the
premises of an establishment reported to have caused said incident.
SECTION 24. Pollution Research and Development Programs. - The Department, in coordination with the
Department of Science and Technology (DOST), other concerned agencies and academic research institutions, shall
establish a national research and development program for the prevention and control of water pollution. As part of
said program, the DOST shall conduct and promote the coordination and acceleration of research, investigation,
experiments, training, survey and studies relating to the causes, extent, prevention and control of pollution among
concerned government agencies and research institutions.
CHAPTER 4
INCENTIVES AND REWARDS
SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private organization
and entities, including civil society, that have undertaken outstanding and innovative projects, technologies,
processes and techniques or activities in water quality management. Said rewards shall be sourced from the Water
Quality Management Fund herein created.
SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging LGUs,
water districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an effective water
quality management, or actively participate in any program geared towards the promotion thereof as provided in
this Act.
A. Non-fiscal incentive
1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of the Board of Investments
(BOI), industrial wastewater treatment and/or adoption of water pollution control technology, cleaner production
and waste minimization technology shall be classified as preferred areas of investment under its annual priority

plan and shall enjoy the applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus
Investment Code, as amended.
Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the effectivity of this Act,
LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free importation of machinery, equipment and
spare parts used for industrial wastewater treatment/collection and treatment facilities: Provided, That the
importation of such machinery, equipment and spare parts shall comply with the following conditions:
a) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;
b) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned
activities; and
c) Written endorsement by the Department that the importation of such machinery, equipment and spare parts
would be beneficial to environmental protection and management: Provided, further, That the sale, transfer or
disposition of such machinery, equipment and spare parts without prior approval of the BOI within five (5) years
from the date of acquisition shall be prohibited, otherwise the LGU concerned, WD, enterprise or private entity and
the concerned vendee, transferee or assignee shall be solidarity liable to pay twice the amount of tax and duty
exemption given it.
2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this Act, a tax credit
equivalent to one hundred percent (100%) of the value of the national internal revenue taxes and customs duties
that would have been waived on the machinery, equipment, and spare parts, had these items been imported shall
be given to enterprises or private entities and individuals, subject to the same conditions and prohibition cited in
the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations to LGUs, WDs,
enterprises, or private entities and individuals, for the support and maintenance of the program for effective water
quality management shall be exempt from donor's tax and shall be deductible from the gross income of the donor
for income tax purposes.
Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, enterprises, or private
entities and individuals to be exclusively used for water quality management programs shall be exempted from the
payment of customs duties and applicable internal revenue taxes.
Industrial wastewater treatment and/or installation of water pollution control devices shall be classified as pioneer
and preferred areas of investment under the BOI's annual priority plan and shall enjoy- the applicable fiscal and
non-fiscal incentives as may be provided for under the Omnibus Investment Code, as amended.
B. Financial Assistance Program
Government financial institutions such as the Development Bank of the Philippines, Land Bank of the Philippines,
Government Service Insurance System, and such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws,
accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage
collection and treatment facilities.
C. Extension or Grants to LGUs
Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants for
the purpose of developing technical capabilities.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies
or along the margins of any surface water, where, the same shall be liable to be washed into such surface water,
either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in
the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute
groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated
discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of
the groundwater;
c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the
permit was revoked for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of
individuals on board the vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic
Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act
No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals,
substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be
washed into such surface, ground, coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in
violation of Presidential Decree. No.1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after
the permit was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case,
sanctions shall be imposed on the local government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance
with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to
alter or impair the water quality.
SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who commits any
of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its
implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the
amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten percent (10%) every
two (2) years to compensate for inflation and to maintain the deterrent function of such fines: Provided, That the
Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or
cessation of operations or, where appropriate disconnection of water supply, until such time that proper
environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are
undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment
of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such
failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface,
ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day
and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each
day during which the omission and/or contamination continues.
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government
agencies file criminal charges against the violators. Gross violation shall mean any of the following:
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
b) five {5) or more violations within a period of two (2) years; or
c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating
despite the existence of an order for closure, discontinuance or cessation of operation.
In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of not less
than six {6) years but not more than ten {10) years, or both, at the discretion of the court. If the offender is a
juridical person, the president, manager and the pollution control officer or the official in charge of the operation
shall suffer the penalty herein provided.
For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance
thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One
million pesos (P1,000,000.00) or by imprisonment of not less than one {1) year nor more than six (6) years or both,
for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. If the
offender is a juridical entity, then its officers, directors, agents or any person primarily responsible shall be held
liable: Provided, That any vessel from which oil or other harmful substances are discharged in violation of Section 4
of Presidential Decree No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph
and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid and such penalty
shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in the proper court
which the vessel may be. The owner or operator of a vessel or facility which discharged the oil or other harmful
substances will be liable to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or omissions --- committed within the Laguna Lake
Region shall be dealt with in accordance with the procedure under R. A. No.4850 as amended.
SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management
Area Action Plan. - Local government officials concerned shall be subject to Administrative sanctions incase of
failure to comply with their action plan accordance with the relevant provisions of R.A. No. 7160.
CHAPTER 6
ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute
administrative proceedings in the proper forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.
CHAPTER 7
FINAL PROVISIONS
SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be appropriated
from the savings of the National Government to the Department for the initial implementation of this Act.
Thereafter, the amount necessary to effectively carry out the provision of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives, respectively and other concerned
agencies shall promulgate the implementing rules and regulations for this Act, within one (1) year after the
enactment of this Act: Provided. That rules and regulations issued by other government agencies and

instrumentalities for the prevention and/or abatement of water pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant to the provisions of this Act.
The draft of the implementing rules and regulations shall be published and be the subject of public consultations
with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to the
provisions of this Act.
SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional
Oversight Committee to monitor the implementation of this Act and to review the implementing rules and
regulations promulgated by the Department. The Committee shall be composed of five (5) Senators and five; (5)
Representatives to be appointed by the Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Committee on Environment of
the Senate and the Committee on Ecology of the House of Representatives.
SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos. 6969 and
4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and modified
accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or
modified accordingly.
SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to any person or
circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other
person or circumstances shall not be affected by such declaration.
SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
Republic Act No. 8749
June 23, 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSE Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."
Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing
the primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be
the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and
environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall
be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the
government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of marketbased instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management
program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active public in
air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a
project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are
hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;
(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies
and programs and in the decision-making process;
(d) The right to participate in the decision-making process concerning development policies, plans and programs
projects or activities that may have adverse impact on the environment and public health;
(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project
and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this
Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws
and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal
sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the adverse
environmental and public health impact of a project or activity.

Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon
dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the
environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases,
fumes, chemical mists, steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or
any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air
resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely
affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as shortterm and long-term which are intended to serve as goals or objectives for the protection of health and/or public
welfare. These values shall be used for air quality management purposes such as determining time trends,
evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking
positive action in preventing, controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the
atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources
to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an
evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of primary
and secondary data and information on natural resources and anthropogenic activities on the land which are
evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to
anticipate the type of development control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is
passed into the atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global
warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute
toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire
explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute
exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to
pollute underground or surface waters;
k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of
human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel,
constructed and operated principally for the conveyance of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or
animal power, constructed and operated principally for the conveyance of persons or the transportation of property
or goods in a public highway or street open to public use;
o) "Municipal waste" means the waste materials generated from communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with
the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign
state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or
type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON),
plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a
motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to
the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient
operation of such motor vehicle, or a substantial portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the
ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but
not limited to, chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment,
bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the
environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not
be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin,
DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally - accepted
standards, including but not limited to the World Health Organization (WHO) guideline values;
u) "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air
caused by emissions from identified pollution sources at levels within the air pollution control standards established
by the Department;
v) "Pollution control technology" means the pollution control devices, production process, fuel combustion
processes or other means that effectively prevent or reduce emissions or effluent;

w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission
limitation achievable through the application of the best system of emission reduction, taking into account the cost
of achieving such reduction and any non-air quality health and environmental impact and energy requirement which
the Department determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any
air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual
National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality
Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the
following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the
Departments monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided
herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality
performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop
an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
Section 7. Integrated Air Quality Improvement Framework. - The Department shall within six (6) months
after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other
concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement
Framework for a comprehensive air pollution management and control program. The framework shall, among
others, prescribe the emission reduction goals using permissible standards, control strategies and control measures
to undertaken within a specified time period, including cost-effective use of economic incentives, management
strategies, collective actions, and environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all
government agencies must comply with to attain and maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the
Department shall, with public participation, formulate and implement an air quality control action plan consistent
with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules
and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this
Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary
to monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a];
(2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in
accordance with land use policy to ensure that ambient air quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of
emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to
the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality
standard required to be included in the implementation plan to prevent significant deterioration of air quality or to
protect visibility;
e) Include control strategies and control measures to be undertaken within a specified time period, including cost
effective use of economic incentives, management strategies, collection action and environmental education and
information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the
affected government agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution
problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or
stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent
with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards
within their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan
for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the
enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air
quality action plan until such time the local government unit concerned can assume the function to enforce the
standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each
LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations
contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not
limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of
pollutants in the atmosphere, or areas which share common interest or face similar development programs,
prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a
common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as
the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman.
The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from peoples organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise
the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Non-attainment Areas. - The Department shall designate areas where specific
pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and
implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in
existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and
other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local government authorities,
nongovernment organizations (NGOs), peoples organizations (POs) and concerned sectors may revise the
designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and
standards, the Department, through the research and development program contained in this Act and upon
consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to
time, revise information on air pollution control techniques. Such information shall include:
(a) Best available technology and alternative methods of prevention, management and control of air pollution;
(b) Best available technology economically achievable which shall refer to the technological basis/standards for
emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of
emissions.
Such information may also include data relating to the cost of installation and operation, energy requirements,
emission reduction benefits, and environmental impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality control techniques shall be
made available to the general public: Provided, That the issuance of information on air quality control techniques
shall not be construed as requiring the purchase of certain pollution control devices by the public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination with
other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with
corresponding ambient guideline values and/or standard necessary to protect health and safety, and general
welfare. The initial list and values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A
minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods.
Daily sampling may be done in the future once continuous analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below
until sufficient monitoring data are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar
months. The monitored average value for any three months shall not exceed the guideline value.
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:
2
Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.
3
Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest
scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter
the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public
health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of
such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but
shall not be limited to nor be less stringent than such standards.
Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department
of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental
techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission
permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the
industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited
to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or
retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but
not limited total credits and/or accelerated depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the
Department as a special account in the National Treasury is hereby established to finance containment, removal,
and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and
rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring
activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant
agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the
Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act,
emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund
shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.
Section 15. Air Pollution Research and Development Program. - The Department, in coordination with the
Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs,
shall establish a National Research and Development Program for the prevention and control of air pollution. The
Department shall give special emphasis to research on and the development of improved methods having industrywide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to
internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air
quality management and pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue
permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient
air quality standards. These permits shall serve as management tools for the LGUs in the development of their
action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as
special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an
environmental impact assessment system programmatic compliance program pursuant to the implementing rules
and regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental management
plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and
regulations set therefor, the Department shall require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged
during the program or projects actual implementation. Liability for damages shall continue even after the
termination of a program or project, where such damages are clearly attributable to that program or project and for
a definite period to be determined by the Department and incorporated into the environmental compliance
certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of
credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with
evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the
effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish
emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission
standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally
accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set
forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants
emitted from a stationary source for the protection of the publics health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants,
the concentration at the point of emission shall not exceed the following limits:

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
a
Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal
power plants, industrial boilers, cement plants, incinerators and smelting furnaces.
For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following
emission standards shall not be exceeded in the exhaust gas:
These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their
compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive
techniques: Provided, Further, That all average of dioxin and furans measured over the sample period of a minimum
of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m 3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or
standards of performance for any stationary source the procedure for testing emissions for each type of pollutant,
and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in consultation with
stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of
eighteen (18) months for the establishment of an environmental management system and the installation of an
appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be
allowed by the Department on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical and
hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the
prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga",
traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, Further, That existing
incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this
Act; Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction
a comprehensive ecological waste management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization,
and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for motor
vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department
shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the
maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and
welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given
reference mass shall be:Emission Limits for Light Commercial Vehicles
Type Approval
a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
emissions in increased by multiplying the quoted limit by a coefficient of 1.7Fuel evaporative emission for sparkignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases
from crankcase ventilation system into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and
management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC
shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may
deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times;
and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor
vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of
pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and
Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle
inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this
regard, the DTI shall develop and implement standards and procedures for the certification of training institutions,
instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite
for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI
shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant

odometers for all motor vehicles including tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new
motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with
emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components
shall not be registered unless it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it
will be in compliance with applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing
requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its
authorized inspection centers within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including
devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These
regulations shall include provisions for ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle engine shall not
be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.
Article Five
Pollution from Other Sources
Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed public place including
public vehicles and other means of transport or in any enclosed area outside of one's private residence, private
place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be
implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The Department, in coordination with appropriate agencies,
shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21
of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission
standards shall be under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of
this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources
(DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the
fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and
fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided,
however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall
be adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such
standards shall be based primarily on threshold levels of health and research studies. On the basis of such
specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and
fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall
be required to coordinate with the DOE and transfer all documents and information necessary for the
implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an
anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months
after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%)
by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline
fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two
percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a
concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight
(48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a
concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and
industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with
the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for
emission and testing procedures to be established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but
not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be
approved and certified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the
BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive
may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been
registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the
following relevant information:
a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - In order to prevent the disabling of any emission control device by lead contamination,
no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with
a gasoline tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person who
knows or should know that such vehicle is designed solely for the use of unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or
Components Requiring Leaded Gasoline. - Effective not later than eighteen (18) months after the enactment of
this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise
dispose of, in any manner, leaded gasoline and engines and components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to
comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol
on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the
Philippines is a signatory, the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are
known to cause harmful effects on the stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including
ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air
pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and fully implement a
national plan consistent with the United Nations Framework Convention on Climate Change and other international
agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after the
enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country.
The Department shall develop short-term and long-term national government programs on the reduction and
elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the
establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or nuclear energy, and
will entail release and emission of radioactive substances into the environment, incident to the establishment or
possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use
of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the primary government
agency responsible for the implementation and enforcement of this Act. To be more effective in this regard, The
Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for
a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is
created.
Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into
agreement with other government agencies, or with affected non-governmental (NGOs) or people's organizations
(POs),or private enterprises in the furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall share the responsibility in
the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8
and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their
jurisdiction; Provided, however, That in case where the board has not been duly constituted and has not
promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building
program to prepare them to undertake full administration of the air quality management and regulation within their
territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be established an Environment and
Natural Resources Office in every province, city, or municipality which shall be headed by the environment and
natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in
accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in
Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of
the sanggunian;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out
measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set
by rational laws;
e) To coordinate with other government agencies and non-governmental organizations in the implementation of
measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law or
ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural
resources officers, the local executive concerned may designate any of his official and/or chief of office preferably
the provincial, city or municipal agriculturist, or any of his employee: Provided, Finally, That in case an employee is
designated as such, he must have sufficient experience in environmental and natural resources management,
conservation and utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department or its
duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any
emissions source or who is subject to any requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the
Department;
(e) keep records on control equipment parameters, production variables or other indirect data when direct
monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:
(a) entry or access to any premises including documents and relevant materials as referred to in the herein
preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the public, except upon a
satisfactory showing to the Department by the entity concerned that the record, report or information, or parts
thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property.
Such record, report or information shall likewise be incorporated in the Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing air quality information and education
campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the
Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine
Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of
other government agencies and the private sector including NGOs, POs, the academe, environmental groups and
other private entities in a multi-sectoral information campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute
administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and
regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued
inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by
this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided,
however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary
estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of,
exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless
and shall accordingly dismiss the action and award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative suit against such person/entity does not
preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This
Act. - Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any
person, institution or government agency that implements this Act, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days
whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the

person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the
same, the court shall dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity,
their being no grave abuse of authority, and done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties imposed
pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of
insolvency of the respondent violator, enjoy preference to laborer's wages under Articles 2241 and 2242 of Republic
Act No. 386, otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air
quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication
Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of
violation against the owner or operator of a stationary source until such time that the standards have been
complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine
based on the violator's ability to pay, degree of willfulness, degree of negligence, history of non-compliance and
degree of recalcitrance: Provided, That in case of negligence, the first time offender's ability to pay may likewise be
considered by the Pollution Adjudication Board: Provided, Further, That in the absence of any extenuating or
aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful
violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate
for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the
stationary sources until such time that proper environmental safeguards are put in place: Provided, That an
establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without
prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or
construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is
imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an
exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC
unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smokebelching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the
DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there
was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result
indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle
unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the
fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to
comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle
within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs
on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of
compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public
or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control
management conducted by the DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos
(P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four
Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance
program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand
Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the
DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and
apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose, the
Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and
private entities shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other
provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos
(P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years
imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors,
trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty
herein provided.
Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the
PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the
violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;

(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other
similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation;
and
(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the
discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to establish
a compensation, retraining and relocation program to assist workers laid off due to a company's compliance with
the provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be
appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million Pesos
(P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the
DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos
(P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General
Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department, in coordination with the Committees on
Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall
promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this
Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the
prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations
issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 of every
year following the approval of this Act, the progress of the pollution control efforts and make the necessary
recommendations in areas where there is need for legislative action.
Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint congressional
oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5)
senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively, the oversight committee shall be co-chaired by a senator and a representative
designated by the Senate President and the Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the
performance of the duties and functions by the respective existing oversight committees of the Senate and the
House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the application of such provision to any
person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision
to other person or circumstances shall not be affected by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152,
1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations
inconsistent herewith are hereby repealed or modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
Republic Act 9003: Ecological Solid Waste Management Act of 2000
Year of Enactment and
Implementation

Enacted in 2000 / Enforcement 2003

Purpose

Republic Act 9003 provides a systematic, comprehensive, and ecological solid waste
management program in the country.

Control Area

Nationwide

Overview

In Metro Manila, every resident generates about half a kilo of wastes a day. With an
estimated population of 10.5 million, total waste generated in Metro Manila alone
could run up to 5,250 metric tons per day or 162,750 metric tons per month or 1.95
million metric tons per year. Definitely, this is a lot of waste to speak of. The situation
is worse if the daily waste generation is to be multiplied to the countrys population of
80 million.
Given the voluminous wastes generated daily, only about 73% of the 5,250 metric tons
of wastes in Metro Manila are collected by dump trucks. The remaining 27% of our
daily wastes or about 1,417.5 metric tons end up in canals, vacant spaces, street
corners, market places, rivers, and the like.
The gravity of this environmental concern was underscored with the Payatas dumpsite
tragedy in Quezon City when some 60,000 cubic meters of waste slid down the
northern part of the dumpsite killing about 250 people. This tragedy accelerated
national realization that a systematized management of the countrys wastes is an

emergency matter.
Features

Establishment of the National Solid Waste Management Commission and the National
Ecology Center which will oversee and ensure the implementation of the Act, and
undertake training and education of the Act, respectively;
Creation of Solid Waste Management Boards at the provincial, city/municipality and
barangay levels;
Preparation of a National Solid Waste Management Status Report that will contain an
inventory of existing solid waste facilities, waste characterization, waste generation
projections and other pertinent information. The report will be the basis for the
development of a National Solid Waste Management Systems Framework which will
eventually guild local government units (LGUs) in the preparation of their respective
plans;
Diversion of 25% of solid wastes by LGUs from waste disposal facilities through reuse,
recycling and composing activities within five years after the effectivity of the Act;
Establishment of a Materials Recovery Facility in every barangay or cluster of
barangays;
Closure/upgrading of open dumpsites into controlled dumpsites within three years
after the effectivity of the Act;
Mandatory waste segregation and recycling at the barangay level;
Civil, criminal and administrative liability of violators;
Incentives will be given to LGUs, private entities and NGOs to encourage participation
in ecological solid waste management;
Fees shall be levied on all waste generators for solid waste management services.
Fines and penalties have also been set for violators.

RA9003 SECTION 48 PROHIBITS BURNING GARBAGE

It is Section 48 of Republic Act No. 9003, otherwise known as Solid Waste Management Act, which particularly prohibits open burning or
"pagsisiga" in the Philippines.
How much is imposed on violators of this law?
Violators will be fined or charged not less that P300.00 but not more than P1,000.00.
How long will you have to stay in jail if caught with this violation?
Violators will be imprisoned not less than one day to not more than 15 days.