BROWN LAWS

by:

ATTY. DANIEL M. NICER, CESO II

DENR Assistant Secretary
 Environmental Laws -

The Philippine Clean Air Act of 1999 (RA 8749)

The Clean Water Act of 2004 (RA 9275)

The EIS Law (PD 1586, etc.)

The Solid Waste Mgt Act (RA 9003)

The Toxic Substances and Hazardous Waste Act (RA

6969)
 OBJECTIVES OF THE LECTURE:

Provide some conceptual analysis of the

provisions

Multi-dimensional view

Inter-relationships with each other and other

environmental laws, especially during
implementation
 Conceptual Analysis -
See scientific concepts upon which the
provisions are based

Discover gaps

Consider the legislative intent

Multi-Dimensional View -
Law as a Planning Document

As Administrative Law

As Civil Law

As Criminal Statute

As Domestic Law w/ Internatl Concern

 THE PARTS
I. Hortatory Provisions/Definition of Terms

II. Provisions for Environmental

Management Planning

III. Classical Legal Provisions

 HORTATORY PROVISIONS
(CLEAN AIR ACT)
SEC. 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.
 HORTATORY PROVISIONS
(CLEAN WATER)
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.
 HORTATORY PROVISIONS

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;
 HORTATORY PROVISIONS
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.
Industrial Revolution (UK 1780s; US
1800s; Developing Nations 1900s)
Much of the
deterioration
of the earths
atmosphere
is attributed
to the
Industrial
Revolution

Carnegie Steel Mills in

Pennsylvania in 1880s
1960s onwards in US; Philippines
1970s onwards)

The Silent Spring

Massive Pesticide Pollution was killing
birds and bodies of water
 Protection of the Atmosphere is a
Global Concern
U.S. Clean Air Act of 1970 enacted to control pollution from industries
and motor vehicles

U.S. Clean Air Act of 1990 amended the 1970 Clean Air Act; placed limits
on industrial pollutants that cause acid rain; called for reductions in
toxic and carcinogenic chemicals released by U.S. factories and
reduction in automobile emissions; included reductions of 50 percent in
industrial emissions of sulfur dioxide and nitrogen oxide, 70 percent in
carbon monoxide from automobiles, and 20 percent in other emissions;
250 toxic chemicals were to be monitored by the Environmental
Protection Agency; industries would be required to use the best
available technology to prevent release of such wastes

1992 United Nations Framework Convention for Climate Change

- Reflected global concern that human activities have been

substantially increasing the atmospheric concentrations of greenhouse
gases, that these increases enhance the natural greenhouse effect,
and that this will result on average in an additional warming of the
Earth's surface and atmosphere and may adversely affect natural
ecosystems and humankind,
 Legislative Intent
In his sponsorship speech, then Congressman
Heherson Alvarez pointed to the environmental
consequences of industrialization and
urbanization. The studies showing adverse effect
of lead in the mental development of children.

In his sponsorship speech, then Congressman Neric

Acosta mentioned that air quality of Metro Manila
grossly exceeded international standards for clean
air (as much as 3 times)
 SOME PRINCIPLES

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.
 DEFINITION OF TERMS
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
radioactive substances;
 DEFINITION OF TERMS
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;
 DEFINITION OF TERMS
j. Greenhouse gases means those gases
that can potentially or can reasonably be
expected to induce global warming,
which include carbon dioxide, oxides of
nitrogen, chloroflourocarbons, and the
like
 Air heterogenuous
mixture of gases

N2 (78%) + O2 (21%) = 99%

Argon + CO2 + methane

+ H2 + He + O3 + etc. = 1%
 Air heterogenuous
mixture of gases

CO2 , methane

air pollutants and green house

gases are normal components of air,
why?
- emitted by life forms and the earth
(volcanoes, lakes, etc.)
 The Second Law of
Thermodynamics

- law of entropy is the ultimate source of the

concept of pollution

- life forms must cope with entropy by

continuous compensatory actions

- environmental planning is the human

communitys rational way of dealing with
environmental entropy
 Environmental Mgt. Planning (Air)
Natl Air Quality Status Report
Multi-sectoral Consultation

Data Gathering Air Quality Improvt Framework

Enforcement
Public Consultation

Local Action Plan Air Quality Control Action Plan

Environmental Mgt. Planning (Water)

Natl Water Quality Status Report

Report to Congress Integrated Water Quality Mgt. Framew

Enforcement
Public Consultation

Natl groundwater map

Ten Year Water Quality Mgt.
Guidelines &
Area Action Plan
Effluent standards
 Environmental Mgt. Planning (Air)
SEC. 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.

To effectively carry out the formulated action plans, a Governing

Board is hereby created. The Board shall be headed by the
Secretary of the DENR 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.
 Environmental Mgt. Planning (Air)

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.
 Water Mgt. Planning
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.
 Water Quality Management
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.
 Environmental Mgt. Planning
(Air Emissions Regulation)
SEC. 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.
 Environmental Mgt. Planning
(Fuel Regulation)
SEC. 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).
 Environmental Mgt. Planning
(Fuel Regulation)
SEC. 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.
 Water Quality Mgt.
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.
 Water Quality Mgt.
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.
 Classical Provisions (Air)
Administrative Legal Enforcement

Criminal Sanctions

No civil liabilities except financial guarantee

mechanisms in relation to the EIS System
under PD 1586 (for emergency response, clean-up or
rehabilitation)
 Administrative Enforcement
SEC. 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.
 Administrative Enforcement
SEC. 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.

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.
 Administrative Enforcement
SEC. 46. Violation of Standards for Motor Vehicles.-

Any vehicle suspected of violation of emission standards through

visual signs, such as, but not limited to smoke-belching, shall be
subjected to an emission test by a duly authorized emission
testing center. x x x
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).
 Criminal Sanctions
A. Violations of Permitting Requirements for Stationary
Sources

SEC. 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.
 Criminal Sanctions
B. Exceedance of Standards for Stationary Sources

SEC. 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.
 Criminal Sanctions
Offenders shall be punished with
imprisonment of not less than six (6)
years but not more than ten (10) years

- no criminal sanctions for violations of

standards for mobile sources
 Novel Provisions
Ban on Incineration
- reduced options for solid waste mgt.
Citizens Suits (Also RA 9003)
- universalized legal standing in court
SSLAAPP Suits (Also RA 9003)
- amended the Rules of Court by making
mandatory determination of harassment
nature of suit within thirty (30) days
 Ban on Incineration
SEC. 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.
 Citizens Suit
SEC. 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.
 SSLAAPP Suit
SEC. 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 attorneys
fees and double damages.
 SSLAAPP Suit
- unfortunately, neither the law and the IRR
provide for the quantum of proof required in
the determination whether the suit is a
SSLAAPP suit.

Substantial evidence?
Preponderance of evidence?
Clear and convincing evidence?
Prima facie evidence?
 Administrative Enforcement (Clean
Water)
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.
 PENAL PROVISIONS (Clean Water)
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 geothermalliquids 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;
 PENAL PROVISIONS (Clean Water)
SECTION 27. Prohibited Acts. The following acts are hereby prohibited:

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.
 Administrative and Criminal
(Clean Water)
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.
 Contrast Between Clean Air and
Clean Water Acts

- All violations under the Clean Water Act

except those under the EIS System are
originally cognizable by the PAB. Thus, lack
of permit or violation of permit conditions
must be submitted to the PAB, not the EMB
 EIS Law (PD 1586)
Established the Phil. Environmental Impact
System

- Pro-active environmental mgt.

- Multi-stakeholder
- Transparency and accountability
 EIS Law (PD 1586)
Project Classification:

1. Class A (Environmentally Critical Projects:

e.g. Mining, Logging, etc.)
2. Class B (Environmentally Critical Areas)
3. Class C (Environmental Enhancement)
4. Class D (Not covered)
 EIS Law

Environmental Compliance Certificates (ECC)

- required only for Class A and Class B

Projects
ACTUAL ENFORCEMENT
 STATIONARY SOURCES
EIS SYSTEM no ECC Fine

viol ECC cond Fine

PERMIT SYSTEM no Permit COURT Fine/Imprisonment

viol Permit cond DENR Suspension/Revoked

MONITORING SYSTEM
Regular Self-monitoring

Exceed Standards False Statement Perjury Fine/Prison

PAB ADJUDCTN Gross Viol COURT Imprison

Ord. Violation fine/suspension/closure
 MOBILE SOURCES (motor
vehicles only)
PERMIT SYSTEM no permit no MVR

MONITORING SYSTEM

Exceed standards

DOTC PROCESS fine/order repair/distraint of vehicle

 MOBILE SOURCES
- Regulations and standards for air emissions
from other mobile sources such as sea
vessels and airplanes shall be formulated by
the DENR to be enforced by the DOTC
 RA 6969
Subject

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.
 RA 6969

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 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 DENR)

the manufacturer, processor or importer shall submit the

following information:

1. the name of the chemical substances;

2. its chemical identity and molecular structure;
3. proposed categories of use;
4. an estimate of the amount to be manufactured,
processed or imported; processing and disposal thereof;
and
5. any test data related to health and environmental effects
which the manufacturer, processor or importer has.
 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;
 Section 14. Criminal Offenses
and Penalties. -
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;
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.
 Persistent Organic Pullutants
PCBs are regulated through DAO 2004-1
which was also issued pursuant to RA 6969
 Ecological Solid Waste
Management Act (R.A. No. 9003)
Sec. 10. Role of LGUs in Solid Waste Management.
Pursuant to the relevant provisions of R.A. No. 7160,
otherwise known as the Local government code, the
LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this
Act within their respective jurisdictions.

Segregation and collection of solid waste shall be

conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
Provided, That the collection of non-recyclable materials
and special wastes shall be the responsibility of the
municipality or city.
 Ecological Solid Waste
Management Act (R.A. No. 9003)
Sec. 10. Role of LGUs in Solid Waste Management.
Pursuant to the relevant provisions of R.A. No. 7160,
otherwise known as the Local government code, the
LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this
Act within their respective jurisdictions.

Segregation and collection of solid waste shall be

conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
Provided, That the collection of non-recyclable materials
and special wastes shall be the responsibility of the
municipality or city.
 Sec. 48. Prohibited Acts. The
following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in
violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;
(11) Importation of consumer products packaged in non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as recyclable or with recyclable content;
(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this
Act and not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer,
groundwater reservoir, or watershed area and or any portions thereof.
 Sec. 49. Fines and Penalties.
(a) Any person who violates Section 48 paragraph (1) shall, upon conviction, be punished with a fine
of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15)
days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Section 48, pars. (2) and (3), shall, upon conviction be punished with a
fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days,or
both;
(c) Any person who violates Section 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished
with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand
pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6)
months, or both;
(d) Any person who violates Section 48, pars (8), (9), (10) and (11) for the first time shall, upon
conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not
lessthan five percent (5%) but not more than ten percent (10%) of his net annual income during
the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3)
years at the discretion of the court, shall be imposed for second or subsequent violations of
Section 48, pars. (9) and (10).

(e) Any person who violates Section 48, pars. (12) and (13) shall, upon conviction, be punished with a
fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand
pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3)
years, or both;
(f) Any person who violates Section 48, pars. (14), (15) and (16) shall, upon conviction, be punished
with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six
(6) years, or both.
END