The water Code of the Philippines vests upon the National Water Resources Council the administration and enforcement of the provisions thereof. The following rules and regulations are hereby promulgated: a) appropriation of water for any purpose stated under Article 10 of the Code except for family domestic purpose provided under Article 6: b) change in purpose of the appropriation; c) Amendment of an existing permit / authority; d) Temporary appropriation and use of water; e) Developing a stream,
The water Code of the Philippines vests upon the National Water Resources Council the administration and enforcement of the provisions thereof. The following rules and regulations are hereby promulgated: a) appropriation of water for any purpose stated under Article 10 of the Code except for family domestic purpose provided under Article 6: b) change in purpose of the appropriation; c) Amendment of an existing permit / authority; d) Temporary appropriation and use of water; e) Developing a stream,
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The water Code of the Philippines vests upon the National Water Resources Council the administration and enforcement of the provisions thereof. The following rules and regulations are hereby promulgated: a) appropriation of water for any purpose stated under Article 10 of the Code except for family domestic purpose provided under Article 6: b) change in purpose of the appropriation; c) Amendment of an existing permit / authority; d) Temporary appropriation and use of water; e) Developing a stream,
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Attribution Non-Commercial (BY-NC)
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Implementing Rules and i) Dumping of mine tailings or wastes Regulations into Pursuant to the Water Code of the a river or a waterway; Philippines vesting upon the National j) Such other instances that will Water require a Resources Council the administration permit/authority as determined by and the enforcement of the provisions Council. thereof, the In the following instances the following rules and regulations are granting of permit/authority required hereby under promulgated: the provisions of P.D. 1067, is RULE I delegated by APPROPRIATION AND the Council to the corresponding UTILIZATION OF WATERS agencies Section 1. When permit/Authority indicated and permit/authority from the National Water Resources pertaining to Council Must any of these instances shall be be Secured. – As required under the secured from provisions of P. D. 1067, a the agency delegated: permit/authority a) Excavation for the emission of a shall be secured from the Council in hot the spring – Ministry of Energy; following instances: b) Cloud seeding to induce rainfall – a) Appropriation of water for any Philippine Atmospheric Geophysical purpose & stated under Article 10 of the Code Astronomical Service Administration except for family domestic purpose (PAGASA); provided under Article 6: c) Recharging ground water supplies b) Change in purpose of the – appropriation; National Pollution Control c) Amendment of an existing Commission. permit/authority, such as change in Whenever necessary the Council point or nature of diversion, amount may exercise any of the above of delegated appropriation, period of use, etc; authorities. d) Transfer or lease of water right; Section 2. Qualification of e) Temporary appropriation and use Applicants of for Permit/Authority. – Only the water; following f) Developing a stream, lake, or may file an application with the spring for Council for recreational purposes; permit/authority: g) Lowering or raising the level of a) Citizens of the Philippines; the b) Associations, duly registered water of a lake, river or marsh, or cooperatives or corporations to be developed such as: organized a) Certificate of Title; under the laws of the Philippines, at b) Tax Declaration: least 60 percent of the capital of c) Certificate of Land Transfer; or which d) Contract of lease , if applicant is is owned by the citizens of the a lessee. Philippines; 2. Location Plan of Area showing: c) Government entities and a) Point of Diversion determined instrumentalities, including graphically by its latitude and government longitude; owned and controlled corporations. b) Delineation of area indicating Section 3. Place of Filing hectareage for which water will Applications. be used and adjoining lands and - Except for those on cloud seeding, their corresponding owners any duly indicated relative to the application for permit/authority in point of diversion; Section c) Nature of diversion works, 1 shall be filed with the Office of the whether temporary or Public permanent; manner of Works District Engineer, the NIA appropriation, whether by provincial Irrigation Engineer, NPC gravity pump; kind of crop; and Regional Managers or the LWUA approximate location or Water conveyance canal or conduit; District General Manager whichever and is d) In case of appropriation of designated as gently by the Council ground water, location and in the spacing of proposed drilling province where the point of diversion sites, kind of crop, and is approximate location or Philippine Environmental Laws Water conveyance canal or conduit in Helping Communities Defend the Earth lieu of items (a) and (c) above. 17 B. For a Water Permit for Hydraulic situated in the case of appropriation Power Development and Industrial of Purposes, or for a Permit to Dump waters or where the project is Mine Tailings or Wastes – located in all 1. Location, and conceptual plans on other cases. convenient scale showing the Section 4. Form and Requirements source of water, layout of proposed of works, and point of diversion Application. - All applications shall be determined graphically by its filed in latitude and longitude; the prescribed form, sworn to by the 2. Brief description of project, applicant and supported by the including among others, how water following: will be used, amount of water A. For a Water Permit for Agricultural needed for the purpose, power Purposes – expected to be generated if 1. Any document of applicable, amount of water to be ownership/possession of the land discharged back to the source and measures to be taken to insure that conditions therefor. such waters are not polluted, other D. For a Water Permit for relevant information; Recreational, 3. Articles of Incorporation or Articles Fisheries and Other purposes – of Partnership in case applicant is a 1. Location and conceptual plan private corporation or partnership, showing the relative location of the or certificate of registration in case project with the body of water to be of cooperatives; and utilized for the purpose, determined 4. When the application is for graphically by its latitude and industrial use of ground water, the longitude; location and spacing of drilling well 2. Brief description of the project sites instead of diversion point including among others, how the should be indicated in the location water is to be used, area of water plan. surface needed for the purpose or C. For a Water Permit for Municipal amount of water to be appropriated Purposes – and location of diversion canal if 1. Location, topographic and layout diversion is to be made, scheme of map showing the relative position development, and other relevant of source area to be supplied, and information; and diversion point determined 3. Articles of Incorporation or Articles graphically by its latitude and of Partnership in case applicant is a longitude; private corporation or partnership, 2. Brief description of the project, or Certificate of Registration in case including nature and amount of of cooperatives. water to be used, population and E. For a Permit for Drainage area to be served, and other Purposes – pertinent facts and information; 1. Brief description of project for Philippine Environmental Laws Water which drainage scheme is necessary; Helping Communities Defend the Earth 2. Location and layout maps of 18 drainage works showing area to be 3. Articles of Incorporation or Articles drained, route of drainage canal and of Partnership in case applicant is a drainage outlet which should be a private corporation or Partnership, natural body of water or a natural or Certificate of Registration in case waterway; of cooperatives; 3. Articles of Incorporation or Articles 4. When the application involves the of Partnership in case applicant is a use of groundwater, the location private corporation or partnership, and spacing of drilling well sites or Certificate of Registration in case determined graphically by latitude of cooperatives. and longitude should be indicated in F. Such other documents that may the location plan; and be 5. When it involves the reuse of required by the Council. waste Section 5. Other Requirements. – In water for human consumption, the addition to the requirements under application should be accompanied Section by a clearance from the Department 4, the following are required in the of Health allowing the reuse of said specific waste water and setting forth the instances indicated: A. For Well Drilling – Except when Section 6. Filing Fee. – There shall manual well drilling will be be imposed and collected a fee of employed, One all applications involving extraction Hundred Pesos (P100.00) from every of applicant, except government ground water shall include the name agencies, of water districts, and duly organized a duly licensed well driller who will associations or cooperatives for undertake the drilling. Except for irrigation or manual well drilling, no person shall rural water supply which shall be engage in the business of drilling paid to the wells Council in postal money order thru for the purpose of extracting ground the water without first registering as a office where the application is filed. well Section 7. Water Charges. - Except driller with the Council. when the appropriation is for family B. For Transfer of a Water Permit – domestic purposes or when the Applications for the transfer of a quantity of water water appropriate for agricultural permit from one person to another use is not shall more than 5 liters per second, all include the reasons for the transfer. appropriators shall pay to the C. For Lease of a Water Permit - Council in the Applications for the lease of a water manner provided under Section 6 permit to another person shall be hereof, an accompanied by a duly executed annual water charge in accordance contract of lease subject to the with the approval following schedule: of the Council. No contract of lease A. For the use of water when shall be for a continuous period diverted/extracted from the natural exceeding five (5) years; otherwise source: the Rate of Withdrawal contract shall be treated as a Charge per liter/sec. (liters/second) transfer of 1) Not more than 30 P0.50 permit in favor of the lessee. 2) More than 30 but not exceeding Philippine Environmental Laws Water 50 Helping Communities Defend the Earth P0. 75 19 3) More than 50 P1.00 D. For all Applications to Appropriate B. For the use of surface water at its Water - Water permit applications natural location for fish culture: filed 1) For a surface area not exceed 15 for any purpose shall be hectares – P20.00/ha. accompanied 2) For a surface area of more than by a Certificate of tree planting, 15 survival, or completion as the case hectares – P300 plus P30/ha. of the may excess over 15 hectares. be in the name of the applicant as For this purpose a fraction of a provided under P. D. 1153. hectare shall be considered as one a) Barangay Chairman of the place hectare. where The Council may revise the above the point of diversion is located: water charges or impose special b) Municipal Secretary of the town water rates the from time to time as the need arises point of diversion is located; taking c) The Secretary of the Sangguniang into consideration, among others, Panlalawigan of the province where the the following: point of diversion is located; a) Intended use of water; d) Public Works District Engineer or b) Quantity/rate of water withdrawal Provincial Irrigation Engineer as the vis-àvis case may be. other users taking into account the Philippine Environmental Laws Water water bearing potential of the Helping Communities Defend the Earth source; 20 c) Environmental effects; Copies of the notice of application d) Extent to which water withdrawal shall, likewise, be furnished to will concerned affect the source; and Regional Offices of the Ministry of e) Development cost of bringing Public water Works, National Irrigation from the source. Administration. Section 8. Processing, Posting and National Power Corporation and Sending of Notices of Applications. – Ministry Upon of Natural Resources and Local receipt of an application for water Water permit, District Office, if any. the Office concerned shall process Section 9. Action After Posting of the same Notices for Appropriation of Surface to determine compliance with the Waters. – requirements prescribed in Section 4 A. Investigation and Studies hereof. After seven (7) days from the first If found in order, and upon payment day of the of posting of notice at the office filing fee, notices of the application where the application is filed, the shall be office posted in a conspicuous place in said concerned shall determine: office 1) The approximate seasonal and shall remain posted for a period discharge of Sixty of the water source; (60) days. Notices of application 2) The amount of water already shall appropriated for beneficial use; likewise, be sent by the said office to 3) The water requirement of the the applicant as determined from the following for posting in a standards of beneficial use conspicuous place prescribed by the Council; for the same period. 4) Possible adverse effects on Regional Irrigation Director who shall existing transmit the same to the Public grantees/permittees or public/ Works private interest; Regional Director. 5) Environmental effects; In cases of applications for 6) Land-use economics; hydraulic power, the Public Works 7) Whether the area to be irrigated Regional can Director shall transmit the be integrated with that of an application, thru existing or proposed irrigation the Central Office of the National association for common irrigation Power facilities and Corporation, Manila, which shall 8) Other relevant factors. forward B. Protests on Applications – Any the same to the Council with its person comments who may be adversely affected by and recommendations within thirty the (30) proposed appropriation may file a days from receipt thereof. verified protest with the Council or Section 10. Action After Posting of with Notices for Appropriation of Ground deputized agency investigating the Water. – application within sixty (60) days A. Permit to Drill – The application to after appropriate ground water shall be posting of the Notice of Application processed for adherence to in requirements and shall be the office where the application was investigated filed. in the field to determine any adverse Protests to an application for water effect to public or private interest. permit shall be governed by the Protests on the application shall be rules governed by Section 9-B hereof. If prescribed for resolving water use the controversies. application meets the requirements C. Action on Application – Within and thirty has been found not prejudicial to (30) days from the first day of public posting or private interest it shall be of notice, the Office investigating the transmitted, following the application shall transmit the same requirements together with all the records, of Section 9 hereof, to the Regional findings of Director of the Ministry of Public facts and its comments and Philippine Environmental Laws Water recommendations, as well as those Helping Communities Defend the Earth government agencies, if any, to the 21 Council for final action through the Works who is hereby authorized to Public Works Regional Director. issue the permit to drill which shall In cases of application for irrigation, be the report shall also be coursed thru subject to the following conditions: the 1) Drilling operations shall be in accordance with the rules provided 6) Adequacy of proposed well, works, herein; plans and specifications towards 2) The rate of water withdrawal to be meeting prescribed standards; and approved shall be determined after 7) Comments and/or pumping tests and shall in no case recommendations of other agencies. exceed the rate stated in the D. Final Action on Application – application; Within 3) A permit to drill shall remain valid thirty (30) days from the first day of for six (6) months, unless a longer receipt of report of well drilling period is allowed by the Council for operations, the Office investigating reasonable grounds; and the 4) The permit to drill shall be application shall transmit, through regarded the as a temporary permit, and the Public Works Regional Director, to regular permit shall be issued after the the rate of water withdrawal has Council, for final action the been determined. application B. Result of Drilling Operations – A for water permit, together with all report on the result of the drilling the operations shall be submitted to the records, findings of facts and its investigation office within the 6- comment and recommendations as month well period stated in the preceding as those of other government section. agencies. The report shall include a description Section 11. Council Action. – The of Council shall approve or disapprove each drilling site, the drilling log, the applications for water permits, within yield of the well and the assessment sixty of (60) days after receipt of data obtained. recommendation C. Investigation and Studies – Upon of its deputized agent and other receipt of the report on drilling agencies operations the investigating office requested to comment, unless a shall longer consider the proposed withdrawal of period is needed for the disposition ground water in relation to the of following: protests filed with the Council. In 1) Safe yield of the source, cases of reasonable application for industrial use or in or feasible pumping lift; cases of 2) Beneficial use; such other use where waters may 3) Adverse effects on existing lawful become users of water or to public or polluted, the Council shall refer the private interest: application to the National Pollution 4) Effects on the environment; Control Commission for comment 5) Danger of contamination of and aquifers, deterioration of water recommendation. If deemed quality or salt water intrusion; necessary, the Council shall refer the application to impose, and to any, or all of the other following agencies concerned as the case may conditions: be. a) That within one (1) year from the Section 12. Water Permit. – receipt of the permit the applicant Approved applications shall be shall issued water submit to the Council for approval, permits subject to such conditions as the the plans and specifications for the Council may impose. Such permit diversion works, pump structure, must bear water the seal of the Council and the measuring device, and other signature of required the Executive Director. A copy of structures and in addition for private said sector projects the implementing permit shall be furnished to the schedules of construction. No Office construction work or private sector where the application was filed. projects shall commence until the Disapproved applications shall be plans, returned specifications and implementing to applicants through the office schedules are duly approved. When where the the Philippine Environmental Laws Water diversion dam is temporary and less Helping Communities Defend the Earth than two (2) meters high, the 22 submission of plans for the dam may same was filed, within thirty (30) not be required. days of b) The construction of the necessary such disapproval, stating the structures and diversion works shall reasons begin within ninety (90) days from therefor. the The Council shall, moreover, date of receipt of the approved furnish periodically all PW Regional plans, Directors, PW District Engineers, and specifications and implementing NIA schedules and shall be completed Regional Directors and Provincial within Irrigation the approved schedule unless Engineers, a list of approved water extended permits by the Council for valid or justifiable granted within their respective areas reasons: Provided, that water shall of not jurisdiction. be diverted, pumped or withdrawn Section 13. Conditions in Permits. – until Water Permits issued by the Council after such structures and works shall shall have been inspected and approved be subject to such terms, restrictions by and the Council, unless otherwise limitations as it may deem proper to allowed. Except in cases of emergency to multi-purpose development, subject save to life or property or repairs in compensation in proper cases. accordance f) The Council shall revoke or with plans originally approved, the suspend the alteration or repair of these permit if the permittee violates structures effluent/water quality standards as shall not be undertaken without the determined by the National Pollution approval of the Council. Control Commission. c) The right of a permittee to the g) At any time after completion of Amount diversion works and necessary of water allowed in the permit is only structures, non-use of the water for to the the portion or extent that he can use purpose stipulated in the permit for beneficially for the purpose stated in a the period of three consecutive years, permit. The diversion of the water shall shall render said permit null and void, be from the source and for the except purpose as the Council may otherwise allow indicated in the permit and in no for case reasons beyond the control of the should said use exceed the quantity permittee. and h) Any person in control of a well period indicated therein. In gravity shall diversions, regulating gates of the prevent the waste of water canal therefrom shall be closed when water is not Philippine Environmental Laws Water needed. Helping Communities Defend the Earth d) The Council may, after due notice 23 and and shall prevent water from flowing hearing, reduce at anytime the onto the surface of the land or into quantity any of water or adopt a system of surface water without being apportionment, distribution, or beneficially rotation used, or into any porous stratum thereof when the facts are underneath the surface. circumstances in any situation would i) Any person in control of a well warrant the same in the interest of shall the prevent water containing mineral or public and/or legal appropriations. other substances injurious to the e) The Council may, after due notice health and of humans or animals or to hearing, revoke the permit in favor agriculture of or vegetation from flowing onto the projects for greater beneficial use or surface of the land or into any for surface or into any other aquifer or porous stratum. Council to determine compliance Section 14. Periodic and Final with the Inspection of Project – The council or conditions imposed in the permit and its such authorized agents who investigated other order, rule or regulation the the Council application may conduct periodic may issue. inspection Section 17. Certificate of while construction, alteration, or Compliance. repair is in – The Council shall issue a certificate progress as well as final inspection of thereof compliance to the permittee/grantee to ascertain whether or not the same after is in being satisfied that the construction accordance with approved plans and of the specifications. necessary structures in connection A report of inspection within ten with the (10) days from date thereof shall be water permit have been duly submitted to the Council thru the complied with. Public Such certificate shall bear the Work Regional Director. signature of Section 15. Notice and Completed the Executive Director. Structures/Diversion Works. – The Section 18. Revocation of Permit. – permittee Any permit issued pursuant to these shall inform the Council or its deputy rules concerned, that the necessary may be revoked by the Council, after structures and due diversion works required have been notice and hearing, for any of the completed in accordance with grounds approved provided herein or in the Code. plans and specifications. Section 19. Recurrent Water In addition, in cases of Shortage. appropriation of ground water the – For the purpose of Articles 22 and permittee 26 of shall inform the Council as to the the Water Code, recurrent water depth and shortage diameter of the well, the drilling log, shall mean the natural periodic the diminution specifications and location of of water in a source of supply to a casings, volume cementing, screens and perforations, or rate of flow insufficient to meet and the water the results of tests of capacity, flow, requirements of all legal drawdown, and shut-in pressure. appropriator Section 16. Inspection of Works. – therefrom. Inspection of the premises shall be Section 20. Basic Diversion conducted by any person deputized Requirement for Agricultural Use. – by the Except when otherwise justified by type of c) Dikes, levees, revetments, irrigation system, soil conditions, bulkheads, kind of piers, breakwaters and other similar crop, topography and other factors, structures or devices that effect the water direction or level of materials in permits for agricultural use shall be rivers, granted lakes, and in maritime waters; and on the basis of one liter per second Other structures not included in the per above enumeration shall be hectare of land to be irrigated. approved by the Section 21. Construction/Repair of proper government agencies as may Other Structures. – Apart from the be structures designated by the Council. required under Section 13 and The approving officials shall except in prescribe the procedure for filing, cases of emergency to save life or processing and approval of the plans property, and or repair in accordance with plans specifications. Structures required in previously approved, the water construction or permits shall be approved as repair of the following structures prescribed shall be under Section 13 hereof. undertaken only after plans and Section 22. Establishment of specification therefor are approved Easements. – Actions for the by the establishment Philippine Environmental Laws Water of easements under Article 25 of the Helping Communities Defend the Earth Code 24 shall be governed by the Rules of Administrator of the National Court. Irrigation Section 23. Establishment of Administration when the structure is Control for an Areas. – When the Council deems it irrigation project, or by the Minister necessary to declare a control area, of it shall Public Works in all other case publish the same in three (3) enumerated newspapers of hereunder: general circulation setting forth the a) Off-stream water impounding purpose structures except earth-fill of the declaration, the geographic embankments less than 10 meters limits of high the control areas, and the from the natural ground surface; regulations b) Barrages across natural necessary to achieve its objectives. waterways Section 24. Coordinated Use of except temporary dams for irrigation Waters less than two (2) meters high from in Control Areas. – In control areas so the declared for the coordinated stream bed; development, protection, and utilization of ground larger system. In cases where the and supply surface waters, the appropriation of from the larger system is not surface adequate, water shall, in general, have the permit may be modified preference over accordingly. that of ground water and, except as b) When there is need to use water otherwise allowed by the Council, a for permit municipal purposes in emergency for the appropriation of ground water situations pending the availability of is an valid only to the extent that it does alternative source of supply as not provided prejudice any surface water supply. in Article 22 of the Code; Section 25. Registration of Wells in c) For special research projects Control Areas. – In declared control requiring areas, all the use of water for certain period of wells without water permits, time; including those d) For temporary use of water for domestic use, shall be registered needed for with the construction of roads, dikes, the Council within two years from buildings, and other infrastructures; the and declaration otherwise any claim to a Philippine Environmental Laws Water right on Helping Communities Defend the Earth a well is considered waived and use 25 of water e) When there are unforeseen delays therefrom shall be allowed only after in the a approval of the application and water permit is secured in appropriation of water is necessary accordance with pending the issuance of a water Rule 1 hereof. permit, Section 26. Temporary Permits. – unless the application is protested. The Temporary permits shall be granted Council may grant temporary by the Council on a case to case permits for basis the appropriation and use of water in specifying the conditions and period situations such as the following: under a) Irrigation of an area pending the which the permit is valid. The construction of a larger system to be Council may operated either by the government delegate the issuance of temporary or permits by any irrigation association which for a period of not exceeding six (6) will months serve said area. Such permit shall and a quantity of not more than 200 automatically expire when water liters becomes available for the area from per second. the RULE II CONTROL, CONSERVATION AND which does not cause inundation or PROTECTION OF WATERS, the WATERSHEDS AND RELATED highest equinoctial tide whichever is LAND RESOURCES higher. Section 27. Prohibited Construction Any construction or structure that on encroaches into such easements Navigable or Floatable Waterways. – shall be Except ordered removed by the Minister of when allowed under these rules, the Public building of dams, dikes, or any Works. structure or Section 28. When Permit/Authority works or the introduction of fish from the Minister of Public Works is contraptions or other devices which Required. – encroach into any public navigable A permit/authority shall be secured or from floatable river, stream, coastal the Minister of Public Works in the waters, following instances: creeks, esteros or drainage channels a) Construction of dams, bridges and or other other structures in navigable or navigable or floatable public waters, floatable waterways, or bodies of water or waterways; which b) Cultivation of river beds, sand obstruct or impede the free passage bars and thereof tidal flats; or cause inundation, shall be ordered c) Construction of private levees, removed by the Minister of public revetments and other flood control Works as and prohibited construction. river training works; and The rules and regulations of the d) Restoration of river courses to Philippine Coast Guard pertaining to former navigation shall be suppletory to beds. these rules. Section 30. Place of Filing Rivers, lakes and lagoons maybe Applications. – Applications for declared by permit/authority under the next the Council as navigable in whole or preceding in part section may be filed with the Public upon recommendation of the Works Philippine District Engineer's Office in the Coast Guard. province Section 28. Determination of where the project is to be Easements. – All easements of public undertaken. use Section 31. Form and Contents of prescribed for the banks or rivers Applications. – All applications shall and the be filed shores of seas and lakes shall be in a prescribed form sworn to by reckoned applicant from the line reached by the highest and supported by the following; flood A. For Cultivation of Rivers Beds, of Partnership in case applicant is a Sand private corporation or partnership, Bars and Tidal Flats – or Certificate of Registration in case 1) Location plan showing the river of cooperatives; and bed, delineation of the area to be 5) Scheme and schedule of cultivated, the adjoining areas and restoration. the corresponding lessees/ D. For Construction of Dams, permittees; and Bridges, 2) Information showing the crops to and Other Structures in Navigable or be planted and the cropping period. Floatable Waterways – Philippine Environmental Laws Water 1) Vicinity map and location plan Helping Communities Defend the Earth showing the river and the proposed 26 structure: B. For Private Flood Control Works – 2) Cross-section of the structure with 1) Location plan showing the river cross-section of the river at the channel, proposed control works location of the structure showing and existing works, if any, in the minimum water level, maximum vicinity; flood level without structure, and 2) Cross-sections of the river channel maximum flood level with structure; in the site; 3) Plan showing extent of maximum 3) Plans and specifications of control flooded area without structure and structures; maximum flooded area with 4) Construction schedule; and structure; 5) Articles of Incorporation or Articles 4) Schemes and details of provisions of Partnership in case applicant is a for passage of watercraft; private corporation or partnership, 5) Construction schedule; and or Certificate of Registration in case 6) Articles of Incorporation or Articles of cooperatives. of Partnership in case applicant is a C. For Restoration of River Courses private corporations or partnership, to or Certificate of Registration in case Former Beds – of cooperatives. 1) Affidavits of two disinterested Section 32. Action on Application. – persons attesting to the The Public Works district Engineer circumstances of the change in the shall course of the river or stream, investigate each application filed including the date when such with his change occurred; Office and, if necessary, conduct 2) Certified copies of the cadastral public plans and technical description of hearings thereon. He shall transmit the lots affected by the river or his stream, showing the former course report and recommendation to the to which the river will be restored. Public 3) A recent survey map of the area Works Regional Director who, after affected undertaken by a licensed proper geodetic engineer indicating the review, shall transmit the application present river course as well as the with old cadastral stream boundaries; its supporting documents and his 4) Articles of Incorporation or Articles recommendations to the Minister of deems it necessary to declare flood Public control Works, for appropriate action. areas for the protection of flood plain Section 33. Limitation on Permits to lands, Cultivate River Beds, Sand Bars and he shall publish the same in three (3) Tidal Flats. newspaper of general circulation – A permit to cultivate river beds, setting sand bars forth the purpose of the declaration, and tidal flats shall be non- the transferable and geographic limits of the declared shall not be construed as authorizing control reclamation of the area covered by area, and the regulations necessary the to permit, or as conferring upon the achieve the objectives. permittee Section 36. Inter-Agency Flood a right of ownership thereof by Plain acquisitive Management Committee. - The prescription. minister shall Section 34. Construction and form an Inter-agency Flood Plain Completion of Work. – The Management Committee for each construction of flood private flood control works and plain declared as flood control area, dams, the bridges and other structures in members of which shall include, but navigable not Philippine Environmental Laws Water limited to, representatives from the Helping Communities Defend the Earth following: 27 a) Ministry of Public Works rivers or streams shall be b) National Power Corporation; undertaken within c) Ministry of Local Government; the approved construction schedule; d) National Irrigation Administration; otherwise the permit shall and automatically be e) National Water Resources Council, cancelled unless a longer period is The functions of this Committee allowed. shall be; Work for the restoration of a river a) To establish close liaison among or stream to its former bed shall be national and local government commenced within the two (2) years entities from and promote the best interest and the date of change in the course of the the river coordinate protection and or stream and completed within one management (1) year of flood plain lands for the mitigation from start of construction. of flood damages viewed in a larger Section 35. Establishment of Flood context to include other aspects Control Areas. - Whenever the such as Minister environmental quality and public health, safety an welfare; operation rule curve for approval b) To provide guidelines for local which governments in the formulation of shall be followed except during regulatory ordinances regarding periods of flood extreme drought and when public plain use and occupancy; interest c) To draft recommend guidelines for so requires, wherein in the Council flood plain management in a may particular change the operation during the flood control area in order to achieve period after the goals and objectives thereof; and due notice and hearing. d) To perform such other functions Philippine Environmental Laws Water as the Helping Communities Defend the Earth Minister may direct. 28 Section 37. Storage and Rafting of The Council shall review Logs. - The Council, through its periodically the rule curve for deputies possible may prohibit or control the rafting or revisions. storage of logs and other objects on A rule is a diagram showing the river minimum water level requirement in and lakes when: the a) It causes pollution of water used reservoir at a specific time to meet for the domestic municipal purposes; and particular needs for which the b) It causes danger to structures reservoir is such as designed. those for irrigation power and flood Furthermore anyone who operates a control. reservoir shall submit to the Council Section 38. Prohibitions and his Requirements on Water plan for handling maximum impoundment. - The discharge with Council shall, upon recommendation a view to avoiding damage to life of the and Ministry of Health, prohibit the property. impounding Section 40. Employment of of water in ponds or reservoirs when: Engineer a) The water is found to contain in Dam Operations. - All operators of excessive storage pollutants; dams exceeding 10 meters, high or b) It will degrade its quality; overflow c) Public health is endangered; and dams exceeding 2 meters high from d) Such other similar situations. the Existing ponds or reservoirs falling stream bed shall make under the aforementioned cases arrangements for the shall be periodic inspection of said structures ordered drained by the Council the and its reservoir operating equipment by a registered civil engineer for the purpose of a) The well shall be so designed and identifying constructed that it will seal off conditions which may adversely contaminated water-bearing affect the formations safety of these structures and giving or which have undesirable advise characteristics; to the operator on the proper b) There shall be no unsealed maintenance openings and operation thereof. around the well which may conduct Section 41. Qualification of Well surface water or contaminated or Drillers. - No person shall be undesirable ground water vertically permitted to to undertake well drilling work unless the intake portion of the well; he is c) All parts of a permanent well shall duly registered with the Council as a be of well durable materials; driller. No person shall be registered d) Wells constructed in a sand or by the gravel Council as a well driller unless he has aquifer shall be provided with a at watertight least any of the following casing to a depth of 1.5 meters or qualifications: more below the lowest expected a) Graduation from high school with pumping level, provided that where three the (3) years experience in will drilling pumping level is less than ten (10) work meters from the surface, the casing unless he is duly registered with the shall driller registered with the Council; or extend three (3) meters below the b) A holder of a bachelor's degree in lowest pumping level, geology or engineering with one (1) e) Casings of wells constructed in year sandstone aquifers where the over experience in actual drilling work. burden consists of unconsolidated Section 42. Permit to Drill a Well. - materials shall be grouted to a Except for domestic use, no person minimum shall depth of ten (10) meters, provided, drill any well for the extraction of that ground should there be an additional water or make any alteration to any overlying existing formation of creviced or fractured well without securing a permit from rock, the the casing shall be grouted to its full Council. depth; For this purpose, only wells with f) Casings of wells constructed in casings not exceeding 75 millimeters limestone, granite or quartzite where in for the the extraction of ground water shall overburden consist of drift materials conform with the following shall be extended to a depth of at requirements: least fifteen (15) meters, and firmly l) In general, spacing requirements seated in except rock formation, provided, where the for wells less than 30 meters deep, overburden is less than fifteen (15) shall meters, the casing shall be extended be in accordance with the table three (3) meters into uncreviced below: rock, ---------------------------------------------------- Philippine Environmental Laws Water --- Helping Communities Defend the Earth ---------------------------------------------------- 29 --- provided, finally, that in no case RATE OF WITHDRAWAL shall MINIMUM DISTANCE BETWEEN the casing be less than 15 meters; IN LITERS PER SECOND g) Well for domestic and municipal WELLS IN METERS water ---------------------------------------------------- supply shall be constructed in --- accordance with sound public health ---------------------------------------------------- engineering practice; --- h) The extent of pumping and 2 - 10 200 extraction More than 10 - 20 400 of ground water shall take into More than 20 - 40 600 consideration the possibility of salt More than 40 1000 water intrusion, land subsidence and The Council, may increase or mining of ground water; decrease the above spacing i) Unless otherwise allowed by the requirements Council, an abandoned well shall be under any of the following properly plugged or sealed to circumstances: prevent a) for low-income housing pollution of ground water, to development conserve projects where home lot size will aquifer yield and artesian head, and limit to available spacing between prevent poor-quality water from one homeowners' aquifer entering another; wells; j) Free-flowing wells shall be b) where the geologic formation may provided warrant closer or farther spacing with control valves or other similar between wells; and devices to control and regulate the c) where assessment of pumping flow test of water from such wells for records on yields, drawdown, circle conservation purposes; of k) Well site shall be provided with influence, seasonal fluctuations in drainage water facilities for the proper table and other technical date on disposal/conveyance of surface ground water wells, drilling and water operation indicate possible closer or flow from the site; farther spacing between wells. In modifying the spacing requirements the following criteria withdrawal shall not exceed that shall be authorized. applied: d) Groundwater mining may be a) no new well shall cause more than allowed 2 provided that the life of the meters of additional drawdown to groundwater reservoir system is any maintained for at least 50 years. existing well; Section 44. Minimum Stream Flows b) where the geologic formation may and Water Levels. - When the warrant closer or farther spacing Council deems between wells: and it necessary to establish minimum c) where assessment of pumping stream test flows for river and stream and/or records on yields drawdown, circle of minimum influence seasonal fluctuation in water level or lakes as provided water under table and other technical data or Article 66 of the Code, it shall notify ground the water wells, drilling and operation public through newspaper that a indicate possible closer or farther public spacing between wells. hearing shall be conducted for such In modifying the spacing purpose. In the conduct of the requirement the following criteria hearing, the shall be following shall be considered: applied: a) Adverse effects on legal a) No new well shall cause more appropriators; than 2 b) Priorities that may be altered on meters of additional drawdown to the any basis greater beneficial use and/or existing well; multi-purpose use; b) If the rate of withdrawal applied c) Protection of the environment, for a control well will cause additional drawdown of pollution, navigation , prevention of of more than 2 meter to any existing salt water damage and general well public the rate of withdrawal applied for use; and shall d) Other factors relevant to the Philippine Environmental Laws Water situation. Helping Communities Defend the Earth In general, the Council shall 30 consider the following criteria in the be reduced to satisfy the drawdown establishment of minimum stream limit. flows of c) The Council shall prescribe the river and stream and minimum water maximum pump size and level horsepower in of lakes. the water permit to so that the rate a) For water quality and of environmental protection the minimum stream flow life, agriculture or vegetation in or concentration exceeding the lake water level shall be estimated maximum based prescribed by the National Pollution on the threshold concentration of Control Commission. pollutant and environmental Tailing dams, ponds or similar requirement in cooperation with the control structure located along river NPCC and NEPC. beds b) For navigation purposes, the whenever required shall be strong minimum enough flow or water level to be provided to withstand the forces in the river shall during be such that the resulting typhoons and flash floods. streamflow or Mine operators shall undertake water level shall remain navigable to appropriate erosion control measure the in their existing vessel that ply the river or mining areas to minimize the lake. amount c) For half conservation sediments therein that will be consideration carried to shall be made such that the resulting river systems. streamflow or lake level will not Section 47. Complaint on Drainage adversely affect the existing fish System Construction. - Any habitat. complaint The minimum flow/water level pertaining to the construction of a provided shall be determined by the drainage Council in consultation with BFAR. system under the provision of Article d) In any case, the minimum 44 of requirement the Code shall be treated under Rule shall be the observed or estimated III absolute stream flow or lake level. hereof. Section 45. Protection of Water Philippine Environmental Laws Water Supply Helping Communities Defend the Earth Sources. - No person shall discharge 31 into any RULE III source of water supply any domestic ADMINISTRATION AND sewage, industrial waste, or ENFORCEMENT pollutant not Section 48. General Guidelines for meeting the effluent standard set by Water Resources Development the Projects/Programs. - National Pollution Control As a general rule, a water resources Commission. project/program may be Section 46. Mine Tailing Disposal. - implemented only Water discharge with mine tailing or if it is in accordance with national waste socioeconomic shall not contain mineral or other developments goals and substances injurious to man, animal, objectives or necessary for the aquatic national security or protection of life and may, if necessary, refer the matter property. to the Any project/program involving the proper deputies or concerned appropriation of water shall be agencies for directed evaluation and comment in towards the optimum single and/or accordance with multipurpose the guidelines before approving the utilization thereof. Whenever same. practicable, projects shall be Section 51. Water Resources conceived and Projects/ viewed according to multi-purpose Programs By Private Sector. – Any water private resource planning concepts within interested party may propose any the area water unit of a river basin. In the case of resources project through the small appropriate scale, water developments projects, agencies and/or deputies who shall development planning of the latter forward shall the same to the Council after proceed alongside the evaluating and implementation of commenting with respect to the the former. above Section 49. Specific Guidelines. - guidelines. The Council, before the approving size and time phase of the projects, may, if necessary, refer projects/programs or shall satisfy appropriate socio- consult with other appropriate economic deputies indicators, more particularly the and/or concerned government benefit-cost agencies. and/or cost effectiveness criteria, Section 52. Requirements of Water their Resources Projects/Programs. – supplementary and complementary Project/ roles to Program proposals shall contain the projects program of other indicators government socio-economics justifications sectoral plans, and their ecological relationship effects. to the National Development Plan, Section 50. Water Resources impacts Projects/ statement on the sectors Programs By Governments Sector. - project/program Government water resources and supports and complement, regional related impact projects/programs shall be submitted statement, environmental by the statement, and proponent agencies to the Council, such other information as the which Council may require. Projects, such as artesian d) watersheds; wells, e) water supply and sewage; spring development and barangay f) water accounting within waterworks for purely domestic and watersheds; municipal use, and such other small- g) other water resources activities scale Each deputy shall gather and projects as the Council may organize determine, shall data in accordance with their be exempted from this requirement. assigned Section 53. Resolution of Council functions for submission to the Arising from Project. – Any conflict Council. involving The Council shall determine the the use of water that may arise from frequency the and type of data to be gathered. project/program proposal shall be Section 55. Information resolved Assessment. - on the basis on the national/regional The Council shall collate and analyze priority and needs, i.e.., need for technical data. It shall also develop power an generation in multi-purpose project indexing system for all its shall be publications reckoned on the quantity on and indicating the data published, water time of resource such needs on the greed basis rather basin involved, basic environmental than indicator, and such other related on a single project basis alone. indices. Any conflict which adversely affects Studies based on data retrieved a particular segment of society, from and/or submitted by the group of deputies may individuals or small community, may be undertaken. A study of the be manpower resolved after a public hearing has requirements of a water resource been sector may conducted by the Council or its be considered in setting up and proper implementing appropriate manpower deputies. development measures. Section 54. Deputies. – The Council It shall also establish a position may appoint a deputy for each or a classification system for employment combination of the following purposes in coordination with water functional oriented agencies and the Office of area related to water resources: Compensation and Position Philippine Environmental Laws Water Classification. Helping Communities Defend the Earth The Council shall initiate and 32 undertake studies of water a) hydrologic and meteorologic data; consumption b) flooding areas and inland patterns along the different purposes waterways; provided in the Code particularly c) lakes and marshes; that of industry. involving policies on the utilization, Section 56. Agents. – The Council exploitation, development, control, may appoint to perform specific conservation of protection of water functions resources shall be reviewed and such as investigation of water permit approved applications, water rights by the Council. Unless the charter of controversies and such other activities as it may assign. agency provides that the same shall Section 57. Committee on be Arbitration. approved by the President, in which – The Council may create and case authorize a the proposed rules shall first be Committee on Arbitration for referred to purposes of the Council for comment. determining the rate of just Section 59. Agreements Involving compensation in Water. – Any agreement among instances provided under the Code. government Such agencies involving the use of water committee shall be composed of the for Council Deputy/Agent who must be a irrigation, hydro-power, industrial, professional technical man as domestic Chairman, the and municipal water supply shall, in Provincial Assessor, and the all Provincial cases, be subject to review and Development Officer of the province approval of where the Council. In the review of such the subject premises is situated agreements, the Council may consult together the with the representative of each of Philippine Environmental Laws Water the Helping Communities Defend the Earth parties involved, as members. 33 The Committee shall take action on parties and other government any claim referred to it by the agencies Council for concerned. evaluation and submit a report Section 60. Disposition of Funds thereon Collected. - All income of the Council within thirty (30) days from receipt from of the fees and charges shall be notice of formation of the Committee remitted to the unless a longer period is required, in National Treasury and treated as a which special case extension maybe granted upon account under the General Fund to authority of the Council. the Section 58. Review and Approval of credit of the Council. The operational Rules and Regulations Involving and Water. - Rules maintenance expenses of the and regulations by any government deputies and agency agents of the Council shall be solely on the ground of adverse financed effects on under this account in accordance the privileges to use water from any with a source special budget to be submitted to shall not be entertained unless the the complainant/protestant is a water Budget Commission. Any generated permittee. surplus Section 63. Place of Filing. – shall be invested for water resources Complaints/Protests may be filed development purpose including but with the not Council or the Office of the Public limited to the purposes envisioned Works under Regional Director or the Public Works Article 81 may be recommended by District Engineer or NIA Provincial the Irrigation Engineer, of the place Council. where the Section 61. Parties in Water Use source of water subject of the Conflicts/Controversies. - The controversy is complaining located. Complaints/protests on the party shall be referred to as use of Complainant/Protestant and the water for hydraulic power party development against whom the complaint is filed shall be filed with either the Council shall be or the referred to as Respondent/protestee. Office of the Public Works Regional Section 62. Complaints. – All Director. complaints shall be in writing sworn Section 64. Filing Fee. - There shall to by be imposed and collected a filing fee the complainant/protestant and must of One contain the following: Hundred (P100.00)Pesos from every a) Name, postal address and complainant/protestant except from personal pauper circumstances of complainant/ litigants in accordance with the protestant; Rules of b) Name and postal address of Court. The said fee shall be paid to respondent/protestee; the c) Substances of the complaint; office where the complaint/protest is d) Grounds or causes of action; filed e) Brief and concise statement of the in the manner provided under pertinent facts and circumstances; Section 6 of f) Relief sought; and Rule 1. g) Names and postal addresses of Section 65. Answer. - Upon receipt witnesses to be summoned, if any. of a complaint/.protest, the All complaints shall be agency/office accompanied by affidavits of concerned shall furnish the witnesses as respondent./protestee a copy and well as supporting documents, if any. such However, complaints/protests filed documents accompanying the reduced in writing and signed by the complaint, parties. and require him to answer in writing Within fifteen (15) days from the within signing ten (10) days from receipt thereof. thereof, a report with comments and Should respondent/protestee fail to recommendation shall be submitted answer within the period provided to the herein, Council for approval. the investigator shall proceed ex Section 68. Venue of Investigation/ parte to Hearing. - Should the parties fail to receive the evidence and testimony agree of the during the preliminary conference, complaint/protestant and his the witnesses, and investigator shall immediately hear shall submit his report to the Council the case based in the barrio, municipality or on the facts and evidence adduced. province Philippine Environmental Laws Water where the subject of the controversy Helping Communities Defend the Earth is 34 located or at any other place agreed Section 66. Preliminary Conference. upon by - both parties. Any disagreement as to Upon receipt of venue respondent’s/protestee's shall be resolved by the Investigator answer, the investigator shall direct whose the decision is final. parties and their attorneys to appear Section 69. Order of Proceedings. - before The investigator shall hear first the him for conference to consider the testimony of the possibility of an amicable complainant/protestant settlement. and his witnesses and next the The proceedings during the testimony of preliminary conference shall be the respondent-protestee. During summary in the nature and shall be conducted proceedings, the parties shall have informally the right without the investigator being bound to confront and cross-examine the follow opposing strictly the technical rules of party of the submitted affidavits. evidence. He After the shall take appropriate steps towards presentation of the evidence by the a parties, peaceful and equitable settlement of they may at their option submit a the memorandum/memoranda in dispute. support of Section 67. Amicable Settlement. - their claim/defense in lieu of an oral Amicable settlement shall, in all argument. cases, be Section 70. Authority/Functions of Hearing Officer. - The investigator postponements in a given case. shall be Regardless duly authorized to administer oath to of the number of parties and witnesses, take dispositions and provided secure the further, that in no case shall any attendance of witnesses and/or postponement last for more than production three (3) of relevant documents through the calendar days. compulsory process of subpoena Section 72. Investigation Report. - and/or The subpoena duces tecum. The Investigator shall transmit to the contending Council parties may avail of such processes within fifteen (15) days from the by filing date of a formal written request with the termination of the proceedings, his Investigator. report The proceedings shall be duly with the complete record of the case recorded and shall include a physical with a or comprehensive sketch of the ocular inspection of the premises premises and for Philippine Environmental Laws Water the purpose, the Investigator and the Helping Communities Defend the Earth parties 35 shall have authority to enter upon involved. The report shall contain the private following: lands with previous notice to the a) Nature and addresses of the owners parties; thereof. b) Nature of the controversy; The Investigator may conduct ex c) Summary of the allegations and parte investigation/hearing if proofs circumstances presented by parties; so warrant. d) Clear and concise statement of Section 71. Orders/Rulings – the Interlocutory orders/rulings made findings of facts borne of the during evidence the proceedings are not appealable. and/or revealed in the ocular Motions for postponement or inspections; continuance shall be based on valid e) The law and rules involved; and and f) Conclusion, comment and reasonable grounds and the grant or recommendation. denial Section 73. Decision. - All disputes thereof rests upon the sound shall be decided within sixty (60) discretion of days after the Investigator, provided that not the parties submit the same for more decision or than (3) postponements may be resolution. Decisions shall be in given to writing, either party or a total of six (6) stating clearly and concisely the represented, or to the party within cause or five (5) causes of action, findings of facts days from the date of receipt by the and the Office law or rules upon which they are concerned. based. Section 75. Appeal/Petition for The Council shall have the power to Reconsideration and/or issue writs of execution and enforce Reinvestigation. - Appeal its from the decision of the Council in decisions with the assistance of accordance with Article 89 of the national or Code shall local law enforcement agencies be made by the party adversely subject to affected prior notice to the party concerned within fifteen (15) days from receipt in of the accordance with Article 84 of the decision unless a petition for Code. reconsideration or reinvestigation is Section 74. Proof of Service.- filed Decisions, resolutions or orders of with the Council within the same the period. Council shall be furnished to the The filing of said petition suspends contending parties thru their the counsel, if running of the 15 day period within represented, or by which personal/substituted to file an appeal with the Court. service or registered mail, with A) Petition for reconsideration/ return card. reinvestigation shall be based on any Personal/substituted service to the of parties the following grounds: shall be acknowledged in writing, 1) Fraud, accident, mistake or indicating excusable negligence which ordinary the date or receipt and the name of prudence could not have guarded the against and by reason of which the person serving. Should any person aggrieved Party has probably been refuse to impaired in his rights; receive the decision, resolution or 2) Newly discovered evidence which order , a petitioner could not, with written statement to such effect duly reasonable diligence, have signed discovered, and produced at the by the person serving shall be investigation and which if presented submitted. would probably alter the result; and Decisions, resolutions or orders 3) Palpable errors in the findings of coursed facts and conclusions of law or through the deputies/agents of the decisions that are not supported by Council, the evidence adduced in the shall in all cases, be served upon investigation. counsel, if Only one petition for reconsideration/ reinvestigation accompanied by proof of service ground water for domestic use by an upon the overlying landowner without the other party shall be entertained. registration when required by the Resolution Council; or petitions for reconsideration/ d) failure of the appropriator to keep reinvestigation shall be served upon a the record of water withdrawal when parties concerned in accordance required by the Council or by the with rules Section 73 hereof. and regulations of other water Philippine Environmental Laws Water oriented Helping Communities Defend the Earth agencies such as Water Districts 36 created Section 76. Stay of Execution. - The pursuant to Presidential Decree No. filing of petition for reconsideration 198, as amended, provided that such and/or rules and regulations have been reinvestigation under the preceding approved by the Council; section e) repair without permission of or an appeal with the Court of First hydraulic Instance under Article 89 of the Code or structural features as originally shall involving alteration of its hydraulic or not stay the execution of the structural features as originally decisions, approved; and resolution or order of the Council f) such other infractions as the unless a Council bond as provided for in Article 88 may determine. shall Section 78. Less Grave Offenses. - have been posted. A Section 77. Light Offenses. - A fine fine of more than two Hundred of not more than Two Hundred (P200.00) (P200.00) Pesos but not exceeding Five Pesos and/or suspension of the Hundred permit/grant for a period of not more (P500.00) Pesos and/or suspension than of the sixty (60) days shall be imposed for water permit/grant for a period of any of one the following violations; hundred twenty (120) days shall be a) illegal taking or diversion of water imposed in an for the following violations: open canal or reservoir; a) unauthorized sale, lease or b) unauthorized utilization of an transfer of existing water permits water rights; well or ponding or spreading of b) failure to install a regulating and water measuring device for the control of for recharging subterranean or the ground volume of water appropriated when water supplies; required; c) appropriation of subterranean or c) nonpayment of water charges; exceeding Five Thousand and (P5,000.00) d) violation of or non-compliance Pesos; with any Philippine Environmental Laws Water order, rule or regulation of the Helping Communities Defend the Earth Council. 37 Section 79. Grave Offenses. - A fine h) unauthorized sale of water in of more than Five Hundred (500.00) violation Pesos of the permit; and but not exceeding One Thousand i) such other serious violations as the (P1,000) Council may determine. Pesos and/or revocation of the water Section 80. Penalties for permit/grant of any other right to the Delinquency. - use of Where the penalty imposed is a fine water shall be imposed for any of the and the following violations: offender fails to pay the same within a) drilling of a well without permit or the with given period, he shall be liable, in expired permit; addition, b) failure to provide adequate to pay Five (P5.00) pesos per day of facilities to delay prevent or control disease whenever but in no case to exceed One required in the construction of any Thousand work for the storage, diversion, (P1,000.00) Pesos. However, if the distribution and utilization of water; penalty c) construction of any hydraulic work imposed is suspension of the water or permit/grant, the counting of the structure without duly approved period plans shall begin from the time the original and specifications; copy d) failure to comply with any of the of the water permit/grant certificate terms is or conditions in a water permit or surrendered to the Council or any of water its rights grant not covered by the deputies/agents. Such grant/permit/ preceding sections, certificate shall be surrendered e) non-observance of any standard within for the fifteen (15) days from receipt of the beneficial use of water and/or Council schedule by order or decision and any delay in of water distribution; the f) use of water for a purpose other surrender thereof will be meted a than penalty of that for which a right or permit was Five (P5.00) Pesos each day. granted; Section 81. Violations by Juridical g) malicious destructions of Persons. - In cases where the hydraulic offender is a works or structure valued at not corporation, firm, partnership or association, the penalty shall be cases where offender, at anytime imposed before the upon the guilty officers mentioned in execution of the order or decision, Article 92 of the Code. offers in Section 82. Violations by Non- writing to pay the fine imposed Permittees. - In cases where the instead of violator is not having his/her permit/grant a permittee or grantee or has no suspended for right to use a given period, the Council may, if the water whatsoever, the Council the thru its circumstances so warrant, accept deputies or authorized such offer representatives shall or compromise. However, if the cause the stoppage of the use of the penalty water imposed is both fine and suspension either by plugging or sealing of the of the well if permit for a given period, the offer the same involves ground water shall appropriation or demolition of the necessarily include the amount of dam or the fine hydraulic structures if the same imposed as well as such amount as involves maybe surface water, without prejudice to determined by the Council the corresponding to institution of a criminal/civil action as the period for which the permit the should have facts and circumstances may been suspended. warrant. Section 85. Summary Revocation/ Section 83. Violations by Non- Suspension. - Water permits or other Owners. - In cases where the violator rights to is not use the water may be revoked or the owner of the well or structure, he suspended shall summarily by the Council if any of be penalized twice as much as the the fine following facts and/or conditions imposed of his name as a party exists: defendant in a) That the suspension/revocation any action filed. Proper will representations in redound to greater public interest, this regard shall be made with the public health and safety; appropriate agency for the b) That the acts complained of are cancellation or grossly suspension of his license/certificates illegal per se; of c) That the violative act is the registration. second Section 84. Offer of Compromise. - offense on record involving the same In infraction; d) That the non-observance of or Rules of Court and Related Laws. - noncompliance The with the rules, order or provisions of the New Rules of Court, regulation is willful and deliberate: Presidential Decree Nos. 77 and 911 e) When there is a prima facie on showing preliminary investigation shall have that the non-observance of any suppletory effect on matters not standard specifically for the beneficial use of water or covered by this rules. noncompliance Section 87. Appeal of Council with any of the terms or Decisions of the Council concerning conditions in a water permit or water policies on the utilization, rights grant is prejudicial to the life exploitation. and Development, control, conservation property of third person; and Philippine Environmental Laws Water protection of water resources may Helping Communities Defend the Earth be 38 appealed to the president. f) When the suspension or revocation Section 88. These rules shall take thereof is sought by any an injured effect fifteen (15) days after party, provided he files a bond to publication in cover three (3) newspapers of general any damage which maybe sustained circulation. by Unanimously adopted at the 119th the permittee or grantee arising meeting from of the National Water Resources such summary Council on revocation/suspension; June 11, 1979. g) In times of emergency, where Alfredo L. Juino there is a Chairman prima facie showing that the use of water by the permittee/grantee is wasteful; h) When health authorities so recommend to prevent or control the spread of disease due inadequate facilities; i) When in a decision of a competent court the revocation or suspension of the water permit or grant is ordered or recommended; and j) Such other serious offenses or gross violations and infractions as the Council may decide. Section 86. Applicability of the New [REPUBLIC A CT N O . 9729] AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Title. – This Act shall be known as the “Climate Change Act of 2009”. SEC . 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations. Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters. Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development. Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives. Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government. SEC . 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding meanings: (a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. (b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof. (c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings. (d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity. (e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events. (f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems. (g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources. (h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events. (i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels. (j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere. (k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth. (l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. (m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making. (n) “Mitigation” in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their substitutes. (o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced). (p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence. (q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity. SEC . 4. Creation of the Climate Change Commission. – There is hereby established a Climate Change Commission, hereinafter referred to as the Commission. The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President. The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. The Commission shall be organized within sixty (60) days from the effectivity of this Act. SEC . 5. Composition of the Commission. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission. The Commission shall have an advisory board composed of the following: (a) Secretary of the Department of Agriculture; (b) Secretary of the Department of Energy; (c) Secretary of the Department of Environment and Natural Resources; (d) Secretary of the Department of Education; (e) Secretary of the Department of Foreign Affairs; (f) Secretary of the Department of Health; (g) Secretary of the Department of the Interior and Local Government; (h) Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council; (i) Secretary of the Department of Public Works and Highways; (j) Secretary of the Department of Science and Technology; (k) Secretary of the Department of Social Welfare and Development; (l) Secretary of the Department of Trade and Industry; (m) Secretary of the Department of Transportation and Communications; (n) Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for Sustainable Development; (o) Director-General of the National Security Council; (p) Chairperson of the National Commission on the Role of Filipino Women; (q) President of the League of Provinces; (r) President of the League of Cities; (s) President of the League of Municipalities; (t) President of the Liga ng mga Barangay; (u) Representative from the academe; (v) Representative from the business sector; and (w) Representative from nongovernmental organizations. At least one (1) of the sectoral representatives shall come from the disaster risk reduction community. The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for the unexpired term of the predecessor. Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary. SEC . 6. Meetings of the Commission. – The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act. SEC . 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and integrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf. The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity. The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications. SEC . 8. Climate Change Office. – There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act, subject to civil service laws, rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director. S EC . 9. Powers and Functions of the Commission. – The Commission shall have the following powers and functions: (a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs; (b) Coordinate and synchronize climate change programs of national government agencies; (c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change; (d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change; (e) Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities; (f) Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals; (g) Create an enabling environment for the design of relevant and appropriate risk- sharing and risk-transfer instruments; (h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation; (i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change; (j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters; (k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations; (l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring; (m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities; (n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas; (o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas; and (p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures. S EC . 10. Panel of Technical Experts. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction. The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel. SEC . 11. Framework Strategy and Program on Climate Change. – The Commission shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change. The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements. The Framework shall be reviewed every three (3) years, or as may be deemed necessary. SEC . 12. Components of the Framework Strategy and Program on Climate Change. – The Framework shall include, but not limited to, the following components: (a) National priorities; (b) Impact, vulnerability and adaptation assessments; (c) Policy formulation; (d) Compliance with international commitments; (e) Research and development; (f) Database development and management; (g) Academic programs, capability building and mainstreaming; (h) Advocacy and information dissemination; (i) Monitoring and evaluation; and (j) Gender mainstreaming. SEC . 13. National Climate Change Action Plan . – The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter. The National Climate Change Action Plan shall include, but not limited to, the following components: (a) Assessment of the national impact of climate change; (b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes; (c) The identification of differential impacts of climate change on men, women and children; (d) The assessment and management of risk and vulnerability; (e) The identification of GHG mitigation potentials; and (f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments. SEC . 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan. Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities. LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans. The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan. It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans. The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding. SEC . 15. Role of Government Agencies. – To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions: (a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts; (b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable; (c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in collaboration with other concerned national government agencies, institutions and LGUs; (d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto; (e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and (f) Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor. The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs. SEC . 16. Coordination with Various Sectors. – In the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups. SEC . 17. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission. The proceeds shall be used to finance: (a) Research, development, demonstration and promotion of technologies; (b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;
(c) Advocacy, networking and communication activities in the conduct of information
campaign; and (d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission. SEC. 18. Funding Allocation for Climate Change. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change. SEC . 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. The Oversight 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 to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding requirement shall be charged against the appropriations of Congress. SEC . 20. Annual Report. – The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year. SEC . 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the President’s contingent fund. Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act. SEC . 22. Implementing Rules and Regulations. – Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. SEC . 23. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws. SEC. 24. Separability Clause. – If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. SEC . 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. SEC . 26. Effectivity. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation. Approved, PROSPERO C. NOGRALES Speaker of the House of Representatives JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. 2583 and House Bill No. 5982 was finally passed by the Senate and the House of Representatives on August 25, 2009 and September 2, 2009, respectively. PRIME - M4 Page 1 of 29 S. No. 1255 H. No. 6216 Republic of the Philippines Congress of the Philippines Metro Manila Eleventh Congress First Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, nineteen hundred and ninety eight. _________________ REPUBLIC ACT No. 8749 Subject: AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY 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 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. PRIME - M4 Page 2 of 29 Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework 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 though the application of market-based 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 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 principle of sustainable development; c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decisionmaking 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. PRIME - M4 Page 3 of 29 Article 2 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 short-term 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 geographical-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, chorofluorocarbons, and the like; PRIME - M4 Page 4 of 29 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) long-term 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 or goods; n) "Motor vehicle" mean any vehicle propelled by a gasoline or diesel engine or by any 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 antiknock 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)" mean those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like; s) "Persistent Organic Pollutants (POPs)" mean 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; PRIME - M4 Page 5 of 29 t) "Poisonous and toxic fumes" mean any emissions and fumes which are beyond internationally-accepted standards, including but not limited to 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 standard established by the Department; v) "Pollution control technology" means the pollution control devices, production processes, 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 1 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 Section 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 Department's 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. PRIME - M4 Page 6 of 29 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 be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, 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 Section 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 the 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 nonattainment 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. PRIME - M4 Page 7 of 29 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 Section 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 the emission limitations contained in their permits. Section 9. Airsheds. - Pursuant to Section 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 people's organizations; e) Representatives from nongovernment 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. PRIME - M4 Page 8 of 29 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 Nonattainment Areas. - The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources. 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), people's 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 the 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 non-conventional and toxic pollutants; and c) Alternative fuels, processes and operating methods which will result in the elimination 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 public health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows: PRIME - M4 Page 9 of 29 a) For National Ambient Air Quality Guideline for Criteria Pollutants: b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations: Short Terma Long Termb Pollutants μg/NCM ppm Averaging μg/NCM ppm Averaging Time Time Suspended Particulate Matter c - TSP 230d 24 hours 90 -- 1 year c - PM-10 150f 24 hours 60 -- 1 year e Sulfur Dioxide c 180 0.07 24 hours 80 0.03 1 year Nitrogen Dioxide 150 0.08 24 hours -- -- -- Photochemical Oxidants 140 0.07 1 hour -- -- -- As Ozone 60 0.03 8 hours -- -- -- Carbon Monoxide 35 mg/NCM 30 1 hour -- -- -- 10 mg/NCM 9 8 hours -- -- -- PRIME - M4 Page 10 of 29 a Maximum limits represented by ninety-eight percentile (98%) values not to be exceeded more than once a year. 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 or 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 μm. 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: Concentration2 Pollutants 1 μg/NCM ppm Averaging time (min.) Methods of Analysis/ Measurement3 1. Ammonia 200 0.28 30 Nesslerization/Indo Phenol 2. Carbon Disulfide 30 0.01 30 Tischer Method 3. Chlorine and Chlorine compounds expressed as Cl2 100 0.03 5 Methyl Orange 4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method 5. Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution 6. Hydrogen Sulfide 100 0.07 30 Methylene Blue 7. Lead 20 30 AAS c 8. Nitrogen Dioxide 375 260 0.20 0.14 30 60 Greiss-Saltzman 9. Phenol 100 0.03 30 4-Aminoantiphyrine 10. Sulfur Dioxide 470 340 0.18 0.13 30 60 Colorimetric- Pararosaniline 11. Suspended Particulate 300 -- 60 Gravimetric PRIME - M4 Page 11 of 29 Matter - TSP - PM10 200 -- 60 - do - 1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. 2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 25°C 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 factors, 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 the 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 Communications (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 to tax 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. PRIME - M4 Page 12 of 29 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 industry-wide 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 2 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 or rehabilitation of areas that may be damaged during the program or project's 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 of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments. Article 3 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 therefor arises, revise and publish emission standards, to further improve the PRIME - M4 Page 13 of 29 emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources 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 public's 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: Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/NCM) Methods of Analysis a 1. Antimony and its compounds Any source 10 as Sb AAS b 2. Arsenic and its compounds Any source 10 as As AAS b 3. Cadmium and its compound Any source 10 as Cd AAS b 4. Carbon Monoxide Any industrial source 500 as CO Orsat Analysis 5. Copper and its compounds Any industrial source 100 as Cu AAS b 6. Hydrofluoric Acid and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate 7. Hydrogen Sulfide i) Geothermal power plants ii) Geothermal exploration and well-testing iii) Any source other than (i) and (ii) c,d e 7 as H2S Cadmium Sulfide Method Cadmium Sulfide Method 8. Lead Any trade, industry or process 10 as Pb AAS b 9. Mercury Any source 5 as elemental Hg AAS b/Cold-Vapor Technique or Hg Analyzer 10. Nickel and its compounds, except Nickel Any source 20 as Ni AAS b PRIME - M4 Page 14 of 29 11. Carbonyl f 12. NOx i) Manufacture of Nitric Acid ii) Fuel burning steam generators Existing Source New Source Coal-fired Oil-fired iii) Any source other than (i) and (ii) Existing Source New Source 2,000 as acid and NOx and calculated as NO2 1,500 as NO2 1,000 as NO2 500 as NO2 1,000 as NO2 500 as NO2 Phenol-disulfonic acid Method Phenol-disulfonic acid Method Phenol-disulfonic acid Method 13. Phosphorus Pentoxide g Any source 200 as P2O5 Spectrophotometry 14. Zinc and its compounds Any source 100 as Zn AASb a Other equivalent methods approved by the Department may be used. b Atomic Absorption Spectrophotometry c All new geothermal power plants starting construction by 01 January 1995 shall control H2S emissions to not more than 150 g/GMW-Hr. d All existing geothermal power plants shall control H2S emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations. e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required. f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/NCM. g Provisional Guideline Provided, That the maximum limits in mg/NCM particulates in said sources shall be: 1. Fuel Burning Equipment a) Urban or Industrial Area 150 mg/NCM b) Other Area 200 mg/NCM 2. Cement Plants (Kilns, etc.) 150 mg/NCM 3. Smelting Furnaces 150 mg/NCM 4. Other Stationary Sources a 200 mg/NCM 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 PRIME - M4 Page 15 of 29 Provided, further, That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0 gm/NCM as SO3 (ii) Fuel Burning Equipment 1.5 gm/NCM as SO2 (iii) Other Stationary Sources a 1.0 gm/NCM as SO3 (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm/NCM as SO3 (ii) Fuel Burning Equipment 0.7 gm/NCM as SO2 (iii) Other Stationary Sources a 0.2 gm/NCM as SO3 a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration. 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: I. Daily And Half Hourly Average Values Daily Average Half Hourly Values Average Values Total dust 10 mg/m3 30 mg/m3 Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20mg/m3 Hydrogen chloride (HCl) 10 mg/m3 60mg/m3 Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3 Sulphur dioxide (SO2) 50 mg/m3 200 mg/m3 Nitrogen monoxide (NO) and nitrogen 200 mg/m3 400 mg/m3 dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour Nitrogen monoxide (NO) and nitrogen 300 mg/m3 dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less Ammonia 10 mg/m3 20 mg/m3 PRIME - M4 Page 16 of 29 II. All Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Total 0.05 mg/m3 Mercury and its compounds, expressed as mercury (Hg) 0.05 mg/m3 Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead (Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn) Total 0.5 mg/m3 These average values cover also gaseous and the vapor forms of the relevant heavy metal emissions 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 values of dioxin and furans measured over the sample period of a minimum of 6 hours and a maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3. Pursuant to Section 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, bio-medical and hazardous wastes, 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 PRIME - M4 Page 17 of 29 existing incinerators dealing with bio-medical wastes shall be phased 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 municipal, bio-medical and hazardous wastes. Article 4 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 (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PMa (g/km) 2.72 0.97 0.14 a for compression-ignition engines only 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 (Directive 93/59/EEC) Reference Weight (RW) (kg) CO (g/km) HC + NOX (g/km) PMa (g/km) Category 1 1250 < RW 2.72 0.97 0.14 Category 2 1250 < RW <1700 5.17 1.4 0.19 Category 3 RW > 1700 6.9 1.7 0.25 a for compression-ignition engines only c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be: PRIME - M4 Page 18 of 29 Emission Limits for Heavy Duty Vehicles Type Approval (Directive 91/542/EEC) CO (g/kWh) HC (g/kWh) NOx (g/kWh) PM (g/kWh) 4.5 1.1 8.0 0.36a a In the case of engines of 85kW or less, the limit value for particular emissions is increased by multiplying the quoted limit by a coefficient of 1.7 Fuel evaporative emission for spark-ignition 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 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 emission 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 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 tamperresistant 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. PRIME - M4 Page 19 of 29 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 set pursuant to this Act. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicle or engine so that 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 secondhand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Article 5 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 Section 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. PRIME - M4 Page 20 of 29 Chapter 3 Fuels, Additives, Substances And Pollutants Article 1 Fuels, Additives And Substances Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of this Act, this 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 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 fuelrelated 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 the 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 antiknock index (AKI) of not less than 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 or 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. PRIME - M4 Page 21 of 29 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 or 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 fuels and 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. Misfuelling. - 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 2 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 Philippine is a signatory, the Department shall phase out ozone-depleting substances. PRIME - M4 Page 22 of 29 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 the 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 nongovernmental organizations (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. PRIME - M4 Page 23 of 29 Section 37. Environment 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 national 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 a 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 emission 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 paragraphs; 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 PRIME - M4 Page 24 of 29 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 be 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 Section 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 after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action 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 complaint herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages. PRIME - M4 Page 25 of 29 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 Section 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, there 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 and immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference subsequent 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 (Php100,000.00) 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 noncompliance 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 the 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 found 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 there is imminent threat to life, public health, safety or PRIME - M4 Page 26 of 29 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 Section 21 hereof. 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 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 and management conducted by the DOTC and shall also suffer the following penalties: a) First offense - a fine not to exceed Two thousand pesos (Php2,000.00); b) Second offense - a fine not less than Two thousand pesos (Php2,000.0) and not to exceed Four thousand pesos (Php4,000.00); and c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four thousand pesos (Php4,000.00) and not more than Six thousand pesos (Php6,000.00). Any violation of the provisions of Section 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than Thirty thousand pesos (Php30,000.00) 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 (Php10,000.00) but not more than One hundred thousand pesos (Php100,000.00) 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. PRIME - M4 Page 27 of 29 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 (1) year, (b) three (3) or more specific offenses within three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such as but not limited to the breaking of seal, padlocks and other similar devices, or operating 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 or omission 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. PRIME - M4 Page 28 of 29 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 (Php750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three hundred million pesos (Php300,000,000.00) shall be appropriated to the Department; Two hundred million pesos (Php200,000,000.00) to the DTI; One hundred fifty million pesos (Php150,000,000.00) to the DOTC; and, One hundred million pesos (Php100,000,000.00) 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 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 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 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 persons or circumstances shall not be affected by such declaration. PRIME - M4 Page 29 of 29 Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed Presidential Decree Nos. 1152, 1586, 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. Approved, (Sgd) MANUEL B. VILLAR, JR. (Sgd) MARCELO B. FERNAN Speaker of the House President of the Senate of Representatives This Act, which is a consolidation of Senate Bill No. 1255 and House Bill No. 6216 was finally passed by the Senate and the House of Representatives on May 13, 1999 and May 10, 1999, respectively. (Sgd) ROBERTO P. NAZARENO (Sgd) HEZEL P. GACUTAN Secretary General Secretary of the Senate House of Representatives Approved: 23 June 1999 (Sgd) JOSEPH EJERCITO ESTRADA President of the Philippines