Environmental Laws of the Philippines PDF

ENVIRONMENTAL LAWS OF THE PHILIPPINES Engr. Elma Ventura-Luzano PUP – Santa Rosa 1987 Philippine Constitution ▪ The 1987 Philippine Constitution lays down the basic framework for our policy on the environment. It states that “The State shall protect and advance the right of the peopl...

ENVIRONMENTAL LAWS OF THE PHILIPPINES Engr. Elma Ventura-Luzano PUP – Santa Rosa 1987 Philippine Constitution ▪ The 1987 Philippine Constitution lays down the basic framework for our policy on the environment. It states that “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 the nature. It further mandates the State “to protect and promote people’s right to health. ▪ DENR is the primary government agency responsible for the conservation, management, development and proper use of the country’s environment and natural resources. Philippine Environmental Law (1987 Philippine Constitution) ▪ Executive Order No. 192 designated the Department of Environment and Natural Resources (DENR) to directly supervise bureaus concerned with environmental and natural resources. ▪ Among the bureaus under DENR the Environmental Management Bureau (EMB) was tasked to implement, recommend, and provide technical assistance for the implementation and monitoring of Environmental Law Our environmental law is divided into two major components: Philippine Environmental Law Environmental Pollution Control Impact Statement Law (P.D. 984) System (P.D. 1586) ▪ No projects shall ▪ Provides be implemented permitting without an requirements Environment ▪ Provides penalty Compliance provisions Certificate (ECC) ▪ Provides air and water standards  Environmental Impact Statement (EIS) System ▪ The EIS System is concerned primarily with assessing the direct and indirect impacts of a project on the environment and ensuring that these impacts are addressed by appropriate environmental protection and enhancement measures before such projects be implemented.  EIS System: DAO 2003-30 ▪ DAO 2003-30 is the Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System. This order supersedes Department Administrative Orders, Nos. 96-37, 2000-37, 2000-05 and other related orders. This further streamline the implementation of the EIS System. All projects or undertaking evaluated according to the Procedural Manual for DAO 2003-30.  EIS System ▪ The scope of the EIS System is characterize if the project is “Covered” or “Not Covered”. It depends on: Size of the project Cumulative nature of impacts Use of natural resources Generation of wastes and nuisances Hazards and risks of accident Location of the project ▪ The issuance of ECC or CNC for a project under the EIS System does not exempt from securing other government permits and clearances as required by other laws. ▪ Also, issuance of CNC does not exempt and shall conform to related environmental laws, rules and regulations.  Project/Undertaking Covered ECC Not covered CNC Category A Category B Category C Category D Category A – Environmental Critical Projects Category B – Projects located in Environmentally Critical Areas Category C – Projects enhancing environmental quality or address existing environmental projects Category D – Projects not falling under other categories or unlikely to cause adverse environmental impact  Amending an ECC ▪ It should be noted that the ECC is a project-and location- specific document. As such, any change will be subject for evaluation under the EIS System. ▪ Major Amendment Expansion of land/project area Increase in production capacity Major change/s in process flow or technology ▪ Minor Amendment Typographical error Extension of deadlines for submission of post-ECC requirement/s Extension of ECC validity Change in company name/ownership Decrease in land/project area or production capacity  Amending an ECC ▪ The ECC of a project not implemented within five (5) years from the date of issuance is deemed expired or an extension can be requested and should not exceed 3 years. Furthermore, the request should be file at least three (3) months before the expiration. ▪ Change in company name/ownership should be filed within fifteen (15) days of such change. Monitoring of projects with ECC ▪ The primary purpose of monitoring is to ensure the proper implementation of sound environmental management within the company and its areas of operation. It aims to monitor, specifically, the compliance with the ECC conditions and submitted Environmental Management Plan (EMP), and provide basis for a timely decision-making and effective planning and management of environmental measures. Monitoring of projects with ECC ▪ Multipartite Monitoring Team (MMT) Environmental Monitoring Fund ▪ Self-monitoring and Third Party Audit ▪ Environmental Guarantee Fund Mandatory Environmental Insurance Coverage (AO 2005-06) ▪ Abandonment  Monitoring of projects with ECC ▪ For projects classified as Category A, a MMT shall be formed after the issuance of ECC. Certain Category B projects may also be required to form MMT. Proponents required to established MMT shall put up corresponding Environmental Monitoring Fund (EMF). ▪ Project Proponents are primarily responsible for meeting the commitments made in the EMP as well as meeting the terms and conditions of the ECC. As part of their corporate and/or individual obligations, the proponent shall conduct self monitoring and submit requisite report ▪ Third Party Audit are needed in the following situations: In compliance with the provisions of a signed ECONA with the DENR-EMB; for projects with ECC issued based on PEPRMP or EPRMP ( regardless of categorization); and as an alternative to MMT for projects not classified as Category A. Monitoring of projects with ECC ▪ Environmental Guarantee Fund is a fund that proponents commit to establish when an ECC is issued for projects or undertakings determined by EMB to pose significant risk to answer for the damage to life, property, and the environment caused by such risk, or requiring rehabilitation or restoration measures. ▪ For Projects that shall no longer be pursued, the proponent should inform EMB to relieve the former from the requirement for continued compliance with the ECC conditions at least six (6) month before the planned abandonment/decommisioning.  Fees, Fines and Penalties ▪ Upon submission of the application shall pay filing fees and other fees in accordance with prescribed standard cost and fees. ▪ Penalty of suspension or cancellation of ECC and/or fine of not more than P50,000/violation Projects established and/or operating without ECC Projects violating ECC conditions, EMP, Rules and Regulation Misrepresentation in the EIS/IEE or any other Documents submitted Pollution Control Law (P.D. 984) ▪ The Pollution Control Law regulates that “No person shall operate and maintain any collection system, sewage disposal system, wastewater treatment facilities and air pollution source and control facilities unless the same is provided with adequate and effective treatment and covered by current and valid permit”.  Pollution Control Law (P.D. 984) Toxic Ecological Substances & Clean Air Act Clean Water Waste Hazardous of 1999 (R.A. Act of 2004 Management and Nuclear 8749, DAO (R.A. 9275, Act of 2000 Waste Act of 2000-81) DAO 2005-10) (R.A. 9003, 1990 (R.A. DAO 2001-34) 6969) Clean Air Act of 1999 ▪ A comprehensive policy and program for air quality management in the country. ▪ DENR Administrative Order No. 2000-81 is the Implementing Rules and Regulations of this Act.  Sources of Air Pollution A.Mobile Sources Vehicles like cars, trucks, vans, buses, jeepneys, tricycles and motorcycles.  Sources of Air Pollution B. Point/ Stationary Sources Industrial firms and the smoke stacks of power plants, hotels and other establishments  Sources of Air Pollution C. Area Sources Refer to sources other than those mentioned, this includes smoking, burning of garbage, and dust from construction, unpaved ground and the like.  Stationary Sources ▪ All sources of air pollution must have a valid Permit-to-Operate. ▪ All proposed or planned construction or modification of sources that has the potential to emit 100 tons per year or more of any of the regulated pollutants are required to have an approved Authority to Construct before implementation. ▪ For purposes of sampling, planning, research and other similar purposes, the DENR-EMB, may issue a Temporary Permit-to-Operate not to exceed ninety (90) days, provided that the applicant has pending application for Permit-to-Operate.  Stationary Sources ▪ Permit-to-Operate is valid for one (1) year from the date of issuance unless sooner suspended or revoked and must be renewed thirty (30) days before the expiration date and upon payment or the required fees and compliance with requirements. ▪ In case of sale or legal transfer of a facility covered by a permit, the permittee shall notify the DENR- EMB within thirty (30) days from the date of sale or transfer ▪ The owner or the Pollution Control Officer shall keep a record of the operation of the sources and shall furnish a copy to the DENR-EMB in a quarterly basis. ▪ Right of Entry, Inspection and Testing by the authorized representative of DENR-EMB.  Fines and Penalties ▪ A fine of < P 100,000.00 for everyday of violation of standards until such time that standards have been complied with ▪ For violations of all other provisions a fine of not less than P 10,000 but nor more than P100,000 or six (6) months to six (6) years or both. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer of the officials directly in charge of the operations suffer the penalty.  Clean Water Act of 2004 ▪ General Application - Water Quality Management in all water bodies ▪ Primary Application - abatement & control of pollution from land based sources ▪ Enforcement of Water Quality standards, regulations and penalties – irrespective of source of pollution ▪ DENR Administrative Order No. 2005-10 is set as the Implementing Rules and Regulation of this ACT  Discharge Permit ▪ The legal authorization to discharge wastewater. ▪ For industries without any discharge permit is given a period of twelve (12) months after the effectivity of the IRR, DAO 2005-10 dated May 16, 2005, to secure a discharge permit. ▪ Pollution sources currently discharging to existing sewerage system with operational wastewater treatment facilities shall be exempt from the permit requirement. ▪ The discharge permit is valid for a maximum period of five (5) years from the date of its issuance and must be renewed 30 days before expiration. ▪ The self-monitoring report shall be submitted to the Regional Offices within fifteen (15) calendar days after the end of each quarter.  Fines, Damages and Penalties A fine of not less than P 10,000 not more than P 200,000 for every day of violation Gross Violation has a fine of not less than P 500,000 but not more than P3M per day or imprisonment of not less than six (6) years but not more than ten (10) years or both.  Ecological Solid Waste Management Act of 2000 ▪ RA 9003 institute measures to promote a more acceptable system which corresponds to the vision of sustainable development. Generally, it aims to merge environmental protection with economic pursuits, recognizing the re-orientation of the community’s view on solid waste, thereby providing schemes for waste minimization, volume reduction, resource recovery utilization and disposal. ▪ The DENR Administrative Order No-2001-34 issued on December 21, 2001 is set as the Implementing Rules and Regulations for R.A. 9003. Institutional Mechanism Local Government Units National Solid Waste Citizens Management Commission Ecological Solid Waste Management Act  National Solid Waste Management Commission ▪ DENR ▪ TESDA ▪ DILG ▪ PIA ▪ DOST ▪ MMDA ▪ DPWH ▪ League of Provinces ▪ DOH ▪ League of ▪ DTI Municipalities ▪ DA ▪ Liga ng mga Barangay Solid Waste Management Hierarchy source reduction and minimization of waste resource recovery, recycling and reuse at the community/ barangay level Collection, proper transfer & transport of wastes by city/ municipality Management, destruction or reuse of residuals/ final disposal  Mandatory segregation at source Segregation shall be primarily conducted at source to include: ▪ Household ▪ Institutional ▪ Industrial facility ▪ Commercial/ business establishment ▪ Agricultural area  Mandatory Solid Waste Diversion ▪ LGUs to divert 25% of solid waste from waste disposal facilities through resource recovery activities within 5 years ▪ baseline to be derived from waste characterization results ▪ goal to be increased every 3 years Management of Residuals and Final Disposal Sites ▪ Closure of all open dumpsites ▪ Conversion of all open dumpsites to controlled dumps within 3 years to operate only within five (5) years. ▪ Minimum requirements in siting, designing and operation of disposal sites ▪ Sec. 48 (3) Open burning is not allowed.  Fines and Penalties ▪ Depending on the Prohibited Acts that is committed penalty ranges from P300.00 to P1,000,000.00 and/or imprisonment of 1 day to 6 years. ▪ If the offense is committed by a corporation, partnership, or other juridical entity the chief executive officer, president, general manager, managing partner or such other officer-in- charge shall be liable for the commission of the offense penalized under this Act.  Framework of R.A. 9003 Municipal/ Residuals Management City Level Collection by Barangay municipality/ city Level MRF Recyclable Compostable Non- Special Wastes Drop off wastes Recyclabes Wastes sorting Center recycling composting Gardens/ P C M farms junkyards/ stores / factories  Business and Industry Role ▪ To initiate, participate and invest in integrated ecological solid waste management projects ▪ To manufacture environmental-friendly products, to introduce, develop and adopt innovative processes that shall recycle and re- use materials, conserve raw materials and energy, reduce waste and prevent pollution ▪ To undertake community activities to promote and propagate effective solid waste management practices Toxic Substances & Hazardous and Nuclear Waste ▪ The Act directs the Department of Environment and Natural Resources (DENR) to establish rules, regulations, and programs for controlling chemical substances and hazardous wastes in the Philippines. ▪ The “Implementing Rules and Regulations of Republic Act 6969” Department Administrative Order 29 (DAO 29) was signed in June of 1992. It provides a general regulatory framework that industry must meet to reach compliance with RA 6969.  POLICY ▪ Regulate, limit, and prohibit importation, manufacture, processing, sale, distribution, and use, and disposal of chemical substances and mixtures that present unreasonable risk to public health and environment ▪ Prohibit the entry and disposal of hazardous wastes into the Philippines territorial limits ▪ Advance and facilitate research on toxic chemicals and hazardous wastes  Coverage of R.A. 6969 ▪ Chemical Management (Title II) “virgin materials” ▪ Hazardous Waste Management (Title III) “waste materials”  PROVISIONS OF TITLE II (TOXIC CHEMICAL SUBSTANCES) ▪ Compile, maintain and update and inventory of chemical substances that are stored, imported, exported, used, processed, manufacture , transported in the country. The inventory is known as the Philippine inventory of chemicals and chemical substances (PICCS). ▪ Require manufacturers and importers to submit pertinent data and information on the existing chemical substances that they manufacture or import. ▪ Establish the Philippine Priority Chemicals list( PCL). ▪ Require screening of new chemical substances by seeking all available information to asses the risk posed by new chemical substances to public health and to the environment (PMPIN). ▪ Regulate, limit, gradually phase-out, and ban those chemical substances that are determined to pose unreasonable risk to public health and environment through the issuance of CCOs.  Chemicals Management Philippine Inventory of Chemical and Chemical Substances (PICCS) Pre-manufacture, Pre-importation Notification Scheme (PMPIN) Priority Chemical List (PCL) – DAO 98-29 Chemical Control Orders (CCOs) Participation in international treaties, agreements, etc.. PRIORITY CHEMICAL LIST (PCL) ▪ PCL includes selected chemicals for the PICCS and new chemical substances notification that pose unreasonable risk to health and environment. ▪ Specific criteria for inclusion of chemical substances into PCL and reporting requirements for chemical substances in the PCL shall be established and published by DENR.  CHEMICAL CONTROL ORDERS (CCO) ▪ CCOs are DENR orders that: Prohibit Limit Regulate ▪ the use, manufacture, import, export, transport, process, storage, possession, sale of those priority chemicals that DENR determines pose hazard to public health and environment. ▪ DENR establishes and publishes the specific criteria and reporting requirements for CCOs  Chemical Control Order (CCOs) DAO 97-38: CCO for Mercury and its compounds ban, regulated and /or limited use DAO 97-39: CCO for Cyanide and its compounds  ban, regulated and/or limited use DAO 2000-02: CCO for asbestos  ban, regulated/selected/limited use DAO 2000-18: CCO for Ozone Depleting Substances (ODSs)  ban and/or phase out DAO 2004-01: for Polychlorinated Biphenyls (PCBs)  ban and/or phase out  POLICY ON HAZARDOUS WASTE ▪ Prohibit the entry, even in the transit, or hazardous wastes and their disposal into the Philippines territorial limits. ▪ Management of hazardous waste in a manner not to cause pollution of the environment and harm to public health and natural resources. ▪ Make the waste generators responsible for management and disposal of hazardous wastes and financially responsible for the cost of proper storage, treatment, and disposal of hazardous wastes they generate.  Schedule of Fees (Title II) ▪ PMPIN (abbreviated form): P2,150.00/chemical ▪ PMPIN (detailed form): P3,750.00/chemical ▪ Registration for chemicals under CCO: P2,250.00/chemical ▪ Renewal of registration for chemicals under CCO: P1,450.00/chemical ▪ Importation clearance for chemicals under CCO: P 700.00/chemical ▪ Certification of chemicals in the PICCS: P 450.00/chemical ▪ Certification for PCL biennial report: P 500.00/chemical ▪ Letter of intent for small quantity importation: P 500.00/chemical ▪ Interim importation clearance for other chemicals: P 500.00/chemical Schedule of Fees (Title III) ▪ Registration of hazardous waste generators: PhP 600.00 ▪ Annual Registration of Transporters: PhP 500.00/vehicle ▪ Issuance of Manifest Form: P100.00/manifest and P 500.00/hazardous ▪ Application fee for Notification of the Export of Hazardous Wastes: P 500.00/notification ▪ Registration Fee: P 15,000.00/facility ▪ TSD Facility Permit: P 5,000.00/facility ▪ Issuance of an Export or Importation Clearance: P2,000/clearance ▪ Registration of Importer of HW: P 5,000.00  PENALTIES ▪ Administrative violations of Section 41 of IRR, and fees 10,000 to P50,000 ▪ Criminal offenses of Section 42 (1) of IRR, and penalties P600 to P4,000, and 6 month to 6 years imprisonment ▪ Criminal offenses of Section 13 (d) of RA 6969 Act, and penalties 12 to 20 years imprisonment (persons) 12 to 20 years imprisonment and at least P500,000 (corporate)