Philippine Clean Air Act PDF

Philippine clean air Free act Ai r Republic Act 8749 Declaration of policies protect and advance the right of the people to a balanced and healthful responsibility of cleaning the habitat and environment is primarily area-based. Introductio...

Philippine clean air Free act Ai r Republic Act 8749 Declaration of policies protect and advance the right of the people to a balanced and healthful responsibility of cleaning the habitat and environment is primarily area-based. Introduction Shared Sources of Air Responsibility Individual the principle that "polluters must pay". Pollution Air pollution Roles Concrete reduction Sources of Air Pollution Actions Conclusion clean and healthy environment is for the good of all and should therefore be the concern of all Recognition of rights 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 decision making process Recognition of rights right to participate in the decision- making process that may have adverse impact on the environment and public health; The right to be informed of the nature and extent of the potential hazard of any activity Recognition of rights 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 decision making process Recognition of rights The right of access to public records The right to bring action in court or quasi- judicial bodies to enjoin all activities in violation of environmental laws and regulations The right to bring action in court for compensation Definitio n of Air pollutant terms any matter found in the atmosphere 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 Ambient air quality 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  "Emission air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere  Persistent Organic Pollutants 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  AIR POLLUTION CLEARANCES AND PERMITS DENR –Have the authority to issue permits for the prevention and abatement of air pollution. Limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards  Pollution from Stationary Ban on Sources Incineration - Incineration, hereby defined as the burning of municipal, bio- medical and hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited  Pollution from Stationary Sources 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. Pollution from Motor Vehicles. The DOTR shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. Pollution from Motor Vehicles. 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. Regulation of all 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 Regulation of all vehicles and engines 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 Regulation of all vehicles and No motor vehicle registration (MVR) engines 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.  Second-Hand Motor Vehicle Any importedEngines. second hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act POLLUTION FROM OTHER SOURCES Pollution from Smoking public building or an enclosed public place any enclosed area outside of one's private residence, private place of work  Pollution from Other Mobile Sources formulate and establish the necessary standards for all mobile sources other than those referred to in Section 21 of this Act OTHER POLLUTANTS OZONE DEPLETING SUBSTANCES Montreal Protocol on Substances that Deplete the Ozone Layer and other international -the Department shall phase out ozone-depleting substances  Greenhouse Gases PAGASA) shall regularly ( monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases  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  Radioactive Emissions 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)  Institutional Mechanism Lead Agency The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. 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  Institutional Mechanism Lead Agency The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. 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  Linkage Mechanism The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non governmental organizations (NGOs) or people's organizations (POs), or private enterprises in the furtherance of the objectives of this AcT  Role of Local Government Local government units (LGUs) shall share the Units responsibility in the management and maintenance of air quality within their territorial jurisdiction  Role of Local Government The Department shall provide the LGUs with technical assistance, Units 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  Role of Local Government Case: Technological Developers Inc vs. CA Units -the mayor of the town has as much responsibility to protect its inhabitants from pollution, and by virtue of his police power, he may deny the application of permit to operate business.  Environment and Natural Resources Office prepare comprehensive air quality management programs, plans and strategies Government provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures take the lead in all efforts concerning air quality protection and rehabilitation  Environment and Natural Resources Office To recommend to the Board air quality standards which shall not exceed the maximum permissible Government standards set by national laws Coordinate with other government agencies and non- governmental organizations in the implementation of measures to prevent and control air pollution Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance  Administrative Action the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates: 1. Standards or limitation provided under this Act; 2. Any order, rule or regulation issued by the Department with respect to such standard or limitation  POLLUTION AND ADJUDICATION BOARD Sole and exclusive jurisdiction over all cases of air pollution and all matters related thereto, including the imposition of administrative sanctions  POLLUTION AND ADJUDICATION BOARD Action for the abatement of a private nuisance lies with the courts, not with the PAB nor the SB (AC enterprise Inc v. Frabelle Properties Corp)  Actions before the LTO Actions for any violation of the motor vehicle pollution control laws may be commenced by any person by filing a written complaint or by the DOTR on its own initiative -Summary in Nature  Order of Decisions Respondent admits the charge- the hearing officer shall issue an order imposing the appropriated fines and directing the grounding the apprehended motor vehicle.  Violation of Standards for Stationary Sources 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  Violation of Standards for Stationary Sources 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.  Violation of Standards for Stationary Sources 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  Violation of Standards for Stationary Sources That an establishment found liable for a third offense shall suffer permanent closure immediately.  Violation of Standards for Stationary Sources without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations  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  Violation of Standards for Motor Vehicles Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test  Violation of Standards for Motor Vehicles testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle  Violation of Standards for Motor Vehicles 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  Violation In addition, of Standards the driver for Motor and operator of the apprehended vehicle shall undergo Vehicles a seminar on pollution control and management conducted by the DOTC and shall also suffer the following penalties: First offense - a fine not to exceed Two thousand pesos (Php2,000.00); Second offense - a fine not less than Two thousand pesos (Php2,000.0) and not to exceed Four thousand pesos (Php4,000.00); Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four thousand  Gross Violations a.Three or more specific offenses within a period of one year b.Three or more specific offenses within three consecutive years c. Blatant disregard of the orders of the PAB ( breaking of seal, padlocks and other similar devices or operating despite the existence of an order of closure d.Irreparable or grave damage to the environment  Gross Violations Offenders shall be punished with imprisonment of not less than six years but not more than ten years at the discretion of the court. Juridical- president, manager, directors, trustees, pollution control officer or official directly charge of the operation  LET'S CR AIR POLLUTION EATE A CITY FREE OF TOGETHER!  Air pollution reduction There are several steps we can take to reduce air pollution and create a cleaner environment. Here are some solutions that can be implemented: Uses Renewable Reducing Motor Planting Trees Energy Vehicle Use  Conclusi on Maintaining pollution-free air is our collective responsibility to create a healthy environment for future generations. Through cooperation between governments, companies, communities and individuals, we can achieve significant change in reducing air pollution. Let's work together to maintain pollution free for a better air future Thank You