Overview and Updates on Environmental Laws of the Philippines

1
Overview and Updates on Environmental Laws of
the Philippines

• By
• ENGR. ROWENA M. AQUINO

2
The Philippine Environmental Laws(1987
Philippine Constitution)

• Executive Order No. 192 designated the Department
  of Environment and Natural Resources (DENR)
• Environmental Management Bureau (EMB) is
  specifically tasked to implement, recommend, and
  provide technical assistance for their
  implementation and monitoring

3
Philippine Environmental Law
Environmental Impact Statement System P.D. 1586
Pollution Control Law P.D. 984

• Provides permitting requirements
• Provides penalty provisions
• Provides Air and Water Standard

• No projects shall be implemented without an
  Environmental Compliance Certificate (ECC)

4
Environmental Impact Statement (EIS) SystemDAO
2003-30

• Clarification on the Scope of the Philippine EIS
  System.
• Simplification of Requirements for Securing ECC.
• Streamlining of Procedures.
• Strengthening the Implementation of the
  Philippine EIS System

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Scope of the EIS System
Project/Undertaking
Covered ECC
Not Covered CNC
Category A
Category B
Category C
Category D
Category A Environmental Critical Projects
(ECP) Category B Projects located in
Environmentally Critical Areas (ECA) Category C -
Projects enhancing environmental quality or
address existing
environmental problems Category D Projects not
falling under other categories or unlikely to
cause adverse environmental impacts
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Documentary Requirements Processing Time
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Amending an ECC

• 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

8
Monitoring of Projects with ECCs

• Multipartite Monitoring Team (MMT)
• Environmental Monitoring Fund
• Self-monitoring and Third Party Audit
• Environmental Guarantee Fund
• Mandatory Environmental Insurance Coverage (AO
  2005-06)
• Abandonment

9
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

10
Pollution Control LawP.D. 984
Clean Water Act of 2004 R.A. 9275
DAO 2005-10
Clean Air Act of 1999 R.A. 8749
DAO 2000-81
Toxic Substances Hazardous and Nuclear Waste
Act of 1990 R.A. 6969
Ecological Waste Management Act of 2000 R.A. 9003
DAO 2001-34
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Clean Air Act (CAA) 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.

12
Pollution sources can be classified into

• Mobile sources
• vehicles like cars, trucks, vans, buses,
  jeepneys, tricycles and motorcycles.
• Point/Stationary sources
• industrial firms and the smoke stacks of power
  plants, hotels and other establishments
• Area sources
• Refer to sources other than above, this include
  smoking, buring of garbage, and dust from
  construction, unpaved ground and the like.

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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.

14
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.

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Fines Penalties

• A fine of lt 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.

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Clean Water Act (CWA) of 2004

• General Application - Water Quality Management in
  all water bodies
• Primary Application - abatement control of
  pollution from land based sources
• Enforcement of WQ 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

17
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.

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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.

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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 communitys 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.

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Institutional Mechanism
National Solid Waste Management Commission
Local Government Units
Ecological Solid Waste Management Act
Citizens
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INSTITUTIONAL MECHANISM (National Level)

• National Solid Waste Management Commission
• DENR (Chairman) PIA
• DILG MMDA
• DOST League of Provinces
• DPWH League of Cities
• DOH League of Municipalities
• DTI Liga ng mga Barangay
• DA
• TESDA

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SWM Hierarchy

• Source reduction minimization of wastes
• Resource recovery, recycling reuse at the
  community/barangay level
• Collection, proper transfer transport of wastes
  by city/municipality
• Management/ destruction or reuse of residuals /
  final disposal

23
Mandatory Segregation at Source

• Segregation shall be primarily conducted at
  source to include
• Household
• Institutional
• Industrial facility
• Commercial/business establishment
• Agricultural area

24
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

25
Management of Residuals 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
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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.

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Conceptual Framework of RA 9003
Residuals Management
Municipal/ City Level
Collection by municipality/ city
Barangay Level
MRF
Recyclable Wastes
Compostable wastes
Non- Recyclabes
Special Wastes
Drop off Center
sorting
recycling
composting
Gardens/ farms
P
C
M
junkyards/ stores / factories
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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

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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.

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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

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Coverage of RA 6969

• Chemical Management (Title II)

virgin materials

• Hazardous Waste Management (Title III)

waste materials
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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.

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• ? 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.
• .

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PRIORITY CHEM ICAL 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.

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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

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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

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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 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.

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KEY ACTORS

• Waste Generators a person who generates or
  produces, through any commercial, industrial or
  trade activities, hazardous wastes.
• Waste Transporters a person who is licensed to
  transport hazardous wastes.
• Waste Treater a person who is licensed to treat,
  store, recycle, or dispose of hazardous wastes.

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Updates on HazWaste

• DAO 2004-36 Procedural Manual Title 3 of DAO
  92/29

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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

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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

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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)

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A Point to Ponder

• Only when the last tree is cut..
• Only when the last fish is caught.
• Only when the last river is polluted.
• Only then will man know that money cannot be
  eaten.

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Thank You!