Overview and Updates on Environmental Laws

of the Philippines

The Philippine Environmental LawsThe Philippine Environmental Laws(1987 Philippine Constitution)(1987 Philippine Constitution)

Executive Order No. 192 designated the Executive Order No. 192 designated the Department of Environment and Natural Department of Environment and Natural Resources (DENR)Resources (DENR)

Environmental Management Bureau (EMB) is Environmental Management Bureau (EMB) is specifically tasked to implement, recommend, specifically tasked to implement, recommend, and provide technical assistance for their and provide technical assistance for their implementation and monitoringimplementation and monitoring

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

Provides permitting Provides permitting requirementsrequirements

Provides penalty provisionsProvides penalty provisions Provides Air and Water Provides Air and Water

Standard Standard

ECC Fees, Fines and ECC Fees, Fines and PenaltiesPenalties

Upon submission of the application shall pay filing fees and Upon submission of the application shall pay filing fees and other fees in accordance with prescribed standard cost and other fees in accordance with prescribed standard cost and fees.fees.

Penalty of suspension or cancellation of ECC and/or fine of Penalty of suspension or cancellation of ECC and/or fine of not more than P50,000/violationnot more than P50,000/violation Projects established and/or operating without ECCProjects established and/or operating without ECC Projects violating ECC conditions, Rules and RegulationProjects violating ECC conditions, Rules and Regulation Misrepresentation in the Documents submitted Misrepresentation in the Documents submitted

Pollution Control LawPollution Control LawP.D. 984P.D. 984

Clean Air Act of 1999 R.A. 8749

DAO 2000-81

Clean Water Act of 2004 R.A. 9275

DAO 2005-10

Toxic Substances & Hazardous and

Nuclear Waste Act of 1990

R.A. 6969

Ecological Waste Management Act of

2000 R.A. 9003 DAO 2001-34

Clean Air Act (CAA) of 1999 Clean Air Act (CAA) of 1999

A comprehensive policy and program A comprehensive policy and program for air quality management in the for air quality management in the country.country.

DENR Administrative Order No. 2000-DENR Administrative Order No. 2000-81 is the Implementing Rules and 81 is the Implementing Rules and Regulations of this Act.Regulations of this Act.

Pollution sources can be classified into:Pollution sources can be classified into:

Mobile sourcesMobile sources vehicles like cars, trucks, vans, buses, jeepneys, tricycles and vehicles like cars, trucks, vans, buses, jeepneys, tricycles and

motorcycles.motorcycles. Point/Stationary sourcesPoint/Stationary sources

industrial firms and the smoke stacks of power plants, hotels industrial firms and the smoke stacks of power plants, hotels and other establishmentsand other establishments

Area sources Area sources Refer to sources other than above, this include smoking, Refer to sources other than above, this include smoking,

buring of garbage, and dust from construction, unpaved buring of garbage, and dust from construction, unpaved ground and the like.ground and the like.

Stationary SourcesStationary Sources All sources of air pollution must have a valid All sources of air pollution must have a valid Permit-to-Permit-to-

Operate.Operate.

All proposed or planned construction or modification of All proposed or planned construction or modification of sources that has the potential to emit 100 tons per year or sources that has the potential to emit 100 tons per year or more of any of the regulated pollutants are required to more of any of the regulated pollutants are required to have an approved have an approved Authority to ConstructAuthority to Construct before before implementation.implementation.

For purposes of sampling, planning, research and other For purposes of sampling, planning, research and other similar purposes, the DENR-EMB, may issue a similar purposes, the DENR-EMB, may issue a Temporary Temporary Permit-to-OperatePermit-to-Operate not to exceed ninety (90) days, not to exceed ninety (90) days, provided that the applicant has pending application for provided that the applicant has pending application for Permit-to-Operate. Permit-to-Operate.

Stationary SourcesStationary Sources Permit-to-Operate is valid for one (1) year from the date of Permit-to-Operate is valid for one (1) year from the date of

issuance unless sooner suspended or revoked and must be issuance unless sooner suspended or revoked and must be renewed thirty (30) days before the expiration date and upon renewed thirty (30) days before the expiration date and upon payment or the required fees and compliance with requirements. payment or the required fees and compliance with requirements.

In case of sale or legal transfer of a facility covered by a permit, 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 the permittee shall notify the DENR-EMB within thirty (30) days from the date of sale or transferfrom the date of sale or transfer

The owner or the Pollution Control Officer shall keep a record of 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-the operation of the sources and shall furnish a copy to the DENR-EMB in a quarterly basis.EMB in a quarterly basis.

Right of Entry, Inspection and Testing by the authorized Right of Entry, Inspection and Testing by the authorized representative of DENR-EMB.representative of DENR-EMB.

Fines & PenaltiesFines & Penalties

A fine of A fine of << P 100,000.00 for everyday of violation P 100,000.00 for everyday of violation of standards until such time that standards have of standards until such time that standards have been complied with been complied with

For violations of all other provisions a fine of not For violations of all other provisions a fine of not less than P 10,000 but nor more than P100,000 or less than P 10,000 but nor more than P100,000 or six (6) months to six (6) years or both. If the six (6) months to six (6) years or both. If the offender is a juridical person, the president, offender is a juridical person, the president, manager, directors, trustees, the pollution control manager, directors, trustees, the pollution control officer of the officials directly in charge of the officer of the officials directly in charge of the operations suffer the penalty.operations suffer the penalty.

Clean Water Act (CWA) of 2004Clean Water Act (CWA) of 2004 General Application - Water Quality Management General Application - Water Quality Management

in all water bodiesin all water bodies

Primary Application - abatement & control of Primary Application - abatement & control of pollution from land based sourcespollution from land based sources

Enforcement of WQ standards, regulations and Enforcement of WQ standards, regulations and penalties – irrespective of source of pollution penalties – irrespective of source of pollution

DENR Administrative Order No. 2005-10 is set as DENR Administrative Order No. 2005-10 is set as the Implementing Rules and Regulation of this the Implementing Rules and Regulation of this ACTACT

Discharge Permit Discharge Permit The legal authorization to discharge wastewater.The legal authorization to discharge wastewater.

For industries without any discharge permit is given a period For industries without any discharge permit is given a period of twelve (12) months after the effectivity of the IRR, DAO of twelve (12) months after the effectivity of the IRR, DAO 2005-10 dated May 16, 2005, to secure a discharge permit.2005-10 dated May 16, 2005, to secure a discharge permit.

Pollution sources currently discharging to existing sewerage Pollution sources currently discharging to existing sewerage system with operational wastewater treatment facilities shall system with operational wastewater treatment facilities shall be exempt from the permit requirement.be exempt from the permit requirement.

The discharge permit is valid for a maximum period of five (5) The discharge permit is valid for a maximum period of five (5) years from the date of its issuance and must be renewed 30 years from the date of its issuance and must be renewed 30 days before expiration.days before expiration.

The self-monitoring report shall be submitted to the Regional The self-monitoring report shall be submitted to the Regional Offices within fifteen (15) calendar days after the end of each Offices within fifteen (15) calendar days after the end of each quarter. quarter.

Fines, Damages and Fines, Damages and PenaltiesPenalties

A fine of not less than P 10,000 not A fine of not less than P 10,000 not more than P 200,000 for every day of more than P 200,000 for every day of violationviolation

Gross Violation has a fine of not less Gross Violation has a fine of not less than P 500,000 but not more than than P 500,000 but not more than P3M per day or imprisonment of not P3M per day or imprisonment of not less than six (6) years but not more less than six (6) years but not more than ten (10) years or both.than ten (10) years or both.

Ecological Solid Waste Ecological Solid Waste Management Act of 2000Management Act of 2000

RA 9003 institute measures to promote a more acceptable RA 9003 institute measures to promote a more acceptable system which corresponds to the vision of sustainable system which corresponds to the vision of sustainable development. Generally, it aims to merge environmental development. Generally, it aims to merge environmental protection with economic pursuits, recognizing the re-protection with economic pursuits, recognizing the re-orientation of the community’s view on solid waste, thereby orientation of the community’s view on solid waste, thereby providing schemes for waste minimization, volume providing schemes for waste minimization, volume reduction, resource recovery utilization and disposal.reduction, resource recovery utilization and disposal.

The DENR Administrative Order No-2001-34 issued on The DENR Administrative Order No-2001-34 issued on December 21, 2001 is set as the Implementing Rules and December 21, 2001 is set as the Implementing Rules and Regulations for R.A. 9003.Regulations for R.A. 9003.

Institutional MechanismInstitutional Mechanism

Ecological Solid WasteManagement Act

Local GovernmentUnits

National Solid WasteManagement Commission

Citizens

National Solid Waste Management National Solid Waste Management CommissionCommission

• DENR (Chairman)DENR (Chairman) PIAPIA• DILGDILG MMDAMMDA • DOSTDOST League of ProvincesLeague of Provinces• DPWHDPWH League of CitiesLeague of Cities• DOHDOH League of MunicipalitiesLeague of Municipalities• DTIDTI Liga ng mga BarangayLiga ng mga Barangay• DADA• TESDATESDA

INSTITUTIONAL MECHANISM INSTITUTIONAL MECHANISM

(National Level)(National Level)

SWM HierarchySWM Hierarchy

Source reduction & minimization of wastesSource reduction & minimization of wastes Resource recovery, recycling & reuse at the Resource recovery, recycling & reuse at the

community/barangay levelcommunity/barangay level

Collection, proper transfer & transport of Collection, proper transfer & transport of wastes by city/municipalitywastes by city/municipality

Management/ destruction or reuse of Management/ destruction or reuse of residuals / final disposalresiduals / final disposal

Segregation shall be primarily Segregation shall be primarily conducted at source to include:conducted at source to include: HouseholdHousehold InstitutionalInstitutional Industrial facilityIndustrial facility Commercial/business establishmentCommercial/business establishment Agricultural areaAgricultural area

Mandatory Segregation at Mandatory Segregation at SourceSource

Management of Residuals & Management of Residuals & Final Disposal SitesFinal Disposal Sites

Closure of all open dumpsitesClosure of all open dumpsites

Conversion of all open dumpsites to controlled Conversion of all open dumpsites to controlled dumps within 3 years to operate only within five (5) dumps within 3 years to operate only within five (5) years. years.

Minimum requirements in siting, designing and Minimum requirements in siting, designing and operation of disposal sitesoperation of disposal sites

Sec. 48 (3)Sec. 48 (3)Open burning is not allowedOpen burning is not allowed

Fines and PenaltiesFines and Penalties

Depending on the Prohibited Acts that is Depending on the Prohibited Acts that is committed penalty ranges from P300.00 to committed penalty ranges from P300.00 to P1,000,000.00 and/or imprisonment of 1 day to 6 P1,000,000.00 and/or imprisonment of 1 day to 6 years.years.

If the offense is committed by a corporation, If the offense is committed by a corporation, partnership, or other juridical entity the chief partnership, or other juridical entity the chief executive officer, president, general manager, executive officer, president, general manager, managing partner or such other officer-in-charge managing partner or such other officer-in-charge shall be liable for the commission of the offense shall be liable for the commission of the offense penalized under this Act. penalized under this Act.

Conceptual Framework of RA Conceptual Framework of RA 90039003

Residuals Management

Drop off

Center

sorting

recycling composting

P C M

MRF

Compostable

wastes

Recyclable

WastesNon-

Recyclabes

Special

Wastes

Barangay Level

Municipal/ City Level

Collection by municipality/ city

junkyards/ stores / factories

Gardens/

farms

Business and Industry RoleBusiness and Industry Role

To initiate, participate and invest in integrated ecological To initiate, participate and invest in integrated ecological solid waste management projectssolid waste management projects

To manufacture environmental-friendly products, to To manufacture environmental-friendly products, to introduce, develop and adopt innovative processes that introduce, develop and adopt innovative processes that shall recycle and re-use materials, conserve raw materials shall recycle and re-use materials, conserve raw materials and energy, reduce waste and prevent pollutionand energy, reduce waste and prevent pollution

To undertake community activities to promote and To undertake community activities to promote and propagate effective solid waste management practicespropagate effective solid waste management practices

Toxic Substances & Hazardous Toxic Substances & Hazardous and Nuclear Wasteand Nuclear Waste

The Act directs the Department of Environment and Natural The Act directs the Department of Environment and Natural Resources (DENR) to establish rules, regulations, and Resources (DENR) to establish rules, regulations, and programs for controlling chemical substances and programs for controlling chemical substances and hazardous wastes in the Philippines.hazardous wastes in the Philippines.

The “Implementing Rules and Regulations of Republic Act The “Implementing Rules and Regulations of Republic Act 6969” Department Administrative Order 29 (DAO 29) was 6969” Department Administrative Order 29 (DAO 29) was signed in June of 1992. It provides a general regulatory signed in June of 1992. It provides a general regulatory framework that industry must meet to reach compliance framework that industry must meet to reach compliance with RA 6969.with RA 6969.

Regulate, limit, and prohibit importation, Regulate, limit, and prohibit importation, manufacture, processing, sale, distribution, and manufacture, processing, sale, distribution, and use, and disposal of chemical substances and use, and disposal of chemical substances and mixtures that present unreasonable risk to public mixtures that present unreasonable risk to public health and environmenthealth and environment

Prohibit the entry and disposal of hazardous wastes Prohibit the entry and disposal of hazardous wastes into the Philippines territorial limitsinto the Philippines territorial limits

Advance and facilitate research on toxic chemicals Advance and facilitate research on toxic chemicals and hazardous wastesand hazardous wastes

POLICYPOLICY

Coverage of RA 6969Coverage of RA 6969

Chemical Management (Title II)

Hazardous Waste Management (Title III)

“virgin materials”

“waste materials”

CHEMICAL CONTROL CHEMICAL CONTROL ORDERS ORDERS (CCO)(CCO)

CCOs are DENR orders that:CCOs are DENR orders that:• • ProhibitProhibit• • LimitLimit• • RegulateRegulate

the use, manufacture, import, export, transport, the use, manufacture, import, export, transport, process, storage, possession, sale of those process, storage, possession, sale of those priority chemicals that DENR determines pose priority chemicals that DENR determines pose hazard to public health and environment.hazard to public health and environment.

DENR establishes and publishes the specific DENR establishes and publishes the specific criteria and reporting requirements for CCOscriteria and reporting requirements for CCOs

Chemical Control Order Chemical Control Order (CCOs)(CCOs)

DAO 97-38: CCO for Mercury and its compoundsDAO 97-38: CCO for Mercury and its compounds ban, regulated and /or limited useban, regulated and /or limited use

DAO 97-39: CCO for Cyanide and its compoundsDAO 97-39: CCO for Cyanide and its compounds ban, regulated and/or limited useban, regulated and/or limited use

DAO 2000-02: CCO for asbestosDAO 2000-02: CCO for asbestos ban, regulated/selected/limited useban, regulated/selected/limited use

DAO 2000-18: CCO for Ozone DepletingDAO 2000-18: CCO for Ozone Depleting Substances (ODSs)Substances (ODSs) ban and/or phase outban and/or phase out

DAO 2004-01: for Polychlorinated Biphenyls (PCBs)DAO 2004-01: for Polychlorinated Biphenyls (PCBs) ban and/or phase outban and/or phase out

POLICY ON HAZARDOUS POLICY ON HAZARDOUS WASTEWASTE

Prohibit the entry, even in the transit, or hazardous wastes Prohibit the entry, even in the transit, or hazardous wastes and their disposal into the Philippines territorial limits.and their disposal into the Philippines territorial limits.

Management of hazardous waste in a manner not to cause Management of hazardous waste in a manner not to cause pollution of the environment and harm harm to public pollution of the environment and harm harm to public health and natural resources.health and natural resources.

Make the waste generators responsible for management Make the waste generators responsible for management and disposal of hazardous wastes and financially and disposal of hazardous wastes and financially responsible for the cost of proper storage, treatment, and responsible for the cost of proper storage, treatment, and disposal of hazardous wastes they generate.disposal of hazardous wastes they generate.

KEY ACTORSKEY ACTORS

Waste Generators: a person who generates or Waste Generators: a person who generates or produces, through any commercial, industrial produces, through any commercial, industrial or trade activities, hazardous wastes.or trade activities, hazardous wastes.

Waste Transporters: a person who is licensed Waste Transporters: a person who is licensed to transport hazardous wastes.to transport hazardous wastes.

Waste Treater: a person who is licensed to Waste Treater: a person who is licensed to treat, store, recycle, or dispose of hazardous treat, store, recycle, or dispose of hazardous wastes.wastes.

PENALTIESPENALTIES Administrative violations of Section 41 of IRR, and feesAdministrative violations of Section 41 of IRR, and fees

10,000 to P50,00010,000 to P50,000

Criminal offenses of Section 42 (1) of IRR, and penaltiesCriminal offenses of Section 42 (1) of IRR, and penalties

P600 to P4,000, andP600 to P4,000, and

6 month to 6 years imprisonment6 month to 6 years imprisonment

Criminal offenses of Section 13 (d) of RA 6969 Act, and Criminal offenses of Section 13 (d) of RA 6969 Act, and penaltiespenalties

12 to 20 years imprisonment (persons)12 to 20 years imprisonment (persons)

12 to 20 years imprisonment and at least P500,000 (corporate)12 to 20 years imprisonment and at least P500,000 (corporate)

A Point to Ponder A Point to Ponder

““Only when the last tree is cut…..Only when the last tree is cut…..

Only when the last fish is caught….Only when the last fish is caught….

Only when the last river is polluted….Only when the last river is polluted….

Only then will man know that money Only then will man know that money cannot be eaten.”cannot be eaten.”

Thank You!Thank You!