Environmental Laws Philippine Environmental Law

and Regulations
Environmental Impact Statement
System P.D. 1586
Historical Background  -No projects shall be
implemented without an
• Environmental regulations have
Environmental Compliance
existed for centuries.
Certificate (ECC)
• In about 1300 A.D., King Edward
Pollution Control Law P.D. 984
II of England reportedly ordered
any person burning coal to be  Provides permitting requirements
hanged because of poor quality
 Provides penalty provisions
of air
 Provides Air and Water Standard
• The first significant laws were
federal statutes passed in the Environmental Impact Statement
United States in the 1970’s (EIS) System DAO 2003-30
dealing with air and surface water
quality and hazardous waste • Clarification on the Scope of the
Philippine EIS System.
Why are Environmental Laws
Passed? • Simplification of Requirements for
Securing ECC.
• After environmental problems
were understood and made • Streamlining of Procedures.
public, citizens and US congress • Strengthening the
had to be convinced of the Implementation of the Philippine
seriousness of the risks, so laws EIS System
could be passed to protect
human health and environment. Amending an ECC

Who governs environmental laws and Major Amendment

policies?  Expansion of land/project
• Environmental Protection area
Agency (EPA) is the primary  Increase in production
agency responsible for protecting capacity
the environment, although
several other agencies are also  Major change/s in process
involved in particular areas. flow or technology

The Philippine Environmental Laws Minor Amendment

(1987 Philippine Constitution)  Typographical error
• Executive Order No. 192  Extension of deadlines for
designated the Department of submission of post-ECC
Environment and Natural requirement/s
Resources (DENR)
 Extension of ECC validity
• Environmental Management
Bureau (EMB) is specifically  Change in company
tasked to implement, name/ownership
recommend, and provide  Decrease in land/project
technical assistance for their area or production
implementation and monitoring capacity
Monitoring of Projects with ECCs Pollution sources can be classified
into:
• Multipartite Monitoring Team
(MMT) • Mobile sources
 Environmental Monitoring  vehicles like cars, trucks,
Fund vans, buses, jeepney,
tricycles and motorcycles.
• Self-monitoring and Third Party
Audit • Point/Stationary sources
• Environmental Guarantee Fund  industrial firms and the
smoke stacks of power
 Mandatory Environmental
plants, hotels and other
Insurance Coverage (AO
establishments
2005-06)
• Area sources
• Abandonment
 Refer to sources other
Fees, Fines and Penalties
than above, this include
• Upon submission of the smoking, burning of
application shall pay filing fees garbage, and dust from
and other fees in accordance with construction, unpaved
prescribed standard cost and ground and the like.
fees.
Stationary Sources
• Penalty of suspension or
• All sources of air pollution must
cancellation of ECC and/or fine of
have a valid Permit-to-Operate.
not more than P50,000/violation
• All proposed or planned
 Projects established
construction or modification of
and/or operating without
sources that has the potential to
ECC
emit 100 tons per year or more of
 Projects violating ECC any of the regulated pollutants
conditions, EMP, Rules are required to have an approved
and Regulation Authority to Construct before
implementation.
 Misrepresentation in the
EIS/IEE or any other • For purposes of sampling,
Documents submitted planning, research and other
similar purposes, the DENR-
Clean Air Act (CAA) of 1999 EMB, may issue a Temporary
• A comprehensive policy and Permit-to-Operate not to exceed
program for air quality ninety (90) days, provided that
management in the country. the applicant has pending
application for Permit-to-Operate.
• DENR Administrative Order No.
2000-81 is the Implementing • Permit-to-Operate is valid for one
Rules and Regulations of this (1) year from the date of issuance
Act. 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 Discharge Permit
a facility covered by a permit, the
• The legal authorization to
permittee shall notify the DENR-
discharge wastewater.
EMB within thirty (30) days from
the date of sale or transfer • For industries without any
discharge permit is given a period
• The owner or the Pollution
of twelve (12) months after the
Control Officer shall keep a
effectivity of the IRR, DAO 2005-
record of the operation of the
10 dated May 16, 2005, to secure
sources and shall furnish a copy
a discharge permit.
to the DENR-EMB in a quarterly
basis. • Pollution sources currently
discharging to existing sewerage
• Right of Entry, Inspection and
system with operational
Testing by the authorized
wastewater treatment facilities
representative of DENR-EMB.
shall be exempt from the permit
Fines & Penalties requirement.
• A fine of < P 100,000.00 for • The discharge permit is valid for
everyday of violation of standards a maximum period of five (5)
until such time that standards years from the date of its
have been complied with issuance and must be renewed
30 days before expiration.
• For violations of all other
provisions a fine of not less than • The self-monitoring report shall
P 10,000 but nor more than be submitted to the Regional
P100,000 or six (6) months to six Offices within fifteen (15)
(6) years or both. If the offender calendar days after the end of
is a juridical person, the each quarter.
president, manager, directors,
Fines, Damages and Penalties
trustees, the pollution control
officer of the officials directly in • A fine of not less than P 10,000
charge of the operations suffer not more than P 200,000 for
the penalty. every day of violation
Clean Water Act (CWA) of 2004 • Gross Violation has a fine of not
less than P 500,000 but not more
• General Application - Water
than P3M per day or
Quality Management in all water
imprisonment of not less than six
bodies
(6) years but not more than ten
• Primary Application - (10) years or both.
abatement & control of pollution
Ecological Solid Waste Management
from land based sources
Act of 2000
• Enforcement of WQ standards,
• RA 9003 institute measures to
regulations and penalties –
promote a more acceptable
irrespective of source of pollution
system which corresponds to
• DENR Administrative Order No. the vision of sustainable
2005-10 is set as the development. Generally, it aims
Implementing Rules and to merge environmental
Regulation of this ACT protection with economic
pursuits, recognizing the re-
orientation of the community’s
view on solid waste, thereby
 providing schemes for waste • Conversion of all open dumpsites
minimization, volume reduction, to controlled dumps within 3
resource recovery utilization and years to operate only within five
disposal. (5) years.
• The DENR Administrative Order • Minimum requirements in siting,
No-2001-34 issued on December designing and operation of
21, 2001 is set as the disposal sites
Implementing Rules and
• Sec. 48 (3)
Regulations for R.A. 9003.
• Open burning is not allowed
SWM Hierarchy
Fines and Penalties
• Source reduction & minimization
of wastes • Depending on the Prohibited Acts
that is committed penalty ranges
• Resource recovery, recycling &
from P300.00 to P1,000,000.00
reuse at the community/barangay
and/or imprisonment of 1 day to 6
level
years.
• Collection, proper transfer &
• If the offense is committed by a
transport of wastes by
corporation, partnership, or other
city/municipality
juridical entity the chief executive
• Management/ destruction or officer, president, general
reuse of residuals / final disposal manager, managing partner or
such other officer-in-charge shall
Mandatory Segregation at Source
be liable for the commission of
• Segregation shall be primarily the offense penalized under this
conducted at source to include: Act.

– Household Business and Industry Role

– Institutional • To initiate, participate and invest
in integrated ecological solid
– Industrial facility waste management projects
– Commercial/business • To manufacture environmental-
establishment friendly products, to introduce,
– Agricultural area develop and adopt innovative
processes that shall recycle and
Mandatory Solid Waste Diversion re-use materials, conserve raw
• LGUs to divert 25% of solid materials and energy, reduce
waste from waste disposal waste and prevent pollution
facilities through resource • To undertake community
recovery activities within 5 years activities to promote and
• baseline to be derived from waste propagate effective solid waste
characterization results management practices

• goal to be increased every 3 Toxic Substances & Hazardous

years and Nuclear Waste

Management of Residuals & Final • The Act directs the Department of

Disposal Sites Environment and Natural
Resources (DENR) to establish
• Closure of all open dumpsites rules, regulations, and programs
for controlling chemical
 substances and hazardous chemical substances that they
wastes in the Philippines. manufacture or import.
• The “Implementing Rules and • Establish the Philippine Priority
Regulations of Republic Act Chemicals list( PCL).
6969” Department Administrative
• Require screening of new
Order 29 (DAO 29) was signed in
chemical substances by seeking
June of 1992. It provides a
all available information to asses
general regulatory framework that
the risk posed by new chemical
industry must meet to reach
substances to public health and
compliance with RA 6969.
to the environment (PMPIN).
POLICY
• Regulate, limit, and prohibit
• Regulate, limit, gradually phase-
importation, manufacture,
out, and ban those chemical
processing, sale, distribution, and
substances that are determined
use, and disposal of chemical
to pose unreasonable risk to
substances and mixtures that
public health and environment
present unreasonable risk to
through the issuance of CCOs.
public health and environment
Chemicals management
• Prohibit the entry and disposal of
hazardous wastes into the  Philippine Inventory of Chemical
Philippines territorial limits and Chemical Substances
(PICCS)
• Advance and facilitate research
on toxic chemicals and  Pre-manufacture, Pre-Importation
hazardous wastes Notification scheme (PMPIN)
 Priority Chemical List (PCL) -
Coverage of RA 6969 DAO 98-29
Chemical Management (Title II)  Chemical Control Orders (CCOs)
 Participation in international
 virgin materials treaties, agreements, etc.
Hazardous Waste Management (Title PRIORITY CHEMICAL LIST (PCL)
III)
• PCL includes selected chemicals
 “waste materials” for the PICCS and new chemical
substances notification that pose
PROVISIONS OF TITLE II
unreasonable risk to health and
(TOXIC CHEMICAL SUBSTANCES)
environment.
• Compile, maintain and update
• Specific criteria for inclusion of
and inventory of chemical
chemical substances into PCL
substances that are stored,
and reporting requirements for
imported, exported, used,
chemical substances in the PCL
processed, manufacture ,
shall be established and
transported in the country. The
published by DENR.
inventory is known as the
Philippine inventory of chemicals CHEMICAL CONTROL ORDERS
and chemical substances (CCO)
(PICCS).
• CCOs are DENR orders that:
• Require manufacturers and
importers to submit pertinent data • Prohibit
and information on the existing • Limit
 • Regulate and disposal of hazardous
wastes they generate.
• the use, manufacture, import,
export, transport, process, KEY ACTORS
storage, possession, sale of
• Waste Generators: a person who
those priority chemicals that
generates or produces, through
DENR determines pose hazard to
any commercial, industrial or
public health and environment.
trade activities, hazardous
• DENR establishes and publishes wastes.
the specific criteria and reporting
• Waste Transporters: a person
requirements for CCOs
who is licensed to transport
Chemical Control Order (CCOs) hazardous wastes.
DAO 97-38: CCO for Mercury and its • Waste Treater: a person who is
compounds licensed to treat, store, recycle,
or dispose of hazardous wastes.
ban, regulated and /or limited use
Updates on HazWaste
DAO 97-39: CCO for Cyanide and its
compounds • DAO 2004-36 Procedural
Manual Title 3 of DAO 92/29
 ban, regulated and/or limited use
Schedule of Fees (Title II)
DAO 2000-02: CCO for asbestos
• PMPIN (abbreviated form):
 ban, regulated/selected/limited P2,150.00/chemical
use
• PMPIN (detailed form):
DAO 2000-18: CCO for Ozone P3,750.00/chemical
Depleting
• Registration for chemicals under
Substances (ODSs) CCO: P2,250.00/chemical
 ban and/or phase out • Renewal of registration for
DAO 2004-01: for Polychlorinated chemicals under CCO:
Biphenyls (PCBs) P1,450.00/chemical

 ban and/or phase out • Importation clearance for

chemicals under CCO: P
POLICY ON HAZARDOUS WASTE 700.00/chemical
• Prohibit the entry, even in the • Certification of chemicals in the
transit, or hazardous wastes and PICCS: P 450.00/chemical
their disposal into the Philippines
territorial limits. • Certification for PCL biennial
report: P 500.00/chemical
• Management of hazardous waste
in a manner not to cause • Letter of intent for small quantity
pollution of the environment and importation: P 500.00/chemical
harm harm to public health and • Interim importation clearance for
natural resources. other chemicals: P
• Make the waste generators 500.00/chemical
responsible for management and Schedule of Fees (Title III)
disposal of hazardous wastes
and financially responsible for the • Registration of hazardous waste
cost of proper storage, treatment, 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
î 10,000 to P50,000
• Criminal offenses of Section 42
(1) of IRR, and penalties
î P600 to P4,000, and
î 6 month to 6 years
imprisonment
• Criminal offenses of Section 13
(d) of RA 6969 Act, and penalties
î 12 to 20 years
imprisonment (persons)
î 12 to 20 years
imprisonment and at least
P500,000 (corporate)