PHILIPPINE CLEAN AIR ACT (RA 8749)

Environmental Sustainability sec. 3 The state shall pursue a policy

balancing development and environmental protection.
Principle of sustainable development development that meets of
the present without compromising the ability of future generations to
meet their own needs.
Must comply and attain ambient air quality standards.
Human tolerance to pollution cannot be measured with certainty.
Sources of Air pollution:
1.
2.
3.
4.

Stationary sources
Mobile sources
Other sources
Fuels, Additives, and
Substances

5. Greenhouse gases and

Ozone Depleting
Substances
6. POPS (Persistent Organic
Pollutants)
7. Radio Active Emissions

Contents of the Status Report

1. Extent of pollution in the country
2. Analysis and evaluation of the current state
3. Identification of critical areas that needs closer monitoring
4. Recommendation for executive and legislative action
5. Other qualitative and quantitative data regarding the extent of air
pollution and air quality performance
Ban on Incineration
Sec. 20. Ban on incineration Incineration, hereby defined as the
burning of municipal, biomedical and hazardous waste, which process
emits poisonous and toxic fumes is hereby prohibited. Provided,
however the prohibition shall not apply to traditional small-scale
method of community/neighbourhood sanitation siga, traditional,
agricultural, cultural, health, and food preparation and crematoria.
Provided, further, the existing incinerators dealing with biomedical
wastes shall be out within 3 years after the effectivity of this Act...
Provided finally, in the interim, such units shall be limited to the
burning of pathological and infectious wastes, and subject to close
monitoring of DENR.
Citizens suits any person may file an appropriate action, civil,
criminal, or administrative against any person who violates the law
and standard.
Sec. 41 Citizens Suit
Any citizen may file an appropriate civil, criminal or administrative
action in the proper court against
a. Any person who violates or fails to comply with the provisions of
this Act or its implementing rules and regulations;
b. The department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; or
c. Any public officer who wilfully or grossly neglects the performance
of an act specifically enjoined as a duty by this Act or its
implementing rules and regulations; or abuses his authority in the
performance of his duty; or in any manner, improperly performs his
duties under this Act or its implementing rules and regulations.

PHILIPPINE CLEAN WATER ACT (RA 9275)

Section 2 states that:

The state shall pursue a policy of economic growth in a manner

consistent with the protection, preservation, and revival of the quality of
our fresh, brackish and marine waters.

Aims to protect the countrys water bodies from pollution from landbased sources.
Sources of Pollution
1. Point source
- Human settlement, farming and industrial domestic waste
water, agriculture and livestock
- means any identifiable source of pollution with specific point of
discharge into a particular water body.
2. Non Point Source
- means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or
rainwater, which picks up pollutants from farms and urban
areas.
Prohibited Acts
a) Discharging, depositing or causing to be deposited material of any
kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to be
washed into such surface water, either by tide action or by storm,
floods or otherwise, which could cause water pollution or impede
natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil
any substance in any form that would pollute groundwater. In the
case of geothermal projects, and subject to the approval of the
Department, regulated discharge for short- term activities (e.g.
well testing, flushing, commissioning, venting) and deep reinjection of geothermal liquids may be allowed: Provided, That
safety measures are adopted to prevent the contamination of the
groundwater;
c) Operating facilities that discharge regulated water pollutants
without the valid required permits or after the permit was revoked
for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by
vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage
sludge or solid waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals,
substances or pollutants listed under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or

through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A. No. 6969 into water bodies or wherein
the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
h) Undertaking activities or development and expansion of projects,
or operating wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing rules, and
regulations;
i) Discharging regulated water pollutants without the valid required
discharge permit pursuant to this Act or after the permit was
revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and
Management Area Action Plan. In such a case, sanctions shall be
imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the
Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and
records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever
required by, the Department in accordance with this Act; and
o) Directly using booster pumps in the distribution system or
tampering with the water supply in such a way as to alter or impair
the water quality.
The Pollution Adjudication Board
- Quasi-judicial body created under Section 19 of EO 192 for the
adjudication of pollution cases
- Assumes the functions of the Commission/Commissioners of the
National Pollution Control Commission with respect to the
adjudication of pollution cases under:
1. RA 3931
- An act creating the national water and air pollution control
commission
2. PD 984
- Providing for the revision of RA No. 3931, commonly known as
the Pollution Control Law, and for other purposes
Important prohibited acts under RA 8749
1. Violation of standards for stationary sources (for actual exceedance
of air quality standards or limitation)
2. Violation of any order, rule or regulation issued by the DENR with
respect to such standard or limitation
Important prohibited acts under RA 9275

1. Discharging or depositing materials that could pollute any water

body
2. Discharging regulated pollutants without valid discharge permit
3. Undertaking activities in violation of PD 1586 establishing an
environmental impact system
4. Transport or discharge of prohibited chemicals under RA 6969 an
act to control toxic substances and hazardous nuclear wastes
5. Transport or dumping of solid wastes under RA 9003 an act
providing for an ecological solid waste management program
Roles of Regional Offices in Adjudication Process
1. Action on complaints
2. Monitoring
3. Notice of violation
4. Technical conference
5. Elevating case to PAB
6. Implementation of CDO
Review Pollution Adjudication Process (p.16)

ECOLOGICAL SOLID WASTE MANAGEMENT ACT (RA 9003)

Systematic administration of activities which provide for segregation,

transportation, storage, transfer processing and all other waste
management activities.
To formulate a National Solid Waste Management Framework
Reduce, reuse, recycle
Prohibited Acts:
(1)Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and
establishment, or causing or permitting the same;
(2)Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other
requirements or permits set forth in or established pursuant to this
Act;
(3)The open burning of solid waste;
(4)Causing or permitting the collection of non-segregated or unsorted
waste;
(5)Squatting in open dumps and landfills;
(6)Open dumping, burying of biodegradable or nonbiodegradable
materials in flood-prone areas;
(7)Unauthorized removal of recyclable material intended for
collection by authorized persons;
(8)The mixing of source-separated recyclable material with other solid
waste in any vehicle, box, container or receptacle used in solid
waste collection or disposal;
(9)Establishment or operation of open dumps as enjoined in this Act,
or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of nonenvironmentally
acceptable packaging materials;
(11) Importation of consumer products packaged in
nonenvironmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as recyclable or
with recyclable content;
(13) Transport and dumping in bulk of collected domestic, industrial,
commercial and institutional wastes in areas other than centers of
facilities prescribed under this Act;
(14) Site preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance
Certificate required pursuant to Presidential Decree No. 1586 and
this Act and not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200)
meters from open dumps or controlled dumps or sanitary landfills;
and

(16) The construction or operation of landfills or any waste disposal

facility on any aquifer, groundwater reservoir or watershed area
and or any portions thereof;