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
 No projects shall be  Provides permitting
implemented without an requirements
Environmental Compliance  Provides penalty provisions
Certificate (ECC)  Provides Air and Water
Standard
 Environmental Impact Statement (EIS)
System
DAO 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

 Scope of the EIS System

Project/Undertaking

Covered Not Covered

ECC 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
 Documentary Requirements & Processing Time
CATEGORY APPLIED TO DOCUMENTS REQUIRED FOR MAXIMUM TIME TO GRANT
ECC APPLICATION OR DENY THE APPLICATION
& DECIDING AUTHORITY
A-1: New Co-located Programmatic EIS 180 days
Projects DENR Secretary
Single Projects EIS 120 days
DENR Secretary
A:
Environmentally A-2: Existing and to be Co-located Programmatic EPRMP 120 days
Critical Projects expanded (including Projects DENR Secretary
undertakings that have
stopped operations for more
than 5 years and plan to re- Single Project EPRMP 90 days
start, w/ or w/o expansion EMB Central office Director

A-3:Operating without ECC

B-1: New Single Project IEE or IEE Checklist (if available) 60 days
EMB Regional Director
B-2:Existing and to be Single Project EPRMP (based on a checklist if 30 Days
B: Projects expanded (including available) EMB Regional Director
located in an ECA undertakings that have
stopped operations for more
than 5 years and plan to re- Co-located PEPRMP 60 days
start, w/ or w/o expansion) Project EMB Central Office Director

B-3: Operating without ECC

C: Environmental
Enhancement or Co-located or Project Description 15 days
Direct Mitigation Single Projects EMB Regional Director

D. Not Covered Project Description or Proof of 15 days

Project Implementation prior to EMB CO or RO Director
1982
 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

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
 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
 Pollution Control Law
P.D. 984

Clean Air Act of 1999 Clean Water Act of 2004

R.A. 8749 R.A. 9275
DAO 2000-81 DAO 2005-10

Toxic Substances & Ecological Waste

Hazardous and Nuclear Management Act of 2000
Waste Act of 1990 R.A. 9003
R.A. 6969 DAO 2001-34
 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.
 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.
 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.
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 community’s 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.
 Institutional Mechanism
National Solid Waste Local Government
Management Commission Units

Ecological Solid Waste

Management Act

Citizens
 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
 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
 Mandatory Segregation at
Source
 Segregation shall be primarily conducted
at source to include:
 Household
 Institutional
 Industrial facility
 Commercial/business establishment
 Agricultural area
 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

 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
 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.
Conceptual Framework of RA 9003

Municipal/ Residuals Management

City Level

Collection by
Barangay municipality/ city
Level MRF
Recyclable
Compostable Non- Special
Wastes Drop off
wastes Recyclabes Wastes sorting
Center

recycling composting Gardens/

P C M
farms

junkyards/ stores
/ factories
 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
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.
 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
 Coverage of RA 6969
 Chemical Management (Title II)
“virgin materials”

Hazardous Waste Management (Title III)

“waste materials”
 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.
 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.
.
 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.
 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
 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
 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.
 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.
 Updates on HazWaste

 DAO 2004-36 Procedural Manual Title 3

of DAO 92/29
 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
 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
 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)

 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.”
Thank You!