Environmental Laws

and Regulations

ronmental
Historical Background

Environmental regulations have exist

ed
for
centuries.
gineering
In about 1300 A.D., King Edward II of
England reportedly ordered any perso
n burning coal to be hanged because
of poor quality of air

ENGR. YVONNE LIGAYA F.

MUSICO

ronmental
Historical Background

The first significant laws were federal

statutes passed in the United States i
gineering
n the 1970s dealing with air and surfa
ce water quality and hazardous waste

ENGR. YVONNE LIGAYA F.

MUSICO

Why are Environmental Laws

ronmental
Passed?

After environmental problems were un

derstood and made public, citizens and
gineering
US congress had to be convinced of th
e seriousness of the risks, so laws coul
d be passed to protect human health a
nd environment.

ENGR. YVONNE LIGAYA F.

MUSICO

Who governs environmental law

ronmental
s and policies?

Environmental Protection Agency (EP

A) is the primary agency responsible for
gineering
protecting the environment, although se
veral other agencies are also involved in
particular areas.

ENGR. YVONNE LIGAYA F.

5
MUSICO

The Philippine Environmental Laws

(1987 Philippine Constitution)

ronmental

gineering

Executive Order No. 192 designated the Department of Environmen

t and Natural Resources (DENR)
Environmental Management Bureau (EMB) is specifically tasked to i
mplement, recommend, and provide technical assistance for their im
plementation and monitoring

ENGR. YVONNE LIGAYA F.

MUSICO

Philippine Environmental Law

ronmental

Environmental Impact Statement System

gineering
P.D. 1586

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

ENGR. YVONNE LIGAYA F.

MUSICO

Pollution Control Law

P.D. 984

Provides permitting
requirements
Provides penalty provisions
Provides Air and Water
Standard

Environmental Impact Statement (EIS) Sy

stem
DAO 2003-30

ronmental

Clarification on the Scope of the Philippine EIS System.

gineering

Simplification of Requirements for Securing ECC.

Streamlining of Procedures.
Strengthening the Implementation of the Philippine EIS System

ENGR. YVONNE LIGAYA F.

MUSICO

Scope of the EIS System

ronmental

Project/Undertaking

Covered
ECC

Not Covered
CNC

gineering
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
ENGR. YVONNE LIGAYA F.
MUSICO

Documentary Requirements & Processing Time

ronmental
CATEGORY

APPLIED TO

DOCUMENTS REQUIRED
FOR ECC APPLICATION

MAXIMUM TIME TO
GRANT OR DENY THE
APPLICATION &
DECIDING AUTHORITY

Co-located
Projects

Programmatic EIS

180 days
DENR Secretary

Single Projects

EIS

120 days
DENR Secretary

Co-located
Projects

Programmatic EPRMP

120 days
DENR Secretary

Single Project

EPRMP

90 days
EMB Central office Director

B-1: New

Single Project

IEE or IEE Checklist (if

available)

60 days
EMB Regional Director

B-2:Existing and to be
expanded (including
undertakings that have
stopped operations for
more than 5 years and
plan to re-start, w/ or w/o
expansion)

Single Project

EPRMP (based on a
checklist if available)

30 Days
EMB Regional Director

Co-located
Project

PEPRMP

60 days
EMB Central Office Director

Co-located or
Single Projects

Project Description

A-1: New

gineering
A:
Environmentall
y Critical
Projects

A-2: Existing and to be

expanded (including
undertakings that have
stopped operations for
more than 5 years and
plan to re-start, w/ or w/o
expansion
A-3:Operating without
ECC

B: Projects
located in an
ECA

B-3: Operating without

ECC
C:
Environmental
Enhancement
or Direct
Mitigation

10

15 days
EMB Regional Director

ronmental
Amending an ECC

Major Amendment
Expansion of land/project area
Increase in production capacity
Major change/s in process flow or technology

gineering

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

ENGR. YVONNE LIGAYA F.

MUSICO

11

Monitoring of Projects with ECCs

ronmental
Multipartite Monitoring Team (MMT)
Environmental Monitoring Fund

gineering

Self-monitoring and Third Party Audit

Environmental Guarantee Fund
Mandatory Environmental Insurance Coverage (AO 2005-06)

Abandonment

ENGR. YVONNE LIGAYA F.

MUSICO

12

ronmental
Fees, Fines and Penalties
Upon submission of the application shall pay filing fees and other fe
es in accordance with prescribed standard cost and fees.

gineering

Penalty of suspension or cancellation of ECC and/or fine of not mor

e 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

ENGR. YVONNE LIGAYA F.

MUSICO

13

ronmental

Summary of EIA process and Rough Timelines

Who does it?

Investor

Submission of application (Form 1, prelim reports)

gineering

Stage 1: Screening; Decide project A, B1 or B2

Expert
Committee

60 days

Stage 2: Scoping; Come up with Terms of Reference (TOR)

Investor

Prepare preliminary EIA report

45 days

State Pollution
Control Board

Stage 3: Public consultation

Update EIA report (Investor)

60 days

Expert
Committee

Stage 4: Appraisal

15 days
30 days

Final Decision
ENGR. YVONNE LIGAYA F. MUSICO

14

Regulatory
Authority

Pollution Control Law

ronmental
P.D. 984

gineering

Clean Air Act of 1999 R.A.

8749
DAO 200081

Clean Water Act of 2004

R.A.
9275
DAO 2005-10

Toxic Substances &

Hazardous and Nuclear
Waste Act of 1990
R.A. 6969

ENGR. YVONNE LIGAYA F.

MUSICO

Ecological Waste
Management Act of 2000
R.A. 9003
DAO 2001-34

15

ronmental
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 Regulatio
ns of this Act.

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

16

Pollution sources can be classified int

o:

ronmental
Mobile sources

vehicles like cars, trucks, vans, buses, jeepneys, tricycles and motorcycl
es.

gineering

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 garba
ge, and dust from construction, unpaved ground and the like.

ENGR. YVONNE LIGAYA F.

MUSICO

17

ronmental
Stationary Sources
All sources of air pollution must have a valid Permit-to-Operate.

gineering

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 reg
ulated pollutants are required to have an approved Authority to Co
nstruct before implementation.
For purposes of sampling, planning, research and other similar purp
oses, the DENR-EMB, may issue a Temporary Permit-to-Operate
not to exceed ninety (90) days, provided that the applicant has pend
ing application for Permit-to-Operate.

ENGR. YVONNE LIGAYA F.

MUSICO

18

ronmental
Stationary Sources

Permit-to-Operate is valid for one (1) year from the date of issuance unless soon
er suspended or revoked and must be renewed thirty (30) days before the expira
tion date and upon payment or the required fees and compliance with requireme
nts.

gineering

In case of sale or legal transfer of a facility covered by a permit, the permittee sh

all 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 DENREMB.

ENGR. YVONNE LIGAYA F.

MUSICO

19

ronmental
Fines & Penalties
A fine of < P 100,000.00 for everyday of violation of stan
dards until such time that standards have been complied
with

gineering

For violations of all other provisions a fine of not less tha

n P 10,000 but nor more than P100,000 or six (6) month
s to six (6) years or both. If the offender is a juridical pers
on, the president, manager, directors, trustees, the polluti
on control officer of the officials directly in charge of the o
perations suffer the penalty.

ENGR. YVONNE LIGAYA F.

MUSICO

20

Clean Water Act (CWA) of 2004

ronmental
General Application - Water Quality Management in all water bodies

gineering

Primary Application - abatement & control of pollution from land bas

ed sources
Enforcement of WQ standards, regulations and penalties irrespect
ive of source of pollution
DENR Administrative Order No. 2005-10 is set as the Implementing
Rules and Regulation of this ACT

ENGR. YVONNE LIGAYA F.

MUSICO

21

Discharge Permit

ronmental

The legal authorization to discharge wastewater.

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

gineering

Pollution sources currently discharging to existing sewerage system with operatio

nal 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 dat
of its issuance and must be renewed 30 days before expiration.

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

ENGR. YVONNE LIGAYA F.

MUSICO

22

Fines, Damages and Penalties

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

gineering

Gross Violation has a fine of not less than P 50

0,000 but not more than P3M per day or impriso
nment of not less than six (6) years but not more
than ten (10) years or both.

ENGR. YVONNE LIGAYA F.

MUSICO

23

Ecological Solid Waste Managem

ronmental
ent Act of 2000
RA 9003 institute measures to promote a more acceptable system
which corresponds to the vision of sustainable development. Gene
rally, it aims to merge environmental protection with economic pursui
ts, recognizing the re-orientation of the communitys view on solid w
aste, thereby providing schemes for waste minimization, volume red
uction, resource recovery utilization and disposal.

gineering

The DENR Administrative Order No-2001-34 issued on December 2

1, 2001 is set as the Implementing Rules and Regulations for R.A. 9
003.

ENGR. YVONNE LIGAYA F.

MUSICO

24

Institutional
Mechanism
ronmental
National Solid Waste
Management Commission

gineering

Local Government
Units

Ecological Solid Waste

Management Act

Citizens
ENGR. YVONNE LIGAYA F.
MUSICO

25

INSTITUTIONAL MECHANISM
ronmental
(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

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

26

SWM
Hierarchy
ronmental

Source reduction & minimization of wastes

Resource recovery, recycling & reuse at the com

gineering
munity/barangay level

Collection, proper transfer & transport of wastes b

y city/municipality

Management/ destruction or reuse of residuals / fi

nal disposal

ENGR. YVONNE LIGAYA F.

MUSICO

27

Mandatory Segregation at Sourc

ronmental
e
Segregation shall be primarily conducted at sour
ce to include:
Household
Institutional
Industrial facility
Commercial/business establishment
Agricultural area

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

28

Mandatory Solid Waste Diversion

ronmental
LGUs to divert 25% of solid waste from waste disposal fa
cilities through resource recovery activities within 5 years

gineering
baseline to be derived from waste characterization result
s
goal to be increased every 3 years

ENGR. YVONNE LIGAYA F.

MUSICO

29

Management of Residuals & Final Dispo

sal Sites

ronmental

Closure of all open dumpsites

gineering
Conversion of all open dumpsites to controlled dumps wi
thin 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

ENGR. YVONNE LIGAYA F.

MUSICO

30

ronmental
Fines and Penalties
Depending on the Prohibited Acts that is committed pena
lty ranges from P300.00 to P1,000,000.00 and/or impriso
nment of 1 day to 6 years.

gineering

If the offense is committed by a corporation, partnership,

or other juridical entity the chief executive officer, preside
nt, general manager, managing partner or such other offi
cer-in-charge shall be liable for the commission of the off
ense penalized under this Act.

ENGR. YVONNE LIGAYA F.

MUSICO

31

Conceptual Framework of RA 9003

ronmental
Municipal/
City Level

Residuals Management

gineering

Collection by
municipality/ city

Barangay
Level
Compostable
wastes

Recyclable
Wastes

MRF
Non-

Special

Recyclabes

Wastes

Drop off

sorting

Center
recycling
P

composting

M
32

ENGR. YVONNE LIGAYA F. MUSICO

Gardens/
farms

junkyards/ stores /
factories

ronmental
Business and Industry Role
To initiate, participate and invest in integrated ecological solid waste
management projects

gineering

To manufacture environmental-friendly products, to introduce, devel

op and adopt innovative processes that shall recycle and re-use mat
erials, conserve raw materials and energy, reduce waste and preven
t pollution
To undertake community activities to promote and propagate effectiv
e solid waste management practices

ENGR. YVONNE LIGAYA F.

MUSICO

33

Toxic Substances & Hazardous and Nu

clear Waste

ronmental

The Act directs the Department of Environment and Natural Resourc

es (DENR) to establish rules, regulations, and programs for controlli
ng chemical substances and
hazardous wastes in the Philippine
s.

gineering

The Implementing Rules and Regulations of Republic Act 6969 De

partment Administrative Order 29 (DAO 29) was signed in June of 1
992. It provides a general regulatory framework that industry must
meet to reach compliance with RA 6969.

ENGR. YVONNE LIGAYA F.

MUSICO

34

POLICY

ronmental
Regulate, limit, and prohibit importation, manufacture, pr
ocessing, sale, distribution, and use, and disposal of che
mical substances and mixtures that present unreasonabl
e risk to public health and environment

gineering

Prohibit the entry and disposal of hazardous wastes into

the Philippines territorial limits
Advance and facilitate research on toxic chemicals and h
azardous wastes

ENGR. YVONNE LIGAYA F.

MUSICO

35

ronmental

Coverage of RA 6969

gineering
Chemical

Management (Title II)

virgin materials

Hazardous

Waste Management (Title III)

waste materials

ENGR. YVONNE LIGAYA F.

MUSICO

36

PROVISIONS OF TITLE II
(TOXIC CHEMICAL SUBSTANCES)

ronmental

Compile, maintain and update and inventory of chemical

substances that are stored, imported, exported, used, pr
ocessed, manufacture , transported in the country. The i
nventory is known as the Philippine inventory of chemica
ls and chemical substances (PICCS).

gineering

Require manufacturers and importers to submit pertinent

data and information on the existing chemical substance
s that they manufacture or import.
Establish the Philippine Priority Chemicals list( PCL).

ENGR. YVONNE LIGAYA F.

MUSICO

37

PROVISIONS OF TITLE II
(TOXIC CHEMICAL SUBSTANCES)

ronmental

Require screening of new chemical substances by seeki

ng all available information to asses the risk posed by ne
w chemical substances to public health and to the envir
onment (PMPIN).

gineering

Regulate, limit, gradually phase-out, and ban those che

mical substances that are determined to pose unreasona
ble risk to public health and environment through the iss
uance of CCOs.

ENGR. YVONNE LIGAYA F.

MUSICO

38

Chemicals management

ronmental

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.

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

39

PRIORITY CHEMICAL LIST (PCL)

ronmental
PCL includes selected chemicals for the PICCS and new
chemical substances notification that pose unreasonable
risk to health and environment.

gineering

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.

ENGR. YVONNE LIGAYA F.

MUSICO

40

CHEMICAL CONTROL ORDERS (CC

ronmental
O)
CCOs are DENR orders that:
Prohibit
Limit
Regulate

gineering

the use, manufacture, import, export, transport, process, sto

rage, possession, sale of those priority chemicals that DEN
R determines pose hazard to public health and environment.
DENR establishes and publishes the specific criteria and re
porting requirements for CCOs

ENGR. YVONNE LIGAYA F.

MUSICO

41

ronmental

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

gineering

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

ENGR. YVONNE LIGAYA F.

MUSICO

42

ronmental

POLICY ON HAZARDOUS WASTE

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

gineering

Management of hazardous waste in a manner not to cause pollution

of the environment and harm harm to public health and natural reso
urces.
Make the waste generators responsible for management and dispos
al of hazardous wastes and financially responsible for the cost of pr
oper storage, treatment, and disposal of hazardous wastes they gen
erate.

ENGR. YVONNE LIGAYA F.

MUSICO

43

KEY ACTORS
ronmental
Waste Generators: a person who generates or produces,
through any commercial, industrial or trade activities, haz
ardous wastes.

gineering

Waste Transporters: a person who is licensed to transpor

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

ENGR. YVONNE LIGAYA F.

MUSICO

44

ronmental
Updates on HazWaste

DAO 2004-36 Procedural Manual Titl

e 3 of DAO 92/29
gineering

ENGR. YVONNE LIGAYA F.

MUSICO

45

ronmental
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/chemi
cal
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/chemica
l

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

46

ronmental
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/hazardo
us
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

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

47

PENALTIES

ronmental

Administrative violations of Section 41 of IRR, and fees

10,000 to P50,000

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

gineering

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)

ENGR. YVONNE LIGAYA F.

MUSICO

48

ronmental
Reference
Aquino, R. M. Overview and Updates on
Environmental Laws
of the Philippines, PowerPoint Presentati
on, Sanko Business Incorporation.
http://www.chanrobles.com/legal9.htm#.U
b5rTfk3Bsk

gineering

ENGR. YVONNE LIGAYA F.

MUSICO

49

Thank You

Kingsoft Office

ake Presentation much more fun