Environmental Laws

and Regulations
 Historical Background
• Environmental regulations have
existed for centuries.
• In about 1300 A.D., King Edward II of
England reportedly ordered any
person burning coal to be hanged
because of poor quality of air

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 Historical Background

• The first significant laws were federal

statutes passed in the United States
in the 1970’s dealing with air and
surface water quality and hazardous
waste

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 Why are Environmental Laws
Passed?
• After environmental problems were
understood and made public, citizens
and US congress had to be convinced
of the seriousness of the risks, so laws
could be passed to protect human
health and environment.

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 Who governs environmental
laws and policies?
• Environmental Protection Agency
(EPA) is the primary agency responsible
for protecting the environment, although
several other agencies are also involved
in particular areas.

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 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

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

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 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

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 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

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 Documentary Requirements & Processing Time
CATEGORY APPLIED TO DOCUMENTS REQUIRED MAXIMUM TIME TO GRANT
FOR 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 60 days
available) 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 10

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

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 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

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 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

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 Summary of EIA process and Rough Timelines
Who does it?

Submission of application (Form 1, prelim reports) Investor

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

Expert
60 days
Committee
Stage 2: Scoping; Come up with Terms of Reference (TOR)

Prepare preliminary EIA report Investor

State Pollution
45 days Stage 3: Public consultation Control Board
Update EIA report (Investor)
Expert
60 days Stage 4: Appraisal
Committee
15 days
Regulatory
30 days Final Decision
Authority 14
 Pollution Control Law
P.D. 984

Clean Air Act of 1999 R.A. 8749 Clean Water Act of 2004 R.A. 9275
DAO 2000-81 DAO 2005-10

Ecological Waste Management

Toxic Substances & Act of 2000 R.A. 9003
Hazardous and Nuclear DAO 2001-34
Waste Act of 1990
R.A. 6969

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 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
Regulations of this Act.

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 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.

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 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.

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 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.

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

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

than P 10,000 but nor more than P100,000 or six (6)
months to six (6) years or both. If the offender is a
juridical person, the president, manager, directors,
trustees, the pollution control officer of the officials
directly in charge of the operations suffer the penalty.

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 Clean Water Act (CWA) of 2004
• General Application - Water Quality Management in all water bodies

• Primary Application - abatement & control of pollution from land

based sources

• Enforcement of WQ standards, regulations and penalties –

irrespective of source of pollution

• DENR Administrative Order No. 2005-10 is set as the Implementing

Rules and Regulation of this ACT

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 Discharge Permit
• The legal authorization to discharge wastewater.

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

• Pollution sources currently discharging to existing sewerage system with

operational 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.

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 Fines, Damages and Penalties

• A fine of not less than P 10,000 not more than P

200,000 for every day of violation

• Gross Violation has a fine of not less than P

500,000 but not more than P3M per day or
imprisonment of not less than six (6) years but
not more than ten (10) years or both.

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 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.

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 Institutional Mechanism

National Solid Waste Local Government

Management Commission Units

Ecological Solid Waste

Management Act

Citizens

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 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

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 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

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

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 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

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 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

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 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.

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 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
32 /
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

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 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.

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 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

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 Coverage of RA 6969
 Chemical Management (Title II)
“virgin materials”

Hazardous Waste Management (Title III)

“waste materials”

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 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).

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 PROVISIONS OF TITLE II
(TOXIC CHEMICAL SUBSTANCES)

• 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.

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 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.
.

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 PRIORITY CHEMICAL 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.

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 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

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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

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 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.

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 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.

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 Updates on HazWaste

• DAO 2004-36 Procedural Manual

Title 3 of DAO 92/29

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 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

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 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

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 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)

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

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