Environmental Laws and Regulations in the Philippines
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Transcript of Environmental Laws and Regulations in the Philippines
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1Environmental Environmental Management Management
Laws, Rules and Laws, Rules and Regulations in the Regulations in the
PhilippinesPhilippines
The The
PhilippinesPhilippines
made up of 7,107 islands land area of 115,739 sq. m.
(299,764 sq. km.).
Main island groups are Luzon, Visayas, and Mindanao.
Capital is Manila.
CLIMATE
March to May is hot and dry. June to October is rainy,November to February is cool.Average temperatures: 78F /
25C to 90F / 32C; humidity is 77%.
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2POPULATIONThere are a total of 76.5 million Filipinos as of the latest national census in May, 2000 with projected population of 85.2 million in 2005. Luzon, the largest island group, accounts for more than half of the entire population.
Region IIIRegion III
GEOGRAPHICAL COORDINATES
Longitude Latitude
AURORA : 121.7780 15.8216
BATAAN : 120.5197 14.6448
BULACAN : 120.9784 14.9790
PAMPANGA : 120.6683 15.0739
TARLAC : 120.4918 15.5245
ZAMBALES : 120.0874 15.3006
NUEVA ECIJA : 121.0447 15.6314
DEMOGRAPHIC PROFILEDEMOGRAPHIC PROFILEOF OF
REGION IIIREGION III
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3POPULATIONBULACAN - 2,234,088PAMPANGA - 1,882,730NUEVA ECIJA - 1,659,883TARLAC - 1,068,783ZAMBALES - 627,802BATAAN - 557,659AURORA - 173,797 TOTAL 8,204,742
LAND AREA (km.2)
NUEVA ECIJA - 5.284.3 ZAMBALES - 3,714.4 AURORA - 3,239.5 TARLAC - 3,053.5BULACAN - 2,625.0PAMPANGA - 2,180.7BATAAN - 1,373.0TOTAL 18,230.8
environmental environmental managementmanagement
Environmental management as strategy for sustainable development requires the understanding of 3 things; natural processes (both physical and biological ) that operate in the worldrole that technology plays in our society and its capacity to alter natural processes as well as solve problems caused by human impactcomplex social processes that characterize human populations
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41976National Pollution Control Law ( P.D. 984 )- carried out by then National Pollution Control Commission ( NPCC )1978Philippine Environment Management Statement ( EIS ) System ( P.D. 1586 )- carried out by then National Environmental Protection Council ( NEPC )
1987 Constitution
( Article II,Section 16 )- The State should protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature
1987- Executive Order No. 192
- Reorganization of the DENR ,NPCC, NEPC and the Environmental Center of the Philippines- merged -EMB
MANDATEThe EMB is the primary government agency under the Department of Environment and Natural Resources (DENR) mandated to formulate, integrate, coordinate, supervise and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of the environment.
In January 2000, the EMB was converted into a line bureau from being a staff bureau of the DENR and the EMB Regional Offices were established.
Section 34 of the Phil. Clean Air Act of 1999 (RA 8749) and Section 2, Rule XLIV of DENR AO No. 2000-81, led to the conversion of EMB into a line bureau of the DENR. Consequently, the Environmental Management and Protected Areas Service (EMPAS) of the DENR regional office was converted into EMB Regional Offices in January 2000.
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5GENERAL OBJECTIVE
To properly manage and protect the environment in order to attain sustainable development while recognizing the primary responsibility of local government units, non-government agencies, private and business organizations in dealing with environmental problems.
SPECIFIC OBJECTIVESTo formulate, review and update
environmental policies, programs and projects on environmental management and pollution control.To establish and enforce environmental
quality standards such as the quality standards for water, air, land and noise for the protection and sustainable use of natural resources consistent with the national environmental goals and enforcement at the local government units.
SPECIFIC OBJECTIVESTo strengthen enforcement capability
to handle violation of the laws, rules, regulations and policies for the protection of the environment and promote the sustainable use of environmental resources.Promote public information and
education to encourage participation of an informed citizenry in environmental quality planning and monitoring.
SPECIFIC OBJECTIVESTo develop and implement Pollution Research and Development Program in support of the ff:
a. Environmental criteria and standardsformulation
b. Environmental monitoring and compliance monitoring
c. Study of existing and potential environmental problems & issues
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6SPECIFIC OBJECTIVESTo strengthen the enforcement & implementation of major Environmental Laws.
a. Presidential Decree 984 (Pollution Control Law)
b. Presidential Decree 1586 (The Environmental Impact Statement System Law)
c. Republic Act 6969 ( Toxic Substances and Hazardous and Nuclear Wastes Control Act )
d. Republic Act 8749 (Phil. Clean Air Act of 1999)
e. Republic Act 9003 (Ecological Solid Waste Management Act)
f. Republic Act 9275 (Phil. Clean Water Act of 2004)
LEGAL FRAMEWORKPresidential Decree 984:Pollution Control Law of 1976Provides for the Revisions of RA 3931 (1964) to strengthen the role of the National Pollution Control Commission (NPCC) as the sole primary Agency responsible for the prevention, control and abatement of air, land, water & noise pollution.
Executive Order No. 192: Creating the Department of Environment and Natural Resources (DENR) [1987] DENR is recognized as the primary Agency responsible for enforcing Environmental Laws. It absorbed the powers and functions of NPCC and NEPC now discharged by the EMB.
LEGAL FRAMEWORKOther Related Laws to Water Quality ManagementPD 600: Marine Pollution LawEstablishing the National Operations
Center for Oil Pollution (NOCOP) under the Philippine Coast Guard (PCG)
PD 1067: Water Code of the PhilippinesEstablishing the National Water
Resources Board (NWRB)Adopts adequate measures to conserve
and regulate the use of water in commercial, industrial & residential areas.Provides other policy guidelines on water
quality and management of water resources
Implementing Rules and Regulations (IRR) of PD 984
DAO 90-34: Revised water usage and classification Water Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and RegulationsDAO 90-35: Revised Effluent
Regulations of 1990, Revising and Amending the Effluent Regulations of 1982Ambient Noise Quality Standards
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7DAO # 34 Water Quality Criteria
Water Usage and Classification
Fresh Surface Waters (rivers, lakes, reservoirs, etc.,)
Coastal and Marine Waters
Republic Act 9275:
The Philippine Clean Water Act of 2004
Salient FeaturesSalient FeaturesI. Declaration of Policies
II. Coverage
III. Conceptual Framework
IV. Water quality Management System
V. Prohibited Acts; Penalties
VI. Funding Mechanism
VII. Institutional Linkages
Sustainable Development FrameworkHolistic National Program Integrated WQ Framework thru proper
delegation, effective coordination of functions Self regulation among industries thru
MBIsFocus on pollution prevention System of accountability of adverse
environmental impactsStreamline procedures and processes
DECLARATION OF POLICIES
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81. Depositing material of any kind w/c could cause water pollution
2. Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater
3. Operating facilities that discharge regulated water pollutants without the valid required permits
Prohibited Acts
4. Non-compliance of LGU with the WQM Action Plan
5. Direct use of booster pumps in the distribution system or tampering with the water supply
Prohibited Acts
Republic Act 9003:Republic Act 9003:The Ecological Solid The Ecological Solid Waste Management Act Waste Management Act of 2000of 2000
INDICATORS OF THE SOLID WASTE SITUATION IN THE PHILIPPINES
5
12
1713
2263110
No. of disposal sites: LandfillsClosed landfills
Controlled dumpsIndustrial waste incinerators
Identified open dumpsIdentified composting facilities
Identified recycling facilities
5%Percentage of waste recycled & sold12%Percentage of waste recycled & reused
3,17373%
2.4M tons/yr6,750 tons/yr
70%40%
Toxic & hazardous wastes generated by industrial/commercial sectorHazardous & infectious wastes hospitalsCollection rate: Urban
Rural
2.5 M4.50%
.3-.7 kg/day10M tons/yr
Per capita generationGenerated by householdsAnnual growth rate
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9METRO MLA
NATIONALINDICATOR
50%
2%
10%
5%
1-2%
Percentage of municipal solid waste disposed in landfills & controlled dumpsPercentage of waste compostedPercentage of hospitals w/access to incineratorsPercentage of hazardous waste treated or recycledPercentage of LGU budget allotted to solid waste management
28No. of hazardous waste treatment facilities22
18,50043
No. of hospitalsNo. of hospital waste incinerators
INDICATORS OF THE SOLID WASTE SITUATION IN THE PHILIPPINES
FACTORS THAT CONTRIBUTE TO THE FACTORS THAT CONTRIBUTE TO THE SOLID WASTE PROBLEMSOLID WASTE PROBLEM
MUNICIPAL MUNICIPAL SOLID WASTESOLID WASTE
PUBLIC PUBLIC INDIFFERENCEINDIFFERENCE
SPIRALLING POLUTION SPIRALLING POLUTION GROWTH RATESGROWTH RATES
CONSUMPTION CONSUMPTION PATTENRSPATTENRS
CHANGING CHANGING LIFESTYLELIFESTYLE
RAPID RAPID URBANIZATIONURBANIZATION
PRINCIPLES OF SOLID WASTE MANAGEMENT
1. Waste is a resource. 2.Waste prevention is better than waste
regulation control. 3.An integrated solid waste
management system will best achieve solid waste management goals.
4.All elements of society are fundamentally responsible for solid waste management.
5.Those who generate waste must bear the cost of its management and disposal.
6. Solid waste management should be approached within the context of resource conservation, environmental protection and health, and sustainable development.
7. Solid waste management programs should take into consideration the physical and socio-economic conditions of the concerned communities and be designed according to their specific needs
PRINCIPLES OF SOLID WASTE MANAGEMENT
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ECOLOGICAL SOLID WASTE MANAGEMENT ACT of 2000
Consolidation of House Bill No. 10651 and Senate Bill No. 1595 - Finally approved by the
House of Representatives and the Senate on Dec. 20 2000 and Dec. 12 2000 respectively.
An Act providing for an ecological solid waste management program, creating the necessary
institutional mechanics and incentives, declaring certain acts prohibited and providing penalties, approaching funds therefore, & other purposes.
RA 9003 - Known as the
Republic Act 8749:Republic Act 8749:
The Philippine The Philippine Clean Air Act of 1999Clean Air Act of 1999
A comprehensive air quality management policy and program
which aims to achieve and maintain healthy air for all Filipinos
Introduction
June 23, 1999 CAA was enacted July 02, 1999 publication of CAA July 17, 1999 effectivity of CAA Nov. 07, 2000 IRR signed
(DAO 2000-81) Nov. 10, 2000 publication of IRR Nov. 25, 2000 effectivity of IRR
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Guiding PrinciplesClean Air Act provides that the State shall:z protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;
z promote and protect the global environment while recognizing the primary responsibility of local government units to deal with environmental problems;
Guiding Principles (continued)
Clean Air Act provides that the State shall: recognize that the responsibility of
cleaning the habitat and environment is primarily area-based;
recognized that polluters must pay; recognize that a clean and healthy
environment is for the good of all and should therefore be the concern of all.
Coverage of the Clean Air Act
All potential sources of air pollution (point, mobile and area sources) must comply with the provisions of the law.
All emissions must be within the ambient air quality & emission standards.
Republic Act 6969: Republic Act 6969: Toxic Substances and Toxic Substances and Hazardous and Nuclear Waste Hazardous and Nuclear Waste Control Act Control Act of 1990of 1990
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OBJECTIVES OF RA 6969
To protect the public and the environment from the risk or potential dangers in the use or exposure to chemicals from long term damage brought about by careless handling or disposal of hazardous wastes
To regulate the use, movement and disposal of chemicals, hazardous and nuclear wastes in the Philippines
1992:THE IMPLEMENTING RULES AND REGULATIONS of RA 6969
Title II: Management of Chemicals and Toxic Substances (Sections 14 to 23)
provides for the regulation of all chemical substances that may pose threat to public health and the environment whether through import, manufacture, sale, use, distribution, and disposal
Title II: Management of Chemicals andToxic Substances
Main Features: Philippine Inventory of
Chemicals and Chemical Substances (PICCS)
Pre-Manufacture and Pre-Importation Notification (PMPIN)
Priority Chemical List (PCL)
Chemical Control Order (CCO)
DENR Administrative Order No. 29, Series of 1992:THE IMPLEMENTING RULES AND
REGULATIONS
Title III: Hazardous Waste Management(Sections 24 to 31)
provides for the regulation of all hazardous wastes from generation, transport, storage, re-use/recycling, treatment and disposal
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CHEMICAL CONTROL ORDERS (CCOs)
DA0 97-38: CCO for Mercury and its compoundsban, regulated and/or limited use
DAO 97-39: CCO for Cyanide and its compoundsban, regulated and/or limited use
DAO 2000-02: CCO for Asbestosban, regulated/selected/limited use
DAO 2000-18: CCO for Ozone Depleting Substances (ODSs)ban, and/or phase-out
Presidential Decree Presidential Decree 15861586The Philippine The Philippine Environmental Impact Environmental Impact Statement (EIS) Statement (EIS) SystemSystem
PD 1586 PD 1586 -- The Philippine The Philippine Environmental Impact Environmental Impact
Statement (EIS) SystemStatement (EIS) System
Basic DENR Policy on Philippine EIS System Implementation
to attain and maintain a rational and orderly balance between economic
growth and environmental protection
LEGAL FRAMEWORKLOI 594, s.1977 Established the
Administrative System for the EIAPD 1151, s. 1977 The Philippine
Environmental Policy (declared the urgent need to formulate an intensive, integrated program on environmental protection)
PD 1586, s. 1978 The Philippine Environmental Impact Statement (EIS) System (introduced the concept of Environmentally Critical Project (ECP) and Environmentally Critical Area (ECA)
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LEGAL FRAMEWORK
DAO 21, s.1992 EIA Implementing Rules and Regulation
Provides for the delineation on the review and processing of projects: ECAs EMB Regional Office; ECPs EMB Central Office.
Introduced the concept of Social Acceptability and Public Participation in the EIA process
LEGAL FRAMEWORK
DAO 37, s. 1997 Strengthening and streamlining the EIA process, amending and revising DAO 92-21,
Provides for the establishment of review fund, accreditation of preparers, establishment of the Environmental Guarantee Fund (EGF), Environmental Monitoring Fund (EMF) and creation of Multipartite Monitoring Team (MMT)
11.2411.242,661,9422,661,9422,393,0382,393,038TOTAL9.6326,10023,807CARAGA -0.6728,99729,194C.A.R.9.08852,045781,135NCR6.1478,58874,043XII
13.8094,69583,212XI5.8670,48966,588X
15.6573,03163,149IX16.7956,52348,399VIII28.01266,392208,098VII10.49146,293132,403VI13.8975,84366,592V
9.42340,652311,338IV11.78319,318285,679III10.7393,81984,724II3.33139,157134,677I
% INC. (DEC.)20042003MOTOR VEHICLES REGISTEREDREGION
Date of Preparation: 30 September 2004
NUMBER OF MOTOR VEHICLES REGISTERED COMPARATIVE , Jan.- June, 2003; 2004
1
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45 ThankThankyouyou
www.emb.gov.phwww.emb.gov.ph