1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Constitution c) b)

ARTICLE I GENERAL PROVISIONS Section 1. Short Title. This E-Code shall be known and cited as the Environment Code of the Province of Laguna, and shall be commonly referred to as the E-Code.

Section 2. Purposes. The purposes of the enactment of this E-Code are the following: a) To reflect in this E-Code the shared vision and the path towards the realization of this vision by all of the citizens of the Province of Laguna for its vast natural resources including its mountains, arable lands, lakes and rivers; and its rich cultural heritage; To ensure the sustainability of these environmental resources and cultural heritage and their resilience to socioeconomic, population and climatic pressures, as the basis for the continued growth and development of its people, through an integrated and holistic endeavor of harmonizing the array of environmental laws, consistent with the laws of nature, and To safeguard these natural resources and rich cultural heritage as the present generations responsibility and accountability to the next generations.

Section 3. Governing Laws. This E-Code finds legal bases, but not limited to, the following laws of the land:

a) Article II, Sections 15 and 16, Article XII, Section 2 of the 1987 Philippine Constitution as to the States ownership of the national patrimony, the States mandate to protect and promote the right of people to health; and protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 b) Republic Act 7160, otherwise known as the Local Government Code of 1991, as to the mandate of the Local Governments to share with the national government the responsibility to maintain the ecological balance within their jurisdiction; and vesting the local government authority to adopt adequate measures to safeguard the integrity of their natural resources; c) Republic Act 8749 otherwise known as the Clean Air Act of 1999 which prescribes the management of air quality within the airsheds; d) Republic Act No. 8550, otherwise known as the Fisheries Code of 1998 as to the policies pertaining to fisheries and aquatic resources; e) Republic Act No. 9147, which pertains to Conservation and Protection of Wildlife; f) Republic Act No. 1586 which established the Philippine Environmental Impact Assessment; g) Republic Act No. 7942, otherwise known as the Mining Act of 1995; h) Republic Act 6969, the Toxic Chemicals and Hazardous and Nuclear Waste Control Act of 1990; i) RA 9003 or the Ecological Solid Waste Management Act of 2000; j) Republic Act No. 7076 (Small-Scale Mining Law); k) RA No. 3931- Pollution Control Law, a decree revising PD No. 984, 1976; l) RA 9514 - Fire Code of the Philippines of 2008. m) RA 8558. Fisheries Code of 1998 with its IRR n) Republic Act No. 9275. An Act Providing for a Comprehensive Water Quality Management and for other Purposes of 2004; o) Republic Act No. 4850. An Act Creating the Laguna Lake Development Authority prescribing its powers, functions and duties, providing funds thereof, and for other purposes. p) Republic Act No. 10066- National Cultural Heritage Act of 1999.- It provides the 2 Republic Act

62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90

protection

and conservation of cultural heritage, strengthening National

Commission on Culture and the Arts and its affiliate agencies.

Presidential Decree

q) PD 1152, also known as Philippine Environment Code of 1977; r) PD 984, the 1976 National Pollution Control Decree; s) PD 1586, the Philippine Environmental Impact Statement System t) PD 1899 (Individual Application for small Scale Mining); u) PD 856, otherwise known as the Code of Sanitation of 1975, v) PD 825, otherwise known as Garbage Disposal of 1975 (Presidential Decree No. 1586) w) PD 1096 National Building Code of the Philippines; x) PD 984. The National Pollution Control Decree of 1976. y) PD 705, The Forestry Reform Code of the Philippines z) PD 813. Amending Certain Sections Of Republic Act Numbered Forty Eight Hundred Fifty (R.A. 4850), otherwise known as the Laguna Lake Development Authority Act Of 1966; aa) PD 374 of 1974. Amending Certain Sections of Republic Act No. 4846, Otherwise Known As The "Cultural Properties Preservation and Act". Protection

Department Administrative Order

bb) DENR Administrative Order 2010-08 (Consolidated Department Administrative Order re: Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the Philippine Mining Act of 1995);

91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120

cc) DENR Administrative Order No. 23, series of 1995, as amended by DAO 40, series of 1996 entitled Implementing Rules and Regulations of the Mining Act of 1995; dd) DENR Memorandum Order No. 2010-04 (Reforms in the Department Mining Tenement System); and ee) DENR Memorandum Order No. 2012-02 (Uniform Replacement Ratio for Cut or Relocated Trees)

Executive Order

ff) Executive Order No. 79 (Institutionalizing and implementing reforms in the Philippine Mining Sector, Providing Policies and guidelines to ensure environmental protection and responsible mining in the utilization of mineral resources); gg) Executive Order No. 02 of 1998 prohibits the dumping of any garbage in any

area in the Province of Laguna, which is not in consonance with the ecological waste management system. hh) Executive Order No. 927. Further defining certain functions and powers of the Laguna Lake Development Authority; ii) Executive Order No. 121. Creating The Mt. Makiling Reserve Area and Laguna De Bay Commission; jj) Executive Order No. 349. Adopting The Mt. Makiling Reserve Area and Laguna De Bay Region Master Plan, providing for the implementation thereof and for other purposes;

Provincial Ordinances

kk) Provincial Resolution No. 585 S-1997; ll) Provincial Resolution No. 752.S-1997;

121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151

mm) waste

Provincial Administrative Order No. 11- Adoption of ecological solid management/reuse, reduce, recycle and recovery methods for community-

wide implementation in the Province of Laguna; nn) Provincial Governor Executive Order No. 06 of S-2002- creating the Provincial Solid Waste Management Board; dd) Provincial Ordinance No. 3, S. 1999. Creation of Laguna Waste Management Council ee) Provincial Executive Order No.01, S, 1999- Amending Executive Order No. 02, S, 1998; ff) Provincial Governor Executive Order No. 05, 2005. Implementation of waste segregation reduction, re-use and recycling in all offices under the provincial government of Laguna, national offices and food stall/canteen within the provincial capitol

compound, San Luis RECS Complex, Pedro Guevarra Memorial National High School and Laguna Provincial Hospital; gg) Provincial Board Resolution No.1 S, 2006.-Requesting the DENR-National Solid Waste Management Commission. A one year moratorium for the implementation of sanitary landfill scheme in the Province of Laguna; hh) Provincial Ordinance No. 5, S.1999. Prohibiting garbage dumpsites, providing for its conversion in the interim into controlled dumpsite and directing the adoption of other proper waste disposal system.

Section 4.

Statement of Vision. It is the vision of the Province to rebuild a new

Laguna where productive, educated, healthy and morally upright citizens work and live in a prosperous, ecologically-sound and peaceful environment. It is the vision of the Provincial Government to create and enhance peoples wealth and well-being on the basis of protecting and sound management of the very rich natural resources of the Province of Laguna, being endowed with awe-inspiring landscapes, still-pristine mountains like Mt. 5

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Makiling, the grand Sierra Madre and the twin mountains of Banahaw and San Cristobal; 11 lakes, numerous rivers, hot springs, waterfalls; and productive agricultural lands; and being host to the largest lake in the country and second in Southeast Asia, the Laguna de Bay. Laguna Province is also endowed with historical and cultural heritage that puts premium on tourism, trade and education as centerpiece of development.

Section 5. principles: a)

Operative Principles. This E-Code is based on the following underlying

Inter- and intragenerational Equity. Instill among its citizens the responsibility and accountability for protecting and conserving the vast natural resources and cultural heritage for the benefit, not only of todays generation, but for generations yet unborn;

b)

Public participation shall be encouraged in all aspects of the implementation, review and amendments of this E-Code.

c)

Precautionary principle. Action shall be immediately taken in cases where something can potentially inflict severe or irreparable environmental damage, using the best available knowledge, even in the absence of conclusive scientific evidence.

d)

Interdisciplinary and integrative. Use of

diverse field of knowledge to

augment the traditional knowledge system in understanding and making needed environmental decisions. e) Payment for environmental services. True value of natural resources (e.g. water, watershed, air) shall be the basis for penalty, fines, and incentives. f) Indigenous peoples rights, gender sensitivity, and peoples religiosity shall be respected at all times; g) Transparency and accountability of public funds generated thereof will be ensured; and h) Value formation programs through information, education and communication strategies will be strengthened.

181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197

i)

Biosphere as a unit of jurisdiction and influence such as watersheds, air sheds, hydrology, biogeography of wildlife, and disaster risks transcends political and administrative boundaries of the Province.

Section 6.

Declaration of Policy. It is the policy of the Province of Laguna, in

coordination with city and municipal governments, relevant national and local agencies, non-government organizations, private sector and peoples organizations, to protect and ensure the maintenance of the integrity of the vast natural resources and cultural heritage of the Province of Laguna, because these resources are the bedrock of sustainable development.

Section 7.

Definition of Terms. All the definition of terms is found in Annex A.

198 199 200

ARTICLE II PGENRO

201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 Section 9. Operative Principles Section 8. Purpose of the Article

ARTICLE III FOREST RESOURCES

a) To promote sustainable development, utilization and management of forest resources; b) To conserve wildlife and biodiversity resources; c) To manage and protect the ecological integrity and intergenerational services of the watersheds of the Province; d) To improve existing strategies, approaches and methods that would accelerate reforestation/ rehabilitation and other forest development activities; e) To rehabilitate and protect open lands with 18% in slope or over, especially the lands located in riparian and buffer zones and work for their declaration as part of the riparian forest, subject to the existing private rights; f) To strengthen the capabilities of local agencies, private sector, and the civil society organizations and collaborate with national government agencies in the implementation of plans, programs, projects and activities related to the management of forest resources, watersheds, biodiversity, climate change and other environment-related concerns.

The Province shall adopt good environmental governance in the management of its forest resources using the following operative principles: a) Institutionalize participatory method in the planning and implementation of programs and projects that concerns sustainable forest management by involving affected communities, private sectors, civil society and other stakeholders;

231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 b) a)

b) Ensure that the balance between ecological, economic and cultural services of the forest resources are maintained to the level that could sustain economic growth and development requirement of the Province; c) Protection of natural forests and landscapes for biodiversity maintenance, scientific research and educational purposes; d) Conservation and rehabilitation of watersheds so as to maintain their capacity to sustainably supply the water requirements for domestic, agricultural, fisheries, industrial and recreational needs of the Province; e) Ensure that all developmental activities within the remaining natural forest of the Province of Laguna shall be in accordance with national laws, rules and regulations; f) Ensure that the remaining natural forests are managed for non-destructive purposes such as ecotourism, habitat for wildlife, and preservation of plants for future generations. g) Encourage and support initiatives from the private sector in forest conservation, reforestation, and biodiversity enhancement-related initiatives within public and private lands; h) Coordinate with the academe in establishing the Laguna Biodiversity Center to which biological and environmental resources would be shared and showcased among students and scholars of the Province.

Section 10. Regulatory Provisions

Sustainable Development of Forest Resources

Exploitation, exploration, development and use of the natural resources within the Province of Laguna, shall be regulated in accordance with existing laws, rules and regulations, as well as applicable ordinances; Cutting and extraction of timber and non-timber products within the protected areas in the Province of Laguna are strictly prohibited;

10

261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291

c)

Conversion of forestlands with slope 18% or over to residential, sub-division, recreational, ecotourism and other commercial activities shall not be allowed pursuant to Section15, PD 705;

d)

Indigenous tree species, fruit trees and medicinal trees shall be used primarily in the reforestation of degraded and barren areas of the public domain, areas reverted to forestlands, riparian zones and easement areas;

e)

Destruction/injuring/cutting of centennial trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas, parks, school premises or in any other public ground are strictly prohibited, pursuant to RA 3571;

f)

Planting of invasive and exotic species and unauthorized introduction of untested exotic species in parks, plazas, school premises and any other public grounds shall be prohibited unless a clearance is secured from the Bureau of Plant Industry and Municipal/City ENRO;

g)

All municipalities, cities and barangays are encouraged to establish and manage forest/tree parks, green belts, ecotourism areas, pursuant to DENR Memorandum Order No. 13, Per LOI 1312 and Section 17 (b) (2) (ii) of RA 7160, including the collection of fees for their services and the use of facilities established therein, pursuant to Section 3.2 (a), DAO 30, series of 1992;

h)

Seed banks of indigenous forest tree species and fruit trees shall be established and maintained to supply nurseries in the production of seedlings for tree parks reforestation, greening and urban forestry program of the Province and tree planting activities at the Municipal/City Governments of Laguna through their Municipal/City ENROs (or delegated in barangays), pursuant to AO No. 02, Series 1997;

i)

All municipalities and cities shall designate a coordinator to work with the Provincial Environment and Natural Resource Office (PGENRO) for the establishment of a nursery. The PGENRO shall provide the necessary technical assistance and shall conduct periodic monitoring and evaluation to ensure the success of the project, pursuant to AO No. 02, Series 1997;

j)

All furniture establishments and sash factory owners shall be required to secure certificate of legitimacy of raw material sources from DENR-CENRO; 11

292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321

k)

All elected local government officials shall be required to plant and maintain at least 20 fruit-bearing trees or ornamental plants every year along both sides of the road at an interval of not less than two (2) meters or more than ten (10) meters, within their jurisdiction, provided that such would not obstruct nor prevent access to any public utility services;

l)

Owners of idle private lands shall be encouraged to plant trees or adopt agroforestry inside their private lands to make the land productive within a period of 8 years. Incentives shall be formulated to promote utilization of vacant lots for vegetable gardening.

m)

Cutting, trimming, and lopping of trees, plants and other vegetation both in private and public lands without clearance from the MENRO/City ENRO and the necessary permit from DENR, pursuant to Resolution No. 72, Series of 2005 is prohibited;

n)

Harvesting of both planted and naturally growing forest tress and fruit trees inside privately owned land shall be covered with the necessary clearances from the concerned Municipal/City ENRO and DENR-CENRO. Total harvesting of trees shall be regulated to protect general welfare. The Province shall require selective cutting of trees;

o)

Provisions for the planting of ornamental and/or shade trees or establishment of green belts shall be required before issuance of permit to operate, locational clearance and development permit. The species to be used must be indicated in the plan. These shall apply to the following: 1. 2. Commercial centers, resorts, factories, industrial and business centers Subdivisions, human settlements or housing project developers should be required to plant indigenous ornamental plants on both shoulders of all roads or streets inside the subdivision, at a distance of not less than two (2) meters nor more than ten (10) meters.

p)

Support to the National Greening Program (NGP) by: 1. Provision of quality planting materials comprising of indigenous forest trees and fruit trees.

12

322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 x) w) v) u) t) s) r) q)

2.

Plantation development in the identified NGP sites in the rovince of Laguna particularly CBFM areas, protected area, watershed area and urban areas.

3.

Mobilization of different stakeholders such as community, NonGovernment Organizations, private sectors, students and student organizations, state universities and colleges and other local government units to join and participate in the NGP.

The Province shall prohibit the use, sell and import of chainsaws without the corresponding permit from the DENR pursuant to RA 9175 or Chainsaw Act of 2002; All owners or operators of power saws before the approval of this E-Code are required to register their power saws in their respective municipality/city treasurers pursuant to Resolution No. 444, Series of 1996 (Provincial Ordinance No. 5, Series of 1996) ; The Province shall ensure that the cutting of trees from the natural forest (e.g. secondary or residual forests) under the public domain for charcoal making for domestic or commercial purposes is strictly prohibited; The Province will promote the establishment of tree plantations in A&D lands as source of fuelwood or production of charcoal for domestic and commercial purposes, subject to accreditation by the PGENRO and DENR CENRO; The Province shall request technical staff of DENR to conduct trainings on silvicultural practices and plantation management to ensure sustainability and profitability of the plantation Production as well adoption of green charcoal technology shall likewise be promoted in the Province. The ERDB/ERDS of the DENR shall be requested to provide the necessary training on green charcoal production, fabrication of equipment and marketing; The extraction, removal or cutting of tree(s) within the distance of twenty (20) meters from the riverbanks and creeks is strictly prohibited; All reforestation and urban tree plantation activities within the Province of Laguna should use indigenous species including, but not limited to the following: Apin 13

353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 b) a) aa) z) y)

(Ternstroemia gitingensis Elmer), Apin-bundok (Ternstroemia gymnanthera (W. & A.), Laneteng-gubat (Kibatalia gitingensis (Elmer) Woods, Paguringon

(Cratoxylum sumatranum (Jack) ,Banatong-puti (Mallotus korthalsii (Muell, Arg.), Aniakau (Cryptocarya foxworth), Matang-hipon (Breyniavitis idaea Makaasim (Syzygium nitidum Benth.), Igyo (Dysoxylum

(Burm.f.),

gaudichaudianum (A. Juss), Batino (Alstonia macrophylla), Bungliu (Polyscias florosa Philips., Durogo (Knema stellata var. cryptocaryoides), Bungliu Philips.), Balasbas (Evodia crassifolia Merr.), Dao

(Polyscias florosa (Dracontolemon dao);

The Province shall ensure that occupation of forestlands including critical watersheds, riverbanks shall not be allowed, pursuant to RA 7586, NIPAS Act of 1992; The Province in collaboration with the Department of Education (DepEd) shall promote environmental education through the inclusion in schools curricula topics on the impacts of environmental degradation, climate change, value of conservation and the role of the citizenry in protection and rehabilitation of natural resources and the environment in the context of sustainable development. The Province shall provide/allocate environmental funds for every

municipality/city for the protection, management, rehabilitation and monitoring of forest resources.

Conservation of Wildlife and Biodiversity

Adoption of appropriate Environment and Natural Resources conservation and rehabilitation strategies in the implementation of the Rehabilitation in Conservation Hotspots (RICH) and Conservation of Rare and Endangered Species (CARE) in areas identified and delineated by DENR; The PGENRO shall establish and maintain, in coordination with DENR, an updated data base of wildlife resources to support management and decision making;

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383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412

c)

The PGENRO shall develop and implement localized and site-specific program for the conservation, protection and production of threatened, rare or endangered species of wild flora and fauna in coordination with the DENR;

d)

Protect biodiversity resources particularly those that serve as the main attraction of the ecotourism industry of the Province;

e)

Hunting, capture, extraction and transport of wild flora and fauna is strictly prohibited.

f)

Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the PGENRO and the DENR;

g)

The PGENRO shall support an environmental education campaign that will promote environmental awareness on wildlife and biodiversity conservation in

all private and public schools in the Province.

Integrated Watershed Management Approach

a) b)

The Province shall adopt the Integrated Watershed Management Approach; The Province shall undertake further the profiling of watersheds with particular emphasis on the expansion of the area covered in the vulnerability assessment undertaken by the Ecosystem Research and Development Bureau (ERDB), DENR;

c)

The Province shall develop incentives for the implementation of programs such as adopt-a-watershed program, reforestation and rehabilitation of bare and denuded portions of watersheds.

d)

The Province shall be responsible for the implementation of soil and water conservation programs including the protection and stabilization of hazardous or risk-prone portions of watersheds;

e)

The PGENRO shall pursue the formulation of water resources and land-use management policies that would protect the water quality of watersheds from deleterious effects of deforestation and land use change attributable to both agricultural expansion and urbanization;

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413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443

f)

The PGENRO, in consultation with DENR and LLDA, shall identify and classify the various areas of the watershed into different bio-geographic zones for the purpose of achieving the following: 1. Maintenance of the recreational and aesthetic values of the land. 2. Maintenance of ground water level. 3. Protection of water supply. 4. Preservation of the natural beauty and processes of the watersheds; and 5. Protection of public health and interests or welfare of the community.

g)

The PGENRO, in collaboration with DENR and LLDA, shall immediately implement stream bank stabilization and restoration projects to prevent stream bank erosion blamed for the cause of flooding, re-routing of waterways and deterioration of the water quality;

h)

The PGENRO, in collaboration with DENR and LLDA, shall administer programs and activities that would facilitate and ensure success of reforestation and rehabilitation of bare and denuded sections of the watersheds. The programs shall involve the active participation of the community, local government units, nongovernment organizations, private individuals and sectors and other stakeholders;

i)

The Province shall encourage resort/swimming pool owners/ operators and other commercial establishment like purified water refilling/bottling

stations/establishment to share and participate in the protection and/or rehabilitation of the watersheds in the Province through the implementation of the Payment for Environmental Services (PES).

Section 11. Prohibited and Punishable Acts

a)

Slash and burn farming or kaingin making is strictly prohibited in forest reservations, national parks and those within 20m along riparian zones. .

b)

Cutting of trees from natural forest for charcoal making for domestic and commercial purposes shall not be allowed.

c)

Hunting, capture, extraction and transport of wild flora and fauna is strictly prohibited. 16

444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473

d)

Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the PGENRO and the DENR.

e)

The extraction of resources such as quarrying without the necessary permits from the PMRB, occupation and any act of destruction, inside the forest and watersheds of the Province is hereby strictly prohibited.

f)

Transport of timber, wild terrestrial or aquatic plants and animals from the forest, within the Province of Laguna shall be prohibited, unless a current and valid permit is issued by the Municipal or City ENRO, prior to the clearance by the Municipal or City Mayor.

g)

Any structure or obstruction on a strip of land within twenty (20) meters along creeks, stream banks, river banks, river banks and other waterways shall be cleared, dismantled and/or removed in accordance with law and due process.

h)

Extraction of forest products from the community-based forestry areas, integrated social forestry areas, small watershed areas and communal forests without valid permit from authorities is strictly prohibited.

i)

The unauthorized use of watersheds for residential, commercial, pasture and similar incompatible uses is likewise prohibited. Areas affected by the illegal occupation shall be rehabilitated at the expense of the violator.

j)

The occupation of critical watersheds declared by proper government authority is strictly prohibited.

Section 12. Fines and Penalties

Any person who violates any provision of this article or any regulatory provisions by the governing laws pursuant to this article and found guilty at the discretion of the Court shall be penalized with a fine accordingly:

a)

First offense- fine of not less than Php1,500 or equivalent community environment work;

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474 475 476 477 478 479 480 481 482

b)

Second offense- fine of not less than Php3,000 or equivalent community environmental work;

c)

Third offense- fine of not less than Php5,000 or equivalent community environment work and imprisonment of not more than one (1) year or both for succeeding offense.

If the violator is a firm, corporation or partnership, the manager or person-in charge shall be held liable. It shall also be a ground for termination of business permits.

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483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 Section 14. Operative Principles e) d) c) b) a) Section 13 . Purpose of the Article

ARTICLE IV PROTECTED AREA MANAGEMENT: MT. MAKILING, MTS. BANAHAW AND SAN CRISTOBAL CONSERVATION AND MANAGEMENT

The Mt. Makiling, a 4,224 hectare biodiversity-rich forest reserve is under the jurisdiction of the University of the Philippines Los Baos by virtue of Presidential Proclamation No. 552, later amended by RA 6967 designating Mt. Makiling as a training laboratory for the advancement of scientific and technical knowledge on the preservation, conservation, and development of the forest resources. On the other hand, the Mts. Banahaw and San Cristobal Protected Landscape was declared as protected area by virture of RA 9847 or the NIPAS Act of 2009.

To institute collaborative mechanisms among institutions that will sustain the role of the protected areas as venue for instruction, research and extension; To ensure that watershed areas of the Province are protected and developed for the sustenance of flow of downstream benefits and that their purpose as site of training is not endangered; To conserve genetic resources by providing safeguard that will protect the integrity of biodiversity of protected areas; To mobilize bona fide occupants, peoples organizations and other concerned sectors of the society in the conservation, protection and sustainable management of the protected areas; To intensify public awareness, appreciation, and understanding of the cultural, aesthetic, ecological roles and values of Mt. Makiling Forest Reserve, Mt. Banahaw and San Cristobal Protected Landscape.

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514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 Section 15. Regulatory Provisions g) f) e) d) c) b) a) Establishment of collaborative mechanisms among institutions for effective monitoring, reporting and maintenance of records of environmental quality to ensure compliance with environmental laws, rules and regulations; Promotion of social and ecological awareness among the constituents and industries within the direct influence areas of Mt. Makiling Forest Reserve , Mt. Banahaw and San Cristobal Protected Landscape to ensure their participation in any conservation and protection programs of the Province; Strengthening the partnership among the Acedeme, LGUs and NGAs for the conservation and protection of Mt. Makiling Forest Reserve, Mt Banahaw and San Cristobal Protected landscape; Ensure the regulation and control on the use of natural resources and lands within the bounds of the law and related policies; Establishment of mechanisms for generation and utilization of funds using the Payment for Environmental Services (PES) concept out of the profits of industries and businesses within the direct influence areas of Mt. Makiling Forest Reserve, Mt. Banahaw and San Cristobal Protected Landscape; Adoption of participatory method in the implementation of plans, programs, projects and other forest related activities in involving all communities, private sectors, civil society and other stakeholders for proper management, protection and preservation of forest resources; Encourage better partnership and cooperation among the forest occupants and direct users of the resources, business and recreational establishments, industries concerned Local Government Units and National Agencies within the watersheds areas. The Province shall adopt the following operative principles:

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544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572

a)

The Province in coordination with LGUs, DENR-PAMB, PNP, and relevant stakeholders shall be responsible to police its citizens from encroaching and conducting destructive activities within forest reserves and protected areas.

b)

The Province shall exert efforts on establishing mechanisms to help UPLB in protecting and managing the Mt. Makiling Forest Reserve.

c)

The Province shall exert efforts on establishing mechanisms to help DENRPAMB in protecting and managing the Mts. Banahaw and San Cristobal Protected Landscape.

d)

The Province, in coordination with UPLB, DENR-PAMB, LGUs, and relevant stakeholders shall ensure the protection, conservation, and management of these protected areas.

e)

Buffer Zones in all Protected Areas of the Province shall be clearly delineated and declared as such within twelve (12) months upon enactment of this E-Code. The concerned local government unit shall recommend to DENR issuance of appropriate tenurial instruments, regulate use, type of development and activities within the buffer zones, with due consideration to the rights of the private land owners who had acquired the private properties prior to the designation of the area as buffer zone.

Section 16. Institutional Arrangement a) Management, conservation, protection and monitoring of areas within the buffer zones of MFR shall be the responsibility of DENR, Local Government Units (LGUs) particularly Calamba City, Los Baos, Bay and the Municipality of Santo Tomas, Batangas in consultation with UPLB. d) The right of the present actual occupants shall be recognized. If claimants or actual occupants cannot be granted right over the property for reason of its 21

573 574 575 576 577 578 579 580 581 582 583 584 585 586 f) e)

location such as in danger zone areas, the LGU concerned in coordination with DENR shall identify, designate and develop resettlement areas of affected occupants/families within the same locality. No force evacuation shall be undertaken unless the areas for resettlement shall be ready; The LGUs of Laguna shall initiate rehabilitation and development of buffer zone by involving stakeholders in a participatory manner; In addition to the institutional arrangements established by RA 9847 and RA 6967, the Provincial government shall be informed of any development activities that could potentially impact the buffer zone and the province as a whole.

Section 18 . Prohibited and Punishable Acts This article shall invoke the Prohibited and Punishable Acts stipulated in RA 9847 and RA 6967, RA 7586, and PD 705.

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587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 c) b) a) Section 20. Purpose of the Article

ARTICLE V WATER RESOURCES

Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such. Water Framework Directives

Water is vital in all aspects of our lives. It is a national development resource and it has become increasingly necessary for government to intervene actively in improving the protection, conservation, restoration and management of our water resources. Water, as used in this E-Code will follow the Water Code definition for consistency. Water shall refer to water under the grounds (termed as groundwater), water above the ground (termed as surface water), water in the atmosphere (collective term for both water vapor and rainwater) and the waters of the sea within the territorial jurisdiction of the Philippines.

To develop, utilize and manage water resources in a sustainable manner to achieve water security for the benefit of all; To protect, conserve, restore and rehabilitate surface and groundwater resources to maintain continuity of a balance ecosystem; To use all doable and practical means consistent with other essential consideration of national laws and policies for the strict implementation of adequate adaptation and mitigation measures in curbing the probable effects of Climate Change; (Note: doable and practical means includes water recycling and conservation techniques, rainwater harvesting, CPR of watershed, strict enforcement of solid waste management, use of renewable energy among others, consistent with those already declared in existing laws)

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617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647

d)

To implement the Integrated Water Resources Management (IWRM) approach as a key to unifying the water supply and demand management of competing uses for the benefit of the people and the environment;

e)

To strengthen capabilities of local government authorities in cooperation with concerned private organizations and all stakeholders as trustee and guardian of the water resource to assure the succeeding generations of a safe, decent, healthful, productive and aesthetic environment.

Section 21.

Operative Principles

a)

Water resources in the Province shall be developed, utilized, allocated and controlled by upholding the appropriate provision of the Water Code of the Philippines and the Clean Water Act. In the face of limited supply and growing demand and/or under possible extreme conditions or in the case of changing climate, its utilization, allocation monitoring and management shall follow the Integrated Water Resources Management (IWRM) approach for the primary purpose of: 1. meeting indefinitely the basic requirement for potable and safe water of all residents, and; 2. for sustained agricultural production, industrial needs and environmental flow pursuant to the Water Code. The

premise of IWRM is that the many uses of water are interdependent such that decisions will be made by considering the effect of each use to other uses. b) Water as a key driver of economic and social development while it also serves the basic function of maintaining the integrity of the natural environment shall be developed, utilized and managed not in isolation from other vital resources through water resources pricing, institution of local water pollution control legislation including incentives if deemed appropriate. Further, it is hereby declared the policy of the Provincial Government of Laguna that water resources shall be equitably 24

648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 c) b) a) c)

shared and that no Municipality, down to the barangay shall be deprived of safe and clean water. The Province will support the implementation of water-related programs that include water efficient technologies, water saving initiatives and strategies of reducing by half the proportion of people without sustainable access to safe potable water and basic sanitation to achieve the Millennium Development Goal (MDG)

Section 22. Regulatory Provisions

Development, Exploitation, Utilization and Appropriation of the water resource

The Provincial Government of Laguna shall pursue the following policies and guidelines for proper development, exploitation, utilization and appropriation of water. In addition to the provisions of the Water Code of the Philippines, utilization of the water resources for domestic, agricultural, industrial and the environment shall be allowed PROVIDED it is in consonance with the global and national agenda of fulfilling sustainable development;

In case of water rights for irrigation, domestic water supply, industrial, fisheries, ecological, recreational including eco-tourism and the development of water power, beneficial use shall be the measure and limit of the grant; In the context of self-reliance by the local government units, development and utilization of all water resources is encouraged provided it is necessary and appropriate without jeopardizing the source. Provided further, that it undergoes the EIA process. However, efficiently managing existing ones is a better option rather than developing new sources whereas more development means greater impact on the environment. The Governor in consultation with the Mayors shall declare and allocate water upon the advice of the PGENRO during critical periods, emergency and extreme conditions such as drought, the priority use for water pursuant to the Water Code of the Philippines following the most beneficial use. It shall also identify critical

25

678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 h) g) f) e) d)

activities as priorities and those activities that may be stopped indefinitely until the water supply is sufficient. Water peddlers, water refilling stations and commercial surface and/or groundwater permittees in the Province should maintain the safety and quality of the water according to its specified use, more so when it is passed on to customers. Water quality monitoring report should be submitted by the permittees on a regular basis determined upon the nature of their business to their respective MENRO. Rainwater collection and harvesting system pursuant to EO 774 shall be put in place. In the construction of new buildings, dwellings and/or any facility, provisions for rainwater collection system are required. Subdivision and residences developers especially those focused on upper watersheds shall be required to put up recharging wells on strategic areas to capture surface run-off that would otherwise flow into creeks and rivers, thus reduce flooding in urban centers and improve water tables or acquifers. Waterfalls found within the Province of Laguna shall be developed for eco-tourism as the priority use except during critical periods, emergency and extreme conditions in which the Province in consultation with the Water Council shall declare the priority used following the principle of most beneficial use. Monitor and regulate water use for recreational purposes such as for swimming pools, bath houses, boating, golf courses in resorts and other places of recreation. Such facilities are required to treat and recycle their wastewater to regulate freshwater withdrawal and prevent contamination of the receiving water.

Water Supply Protection Area

Water protection areas shall be established for groundwater sources to ensure the highest quality and highest volume of our groundwater reservoir. The Water Resources Council is hereby designated to create and carry-out a source and recharge area protection plan that uses multi-barrier approach for protection. Broad consultation involving municipalities, conservation authorities, property owners, farmers, industry, businesses, community groups, public health officials shall be undertaken throughout the development of the 26

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source and recharge area protection plan. The source protection plan shall identify risks to local drinking water sources and development strategies to reduce and eliminate the risks. It shall also contain definition, assessment and/or inventory of groundwater protection areas.

Protection zones are particularly effective to control pollution from diffuse sources ( e.g. agriculture or traffic), while the prevention or control of point sources of pollution may be achieved through rather straightforward approaches such as permit systems or other legal controls on the quantity, types of substances and places where discharges may take place. Zone I the land area required within a minimum radius of 10-15 m around a public water supply well or well-field to protect individual wells and their immediate environment against any contamination and interference. This is a no activity zone. Zone II the land area within a minimum radius of 250 meters around the source depending on the size of abstraction or may also be defined by 50 days travel time, to provide protection against bacteriological contamination. In order to determine the

boundaries, a hydro-geological survey is conducted for spring and well. All possible activities causing bacteriological contamination are prohibited. Zone III includes the land area covering the whole catchment areas based on topographic boundaries where the application of water hazardous pesticides, the infiltration of liquid waste, human settlements with unorganized discharges of the waste water within the catchment area and waste disposal are restricted. It is defined as the area around a source within all groundwater recharge is presumed to be discharged at the source.

Protection of Public Water Infrastructures and Watersheds

The Provincial Government of Laguna shall identify the component watersheds of the Water Quality Management Area (WQMA) of Laguna which are presently supporting 27

740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770

inter-municipality waterworks and irrigation system as well as those which are potential sites of similar projects. These watersheds shall be forested to ensure continuous water supply and monitored such that no human activity will create disturbances. Likewise, the Provincial Engineering Office, in coordination with the concerned Municipality shall ensure that engineering works and infrastructure projects within the Province do not adversely impact on water quality.

Other Protective Measures of the Resource

The Provincial Governor shall invoke the provisions of the Local Government Code in sharing with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction to ensure protection and preservation for the future constituents of the Province of Laguna. Under the consideration of the foregoing premises, the E-Code hereby;

a)

Reiterates the ordinance enacted by the Sangguniang Panlalawigan prohibiting the disposal , discharge or dump garbage and any waste material into any river, riverbanks and tributaries thereto and the lakes within the Province of Laguna.

b)

Consult, participate, cooperate and enter into agreement ( specifically MOA) with other agencies of the government particularly NWRB, Water Districts, DPWH and with affected political groups, political subdivisions, and enterprises such that the Province could prevent and limit exploitation of both groundwater and surface water. It is recommended that metering of withdrawal from private and industrial pumps for the purpose of monitoring the volume of water used and possible changes in yields shall be done.

Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense, IN case of failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and /or entities responsible for such pollution.

28

771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801

IWRM approach to climate variability and climate change Concerns about climate variability and climate change shall be given utmost importance by improving water resources management to cope with more intense floods and drought. For the purpose of this E-Code, the framework of IWRM, defined as a process which promotes the coordinated development and management of water, land and related resources, in order to maximize the resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems shall be adopted.

The following overriding criteria in implementing IWRM shall be pursued:

a)

Economic efficiency in water use: Water must be used with maximum possible efficiency;

b)

Equity. The basic right for all people to have access to water of adequate quantity and quality for the sustenance of human well-being must be universally recognized;

c)

Environmental and ecological sustainability: The present use ff the resource should be managed in a way that does not undermine the life-support system thereby not compromising the use by future generations of the same resource.

Moreover, in the context of IWRM the management of land use is as important as managing the water resources itself since it will affect flows, patterns of demand and pollution loads. Moreover, effective landuse planning and implementation can also help promote water recycling and planned reuse.

Designation of Water Quality Management Area. Pursuant to the provision of the Clean Water Act of 2004, the Water Quality Management Area of Laguna shall be identified, defined and designated for the purpose of maintaining water production, conservation and protection. Strict protection of the WQMA shall be implemented such that no activity whatsoever shall be observed within no less than 100 meter radius zone from WQMA of Laguna. The WQMA designated by the Province of Laguna in consultation with the Mayors of the WQMA shall be delineated together with DENR and 29

802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831

NWRB. The designation and delineation of the WQMA within Laguna shall be undertaken following the Guidelines set by the DENR.

In support, a Water Quality Management Area Monitoring Plan shall be formulated by the Province of Laguna together with the concerned national government agencies, local water districts, Mayors and private sector groups. It shall contain but not limited to the following:

a)

Inventory and classification of water resources in accordance with Presidential Decree 1067 and DENR Administrative Order No. 34, Series of 1990 for the purpose of determining appropriate uses, protection measures needed and water quality standard to be applied;

b)

Characterization of the status of priority watersheds in terms of water producing capacity, water quantity, water quality and use;

c)

The measures to be implemented to improve and restore water quality of water resources such as rivers/ streams and falls to a state for which they can serve their most beneficial use other than as sink for all types of pollutants;

d) e) f) g)

Assessment of the production capacity of the watershed ; The appropriate institutional arrangements; The investment requirement, and duration; Appropriate policy incentives and regulations to ensure that the watershed is managed in a sustainable manner.

Drainage and Sewerage Systems. The Provincial Government of Laguna shall adopt necessary measures to ensure that adequate Municipal and barangay drainage and sewerage systems are established and maintained to prevent the negative effects of all types of effluents on both surface and ground water quality. The Provincial Government through its units (Provincial Engineering, MPDO) shall establish proper sewerage system pursuant to the provisions of the Clean Water Act (RA 9275). Direct investments in public health education and strict enforcement of the Building Code, provision of sanitary

30

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toilets following the most water efficient technology especially in areas with problems on water and sewerage system services should be done.

Section 23. Prohibited and Punishable Acts

a)

No industrial, agricultural or domestic sewage shall be discharged into Class AA and Class SA waters, including all Rivers with lower classification as defined under DENR Administrative Order No. 34, Series of 1990 and the Clean Water Act.

b)

In order to avoid deterioration of the quality of a receiving water body (RWB), no industrial plant or project with high waste load potential and/or hazardous substances shall discharge into a body of water.

c)

No industrial or manufacturing plant shall be operated without wastewater treatment system in good order or in proper operation.

d)

No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or as stipulated in the permit to operate.

e)

It shall be unlawful for any person natural or juridical to dispose , discharge or dump garbage and any waste material into any river, riverbanks and tributaries thereto and the lakes within the Province of Laguna.

f)

No person shall build, erect, install or use any equipment, contrivance or any means the use of which will conceal and/or dilute effluent discharger and which otherwise constitute a violation of the provisions of this E-Code.

g)

The construction of houses, resorts and other physical structures within the seashore or banks of rivers shall be prohibited and governed by existing laws.

h)

No person shall develop a stream, lake, marshland or pond for recreational or commercial purposes without first securing a permit from the National Water Resources Board and the appropriate LGU, in addition to an Environmental Compliance Certificate issued by the DENR or the Mayor in accordance with existing laws.

31

862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892

i)

No person shall raise or lower or cause the raising or lowering of the water level of a stream, river, lake, marsh or pond, nor drain the same without the necessary government clearances and/or permits.

j)

No person shall impound water in large amounts such as to prejudice downstream or upstream users.

k)

No person shall drill a well without a permit from the National Water Resources Board or from its duly deputized agency and to the concerned LGU in the case of subterranean waters. No groundwater shall be extracted if this will result to the deterioration of critically important source including surface waters. The permitting agency with the recommendation from Province shall reserve the right to revoke or cancel any permit for the extraction of groundwater if this is found to be detrimental to its sustainability or inimical to other higher priority water uses.

l)

Dumping of wastes and sediments from construction sites and quarrying operations, as well as farm water, hydropower plants or any facility carrying pesticide residues and/or pollutants such as swine or livestock effluents directly to water body, is hereby prohibited.

m)

The construction or setting up of any structure, temporary or otherwise, that would destroy the scenic value of natural waterways or result to the disruption of water flows shall be prohibited.

n)

No person shall operate and maintain any collection system, sewage disposal system, treatment facility or wastewater treatment facility unless the same is provided with adequate and effective treatment and covered by a current and valid permit or certificate of compliance issued by the concerned agency or LGU, as the case may be.

Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding or violates any provision of this Article shall be penalized and be fined an amount not less than P 10,000 nor more than P 200,000. The penalty provided in this E-Code shall be in addition to the penalty that may be provided by any other law or ordinances. Provided however, that the prosecution or law enforcer shall charge the offender or violator with the law providing a heavier penalty in case it 32

893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923

appears that a single act is punishable by two or more laws, ordinance and provisions thereof with different penalties or in case filing more than one charges may amount to double jeopardy.

Section 24. Creation of Water Resources Council. Within 3 months upon effectivity of this E-Code, the Governor shall organize and maintain the continuous and effective operation of a 12-member multi-sectoral Water Resources Council (WRC) to be composed of the Governor as Chairman and Sangguniang Panlalawigan Committee Chairman on Environment, DENR, NIA, LWUA Head in Laguna, Provincial Engineers Office, River Council/non-government organization, DOH, LLDA, and BFAR as members, including one representative each from the Industry and Agriculture sector. The PGENRO shall serve as the permanent Secretariat of the said council. The Council shall be vested with the following duties and responsibilities:

a)

Coordinate a regular forum/assembly in which water users and government officials gather to discuss and seek solutions to problems and make decisions on water related issues and concerns;

b)

Coordinate with the mayors the number and location of provincial-wide water sampling stations based on proximity to human settlements and possible sources of pollution. The sampling stations shall include lakeshore areas, estuaries, rivers, community deep wells, artesian wells, aquifers, and similar bodies of water as determined by the Council.

c)

Coordinate with PGENRO the conduct of regular monitoring, sampling and analysis of using the parameters, standards, and procedures established by national laws. The priority parameters to be measured shall include biological oxygen demand (BOD), total suspended solids (TSS) and total coliform.

d)

Inform regularly the public particularly the Municipality and Barangays concerned on the water quality and quantity monitoring results.

e)

Assist national government agencies in the strict enforcement of anti-pollution and water supply laws including Presidential Decree No. 984, DENR Administrative Order 34 (Revised Water Usage and Classification Water Quality Criteria), DENR 33

924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 h) g) f)

Administrative Order No. 35 (Revised Effluent Regulations of 1990), Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990) and the Clean Water Act. Organize small and medium enterprises (SMEs) and tourism establishments in the Province according to their geographical location and type of wastewater so that they can share water pollution control and reduction techniques, work as a group with the government and non-governmental organizations on pollution control and reduction. Recommend to the Governor the allocation of the Water Resources Trust Fund as provided under Section 25 of this E-Code. Prepare, review and recommend to the Governor annual work and financial programs and plans for the operation of the Council.

Section 25. Water Resources Trust Fund. The PG-Laguna shall allocate funds which shall comprise all amounts from the operation of water utilities by national government agencies and instrumentalities also known as share of national wealth.

Section 26.

All acts not directly specified shall be guided and referred to related

governing National Laws.

34

945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 c) b) a) b) a) Section 28. Operative Principles c) b) a) Section 27. Purpose of this Article

ARTICLE VI BIODIVERSITY CONSERVATION

To conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; To ensure that the National Biosafety Guidelines are implemented in the Province; and To regulate the collection and trade of wildlife in the Province of Laguna.

It is important to protect and maintain the natural biological and physical diversities of the environment to sustain human life and development. It is the policy of the provincial government to secure for its constituents of present and future generations the perpetual existence of all native plants and animals.

Section 29. Conservation of Biodiversity

The extent, condition, status, and over-all situation of biodiversity and wildlife resources in the Province shall be determined and updated annually by the PGENRO upon consultation with the various municipalities and barangays and in coordination with the DENR. The introduction, re-introduction or restocking of endemic and indigenous species of wildlife may be allowed only for population enhancement or recovery purposes. The PGENRO shall develop and establish a program for the conservation of endangered, threatened, extinct, or rare species of wildlife flora and fauna in the Province. 35

976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 d) c) b) a) The Provincial Government Environment and Natural Resources Officer (PGENRO) shall be responsible in the conservation of biodiversity, protection of wildlife and their habitats, and the regulation of collection and trade of wildlife. The PGENRO shall coordinate with concerned local or national government agencies, private sector, and the civil society organizations, in the implementation of plans, programs, projects and activities related to biodiversity conservation, wildlife collection and trade, and bio-prospecting activities within the Province. The PGENRO shall propose necessary ordinances not herein included as result of the necessity to address issues concerning the conservation of biodiversity, protection of wildlife and their habitats, the regulation of collection and trade of wildlife, and bio-prospecting activities within the Province that may arise All concerned offices of the provincial government, including the Philippine National Police and other law enforcement agencies based in the Province, shall 36 Section 31. Institutional Set-Up d) c) b) a) The collection, possession, transport, exportation or importation, and trade of wildlife flora and fauna shall be prohibited, except when duly authorized by the Provincial Governor and appropriate DENR Office. No exotic wildlife flora and fauna shall be introduced in the Province unless a clearance had been issued by the Provincial Governor and appropriate DENR Office. Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the Provincial Governor and appropriate DENR Office. Bio-prospecting may be allowed only if accompanied by the necessary permit/clearance from the Provincial Governor and appropriate DENR Office. Section 30. Regulatory Provisions

1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036
c) b) a)

provide the necessary assistance to the PGENRO in the enforcement of laws, rules and regulations affecting wildlife resources inside the Province.

Section 32. Bio-safety

a)

The importation and/or introduction of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops is strictly prohibited.

b)

The importation and/or introduction into the Province of plants, plant products, soil, packing materials of plant origin capable of harboring and are a source or medium of infection/infestation of plant pests, is strictly prohibited.

c)

In order to prevent and arrest the spread of injurious plants and animals, these shall be inspected, treated if necessary, and certified as safe in case of their movement within the Province.

d)

All activities dealing on genetic engineering and pathogenic organisms in the Province, including the importation, introduction, field release and breeding of organisms that are potentially harmful to human and the environment, shall be regulated based on National Biosafety Guidelines (EO 247).

Section 33. Prohibited Acts

Any form of bio-prospecting activity undertaken within the Province without permit from competent authorities. The importation and/or introduction of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops. The importation and/or introduction into the Province of plants, plant products, soil, packing materials of plant origin capable of harboring and are a source or medium of infection/infestation of plant pests.

37

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d)

The collection, possession, transport, exportation and trade of endangered, threatened, extinct, or rare species of wildlife flora and fauna are prohibited except when duly authorized by competent authorities.

e)

The dumping of waste products detrimental to wildlife, squatting or otherwise occupying any portion of a critical habitat of wildlife, mineral exploration and/or extraction inside critical habitats of wildlife.

Section 34. Fines and Penalties

Any person who violates any provision of this article shall be penalized with a fine of Php 1,500.00 or equivalent community environmental work for the first offense; Php 3,000.00 or equivalent community environmental work for the second offense; and for the third and each succeeding offense, Php 5,000.00 or imprisonment of not less than 30 days nor more than one (1) year or both, at the discretion of the Court

If the offense is committed by a firm, corporation, partnership or other juridical entity the chief executive officer, president, general manager or person-in-charge shall be held liable.

These penalties are without prejudice to those imposed by applicable national laws, rules and regulations.

38

1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 d) c) b) Section 35. Purpose of the Article

ARTICLE VII ECOTOURISM DEVELOPMENT AND MANAGEMENT

In addition to the authority of the local governments as embodied in Republic Act 7160, otherwise known as the Local Government Code of 1991, the Provincial Government of Laguna, through its provincial, municipal and barangay offices, a) will perform tasks related to ecotourism development and management that will ensure the integrity of existing and potential ecotourism areas, including both the natural and cultural heritage of the Province; promote ecotourism as a vibrant socioeconomic enterprise that can generate sustainable livelihoods of the local residents of the Province; promote ecotourism potentials within the bounds of their respective carrying capacity for sustainable growth; and protect these areas as a national heritage to the future generation of citizens of Laguna Province. The Province through this E-Code shall put premium on ecotourism as a primary centerpiece in the development of the Province of Laguna, being internationally known as home to a number of unique natural attractions such as a) b) Laguna Lake, the largest lake in the Philippines; Crocodile Lake of Los Baos, Pagsanjan Falls, the hot spring resorts of Los Baos and Calamba on the slopes of Mount Makiling, cold springs in the slopes of Mt. Banahaw, the Mt. Makiling as a biodiversity-rich mountain ecosystem nearest to the National Capital Region, the Sierra Made Mountain Range and the mystical twin mountains, Mts. Banahaw-San Cristobal, Taytay Falls in Majayjay, and the Hidden Valley Springs of Calauan, to name a few. Ecotourism is further enhanced by: (a) the vast cultural heritage that can be found in the Province such as the University of the Philippines Los Baos, considered to be a premier university in the country, (b) Pilas historic town plaza, the wood carvings and papier39

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mch created by the people of Paet, (c) the fine embroidery of local fibers such as pia and jusi products, the bougainvillas of Bay, (d) the annual Sampaguita Festival in San Pedro, (e) the turumba of Pakil, (f) the tsinelas footwears from Liliw, (g) the Pandan Festival of Luisiana, (h) the Seven Lakes of San Pablo (the first city in the Province), (i) and the Hidden Valley Springs in Calauan. Laguna is also the birthplace of Jose Rizal, the countrys national hero and pride.

Section 36. Operative Principles

a)

The Provincial Government shall put premium on ecotourism as a primary strategy to accelerate the development of the Province and at the same time protect the quality of the environment. In coordination with concerned Mayors, or

appropriate national and local agency, the Provincial Government shall adopt measures to protect and enhance the services and facilities such as roads, water system, communication, police and emergency health service providers, to accommodate domestic and international visitors to natural as well as cultural sites. b) The Provincial Government shall adopt and support the community based ecotourism, or co-management approach that commits to establish and maintain the ecotourism sites with the participation of the local residents and other relevant stakeholders, marketing these appropriately, enforcing regulations and using the proceeds of the enterprise to fund the ecotourism areas management, as well as community development. c) The Provincial Government shall, in coordination with Mayors and national and local agencies, ensure that negative impacts attributed to ecotourism will be avoided; and that other developmental activities will not damage the sustainability of these resources. d) The Provincial Government, in coordination with Mayors, and relevant national and local agencies, shall ensure that management personnel of the area shall be equipped with the appropriate technical capabilities for, and attitude towards the operations of an ecotourism destination site.The Provincial Government shall 40

1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 d) c) b) a)

invest in human resource capability building, marketing, linkaging and development of ecotourism products prior to promoting an area or activity.

Section 37. Regulatory Provisions

The Province, through PGENRO, Laguna Tourism, Culture, Arts, and Trade Office (LTCATO) and respective municipal local tourism offices, shall monitor the frequency of visitors to ecotourism sites, ensure operation of on-site pollution control measures of ecotourism facilities, and provide proper visitor services and amenities. Establishment and development of ecotourism enterprises shall be in areas designated as ecotourism zone by the Comprehensive Land Use Plans of each of the municipalities of the Province. Municipalities who have not yet identified their ecotourism areas, within 6 months from the enactment of this E-Code, must delineate areas for ecotourism purposes and update its CLUP for its inclusion, in order that these resources are protected, developed, and packaged by the Laguna Tourism Council, to be renamed Laguna Ecotourism Council (LEC); Development of ecotourism-related infrastructures shall respect the limitations imposed by other laws governing natural resources and biodiversity, and reiterates regulatory provisions which prohibits any construction along the riparian zone of lakes and rivers. Each municipality in the Province shall develop its own eco-parks or tree parks in urban centers to provide a quality recreation to the citizens, especially for children and the elderly.

Section 38. Laguna Ecotourism Council, Ecotourism Program Review and Formulation

41

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Within the first 90 days of the effectivity of this E-Code, the Governor shall call on the Laguna Tourism Council, created by AO No. 01, S. 2011 with the Governor as the Chair, to be renamed as Laguna Ecotourism Council upon enactment of this E-Code, and would include representatives from concerned municipalities, Provincial Government ENRO, DENR-PENRO/CENRO, PPDCO and Sangguniang Panlalawigan representative, nongovernment organizations and private sector representatives. The renaming is made to emphasize the focus on natural resource-based tourism, enhanced with cultural tourism and whose major component includes environmental/cultural and education of visitors to the ecotourism areas and among the citizens of the Province. The LEC, in coordination with Municipal Tourism Councils, PGENRO and LTCATO, will perform the following:

a)

Inventory of the existing and potential ecotourism sites and its status; and update baseline information of other biophysical resources, to include both unique biodiversity resources and geological and archeological sites, in the Province and its municipalities;

b) c)

Determine the carrying capacity of each ecotourism site; Prioritize the identified ecotourism sites based on market potential, infrastructure investment requirements, economic viability, community participation and environmental protection;

d)

Establish mechanisms for on-site pollution regulation, number of visitors/hr/day; adequate setbacks to allow for natural regeneration, e.g. regulating trails inside natural areas; Establish mechanics for peoples initiatives and participation in community-based ecotourism initiatives;

e)

f)

Establish mechanisms for monitoring and information management of the status of ecotourism sites; and

g)

Recommend to the Provincial Government for approval the appropriate types of development and management for each prioritized area.

The LEC, together with the Laguna Tourism, Culture, Arts and Trade Office (LTCATO) and PGENRO, shall conduct consultations in order to formulate an ecotourism 42

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development framework for the Province of Laguna; which shall be submitted to the Office of the Governor for inclusion to the Legislative Agenda of the Provincial Government. a) The LEC, in coordination with PGENRO and LTCATO shall conduct periodic review and update of the ecotourism development framework and plans. b) The LEC shall work in close coordination with the PGENRO and the LTCATO. c) Within 6 months of the enactment of the Code, the Governor, will convene the LEC, PGENRO and the LTCATO, with PGENRO as convenor, to determine the appropriate sharing of benefits from resources generated from ecotourism activities. d) The LTCATO, in coordination with PGENRO and respective Municipal Tourism Councils (MTCs), shall ensure that there is a plan for human resource capacity building for ecotourism, including conduct of training programs for environmental guides and accreditation programs for them. e) The LTCATO shall lead, in coordination with PGENRO, in the education and information communication program for ecotourism.

Section 39. Environment Fund

A separate Environment Fund (EF) will be created by the Provincial Government, to be jointly administered by the PGENRO and LTCATO. The provincial share of benefits from ecotourism activities will be placed in the EF, which will be used only for environmental protection and enhancement purposes of the natural resources.

Section 40. The Laguna Tourism, Culture, Arts and Trade Office This office, in coordination with PGENRO and Laguna Ecotourism Council, shall lead in the promotion of the Province-wide Ecotourism Development Framework Plan. Other functions of the unit include: a) To provide assistance to local and foreign investments in ecotourism through provision of information about the Provincial Ecotourism Development Framework Plan which includes the priority ecotourism thrusts; and relevant laws and procedures related to investments in ecotourism activities; 43

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b) c)

To receive complaints and address conflicts related to ecotourism; To lead in the review of ecotourism plans, programs and policies; and amendments, through a consultative process;

d)

To study new markets for ecotourism; and design appropriate marketing strategies; and

e)

To ensure that the quality of the ecotourism services is sustained, in coordination with PGENRO and other relevant units, as designated by the governor.

Section 41. Maintenance of Envrionmental Standards of Ecotourism Sites

The PGENRO shall ensure that the environmental standards on water and air quality, noise, operation quality and efficiency and sanitation, set by law are met by the ecotourism enterprise/industry. The PGENRO shall monitor compliance to other

environmental standards of practice such as proper waste management as stipulated in RA 9003, energy and water conservation as cited in Executive Order 774, and maintenance of air quality and noise minimization. The PGENRO shall also conduct information and education dissemination on strategies that minimize the use of energy, alternative energy sources, water conservation technologies and efficient use of other natural resources.

Section 42. Prohibited and Punishable Acts

In addition to acts punishable by other articles of this E-Code and by other relevant national laws, acts prohibited and penalized under this Article as applicable to ecotourism shall include, but not be limited to the following: a) Construction or expansion of facilities and infrastructures and holding of activities in non-designated or preserved areas that will destroy, alter or expose fragile habitats to human encroachment. b) Entering and/or visiting preserved areas or those to which access is prohibited, except for access/activities which are conducted in pursuance of scientific or legal 44

1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 j) i) h) g) f) e) d) c)

study or researches, which shall likewise seek permit to conduct study. Collecting, transporting and exporting of endangered and threatened flora and fauna from its natural habitat within the Province whether public or private domain, including introduction of species harmful to the area, except those which are transported or introduced for scientific purposes or legal causes. Developing streams, marshland, lake, pond and river for tourism and recreational purposes without prior permit from the National Water Resource Board (NWRB) or its deputized agency and the municipality/ies concerned, in addition to an Environmental Compliance Certificate (ECC) issued by the DENR, and endorsement from the barangay/s where the project is to be implemented;

Establishments of livestock farms, heavy industries, mineral extractions and major commercial establishments within ecotourism delineated areas. Residential areas within the ecotourism areas shall be controlled.

Construction within natural and protected areas/sanctuaries in the Province;

Selling, distribution, transfer, buying and picking of natural items such as rocks, minerals, wild animals and endemic plants from ecotourism sites;

Vandalism, use of illegal drugs, squatting, prostitution, and littering in ecotourism sites;

Dumping or disposing of any waste or garbage within tourist zones except in designated place/ areas; and

Mutilating, defacing or destroying objects of natural beauty, or burial grounds, objects belonging to religious and cultural groups, as well as monuments, landmarks and other objects or artifacts of archaeological importance.

45

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Section 43. Fines and Penalties

Violation of provisions of this Article in this E-Code shall be penalized and fined an amount of not less than Php 1,000.00 but not more than Php 5,000.00, community service or thirty (30) days to 1 year imprisonment, or a combination thereof, at the discretion of the Court. If the violator is a business firm, corporation, partnership or other juridical entity, the permit to operate will be revoked. This penalty is without prejudice to payment of civil damages. Fines from violations will be deposited in the Environment Fund.

46

1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 Section 45. Operative Principles i) h) f) g) e) d) c) b) a)

ARTICLE VIII NATURAL AND CULTURAL HERITAGE CONSERVATION

Section 44: Purposes of this Article

Encourage and facilitate the conservation of the values of our natural and cultural heritage for the present and future generation. Retain and care for the posterity of the values of our traditional arts, culture and history. Reinforce community identity and relationship of our ancestors to the environmental resources. Develop an integrated planning system for conservation, protection and development that will ensure the sustainability of our heritage. Natural heritage places should be developed for sustainable eco-tourism managed by the community and some cultural heritage office, for sustainable tourism. Strengthen private-public partnerships in the identification, characterization, classification, conservation, rehabilitation and sustainable development of our natural and cultural heritage. Establish Laguna Registry of Natural and Cultural Heritage. Increase public awareness on heritage significance, the issues as well as the benefits of sustainable heritage conservation practices. Promote knowledge and understanding of our natural and cultural heritages through scientific research and education. Enhance technology and human resource capability in managing, storing and utilizing information and heritage resources in a sustainable manner to promote and encourage fair and safe public access to these resources

47

1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 Section 46 Regulatory Provisions 48 k) j) i) h) g) f) e) d) All conservation decisions should be based on a scientific evaluation of significance. Conservation should take into consideration all aspects of significance, both tangible and intangible. Conservation processes and activity should be transparent and adequately documented, monitored and evaluated. Conservation processes should seek to resolve conflicts, but where irreconcilable differences between conservation aims and other aims arise, conservation will prevail. Conservation of a place should take into consideration all aspects of its natural significance, and similarly, aspects of cultural significance in a place must be respected. Any action should have as minimal adverse impact on significant features as possible. Where there is a serious threat of damage to the significance of the place or object, lack of full information should not be used as a reason to delay preventive action. Information and education campaign is needed to inform the community on the significance and values of sustainable conservation of our heritage resources. c) It is a must to conservation the natural and cultural heritages for trans-generational benefits. b) Cultural and natural diversity and local distinctiveness is a treasure to protect as it is of national and provincial significance. a) Natural and cultural heritages are irreplaceable sources of our life and inspiration.

1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 d) The city/municipality through the Laguna Tourism, Culture, Art and Trade should request funding support from the National Commission on Culture and Arts for the conservation of the national cultural treasures in their locality. c) The city/municipality recommends to the Laguna Tourism, Culture, Arts and Trade for endorsement to the National Commission on Culture and Arts for the inclusion of city/municipal/ cultural heritage into the national cultural treasures or important cultural property. b) The Laguna Tourism, Culture, Arts and Trade together with the cities and municipalities, academe, research institutions, non-government, scientific and civic organizations, and the constituents should identify, characterize and classify natural and cultural heritages in the Province and establish Laguna Registry of Natural and Cultural Heritages. Philippine criteria for cultural heritage (RA 10066) and the criteria for natural heritage of the 2004 Convention of World Heritage shall be used. Heritage trees and geological monuments like Pagsanjan Falls and Seven Lakes of San Pablo City shall be conserved and protected from the threats of land and infrastructure development, quarrying, mining and a) The city/municipality should comply with RA 10099 (National Cultural Heritage Conservation Act) and institute ordinance or resolution to protect and conserve natural and cultural heritages in their locality in cooperation with private sectors, non- government organizations, academe and the concerned constituents.

hydropower development to ensure equitable access to resources particularly for the poor sector in the rural areas..

49

1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399

e)

The city/municipality shall encourage public private partnership on the planning for preservation, protection and conservation of the natural and cultural heritages in their locality.

f)

Natural and cultural heritage places located in public land of a city/municipality in cooperation with the constituents shall be recommended by Laguna Tourism, Culture, Art and Trade to the DENR-Provincial Environment and Natural Resource Office as sustainable ecotourism/tourism site. The carrying capacity of the ecotourism sites must be determined to ensure their assimilative capacity is not exceeded.

g)

The Laguna Tourism, Culture, Arts and Trade shall recognize city, municipality and/or individual or group initiatives for their outstanding planning and implementation of the restoration, protection and conservation, monitoring and evaluation of the provincial natural and cultural heritages.

h)

The Laguna Tourism Culture, Arts and Trade shall encourages the city/municipality identify and characterize the potential natural and cultural heritages like heritage trees and geological monuments like Pagsanjan Falls and Seven Lakes of San Pablo City for conservation and protection from the threat of land and infrastructure and hydropower development, quarrying and mining.

Section 47: Punishable and Prohibited Acts:

a)

Section 48 of Article XIII on Penal Provision of Republic Act 10066 on National Cultural Heritage Act of 2009 provides offenses against the conservation of cultural heritage.

50

1400 1401 1402 1403 1404

b)

Person is not allowed to desecrate, damage or alter the natural and cultural heritage.

51

1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 c) a) b) Section 49. Operative Principles f) e) d) c) b) a) Section 48. Purpose of the Article

ARTICLE IX SUSTAINABLE AGRICULTURE AND AGRICULTURAL WASTE MANAGEMENT

To attain economic growth in the agricultural sector without causing the deterioration of the natural resource base as croplands and freshwater ecosystems; To ensure that agricultural activities will not ruin the integrity of essential ecological processes and life support system; To regulate the use of pesticides and the management of agricultural wastes to attain and maintain acceptable quality of common resources such as air and water, and protect the health of the people; To conserve soil and water through the promotion of soil and water conservation technologies and appropriate agro-forestry systems in the sloping agricultural lands of the Province; To contribute to the mitigation of global warming by reducing greenhouse gas emission from agricultural activities. To promote organic agriculture through information and communication materials, policy, and technology support

Compliance with existing environmental regulations; A concern for meeting the needs of the present generation without compromising the ability of future generation to meet their own needs; A concern for the efficiency of the agricultural resources;

52

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d)

Recognition of the fragility of critical areas such as sloping lands, critical watersheds and water bodies and the need for extra care in the utilization of these areas;

e)

Creating awareness of the limits of the carrying capacity of the agro-ecosystems and assimilative capacity of the waste sinks;

f)

Raising awareness on the possible environmental effects of the agricultural operations and wastes disposal practices;

g)

Reduction in the use of raw materials, energy, and supplies, and maximizing recycling of agricultural wastes;

h)

Regulation on conduct of experiments that would pose high risk and hazard to agricultural communities; Promotion of peoples participation in the planning and implementation of agricultural development programs;

i)

j)

Monitoring of the progress and review of environmental performance of the agricultural sector and continuously seeking for its improvement;

k)

Utilization of idle lands for agricultural use, which shall include improvement of degraded marginal lands through innovative mechanisms;

l)

Promotion and implementation of organic agriculture, and provision of support system such as seeds, irrigation, training, fertilizer, green pesticides, stocks and feeds including marketing and value-adding.

m)

Assistance to farmers in marketing farm produce by establishment, maintenance, and operation of organic products trading posts.

Section 50. Regulatory Provisions

a)

Agriculture related enterprises, structures, and establishments must follow the regulations and requirements stipulated in the Comprehensive Land Use Plan of their respective City or Municipality;

b)

The PGENRO in coordination with the City/Municipal ENRO shall closely monitor the practices in the agricultural sector and ensure that the practices are within the

53

1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 h) g) f) e) d) c)

environmental standards/laws contained in this E-Code and do not cause negative environmental impacts. The use of the land for agricultural purposes should be in accordance with the CLUP of each City or Municipality. Encroachment of the agricultural sector in the forestlands should be strictly prohibited. Forestlands should be vegetated with trees. Livestock and poultry farms shall be located at least 500 to 1,000 meters away from built-up areas such as residential, commercial, institutional and industrial sites. Existing livestock and poultry farms that are already located near built-up areas, must be required to formulate and submit to the City or Municipal ENRO, a pollution management plan that contains the mitigating/control measures. Government and private abattoirs or slaughterhouses, should be located at least 1 kilometer away from residential or institutional areas to minimize odor nuisance. Livestock and poultry raising communities must have a buffer zone to protect the industry from urban sprawl; A permit should be sought from the Provincial government as a requisite to conversion of sloping agricultural lands to residential lands; Riparian corridors should be planted with trees or bamboo to trap and prevent eroded soil sediments, nutrients, animal wastes from entering the stream and river system; Soil and water conservation technologies and suitable agroforestry systems should be promoted by the Provincial, City or Municipal Agricultural Offices to the farmers operating in the sloping agricultural lands. Good agricultural practices (GAP) and Good Animal Husbandry Practices of the Department of Agriculture should be promoted by the City and Municipal Agricultural Offices; The Province shall develop a program to promote Organic Agriculture in the Province. The City and Municipal Agricultural Offices shall provide regular training on organic agriculture and integrated pest management to reduce the use of chemical fertilizers and pesticides. The program shall also include the promotion of organic livestock production technology; Pollutant agricultural enterprises or farms such as swine farms shall be required to develop an environmental management plan to include appropriate pollution control 54

1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 a) m) k) l) j) i)

and wastewater treatment facilities. This environmental management plan shall be one of the requirements necessary to obtain business permit, CEC from the City or Municipal Government. Backyard and medium scale livestock and poultry farms that are exempted from obtaining Environmental Compliance Certificate from DENR must secure Environmental Certificate from City or Municipal ENRO; No effluent and sludge from livestock and poultry farms shall be disposed into the drainage system without appropriate wastewater treatment. Dead animals shall be buried in well-drained sites, away from freshwater ecosystems; Utilization or recycling of farm residues and wastes should be encouraged and maximized. Burning of farm residues should be prohibited as stipulated in RA 9003. The City or Municipal Agricultural Offices should conduct training and put up demonstration projects to show proper composting of farm residues and wastes into organic fertilizers. The demonstration projects shall include the establishment of biogas digesters in livestock farms especially in swine farms to capture methane gas, which contributes to global warming; The use of red label pesticides for food crops shall be strictly prohibited; The City Health Office shall promote occupational health and safety practices to agricultural workers from production, processing and marketing operations to improve their working environment and well-being and avoid loss of lives; Sale of antibiotics or any veterinary drugs with high residues in animal products should require prescription of a veterinarian before it is sold by agricultural suppliers or veterinary drug stores.

Section 51. Institutional Set-up

The PGENRO shall be given the responsibility of overlooking the environmental performance of the agricultural sector of the Province. As such, PGENRO will have to seek cooperation of the City or Municipal ENROs, Agricultural Offices, and other provincial government offices;

55

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b)

Issuance of environmental permits and monitoring of agricultural businesses, such as farms and factories, shall be the responsibility of the City or Municipality ENROs. As such, they will have to seek cooperation of the City or Municipal Agricultural Offices, Barangay Councils and other municipal offices;

c)

The Barangay Chairman in coordination with City or Municipal ENRO shall be responsible for the issuance of Barangay Clearance for agriculture-related business permits, and monitoring of farms and establishments within their jurisdiction. They shall see to it that the farms and processors of agricultural products are installed and safely maintained. A secured waste management disposal system for solid wastes and effluent, which should include wastes treatment before being drained into the drainage system is required. Complaints and problems involving environmental issues pertaining to agricultural farms or companies shall be reported to the City or Municipal ENRO under their jurisdiction for recording, monitoring, and appropriate action;

d)

The City or Municipal ENROs, in coordination with the PGENRO shall disseminate information about good agricultural practices, proper agricultural waste management to the agriculture sector of the Province. They shall monitor the activities of the agriculture industry to check for its compliance to proper procedures and standards set upon them, and to take note and act on any issues and problems in managing agricultural wastes.

e)

The Provincial Government in coordination with the LLDA shall identify sites within the Laguna Lake and its coastal areas with high levels of pollutants, where fishing and swimming should be prohibited to avoid future health and safety problems of the coastal communities and users;

f)

The LGUs, in cooperation with Laguna Lake Development Authority (LLDA), Bureau of Fisheries and Aquatic Resources (BFAR), Philippine National Police and Barangay Police of the coastal barangays, shall institutionalize capability building to address illegal fishing in the municipal water.

Section 52. Prohibited and Punishable Acts

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a)

Disposal of effluents from livestock and poultry into the drainage canals, creeks, rivers shall not be allowed to avoid surface water pollution;

b) c) d)

Burning of farm residues is strictly prohibited; The use of red label pesticides for food crops is strictly prohibited; No establishment or store shall sell, store, handle or buy harmful or toxic agricultural chemicals within the Provincial jurisdiction without proper permit from their respective City or Municipal ENROs.

Section 53. Fines and Penalties

a)

Violators of Article XIV Section 6 (a) (c) and (d) shall be fined with an amount of Php 1,500 or equivalent community environmental work for the first offense, Php 5,000 or equivalent community environmental work for the second offense and cancellation of business permit or closure of business and/or imprisonment of not more than one (1) year or both for the third and each succeeding offense, at the discretion of the Court;

b)

Violators of Article XIV Section 6 (b) will be fined with an amount of not less than Php 1,500 but not more than Php3000 but not more than Php5000 or equivalent community environmental work for first offense, Php 3,000 or equivalent community environmental work for the second offense and Php 5,000 or equivalent community environmental work for the third and for each succeeding offences. The Barangay Chairman will be responsible in monitoring the execution of the environmental community work of the violator.

57

1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 g) f) e) d) c) b) a) Section 54. Purposes of the Article

ARTICLE X GREEN DESIGNS AND INFRASTRUCTURE AND CONSERVATION AREAS

Enhance the public welfare and protection of the landscape and water bodies of the Province of Laguna and assure that further development is consistent with the Provinces desire to create a more sustainable community by incorporating green building and infrastructure measures into the design, construction, and maintenance of buildings; Encourage homeowners, businesses, developers of commercial and industrial centers, provincial, city and municipal government building professionals to incorporate green building design, construction, and operational techniques into their new or remodeled and/or retrofitted buildings; Encourage green practices in the construction or renovation of new buildings designed to promote resource conservation, reduction of waste generated by construction activities, reduction of energy use during construction and daily operations, enhance energy efficiency, as well as promote health and productivity of building occupants; Construct environmentally sustainable provincial, city, municipal and privately owned buildings to ensure healthy and comfortable indoor environments, and reduce greenhouse gas emissions to mitigate the impacts of climate change; Promote awareness among owners and occupants of new commercial buildings, offices, mixed-use buildings, and residences on the economic advantage of adopting green building designs; Reduce the load on drainage systems by allowing rain water to infiltrate into the ground and lessen polluted runoff from impervious surfaces; Enhance ecosystem services on water and air quality, groundwater yield, protection from flooding and reduction of greenhouse gases;

58

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h)

Rehabilitate and enhance surface water quality in areas that have been degraded by a high percentage of impervious surfaces, and preserve water quality in areas not degraded;

Section 55. Operative Principles

a)

Environmentally-sound building must be conscious of and responsive to the environment of the site;

b) c) d) e) f) g)

Optimize energy use by architectural and engineering design strategies; Protect and conserve water; Use environmentally preferred materials and products. Enhance indoor air quality. Optimize operations and maintenance procedures. Practice Green infrastructure within the building premises (porous pavements, green roofs, green space preservation and creation infiltration planters, trees and tree boxes, water retention ponds, porous pavement and rainwater harvesting for non-potable uses such as toilet flushing and landscape irrigation) help to manage storm water runoff and improve water quality.

h)

Enhance planting of appropriate tree species around the building as it will filter airborne pollutants, offset urban heat island effects, sequester atmospheric carbon, reduce the cooling demands of buildings and promote societal well-being and health.

i)

Design and plan green infrastructure before development.

In general, this article shall abide by the provisions of the National Building Code

Section 56. Regulatory Provisions

a)

Every city/municipality shall require developers and owners to adopt green building design and infrastructure for energy, water and resources conservation and reduction of greenhouse emission and surface runoff; 59

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b)

The City and Municipal Land Use/Building Committee shall promote building practices that enhance resource conservation; use of environment-friendly materials in the construction of the structure; reduction of negative environmental impact including waste generated by construction and occupation of the building; reduction in the use of energy in both initial construction and daily operations; energy efficiency; safeguard the health and productivity of residents and workers; construction of environmentally sustainable government and privately owned buildings; reduction of surface runoff and greenhouse gas emissions to mitigate the impacts of climate change. The site of the building is certified by City/Municipal DRRM Committee free from geo-hazards;

c)

This E-Code shall adopt the Building Ecologically Responsive Design Excellence rating system (BERDE) developed by the Philippine Green Building Council (PHILGBC) for new construction and existing building as basis for evaluation of high development infrastructure while the local rating system is being crafted. PHILGBC shall be requested by the Province for assistance in crafting local rating system;

d)

The city/municipality shall provide incentives to certified green building owners or developers;

e)

Renewable source of energy like solar cells, biogas powered generators, wind mills as well as energy efficient technologies within the premises of the building based on quantitative reduction in energy requirement;

f)

Before approval of building permit, the Municipal/City Planning and Development Officer (MPDO/CPDO) shall require developers and owners to incorporate into the building plans plumbing and sewer system to enhance water conservation and pollution reduction. Separate pipes for gray water such as from bathroom, wastewater from laundry and filtered kitchen wastewater so that they can be used for irrigating plants during sunny days and the excess is disposed into a separate septic tank shall be required;

g)

This E-Code shall require all MPDOs/CPDOs to integrate into building plans rainwater harvesting that could be used for flushing toilet, watering gardens and 60

1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 a. b. c. k) i) j) h)

non-domestic use. The black water is disposed into three-cell septic tank with lining at all sides. The septage should be removed every three years by certified service provider; Buildings with three storeys above, condominiums, and dormitories shall be required to put up fire extinguishers approved by the city/municipal Bureau of Fire Protection; This E-Code shall require the use of native plant species for landscaping purposes; Construction of houses and buildings along riparian zones shall not be allowed unless riverbank stabilization measures are incorporated into the plan; Compliance with the National Building Code of the Philippines should be strictly enforced.

Section 57. Prohibited and Punishable Act

Owners of buildings or any infrastructure that encroached into the easement of the waterway as defined by the law and as well as for structure that would reduce the floodwater carrying capacity of the channel or constricts the free flow of water shall be penalized.

Section 58. Fine and Penalty

The 2004 Revised IRR of P.D. No. 1096 provides the following amount of fines for violations of the National Building Code:

Light Violations - P 5,000.00 Less Grave Violations - P 8,000.00 Grave Violations - P 10,000.00

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Furthermore, any person, firm or corporation who shall violate any of the provisions of this E-Code and/or commit any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more than twenty thousand pesos (Php20,000) or by imprisonment of not more than two years or by both such fine and imprisonment.

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1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 a) Section 61. Regulatory Provisions b) Section 60. Operative Principles a) d) c) b) a) Section 59. Purpose of the Article

ARTICLE XI HUMAN SETTLEMENTS AND URBAN LAND USE

To provide policy guidelines in the formulation of the Comprehensive Land Use Plan of the Province as well as its 24 municipalities and 6 cities; To promote sustainable development principles and concerns in planning; To clearly define and delineate the linkages and areas of cooperation of the different levels of the LGUs in the Province in formulating their respective land use plan; To promote integrated and sustainable human settlements with access to social and economic opportunities for all the Province's citizens land use

Human settlements mean the totality of the human community - whether city, municipality or barangay - with all the social, material, organizational, spiritual and cultural elements that sustain it; Human settlements do not only refer to spatial dimension but should be seen as the physical expression of economic and social activity;Land resource allocation and conservation areas should be consistent with the city development plan and the provincial physical framework plan.

Every city and municipality in the Province shall endeavor to have an updated comprehensive land use plan (CLUP) in compliance with the policy set under RA 7150, otherwise known as the Local Government Code as amended. The updated CLUP must be in accordance with the guidelines and standards set by the Housing 63

1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 d) c) b)

and Land Use Regulatory Board (HLURB) and other applicable laws, and enacted thru the appropriate zoning ordinances, which shall then serve as the primary and dominant bases for the future use of land resources in the said city or municipality;

Whenever applicable, the watershed approach to land use planning shall be used in preparation of the each municipal and city CLUP. Otherwise, the ecosystem-based approach to spatial planning shall be used. In either case, a coordinated approach to human settlements planning must also be adopted;

Pursuant to Section 468 (a-2-vii) of the LGC, the Sangguniang Panlalawigan shall review all CLUP of all component cities and municipalities within the Province. They shall be assisted by the Provincial Land Use Committee (PLUC) office under the Provincial Development Council, in reviewing such plans to, among others,: (i) Ensure that land use plans of component cities and municipalities are consistent with the provincial comprehensive land use plan and national policies, standards and guidelines; (ii) Recommend solutions to settle disputes among component units over alternative use of land resources; (iii) Promote the community-based program for sustainable development; and (iv) Ensure that such plans are supportive of the objectives set forth in the Urban and Housing Development Act of 1991 Each LGU is encouraged to create people-friendly human settlements which are economically productive, socially just, politically participatory, ecologically sustainable and culturally vibrant.

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1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 a) Section 64. Regulatory Provisions Section 63. Operative Principles d) c) a) b) Section 62. Purpose of the Article

ARTICLE XII ECO-INDUSTRIAL PARKS AND WASTE MANAGEMENT

To promote waste minimization and cleaner production; To establish an environmental management system in each industrial parks including wastewater treatment plant, material recovery facility and hazardous waste handling and disposal; To promote sustainable industrial development through networking of existing and future locators that recover, recycle and re-use by-products within and outside the industrial park and SMEs in the Province; To minimize the industries contribution to GHGs emission.

Establishments of Eco-Industrial Parks shall adopt the PEZA guidelines. However, the PGENRO has the right to inspect the area. Environmental management in the eco-industrial parks must be towards self-regulation, minimum waste production and socially and environmentally responsive industries

All Industrial Parks shall be required acknowledge the provisions under the Writ of Continuing Mandamus of Manila Bay (G.R. Nos. 171947-48) ordered by the Supreme Court that mandated the Governors and Mayors to inspect all factories, commercial establishments and private homes along the banks of the major river systems and other minor rivers and waterways within their jurisdiction that eventually discharge water into the Manila Bay and the lands abutting it, to determine if they have wastewater treatment facilities and/or hygienic septic tanks, as prescribed by existing laws, ordinances, rules and regulations 65

1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825

b)

The Province shall encourage all industrial estates to function as an eco-industrial park through collaboration in managing environmental and resource issue and applying the concepts of industrial ecology.

c)

Good housekeeping must be applied at all times in all companies for waste minimization and energy conservation to ensure efficient working environment.

d)

The PGENRO shall ensure that no locators are using banned chemicals such as but not limited to substances containing POPs and ODS.

e)

The PGENRO shall have the right to inspect the smoke stack of all locators to verify its compliance to the Clean Air Act and other local and national laws.

f)

Green architecture shall be required for new industrial parks, for additional establishments and for renovation and/or extension of existing locators, which shall be imposed by the Province. A green space shall be established within all industrial parks in the Province. The Province shall request that all administrators of each industrial parks create a data base of all their by-products for materials and energy trading with SMEs.

g) h)

i)

PGENRO shall recruit or appoint personnel who would be responsible for maintaining the cohesion of the exchange network as well as for sales and marketing.

j)

The Province shall form an information system where trading and exchange be accessed by all.

k)

All industrial parks in the Province shall be obliged to establish an Annual Resource Conservation Plan (ARCP) including energy efficiency, water consumption, solid waste generation and GHGs emission that will provide targets and limits.

l)

Wastewater Treatment Plant shall be compulsory to all EIPs and the treated water, that its quality meets the national standards for some other uses, shall be recycled for but not limited to irrigating the plants in the park. All the generators in the parks shall be required to practice segregation at source for easy handling and transport of waste materials.

m)

n)

Parks shall be required to have a Material Recovery Facility to increase the value of their waste materials. 66

1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846

o)

All parks shall be required to employ an accredited hauler for the collection, transport and disposal of generated hazardous wastes.

p)

The Province shall each locator to have at least one environmental project per year as part of their Corporate Social Responsibility.

Section 65. Prohibited and Punishable Acts

a)

Industrial parks caught disposing polluted wastewater and/or dumping solid and hazardous wastes in all waterways and water bodies shall be penalized;

b) c)

Open dumpsites are strictly prohibited in all EIP; Locators that manufacture and use banned chemicals shall be penalized.

Section 66. Fines and Penalties

Fines and Penalties shall be in accordance to PEZA guidelines or based on which law was violated i.e. Clean Air Act, Clean Water Act, Ecological Solid Waste Management and Hazardous Waste Management. If the offense is committed by a corporation, partnership or other juridical entity, the chief executive officer, president, general manager or person-in-charge shall be held liable.

67

1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 c) a) b) Section 68. Operative Principles g) f) e) d) c) b) a)

ARTICLE XIII ECOLOGICAL SOLID WASTE MANAGEMENT

Section 67. Purposes of the Article

Compliance with the writ of continuing mandamus to restore the water quality of Manila Bay and solid waste disposed into the rivers and lake as a contributor to water quality degradation; Improve compliance with RA 9003 (Ecological Solid Waste Management Act), provincial ordinances and resolutions and city/municipal ordinances on solid waste management; Implement cost-effective ecological solid waste management program to achieve minimal wastes generation for the whole Province; Save Laguna de Bay from disposals of solid waste into waterways from the towns and cities of the Province; Encourage continuous full support and active participation of industrial, business, educational, energy and agricultural sectors and the people of the Province; Efficient collection and safe and secured storage and processing of biodegradable, non-degradable household toxic and hazardous solid waste; and Make the whole Province be recognized as one of the cleanest Provinces in the country.

Prevent or minimize the creation of emissions or dispersal of waste from sources; Reduction of greenhouse gases and foul odor emission through raw material and energy recovery while protecting human and ecosystem health; Solid wastes management must prevent point and non-point source pollution and promote resource use optimization; 68

1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908

d) e) f) g)

Solid waste is a potential raw material that can be used for other purposes; Pollution prevention is more preferred to pollution control practices; Solid waste management is everybodys concern and we must pay for the service; Continuous community education and active participation is the key to costeffective solid waste management program;

h)

All members of the community must accept a shared responsibility for the safe collection and disposal of household solid waste;

i)

The principle of extended producer responsibility should include household products ;

j)

generating hazardous solid waste with associated risk and pose problem to collection, transfer and processing system that would be operated by the local government.

Section 69. Regulatory Provisions

a)

The constituents of each city/municipality must comply with the provisions of the RA 9003- Ecological Solid Waste Management Act and RA 6969, Toxic and Waste, pertaining to household hazardous solid wastes,

Hazardous

provincial/city/municipal ordinances or resolutions on solid wastes management; b) City/municipality must have a new or updated ten-year solid wastes management plan approved by the Provincial Solid Waste Management Board, Provincial

Board and the National Solid Waste Commission; c) Each city/municipality should have annual review of its approved solid wastes management plan to improve its services and resource generation including

minimal garbage fee if necessary to meet the needs of increasing population and economic activities; d) Barangay, which is partly or not served by the city/municipal garbage collection, must be assisted by the city/municipality to implement an effective plan to prevent the disposal into the waterway, river and riparian zone; e) Value-adding to collected garbage through efficient composting technology, production of marketable products from non-biodegradable wastes using cleaner 69

1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 m) l) k) j) i) h) g) f)

technologies and waste to

energy technologies among others to reduce residuals

disposed into the sanitary landfill. Best practical option for waste management processes need to be observed to control emissions and cross-media pollution; City/Municipality must continuously record the kind and amounts of solid wastes collected, processed and disposed into sanitary landfills and compare with the targets; Workers in solid waste collection, transport, material recovery and composting facilities must be provided with protective gears, shoes and appropriate clothing for their safety and health protection; Residuals from recycling of solid wastes from industries or junk yards must not be disposed into the municipal, city or barangay eco-waste or material recovery facilities; With increasing hardware materials from information technologies and electronics, safe and secured collection, temporary storage, and disposal of toxic and hazardous solid waste must be established in each city/ municipality or agreed communal shared facilities for a fee; The location of junkyards must not be in the residential areas to avoid potential impairment of air quality, habitat for flies, rodents and cockroaches, fire hazard and alteration of the aesthetic value of the place. Existing junkyards in the residential areas shall be given one year to move to appropriate area after the enactment of this E-Code; An independent third party should conduct environmental audit on the implementation of the approved city/municipal solid waste management program as basis for recognition case of outstanding performance or, for identification of areas needing improvement; Provincial Solid Waste Management Board should assist in clustering cities and municipalities to provide solution for temporary storage of household hazardous solid waste and establishment of safe and secured disposal into exclusive

hazardous and toxic sanitary landfill;

70

1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969

n)

The Manufacturers, distributors and authorized outlets of products containing or contaminated with toxic and hazardous wastes like containers of toxic and hazardous chemicals, florescent and bulb and electronic wastes should practice extended producer responsibility. A take-back and waste processing policy should be in placed to prevent the indiscriminate dispersion of the toxic and hazardous substances in the environment. They are also responsible for the cost involved for the recovery of the wastes;

o)

MENRO/City ENRO should conduct environmental audit of the privately operated sanitary landfills and control dumpsites to ensure the safety of groundwater in the area for domestic water supply, no odor nuisance for the constituents near the facilities, the area is free from flies, rodents and other potential carriers of

pathogenic diseases, no surface runoff draining into the communities to avoid conflict with the constituents; p) Abandoned sanitary landfill and open dumpsite should not be used for recreational, housing and/or school site without proper environmental audit to protect public health; q) Service providers for solid waste collection from locators in the industrial parks, commercial, industrial, residential and institutional establishment must have certified facilities for material recovery with safe and secured disposal of the residuals.

Section 70. Prohibited and Punishable Acts

a)

No person or household is allowed to dispose waste unsegregated. Otherwise, household garbage will not be collected by the city, municipal or barangay garbage truck;

b)

Littering, throwing, dumping of wastes in private properties, riparian zone, water bodies and public lands is prohibited;

c)

Residuals from recycling of solid waste from industries or junkyard must not be brought to the municipal, city or barangay eco-waste or material recovery facilities. 71

1970 1971 1972 1973 1974 1975 1976 1977 1978 Violation of this Article shall be unlawful and shall be penalized pursuant to the Ecological Solid Waste Management Act (RA 9003). Section 71. Fines and Penalties

72

1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 a) Section 73. Guiding Principles f) e) d) c) b) a) Section 72. Purpose of the Article

ARTICLE XIV TRANSPORTATION AND TRAFFIC MANAGEMENT

To promote environmentally sustainable transport (EST) for the protection of human health through the reduction of urban air pollution and important cobenefits, including the reduction of greenhouse gas (GHG) emissions, reduction of deaths and injuries from road accidents, the reduction of traffic noise levels, and the reduction of traffic congestion levels; To reduce the annual growth rate of energy consumption and associated GHG emissions from the transport sector; Mainstream environmentally sustainable transport (EST), which involves, among others, the promotion of transportation systems of low-carbon intensity and shift towards the use of more sustainable transport modes; and, To build capacities of a network of enabled and committed transport-related institutions, at the national and local levels, that are able to effectively identify, promote and undertake Environmentally Sustainable Transport (EST) strategies and initiatives, in support of national progress and development. To develop, operate, and maintain water transportation facilities in the Province; and To establish, operate and maintain helipads-cum-jetties in identified disaster risk areas for emergency response and relief operations.

The Aichi Statement was reaffirmed by the 2007 Asian Mayors Policy Dialogue for the Promotion of EST in Cities where the Kyoto Declaration was adopted by mayors of Asian cities.

73

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039

b)

In 2009, Presidential Administrative Order No. 254 (Formulation of a National Environmentally Sustainable Transport Strategy for the Philippines) was issued wherein the Department of Transportation and Communications (DOTC) was mandated to formulate the National Environmentally Sustainable Transport (EST) Strategy for the Philippines.

c)

In May 2011, the National Environmentally Sustainable Transport (EST) Strategy for the Philippines was officially launched.

d)

The operative principles recognize and are also consistent with earlier programs that the Philippines is committed towards sustainable development, climate change and the environment as indicated by the signing to the United Nations Framework Convention on Climate Change (UNFCCC) Agreement in Rio de Janeiro in 1992 and the enactment of Republic Act No. 8749 or the Philippine Clean Air Act of 1999.

Section 74. Operative Principles

The national governments of Asia adopted the Aichi Statement in 2005 (Towards establishment of the Regional Forum for the promotion of environmentally sustainable transport (EST) in Asia) where it was recognized that there is a need for both national and local level governments to develop and adopt integrated policies, strategies and programs incorporating key elements of environmentally sustainable transport such as:

a) 1.

Public health Promoting integrated transport policies that mitigate the negative human health impacts of motorised transport;

2.

Recognising the high costs incurred to the national health system due to nonsustainable transport modes;

3.

Strengthening the coordination and cooperation among health and transport agencies.

74

2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069

b)

Land use planning

1.

Accepting a vision of cities for people rather than for cars, with a focus on the movement of people and goods rather than vehicles;

2.

Supporting urban planning with a particular emphasis on public transport, nonmotorized transport, traffic safety and environmental control;

3.

Encouraging the integration of both land use and transport planning to reduce the unplanned, low-density expansion of urban areas;

4.

Promoting urban revitalization through mixed-use development, favoring concentrated development around public transport nodes;

c)

Environment and people friendly urban transport infrastructures

1.

Providing affordable and socially acceptable transport infrastructure and facilities in urban areas;

2.

Recognising that overprovision of infrastructure can induce additional travel by private motorised vehicles and result in increased pollution and congestion, unless appropriate consideration is made;

3.

Acknowledging the importance of mass transit systems in meeting the needs for increased mobility in an environment-friendly manner.

4.

Development of water transportation for people and product mobility

d) 1.

Public transport planning and transport demand management (TDM) Maintaining or increasing the share of public transport by improving the quality of such services;

2.

Controlling demand for private motorised travel through a combination of policies, such as regulatory measures (manage demand for road space), fiscal policies (such as parking fees, vehicle taxes, road or congestion charging, and fuel taxes, etc.), and infrastructure design measures;

3.

Recognising Bus Rapid Transit (BRT) as a low-cost mass transit option which can be implemented quickly to meet the growing demand for mobility;

75

2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100

4.

Recognising Mass Rapid Transit (MRT) as a mass transit option which can be implemented to meet the growing demand for mobility, where appropriate.

e)

Non-motorised transport (NMT)

1.

Acknowledging the dependence of all-income groups on non-motorised transport and its importance as an environmentally sustainable mode of transport;

2.

Aiming to maintain or enhance the existing role of non-motorised transport, especially in dense urban areas, especially for short trips;

3.

Encouraging the provision of higher-quality infrastructure and the development of city-level master plans for footpaths and cycle ways;

4.

Increasing safety for non-motorised transport.

f) 1.

Social equity and gender perspectives Acknowledging the need for and contribution of safe and affordable urban transport systems to the alleviation of poverty and the promotion of social development;

2.

Recognising that public transport have to address the conditions of women and the need to build the institutional capacity to better include gender aspects in urban transport planning;

3.

Providing infrastructure that particularly caters to the needs of the most vulnerable users, including children, the elderly, and the physically disabled.

g) 1.

Road safety and maintenance Creating appropriate inter-agency coordination and management mechanism to address the road safety in transport policies and program;

2. 3.

Acknowledging road safety as a primary guiding principle for transport planning; Mobilising resources for formulation and implementation of multi-stakeholder integrated road safety action plans.

h)

Strengthening road side air quality monitoring and assessment 76

2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131

1.

Improving road side air quality monitoring in urban city centres to better understand the impacts of road side pollution on people travelling on the roads and people working or living close to the roads;

2.

Improving and harmonizing road side monitoring methodologies in line with the internationally standardised methodologies for ambient air quality monitoring.

i) 1.

Traffic noise management Improving traffic noise monitoring in urban city centres to better understand the impacts of road side noise on people travelling on the roads and people working or living close to the roads;

2.

Acknowledging the need for standards on noise levels and the enforcement of such standards by establishing management mechanisms;

3.

Promoting the prevention of excessive noise through the promotion of nonmotorized modes and high-quality public transport.

j) 1.

Cleaner fuel Phasing down sulphur levels in gasoline and diesel as required to achieve advanced vehicle emission standards;

2.

Acknowledging the contribution of alternative fuels such as Compressed Natural Gas (CNG) and biomass-derived ethanol and biodiesel as a means to reduce vehicle emissions;

3.

Planning for an eventual transition to renewable fuels.

k) 1.

Vehicle emission control, standards, and inspection and maintenance (I/M) Rapidly phasing-in strict emission standards for new vehicles, with due regard to manufacturing lead times and to the provision of compatible fuels;

2.

Adopting and enforcing vehicle inspection and maintenance programs for vehicle emissions and safety, based on high-volume, test-only inspection centres with stringent quality control;

3.

Reducing emissions from in-use vehicles by retro-fitting of emission control devices and/or the conversion to lower-emitting fuels; 77

2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161

l) Water Transport Revival 1. Reviving lake water use as navigation, leisure, and recreation including fluvial festivals, floating markets, and clean river competitions

m)

Strengthening knowledge base, awareness and public participation

1.

Promoting coordination and cooperation among groups collecting or managing information on EST through a decentralized network of knowledge providers;

2. 3.

Developing and disseminating best practice on EST; Increasing the understanding and awareness of the civil society and decision makers on the beneficial aspects of EST with the aim to accomplish changes in policies, investment decisions and personal behavior;

Section 75. Regulatory Provisions a. To ease traffic strict implementation of no parking policy on all road networks shall be enforced by requiring enforcement authorities such as the PNP, Laguna Traffic Management Office (LTMO), Land Transportation Office (LTO), and local traffic management offices to develop a comprehensive traffic management plan in each municipality/city within ninety (90) days from the promulgation of this E-Code; b. Require all existing large business establishments and those that will be established, such as supermarkets and malls to provide lay bays on both side of the road that can accommodate at least 5 jeepneys and 3 buses while loading or unloading passengers. c. Require all existing large business establishments and those that will be established, such as supermarkets and malls to provide at least one (1) security officer to manage and regulate the traffic on lay bays d. Implement the no tricycle policy on national road networks and no padyak policy prohibiting passenger pedicab and sidecars on national road networks.

78

2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 b) a) Pollution abatement by adapting green technology is preferred over control measures such as emission limitations. The Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Section 7, 8 and 9 of Philippine Clean Air Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, that in case where the Board has not been duly constituted and Section 78. Regulatory Provisions Clean air across the Province must be guaranteed for a healthy and productive community. The Province must also be involved and contribute significantly in responding to global directives in protecting the planet. The Local Government Units must lead in maintaining a good air quality, but all residents must actively participate to achieve it. Section 77. Operative Principles a. b. c. d. To promote economic development vis-a-vis air quality protection. To ensure a safe level of air pollutants in all areas at all times. To protect public health especially against respiratory diseases. To enhance cooperation and self-regulation among residents and industries. Section 76. Purpose of the Article ARTICLE XV AIR QUALITY MANAGEMENT

79

2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 j) i) h) g) f) e) c)

has not promulgated its standards, the standards set forth in this Act shall apply. (Section 36 of the Philippine Clean Air Act - Role of Local Government Units) The LGU through the PGENRO with the assistance of DENR shall prepare a comprehensive air quality management programs and take the lead in its implementation. d) The PGENRO in coordination with the Governing Board of the adjacent airshed shall be responsible for attaining and maintaining the ambient air quality standards provided in Philippine Clean Air Act within their respective airsheds, as well as, monitoring the Makiling-Banahaw Geothermal Airshed together with its Governing Board. The PGENRO shall take the lead, in coordination with appropriate government agencies with the assistance of an air quality monitoring network, in regulating the emissions of industries as well as issuance of permits and evaluation of violators. The Province shall strictly implement Section 22 of the Philippine Clean Air Act regulation of all motor vehicles and engine through Resolution No. 217, S.1997 and Resolution No. 409, S.2005 referring to the acquisition of anti-smoke belching equipment and necessary needs for the mobilization of the campaign. A mobile Anti-Smoke Belching Unit (ASBU) shall be established for enforcement. The PGENRO in cooperation with the Department of Trade and Industries shall ensure the elimination of sale and usage of leaded gasoline and/or engines requiring it throughout the Provinces jurisdiction. The Province shall strictly implement Section 24 of the Philippine Clean Air Act through Resolution No.1136, Ordinance No. 13, S.1997 prohibiting drivers and passengers from smoking tobacco inside public utility vehicles and Resolution No. 541 Ordinance No. 3, S.2004 regulating smoking in public place to protect nonsmokers from the ill-effects of tobacco smoking, The Province shall facilitate and coordinate with the Philippine Ozone Desk for the phase-out of all Ozone-depleting Substances (ODS). The Province shall support and contribute to the global efforts on climate change mitigation by reducing GHGs emission thru adaptation of the Philippine Greenhouse Gas Accounting and Reporting Program (PhilGARP). 80

2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253

k)

The Province shall disallow the use of substances containing Persistent Organic Pollutants (POPs) such as organochlorine pesticides.

l)

The Province shall promote the use of safe non-burn technologies for the treatment and disposal of sorted, unrecycled, uncomposted municipal, bio-medical and hazardous wastes.

m)

The Province with the PGENRO as the lead shall monitor and regulate the emissions of the Small and Medium Enterprises (SMEs).

n)

The Province shall create its Pollution Adjudication Board (PAB) within its PGENRO which shall be responsible for the Emission Charge System and the Air Quality Management Fund.

o)

The Province in coordination with DENR shall encourage the use of available Pollution Control Technology.

Section 79. Laguna Air Quality Control Action Plan

a)

Develop a comprehensive air pollution management program to address the identified issues and concerns;

b)

Generate necessary information on the criteria pollutants which have been established under the National Ambient Air Quality (NAAQ) guideline values;

c)

Monitor all types or sources of emissions from vehicular, industrial, agricultural, households, and others, which contribute to the total concentration of air pollutants in Laguna.

Section 80. Prohibited and Punishable Acts a) Emission of particulate matter from any source, in such activities like construction, excavation, and installation, exceeding the limits provided by the law. b) Operating plant or source at capacities that exceed the limits of operation or capability of a pollution control device to maintain the air emission within the standards as provided by the law; c) Operating a vehicle which discharges air pollutants at levels exceeding the standard set by law; 81

2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278

d)

Building or installing or using any equipment or devices, which will create emission beyond the standards

e)

Building or installing a smoke stack for industrial establishment, without a prior approval by the DENR. Building of such for SMEs or residential uses without prior approval by the PGENRO.

f)

Storing, dumping, handling, processing, transport or using in any process or installation, volatile compounds or organic solvents without applying known vapor control devices or systems deemed necessary.

g)

Causing, allowing or permitting the discharge of air pollutants that cause an objectionable odor.

h)

Any activity for extended periods, which would result in noise level higher than the ambient standards and without first securing a clearance from the PGENRO

i)

Causing or permitting the creation of unnecessary noise through the use of any device on any street adjacent to any hospitals, schools, or court of justice.

j) k)

Smoking in prohibited areas. Manufacturing, importing and using substances containing ODS and POPs.

Section 81. Fines and Penalties Violators shall be fined according to the Emission Charge System recommended by the PAB of the DENR for industries, PAB of the Province for SMEs and the DOTC for vehicles or based on the ordinances set by LGUs. If the offense is committed by a corporation, partnership or other juridical entity, the chief executive officer, president, general manager or person-in-charge shall be held liable.

82

2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 It is hereby declared as the policy of the Province of Laguna to support government 83 The Province of Laguna shall work for the integrity of its lake and river ecosystems such as the Laguna de Bay, Caliraya, Lumot and Crocodile, and others, including its respective tributary river ecosystems. Guided by watershed, hydrologic and landscape ecology principles, the conservation efforts of these lake and river ecosystems must be consistent with conservation efforts at the Laguna de Bay watershed region (LDBR).The protection and conservation of these lake and river ecosystems and the resources therein are geared towards the sustainable use and long-term benefit of the people of Laguna in adherence to the principles of integrated water resource management. c) b) a) To conserve the levels and flows and protect the environmental balance of the Laguna de Bay and other lake ecosystems in Laguna and its tributary and connecting waters; To ensure that development of the Province is consistent with the need to effectively manage and conserve its lake and river ecosystems and the resources therein; and To encourage for cooperative programs and management actions for the water resources within the Province consonant with that of the Laguna de Bay Region. Section 83. Operative Principles Section 82. Purpose of the Article ARTICLE XVI MANAGEMENT OF LAGUNA DE BAY, ADJACENT LAKES AND ITS RESPECTIVE RIVER TRIBUTARIES

2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339

institutionalities and agencies in the full exercise of their powers, duties and responsibilities towards proper management of its lakes, rivers and the entire watershed region where these ecosystems are encompassed. The Province of Laguna shall provide an enabling environment in ensuring cooperation between and among stakeholders of Laguna de Bay and other lake ecosystems including its respective tributary systems, which would encompass active leadership from the side of the provincial government, technical assistance, relevant policy formulation and effective enforcement, support for research and development, monitoring, and implementation of conservation programs, among others, of its lake and river water resources.

Further, it is hereby declared the policy of the Province of Laguna to foster cooperative programs and practices for sustainable management of its lake ecosystems and river tributaries located within the jurisdiction of the Province and shall ensure the observance of prior notice and consultation and collaboration with government line agencies particularly the Laguna Lake Development Authority (LLDA), the local government units of Laguna, and other stakeholders.

Lake ecosystem and its tributaries are valuable natural resources under the control of the state, to which the provincial government has a duty to manage effectively for the use and enjoyment of present and future generations.

Lake ecosystem and its tributaries are valuable natural resources, and the Province of Laguna and its comprising local government units share a common interest in the preservation of these lake and river ecosystems and its resource.

The continued availability for agricultural, domestic and industrial and other services provided for by the lake ecosystems and the maintenance of balanced lake ecosystem are vital for sustainable development.

The lake ecosystem and its tributaries in the Province of Laguna shall be made responsive to multiple uses in adherence to pertinent regulations and policies. 84

2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 Section 85. Delineation of Municipal Waters Within Laguna de Bay 85 A Laguna de Bay Management Framework that will guide in undertaking, among others, the delineation, establishment, management, monitoring, maintenance, particularly the section of Laguna de Bay that is within the jurisdiction of the Province. In the minimum, such framework would outline how complementary and collaborative efforts between and among LLDA, the Province and its local government units and other government agencies, which could be made possible such as, but not limited to: water extraction; water quality management; habitat restoration; fisheries management particularly management of aquaculture/fishcages, legal and institutional arrangements, enterprise and livelihood systems, investment promotion and revenue generation, shoreline protection and development, monitoring and evaluation, and research, extension and information management, climate change and biodiversity conservation. Pursuant to RA 4850, PD 813, EO 927 and EO 149, the Laguna Lake Development Authority (LLDA), a quasi-government agency is duly mandated to lead, promote, and accelerates sustainable development in the Laguna de Bay Region by carrying-out regulatory and law-enforcement functions with provisions on environmental management, particularly on water quality monitoring, conservation of natural resources, and community-based natural resource management. In adherence to Sec 13, Chap 3 of RA 4850, the Office of the Governor of the Province of Laguna, being the duly representative of the Province to the Board of Directors of LLDA, and with the assistance of the PGENRO, must lead the initiative of integrating and streamlining LLDAs resolutions, policies and regulations, and programs to this E-Code. Section 84. Streamlining of Management of Laguna de Bay Guided by the integrated water resources management principles, the lake ecosystems and its river tributaries are interconnected and are part of the Laguna de Bay Watershed Region.

2371 2372 2373 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 The Office of the Governor of Laguna shall ensure the adoption of municipal/cities zoning plan that compliments its comprehensive land use plan and in due reference and must be consistent with the LLDAs Laguna de Bay Master Plan and its Board Resolution No. 9, Series of 1996. Pursuant to RA 7160, the use and exploitation of municipal waters shall be reserved exclusively to resident fishermen of the concerned lakeshore municipality/city and with preference to registered fishermen that must be based on optimum sustainable yields computations to be provided by the LLDA. Further, pursuant to Sec 19, Article I of RA 8550, the concerned lakeshore municipality/city shall maintain a registry of municipal/city fishermen. 86 Section 86. Use of Municipal Waters of Laguna de Bay Further, in adherence to the provisions of RA 7160, the concerned lakeshore municipalities/cities, through the offices of its respective mayors, must delineate, demarcate, and produce maps of their respective territorial boundaries as to be clearly reflected and included in their respective duly-legislated CLUPs. This effort must be subject to and in consultation with LLDA and in due reference to the Laguna de Bay Master Plan. Provided, that the delineation of municipal waters shall be undertaken jointly by contiguous municipalities/cities to avoid controversies in boundary lines. Provided further that amicable settlement of boundary disputes between municipal/cities waters shall be governed by Sections 118 and 119 of RA 7160 and with existing policies and Board Resolutions of LLDA. The Governor is hereby authorized to issue the appropriate implementing rules and regulations, circulars, directives and memoranda, including sanctions for the purpose of implementing the provisions of this section. Pursuant to Section 131 of RA 7160, the Provincial Government of Laguna through the Office of the Governor and with due assistance of the PGENRO of Laguna, shall adopt measures to encourage lakeshore municipality/city mayors, concerned residents, FARMCs and concerned government agencies to complete the delineation, establishment, management and protection of their respective municipal waters.

2402 2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 Upon the recommendation of LLDA and the Municipal Fisheries and Aquatic Resources Management Council (MFARMC), the local chief executives through municipal/city ordinance may designate a closed season harvesting of freshwater resources in Laguna de Bay. The issuance of licenses and permits by the concerned lakeshore Section 89. Designation of Closed Season Harvesting in the Municipal Waters of Laguna de Bay The Provincial Government shall ensure that lakeshore municipalities must adopt ordinances and implement regulatory programs on rice farming activities in the lakeshore areas of Laguna de Bay to ensure that this activity is consistent with the conservation efforts of the lake ecosystem and its tributaries. This must likewise be in consistent with LLDAs Board Resolution No. 10 and DENR DAO 27-95. Section 88. Regulation of Rice Farming in Lakeshore Areas of Laguna de Bay The Provincial Government, in cooperation with LLDA and DENR, must require its lakeshore municipalities/cities to delineate, map-out and demarcate the foreshore areas of Laguna de Bay and must be included in its comprehensive land use plans. Further, lakeshore municipalities/cities must formulate and implement lakeshore restoration and rehabilitation programs to be integrated also in its CLUPs, including the eventual phasing out/relocation of illegal occupants and other activities, consistent with LLDAs BR 313 (2007), BR 283 (2006), BR 274 (2006), BR 248 (2005), BR 231 (2004) and BR 113 (1999), and DENR DAO 27-95 (Moratorium on the Acceptance and Processing of All Public Land Applications Covering Areas Immediately Adjacent to the Laguna de Bay Basin. Section 87. Conservation of Lakeshore of Laguna de Bay and in other lake ecosystems of the Province of Laguna

municipalities/cities of Laguna de Bay for fishery activities would cease upon passing 87

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such ordinance.

Further, the Province may likewise issue advisory and the stopping of harvesting of harmful aquatic resources such as algal blooms and during fish kills upon recommendation of LLDA and BFAR.

Section 90. Establishment of Freshwater Sanctuary/ies in Laguna de Bay

The Province must encourage the passing of appropriate municipal/city ordinance or resolution among the lakeshore municipalities/cities to establish freshwater sanctuary/ies within their respective municipal/city waters especially for biodiversity conservation purposes subject to regulations of LLDA.

Section 91. Enforcement of Laws and Regulations on Endangered and Threatened Freshwater Aquatic Species

The Provincial Government shall coordinate with LLDA and other government agencies in protecting endangered and aquatic species in Laguna de Bay, other lake ecosystems and its respective tributaries.

Section 92. Regulation of Threats to Freshwater Biodiversity as Basis for Monitoring and Decision-Making

The Provincial Government shall coordinate with LLDA, other government agencies, academic institutions, stakeholders and research organizations, etc, in implementing proactive assessment of the continuing threats to the indigenous biodiversity of the lake basin to safeguard it from introduction of alien species, chemical pollution, overextraction, and reduction of habitats of wild flora and fauna. The results must serve as basis in future monitoring and decision-making.

Further, the Provincial Government of Laguna must allocate funds in support to the 88

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regular monitoring of its municipal/city waters in conjunction with LLDA and the lakeshore municipalities to serve as basis for planning of intervention options. Long-term regular monitoring stations for sediment transport, water quality and etc, must be set in tandem with the regulatory interventions of LLDA.

Section 93. Release/Spill/Barging of Petroleum and Petroleum-Based Products in Laguna De Bay, other Lake Ecosystems and River Tributaries.

In line with LLDA Resolution No. 8 (1991), the Provincial Government should pass a resolution instituting guidelines governing the release, barging and response mechanism during harmful spill of petroleum, petroleum-based products and other toxic chemicals in Laguna de Bay, other lakes in the Province and its tributaries.

Section 94. Regulation of Piggeries/Hog Raising Activities

The Provincial Government must require its local government units to strictly regulate hogs, piggeries and other livestock activities pursuant to LLDA BR No. 336 (2007) and BR No.169 (2001).

Section 95. Solid Waste Management and Banning of Plastic Materials

The Provincial Government must ensure that all its local government units duly comply with the provisions of the RA 9003. Further, the Provincial Government must strongly encourage its local government units to pass an ordinance or resolution on gradual phasing-out and eventual banning of plastic materials pursuant to LLDA Resolution No. 406 (2011).

Section 96. Compliance to Discharge Permits, Clearances and other Requirements Set by LLDA and other Government Agencies

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The Provincial Government must ensure that the enterprises and all covered business activities in every municipality/city of Laguna must duly comply, whenever appropriate, with LLDA BR No. 286 (2006), BR No.404 (2011), BR No.298 (2006), BR No.191 (2003), BR No.124 (1999), BR No.106 (1999), BR No.33 (1996), BR No.25 (1996) and BR 23 (1996), among others.

Section

97.

Investment

of

Communal/Community-Based/Applicable

Waste

Treatment Facilities

The Provincial Government must strongly encourage and support its local government units planning offices to invest and/or implement waste treatment facilities and other innovations that would reduce effluent loading to Laguna de Bay, other lakes in the Provinces and its respective tributaries.

Section 98. Formation and Strengthening of Multi-Sectoral River Rehabilitation Councils.

The Province must coordinate the formation and the strengthening of existing multisectoral river rehabilitation councils in collaboration with LLDA, DENR and other government agencies and other stakeholders that would implement rehabilitation and restoration programs in their respective river ecosystems.

Section 99. Citizen Suits and Emergency Report Systems.

The Province must allocate funds or the installation of necessary reporting mechanisms by creating hotlines and through interface with the Provincial website on urgent cases related to pollution in Laguna de Bay and other environment violations in the Province.

Section 100. A Day for Laguna de Bay

To commemorate the historical value, highlight the socio-economic importance and to 90

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increase environmental awareness about the Laguna de Bay and other aquatic resources in the Province, the Provincial Government must allocate funds for the holding of a yearly whole-day educational and fun activities centered on the need to conserve the environment in the Province with Laguna de Bay as the flagship ecosystem.

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2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 k) j) i) h) f) g) e) d) c) a) b)

ARTICLE XVII SEVEN LAKES OF SAN PABLO CITY

Section 101. Purpose of the Article

This article shall be a special concern and will have specific provisions for the Seven Lakes of San Pablo City. It is hereby assigned for the following purposes:

To develop, utilize and manage lake water resources in a sustainable manner; To protect, restore and rehabilitate lake water resources to maintain continuity of a balance ecosystem; To ensure strict implementation of adequate adaptation and mitigation measures in curbing the probable effects of climate change; To strengthen capabilities of local government authorities, organizations and constituents in protecting, conserving and managing the lake water resources. To manage the seven lakes of San Pablo, the lakesides, the adjoining bodies of lake water and ecosystems, and conserve its biodiversity for the benefit of present and future constituents of the City To establish greenbelts and buffer areas and urban lakeside reserves; To assure a long-term social, economic, and quality of life values the seven lakes restoration will give to the local economies of San Pablo City lakeside communities To support data collection, the use of innovative technology, and evaluation techniques to improve management approaches for achieving rehabilitation, restoration, and management objectives; To improve inter-governmental and unit coordination and public/private partnership in integrated lakeshores and lakes management; To foster public and private sector aquatic ecosystem stewardship and accurate understanding of habitat restoration; To provide future direction for the development and maintenance of San Pablo City lakes and lakeside areas. 92

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l)

To protect and conserve lake resources through pollution control, abatement of destructive fishing practices and over fishing;

m) n)

To strengthen capacity of stakeholders to manage lake resources; To support implementation of international and local agreements on protecting lake biodiversity.

o)

To review, assess, implement and regulate industrial use permits/rights and other interests over lakeshore areas.

p)

To establish a Lake Water Resources Trust Fund for the preservation and conservation of the seven lakes

Section 102. Operative Principles

a)

It is the policy of the city government that lake water resources in the city shall be equitably shared and that no barangay nor any person shall be deprived of safe and clean lake water;

b)

Lake water resources in the city shall be developed, utilized and managed for the primary purpose of (1) satisfying the standards for potable lake water for all and (2) for sustained agricultural production and environmental flow under normal and extreme conditions as in the case of changing climate;

c)

Lake water shall also be developed for the secondary purpose of providing adequate supply to support industrial, recreational and commercial development activities through lake water resources pricing, institution of local lake water pollution control legislation including incentives if deemed appropriate;

d)

The rehabilitation of the seven lakes of San Pablo shall be one of the top development priorities of the City, requiring water quality restored to Class C or better for leisure and recreation and possibly as a source of drinking lake water; this shall be done with the cooperation of all sectors, from public to private, and constituents of the City.

e)

The City Government shall initiate programs and promote involvement of constituents of the City, particularly the youth who shall take on the responsibility

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of maintaining the lakes and the ecosystem in the future and for the next generations. It is the duty of the San Pablo City ENRO to prevent and control the pollution of its lakes such as the dumping of wastes and other matter which create hazards to human health, harm living resources and aquatic life, damage amenities or interference with the legitimate uses of the lakes. (PD No. 979, Sec. 2). Management shall be in accordance with Executive Order 533 or the adoption of integrated coastal management (ICM) as national strategy for the sustainable development of coastal and aquatic environment resources, EO 510 or the rationalization of the management of the country's major river basins; and partly of EO 578 or the national policy on biodiversity.

Section 103. Ecotourism of the Seven Lakes

Ecotourism of the seven lakes will be based on the over-all ecotourism of the Province.

Section 104. Creation of City Lake Water Resources Management Board (CLWRMB)

Within three (3) months upon effectivity of this E-Code, the San Pablo City Mayor shall organize and maintain the continuous and effective operation of a 16-member multisectoral City Lake water Resources Management Board (CLWRMB) to be composed of the San Pablo City Mayor as Chair and representatives from the DENR, NIA, San Pablo City Water District, City Engineers Office, CPDO, PAGASA, DOH, LLDA , PGENRO and BFAR as members, including one representative from nongovernment organizations (farmer sector), one (1) representative from the academe, one (1) representative from the business sector, one (1) representative from industrial sector and one (1) member from the Sangguniang Panlungsod chosen by majority vote. The San Pablo City ENRO shall serve as the permanent Secretariat of the said board. The Board shall be vested with the following duties and responsibilities:

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a)

Establish the number and location of city-wide lake water sampling stations based on proximity to human settlements and possible sources of pollution. The sampling stations shall include lakeshore areas, tributaries, rivers, community deep wells, artesian wells, aquifers, and similar bodies of lake water as determined by the Committee.

b)

Conduct regular sampling and analysis of samples collected using the parameters, standards, and procedures established by national laws. The priority parameters to be measured shall include biological oxygen demand (BOD), total suspended solids (TSS) and coliform count. The LLDA is mandated to carry out water quality analysis. However in the event this is unavailable, the CLWRMB can execute a MOA with LLDA to have the analysis done by a certified laboratory.

c)

To plan or contract out the comprehensive lake use plan (CLaUP) for 6, 18 and 30 year spans patterned after best practices and research on comprehensive land use models for the long term survival, development and growth of the seven lakes and its lakeshores as the CLWRMB sees fit. Review the CLaUP to revise or improve the plan every 6 years.

d)

Publication and release of the monitoring results and CLaUP particularly to the barangays concerned.

e)

Assist national government agencies in the enforcement of anti-pollution laws including PD No. 984, DENR AO No. 34 (Revised Water Usage and Classification Water Quality Criteria) and DENR AO No. 35 (Revised Effluent Regulations of 1990), Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990) and Clean Water Act.

f)

Organize industrial firms and tourism establishments in the city so that they can share lake water pollution reduction techniques, and work as a group with the government and non-governmental organizations on pollution reduction.

g)

Advise the City Government on policy requirements to safeguard lake water resources in the city.

h)

Recommend to the City Government the allocation of the Lake Water Resources Trust Fund as provided under Section 48 of this E-Code.

95

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i)

Prepare and recommend to the San Pablo City Mayor annual work and financial programs and plans for the operation of the Committee.

Section 105. Utilization of Lake Waters

The City of San Pablo shall pursue the following policies and guidelines for proper utilization of lake water. Pursuant to the provisions of the Water Code of the Philippines, utilization of the lake water resources for domestic, agricultural, industrial and the environment shall be allowed PROVIDED it is in consonance with the global and national agenda in the development of lake water. a) Compliance to the EIA process as the prerequisite, rationalized exploitation of all lake water resources through joint venture schemes in all waterworks projects is encouraged. b) Rainwater collection and harvesting system pursuant to EO 774 shall be put in place. In the construction of buildings and dwellings, provisions for rainwater collection system are required. c) Water peddlers, water refilling stations and commercial surface and/or groundwater permittees in the city should maintain the safety and quality of drinking water passed on to consumers. Lake water quality monitoring report should be submitted by the permittees to the San Pablo City ENRO on a regular basis as required. d) The San Pablo City Mayor shall declare priority use and allocate lake water with the advice of the San Pablo City ENRO and other agencies in coordination with the NWRB during critical periods and extreme conditions such as drought, pursuant to the Water Code of the Philippines.

Section 106. Designation of Water Quality Management Area of San Pablo City (WQMASPC).

96

2684 2685 2686 2687 2688 2689 2690 2691 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 2706 2707 2708 2709 2710 2711 2712 2713 c) b) a)

Pursuant to the provision of the Clean Water Act of 2004, the Water Quality Management Area of San Pablo City shall be designated for the purpose of maintaining lake water production, conservation and protection. Strict protection of the WQMASPC shall be implemented such that no activity shall be allowed within the 100 meter radius zone of the WQMASPC. The WQMA designated by the San Pablo City Government shall be delineated together with DENR.

All areas covered by primary and secondary forests that serve as watershed of the water supply of San Pablo City including but not limited to the groundwater resource will be covered by the WQMASPC. The San Pablo City Government shall initiate the formation of Water Quality Management Area for the Seven Lakes in coordination with the Local Government Units of Nagcarlan, Dolores, Rizal, Alaminos and Tiaong to control the cumulative negative impacts of land development, industries and agriculture particularly from livestock and poultry. Water Quality Management Area shall also be delineated for other important watersheds of all water resource of the City. When necessary, peripheral buffer zones shall be established on the strict lake water production area to protect the same from activities that will directly or indirectly harm it; provided, that the establishment of peripheral buffer zones shall be in the same manner as the Sangguniang Panlungsod established the strict lake water production area.

Section 107. Lake Water Quality Management Area Monitoring Plan

The San Pablo City Mayor, together with the concerned national government agencies, local water districts, San Pablo City ENRO, San Pablo CPDO and private sector groups shall formulate a strategic management plan for the San Pablo City watershed. The plan shall include but not limited to the following:

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a)

Inventory and classification of lake water resources in accordance with PD No. 1067 and DENR AO No. 34, Series of 1990 for the purpose of determining appropriate uses, protection measures needed and lake water quality standard to be applied;

b)

Characterization of the status of priority watersheds in terms of water producing capacity, lake water quantity, lake water quality and use;

c)

The measures to be implemented to improve lake water quality and production capacity of the watershed and restore water quality of water resources such as rivers/streams and falls to a state for which they can serve their most beneficial use;

d)

The appropriate institutional arrangements to be established for managing the watershed;

e)

The investment requirement, duration and revenue generating measures to be implemented; and

f)

Appropriate policy incentives and regulations to ensure that the watershed is managed in a sustainable manner.

Section 108. Lake Water Resources Trust Fund

The San Pablo City Mayor shall allocate funds which shall comprise amounts from the operation of lake water utilities by government agencies and instrumentalities also known share of national wealth.

Section 109. Protection of Public Lake Water Infrastructure and Facilities

The City Government shall identify the component watersheds of the WQMABC which are presently supporting inter-municipality and city waterworks and irrigation system as well as those which are potential sites of similar projects, and assist barangays prepare management plans. These watersheds shall be forested when necessary and be ensured that no human activity that will create disturbance shall be allowed. Likewise, the City Engineering Office, in coordination with San Pablo City ENRO shall ensure that

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engineering works and infrastructure projects within the city do not adversely impact on lake water quality and quantity.

Section 110. Drainage and Sewerage Systems

The City Government shall adopt necessary measures to ensure that adequate city and barangay drainage and sewerage systems are established and maintained to prevent the negative effects of all types of effluents on both surface and ground water quality. The City Government through units (City Engineer, San Pablo City ENRO, CPDO) shall establish proper sewerage system as required in the Clean Water Act known as RA 9275.

Section 111. Organic Farming and Soil and Lake Water Conservation

The City Government shall assist barangays in the implementation of community-based forestry projects for the purpose of instituting improved soil and lake water conservation techniques and generate resources to implement the measures. Likewise, the City Government shall promote the application of organic farming techniques among farmers and use all its powers to enforce the laws governing the use of prohibited agricultural chemicals. These organic practices include among others: a) Green manuring by using compost fertilizer and crop rotation to nurture the soil and minimize pests and diseases problems. b) Crop biodiversification in the farms rather than mono-cropping to create a balance ecosystem. c) Enhanced soil aeration, soil and moisture and nutrient balance through appropriate cultivation. d) Pesticide/herbicide-free policy in farming and prohibition of the use of agricultural products containing Persistent Organic Pollutants (POP) listed under the Stockholm Convention.

List of 12 Persistent Organic Pollutants listed under the Stockholm Convention

99

POP Aldrin Dieldrin DDT (pp'- DDT) Endrin Chlordane Hexachloro-benzene (HCB) Mirex Toxaphene Heptachlor Polychlorinated biphenyls (PCB) Polychlorinated dibenzodioxins and dibenzofurans 2774 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784 2785 2786 e)

Cas no. 309-00-2 60-57-1 50-29-3 72-20-8 57-74-9 118-74-1 2385-85 8001-35-2 76-44-8 -

Description Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide, Industrial byproduct Pesticide Pesticide Pesticide Industrial by-product

By-product

In addition, the provincial and city government shall enforce the regulation of Azodirne, a pesticide and endocrine disruptor to a maximum allowable limit of 0.003 mg/L in the sevenlake waters and surrounding watershed.

Section 112. Health and Sanitation Measures

The City Government shall adopt appropriate measures to assist barangays improve environmental sanitation by expanding the use of sanitary toilets. Such assistance shall include direct investments in public health education and strict enforcement of the Building Code among others that maybe needed in the future. The City Government may also provide for sanitary toilets following the ECOSAN waterless design especially for areas with problems on lake water and sewerage system services. 100

2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 2810 2811 2812 2813 2814 2815 2816 2817 b) a) A Seven Lakes Management Committee shall be organized to coordinate efforts and bring together diverse lake and associated interests to create a systems approach for the clean up, restoration of landscapes, and rehabilitation of ecosystem, preservation, and enhancement. The Seven Lakes Management Committee shall consist of the San Pablo City Mayor as chairman and the San Pablo City ENRO as Secretariat, one (1) representative from each of the following, City Engineers Office, CPDO, City 101 Section 115. Rehabilitation and Protection of the Seven Lakes and Other b) a) The City Lake Water Resources Management Board shall take the responsibility of implementing the provisions of this Article in the Code. It shall however, organize a Seven Lakes Management Committee within 6 months upon enactment of this ECode, that shall take on the supervision and coordination of efforts, development and implementation of programs for the management, rehabilitation and maintenance of the Seven Lakes and their ecosystem. The Seven Lakes Management Committee shall be responsible in gathering, conducting and compiling pertinent information regarding the Seven Lakes, adjoining bodies of water, and its ecosystem. The Committee in coordination with other sectors can request or employ the help of other LGUs and/or private sectors if necessary for the gathering of information. All necessary provisions shall be given to the office for the implementation of programs and conduct of researches. Section 114. Institutional Set-up All acts not directly specified shall be guided and referred to related governing National Laws. Section 113. Scope of National Laws

Rivers/Streams under the Jurisdiction of San Pablo City

2818 2819 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 2843 2844 2845 2846 2847 2848 g) f) e) d) c)

Veterinarian, LLDA, Local FARMCs DPWH, DOH, private sector, farmer sector (especially association of swine growers), youth sectors including one representative from each of the City or municipality and council of the barangay along the tributaries; San Pablo City Sanguniang Panlungsod Committee Chairman on Environment, PGENRO, and DENR All sewage and effluent discharges including dumping of solid wastes known to contaminate and/or affect the quality of the tributaries or lake shall be prohibited. The Committee shall take in consideration sources and possible sources of tributaries/lake pollutants and employ all possible ways or solutions to mitigate, if not completely stop, the flow of the pollutants to and from the Seven Lakes and other minor tributaries in the City. Options may include social, engineering, strategic, and technological. The Committee shall be tasked to provide essential information on the water quality of the lake and its tributaries, pollution sources and emission discharges and concentrations, degraded habitat and ecosystem through the San Pablo City ENRO. It shall also determine and implement best management practices for the Seven Lakes wherein the combined resources and capabilities of the public and private sectors are utilized The rehabilitation plans and programs shall be dubbed as Save Seven Lakes with the participation of various stakeholders. The following activities shall be implemented: 1) Launching of a lake clean-up and maintenance by dredging; and removal of oil and grease, solid wastes, and debris and other contaminants by physical, mechanical and biological methods 2) Quarterly monitoring of lake water quality 3) Microwatershed and lakeside tree nurturing 4) Awareness campaign on the importance of lake ecosystem 5) Lakeshore re-planting

Section 116. Regulatory Provisions

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a)

Conservation and Protection of the Seven Lakes. As a landmark of recreational, economic and tourism significance, the carrying capacity of Seven Lakes shall be determined, implemented, managed, and regulated by command and control of the San Pablo City ENRO in consonance with the Provincial Management Board Plan.

b)

Transcending Environmental Boundaries. The City Government shall pursue the path of shared responsibilities of aquatic resources that transcends environmental boundaries. This is consistent with Local Autonomy Constitutional Provision (Article 10 SEC 13) which states that Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

c)

Habitat Restoration and Biodiversity Conservation. In coordination with National Line Agencies (NGAs) and private and civil society stakeholders, community-based habitat restoration and biodiversity conservation areas shall be located, planned and executed such as: lake rehabilitation and protection; bird sanctuary, and other aquatic species identified by updated IUCN Red List as endemic, threatened and endangered.

d) Food Security and Livelihood. The City Government shall ensure the preferential use of aquatic resources for subsistence fishermen as provided for by the 1987 Constitution Art XIII- Social Justice and Human Rights, Section 7, to wit: The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal aquatic and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such aquatic resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in the utilization of aquatic and fishing resources.

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e)

Natural and Human-Made Hazard Management. A Disaster Risk Management Plan for San Pablo City shall be formulated through multi-stakeholder planning process coordinated by the Environmental Safety Division. The plan shall respond to

substance spills, storm, fish kills, recreational accidents and climate change threats to include preventive, precautionary and rescue and relief operations. The plan shall be implemented with, but not limited to the PNP, Bureau of Fire Protection, PGENRO, CDMCC, BFAR, LLDA and other interest groups and agencies.

f)

Heavy Industries. Industries in the lakeshore of the Seven Lakes shall be governed by international agreements and standards and national laws through the national line agencies and the City Government.

g)

Harmful Invasive Species. Control of harmful invasive flora and fauna shall be implemented by the San Pablo City ENRO with the PGENRO, LLDA, and DENR, and BFAR.

Section 117. Prohibited and Punishable Acts

a)

No person shall operate and maintain any collection system, sewage disposal system, treatment facility or wastewater treatment facility unless the same is provided with adequate and effective treatment and covered by a current and valid permit issued by the San Pablo City Mayor.

b)

No industrial, agricultural or domestic sewage shall be discharged into Class AA waters, pursuant to DENR AO No. 34, Series of 1990.

c)

In order to avoid deterioration of the quality of a receiving water body (RWB), no industrial plant or project with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its prescribed lake water quality according to its usage and classification.

d)

No industrial or manufacturing plant shall be operated without control facilities of wastewater treatment system in good order or in proper operation. 104

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e)

No person shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and/or pumps and other unauthorized means.

f)

No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or as stipulated in the permit to operate.

g)

No person shall build, erect, install or use any equipment; contrivance or any means the use of which will conceal and/or dilute effluent discharger and which otherwise constitute a violation of the provisions of this E-Code.

h)

The construction of houses, resorts and other physical structures within the lakeshore or banks of tributaries shall be governed by existing national and local laws. The City Government, within 5 years upon implementation of this E-Code, shall ensure that the lakeshore will be free from man-made structures and other obstructions which do not conform with requirements of the law.

i)

No person shall use any part of a stream, lake, marshland or pond for recreational or commercial purposes without first securing a permit from the Office of the San Pablo City Mayor.

j)

No person shall raise or lower or cause the raising or lowering of the water level of lake or pond, nor drain the same without the necessary government clearances and/or permits.

k)

The construction or setting up of any structure, temporary or otherwise, that would destroy the scenic value of natural waterways or result to the disruption of water flows shall be prohibited.

l)

Dumping of wastes and sediments from commercial, industrial, domestic, mining and quarrying operations, as well as farm water carrying pesticide residues and/or pollutants such as swine or livestock effluents directly to water body, is hereby banned and therefore prohibited.

m)

Spilling, leaking, pumping, pouring, emitting, emptying or dumping oil and gas, and other wastes from any establishment or boat shall be prohibited.

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n)

Fishing using dangerous and possibly harmful and poisonous substances and materials, which can kill off animals and/or destroy aquatic habitat is strictly prohibited. Violators shall be prosecuted.

o)

No person/entity, group or company shall collect, extract and quarry aquatic resources for commercial gain without the necessary permit from the City Government.

p)

The altering, possession, transport, and/or extraction of aquatic products, and other lake resources for commercial gain particularly those under the National List of Threatened Philippine Flora and Fauna and the listed under the IUCN Convention on the International Trade of Endangered Species (CITES) the list of without the necessary permit is hereby prohibited.

q)

No cutting, destroying or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public lakeshores, roads, paths, parks, and school premises or in any other public lakeshore ground shall be permitted, except when the cutting, destroying, or injuring of same is necessary for public safety, or such pruning is necessary to enhance its beauty.

r)

There shall be no cutting of tree(s) on a strip of twenty (20) meters wide along lakeshore areas bordering or traversing land areas. If the said area or strip is already bereft of trees, then said area shall be reforested by trees of known economic value, as well as native to the location, and no one shall make any clearing of that area from thereon.

s)

The unauthorized use of shoreline lands for residential, commercial, recreational or eco-tourism purposes without the necessary permit is hereby prohibited.

t) u)

The unauthorized occupation of lakeshores and protected areas is strictly prohibited. No exotic wildlife flora and fauna shall be introduced nor cultured in the city waters unless a clearance had been issued by the San Pablo City ENRO.

v)

Bio-prospecting may be allowed only if accompanied by the necessary permit/clearance from the San Pablo City ENRO.

w)

Extraction of resources including quarrying, occupation without the necessary permit and any act of destruction, is hereby strictly prohibited.

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Section 118. Fines and Penalties

If the offense is committed by a firm, corporation, partnership or other juridical entity, the chief executive officer, president, general manager or person-in-charge shall be liable for the commission of the offense penalized under this act. The CLWRMB shall have the power and authority to prescribe and impose appropriate fines and penalties for any violations committed under this Article.

107

2980 2981 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 e) d) c) b) a) b) c) d) e)

ARTICLE XVIII ENERGY RESOURCES

Section 119. Purpose of the Articles a) To sustain the three power plants operating in the Province with minimal environmental impacts. To support the development and use of renewable energy source To intensify the use of alternative fuels. To promote energy conservation and efficient utilization of energy resources To ensure participation and commitment of constituents.

Section 120. Operative Principles

Energy independence must be the directive of the Province but guaranteeing environmental protection and not compromising the communities well-being. Development of renewable and cleaner sources of energy shall be intensified to reduce dependency on fossil-fuel use.

Section 121. Regulatory Provisions

The Province shall support the operation of its existing power generation plants, but with the provision of environmental protection in all processes involved. The Province shall promote the harnessing and utilization of applicable renewable energy sources through private sectors investments. The Province shall ensure that all gasoline stations are selling the prescribed blends in accordance with the RA 9367 known as the Biofuel Act of 2006. The PGENRO shall take the lead in providing awareness and training to constituents for the development and application of biogas production technology. The production and use of biogas from swine, poultry and livestock farms shall be imposed by the Province.

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f)

The Province shall support and promote the development and use of biomass briquette technology as substitute for coal and charcoal as fuel source.

g)

In participation to the Natural Gas Vehicle Program for Public of the Department of Energy, the Province shall initiate the commercialization of Compressed Natural Gas (CNG), installation of the stations selling CNG and conversions of public vehicles to operate using (CNG).

h)

The Province shall strictly comply with the Energy Efficiency and Conservation Program prescribed by the Department of Energy especially all Government offices. To enhance implementation, the Province can employ an accredited Energy Service Company (ESCO) to develop, design, install, monitor, measure, maintain and verify energy savings.

i)

The Province shall also arrange and conduct IEC campaign to encourage all constituents to participate in energy conservation such as using LEDs or CFLs instead of incandescent light bulbs, applying green building designs such as skylights that harness natural lighting from the sun and installations that provide natural ventilations. In addition, to increase the support of the private sectors by employing energy efficient practices.

j)

Energy audit shall therefore be implemented to government buildings, industrial and commercial establishments.

Section 122. Prohibited and Punishable Acts

a)

Any actions taken by the power plants, which violate national and local environmental laws, shall deem them liable and may consequently stop their operation.

b)

Any person, group or company found to deceive using any device, scheme or artifice to illegally manipulate energy consumption shall be punished accordingly;

c)

No individual, group or company shall be allowed to sell diluted concentration of fuels.

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d)

Any gasoline station found using or allowing the use of tampered dispensing machines so that the volume of the fuel purchased is not consistent with the amount paid by the client shall be penalized.

e)

Farms that are found without installed biogas digester and/or not utilizing the technology shall be penalized.

f)

Government buildings, industrial and commercial establishments verified not participating in energy conservation shall be reprimanded.

Section 123. Fines and Penalties

Any person who commits any of the prohibited acts provided in the immediately preceding section shall be penalized according to the directive of the Department of Energy, the Department of Trade and Industries and of the LGUs.

If the offense is committed by a firm, corporation, partnership or other juridical entity, the chief executive officer, president, general manager or person-in-charge shall be held liable.

110

3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 Section 125. Operative Principles d) c) b) a) Section 124. Purpose of the Article

ARTICLE XIX MINERAL RESOURCES

To ensure environmental sustainability within the mining, dredging or quarry zone and its site context area in the course of harvesting non-renewable resources; this includes minimizing the effects of mining, dredging or quarrying activities to the degradation of air, water or land quality; To reduce the likelihood of aggravating attendant geohazards, such as susceptibility to landslide, ground subsidence, flooding, among others, within the extraction zone and its site context area; To reduce losses in biodiversity and minimize impacts to visual assets that may be negatively affected by mining, dredging or quarrying activities; and To ensure the rehabilitation of mined out areas after operations have ceased.

The Province host mostly non-metallic mineral resources. Metallic mineral deposits in economic concentrations or commercial quantities are considered unlikely to be found. Volcanic rocks such as basalt, andesite and pyroclastic materials (e.g., scoria or pumice) are good sources of concrete aggregates or construction raw materials. Loose and unconsolidated alluvial deposits occurring along valleys, river beds, streams, lakes and adjoining floodplains are utilized as sand and gravel. Pyroclastic deposits and volcanic cinders are also quarried as abrasive or filling materials. Various types of clays, which are alteration products of volcanic materials, are sources of various industrial minerals. Soil extraction is also a profitable business in several towns and is being done for commercial gardening. These non-renewable resources should be harnessed with sufficient environmental safeguards for environmental sustainability, preservation of visual resources, minimizing negative effects on biodiversity resources, health protection, 111

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prevention of accidents and ensuring commensurate economic gains for the communities within the mining areas and the Province as a whole. Because of the nature of the non-renewable resources within the Province, majority of the mining activities fall under small scale quarrying. Hence, small scale quarrying permit from Province, environmental compliance certificate from DENR Region IV-A and City/Municipal Environmental Certificate from the City/Municipal ENRO must all be secured for such activities. The same is needed for other mining and dredging activities. In addition, towns deemed part of the Laguna de Bay watershed also need to secure permits and clearances from the Laguna Lake Development Authority. The Province recognizes the potential for revenue generation and the livelihood functions of harvesting non-metallic resources. However, because of the pressure from the increasing domestic and external demands for the utilization of non-metallic materials for infrastructure development and industrial raw materials, mining, quarrying or dredging of these resources must be closely monitored. Hence, the regulatory power of the PGENRO is hereby adopted and reaffirmed to minimize losses in public welfare associated with unregulated mining, quarrying or dredging particularly from the adverse effects of soil erosion, water pollution, destruction of heritage items and unique landscapes, diminution of biological diversity, and deterioration of lake fisheries.

Section 126. Scope of Powers The powers of municipal/city governments in respect to the management of mineral resources are provided under Section 26 and Section 27, RA 7160 (consultations and prior consent required), in addition to the powers of the Municipal/City and Provincial Government as provided in Section 17(b) (3) (iii) and Section 138, RA 7160 and Section 43, RA 7942 (Philippine Mining Act of 1995). The Province shall: a) Strictly enforce RA 7076 (Small Scale Mining Law) and PD 1899 (Individual 112

3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 e) d) c) b) c) b)

Application for Small Scale Mining); Regulate and confine soil extraction to private lands and strictly prohibit such activities in major river systems and public lands; and, Promote the use of alternative materials to these non-renewable resources in order to preserve the Provinces reserves and promote the use of environment-friendly technology and practices in harvesting these resources.

Section 127. Regulatory Provisions It shall be unlawful for any person, natural and juridical, to undertake quarrying, mining or dredging without a permit or license duly issued by the Governor or appropriate agency having authority and jurisdiction thereof, PROVIDED that: a) No license, lease, agreement, and/or permit shall be issued by other government agencies or the Governor without the prior area clearance and/or consent of the concerned barangay and municipal officials, as the case may be, pursuant to Section 99a, DAO 23, Series of 1995; Such prior clearance shall not apply to a private land owner who cannot be forced by government or by law, except by eminent domain, to permit entry and quarrying over land, save those defined by laws as protected areas; That mining, quarrying or dredging activities within the Province shall be subject to prior Environmental Impact Assessment, as provided under the Philippine Environmental Assessment System;

Extraction of quarry resources shall only be permitted in identified production rivers that shall be certified by the PGENRO, DENR and DPWH in accordance with technical and environmental considerations; As such, the PGENRO is tasked to accomplish within a period of 1 year from the implementation of this Provincial Environmental Code, to identify and designate production areas within the Province that can be opened up for quarry resource 113

3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 i) h) g) f)

extraction. No extraction or removal of materials shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply, archaeological and historical sites and any public or private works or structures, unless prior area clearance of the agency or owner is obtained; No extraction or removal of materials shall be allowed along streams or rivers within one hundred meters (100 m) from the foot of bridges, roads, buildings and other such infrastructural developments; Small scale quarrying shall only be allowed where there are assurances that: 1. the proposal is limited in visual and auditory intrusion to residents and other stakeholders within the site context area; 2. the development will have limited traffic and road safety impacts; 3. the hours of operation will avoid the most sensitive times for residents and other stakeholders within the site context area; 4. the development will be small scale and in keeping with local character; 5. any machinery that is necessary is limited in extent and size (small scale cutting machines, for example, would be appropriate, but not bulldozers, backhoes and the likes); 6. the product is predominantly for local need and extraction rates are commensurate with such use; 7. the permission is time limited and includes specific and detailed restoration plans.

Subsistence quarrying operators within a Barangay must be limited to a specific number of operators and restricted to a specified maximum volume of extracted materials per period as will be agreed upon by the Barangay Council; Within this scale of quarrying, each operator shall likewise be required to secure a permit from the Barangay Chairman and operations will not be allowed in areas outside those designated as production sites, or within those specified in Articles VI-d to VI-e; 114

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j)

Prior to extraction, all commercial or industrial scale mining, quarrying or dredging operations shall be required to secure business permits from concerned municipalities;

k)

The Province may enter into a Memorandum of Agreement with concerned local government unit providing for direct remittance of the share due the municipality or barangay. Likewise, an excise tax on mineral products as provided for in RA 7729 shall be paid upon removal thereof to the provincial government through the Bureau of Interval Revenue;

Section 128. Quarrying and Mining Operations The PGENRO, through its Mineral and Land Resources Management Division or its division with similar mandate, shall regulate all extractive activities in the Province to ensure that they do not in any way affect or hamper the productivity of adjoining areas. In addition, it shall: a) Facilitate the designation of a unified operation site for mineral processing in consultation with concerned government units and communities; b) Ensure that mining/quarry operators shall set up tailings ponds or silt traps and shall assume full responsibility for the installation of facilities that will completely contain hazardous chemicals or sediments and prevent the contamination of the immediate surrounding ecosystem or silt and clog the surrounding drainage systems (natural streams, rivers or man-made drainage); and c) Pursuant to E.O. 79, the PGENRO is tasked to accomplish within a period of 6 months from the implementation of this E-Code, the certification of protected, ecotourism and other similar areas that shall not be subjected to mining, quarrying or other extractive activities. These zones are as defined in Section 4 of DAO 2012-07 (IRR for EO 79). Section 129. Reversion/rehabilitation of mined-out lands and quarry areas and 115

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promotion of alternative materials a) All individuals, partnerships or corporations engaged in exploration, development and exploitation of natural resources or in the construction of infrastructure projects shall be required to restore or rehabilitate areas subject thereof or affected thereby, to as close as possible to their original conditions, pursuant to PD No. 1198. b) Support should also be provided by the Province to the use of synthetic or other substitute materials, particularly for new buildings, where: 1. there are assurances that the strength and visual characteristics of the finished products used match the vernacular style of the surrounding settlement and would continue to do so after initial weathering, and 2. the environmental footprint of the production of such materials is sustainable and less damaging than quarrying locally for the materials

Section 130. Monitoring of Mining and Quarrying Operations a) A Provincial Multi-partite Monitoring Team for mining projects shall be created within six (6) months upon enactment of this E-Code, to be composed of one (1) representative each from the following: Provincial Government, Municipal/City LGU, Large-Scale Mining Operators, EMB, MGB, Small-scale Mining Operators and NGO. The Governor shall serve as Team Chairman. b) Barangay officials are hereby mandated to monitor small-scale mining, quarrying or dredging operations in their respective areas and shall report directly to the PGENRO. Copies of the report shall also be submitted to the Mayor/s concerned and the DENR. Section 131. Fines and Penalties Violation of Sections 3(b) and 3(b)(i) of this Article is punishable under the provisions of Section 92 of RA 8550, viz: two (2) years to ten (10) years imprisonment and a fine of not less than One Hundred Thousand Pesos (P100,000) to Five Hundred Thousand Pesos 116

3225 3226 3227 3228 3229 3230

(P500,000) or both fine and imprisonment, at the discretion of the court. The substance taken from its aquatic habitat shall be confiscated. Commission of acts prohibited in this Article shall be punished by a fine of P5,000.00 or one (1) year imprisonment or both at the discretion of a court of competent jurisdiction, including the revocation of permits for private business entity/ies involved.

117

3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 a) Section 133. Operative Principles h) g) f) d) e) c) b) a)

ARTICLE XX SUSTAINABLE ENVIRONMENTAL SANITATION

Section 132. Purposes of the Article

Compliance to the writ of continuing mandamus to restore the water quality of Manila Bay; Ensure sustainability through improved access to basic environmental sanitation services; Develop and maintain a clean, safe and pleasant physical environment in all human settlements, schools, workplace, recreational, public market, evacuation center and other public places to promote socially acceptable, healthy, safe and economical well- being of the constituents; Reuse/recycle wastewater and organic waste; Promote reuse-oriented sanitation approaches without compromising health and Safety; Ensure that all households have sanitary toilets and thereby open defecation free barangays; Ensure that sustainable environmental sanitation plan should also be a part of the city/municipal, barangay disaster risk reduction and management strategy; Elimination or reduction of occurrence of acute gastroenteritis and soil transmitted Helminthiasis

To ensure safe and secured environment, the PGENRO shall as much as possible control the exposure of the general public from pathogens and pollutants. In spite of the presence of the Code of Sanitation of the Philippines (PD 856) and its implementing rules and regulations, sanitation issues persist in the Province. The 118

3262 3263 3264 3265 3266 3267 3268 3269 3270 3271 3272 3273 3274 3275 3276 3277 3278 3279 3280 3281 3282 3283 3284 3285 3286 3287 3288 3289 3290 3291 3292 a) f) e) d) c. b. c) a. b)

Province has to comply with the Millennium Development goal number 7 on environmental sustainability. Everyone has the right to sustainable environmental sanitation for protection of public health and human development Advocate the Bellagio Principles for Sustainable Sanitation Human dignity, quality of life and environmental security at household level should be at the center of any sanitation approach; In line with good governance principles, decision making should involve participation of all stakeholders, especially the consumers and providers of services; Waste should be considered a resource, and its management should be holistic and form part of integrated water resources, nutrient flow and waste management processes; The domain in which environmental sanitation problems are resolved should be kept to the minimum practicable size (household, neighborhood, community, town, district, city, watershed); The principles of active community participation, capacity development, economic efficiency, technical flexibility including environmental quality, and feedback shall be the guiding principle for planning and implementation of sustainable environmental sanitation; Treatment of wastes is preferably close to the source of generation.

Section 134. Regulatory Provisions

Provincial

A Provincial Sustainable Environmental Sanitation Board (PSESB) with the Governor as the Chair shall be formed within six (6) months upon enactment of this E-Code, to formulate a Five-Year Sustainable Environmental Sanitation Plan (SESP) and approved by the Sangguniang Panlalawigan to ensure the funding of the program. 119

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b)

The PSESB shall coordinate and review the Municipal/City Five-Year Sustainable Environmental Sanitation Plan. It should formulate guidelines for recognition and provide incentive in terms of grant for city/municipality for innovating and implementing successful and outstanding sustainable environmental sanitation plan.

c)

Facilitate training of provincial, city and municipal staff involved on sustainable environmental sanitation plan and implementation using practical and affordable approaches.

d)

The Provincial Sustainable Sanitation Board shall assist the city or municipality to ensure compliance with the Sanitation Code of 1975 and national sanitation program, monitor and evaluate progress

Municipality/City

a)

The city/municipality shall form within six (6) months upon enactment of this ECode, the Sustainable Environmental Sanitation Board with the Mayor as the Chair to formulate its Five Year Sustainable Environmental Sanitation Plan including septage management plan, continuous information campaign on environmental sanitation, regular inclusion of sustainable environmental sanitation in the annual investment and development plans that are approved by the Sangguniang Bayan/Panglunsod to ensure the funding of the plan. The Board shall draft ordinance or resolution needed in the implementation of the targets for the Sangguniang Bayan/Panglungsod approval. The Board shall assist also in over-all sector monitoring and evaluation of the plan and maintenance of a database.

b)

The Municipalities/Cities shall ensure proper installation and maintenance of adequate and sustainable toilets and hand washing facilities for men, women and disabled persons in public places such as public markets, bus terminals, public parks, public basketball courts or gymnasiums among others. They shall also ensure adequate operation and maintenance of these facilities in public schools and government buildings as provided in the Sanitation Code of 1975.

c)

Municipalities/Cities shall provide a support system for disposing human excreta, household wastewater and refuse. 120

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d)

All houses and buildings shall have an excreta and sewage disposal system as approved by the Sanitation Inspector. Three cell-septic tank with lined walls and flooring must be installed in each household. Public schools must have at least one toilet for every 29 girls and one toilet for 49 boys as provided in the 1976 Sanitation Code of the Philippines with enough water for flushing the toilet. Public schools use as evacuation centers during calamities must have more toilet facilities, water tank for domestic use and garbage disposal facilities.

e)

The Sanitation Engineer or its equivalent in coordination with the MENRO/City ENRO shall be responsible for the implementation of the local sustainable environmental sanitation plans and programs.

f)

The municipal/city engineer should ensure that appropriate sustainable environmental sanitation systems are adequately provided for all its housing, commercial, business, industrial, recreational, educational and other types of establishments. The contractor of building construction must not pour concrete for the cover of the septic tank without the presence of the city/municipal sanitary engineer to ensure the approved design is followed.

g)

The city, municipal Sustainable Sanitation Board shall develop incentive schemes to make sure that all households should have their own sanitary toilet facilities within a reasonable time frame as indicated in their sustainable environmental sanitation plan.

h)

The Local Water Districts, Domestic Water Service Providers and Municipal Waterworks and Sewerage Office shall be required to establish septage management system, provide bi-annual clean-up of the septic tank of each household in the short terms and sewerage system in the medium term.

i)

The City/ Municipal Health Office, ENRO, Engineer Office, Barangay LGU and Barangay Health Workers shall conduct continuous information campaign to their constituents and households on environmental sanitation, hygiene and heath improvement. They shall conduct demonstration project on appropriate toilet facilities for the households along the lakeshore, flood prone areas or in economically depressed areas.

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j)

Cities/municipalities must maintain the highest standard of sanitation in the operations of slaughterhouses to ensure clean and safe meat products for the consumers. Recreation and wellness facilities, hotels, motels, resorts, food service, public market, academic institutions, small and medium enterprises as well as transport system and other establishment as provided in the Code on Sanitation of the Philippines (PD No. 856)

k)

Every person who wants to use the public toilet within the public market shall pay a corresponding amount to sustain the maintenance of clean and sanitary public toilets.

Section 135. Punishable and Prohibited Act

a)

Any individual who defecates anywhere or household disposing fresh faeces into the waterway or commit unsanitary behavior that affect public health like urinating on the sidewalk shall be penalized.

b)

Stray dogs and domesticated animals shall be impounded by the city, municipal or barangay LGU and owners shall be penalized.

c)

Market stall owners not complying with public market sanitation ordinance shall be penalized.

Section 136. Fines and Penalties Any person who urinates and defecates in public places or households disposing fresh faeces into the waterway including non-compliance with the sanitation standards of PD No. 856 shall be fined an amount of P500 for first offense, Php 1000 for second offense and P 2000 for third offense or equivalent to man-day of public work as prescribed in the city/municipal ordinance.

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3382 3383 3384 3385 3386 3387 3388 3389 3390 3391 3392 3393 3394 3395 3396 3397 3398 3399 3400 3401 3402 3403 3404 3405 3406 3407 3408 3409 3410 d) c) b) a) Section 138. Operative Principles a)

ARTICLE XXI GREEN CREDITS AND TAX INCENTIVES

Section 137. Purpose of this Article.

To govern the promotion of tax incentives related to the institutionalization of green credits, environmental strategies and innovations among registered enterprises in the Province of Laguna.

The development of the economy of the Province shall be pursued with due respect to the limits of the natural environmental systems.

The Province provides and support private sector investments on green technologies and improved environmental performance and management systems.

The Province shall provide fiscal and non-fiscal incentives to enjoin private sectors engagement in environmental management by adhering to global standards and in implementing technologies in adherence to the principles of sustainable development.

The Province shall institutionalize and administer a clear merit and performancebased incentive system to registered enterprises.

Section 139. Incentives to Registered Enterprises

The Province shall grant incentives on environmental performance and operations among registered enterprises and recognized entities, such as but not limited to the following, 123

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subject to the following set of qualifications and criteria:

a)

Environmental Business Tax Holiday (Envi-IBH) -Registered enterprises shall be entitled to business tax holidays under the following categories:

1. Category A - All enterprises listed in the Companies of Good Environmental Standing under the Large-Scale and Manufacturing Sector awarded with ISO certification, operating in the Province of Laguna for at least 3 years, shall be entitled to three (3) business tax holidays. 2. Category B - All enterprises listed in the Companies of Good Environmental Standing under the Small-and-Medium Enterprises Sector, operating in the Province of Laguna for at least 3 years, shall be entitled to two (2) income tax holidays. b) Environmentally- Sound Capital Equipment Incentives (Envi-CEI)-Registered enterprises availing state-of-the-art and environmentally sound capital equipment technologies and facilities could apply for financial incentives. Installations of pollution abatement and control including consignment thereof by registered enterprises shall be exempt to the extent of one hundred percent (100%) for the period of two (2) years starting from the date of issuance.

Section 140. Qualifications of a Registered Enterprise

To be entitled for incentives, an applicant must satisfy the following conditions:

a)

A corporation or partnership or any other entity organized under existing Philippine laws compliant with all the qualifications provided under this E-Code;

b)

That the activity is not reserved by the Constitution solely for Philippine citizens or corporation owned and controlled by the Filipino citizen such as the operation of public utilities. 124

3442 3443 3444 3445 3446 3447 3448 3449 3450 3451 3452 3453 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 3468 3469 3470 3471 3472 Section 144. Approval and Registration Procedures 125 a) b) c) d) Environmental Impact Assessment (EIA) report of the registered enterprise Pertinent reports and assessments supporting the applied incentive category; Information detailing the company/registered enterprises; Such other criteria as the Office of the Governor may determine. The following criteria will be considered in the evaluation of applications for registration under a preferred area: Section 143. Criteria Evaluation of Application All applications and their supporting documents filed under this E-Code shall be confidential 'and shall not be disclosed to any person except with the consent of the applicant or upon an order of a court of competent jurisdiction. Applications for inclusion of the Companies/Enterprises of Good Environmental Standing shall be filed with the Office of the Governor or designated office which shall be recorded in a registration book and stamped on the date of application for official acceptance. . Section 142. Application The Province shall be responsible for the design, implementation and administration of the incentives granted to the registered enterprises. Section 141. Administration and Implementation of Incentives

3473 3474 3475 3476 3477 3478 3479 3480 3481 3482 3483 3484 3485 3486 3487 3488 3489 3490 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 126 The Province may impose a cap on the total amount of incentives that may be availed of by a registered enterprise within a given year. Section 146. Capping of Incentives A registered enterprise under this E-Code shall be issued a Certificate of Good Environmental Standing under the seal of the Province of Laguna and the signature of the Honorable Governor and/ or such other officer or duly authorized employee of the Office of the Governor as it may empower and designate for the purpose. The certificate shall be in such form and style as the Office of the Governor may determine and shall state, among other matters: a) b) c) The name of the registered enterprise; The incentive category in which the registered enterprise has been included; and The other terms and conditions to be assessed by the registered enterprise by virtue of the registration. Section 145. Certificate of Good Environmental Standing Applications filed shall be considered automatically approved if not acted upon by the Office of the Governor within forty-five (45) working days from official acceptance thereof. Deferment by the Office of the Governor shall be considered as an official action; provided that the Office of Governor may defer action to a specific application not more than twice; and provided finally that the Office of the Governor shall act upon the application within ten (10) working days from compliance with the cause of the last deferment. The Province is authorized to adopt rules and regulations to facilitate action on applications filed with it; prescribed criteria for the evaluation of several applications; and, devise standard forms for the use of applicants.

3504 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 c) a) b) Cleanest and greenest local government units and barangays in the Province; Cleanest and greenest academic institutions in the Province: elementary, secondary and tertiary levels; Cleanest and greenest business enterprises in the Province of Laguna for categories: 127 The Province may grant special awards of recognition on special exemplary environmental performance to individuals and organizations that may not be covered herein within what has been outlined in this E-Code, set the corresponding evaluation criteria herein including the holding of appropriate forum for the awarding and recognition process. These could include, but not limited to the following: Section 150. Giving of Special Incentives and Awards The Province has the authority to set additional incentives on good environmental performance and operations, to set selection criteria and administration schemes, and impose schedule of financial or non-financial rewards. Section 149. Setting of Other Environmental Incentives Registered enterprises may not enjoy the herein incentives for the period of more than six (6) years. Section 148. Duration of Incentives The availment period of the incentives provided herein may be extended by the Office of the Governor in the event that the registered enterprise has suffered operational force majeure that has impaired its viability. Section 147. Extension of Period of Availments

3535 3536 3537 3538 3539 3540 3541 3542 3543 e) d)

industrial,

tourism,

SMEs,

agricultural

enterprises,

financial

and

other

organizations; Environmental leaders of the Province distinction awarded to individuals who have shown exemplary environmental leadership in the Province for categories: youth, professionals, community leaders, government employees, private employees, etc. Other categories that would be determined by the SanguniangPanlalawigan and/or the Office of the Governor.

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3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 3557 3558 3559 3560 3561 3562 3563 3564 3565 3566 3567 3568 3569 3570 3571 3572 3573 c) b) a) Section 152. Operative Principle d) c) b)

ARTICLE XXII CLIMATE CHANGE, DISASTER RISK REDUCTION AND MANAGEMENT, AND EVACUATION PLAN/CENTERS

Section 151. Purpose of the Article a) To enhance the preparedness of the Province of Laguna towards disaster risk reduction and management (DRRM) and Climate Change Adaptation (CCA); To mainstream DRRM and CCA in local plans and decision-making process in the Province; To implement the Provincial Disaster Risk Reduction and Management Plan (PDRRMP) in terms of disaster prevention and mitigation, preparedness, response, and rehabilitation and recovery measures for any unanticipated effects of destructive natural or human-induced processes; and To ensure safer, adaptive and resilient communities in Laguna towards sustainable development.

The adoption of RA 10121 otherwise known as the Disaster Risk Reduction and Management Act of 2010, using holistic, comprehensive, integrated and proactive DRRM approach will lessen the socio-economic and environmental impacts of disasters including climate change coupled with participation community involvement and participation of all sectors, stakeholders and local community. The Province recognizes the concerted capacity and collaborative efforts among local government units (LGUs) and multi-stakeholder towards DRRM and CCA in the Province. Hence, provision of maximum assistance and support during any emergency in the Province to the utmost of its resources. The creation of Provincial Disaster Risk Reduction and Management Council (PDRRMC) and Municipal/Community Disaster Risk Reduction and Management Council (M/CDRRMC) will strengthen the DRRM and CCA programs towards 129

3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 f) e) d) c) b) a) d)

securityof the constituents against unforeseen phenomenon or hazards related to climate change.The functional relationship between PDRRMC and M/CDRRMC will be the key in mainstreaming DRRM and CCA in local plans and decisionmaking process. The capacity building of the community will increase the resiliency to disaster and enhance their adaptive capacity to the effects of climate change and become less vulnerable. Also, the continuous IEC, trainings, seminars and exercise drills among LGUs and communities are the means in capacitating these key actors in times of calamities and environmental adaptation.

Section 153. Regulatory Provision

The PDRRMO shall perform the following duties as stipulated in Section 4, Rule 6 of IRR of RA 10121, given the emerging challenges brought by disasters:

Set the direction, development, implementation and coordination of disaster risk management programs within their territorial jurisdiction; Design, program, and coordinate disaster risk reduction and management activities consistent with the National Councils standards and guidelines; Facilitate and support risk assessments and contingency planning activities at the local level; Consolidate local disaster risk information which includes natural hazards, vulnerabilities, and climate change risk, and maintain a local risk map; Organize and conduct training, orientation, and knowledge management activities on disaster risk reduction and management at the local level; Operate a multi-hazard early warning system, link to disaster risk reduction to provide accurate and timely advice to national or local emergency response organizations and to the general public through diverse mass media, particularly radio, landline communication, and technologies for Communication within rural communities;

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g)

Formulate and implement a comprehensive and integrated LDRRMP in accordance with the national, regional and provincial framework, and policies on disaster risk reduction in close coordination with the local developments council (LDCs);

h)

Prepare and submit to the local Sanggunian through the LDRRMC and the LDC the annual LDRRMO plan and budget, the proposed programming of the LDRRMF, other dedicated disaster risk reduction and management resources, and other regular funding source/s and budgetary support of the LDRRMO/BDRRMC;

i)

Conduct continuous disaster monitoring and mobilize instrumentalities and entities or the LGUs, CSOs, private groups and organize volunteers, to utilize their facilities and resources for the protection and preservation of life and properties during emergencies in accordance with existing policies and procedures;

j)

Identify, assess and manage the hazards vulnerabilities and risk that may occur in their locality;

k)

Disseminate information and raise public awareness about those hazards, vulnerabilities and risks, their nature, effects, early warning signs and countermeasures;

l) m)

Identify and implement cost effective risk reduction measures/strategies; Maintain a database of human resource, equipment, directories, and location of critical infrastructures and their capacities such as hospitals and evacuation centers;

n)

Develop, strengthen and operationalize mechanisms for partnership or networking with the private sector, CS0s, and volunteer groups;

o)

Take all necessary steps on a continuing basis to maintain, provide or arrange the provision of or to otherwise make available, suitably-trained and competent personnel for effective civil defense and disaster risk reduction and management in its area;

p)

Organize, train, equip and supervise the local emergency response team and the ACDVs, ensuring that humanitarian aide workers are equipped with basic skills to assist mothers to breastfeed;

q)

Response to and manage the adverse effects of emergencies and carry out recovery activities in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children, 131

3635 3636 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 3660 3661 3662 3663 3664 3665 z) y) x) w) v) s) t) u) r)

endeavor to create a special place where internally-displaced mothers and children can find help with breastfeeding, feed and care for their babies and give support to each other; Within its area, promote and raise public awareness of and compliance with the Act and legislative provisions relevant to the purpose of the Act; Serve as the secretariat and executive arm of the LDRRMC; Coordinate other disaster risk reduction and management activities; Establish linkage/network with other LGUs for disaster risk reduction and emergency response purposes; Recommend through the LDRRMC the enactment of local ordinances consistent with the requirements of this Act; Implement policies, approved plans and programs of the LDRRMC consistent with the requirements of this Act; Establish a Provincial / City / Municipal / Barangay Disaster Risk Reduction and Management Operations Center; Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of the LDRRMF and other dedicated disaster risk reduction and management resources to the local Commission on Audit (COA); for provincial / city level and internal audit for municipal and component city level, copy furnished the regional director of the OCD and the Local Government Operation Officer of the DILG; and Act on other functions that maybe authorized by the LDRRMC.

Section 154. Institutional Set-up In line with the provisions of the PDRRMP, it shall be composed of the following members: 1. The Governor will serve as chairman of the council and shall: a) Coordinate on the provincial level, the activities of the various agencies and instrumentalities of the national and local government, private institutions and other relevant organizations to implement the policies set by National and Regional DRRMC as related to disaster management; 132

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b) Convene the council as often as necessary to effectively coordinate provincial efforts on disaster preparedness and response, emergency operations, relief and rehabilitation activities; c) Call on heads of office of the government and private sector assigned in the Province for assistance in preparing for, reacting to and recovering from the effects of civil contingencies; and d) Prepare and disseminate disaster risk reduction and management/control manuals and other publications related to measures on disaster control, prevention and mitigation.

2. There shall be three staff elements, namely: a) Intelligence and Disaster Unit (IDU) This unit evaluates disaster situations, determine courses of action to follow in times of emergency and formulate guidelines in evaluating disaster situations.

The following are the members of this unit: Department of Interior and Local Government (DILG) Office of the Provincial Planning and Development Council (PPDC) Provincial Engineering Office Provincial Budget Office Philippine National Police (PNP)

IDU shall perform the following: i. Evaluate warning information issued by relevant national government agencies and advice the members of the PDCC on impending disasters; ii. Make recommendations on how to prepare for and prevent disasters, if possible and suggest precautionary measures to minimize the effects of such disasters; iii. Submit recommendations for allocations of needed resources; and 133

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iv.

Prepare appropriate recommendations to proper authorities for possible declarations of the existence of the state of calamity in affected areas. These recommendations shall serve as basis for request in the release of Calamity Funds to ameliorate the sufferings of disaster victims.

b) Plans and Operations Unit (POU)

The members of this unit are the following: Provincial Social Welfare and Development Office Office of the Provincial Veterinarian Department of Education Office of the Provincial Agriculture

The tasks of POU shall be the following: i. Determines the courses of action to be taken on the recommendations of the IDU; ii. Determines the type of number operating teams to be utilized in the disaster area; iii. iv. Recommends implementation of the existing plans; Maintains and/or supervises the programs of operations and the necessity of utilizing additional teams; and v. Prepares appropriate reports upon termination of Disaster Operations

c) Resource Unit (RU) This unit shall be composed of the following members: Provincial Health Office Provincial Engineering Office Office of the Provincial Agriculture Office of the Provincial Veterinarian

RU shall be designated to perform the following: 134

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i.

Undertakes a survey of urgent items needed in helping the victims/ sufferers of disaster/calamities as well as gather the necessary statistics on resources such as: a. Foods rice, corn, meat, vegetables, fish, softdrinks, and other grocery items b. Clothing clothing materials and footwear c. Construction Materials cement, lumber, roofing materials and hardware d. Medical supplies medicines e. Transportation government and private vehicles available f. Other rehabilitation items seeds, planting materials, pesticides, fertilizers, livestock and fingerlings.

ii.

It shall have the continuing task of updating its data and shall furnish it to all concern for ready reference and guidance.

Section 155. Mainstreaming CCA and DRRM In consideration of the climate models that forecast significant changes in precipitation levels by 2020 and 2050, the following adaptation and mitigation measures must be considered by the Province: a) Building/infrastructure locations and designs 1. Construction of new buildings within flood-prone zones, particularly along lakeshore areas, must be limited, if not totally discouraged; 2. Concrete steps must be taken to declare perennially flooded areas as no-build zones; these areas should be developed for and allocated to agricultural purposes; 3. Building designs for structures to be located within or close to floodprone areas must take into consideration changes in precipitation as modeled by the PAGASA for the years 2020 and 2050; These designs may include the use of ramps, stilts that should be able to withstand torrential waters, etc.;

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4. Steps must be taken to climate-proof community nerve centers, such as Municipal/Barangay Halls, schools, health centers, fire department, etc.; this may include relocation or redesigning of these structures; 5. Infrastructural projects, particularly road and canal designs must take into account the projected increases in precipitation due to changing climatic conditions; runoff values calculated from the climate models of PAGASA should be utilized in the design considerations; 6. Each lakeshore municipality/city must identify and establish an evacuation center, preferably at an elevated area within their town/city, where an elevated helipad or anchorage should be built as the Disaster Management Operations Center; This center must be strategically located so as to be able to efficiently service affected residents during flood events; 7. Each upland municipality/city must maintain a cleared area that should be accessible to airlift rescue vehicles for use during times of disasters; this area or helipad should be within or proximal to disaster-prone zones so as to allow for fast and efficient service transmittal during times of disasters; 8. Communities located in flood and landslide-prone areas must be equipped with sufficient early warning systems (EWS) or they must be linked with agencies that can provide the community early warnings.

b) Manpower development 1. The Barangay Environmental Office/Committee must be provided an enabling environment to formulate a local CCA/DRRM plan; 2. The Province, through the PDRRMC must conduct yearly informationeducation campaigns and trainings to ensure that communities, particularly those in hazard-prone areas, are kept aware and frequently reminded of the attendant hazards in their localities and how they can best deal with their situations;

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3. The Province must distribute Geohazard maps generated by the DENR-MGB to the respective Barangays, whether a request for its acquisition had been submitted or not and an IEC must be conducted during its turn over to ensure that the recipients are able to understand and appreciate its contents; 4. Within six (6) months from the enactment of this Environmental Code, every barangay in the Province of Laguna must submit a Barangay DRRM plan, including the structure and names of the respective officials and their functions. 5. Work/industry-related hazards: i. Concrete rules must be put in place by individual companies/industries to reduce chemical toxicity, as related to both the extent of exposure and inherent toxicity of a substance. The use of PPE, fumehoods, proper ventilation, and appropriate engineering designs must be required for industries dealing with toxic materials. Implementation of chemical compatibility guidelines must be strictly followed to avoid occurrences of fires and poisoning. Laboratory chemical storage must be designed using guidelines set by the National Research Council, 2011; ii. In case of spillage of chemicals, quick response by the responsible entity/company must be done. Toxins must be contained through the use of appropriate methods and materials within the shortest time possible and with the least amount of spatial disruption.

Section 156. Prohibited and Punishable Acts

a) The destruction, vandalism or theft of publicly-owned weather monitoring devices and early warning devices/systems is considered a criminal offense;

b) Stiff penalties will also be imposed on entities involved in the resale of stolen equipment or its parts, pursuant to P.D. 1612 Anti-fencing Law of 1979.

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Section 157. Fines and Penalties Penalties stipulated in Republic Act No. 10121, also known as "an act strengthening the Philippine Disaster Risk Reduction and Management System shall apply.

138

3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 c) The Environmental Impact Statement System in the Philippines was established by P.D. 1586 in 1977. The law states, It is hereby declared the policy of the state to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection. P.D. 1586 (1977), declared, There is hereby 139 b) An environmental impact assessment is a study of the probable changes in the various biophysical and socioeconomic characteristics of the environment which may result from a proposed or impending action. The proposed action may be a development policy, plan, program, project or any legislative proposal. Section 159. Operative Principles a) Any effort by man to support his existence and reproduction requires the use of natural resources. Through his labor and technology, he transforms nature taking the products of nature and processes them into a socially useful form. Throughout the whole process of production to consumption, material and energy flow pass through the various stages of development in which each stage can create impacts on environment. EIA is designed to anticipate these impacts and acts on them before they occur. Prevention is better than cure. c) d) a) b) To describe the nature of environmental impact assessment (EIA); To highlight the importance of environmental impact assessment as an aid in decision- making and formulation of development actions; To present EIA as an instrument for sustainable development; To cite and explain the legal basis and the administrative structure of the EIS System in the Philippines; Section 158. Purpose of the Article ARTICLE XXIII ENVIRONMENTAL IMPACT ASSESSMENT

3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883
b) a)

established an Environmental Impact Statement System founded and based on the environmental Impact statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government owned or controlled corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment.

d)

The implementing rules and regulations (IRR) for P.D. 1586 are specified in the Presidential Proclamation 2146 (1982) which described critical projects and areas that fall within the EIS System.

e)

EIA aims to enhance the positive change (beneficial effects), and minimizes or avoid negative change (adverse effects) of development projects through various mitigating measures.

f)

The EIS System in the Philippines is administered by the DENR through the Environmental Management Bureau which is a line agency.

Section 160. Regulatory Provisions

Under RA 7160 (Local Gov. Code), the local government units are mandated to share with the National government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction, and subject to the provisions of this E-Code and national policies. The law assigned this responsibility to the environment and natural resources officers: PENRO and MENRO for the Province and municipalities, respectively.

On top of their functions as described in Section 484 of RA 7160, the environment and natural resources officers shall enforce the following environmental and social safeguards to protect the environment, especially Laguna de Bay and the Seven Lakes of San Pablo whose watersheds cover the whole Laguna Province:
1. There shall be a moratorium on reclamation of Laguna lakeshore and other lakeshores in the Province.

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3884 3885 3886 3887 3888 3889 3890 3891 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 j) i) h) g) f) e) d) c)

2.

Small scale poultry and piggery farms shall provide waste disposal facilities.

Quarrying of sand and gravel on creeks and small streams near the bridge, roads and buildings shall not be allowed.

No buildings, cottages, small huts or rest houses shall be put up on top of creeks and streams and on slopes greater than 30% in public lands.

No buildings shall be allowed to rise on riparian zones.

Soil erosion must be avoided or minimized in any construction works such as roads and subdivisions by putting up silt and sediment traps along the slopes.

Gazoline stations and carwash establishments shall minimize polluting waterways.

Heavily smoke belching vehicles, including tricycles, shall not be allowed on streets and roads.

Cut flower growers shall minimize the use of insecticides.

No residential houses, huts or dwelling place shall be established with out toilets.

1. In exercising this responsibility, the environment and natural resources officers shall also protect environmentally critical areas as defined in Presidential Proclamation 2146 (1982).

Section 161. Prohibited and Punishable Acts Any act which violates the environmental safeguards cited in Section 3 above will be punishable.

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Section 162. Fines and Penalties

Any person who violates any provision of this article shall be penalized with a fine of Php 1,500.00 or equivalent community environmental work for the first offense; Php 3,000.00 or equivalent community environmental work for the second offense; and Php 5,000.00 for the third and each succeeding offense or imprisonment of not more than one (1) year or both, at the discretion of the Court for each succeeding offense. If the violator is a firm, corporation or partnership, the manager or person-in-charge shall be held liable

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3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 3944 3945 3946 3947 3948 3949 3950 3951 3952 3953 3954 3955 a) Section 165. d) c) b) a) b) a) Section 163.

ARTICLE XXIV ENVIRONMENTAL MANAGEMENT SYSTEM

Purpose of the Article

To promote sound stewardship strategies for the management of the environment that is within the sustainable development framework of the Province among the local government officials and employees, private sectors, non-government organizations, industries, business sector, academe, youth sector, farmers, and fisher folks among others; To ensure environmental compliance and improve local and global competitiveness of businesses, services, Province; agricultural, commercial and industrial sectors of the

Section 164. Operative Principles

Environmental Management System (EMS) based on ISO 14001 improves environmental performance and compliance to various regulations increasing global competitiveness of business and industrial sectors. EMS integrates energy and environmental considerations in day-to-day and long term planning of the enterprises. EMS improves environmental image of industries, business and tourism sectors that will attract more investors to locate in the Province. Greening of the supply chain of major business, industry and tourism sectors will make their products and services globally competitive.

Regulatory Provisions

The Province of Laguna shall incorporate environmental concerns in the Province policy decisions, plans and programs,

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b)

The Province shall institute mechanisms that will promote pollution prevention, cleaner production, and resource conservation, and continually improve its environmental performance to attain sustainable economic development policy.

c)

The Province shall require all small and medium export enterprises with ECC to develop functional EMS based on ISO 14001 to ensure continuous improvement in their environmental performance.

d)

Small and medium industries and businesses that are exempted from ECC shall be required to develop and implement EMS addressing the major significant aspects of the activities in the enterprises.

e)

The Province shall require all industries, small and medium enterprises, commercial establishments, businesses, peoples organizations, municipal/city government offices, national offices and academes located in the Province to include advocacy campaign for environmental protection and sustainable development in their plans and programs. This shall be reflected in their respective office budgets.

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ARTICLE XXV ENVIRONMENTAL INFORMATION AND EDUCATION

Section 166. Purpose of the Article

To guide PGENRO Environmental Education and Information, Research and Development Section in the performance of the following functions: a) Develop and undertake formal and non-formal programs to raise awareness, knowledge and practice, as well as promote positive behavioral changes, commitments, and active community participation in matters concerning the environment, climate change and disaster risk reduction and management; Document, evaluate, and disseminate environmental information through wide use of multiple media as required, accessible and available to include print, radio, television, multimedia, social media, cellular phone text messages and other forms of information technologies; Link, share, coordinate and maintain environmental information among communities, industries, religious sectors, private and public sectors and the civil society groups from either local, national, regional or international; Promote and implement the Provinces 4Rs (reduce, reuse, recycle, and redesign); in which redesign pertains to an overall change in outlook, management, structure, and governance that lean toward a more environmentally concerned attitude. Advocate a pro-active stance in disaster mitigation and adaptation thru IEC campaigns.

Section 167. Formal and Non-formal Education

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In coordination with the Department of Education (DepEd) elementary, secondary and tertiary, environmental education curriculum shall be integrated in the curriculum both by inclusion and infusion in both formal and non-formal education.

Section 168. Innovative Environmental Education Programs

Innovative environmental education programs for specific sectors, gender and ages shall be promoted and pursued by the PGENRO, to include but not limited to, ecological camps, field trips, exchange programs, lectures, environmental summit, online hotlines, tree-planting, adopt-a-watershed, clean-up drives, evacuation drills and others. The Provincial Government through the Department of Education shall initiate the inclusion of pertinent environmental topics into the curriculum of basic and secondary public schools. This shall include relevant topics about climate change, disaster risk reduction and management, organic agriculture, and environmental conservation and protection.

Section 169. Broadcast, Print, Social Media, Cellular, and Multimedia including Community Cable TVs.

The PGENRO shall develop and maintain environmental broadcast program, newsletter and press releases, official social media accounts, official cellular phone number, a website, warning and emergency system and a communication protocol for disaster risk reduction and management. The PGENRO shall also coordinate with the Provincial Public Information Office in utilizing the provincial media services like radio programs, cable TV channels, cellular phones, official social media accounts and the Provinces official website (www.laguna.gov.ph) to disseminate current and important information about the provincial and its offices. Different divisions and offices of Provincial Government of Laguna shall provide updates on their activities, programs and issues, which will be put up in the official website and social media accounts for public viewing. All pertinent information such as names of officials, employees and contact lines/address 146

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shall be put up for easy access and identification. The Provinces official website and social media accounts shall be fully utilized; and a social media site can also be established and maintained to hear comments, reports, and opinions from Laguna constituents. This will encourage citizens from Laguna to interact and voice out their opinions. The Province shall encourage the use of the website and social media accounts by advertising it to the people. In light of this, a larger server shall be bought to accommodate more data and features into the website and social media accounts.

Section 170. Billboards, Signages, Bumper Stickers and Outboard Plates

Billboards and signages shall be erected in safe and strategic locations around the Province while community cable TVs will run environmental messages at least once a day. Public utility land vehicles shall be required by the PGENRO bumper stickers that carry environmental messages. Outboard plates of vessels navigating the Laguna Lake shall also carry environmental messages.

Section 171. State of the Laguna Provincial Environment Address.

The Provincial Governor in coordination with the PGENRO shall deliver yearly and publicly the Laguna Province State of Environment Address using broadcast, television, print, social media and other multimedia.

Section 172. Sectoral Environmental Education and Information Training Program

The PGENRO shall integrate, draft, formulate and extend environmental concerns and education and information by specific sector for increased appreciation of the need to appreciate environmental concerns related to work, business, recreation, tourism and lifestyle.

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Legal Appendices

Section 1, Article 1 and Section 16, Article II of the 1987 Philippine Constitution RA 3571 (Tree Cutting Ban) RA 3931 (Pollution Control Law) RA 4846 (Cultural Properties Preservation and Protection Act) RA 4850 (Laguna Lake Development Authority) RA 6967 (Makiling declaration as training and research lab) RA 6969 (Toxic and Hazardous Waste Management Act of 1990) RA 7076 (Small Scale Mining Act) RA 7160 (Local Government Code of the Philippines of 1991) RA 7586 (National Integrated Protected Areas System Act of 1992) RA 7942 (Mining Act of 1995) RA 8041 (National Water Crisis Act) RA 8550 (Fishery Code of 1998) RA 8749 (Clean Air Act of 1999) RA 9003 (Ecological Solid Waste Management Act of 2000) RA 9147 (Wildlife Protection Act of 2007) RA 9175 (Chainsaw Act of 2002) RA 9275 (Clean Water Act of 2004) RA 9541 (Fire Code of the Philippines) RA 9847 (Mt. Banahaw San Cristobal Protected Landscape Act) RA 10066 (National Cultural Heritage Act of 2009 RA 10121(DRRM Act of 2010) BP 265 (Beach Gravel and Sand Banning Law) PD 330 (Log ban) PD 374 (Amending the Cultural Properties Preservation and Protection Act) PD 389 (Forestry Reform Code of the Philippines) PD 441 (Declaring Mt. Banahaw and San Cristobal as a Protected Area) PD 705 (Revised Forestry Reform Code of the Philippines) PD 825 (Garbage Disposal Code) 148

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PD 856 (Sanitation Code of the Philippine) PD 953 (Mandatory Tree Planting) PD 979 (Marine Pollution Decree) PD 984 (Pollution Control Law) PD 1067 (Philippine Water Code) PD1151 (Philippine Environment Policy PD 1152 (Philippine Environmental Code) PD 1096 (National Building Code) PD 1586 (Philippine EIS System) PD 1612 (Anti Fencing Law) EO 79 (Philippine Mining Sector Reform) EO 120 (Formulation of Strategies for Biodiversity Conservation) EO 111 (Ecotourism as developmental model for development of ecologically fragile ecosystems) EO 247 (Framework for Protection of Biological and Genetic Resources) EO 349 (Adopting the Makiling Forest Reserce and the Laguna de Bay) EO 510 (rationalization of management of the countrys major river basins) EO 533 (ICM as a national strategy) EO 578 (National Policy on Biodiversity) EO 774 (PTFCC reorganization) DENR Resolution No. 72 series of 2005 DENR MO No. 13 (Establishment of Forest/Tree Parks in Cities) DENR MO No. 2010-04 (Department Mining Tenement System Reform) DENR AO No. 04-32 (Guidelines on Management of Community-based Programs) DENR AO 30-92 (Devolution of responsibility of maintaining parks to LGUs DENR AO 2010-08 (IRR of Mining Act of 1995) DENR AO No. 35 (Revised Effluent Regulations of 1990) DENR MO No. 2012-02 (Uniform Replacement Ratio for Cut or Relocated Trees) DOH AO 2010-0021 (Sustainable Sanitation as a National Policy and national Priority Program of the Dept. of Health DOH AO 2007-0012 (Philippine National Standards for Drinking Water) 149

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DOE Guidelines on Energy Conserving Design of Buildings Philippine Development Plan 2011-2016 National Structural Code of the Philippines Revised National Plumbing Code Provincial Ordinance No. 5 S-1996 (Regulation on Use of Power Saws) Provincial Ordinance No. 5 S-1997 (Efficient Management of Solid Waste in the Province of Laguna Provincial Ordinance No. 5 s-1999 (Ban on garbage dumpsites and conversion of it to controlled dumpsites) Provincial Resolution No 585 S-1997 (Mandatory household garbage containers) Provincial Resolution No. 752 S-1997 (Hospital waste management) Provincial Resolution No. 72 S-2005 (Authority to Permit Cutting of Trees from Governor) Provincial Resolution No. 2 S-2011 (Creation of the LTCATO) Provincial AO 2 (Establishment of Forest/Fruit Trees in every municipality Provincial AO 11 (Adoption of ecological solid waste mgt) Provincial EO 2 s. 1998 (Ban on dumping garbage) Provincial EO 6 s. 2002 (Laguna Waste Management Council) Provincial EO 1 s. 1999 (Mandatory conversion of open dumpsites to controlled dumpsites Provincial EO 5 s. 2005 (Waste segregation within provincial capitol compound) Provincial Board Reso. 1 s. 2006 (One year moratorium on implementation of sanitary landfill scheme in Laguna)

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Definition of Terms

a)

b)

c)

d)

e)

f)

g)

h)

i)

Agricultural waste - refers to waste generated from planting or harvesting of crops, trimming or pruning of plants and waste or run off materials from farm and field. This also includes waste, either solid or liquid, derived from institutions that use, manufacture or dress crops or livestock such as food companies, abattoirs, etc. Air pollutant means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases all in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated steam and radioactive substances. Air pollution - means any alteration of the physical, chemical and biological properties of the atmosphere, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes. Airshed - refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere. Alienable and disposable (A & D) lands -refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. Alternative fuels -are substantially non-petroleum, which is consumed to provide energy to power an engine and yield energy security and environmental benefits. Ambient air quality refers to the atmospheres average purity in a broad area as distinguished from discharge measurements taken at the source of pollution or the present characteristic or nature of the surrounding atmosphere; Ambient air quality guideline values - refers to the concentration of air over specified periods classified as short-term and/or long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality. In general, used as a basis for taking positive action in preventing, controlling, or abating health impacts from air pollution; Ambient air quality standard - means the concentration of an air pollutant as listed under Philippine Clean Air Act of 1999, RA 8749 which, in order to protect public health and/or public welfare, shall not be exceeded in the breathing zone, at any time. Standards are enforceable and must be complied with by the owner or person in-charge of an industrial operation, process or trade;

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j)

Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes.
Biodiversity - the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes diversity within and between species and the diversity of ecosystems.

k)

l)

m)

n)

o)

p) q)

r)

s)

t) u)

v)

Biological diversity the variability among living organisms from all sources including terrestrial, marine, and other aquatic ecosystem and the ecological complexes of which they are part; this includes diversity within species, between species and ecosystems. Buffer zones are identified areas outside the boundaries of and immediately adjacent to designated protected areas and need special development control in order to avoid or minimize harm to the protected area. Built-up areas refer to the portions of land within the Municipality/City or barangays that are actually occupied as residential, commercial, or industrial areas. Business Transaction/s - means an act of business dealings and or contract with relation to delivery, hauling, transport, treatment and disposal of substances and/or materials which are potential and actual sources of land, air, and water pollution. Business/es- means trade or commercial activity regularly engaged in as means of livelihood or with a view of profit. Chemical mixture - means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in the past, the result of a chemical reaction, if none of the chemical substances and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined. This shall include non-biodegradable mixtures. Chemical substance - means any organic or inorganic substance of a particular molecular identity excluding radioactive materials and includes any element or uncombined chemical; and any combination of such substances; or any mixture of two or more chemical substances. CNG (Compressed Natural Gas) - is a fossil fuel substitute for gasoline (petrol), diesel, or propane fuel. Although its combustion does produce greenhouse gases, it is a more environmentally clean alternative to those fuels, and it is much safer than other fuels in the event of a spill (natural gas is lighter than air, and disperses quickly when released). Collection refer to the act of removing waste from the source or from communal storage point. Companies/enterprises of good environmental standing refers to the list of registered enterprises of good environmental standing eligible for tax credits and incentives provided by this code Composting refer to the controlled decomposition of organic matter by microorganism, mainly bacteria and fungi, into a humus-like product. 152

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w)

x) y)

Conservation - all the processes of looking after a place so as to retain its meaning to people. It includes provision for the security of the place, its maintenance and its future, and is based on respect for the existing material (fabric) of the place and for its meaning to communities Contamination - means the introduction of substances not found in the natural composition of water that make the water less desirable or unfit for intended use. Critical watershed refers to a drainage area of a river system, lake or water reservoir supporting existing and proposed hydroelectric power, domestic water supply, geothermal, irrigation works, which needs immediate rehabilitation and protection to minimize soil erosion, improve water yield and prevent possible flooding.
Cultural heritage- monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science; groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view. (Operational Guidelines for the Implementation of the World Heritage Convention, 2008). Cultural significance - aesthetic, historical, scientific or social value for past or present generations, and for its likely value to future generations.

z)

aa)

bb) cc)

dd)

ee)

ff) gg) hh)

Devolution refers to the act by which the national government confers power and authority as provided for by law. Ecological profile refers to geographic-based instrument for planners and decision makers, which presents a description of the environment setting including the state of environmental quality and evaluation of the assimilation capacity of an area. Ecotourism - a form of sustainable tourism within a natural and cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and satisfaction of visitors. Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial, agricultural farms and recreational facilities Emission - means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere. ENRO - this is the acronym that shall refer to Environment and Natural Resources Office. Environmental Compliance Certificate (ECC) refers to the document issued by the secretary of the Department of Environment and Natural resources or his duly authorized representative certifying that the proposed project under consideration will not bring about an unacceptable environmental impact and 153

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ii)

jj)

kk)

ll)

mm)

nn)

oo) pp) qq)

rr) ss)

that the proponent has complied with the requirements of the Environmental Impact Statement System. Environmental Impact Assessment is a process that involves predicting and evaluating the likely impacts of a project on the environment during preparatory activities/construction, commissioning, operations and abandonment or decommissioning and designing appropriate mitigating measures to protect the environment as well as the communities welfare. Environmental Impact Statement System (EIS) refers to the entire process of organization, administration and procedure institutionalized for the purpose of assessing the significance of the effects of physical developments on the quality of the environment. Environmental Management System - refers to the management of an organizations environmental programs in a comprehensive, systematic, planned and documented manner. It includes the organizational structure, planning and resources for developing, implementing and maintaining policy for environmental protection. Environmentally acceptable materials refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment as listed under the list of DENR environmentally acceptable materials. Environmentally Critical Areas (ECA) refers to the socially, ecologically, and geologically sensitive areas declared by law or valid proclamations as areas set aside as scenic/aesthetic and potential tourist spots; areas which are the habitat of endangered species; areas possessing unique historic, archeological, or scientific interests; areas traditionally occupied by indigenous communities; areas with critical slopes; areas frequently visited by natural calamities; prime agricultural lands; recharge areas of aquifers; water bodies; mangrove areas; coral reefs; mossy and virgin forests; river banks, and ; swamplands and marshlands. Extended producer responsibility refers to the financial and/or physical coresponsibility of the marketing a certain product for themanagement and disposal of that product at the waste phase. Fee - is a charge fixed by law or ordinance for the regulation, monitoring and inspection of all business, industrial, commercial, or agricultural establishments. Forest lands - include the public forest, the permanent forest or forest reserves, and forest reservations. Forest product - means, timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. Forest reservations - refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes Forest Resources include both living and non-living components of the forest. It also refers to the land, water timber and non-timber, wild flora and fauna, microorganisms found inside forest area.

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tt)
uu)

Generator - refers to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling.
Geodiversity - the natural range (diversity) of geological (bedrock), geomorphological (landform) and soil features, assemblages, systems and processes. It includes evidence of the past life, ecosystems and environments in the history of the earth as well as a range of atmospheric hydrological and biological processes currently acting on rocks, landforms and soils. Geological monuments - rare, irreplaceable geologic formations, of a value unappreciated by non-geologists unless the sites happen to be aesthetically appealing or well known of particular value for teaching and research.

vv)

ww)

xx)

yy)

zz) aaa)

bbb)

ccc)

ddd) eee)

Green building - an integrated whole-building approach to the planning, design, construction, operation, and maintenance of buildings and their surrounding landscape that help mitigate the environmental, economic and social impacts of buildings on the following: site conservation and sustainable planning, water conservation and efficiency, energy efficiency and renewable energy; conservation of materials and resources, cost effective, functional, productive, aesthetic, and indoor environmental quality and human health. Green building design - is designing a building to minimize energy consumption, use renewable or recyclable resources, protect the natural environment, and create health non-toxic work environment. Green infrastructure- refers to an interconnected network of natural features (vegetation, parks, wetlands, etc.) that provide beneficial ecosystem services for human populations. The benefits include pollution removal, carbon sequestration and groundwater recharge. Green space- is an area of grass, trees, or other vegetation set apart for recreational or aesthetic purposes in an otherwise urban environment. Greenhouse gases (GHGs) - mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chorofluorocarbons, and the like. Green tax credit refers to any credits against taxes and/or duties equal to those actually paid or would have been paid to which a tax credit certificate shall be issued by the Provincial Government of Laguna. The tax credit certificate issued by the Province pursuant to this Code shall not be transferable. The tax credit certificate shall be used to pay taxes, duties, charges and fees due to the provincial government: Provided, that the tax credit issued under this Code shall form part of the gross income' of the grantee for income tax purposes under Section 32 of the National Internal Revenue Code and therefore taxable: Provided further, That such tax credits shall be valid only for a period of five (5) years from date of issuance. Groundwater recharge area/aquifer recharge area - an area of the earth's surface where water infiltrates the ground, thereby replenishing the groundwater supplies within an aquifer. Harmful - causing or capable of causing harm. Hazardous substances are substances which present either as: (a) short term acute hazards, such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact hazards or the risk of fire or explosion; or (b) long term environmental hazards which include chronic toxicity upon 155

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fff)

repeated exposure, carcinogenicity (which in some case result from acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors. Hazardous waste - refers to anything that is labeled toxic, flammable, corrosive, reactive, infectious or radioactive can threaten personal health and safety if used improperly or disposed of improperly.
Heritage trees- Trees associated with significant historical events and scientific, educational and environmental values for their contribution to reduction of greenhouse and biodiversity.

ggg)

hhh)

iii)

jjj)
kkk)

Household hazardous waste is distinguished by the characteristics of being likely to be found on residential premises and likely to find its way into the municipal solid waste stream. Examples of hazardous products are pesticides, bulb, florescent lamp, and dry cells batteries. Initial Environmental Examination (IEE) refers to the document required of proponents describing the environmental impact of, and mitigation and enhancement measures for projects or undertakings located in an environmentally critical area. ISO 14001 is an international standard that certifies an organization having and implementing an environmental management system.
Laguna de Bay Watershed Region - shall refer to the Provinces of Rizal and Laguna; the cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province, and the towns of Marikina, Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila.

lll)

Land use refers to the human modification/changes of the natural environment to built environments such as residential, farms or fields, and industrial commercial areas.
Lake - a body of relatively still water of considerable size, localized in a basin, that is surrounded by land apart from a river, stream, or other forms of moving water that serves to feed or drain the lake.

mmm)

nnn) ooo) ppp)

qqq)

rrr)

Material recovery facility (MRF)- refers to transfer station or sorting station, drop-off center, a composting facility, and a recycling facility of solid waste. Metallic mineral resources consist of mineral ores with gold, iron, copper, nickel, silver and other metals. Mobile source means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods. Multi-barrier approach - is an integrated system of procedures, processes and tools that collectively prevent or reduce the contamination of drinking water from source to tap in order to reduce risks to public health. National Integrated Protected Areas System (NIPAS) is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support system. To preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible as provided in RA 7586, otherwise known as the NIPAS Act of 1992. 156

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sss)

ttt)

Natural heritage - natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view; geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty. (Operational Guidelines for the implementation of the World Heritage Convention, 2008) Natural significance - the importance of ecosystems, biodiversity and geodiversity for their existence value or for present or future generations, in terms of their scientific, social, aesthetic and life-support value.

Non-metallic mineral resources consist of sand, gravel, boulder, clay and marble among others. vvv) Open dump - refers to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards. www) Ozone depleting substances (ODS) refers to those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons (CFC-11, 12, 13, 111, 112,113,114,115, 211, 212, 213, 214, 215, 216 and 217), Halons (1211, 1301, 2402), carbon tetrachloride, methyl chloroform, methyl bromide, HBFCs, HCFCs. xxx) Permit is a short-term privilege or authority granted by the state to a person to utilize any limited natural resources or undertake a limited activity within a piece of land without any right of occupation or possession therein. yyy) Persistent organic pollutants (POP) refers to organic compounds that persist in the environment, bio-accumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane. zzz) Person includes natural as well as judicial persons. aaaa) PM10 - means particles with diameter less than 10 microns and below. uuu)
bbbb) Place of natural significance - a geographically defined site or area with associated natural features of biodiversity, geodiversity and ecological processes.

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Poisonous and toxic fumes refer to any emission or fume which is beyond internationally-accepted standards, including but not limited to World Health Organization (WHO) guideline values. Pollutant - a substance or condition that contaminates air, water, or soil. Pollutants can be artificial substances, such as pesticides and PCBs, or naturally occurring substances, such as oil or carbon dioxide, that occur in harmful concentrations in a given environment. Pollution - means any alteration of the physical, chemical, biological, properties of any water, air and/or and resource, or any discharge thereto of any liquid, gaseous or solid waste, or any production of unnecessary noise, or any emission 157

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of objectionable odor, as will or is likely to create or to render such water, air and/or land resources harmful, detrimental or injurious to public health, safety or welfare, or which will adversely affect their utilization for domestic, industrial, agricultural, recreational or other legitimate purposes. ffff) Pollution control device - means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standard. gggg) Pollution control technology - means the pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent. hhhh) Production Forest refers to areas with slope 0-15 percent, developed to supply commercial timber and non-timber products such as bamboo, rattan, horticultural crops (e.g. fruit/nut trees), gums, and resins, spices, fiber trees, vines, palms or combination thereof. iiii) Project refers to activities including actions, programs, undertaking regardless of scale or magnitude which may have significant impact on the environment. jjjj) Project proponent refers to any entity, private and government organizations, person, owners/agents, planning or intending to undertake a project. kkkk) Protected area refers to identified portion of land and water set aside by law by reasons of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation, as provided in RA 7586, National Integrated Protected Areas System (NIPAS) Act of 1992. llll) Protection forest refers to areas regardless of slope which are highly erodable or too rocky for establishment of production forest, developed for the primary objective of establishing vegetative cover to prevent erosion, conserve and produce water, and nurture wildlife. mmmm) Public consultation refers to a stage of public participation at which information is disseminated and opinions gathered in public in order to ensure that public concerns are fully integrated into the process of the environmental impact assessment project development and management and policy formulation. nnnn) Public forest lands refer to those lands of the public domain which have been set aside by law for forest purposes. These lands may either presently forested or denuded. oooo) Quarry Resources means any common stone or other common mineral substances such as, but not restricted to marble granite, volcanic cinders, basalt, tuff, and rock phosphate; provided they contain no metals or other valuable minerals in economically workable quantities. pppp) Quarrying is the process of extracting, removing, and disposing quarry resources on public or private land. qqqq) Quarrying permit is granted to a qualified person for the extraction and utilization of quarry resources on public or private land. rrrr) Reclamation forest refers to a tract of forest land, forested or non-forested, and may contain both production and protection forest, developed for the additional or primary purpose of providing non-destructive recreational pursuits such as, 158

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ssss)

tttt)

uuuu)

vvvv) xxxx)

but not limited to, camping, bush walking, bird watching, mountaineering, and observations/studies. Registered enterprises - refer to any individual, partnership, cooperative, corporation or other entity incorporated and/or organized and existing under Philippine Laws; and registered both with the concerned local government units where it is operating and the Province of Laguna for at least three (3) years. Resource conservation - refers to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources. Resource recovery - refers to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use. Re-use - refers to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics.

wwww) River refers to natural freshwater flowing towards the lake, ie. Laguna de Bay or sea.

Scoping refers to the stage in the EIS system where information and assessment requirements are established to provide the proponent with a scope of work for the EIS. yyyy) Segregation at source - refers to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal. zzzz) Source reduction - refers to the reduction of solid waste before it enters the solid waste stream by methods such as product design, materials substitution, materials re-use and packaging restrictions. aaaaa) Stationary source refers to any building or immobile structure, facility or installation which emits or may emit any air pollutant. bbbbb) Suspended particulate matter - refer to particles with diameter less than 25-50 m. ccccc) Sustainable Environmental Sanitation - Economically and environmentally viable, socially and politically acceptable intervention system to reduce peoples exposure to diseases by providing a clean environment in which to live; to break the cycle of diseases while contributing to environmental and resource protection and conservation. ddddd) Transport - includes conveyance by air, water and land.
eeeee) Treatment facility refers to structure, equipment, and appurtenances, collectively or severally, actually used or intended for use by the private or public for the purpose of treating or otherwise handling domestic and industrial wastes.

fffff)
ggggg)

Tree a woody plant living for more than a year with one main stem or trunk which develop many branches, usually at some height above the ground.
Tributary refers a stream or river that flows into a main stem or parent river or a lake.

hhhhh) Visitorial power refers to the mandate of the provincial governor to visit component cities and municipalities at least every six months, primarily to : a) inspect and deepen his understanding of problems and conditions, listen and give counsel to local officials and constituents, b) to inform them on general laws and ordinances, and c) carry out emergency measures as maybe necessary

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during and in the aftermath of man-made and natural disasters and calamities (Art. 1, Chap. 3 of the Local Government Code). iiiii) Volatile organic compound (VOC)- refers to organic chemical compounds which have significant vapor pressures and which can affect the environment and human health. jjjjj) Waste Management the proper disposition of both solid and liquid wastes. kkkkk) Water pollution - refers any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality. lllll) Water protection zones- is a geographical area in which LGUs entities will have additional powers to protect water and measures may be used to manage or prohibit activities which cause or could cause damage or pollution of water. mmmmm) Water quality -refers to the characteristics of water which define its use in terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated.
1. Use of water for domestic purposes - means the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens and watering of lawns or domestic animals. 2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the community. 3. Use of water for irrigation - means the utilization of water for producing agricultural crops. 4. Use of water for power generation - means the utilization of water for producing electrical or mechanical power. 5. Use of water for fisheries - means the utilization of water for the propagation of culture of fish as a commercial enterprise. 6. Use of water for livestock raising - means the utilization of water for large herds or flocks of animals raised as a commercial enterprise. 7. Use of water for industrial purposes - means the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product. 8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation.

iiiii)

jjjjj)

Water quality management area action plan - includes, but not be limited to, the following: (a) goals and targets including sewerage or septage program; (b) schedule of compliance to meet the applicable requirements of this Act; (c) water pollution control strategies or techniques; (d) water quality information and education program; (e) resource requirement and possible sources; (f) enforcement procedures of the plan; and (g) rewards and incentives under Chapter 4 of this Act. Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface runoff. Small watershed areas specifically refer to those that are identified by local governments or the proper agency as source of water supply for a particular local community. 160

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kkkkk)

Wildlife refers to the living organisms in natural and undomesticated condition.

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References

Laguna Governors Office. n.d. The New Laguna: the land of boundless opportunities. A Brochure. New Capitol Building, Sta Cruz, Laguna. 10p. Halaguea, R. n.d. Developments in the Philippines: Access to Environmental Justice. In Effectius. www.risa_halaguea.newsletter11. Becken, S. (Ed). 2010. Tourism and the Environment. Edward Elgar Publishing, Inc. USA. 514p. City Ordinance No. 01-273. 2001. Environment Code of the City of Calamba. Oposa, Antonio A., A Legal Arsenal for the Philippine Environment. 2002

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