Académique Documents
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Environmental Engineering
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I.
LAND USE
Land use is the human use of land. Land use involves the management and
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information can be used to develop solutions for natural resource management issues
such as salinity and water quality.
oxides (SOx),
Nitrogen
oxides (NOx),
Carbon
monoxide (CO),
Carbon
dioxide (CO2), Volatile organic compounds (VOCs), Ammonia (NH3), odors, Radioactive
pollutants. Secondary pollutants are not emitted directly. Rather, they form in the air
when primary pollutants react or interact. An important example of a secondary
pollutant is ground level ozone one of the many secondary pollutants that make up
photochemical smog, Peroxyacetyl nitrate (PAN). Some pollutants may be both primary
and secondary: that is, they are both emitted directly and formed from other primary
pollutants. And minor air pollutants include Persistent organic pollutants (POPs)
which are organic compounds that are resistant to environmental degradation through
chemical, biological, and photolytic processes.
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and radioactive contaminants. Water quality depends on the local geology and
ecosystem, as well as human uses such as sewage dispersion, industrial
pollution, use of water bodies as a heat sink, and overuse (which may lower the
level of the water).
B. Industrial and domestic use
Dissolved minerals may affect suitability of water for a range of industrial
and domestic purposes. The most familiar of these is probably the presence of
ions of calcium and magnesium which interfere with the cleaning action of soap,
and
can
form
in
water
heaters
or boilers. Hard water may be softened to remove these ions. The softening
process often substitutes sodium cations. Hard water may be preferable to soft
water for human consumption, since health problems have been associated with
excess sodium and with calcium and magnesium deficiencies. Softening may
sacrifice nutrition for cleaning effectiveness.
C. Environmental water quality
Environmental water quality, also called ambient water quality, relates to
water bodies such as lakes, rivers, and oceans. Water quality standards for
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Environmental Engineering
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A. Sample collection
More complex measurements are often made in a laboratory requiring a
water sample to be collected, preserved, transported, and analysed at another
location. The process of water sampling introduces two significant problems. The
first problem is the extent to which the sample may be representative of the
water source of interest. Many water sources vary with time and with location.
The measurement of interest may vary seasonally or from day to night or in
response to some activity of man or natural populations of aquatic plants and
animals. The measurement of interest may vary with distances from the water
boundary with overlying atmosphere and underlying or confining soil. The
sample collection procedure must assure correct weighting of individual sampling
times and locations where averaging is appropriate. Where critical maximum or
minimum values exist, statistical methods must be applied to observed variation
to determine an adequate number of samples to assess probability of exceeding
those critical values.The second problem occurs as the sample is removed from
the water source and begins to establish chemical equilibrium with its new
surroundings - the sample container. Similar physical and chemical interactions
may take place with any pumps, piping, or intermediate devices used to transfer
the water sample into the sample container. Water collected from depths below
the surface will normally be held at the reduced pressure of the atmosphere; so
gas dissolved in the water may escape into unfilled space at the top of the
container. Atmospheric gas present in that air space may also dissolve into the
water sample. Other chemical reaction equilibriums may change if the water
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sample
changes
temperature.
Finely
divided
solid
particles
formerly suspended by water turbulence may settle to the bottom of the sample
container, or a solid phase may form from biological growth or chemical
precipitation. Microorganisms within the water sample may biochemically alter
concentrations of oxygen, carbon dioxide, and organic compounds. Changing
carbon dioxide concentrations may alter pH and change solubility of chemicals of
interest. These problems are of special concern during measurement of chemicals
assumed to be significant at very low concentrations.Sample preservation may
partially resolve the second problem. A common procedure is keeping samples
cold to slow the rate of chemical reactions and phase change, and analysing the
sample as soon as possible; but this merely minimizes the changes rather than
preventing them. A useful procedure for determining influence of sample
containers during delay between sample collection and analysis involves
preparation for two artificial samples in advance of the sampling event.
are
bacteriological
indicators
of
fecal
contamination,
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C. Chemical analysis
The method selected to measure dissolved oxygen should differentiate
between diatomic oxygen and oxygen combined with other elements. The
comparative simplicity of elemental analysis has produced a large amount of
sample data and water quality criteria for elements sometimes identified asheavy
metals. Water analysis for heavy metals must consider soil particles suspended
in the water sample. These suspended soil particles may contain measurable
amounts of metal. Although the particles are not dissolved in the water, they may
be consumed by people drinking the water. Adding acid to a water sample to
prevent loss of dissolved metals onto the sample container may dissolve more
metals from suspended soil particles.Filtration of soil particles from the water
sample before acid addition, however, may cause loss of dissolved metals onto
the filter. The complexities of differentiating similar organic molecules are even
more challenging.
salts
Dissolved
organics: colored
and
metalloids
dissolved
organic
Dissolved
organic
E. Environmental Indicators
(INDICATOR OF WATER)
1. Physical Indicators/ assessment
Water Temperature
Transparency or Turbidity
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Odor of Water
Color of water
Taste of Water
pH
Total
Hardness, Hard
water, TH =
Permanent
Hardness
Temporary Hardness
Nitrate-N
Orthophosphates
Pesticides
Heavy metals
IV.
Ephemeroptera,
Plecoptera
Trichoptera
Coliform
WASTE MANAGEMENT
Waste
management is
disposal,
managing and monitoring of waste materials. The term usually relates to materials
produced by human activity, and the process is generally undertaken to reduce their
effect on health, the environment or aesthetics. Waste management is a distinct
practice from resource recovery which focuses on delaying the rate of consumption
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of natural
resources.
All
wastes
materials,
within
the
whether
remit
of
they
waste
A. Methods of Disposal
1. Landfill
When all the trucks arrive to the landfills, they first get separated into
their proper place; disposing of waste in a landfill involves burying the waste,
and this remains a common practice in most countries. Landfills were often
established in abandoned or unused quarries, mining voids or borrow pits. A
properly designed and well-managed landfill can be a hygienic and relatively
inexpensive method of disposing of waste materials. Older, poorly designed or
poorly managed landfills can create a number of adverse environmental impacts
such as wind-blown litter, attraction of vermin, and generation of liquid
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6. Energy recovery
The energy content of waste products can be harnessed directly by using
them as a direct combustion fuel, or indirectly by processing them into another
type of fuel. Thermal treatment ranges from using waste as a fuel source for
cooking or heating and the use of the gas fuel, to fuel for boilers to generate
steam and electricity in a turbine. Pyrolysis and gasification are two related
forms of thermal treatment where waste materials are heated to high
temperatures with limited oxygen availability. The process usually occurs in a
sealed vessel under highpressure.
7. Resource recovery
Resource recovery (as opposed to waste management) uses LCA (life cycle
analysis) attempts to offer alternatives to waste management. For mixed MSW
(Municipal Solid Waste) a number of broad studies have indicated that
administration, source separation and collection followed by reuse and
recycling of the non-organic fraction and energy and compost/fertilizer
production of the organic material via anaerobic digestion to be the favoured
path.
8. Avoidance and reduction methods
An important method of waste management is the prevention of waste
material being created, also known as waste reduction. Methods of avoidance
include reuse of second-hand products, repairing broken items instead of
buying new, designing products to be refillable or reusable (such as cotton
instead of plastic shopping bags), encouraging consumers to avoid using
disposable products (such as disposable cutlery), removing any food/liquid
remains from cans, packaging, and designing products that use less material to
achieve the same purpose (for example, lightweighting of beverage cans).
B. Technologies
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Traditionally the waste management industry has been slow to adopt new
technologies
such
as RFID (Radio
Frequency
Identification)
tags, GPS
and
Waste
hierarchy -
The
waste
hierarchy
refers
to
the
"3
Rs" reduce, reuse and recycle, which classify waste management strategies
according to their desirability in terms of waste minimization. The waste
hierarchy remains the cornerstone of most waste minimization strategies. The
aim of the waste hierarchy is to extract the maximum practical benefits from
products and to generate the minimum amount of waste see: resource recovery.
Polluter pays principle - the Polluter Pays Principle is a principle where the
polluting party pays for the impact caused to the environment. With respect to
waste management, this generally refers to the requirement for a waste
generator to pay for appropriate disposal of the unrecoverable material.
V.
resource
management refers
to
the
management
of natural
resources such as land, water, soil, plants and animals, with a particular focus on
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how management affects the quality of life, for both present and future generations
(stewardship). Natural resource management deals with managing the way in which
people and natural landscapes interact. It brings together land use planning, water
management, biodiversity conservation, and the future sustainability of industries
like agriculture, mining, tourism, fisheriesand forestry. It recognises that people and
their livelihoods rely on the health and productivity of our landscapes, and their
actions as stewards of the land play a critical role in maintaining this health and
productivity. Natural resource management is also congruent with the concept
of sustainable
development,
scientific
principle
that
forms
basis
A. OWNERSHIP REGIME
1. State Property Regime
Ownership and control over the use of resources is in hands of the state.
Individuals or groups may be able to make use of the resources, but only at the
permission of the state.
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B. MANAGEMENT APPROACHES
1. Regional or Community Based NRM
The community based NRM approach combines conservation objectives
with the generation of economic benefits for rural communities. The three key
assumptions being that: locals are better placed to conserve natural resources,
people will conserve a resource only if benefits exceed the costs of conservation,
and people will conserve a resource that is linked directly to their quality of life.
2. Adaptive Management
This approach includes recognition that adaption occurs through a
process of plan-do-review-act. It also recognises seven key components that
should be considered for quality natural resource management practice:
Determination of scale
Information management
Risk management
Community engagement
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(e.g.,
poverty
alleviation,
welfare
of
future
generations,
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WHEREAS, it is necessary that the creation of the Council be implemented with the
launching of a comprehensive program of environmental protection and management;
WHEREAS, such a program can assume tangible and meaningful significance only by
establishing specific environment management policies and prescribing environment
quality standards in a Philippine Environment Code:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby order
and decree:
Section 1. Short Title. This Decree shall be known and cited as the "Philippine
Environment Code."
TITLE I
AIR QUALITY MANAGEMENT
Section 2. Purposes. The purposes of this Title are:
(a) to achieve and maintain such levels of air quality as to protect public health;
and
(b) to prevent to the greatest extent practicable, injury and/or damage to plant
and animal life and property, and promote the social and economic
development of the country.
Chapter I
Standards
Section 3. Ambient Air Quality Standards. There shall be established ambient air
quality standards which shall prescribe the maximum concentration of air pollutants
permissible in the atmosphere consistent with public health, safety and general
welfare.
In the establishment of ambient air quality standards, factors such as local
atmospheric conditions, location and land use, and available technology, shall be
considered among others.
Section 4. National Emission Standards. There shall be established national emission
standards for new and existing stationary and mobile sources of pollution which shall
consider among others such factors as type of industry, practicable control technology
available, location and land use, and the nature of pollutants emitted.
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Chapter II
Regulation and Enforcement
Section 8. Air Quality and Noise Standards. The National Pollution Control
Commission in coordination with appropriate government agencies shall be
responsible for the enforcement of ambient air quality emission and noise standards,
including the monitoring and surveillance of air pollutants, licensing and permitting of
air pollution control facilities, and the promulgation of appropriate rules and
regulations.
Existing air quality emission and noise standards may be revised and/or modified
consistent with new development and technology.
Section 9. Aircraft Noise. Community noise standards around airports shall be
implemented by the Civil Aeronautics Administration in coordination with the National
Pollution Control Commission.
Section 10. Vehicular Emissions. The Land Transportation Commission, in
coordination with the National Pollution Control Commission, shall implement
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emission standards for motor vehicles and may deputize other appropriate law
enforcement agencies for the purpose.
Section 11. Radioactive Emissions. The release and emission of radioactivity into the
environment incident to the establishment or possession of nuclear energy facilities
and radioactive materials, handling, transport, production, storage, use and disposal
of radioactive materials shall be regulated by the Philippine Atomic Energy
Commission in coordination with other appropriate government agencies.
Chapter III
Monitoring
Section 12. Air Quality Monitoring. The National Pollution Control Commission, in
coordination with appropriate government agencies, shall establish to the greatest
extent practicable an air quality monitoring network. Such air quality monitoring
network shall put to maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results of
air quality monitoring activities.
Section 13. Weather Modification. The Philippine Atmospheric, Geophysical and
Astronomical Services Administration shall monitor regularly meteorological factors
affecting environmental conditions in order to effectively guide air pollution monitoring
activities.
Activities relating to weather modification such as rainfall stimulation and storm
seeding experiments shall be undertaken in consultation and/or in coordination with
the Philippine Atmospheric, Geophysical and Astronomical Service Administration.
TITLE II
WATER QUALITY MANAGEMENT
Section 14. Purpose. It is the purpose of this Title to prescribe management
guidelines aimed to protect and improve the quality of Philippine water resources
through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.
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Chapter I
Classification and Standards
Section 15. Classification of Philippine Waters. The National Pollution Control
Commission, in coordination with appropriate government agencies, shall classify
Philippine waters, according to their best usage. In classifying said waters, the
National Pollution Control Commission shall take into account, among others, the
following:
(a) the existing quality of the body of water at the time of classification;
(b) the size, depth, surface area covered, volume, direction, rate of flow, gradient
of stream; and
(c) the most beneficial uses of said bodies of water and lands bordering them for
residential, agricultural, commercial, industrial, navigational, recreational, and
aesthetic purposes.
Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the
public interest so requires, the National Pollution Control Commission, in coordination
with appropriate government agencies, shall reclassify a body of water based on the
intended beneficial use and take such steps as may be necessary to upgrade the
quality of said water. Other government agencies may adopt higher standards for a
particular body of water, subject to the approval of the National Pollution Control
Commission.
Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to
a degree where its state will adversely affect its best usage, the government agencies
concerned shall take such measures as may be necessary to upgrade the quality of
such water to meet the prescribed water quality standards.
Section 18. Water Quality Standards. The National Pollution Control Commission
shall prescribe quality and effluent standards consistent with the guidelines set by the
National Environmental Protection Council and the classification of waters prescribed
in the preceding sections, taking into consideration, among others, the following:
(a) the standard of water quality or purity may vary according to beneficial uses;
and
(b) the technology relating to water pollution control.
Chapter II
Protection and Improvement of Water Quality
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Section 19. Enforcement and Coordination. The production, utilization, storage and
distribution of hazardous, toxic and other substances such as radioactive materials,
heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping
of untreated wastewater, mine tailings and other substances that may pollute any
body of water of the Philippines resulting from normal operations of industries, waterborne sources, and other human activities as well as those resulting from accidental
spills and discharge shall be regulated by appropriate government agencies pursuant
to their respective charters and enabling legislations. In the performance of the above
functions, the government agencies concern shall coordinate with the National
Environmental Protection Council and furnish the latter with such information as may
be necessary to enable it to attain its objectives under Presidential Decree No. 1121.
Section 20. 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
his 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.
Section 21. Water Quality Monitoring and Surveillance. The various government
agencies concerned with environmental protection shall establish to the greatest
extent practicable a water quality surveillance and monitoring network with sufficient
stations and sampling schedules to meet the needs of the country. Said water quality
surveillance network shall put to maximum use the capabilities of such government
agencies. Each agency involved in such network shall report to the National
Environmental Protection Council the results of these monitoring activities as the need
arises.
TITLE III
LAND USE MANAGEMENT
Section 22. Purpose. The purposes of this Title are:
(a) to provide a rational, orderly and efficient acquisition, utilization and
disposition of land and its resources in order to derive therefrom maximum
benefits; and
(b) to encourage the prudent use and conservation of land resources in order to
prevent and imbalance between the nation's needs and such resources.
Section 23. National Land Use Scheme. The Human Settlements Commission, in
coordination with the appropriate agencies of the government, shall formulate and
recommend to the National Environmental Protection Council a land use scheme
consistent with the purpose of this Title.
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The Land Use Scheme shall include among others, the following:
(a) a science-based and technology-oriented land inventory and classification
system;
(b) a determination of present land uses, the extent to which they are utilized,
underutilized, rendered idle or abandoned;
(c) a comprehensive and accurate determination of the adaptability of the land
for community development, agriculture, industry, commerce and other fields of
endeavor;
(d) a method of identification of areas where uncontrolled development could
result in irreparable damage to important historic, cultural, or aesthetic values,
or natural systems or processes of national significance;
(e) a method for exercising control by the appropriate government agencies over
the use of land in areas of critical environmental concern and areas impacted
by public facilities including, but not limited to, airports, highways, bridges,
ports and wharves, buildings and other infrastructure projects;
(f) a method to ensure the consideration of regional development and land use
in local regulations;
(g) policy for influencing the location of new communities and methods for
assuring appropriate controls over the use of land around new communities;
(h) a system of controls and regulations pertaining to areas and development
activities designed to ensure that any source of pollution will not be located
where it would result in a violation of any applicable environmental pollution
control regulations; and
(i) a recommended method for the periodic revisions and updating of the
national land use scheme to meet changing conditions.
Section 24. Location of Industries. In the location of industries, factories, plants,
depots and similar industrial establishments, the regulating or enforcing agencies of
the government shall take into consideration the social, economic, geographic and
significant environmental impact of said establishments.
TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
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Chapter I
Fisheries and Aquatic Resources
Section 26. Management Policy. The National government, through the Department of
Natural Resources, shall establish a system of rational exploitation of fisheries and
aquatic resources within the Philippine territory and shall encourage citizen
participation therein to maintain and/or enhance the optimum and continuous
productivity of the same.
Section 27. Measures for National Exploitation. Measures for the national exploitation
of fisheries and other aquatic resources may include, but shall not be limited to, the
following:
(a) undertaking manpower and expertise development;
(b) acquiring the necessary facilities and equipment;
(c) regulating the marketing of threatened species of fish or other aquatic
resources;
(d) reviewing all existing rules and regulations on the exploitation of fisheries
and aquatic resources with a view of formulating guidelines for the systematic
and effective enforcement thereof; and
(e) conserving the vanishing species of fish and aquatic resources such as
turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove
areas, marshes and inland waters, coral reef-areas and islands serving as
sanctuaries for fish and other aquatic life.
Chapter II
Wildlife
Section 28. Management Policy. The national government through the Department of
Natural Resources, shall establish a system of rational exploitation and conservation
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Chapter III
Forestry and Soil Conservation
Section 30. Management Policy for Forestry. The national government, through the
Department of Natural Resources, shall undertake a system of rational exploitation of
forest resources and shall encourage citizen participation therein to keep the country's
forest resources at maximum productivity at all time.
Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the
rational exploitation of forest resources may include, but shall not be limited to, the
following:
(a) regulating the marketing of threatened forest resources;
(b) reviewing all existing rules and regulations on the exploitation of forest
resources with a view of formulating guidelines for the systematic and efficient
enforcement thereof;
(c) conserving threatened species of flora as well as increasing their rate of
propagation; the banning of destructive modes of exploitation, kaingin making
or shifting cultivation, indiscriminate harvesting of minor forest products the
recycling methods of waste materials, and
(d) carrying out a continuing effect on reforestation; timber stand improvement;
forest protection; land classification; forest occupancy management; agri-
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Chapter IV
Flood Control and Natural Calamities
Section 34. Measures in Flood Control Program. In addition to the pertinent provisions
of existing laws, the following shall be included in a soil erosion, sediment and flood
control program;
(a) the control of soil erosion on the banks of rivers, the shores of lakes, and the
seashores;
(b) the control of flow and flooding in and from rivers and lakes;
(c) the conservation of water which, for purposes of this Section shall mean
forms of water, but shall not include captive water;
(d) the needs of fisheries and wildlife and all other recreational uses of natural
water;
(e) measures to control the damming, diversion, taking, and use of natural
water, so far as any such act may affect the quality and availability of natural
water for other purposes; and
(f) measures to stimulate research in matters relating to natural water and soil
conservation and the application of knowledge thereby acquired.
Section 35. Measures to Mitigate Destructive Effects of Calamities. The national
government, through the Philippine Atmospheric, Geophysical and Astronomical
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Chapter V
Energy Development
Section 36. Policy. Consistent with the environmental protection policies, the national
government, through the Energy Development Board, shall undertake an energy
development program encouraging the utilization of invariant sources such as solar,
wind and tidal energy.
Section 37. Measures for Energy Development. Measures for energy development
program may include, but shall not be limited to, the following:
(a) setting up of pilot plants utilizing invariant sources of energy;
(b) training of technical personnel for purposes of energy development; and
(c) conducting researches aimed at developing technology for energy
development.
Section 38. Safety Measures on Energy Development. Rules and regulations shall be
promulgated to prevent or mitigate the adverse effects of energy development on the
environment. For this purpose, all nuclear powered plants exploring and utilizing
geothermal energy, whether owned or controlled by private or government entities
shall:
(a) observe internationally accepted standards of safety; and
(b) provide safety devices to ensure the health and welfare of their personnel as
well as the surrounding community.
Chapter VI
Conservation and Utilization of Surface and Ground Waters
Section 39. Management Policy. In addition to existing laws, the national government
through the National Water Resources Council in coordination with other appropriate
government agencies, shall prescribe measures for the conservation and improvement
of the quality of Philippine water resources and provide for the prevention, control and
abatement of water pollution.
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Chapter VII
Mineral Resources
Section 40. Management Policy. - The national government, through the Department
of Natural Resources, shall undertake a system of gainful exploitation and rational
and efficient utilization of mineral resources and shall encourage citizen participation
in this endeavor.
Section 41. Measures for Exploitation and Utilization of Mineral Resources. Measures
for the gainful exploitation and rational and efficient utilization of such mineral
resources may include, but shall not be limited to the following:
(a) increasing research and development in mineral resources technology;
(b) training of additional technical manpower needed in geology, geophysics,
mining engineering, and related fields;
(c) regulating the exploitation of identified mineral reserves;
(d) accelerating the exploration of undiscovered mineral deposits; and
(e) encouraging the establishment of processing plants for refined metals.
TITLE V
WASTE MANAGEMENT
Section 42. Purpose. The purposes of this Title are:
(a) to set guidelines for waste management with a view to ensuring its
effectiveness;
(b) to encourage, promote and stimulate technological, educational economic
and social efforts to prevent environmental damage and unnecessary loss of
valuable resources of the nation through recovery, recycling and re-use of
wastes and waste products; and
(c) to provide measures to guide and encourage appropriate government
agencies in establishing sound, efficient, comprehensive and effective waste
management.
Chapter I
Enforcement and Guidelines
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Chapter II
Methods of Solid Waste Disposal
Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill,
incineration, composing, and other methods as may be approved by competent
government authority.
Section 46. Sanitary Landfills. Local governments, including private individuals,
corporations or organizations may operate one or more sanitary landfills. Any entity
proposing to operate a sanitary landfill shall submit to the appropriate government
agency an operational work plan showing, among other things, a map of the proposed
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work location, disposal areas for rubbish, garbage, refuse and other waste matter; and
the equipment or machinery needed to accomplish its operations. In no case shall
landfill or work locations under this Section be located along any shore or coastline, or
along the banks of rivers and streams. lakes throughout their entire length, in
violation of any existing rules and regulations.
Section 47. Incineration and Composting Plants. The installation and establishment of
incineration or composting plants, or the alteration/modification of any part thereof
shall be regulated by the local governments concerned in coordination with the
National Pollution Control Commission.
Section 48. Disposal Sites. The location of solid waste disposal sites shall conform
with existing zoning; land use standards, and pollution control regulations.
Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or
disposal of solid wastes into the sea and any body of water in the Philippines,
including shorelines and river banks, where these wastes are likely to be washed into
the water is prohibited. However, dumping of solid wastes or other materials into the
sea or any navigable waters shall be permitted in case of immediate or imminent
danger to life and property, subject to the rules and regulations of the Philippine Coast
Guard and the National Pollution Control Commission.
Government agencies and private entities which are undertaking solid waste
management programs shall make consultations with the government agencies
concerned with respect to the effects of such dumping to the marine environment and
navigation.
Chapter III
Methods of Liquid Waste Disposal
Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants,
industries, community, or domestic sources shall be treated either physically,
biologically or chemically prior to disposal in accordance with the rules and
regulations promulgated by proper government authority.
Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply
to the dumping or disposal of liquid waste into the sea and other bodies of water.
TITLE VI
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance. In the assessment of development
projects, the National Environmental Protection Council, hereinafter referred to in this
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Title as the "Council" shall take into consideration their effect on population with a
view to achieving a rational and orderly balance between man and his environment.
Section 53. Environmental Education. The Department of Education and Culture shall
integrate subjects on environmental education in its school curricula at all levels. It
shall also endeavor to conduct special community education emphasizing the
relationship of man and nature as well as environmental sanitation and practices.
The Council and other government agencies implementing environmental protection
laws in coordination with public information agencies of the government shall
undertake public information activities for the purpose of stimulating awareness and
encouraging involvement in environmental protection.
Section 54. Environmental Research. The Council shall undertake and/or promote
continuing studies and research programs on environmental management and shall,
from time to time, determine priority areas of environmental research.
Section 55. Monitoring and Dissemination of Environmental Information of Foreign
Origin. The Council shall keep itself informed of current environmental developments
by obtaining information and literature from foreign sources through the Department
of Foreign Affairs, government agencies and other entities, both domestic and foreign.
Such information and literature shall be given the widest dissemination possible.
Section 56. Incentives. To operate the installation and the utilization of pollution
control facilities, the following incentives are hereby granted:
(a) exemption to the extent of fifty (50) per cent of tariff duties and
compensating tax for the importation of pollution control equipment, devices,
spare parts and accessories for a period of five (5) years from the effectivity of
this Decree subject to the conditions that will be imposed by the Council.
(b) a tax credit equivalent to fifty (50) per cent of the value of the compensating
tax and tariff duties that would have been paid on the pollution control
equipment, devices, spare parts and accessories had these items been imported
shall, within a period of seven (7) years from the effectivity of this Decree be
given to the person or firm who or which purchases them from a domestic
manufacturer, and another tax credit equivalent to twenty-five (25) per cent
thereof shall be given to the said manufacturer subject to such conditions as
may be imposed by the Council; and
(c) deductions equivalent to fifty (50) per cent of the expenses actually incurred
on research projects undertaken to develop technologies for the manufacture of
pollution control equipment which have been proven effective and commercially
reproducible, from the taxable income of the person or firm actually
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undertaking such projects subject to the conditions that may be imposed by the
Council.
The pollution control equipment, devices, spare parts and accessories acquired under
this Section shall not be sold, transferred or disposed of within five (5) years from the
date of acquisition without the prior approval of the Council otherwise the importer or
purchaser shall pay twice the amount of the tax exemption or tax credit granted.
Section 57. Financial Assistance/Grant. Financial assistance/grant for the study,
design and construction of environmental protection facilities especially for waste
disposal in favor of cities, municipalities, small and medium-scale industries may be
granted on a case to case basis subject to such conditions as may be imposed by the
Council.
Section 58. Participation of Local Government Units and Private Individuals. It shall be
the responsibility of local government units as well as private individuals to actively
participate in the environmental management and protection programs of the
government.
Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be
the duty of every person to help preserve the historic and cultural resources of the
country such as sites, structures, artifacts, documents, objects, memorials and
priceless trees.
Section 60. Government Offices Performing Environmental Protection
Functions. Government agencies vested by law to exercise environmental management
powers, shall continue to function as such within their respective jurisdictions. The
Council may, however, in the exercise of its powers and functions under Presidential
Decree No. 1121, inquire into any action or issue of environmental significance.
Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct
public hearings on issues of environmental significance.
Section 62. Definition of Terms. As used in this Code:
(a) "Ambient Air Quality" means the average atmospheric purity as distinguished
from discharge measurements taken at the source of pollution. It is the general
amount of pollution present in a broad area.
(b) "Emission" means the act of passing into the atmosphere an air
contaminant, pollutant, gas stream and unwanted sound from a known source.
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(c) "Water Quality" means the characteristics of water which define its use in
terms of physical, chemical and biological contents; hence the quality of water
for domestic use is different from industrial use.
(d) "Water Quality Surveillance" means a close and continuous supervision of
the water quality to detect development movements or changes in the
characteristics of the water.
(e) "Water Quality Standard" means a plan that is established by governmental
authority as a program for water pollution prevention and abatement. Such a
standard may include water use classification and the criteria to support the
uses of the water.
(f) "Effluent Standards" means restrictions established to limit levels of
concentration of physical, chemical and biological constituents which are
discharged from point sources.
(g) "Clean-up Operations" refers to activities conducted in removing the
pollutants discharged or spilled in water to restore it to pre-spill condition.
(h) "Accidental Spills" refers to spills of oil or other hazardous substances in
water that result from accidents involving the carriers of such substance such
as collisions and grounding.
(i) "Areas of Critical Environmental Concern" are areas where uncontrolled
development could result in irreparable damage to important historic, cultural,
or aesthetic values or natural systems or processes of national significance.
(j) "Hazardous Substances" means elements or compounds which when
discharged in any quantity present imminent or substantial danger to public
health and welfare.
(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of
public facilities may tend to induce development and urbanization of more than
local significance or impact.
(l) "Environmental Impact" is the alteration, to any degree, of environmental
conditions or the creation of a new set of environmental conditions, adverse or
beneficial, to be induced or caused by a proposed project.
(m) "Government Agencies" refers to national, local and regional agencies and
instrumentalities including government-owned and controlled corporations.
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TITLE VII
FINAL PROVISIONS
Section 63. Separability of Provisions. If any provision of this Code, or the application
of such provisions to any person or circumstance, is declared unconstitutional, the
remainder of the Code or the application of such provision to other persons or
circumstances shall not be affected by such declaration.
Section 64. Effectivity. This Code shall take effect upon its approval.
Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen
hundred and seventy-seven
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7.Hazardous wastes are substances that are without any safe commercial,
industrial,
agricultural or economic usage and are shipped, transported or brought from
the country
of origin for dumping or disposal into or in transit through any part of the
territory of the
Philippines.
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d) vehicle;
e)
boat or ship
18. "Process" means the preparation of a chemical substance or mixture after
its
manufacture for commercial distribution:
i)
21. Waste generator means a person who generates or produces, through any
commercial, industrial or trade activities, hazardous wastes.
22. Waste transporter means a person who is licensed to treat, store, recycle,
or dispose
of hazardous wastes.
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Regulations; and
b. appointed of an Environmental Protection Officer.
Section 9. Duties and Responsibilities of an Environmental Protection Officer.
An
Environmental Protection Officer shall have the following duties and
responsibilities:
a. To make such examination or inquiry as is necessary to determine whether
these
Rules and Regulations are being complied with.
b.To enter any premises in which he reasonably believes that chemical
substance
or hazardous waste are being used, manufactured, stored, processed,
reprocessed, generated, treated, transported or disposed of and may
i.without payment take or require the occupier or person in charge of the
premises or person in possession of any chemical substance to give the
Environmental Protection Officer samples of the chemical substance for
examination and testing subject to pertinent provisions of these Rules and
Regulations.
ii.
require the production of any relevant documents and inspect, examine
and make copies of or extracts from them or remove them to make a
copy of extract; and
iii.
take such photographs or audio or visual recordings as he considers
necessary.
c.
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To stop, detain, inspect, examine and remove to some suitable place for
inspection and examination any vehicle or boat that he believes is being or
likely
to be used for the transport of chemical substances and hazardous wastes
without the necessary permit from the Department.
d.
To require a person found committing an offense under these Rules and
Regulations to state the persons full name and address.
e.
To exercise such other duties and responsibilities as may be authorized by the
Secretary.
Section 10. Confiscation, Impoundment and Imposition of Administrative
Fines. Upon
receipt of a report from a duly authorized inspector or upon a verified
complaint from a private
person, the Secretary or his duly authorized representative shall order an
investigation or inquiry
in such a manner as he may determine on the alleged violation of any of the
provision of RA
6969 and these Rules and Regulations. If after investigation there appears to
be a violation of
any of the provisions of RA 6969 or these Rules and Regulations, the Secretary
or his duly
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k. any recommended time weighted exposure average (eight hour working day);
l. its flash point measured under close cup conditions;
m. its upper and lower explosive limits (if applicable);
n. its known stability and incompatibilities;
o. its carcinogenic, teratogenic and mutagenic properties;
p. the name and address of the nominating person; and
q. the anticipated volume in cubic meters or weight in tones, per annum of the
chemical substance being used, stored, manufactured, processed, offered for
sale or sold, transported, imported and exported by the nominating person.
2.
The documents containing the above information shall be considered as public
document.
Section 16. Nomination of Existing Chemicals
1.
Until 31 December 1993, a person shall submit to the Department for
inclusion in the
Philippine Inventory of Chemicals and Chemical Substances, a list of chemical
substances which are currently used, sold, distributed, imported, processed,
manufactured, stored, exported or transported in the Philippines in a form as
may be
provided by the Department.
2.
The person who nominates a chemical substance shall provide as much
information as
outlined in Section 15 of these Rules and Regulations and that such
nomination shall
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5.
The Department shall have the discretion not to include the new chemical
substance in
the chemical inventory if the information provided to the Department by the
person does
not fully comply with the requirements of Section 15 or the Department
suspects that the
data are of dubious quality.
6.
Any person who falsifies information on a chemical substance while
nominating an
existing or new chemical substance shall be criminally liable.
Section 18. Assessment of Chemicals
1.
Upon notification of a new chemical substance under Section 17 of these Rules
and
Regulations, the Department shall within ninety (90) days determine whether
a. to add the chemical substance to the chemical inventory;
b. to seek further information to any person for the purpose of assessing public
health and environmental risk posed by the use, storage, manufacture, import,
process or transport of the chemical substance or;
c. to issue Chemical Control Order in accordance to Section 20 of these Rules
and
Regulations.
2.
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development purposes;
3.
Those that are reaction intermediates which do not leave the closed production
system
or undergo intermediate storage during the reaction process;
4.
Those chemical substances that are regulated by laws other than RA 6969.
Section 23. Confiscation
1.
The Secretary or his duly authorized representative may cause the
impoundment or
confiscation of any chemical substance and its conveyance and container if
there is
reasonable grounds to believe that:
a.
the sale, storage, possession, use, manufacture, transport, import, or export for
a
chemical substance does not comply with the Chemical Control Order; or
b.
the sale, storage, possession, use, manufacture, transport, import or export of
chemical substance poses an immediate threat or hazard to public health and
safety or the environment.
2.
Any costs incurred by the Department under Section 23(1) shall be reimbursed
by the
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cause
a. pollution;
b. state of danger to public health, welfare and safety;
c. harm to animals, bird, wildlife, fish or other aquatic life;
d. harm to plants and vegetation; or
e. limitation in the beneficial use of a segment of the environment.
4. The waste generator shall be responsible for the proper management
and disposal ofthe hazardous waste.
5. The waste generator shall bear the costs for the proper storage,
treatment and disposalof their hazardous waste.
Section 25. Classification of Hazardous Waste
1.
The classes and subcategories of wastes listed in Table 1 shall be prescribed as
hazardous waste for the purposes of these Rules and Regulations.
2.
The types of wastes listed in Table 2 shall be exempted from the requirements
of these
Rules and Regulations.
3.
The listings provided for Tables 1 and 2 are not inclusive and shall be subject
to periodic
review.
PRIME - M4
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Table 1. Prescribed Hazardous Wastes
Class Subcategory
Waste
Number
Plating Discarded plating solutions and salts with a cyanide A101
Wastes concentration of less than 200 ppm.
Discarded heat treatment solutions and salts with a
cyanide concentration of less than 200 ppm.
A102
Plating solutions and salts containing cyanides at a
concentration exceeding 200 ppm.
A103
Heat treatment solutions and salts containing
cyanides at a concentration exceeding 200 ppm.
A104
Complexed cyanide solutions and salts A105
Other cyanide wastes arising from the plating and
heat treatment industries
A199
Acid Waste Sulfuric Acid B201
Hydrochloric Acid B202
Nitric Acid B203
Phosphoric Acid B204
Hydrofluoric Acid B205
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D404
D405
D406
D407
D499
Reactive
Chemical
Wastes
Oxidizing agents
Reducing agents
Explosive and unstable chemicals
Highly reactive chemicals
D501
D502
D503
D599
Paints/ Aqueous-based E601
Resins/ Solvent-based E202
Latices/inks
Dyes/Adhesives/
Organic
Sludges
Other mixed E699
Organic
Solvents
Flash point>61oC
Flash point <61 oC
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I105
Containers Portable containers previously containing toxic
chemical substances
J201
Immobilized
Wastes
Solidified and polymerized wastes
Chemically fixed wastes
Encapsulated Wastes
K301
K302
K303
Organic
Chemicals
Aliphatics
Aromatics and phenolics
Highly odorous
Surfactants and detergents
Halogenated solvents
Polychlorinated biphenyls and related materials
Other organic chemicals
L401
L402
L403
L404
L405
L406
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L499
Miscellaneous
Wastes
Pathogenic or infectious wastes
Asbestos wastes
Pharmaceuticals wastes and drugs
Pesticides
M501
M502
M503
M504
Table 2. Exempted Wastes
Description
Garbage from domestic premises and households.
Industrial and commercial wastewaters which are disposed of on-site through
the sewage
system.
Industrial and commercial solid wastes which do not contain prescribed
hazardous wastes as
identified in Table 1.
Materials from building demolition except asbestos.
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a.
notify the Department of the type and quantity of wastes generated in
accordance with the form and in a manner approved by the Department and
accompanied by a payment of the prescribed fee; and
b.
provide the Department, on a quarterly basis, with information to include the
type
and quantity of hazardous waste generated, produced or transported outside,
and such other information as may be required.
2.
A waste generator shall continue to own and be responsible for the hazardous
waste
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generated or produced in the premises until the hazardous waste has been
certified by
the waste treater as had been treated, recycled, reprocessed or disposed of.
3.
A waste generator shall prepare and submit to the Department comprehensive
emergency contingency plans to mitigate and combat spills and accidents
involving
chemical substances and/or hazardous waste. These plans shall conform with
the
content of the guidelines issued by the Department.
4.
A waste generator shall be responsible for training its personnel and staff ona.
the implementation of the plan required under Section 26(3); and
b.
the hazard posed by the improper handling, storage, transport, and use of
chemical substances and their containers.
Section 27. Waste Transporter
1.
No transport of hazardous waste shall be allowed unless prior permit is
secured from the
Department.
2.
Any application for the issuance or amendment of a permit to transport
hazardous waste
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shall be made in accordance with the form and in a manner approved by the
Department
and accompanied by a payment of the prescribed fee.
3.
The Department shall maintain a register of waste transporters.
4.
A waste generator shall only use waste transporters duly authorized by the
Department
to transport hazardous wastes.
Section 28. Waste Transport Record
1.
A waste transport record shall be in a form prescribed by the Department and
shall
contain the following particulars
a.the name and address of the waste generator;
b.the name of the waste transporter used to transport a load of hazardous
wastes;
c. the registration number of the waste transport vehicle;
d.the waste treatment license of the waste transporter;
e. the description of the hazardous waste transporter including its class and
subcategories as stated in Table 1;
f.the quantity of the hazardous waste transported;
g.the type of container used during the transport;
h.the name and address of transit points and the final destination of the
hazardous waste; and
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7.
Upon receiving a waste transport record, the waste treater shall:
a. verify the accuracy of the waste description of the hazardous waste;
b. complete portions of the waste treater on the waste transport record; and
c. retain and store the complete waste transport record for a period of twentyfour
months after receipt of the hazardous waste.
8.
If the hazardous waste data is inaccurate the waste treater shall immediately
inform the
waste generator of such inaccuracy within a reasonable period of time. The
waste
treater shall have the right to deny acceptance of such hazardous waste if such
acceptance may cause any danger of hazard in the operation of its premises;
9.
If the hazardous waste is accepted by the waste treater for treatment, storage,
export,
recycling, reprocessing, processing or disposal, the waste treater shall certify in
writing,
the acceptance of the hazardous waste to the waste generator.
10.
The waste treater shall send to the Department within five (5) days, the
certification
required under Section 28(9) copy furnished the waste generator.
11.
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Category Description
A
Premises that conduct on-site disposal of hazardous wastes generated or
produced at the premises through industrial or commercial processes and
activities other than disposal via sewer.
B
Commercial or industrial hazardous waste incinerators.
Landfills, dumps or tips that accept hazardous waste for disposal
D
Premises that recycle or reprocess hazardous waste which were not generated
or produced at that premise.
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E
Premises that immobilize, encapsulate, polymerize or treat hazardous wastes
which were not generated or produced at that premise.
F
Premises that store hazardous wastes, which were not generated or produced
at
that premise for periods exceeding thirty (30) days.
2.
An application for issuance or amendment of a permit under this section shall
be made
in accordance with a form and in a manner approved by the Department
accompanied
with the payment of the prescribed fee and accompanied by such plans,
specifications
and other information and a summary thereof as may be required by the
Department.
3.
The Department shall maintain a register of waste treaters.
Section 31. Import and Export of Hazardous Substances
1.
Any person who wishes to import into the Philippines or export hazardous
substances
must seek and obtain prior written approval from the Department.
2.
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An application made under Section 31(1) shall be made in the form and
manner
approved by the Department and accompanied by payment of the prescribed
fee.
3.
The Department shall cause the seizure of the imported hazardous substances
which
does not comply with the approved permit, return the hazardous substance to
their point
of origin and initiate proceedings to recover cost incurred.
Chapter VIII
Nuclear Waste
Section 32. Policy
1.
It shall be the policy of the government to prohibit the entry, even in transit, of
nuclear
waste and their storage or disposal into the Philippine territorial limits for
whatever
purpose.
2.
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agreements with the Philippines that would allow the passage or transit
shipment
of nuclear waste over Philippine territorial limit. Prior informed arrangements
and
notification schedules shall have been made through proper Philippine
authorities
including the DENR and the PNRI.
2.
The DENR and the PNRI shall exercise their rights to monitor and inspect such
shipments for the protection of the public and the national interest.
Section 34. Abandoned or Unclaimed Nuclear Waste
Nuclear wastes which are unclaimed or abandoned, and whose legal ownership
cannot
be ascertained, shall be subject to the regulations of the PNRI on the
management and disposal
of nuclear wastes.
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Any importer of scrap metal intended for domestic reprocessing shall certify to
the DENR
that the scrap metal he is importing does not contain radioactive material in
any form,
shape or containment.
2.
Scrap metal that may contain radioisotopes of the elements Cesium, Cobalt
Americium,
Strontium, or as may be determined by the PNRI shall not be processed for the
fabrication of metal bars or components.
Section 36. Reporting and Notification
Any person shall immediately notify the DENR or the PNRI of any existence of
unauthorized radioactive material or nuclear waste anywhere in the
Philippines. The report
should be such as to cause the immediate location of the radioactive material
to institute the
necessary protective and recovery measures.
Title IV. Common Provisions
Chapter IX
Permitting Regulations
Section 37. Prescribed Fees for Toxic Chemical Substances
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1.
The Department shall prescribe fees for the notification and assessment of new
chemicals under Section 17 and Section 18.
2.
The Department shall publish the scale of fees and amendments to the scale of
fees in
the Official Gazette or any newspaper of general circulation which shall take
effect
fifteen (15) days after its publication.
Section 38. Prescribed Fees for Hazardous and Nuclear Wastes
1.
The Department shall prescribe reasonable fees for
a. registration of a waste generator;
b. permitting of a waste transporter;
c. permitting of a waste treater;
d. authority to import or export hazardous material; and
e. waste transport record
2.
The Department shall publish the scale of fees and amendments to the scale of
fees in
the Official Gazette or any newspaper of general circulation which shall take
effect
fifteen (15) days after its publication.
Chapter X
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Section 41. Administrative Violations. The following acts and omissions shall
be
considered as administrative violations:
1.
All acts and omissions mentioned under Section 13(a to c) of Republic Act
6969.
2.
Failure or refusal to subject for testing chemical substances and mixtures that
present
unreasonable risk or injury to health or to the environment before said
chemical
substances and mixtures are manufactured or imported for the first time;
3.
Failure or refusal to subject for testing chemical substances and mixtures
which are
presently being manufactured or processed if there is a reason to believe that
said
chemical substances and mixtures pose unreasonable risk or injury to health
and the
environment;
4.
Refusing, obstructing or hampering the entry of authorized representatives of
the
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7.
Failure or refusal to secure approval from the Department prior to conduct of
any
importation or exportation of hazardous substances as provided for in Section
31 of
these Rules and Regulations.
8.
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3.
Every penalty imposed for the unlawful importation, entry, transport,
manufacture,
processing, sale or distribution of chemical substances or mixtures into or
within the
Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of
the proceeds of the unlawful act and instruments, tools or other implements
including
vehicles, sea vessels and aircraft used in or with which the offense was
committed,
chemical substances so confiscated and forfeited by the Government at its
option shall
be turned over to the Department of Environment and Natural Resources for
safekeeping and proper disposal.
4.
The person or firm responsible or connected with the bringing into the country
of
hazardous and nuclear wastes shall be under obligation to transport or send
back said
prohibited wastes. Any and all means of transportation, including all facilities
and
appurtenances that may have been used in transporting to or in the storage in
the
Philippines of any significant amount of hazardous or nuclear wastes shall at
the option
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RA 8479: PHILIPPINE
CLEAN AIR ACT
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(h) The right to bring action in court for compensation of personal damages
resulting from the adverse environmental and public health impact of a project
or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen,
nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or the environment, which
includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of
any kind, gases, fumes, chemical mists, steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and biological
properties of the atmospheric air, 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;
c) "Ambient air quality guideline values" mean the concentration of air over
specified periods classified as short-term and 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, and in general, used as basis for taking positive action in
preventing, controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a
broad area; and refers to the atmosphere's average purity as distinguished from
discharge measurements taken at the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of
Environment and Natural Resources to a vehicle manufacturer/assembler or
importer certifying that a particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and
decision-makers which present an evaluation of the environmental quality and
carrying capacity of an area. It is the result of the integration of primary and
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q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the antiknock characteristics of a grade or type of automotive gasoline as determined
by dividing by two (2) the sum of the Research Octane Number (RON), plus the
Motor Octane Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof, whether
imported, manufactured, or assembled by a manufacturer, shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer
recommends for the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that
significantly deplete or otherwise modify the ozone layer in a manner that is
likely to result in adverse effects of human health and the environment such as,
but not limited to, chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that
persist in the environment, bioaccumulate 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;
t) "Poisonous and toxic fumes" means any emissions and fumes which are
beyond internationally - accepted standards, including but not limited to the
World Health Organization (WHO) guideline values;
u) "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 standards established
by the Department;
v) "Pollution control technology" means the pollution control devices, production
process, fuel combustion processes or other means that effectively prevent or
reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air pollutant
which reflects the degree of emission limitation achievable through the
application of the best system of emission reduction, taking into account the
cost of achieving such reduction and any non-air quality health and
environmental impact and energy requirement which the Department
determines, and adequately demonstrates; and
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The adoption of the plan shall clarify the legal effects on the financial, manpower and
budgetary resources of the affected government agencies, and on the alignment of
their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory
approach to the pollution problem. The involvement of private entities in the
monitoring and testing of emissions from mobile and/or stationary sources shall be
considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and
develop an action plan consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air quality standards within their
respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure
for carrying out the action plan for their jurisdiction. The Department, however, shall
maintain its authority to independently inspect the enforcement procedure adopted.
The Department shall have the power to closely supervise all or parts of the air quality
action plan until such time the local government unit concerned can assume the
function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened
by the Department for each LGU to conduct periodic inspections of air pollution
sources to assess compliance with emission limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall
be on the basis of, but not limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion of pollutants in the atmosphere, or
areas which share common interest or face similar development programs, prospects
or problems.
For a more effective air quality management, a system of planning and coordination
shall be established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby
created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and
Natural Resources as chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
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advisory committees, government agencies and LGUs, shall issue, and from time to
time, revise information on air pollution control techniques. Such information shall
include:
(a) Best available technology and alternative
management and control of air pollution;
methods
of
prevention,
(b) Best available technology economically achievable which shall refer to the
technological basis/standards for emission limits applicable to existing, direct
industrial emitters of nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the
eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and
operation, energy requirements, emission reduction benefits, and environmental
impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality
control techniques shall be made available to the general public: Provided, That the
issuance of information on air quality control techniques shall not be construed as
requiring the purchase of certain pollution control devices by the public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The
Department, in coordination with other concerned agencies, shall review and or revise
and publish annually a list of hazardous air pollutants with corresponding ambient
guideline values and/or standard necessary to protect health and safety, and general
welfare. The initial list and values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term
Long Term
Pollutants g/Ncm
ppm
Averaging
Time
g/Ncm ppm
Averaging
Time
230d
24 hours
90
----
1 yeare
-PM-10 150f
24 hours
60
----
1 yeare
Suspended Particulate
Matterc
-TSP
Sulfur Dioxidec
180
0.07
24 hours
80
0.03
1 year
Nitrogen Dioxide
150
0.08
24 hours
----
----
----
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Photochemical
Oxidants
140
0.07
1 hour
----
----
----
As Ozone
60
0.03
8 hours
----
----
----
Carbon Monoxide
35 mg/Ncm 30
1 hour
----
----
----
10 mg/Ncm 9
8 hours
----
----
----
1.5
3 monthsg
1.0
----
1 year
Leadg
----
Arithmetic mean
(b) For National Ambient Air Quality Standards for Source Specific Air
Pollutants from Industrial Sources/Operations:
Pollutants1
Concentration2
Averaging
time
(min.)
Method
of
Analysis/
3
Measurement
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/Ncm
ppm
1. Ammonia
200
0.28
30
Nesselerization/
Phenol
2.
Carbon
Disulfide
30
0.01
30
Tischer Method
3.
Chlorine
and Chlorine
Compounds
expressed as
Cl2
100
0.03
Methyl Orange
4.
Formaldehyde
50
0.04
30
Chromotropic
acid
Method
or
MBTH
Colorimetric Method
5.
Hydrogen
Chloride
200100
0.13
30
Volhard Titration
Iodine Solution
0.07
30
Methylene Blue
30
AASc
6.
Hydrogen
Sulfide
7. Lead
20
8.
Nitrogen
Dioxide
375,260
0.20,0.14
30,60
Greiss- Saltzman
9. Phenol
100
0.03
30
4-Aminoantiphyrine
10.
Sulfur
Dioxide
470,
340
0.18,
0.13
30,60
ColorimetricPararosaniline
11. Suspended
Particulate
Matter-TSP
300
----
60
Gravimetric
Indo
with
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The basis in setting up the ambient air quality guideline values and standards shall
reflect, among others, the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in
combination with other factors may alter the effects on public health or welfare
of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to
produce an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare
which may be expected from presence of such pollutant in the ambient air, in
varying quantities.
The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent than
such standards.
Section 13. Emission Charge System. - The Department, in case of industrial
dischargers, and the Department of Transportation and Communication (DOTC), in
case of motor vehicle dischargers, shall, based on environmental techniques, design,
impose on and collect regular emission fees from said dischargers as part of the
emission permitting system or vehicle registration renewal system, as the case may be.
The system shall encourage the industries and motor vehicles to abate, reduce, or
prevent pollution. The basis of the fees include, but is not limited to, the volume and
toxicity of any emitted pollutant. Industries, which shall install pollution control
devices or retrofit their existing facilities with mechanisms that reduce pollution shall
be entitled to tax incentives such as but not limited total credits and/or accelerated
depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund to
be administered by the Department as a special account in the National Treasury is
hereby established to finance containment, removal, and clean-up operations of the
Government in air pollution cases, guarantee restoration of ecosystems and
rehabilitate areas affected by the acts of violators of this Act, to support research,
enforcement and monitoring activities and capabilities of the relevant agencies, as well
as to provide technical assistance to the relevant agencies. Such fund may likewise be
allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the
Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of
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licenses and permits issued by the Department under this Act, emission fees and from
donations, endowments and grants in the forms of contributions. Contributions to the
Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed
by the Government.
Section 15. Air Pollution Research and Development Program. - The Department,
in coordination with the Department of Science and Technology (DOST), other
agencies, the private sector, the academe, NGOs and POs, shall establish a National
Research and Development Program for the prevention and control of air pollution.
The Department shall give special emphasis to research on and the development of
improved methods having industry-wide application for the prevention and control of
air pollution.
Such a research and development program shall develop air quality guideline values
and standards in addition to internationally-accepted standards. It shall also consider
the socio-cultural, political and economic implications of air quality management and
pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the Department
shall have the authority to issue permits as it may determine necessary for the
prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help
attain and maintain the ambient air quality standards. These permits shall serve as
management tools for the LGUs in the development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial
center that is designated as special airshed to allocate emission quotas to pollution
sources within its jurisdiction that qualify under an environmental impact assessment
system programmatic compliance program pursuant to the implementing rules and
regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the
environmental management plan attached to the environmental compliance certificate
pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the
Department shall require program and project proponents to put up financial
guarantee mechanisms to finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the program or projects actual
implementation. Liability for damages shall continue even after the termination of a
program or project, where such damages are clearly attributable to that program or
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project and for a definite period to be determined by the Department and incorporated
into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental
insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the
guarantee instruments shall furnish the Department with evidence of availment of
such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall, within two
(2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as
the need therefore arises, revise and publish emission standards, to further improve
the emission standards for stationary sources of air pollution. Such emission
standards shall be based on mass rate of emission for all stationary source of air
pollution based on internationally accepted standards, but not be limited to, nor be
less stringent than such standards and with the standards set forth in this section.
The standards, whichever is applicable, shall be the limit on the acceptable level of
pollutants emitted from a stationary source for the protection of the publics health
and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial
plant emitting air pollutants, the concentration at the point of emission shall not
exceed the following limits:
Pollutants
Standard
Source
1. Antimony and
Its compounds
Applicable
to
Maximum
Permissible
Limits
(mg/Ncm)
Method of Analysisa
Any source
10 as Sb
AASb
Any source
10 as As
AASb
3. Cadmium and
its compounds
Any source
10 as Cd
AASb
4.
Monoxide
Carbon
500 as CO
Orsat analysis
100 ax Cu
AASb
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Compounds
6.
Hydrofluoric
Acids and Fluoride
compounds
50 as HF
Titration
Ammonium
Thiocyanate
7.
Sulfide
i)
Geothermal
Power
Plants
ii) Geothermal Exploration
and
well-testing
iii) Any source other than
(i) and (ii)
c.d
e
Cadmium
Method
Sulfide
7 as H2S
Cadmium
Method
Sulfide
8. Lead
Any trade,
process
10 as Pb
AASb
9. Mercury
Any Source
5
as
elemental Hg
AASb/Cold-Vapor
Technique or Hg
Analyzer
Any source
20 as Ni
AASb
11. NOx
i) Manufacture of Nitric
Acid
2,000
as
acid
and
NOx and
calculated as
NO2
Phenol-disulfonic
acid Method
Coal-Fired
Oil-Fired
iii) Any source other than
(i)
adn
(ii)
Existing
Source
New Source
1,500
NO2
Phenol-disulfonic
acid
Method
Any source
200 as P2O5
Hydrogen
12.
Phosphorus
Pentoxideg
industry
or
as
1,000
as
NO2
500 as NO2
with
Phenol-disulfonic
acid Method
1000 as NO2
500 as NO2
Spectrophotometry
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Any source
100 as Zn
AASb
All existing geothermal power plants shall control HsS emissions to not
more than 200g/GMW-Hr. within 5 years from the date of efectivity of
these revised regulations.
d
Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1.
or
Industrial
150 mg/Ncm
b) Other Area
200 mg/Ncm
2.
150 mg/Ncm
3.
Smelting Furnaces
150 mg/Ncm
4.
200 mg/Ncm
Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:
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2.0gm.Ncm
SO3
as
1.5gm.Ncm
SO2
as
1.0gm.Ncm
SO3
as
1.5 gm.Ncm
SO3
as
0.7 gm.Ncm
SO2
as
0.2 gm.Ncm
SO3
as
Total dust
Gaseous
and
vaporous
substances,
expressed as
total organic
Hydrogen
chloride
Hydrogen
fluoride
Sulfur dioxide (SO2)
Nitrogen
monoxide
(NO)
and
Daily
Average
Values
Half Hourly
Average
Values
10 mg/m3
30 mg/m3
organic
10 mg/m3
carbon 10 mg/m3
(HCl) 1
mg/m3
(HF) 50 mg/m3
20
60
4
200
mg/m3
mg/m3
mg/m3
mg/m3
Nitrogen
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10 mg/m3
20 mg/m3
II. All the Average Values Over the Sample Period of a Minimum of 4 and
Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium
total
(Cd)
mg/m3
Thallium and its compounds, expressed as thallium (Tl)
0.05
its
compounds,
expressed
total
3
as mg/m
0.5
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Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan
setting the emission standards or standards of performance for any stationary source
the procedure for testing emissions for each type of pollutant, and the procedure for
enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the
Department in consultation with stakeholders, after a thorough, credible and
transparent measurement process shall be allowed a grace period of eighteen (18)
months for the establishment of an environmental management system and the
installation of an appropriate air pollution control device : Provided, That an extension
of not more than twelve (12) months may be allowed by the Department on
meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of
municipal, biomedical and hazardous waste, which process emits poisonous and toxic
fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to
traditional small-scale method of community/neighborhood sanitation "siga",
traditional,
agricultural,
cultural,
health,
and
food
preparation
and
crematoria; Provided, Further, That existing incinerators dealing with a biomedical
wastes shall be out within three (3) years after the effectivity of this Act;Provided,
Finally, that in the interim, such units shall be limited to the burning of pathological
and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in
their respective jurisdiction a comprehensive ecological waste management that
includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the
use of state-of-the-art, environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal of sorted,
unrecycled, uncomposted, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the
emission standards for motor vehicles set pursuant to and as provided in this Act. To
further improve the emission standards, the Department shall review, revise and
publish the standards every two (2) years, or as the need arises. It shall consider the
maximum limits for all major pollutants to ensure substantial improvement in air
quality for the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective
by the year 2003:
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a) For light duty vehicles, the exhaust emission limits for gaseous pollutants
shall be:
Emission
Limits
Type
(Directive 91/441/EEC)
for
CO
(g/km)
HC
+
(g/km)
NOx
2.72
0.970.14
a
Light
Duty
Vehicles
Approval
PMa
(g/km)
for
Light
Weight CO
(g/km)
Commercial
HC
+ PMa (g/km)
NOx(g/km)
Category 1
1250< RW
2.72
0.97
0.14
Category 2
1250< RW<1700
5.17
1.4
0.19
Category 3
RW>1700
6.9
1.7
0.25
Vehicles
Approval
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants
shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
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CO
HC
NOx
PM
(g/k/Wh)
(g/k/Wh)
(g/k/Wh)
(g/k/Wh)
4.5
1.1
8.0
0.36a
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from
crankcase ventilation system into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an
action plan for the control and management of air pollution from motor vehicles
consistent with the Integrated Air Quality Framework. The DOTC shall enforce
compliance with the emission standards for motor vehicles set by the Department. The
DOTC may deputize other law enforcement agencies and LGUs for this purpose. To
this end, the DOTC shall have the power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in
any area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the
procedures for the inspection of motor vehicles and the testing of their emissions for
the purpose of determining the concentration and/or rate of pollutants discharged by
said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the Department
shall formulate and implement a national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of all motor vehicles. In this
regard, the DTI shall develop and implement standards and procedures for the
certification of training institutions, instructors and facilities and the licensing of
qualified private service centers and their technicians as prerequisite for performing
the testing, servicing, repair and the required adjustment to the vehicle emission
system. The DTI shall likewise prescribe regulations requiring the disclosure of
odometer readings and the use of tamper-resistant odometers for all motor vehicles
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standards for all mobile sources other than those referred to in Sec. 21 of this Act. The
imposition of the appropriate fines and penalties from these sources for any violation
of emission standards shall be under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be
established under Section 7 of this Act, the Department of Energy (DOE), co-chaired
by the Department of Environment and Natural Resources (DENR), in consultation
with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives
of the fuel and automotive industries, academe and the consumers shall set the
specifications for all types of fuel and fuel-related products, to improve fuel
composition for increased efficiency and reduced emissions: Provided, however, that
the specifications for all types of fuel and fuel-related products set-forth pursuant to
this section shall be adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and
fuel-related products. Such standards shall be based primarily on threshold levels of
health and research studies. On the basis of such specifications, the DOE shall
likewise limit the content or begin that phase-out of additives in all types of fuels and
fuel-related products as it may deem necessary. Other agencies involved in the
performance of this function shall be required to coordinate with the DOE and transfer
all documents and information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is
declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or
introduce into commerce unleaded premium gasoline fuel which has an antiknock index (AKI) of not less that 87.5 and Reid vapor pressure of not more
than 9 psi. Within six (6) months after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by
volume and benzene not to exceed four percent (4%) by volume;Provided, that
by year 2003, unleaded gasoline fuel should contain aromatics not to exceed
thirty-five percent (35%) by volume and benzene not to exceed two percent (2%)
by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or
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any person who knows or should know that such vehicle is designed solely for the use
of unleaded gasoline.
Section 29.Prohibition on Manufacture, Import and Sale of leaded Gasoline and
of Engines and/or Components Requiring Leaded Gasoline. - Effective not later
than eighteen (18) months after the enactment of this Act, no person shall
manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise
dispose of, in any manner, leaded gasoline and engines and components requiring the
use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow
non-conforming engines to comply with the use of unleaded fuel within five(5) years
after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and
conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and
other international agreements and protocols to which the Philippines is a signatory,
the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a
list of substances which are known to cause harmful effects on the stratospheric
ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and
Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and greenhouse gases and
coordinate with the Department in order to effectively guide air pollution monitoring
and standard-setting activities.
The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations
Framework Convention on Climate Change and other international agreements,
conventions and protocols on the reduction of greenhouse gas emissions in the
country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period
of two (2) years after the enactment of this Act, establish an inventory list of all
sources of Persistent Organic Pollutants (POPs) in the country. The Department shall
develop short-term and long-term national government programs on the reduction and
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elimination of POPs such as dioxins and furans. Such programs shall be formulated
within a year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of
atomic and/or nuclear energy, and will entail release and emission of radioactive
substances into the environment, incident to the establishment or possession of
nuclear energy facilities and radioactive materials, handling, transport, production,
storage, and use of radioactive materials, shall be regulated in the interest of public
health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other
appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall
be the primary government agency responsible for the implementation and
enforcement of this Act. To be more effective in this regard, The Department's
Environmental Management Bureau (EMB) shall be converted from a staff bureau to a
line bureau for a period of no more than two (2) years, unless a separate,
comprehensive environmental management agency is created.
Section 35. Linkage Mechanism. - The Department shall consult, participate,
cooperate and enter into agreement with other government agencies, or with affected
non-governmental (NGOs) or people's organizations (POs),or private enterprises in the
furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall
share the responsibility in the management and maintenance of air quality within
their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this 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 has not promulgated its standards, the standards set forth in this Act
shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full
administration of the air quality management and regulation within their territorial
jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be
established an Environment and Natural Resources Office in every province, city, or
municipality which shall be headed by the environment and natural resources officer
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and shall be appointed by the Chief Executive of every province, city or municipality in
accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers
and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic act. No. 7160 and this Act
which shall be implemented within its territorial jurisdiction upon the approval
of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the
case may be, in carrying out measures to ensure the delivery of basic services
and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and
rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental
organizations in the implementation of measures to prevent and control air
pollution; and
f) Exercise such other powers and perform such duties and functions as may be
prescribed
by
law
or
ordinance: Provided, however,
That
in
provinces/cities/municipalities where there are no environment and natural
resources officers, the local executive concerned may designate any of his
official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, Finally, That in case an
employee is designated as such, he must have sufficient experience in
environmental and natural resources management, conservation and
utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the
Department. - The Department or its duly accredited entity shall, after proper
consultation and notice, require any person who owns or operates any emissions
source or who is subject to any requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
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(d) sample emission, in accordance with the methods, locations, intervals and
manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables or other
indirect data when direct monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall
have the right of:
(a) entry or access to any premises including documents and relevant materials
as referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment
or method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available
to the public, except upon a satisfactory showing to the Department by the entity
concerned that the record, report or information, or parts thereof, if made public,
would divulge secret methods or processes entitled to protection as intellectual
property. Such record, report or information shall likewise be incorporated in the
Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing air
quality information and education campaign shall promoted by the Department, the
Department of Education, Culture and Sports (DECS), the Department of the Interior
and Local Government (DILG), the Department of Agriculture (DA) and the Philippine
Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall
encourage the participation of other government agencies and the private sector
including NGOs, POs, the academe, environmental groups and other private entities in
a multi-sectoral information campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any affected
person to file an administrative action, the Department shall, on its own instance or
upon verified complaint by any person, institute administrative proceedings against
any person who violates:
(a) Standards or limitation provided under this Act; or
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(b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal
or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or
its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing
rules and regulations: Provided, however, That no suit can be filed until thirtyday (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall likewise, upon prima facie
showing of the non-enforcement or violation complained of, exempt the plaintiff from
the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is
malicious and/or baseless and shall accordingly dismiss the action and award
attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative suit against
such person/entity does not preclude the right of any other person to file any criminal
or civil action. Such civil action shall proceed independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and
the Enforcement of This Act. - Where a suit is brought against a person who filed an
action as provided in Sec. 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination thereof, evidence warranting the same,
the court shall dismiss the case and award attorney's fees and double damages.
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This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, their being no grave abuse of authority, and done
in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines
and penalties imposed pursuant to this Act shall be liens upon personal or immovable
properties of the violator. Such lien shall, in case of insolvency of the respondent
violator, enjoy preference to laborer's wages under Articles 2241 and 2242 of Republic
Act No. 386, otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For actual
exceedance of any pollution or air quality standards under this Act or its rules and
regulations, the Department, through the Pollution Adjudication Board (PAB), shall
impose a fine of not more than One hundred thousand pesos (P100,000.00) for every
day of violation against the owner or operator of a stationary source until such time
that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system
to adjust the maximum fine based on the violator's ability to pay, degree of willfulness,
degree
of
negligence,
history
of
non-compliance
and
degree
of
recalcitrance: Provided, That in case of negligence, the first time offender's ability to
pay may likewise be considered by the Pollution Adjudication Board: Provided, Further,
That in the absence of any extenuating or aggravating circumstances, the amount of
fine for negligence shall be equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every
three (3) years to compensate for inflation and to maintain the deterrent function of
such fines.
In addition to the fines, the PAB shall order closure, suspension of development,
construction, or operations of the stationary sources until such time that proper
environmental safeguards are put in place: Provided, That an establishment liable for
a third offense shall suffer permanent closure immediately. This paragraph shall be
without prejudice to the immediate issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during the
pendency of the case upon prima facie evidence that their is imminent threat to life,
public health, safety or general welfare, or to plant or animal life, or whenever there is
an exceedance of the emission standards set by the Department and/or the Board
and/or the appropriate LGU.
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Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be
registered with the DOTC unless it meets the emission standards set by the
Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such
as, but not limited to smoke-belching, shall be subjected to an emission test by a duly
authorized emission testing center. For this purpose, the DOTC or its authorized
testing center shall establish a roadside inspection system. Should it be shown that
there was no violation of emission standards, the vehicle shall be immediately
released. Otherwise, a testing result indicating an exceedance of the emission
standards would warrant the continuing custody of the impounded vehicle unless the
appropriate penalties are fully paid, and the license plate is surrendered to the DOTC
pending the fulfillment of the undertaking by the owner/operator of the motor vehicle
to make the necessary repairs so as to comply with the standards. A pass shall herein
be issued by the DOTC to authorize the use of the motor vehicle within a specified
period that shall not exceed seven (7) days for the sole purpose of making the
necessary repairs on the said vehicle. The owner/operator of the vehicle shall be
required to correct its defects and show proof of compliance to the appropriate
pollution control office before the vehicle can be allowed to be driven on any public or
subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a
seminar on pollution control management conducted by the DOTC and shall also
suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and
not to exceed Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration
(MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not
more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national
inspection and maintenance program, including technicians and facility compliance
shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or
cancellation of license of both the technician and the center, or both, as determined by
the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle
emissions testing and apprehensions shall undergo a mandatory training on emission
standards and regulations. For this purpose, the Department, together with the
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DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and
private entities shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act. For violations of all other provisions provided in this Act and of the rules and
regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more
than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years
imprisonment or both shall be imposed. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials
directly in charge of the operations shall suffer the penalty herein provided.
Section 48. Gross Violations. - In case of gross violation of this Act or its
implementing rules and regulations, the PAB shall recommend to the proper
government agencies to file the appropriate criminal charges against the violators. The
PAB shall assist the public prosecutor in the litigation of the case. Gross violation
shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the
breaking of seal, padlocks and other similar devices, or operation despite the
existence of an order for closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any
violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not
more than ten (10) years at the discretion of the court. If the offender is a juridical
person, the president, manager, directors, trustees, the pollution control officer or the
officials directly in charge of the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is
hereby authorized to establish a compensation, retraining and relocation program to
assist workers laid off due to a company's compliance with the provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos
(P750,000,000.00) shall be appropriated for the initial implementation of this Act, of
which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be
appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the
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DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One
Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act
shall be included in the General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department, in
coordination with the Committees on Environment and Ecology of the Senate and
House of Representatives, respectively and other agencies, shall promulgate the
implementing rules and regulations for this Act, within one (1) year after the
enactment of this Act:Provided, That rules and regulations issued by other government
agencies and instrumentalities for the prevention and/or abatement of pollution not
inconsistent with this Act shall supplement the rules and regulations issued by the
Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not later
than March 30 of every year following the approval of this Act, the progress of the
pollution control efforts and make the necessary recommendations in areas where
there is need for legislative action.
Section 53. Joint Congressional Oversight Committee. - There is hereby created a
joint congressional oversight committee to monitor the implementation of this Act. The
committee shall be composed of five (5) senators and five (5) representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,
respectively, the oversight committee shall be co-chaired by a senator and a
representative designated by the Senate President and the Speaker of the House of
Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall
be without prejudice to the performance of the duties and functions by the respective
existing oversight committees of the Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the
application of such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision to other
person or circumstances shall not be affected by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed.
Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance, rules and regulations inconsistent herewith
are hereby repealed or modified accordingly.
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Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved, June
23,
1999.
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INTRODUCTION
INTRODUCTION
Nationwide, solid waste management (SWM) has not been among the top
priorities in most local government units (LGUs). Generally, people think that
as long as garbage is collected from their households, their garbage problem
has been solved. For most local chief executives, SWM is about collection of
garbage. As long as the mound of garbage is collected it is a problem of out of
sight and out of mind (ADB, 2004). In many LGUs, solid waste is being
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file some house bills to address environment and sanitation problems, not only
of Metro Manila but for the country as well. With the growing garbage crisis,
the lower and the upper houses of the legislature were finally forced to
accelerate their efforts in order to come up with a comprehensive law that will,
once and for all, help solve the garbage crisis plaguing Metro Manila and the
rest of the country. Thus, at the height of the impeachment trial of the then
President Joseph Estrada, a new law was enacted. This law, a consolidation of
House Bill No. 10651 and Senate Bill No. 1595, was finally passed by the
House of Representatives and the Senate onDecember 20, 2000 and December
12, 2000, respectively. This consolidated bill was signed into law by President
Gloria Macapagal Arroyo on January 26, 2001 and is now known as the
Republic Act 9003 or the Ecological Solid Waste Management Act of 2000.
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Administrative/management issues
As in any case, political will of the local chief executives play a major role in the
success of implementation of SWM programs. Although SWM awareness is
high among them, there still seems a negative attitude from the local officials.
This negative attitude as well as a lack of initiative and responsibility among
officials in carrying out the provisions of the law definitely hinders its
implementation. Without much support from the local officials, national
programs and agenda such as the Ecological Solid Waste Management Act will
not go any further than the existing method of collection and disposal of
garbage in open dumps in their localities. In some localities, proper
implementation of solid waste management does not seem to be a priority as
opposed to infrastructure projects such as the building of a new market,
bridge, roads or some other infrastructure facilities. Not all LGUs have
complied with the creation of mandatory ten-year SWM plans. While most of
them have tried to create their SWM boards, these are oftentimes not
functional.
The term of office of the local officials also play a crucial role in the
implementation of the provisions of the Act. A mayor has a very short term (3years) of office. This short term could hinder implementation since he has his
hands full of many other programs. A comprehensive SWM may not be
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Technical issues
As mandated by the Act, each LGU, through its solid waste management board,
is tasked to create a ten-years SWM plan, in order to help them carry out the
provisions of the law. However, according to the NSWMC, most LGUs have
communicated that they do not have the technical capability to do this on their
own. They need a lot of help in the formulation of their SWM plans from the
national government in coordination with other agencies.
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A. INTRODUCTION
President Gloria Macapagal-Arroyo signed Republic Act No.9003 into law on 26
January 2001. It is the first bill enacted immediately after EDSA 2.Short-titled
Ecological Solid Waste Management Act of 2000; it is by farther most
comprehensive piece of legislation to address the countrys garbageproblem.
This paper recognizes that effective implementation of the law needs to proceed
beyond the ideal circumstances. If not, an end result would be a perpetuation
of the problems it sought to address. It seeks not to duplicate the
implementation problems encountered by another landmark law the Clean
Air Act.
Last year, Metro Manila generated an estimate of 5,948 tons of solid waste per
day. Within five (5) years after the effectively of RA 9003, approximately 1,500
tons should be diverted from simply disposable to recycled, re-used or compost
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(h) Controlled dump shall refer to a disposal site at which solid waste is
deposited in accordance with the minimum prescribed standards of site
operation;
(i) Department shall refer to the Department of Environment and Natural
Resources;
(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or
placing of any solid waste into or in a land;
(k) Disposal site shall refer to a site where solid waste is finally discharged and
deposited;
(l) Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source, segregated
transportation, storage, transfer, processing, treatment, and disposal of solid
waste and all other waste management activities which do not harm the
environment;
(m) Environmentally acceptable shall refer to the quality of being re-usable,
biodegradable or compostable, recyclable and not toxic or hazardous to the
environment;
(n) Generation shall refer to the act or process of producing solid waste;
(o) Generator shall refer to a person, natural or juridical, who last uses a
material and makes it available for disposal or recycling;
(p) Hazardous waste shall refer to solid waste management or combination of
solid waste which because of its quantity, concentration or physical, chemical
or infectious characteristics may:
(1) cause, or significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed;
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(q) Leachate shall refer to the liquid produced when waste undergo
decomposition, and when water percolate through solid waste undergoing
decomposition. It is contaminated liquid that contains dissolved and
suspended materials;
(r) Materials recovery facility - includes a solid waste transfer station or sorting
station, drop-off center, a composting facility, and a recycling facility;
(s) Municipal waste shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters;
(t) Open dump shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and consideration
for environmental and Health standards;
(u) Opportunity to recycle shall refer to the act of providing a place for
collecting source-separated recyclable material, located either at a disposal site
or at another location more convenient to the population being served, and
collection at least once a month of source-separated recyclable material from
collection service customers and to providing a public education and promotion
program that gives notice to each person of the opportunity to recycle and
encourage source separation of recyclable material;
(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights
and obligations, or of being the subject of legal relations;
(w) Post-consumer material shall refer only to those materials or products
generated by a business or consumer which have served their intended end
use, and which have been separated or diverted from solid waste for the
purpose of being collected, processed and used as a raw material in the
manufacturing of recycled product, excluding materials and by-products
generated from, and by-products generated from, and commonly used within
an original manufacturing process, such as mill scrap;
(x) Receptacles shall refer to individual containers used for the source
separation and the collection of recyclable materials;
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(y) Recovered material shall refer to material and by products that have been
recovered or diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacture of a recycled
product;
(z) Recyclable material shall refer to any waste material retrieved from the
waste stream and free from contamination that can still be converted into
suitable beneficial use or for other purposes, including, but not limited to,
newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated
cardboard, aluminum, glass, office paper, tin cans and other materials as may
be determined by the Commission;
(aa) Recycled material shall refer to post-consumer material that has been
recycled and returned to the economy;
(bb) Recycling shall refer to the treating of used or waste materials through a
process of making them suitable for beneficial use and for other purposes, and
includes any process by which solid waste materials are transformed into new
products in such a manner that the original product may lose their identity,
and which maybe used as raw materials for the production of other goods or
services: Provided, That the collection, segregation and re-use of previously
used packaging material shall be deemed recycling under this Act;
(cc) Resource conversation shall refer to the reduction of the amount of solid
waste that are generated or the reduction of overall resource consumption, and
utilization of recovered resources;
(dd) Resources recovery shall refer 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: Provided,
that such resource recovery facilities exclude incineration;
(ee) Re-use shall refer to the process of recovering materials intended for the
same or different purpose without the alteration of physical and chemical
characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed,
operated and maintained in a manner that exerts engineering control over
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C. INSTITUTIONAL MECHANISM
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(g) A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging industry; and
(j) A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the board.
The Provincial Solid Waste Management Board may, from time to time, call on
any other concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or
packaging industries shall be selected through a process designed by
themselves and shall be endorsed by the government agency of representatives
of the Board: Provided, further, that in the Province of Palawan, the Board shall
be chaired by the chairman of the Palawan Council for Sustainable
Development, pursuant to Republic Act No. 7611.
In the case of Metro Manila, the Board shall be chaired by the chairperson of
the MMDA and its members shall include:
(i) all mayors of its component cities and municipalities;
(ii) a representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;
(iii) a representative from the recycling industry; and
(iv) a representative from the manufacturing or packaging industry.
The Board may, from time to time, call on any other concerned agencies or
sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or
packaging industries shall be selected through a process designed by
themselves and shall be endorsed by the government agency representatives of
the Board.
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The Provincial Solid Waste Management Board shall have the following
functions and responsibilities:
(1) Develop a provincial solid waste management plan from the submitted solid
waste management plans of the respective city and municipal solid waste
management boards herein created. It shall review and integrate the submitted
plans of all its component cities and municipalities and ensure that the various
plans complement each other, and have the requisite components. The
Provincial Solid Waste Management Plan shall be submitted to the Commission
for approval.
The Provincial Plans shall reflect the general program of action and initiatives
of the provincial government and implementing a solid waste management
program that would support the various initiatives of its component cities and
municipalities.
(2) Provide the necessary logistical and operational support to its component
cities and municipalities in consonance with subsection (f) of Sec.17 of the
Local Government Code;
(3) Recommend measures and safeguards against pollution and for the
preservation of the natural ecosystem;
(4) Recommend measures to generate resources, funding and implementation
of project and activities as specified in the duly approved solid waste
management plans;
(5) Identify areas within its jurisdiction which have common solid waste
management problems and are appropriate units are planning local solid waste
management services in accordance with Section 41 hereof;
(6) Coordinate the efforts of the component cities and municipalities in the
implementation of the Provincial Solid Waste Management Plan;
(7) Develop an appropriate incentive scheme as an integral component of the
Provincial Solid Waste Management Plan;
(8) Convene joint meetings of the provincial, city and municipal solid waste
management boards at least every quarter for purposes of integrating,
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(7) Review every two (2) years or as the need arises the City or Municipal Solid
Waste Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international developments
in the field of solid waste management;
(8) Develop the specific mechanics and guidelines for the implementation of the
City or Municipal Solid Waste Management Plan;
(9) Recommended to appropriate local government authorities specific
measures or proposals for franchise or build-operate-transfer agreements with
duly recognized institutions, pursuant to R.A.6957, to provide either exclusive
or non-exclusive authority for the collection, transfer, storage, processing,
recycling or disposal of municipal solid waste. The proposals shall take into
consideration appropriate government rules and regulations on contracts,
franchise and build-operate-transfer agreements;
(10) Provide the necessary logistical and operational support to its component
cities and municipalities in consonance with subsection (f) of Sec. 17 of the
Local Government Code;
(11) Recommended measures and safeguards against pollution and for the
preservation of the natural ecosystem; and
(12) Coordinates the efforts of its components barangays in the implementation
of the city or municipal Solid Waste Management Plan.
The Components of the Local Government Solid Waste Management Plan - The
solid waste management plan shall include, but not limited to, the following
components:
(a) City or Municipal Profile - The plan shall indicate the following background
information on the city or municipality and its component barangays, covering
important highlights of the distinct geographic and other conditions:
(1) Estimated population of each barangay within the city or municipality and
population project for a 10-year period;
(2) Illustration or map of the city/municipality, indicating locations of
residential, commercial, and industrial centers, and agricultural area, as well
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as dump, landfills and other solid waste facilities. The illustration shall indicate
as well, the proposed sites for disposal and other solid waste facilities;
(3) Estimated solid waste generation and projection by source, such as
residential, market, commercial, industrial, construction/ demolition, street
waste, agricultural, agro-industrial, institutional, other waste; and
(4) Inventory of existing waste disposal and other solid waste facilities and
capacities.
(b) Waste characterization - For the initial source reduction and recycling
element of a local waste management plan, the LGU waste characterization
component shall identify the constituent materials which comprise the solid
waste generated within the jurisdiction of the LGU. The information shall be
representative of the solid waste generated and disposed of within the area. The
constituent materials shall be identified by volume, percentage in weight or its
volumetric equivalent, material type, and source of generation which includes
residential, commercial, industrial, governmental, or other materials. Future
revisions of waste characterization studies shall identify the constituent
materials which comprise the solid waste disposed of at permitted disposal
facilities.
(c) Collection and Transfer - The plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area in every
barangay. The barangay shall be responsible for ensuring that 100% collection
efficiency from residential, commercial, industrial and agricultural sources,
where necessary within its area of coverage, is achieved. Toward this end, the
plan shall define and identify the specific strategies and activities to be
undertaken by its component barangays, taking into account the following
concerns:
(1) Availability and provision of properly designed containers or receptacles in
selected collection points for the temporary storage of solid waste while
awaiting collection and transfer to processing sites or to final disposal sites;
(2) Segregation of different types of solid waste for re-use, recycling and
composting;
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(3) Hauling and transfer of solid waste from source or collection points to
processing sites or final disposal sites;
(4) Issuance and enforcement of ordinances to effectively implement a collection
system in the barangay; and
(5) Provision of properly trained officers and workers to handle solid waste
disposal.
The plan shall define and specify the methods and systems for the transfer of
solid waste from specific collection points to solid waste management facilities.
(d) Processing - The Plan shall define the methods and the facilities required to
process the solid waste, including the use of intermediate treatment facilities
for composting, recycling, conversion and other waste processing systems.
Other appropriate waste processing technologies may also be considered
provided that such technologies conform to internationally-acceptable and
other standards set in other standards set in other laws and regulations.
(e) Source reduction - The source reduction component shall include a program
and implementation schedule which shows the methods by which the LGU will,
in combination with the recycling and composting components, reduce a
sufficient amount of solid waste disposed of in accordance with the diversion
requirements of Sec. 20.
The source reduction component shall describe the following:
(1) strategies in reducing the volume of solid waste generated at source;
(2) measures for implementing such strategies and the resources necessary to
carry out such activities;
(3) other appropriate waste reduction technologies that may also be considered,
provided that such technologies conform to the standards set pursuant to this
Act;
(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;
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(5) the methods that the LGU will use to determine the categories of solid
wastes to be diverted from disposal at a disposal facility through re-use,
recycling and composting; and
(6) new facilities and expansion of existing facilities which will be needed to
implement re-use, recycling and composting.
The LGU source reduction component shall include the evaluation and
identification of rate structures and fees for the purpose of reducing the
amount of waste generated, an other source reduction strategies, including but
not limited to, programs and economic incentives provided under Sec. 46 of
this Act to reduce the use of non-recyclable materials, replace disposable
materials and products with reusable materials and products, reduce
packaging, and increase the efficiency of the use of paper, cardboard, glass,
metal, and other materials. The waste reduction activities of the community
shall also take into account, among others, local capability, economic viability,
technical requirements, and social concerns' disposition of residual waste and
environmental impact: Provided, That, projection of future facilities needed and
estimated cost shall be incorporated in the plan.
(f) Recycling - The recycling component shall include a program and
implementation schedule which shows the methods by which the LGU shall, in
combination with source reduction and composting components, reduce a
sufficient amount of solid waste disposed of in accordance with the diversion
requirements set in Sec .20.
The LGU recycling component shall describe the following:
(1) The types of materials to be recycled under the programs;
(2) The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through recycling; and
(3) New facilities and expansion of existing facilities needed to implement the
recycling component.
The LGU recycling component shall described methods for developing the
markets for recycled materials, including, but not limited to, an evaluation of
the feasibility of procurement preferences for the purchase of recycled
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products. Each LGU may determine and grant a price preference to encourage
the purchase of recycled products.
The five-year strategy for collecting, processing, marketing and selling the
designated recyclable materials shall take into account persons engaged in the
business of recycling or persons otherwise providing recycling services before
the effectivity of this Act. Such strategy may be base upon the results of the
waste composition analysis performed pursuant to this Section or information
obtained in the course of past collection of solid waste by the local government
unit, and may include recommendations with respect to increasing the number
of materials designated for recycling pursuant to this Act.
The LGU recycling component shall evaluate industrial, commercial,
residential, agricultural, governmental and other curbside, mobile, drop-off and
buy-back recycling programs, manual and automated materials recovery
facilities, zoning, building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall indicate the
specific measures to be undertaken to meet the waste diversion specified under
Sec. 20 of this Act.
Recommended revisions to the building ordinances, requiring newlyconstructed buildings and buildings undergoing specified alterations to contain
storage space, devices or mechanisms that facilitate source separation and
storage of designated recyclable materials to enable the local government unit
to efficiently collect, process, market and sell the designated materials. Such
recommendations shall include, but shall not be limited to separate chutes to
facilitate source separation in multi-family dwellings, storage areas that
conform to fire and safety code regulations, and specialized storage containers.
The Solid Waste Management Plan shall indicate the specific measures to be
undertaken to meet the recycling goals pursuant to the objectives of this Act.
(g) Composting - The composting component shall include a program and
implementation schedule which shows the methods by which the LGU shall, in
combination with the source reduction and recycling components, reduce a
sufficient amount of solid waste disposed of within its jurisdiction to comply
with the diversion requirements of Sec. 20 hereof.
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The plan shall likewise indicate specific projects, activities, equipment and
technological requirements for which outside sourcing of funds or materials
may be necessary to carry out the specific components of the plan. It shall
define the specific uses for its resource requirement s and indicate its costs.
The plan shall likewise indicate how the province, city or municipality intends
to generate the funds for the acquisition of its resource requirements. It shall
also indicate if certain resource requirements are being or will be sourced from
fees, grants, donations, local funding and other means. This will serve as basis
for the determination and assessment of incentives which may be extended to
the province, city or municipality as provided for in Sec. 45 of this Act.
(l) Privatization of solid waste management projects - The plan shall likewise
indicate specific measures to promote the participation of the private sector in
the management of solid wastes, particularly in the generation and
development of the essential technologies for solid waste management. Specific
projects or component activities of the plan which may be offered as private
sector investment activity shall be identified and promoted as such.
Appropriate incentives for private sector involvement in solid waste
management shall likewise be established and provided for in the plan, in
consonance with Sec. 45 hereof and other existing laws, policies and
regulations; and
(m) Incentive programs - A program providing for incentives, cash or otherwise,
which shall encourage the participation of concerned sectors shall likewise be
included in the plan.
D. KINDS OF WASTES
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E. SYSTEM OF RA 9003
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Throughout this system, the use of new and appropriate technology will be
significant. This responsibility is vested upon the National Ecology Center. For
one, the technology for recycling should not incur more costs than benefits in
terms of income or usefulness of the recycled product, and must be of
comparable quality to existing products. Another would be the shift from the
use of inorganic to organic fertilizers. However, this usually affects crop yield
negatively, thus it is often unacceptable to poor and marginalized farmers who
comprise a large majority of the population.
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The measure does not clearly provide the specifics on how and where to
dispose wastes being generated domestically by the local industry and
hospitals. Apart from 177 hospitals and industries using incinerators that are
now banned in compliance with the Clean Air Act, what do we do with the
wastes generated by clinics, medical facilities, manufacturing industries, and
even special wastes generated by households, which comprise 1-2% of the
wastes?
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(c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composting, recycling, re-use, recovery, green charcoal process, and others,
before collection, treatment and disposal in appropriate and environmentally
sound solid waste management facilities in accordance with ecologically
sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practice in ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery;
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management
with local government units while establishing a cooperative effort among the
national government, other local government units, non- government
organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through
the application of market-based instruments;
(i) Institutionalize public participation in the development and implementation
of national and local integrated, comprehensive, and ecological waste
management programs; and
(j) Strength the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and
non-formal education in order to promote environmental awareness and action
among the citizenry.
G. POLICIES
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Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization measures,
including composting, recycling, re-use, recovery, green charcoal process, and
others, before collection, treatment and disposal in appropriate and
environmentally sound solid waste management facilities in accordance with
ecologically sustainable development principles
Encourage
management
greater
private
sector
participation
in
solid
waste
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H. INCENTIVES
Incentives. (a) Rewards, monetary or otherwise, shall be provided to individuals, private
organizations and entitles, including non-government organizations that have
undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in re-use, recycling and reduction. Said rewards shall
be sourced from the Fund herein created.
(b) An incentive scheme is hereby provided for the purpose of encouraging
LGUs, enterprises, or private entities, including NGOs, to develop or undertake
an effective solid waste management, or actively participate in any program
geared towards the promotion thereof as provided for in this Act.
(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise
known as the Omnibus Investments Code, the following tax incentives shall be
granted:
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles Within ten (10) years upon effectively of this Act, LGUs, enterprises or private
entities shall enjoy tax and duty free importation of machinery, equipment,
vehicles and spare parts used for collection, transportation, segregation,
recycling, re-use and composing of solid wastes: Provided, That the importation
of such machinery, equipment, vehicle and spare parts shall comply with the
following conditions:
(i) They are not manufactured domestically in sufficient quantity, of
comparable quality and at reasonable prices;
(ii) They are reasonably needed and will be used actually, directly and
exclusively for the above mentioned activities;
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(iii) The approval of the Board of Investment (BOI) of the DTI for the importation
of such machinery, equipment, vehicle and spare parts.
Provided, further, That the sale, transfer or disposition of such machinery,
equipment, vehicle and spare parts, without prior approval of the (BOI), within
five (5) years from the date of acquisition shall be prohibited, otherwise, the
LGU concerned, enterprise or private entities and the vendee, transferee, or
assignee shall be solidarity liable to pay twice the amount of tax and duty
exemption given it.
(b) Tax Credit on Domestic Equipment - Within ten (10) years from the
effectivity of this Act, a tax credit equivalent to 50% of the value of the national
internal revenue taxes and customs duties that would have been waived on the
machinery, equipment, vehicle and spare parts, had these items been imported
shall be given to enterprises, private entities, including NGOs, subject to the
same conditions and prohibition cited in the preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts
and donations to LGUs, enterprises or private entities, including NGOs, for the
support and maintenance of the program for effective solid waste management
shall be exempt from all internal revenue taxes and customs duties, and shall
be deductible in full from the gross income of the donor for income tax
purposes.
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax
incentives under this Act shall also be entitled to applicable non-fiscal
incentives provided for under E.O. 226, otherwise known as the Omnibus
Investments Code.
The Commission shall provide incentives to businesses and industries that are
engaged in the recycling of wastes and which are registered with the
Commission and have been issued ECCs in accordance with the guidelines
established by the Commission. Such incentives shall include simplified
procedures for the importation of equipment, spare parts, new materials, and
supplies, and for the export of processed products.
(3) Financial Assistance Program. - Government financial institutions such as
the Development Bank of the Philippines (DBP), Landbank of the Philippines
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Controlled Dump
Leachate
Open Dump
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LGUs, which constitutes the use of open dumps for solid wastes, be
allowed after the effectivity of this Acts: Provided, That within three years after
the effectivity of this Act, every LGU shall convert its open dumps into
controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act:
Provided, further, That no controlled dumps shall be allowed five years
following the effectivity of this Act.
Basic record-keeping
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The site should have an adequate quantity of earth cover material that is
easily handled and compacted
The site must be chosen with regard for the sensitivities of the
communitys residents
The site must be located in an area where the landfills operation will not
detrimentally affect environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area
The site chosen should facilitate developing a landfill that will satisfy
budgetary constraints, including site development, operation for many years,
closure, post-closure care and possible remediation costs
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Post-closure care procedure - During this period, the landfill owner shall be
responsible for providing for the general upkeep of the landfill, maintaining all
of the landfills environmental protection features, operating monitoring
equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.
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(1) Each point of access from a public road shall be posted with an easily
visible sigh indicating the facility name and other pertinent information as
required by the Department;
(2) If the site is open to the public, there shall be an easily visible sign at the
primary entrance of the site indicating the name of the site operator, the
operator's telephone number, and hours of operation; an easily visible sign at
an appropriate point shall indicate the schedule of changes and the general
types of materials which will either be accepted or not;
(3) If the site is open to the public, there shall be an easily visible road sign
and/or traffic control measures which direct traffic to the active face and other
areas where wastes or recyclable materials will be deposited; and
(4) Additional signs and/or measures may be required at a disposal site by the
Department to protect personnel and public health and safety;
(e) Monitoring of quality of surface, ground and effluent waters, and gas
emissions;
(f) The site shall be designed to discourage unauthorized access by persons and
vehicles by using a perimeter barrier or topographic constraints. Areas within
the site where open storage, or pounding of hazardous materials occurs shall
be separately fenced or otherwise secured as determined by the Department.
The Department may also require that other areas of the site be fenced to
create an appropriate level of security;
(g) Roads within the permitted facility boundary shall be designed to minimize
the generation of dust and the tracking of material onto adjacent public roads.
Such roads shall be kept in safe condition and maintained such that vehicle
access and unloading can be conducted during inclement weather;
(h) Sanitary facilities consisting of adequate number of toilets and hand
washing facilities shall be available to personnel at or in the immediate vicinity
of the site;
(i) Safe and adequate drinking water supply for the site personnel shall be
available;
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(j) The site shall have communication facilities available to site personnel to
allow quick response to emergencies;
(k) Where operations are conducted during hours of darkness, the site and/or
equipment shall be equipped with adequate lighting as approved by the
Department to ensure safety and to monitor the effectiveness of operations;
(l) Operating and maintenance personnel shall wear and use appropriate safety
equipment as required by the Department;
(m) Personnel assigned to operate the site shall be adequately trained in
subject pertinent to the site operation and maintenance, hazardous materials
recognition and screening, and heavy equipment operations, with emphasis on
safety, health, environmental controls and emergency procedures. A record of
such training shall be placed in the operating record;
(n) The site operator shall provide adequate supervision of a sufficient number
of qualified personnel to ensure proper operation of the site in compliance with
all applicable laws, regulations, permit conditions and other requirements. The
operator shall notify the Department and local health agency in writing of the
names, addresses, and telephone number of the operator or responsible party.
A copy of the written notification shall be placed in the operation record;
(o) Any disposal site open to the public shall have an attendant present during
public operating hours or the site shall be inspected by the operator on a
regularly scheduled basis, as determined by the Department;
(p) Unloading of solid wastes shall be confined to a small area as possible to
accommodate the number of vehicles using the area without resulting in traffic,
personnel, or public safety hazards. Waste materials shall normally be
deposited at the toe of the fill, or as otherwise approved by the Department;
(q) Solid waste shall be spread and compacted in layers with repeated passages
of the landfill equipment to minimize voids within the cell and maximize
compaction. The loose layer shall not exceed a depth approximately two feet
before compaction. Spreading and compacting shall be accomplished as rapidly
as practicable, unless otherwise approved by the Department;
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(r) Covered surfaces of the disposal area shall be graded to promote lateral
runoff of precipitation and to prevent pounding. Grades shall be established of
sufficient slopes to account for future settlement of the fill surface. Other
effective maintenance methods may be allowed by the Department; and
(s) Cover material or native material unsuitable for cover, stockpiled on the site
for use or removal, shall be placed so as not to cause problems or interfere with
unloading, spreading, compacting, access, safety drainage, or other operations.
K. SEGREGATION OF WASTE
Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative
roles for the public and private sectors in providing collection services, type of
collection system, or combination of systems, that best meet their needs:
Provided, That segregation of wastes shall primarily be conducted at the
source, to include household, institutional, industrial, commercial and
agricultural sources: Provided, further; That wastes shall be segregated into the
categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government
unit shall promulgate regulations requiring the owner or person in charge of
such premises to:
(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the
municipality or private center; and
(b) notify the occupants of each building of the requirements of this Act and the
regulations promulgated pursuant thereto.
Requirements for the Segregation and Storage of Solid Waste - The following
shall be the minimum standards and requirements for segregation and storage
of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources:
Provided, that in the case of bulky waste, it will suffice that the same be
collected and placed in a separate designated area; and
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(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as "compostable", "non-recyclable", "recyclable"
or "special waste or any other classification as may be determined by the
Commission.
Requirements for Collection of Solid Wastes - The following shall be the
minimum standards and requirements for the collection of solid waste:
(a) All collectors and other personnel directly dealing with collection of solid
waste shall be equipped with personal protective equipment to protect them
from the hazards of handling wastes;
(b) Necessary training shall be given to the collectors and personnel to ensure
that the solid wastes are handled properly and in accordance with the
guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a manner which prevents damage
to the container and spillage or scattering of solid waste within the collection
vicinity.
Requirements for the Transport of Solid Waste - The use of separate collection
schedules and/or separate trucks or haulers shall be required for specific types
of wastes. Otherwise, vehicles used for the collection and transport of solid
wastes shall have the appropriate compartments to facilitate efficient storing of
sorted wastes while in transit.
Vehicles shall be designed to consider road size, condition and capacity to
ensure the sage and efficient collection and transport of solid wastes.
The waste compartment shall have a cover to ensure the containment of solid
wastes while in transit.
For the purpose of identification, vehicles shall bear the body number, the
name, and the telephone number of the contractor/agency collecting solid
waste.
Guidelines for Transfer Stations - Transfer stations shall be designed and
operated for efficient waste handling capacity and in compliance with
environmental standards and guidelines set pursuant to this Act and other
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Notwithstanding any other provisions to the contrary, this section shall not
apply to:
(a) Packaging used at hospitals, nursing homes or other medical facilities; and
(b) Any packaging which is not environmentally acceptable, but for which there
is no commercially available alternatives as determined by the Commission.
The Commission shall annually review and update the list of prohibited nonenvironmentally acceptable products.
Prohibition on the Use of Non-Environmentally Acceptable Packaging - No
person owning, operating or conducting a commercial establishment in the
country shall sell or convey at retail or possess with the intent to sell or convey
at retail any products that are placed, wrapped or packaged in or on packaging
which is not environmentally acceptable packaging: Provided, That the
Commission shall determine a phase-out period after proper consultation and
hearing with the stakeholders or with the sectors concerned. The presence in
the commercial establishment of non-environmentally acceptable packaging
shall constitute a rebuttable presumption of intent to sell or convey the same
at retail to customers.
Any person who is a manufacturer, broker or warehouse operator engaging in
the distribution or transportation of commercial products within the country
shall file a report with the concerned local government within one (1) year from
the effectivity of this Act, and annually thereafter, a listing of any products in
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Fines and Penalties (a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1, 000.00) or render community service for
not less than one (1) day to not more than fifteen (15) days to an LGU where
such prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be
punished with a fine of not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1,000.00) or imprisonment of not less than
one (1) day but to not more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
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imprisonment of not less than fifteen (15) day but to not more than six (6)
months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,000.00) plus and amount not less than five percent (5%) but not more
than ten percent (10%) of his net annual income during the previous year.
The additional penalty of imprisonment of a minimum period of one (1) year
but not to exceed three (3) years at the discretion of the court shall be imposed
for second or subsequent violations of Sec. 48, pars. (9) and (10).
(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction,
be punished with a fine not less than Ten thousand pesos (P10,000.00) but not
more than Two hundred thousand pesos (P200,000.00) or imprisonment of not
less than thirty (30) days but not more than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or
imprisonment not less than one (1) year but not more than six (6) years, or
both.
If the offense is committed by a corporation, partnership, or other juridical
identity duly recognized in accordance with the law, the chief executive officer,
president, general manager, managing partner or such other officer-in-charge
shall be liable for the commission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed
above, be deported without further administrative proceedings.
The fines herein prescribed shall be increased by at lest ten (10%) percent
every three (3) years to compensate for inflation and to maintain the deterrent
functions of such fines.
Administrative Sanctions - Local government officials and officials of
government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively
in accordance with R.A. 7160 and other existing laws, rules and regulations
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ACT
Littering, throwing, dumping of waste matters in public places
PENALTY
Fine -P300-P1, 000, or Community service - 1-15 days in LGU where violation
was made, or both.
ACT
Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
or establish pursuant to RA 9003
PENALTY
Fine - P300-P1000, or imprisonment - 1-15 days, or both
ACT
Open burning of SW
PENALTY
Fine-P300-P1 000, or Imprisonment - 1-15 days, or both
ACT
Causing or permitting collection of non- segregated or unsorted SW
PENALTY
Fine -P1, 000-P3 000, or Imprisonment - 1-15 days, or both
ACT
Mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in SW collection or disposal
PENALTY
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First Offense Fine -P5,000 + 5-10% of net income during the previous year
ACT
Importation of consumer products packaged in non-environmentally acceptable
materials
PENALTY
First Offense Fine -P500,000 + 5-10% of net income during previous
year
ACT
Importation of toxic wastes misrepresented as recyclable or with recyclable
content
PENALTY
Fine -P10,000-P200,000, or Imprisonment - 30 days -3 years, or both
ACT
Transport and dumping in bulk of collected domestic, industrial, commercial
and institutional wastes in areas other than center or facilities prescribed
under RA 9003
PENALTY
Fine -P10,000-P200,000, or Imprisonment - 30 days -3years, or both.
ACT
Site preparation, construction, expansion or operation of waste management
facilities w/o ECC and not conforming with the land use plan of LGU
PENALTY
Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both
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ACT
Construction of establishmentw/in 200 m from open dumps orsanitary
landfills
PENALTY
Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both.
ACT
Construction and operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir or watershed area and/or any portions thereof
PENALTY
Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both
I. RECYCLING VS RE-USE
Recycling
Re-Use
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Eco-labeling
The DTI shall formulate and implement a coding system for packaging
materials and products to facilitate waste and recycling and re-use
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All sources of sewage and septage are required to comply with the law.
How will the discharge of wastewater be discouraged?
Anyone discharging wastewater into a water body will have to pay a wastewater
charge. This economic instrument which will be developed in consultation with all
concerned stakeholders is expected to encourage investments in cleaner production
and pollution control technologies to reduce the amount of pollutants generated and
discharged.
Effluent trading per management area will also be allowed.
Rewards will also be given to those whose wastewater discharge is better than the
water quality criteria of the receiving body of water. Fiscal and non-fiscal incentives
will also be given to LGUs, water districts, enterprise, private entities and individuals
who develop and undertake outstanding and innovative projects in water quality
management.
What safeguards are provided for?
All possible dischargers are required to put up an environmental guarantee fund (EGF)
as part of their environmental management plan. The EGF will finance the
conservation of watersheds and aquifers, and the needs of emergency response, clean
up or rehabilitation.
What are the prohibited acts under R.A. 9275?
Among others, the Act prohibits the following:
Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid
required permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid waste.
Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic.Act No. 6969)
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management Area
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Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports and
records by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969,
into water bodies.
Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.
What are the fines and penalties imposed on polluters?
The following are among the fines and penalties for violators of this Act and its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less than Php 10,000
but not more than Php 200,000.
Failure to undertake clean-up operations willfully shall be punished by imprisonment
of not less than two years and not more than four years. This also includes a fine of
not less than Php 50,000 and not more than Php 100,000 per day of violation. Failure
or refusal to clean up which results in serious injury or loss of life or lead to
irreversible water contamination of surface, ground, coastal and marine water shall be
punished with imprisonment of not less than 6 years and 1 day and not more than 12
years and a fine of Php 500,000/day for each day the contamination or omission
continues.
In cases of gross violation, a fine of not less than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of violation. Criminal charges may also be
filed.
Who should implement the Clean Water Act?
The DENR is the primary government agency responsible for the implementation and
enforcement of this Act, with the support of other government organizations, local
government units, non -government organizations and the private sector.
Towards this end, the DENR will review and set affluent standards, review and enforce
water quality guidelines, classify groundwater sources and prepare a national
groundwater vulnerability map, classify or reclassify water bodies, establish
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Beneficial Use
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Class AA
Class A
Class B
Class C
Class D
___________________
In general, this refers to current best beneficial use that is expected to last, at least, for
the next 10 to 20 years. In special cases when dictated by political, economic, social,
public health, environmental and other considerations, certain waters may be classified
according to the intended or future beneficial use (e.g. Pasig River, TullahanTenejeros,etc.
(b) Coastal and Marine Waters
Classification
Class SA
Beneficial Use
1)
Waters suitable for the propagation, survival
and harvesting ofshellfish for commercial purposes;
2)
Tourist zones and national marine parks and
reserves established under Presidential Proclamation
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No.
1801;
existing
laws and/or
declared as such by appropriate
government
agency.
3)
Coral reef parks and reserves designated by law
and concerned authorities.
Class SB
Class SC
Class SD
1)
Recreational Water Class I (Areas regularly
used by thepublic for bathing, swimming, skin diving,
etc.);
2)
Fishery Water Class I (Spawning areas for
Chanoschanosor"Bangus" and similar species).
1)
Recreational Water Class II (e.g. boating, etc.);
2)
Fishery Water Class II (Commercial and
sustenance fishing);
3)
Marshy and/or mangrove areas declared as fish
and wildlifesanctuaries;
1)
Industrial Water Supply Class II (e.g. cooling,
etc.);
2)
Other coastal and marine waters, by their
quality, belong to this classification
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Parameter
Protected
Waters
Protected
Waters
Deleterious
Substance
Marine
Waters
Marine
Waters
Class SC
Class SD
OEI
NPI
OEI NPI
Inland
Waters
Unit Category I
Category II
Class C
(Class AA & (Class A,B &
SA)
SB)
OEI NPI
OEI NPI
OEI NPI
Arsenic
mg/L
0.2
Cadmium
mg/L
Chromium
(hexavalent)
mg/L
Cyanide
mg/L
Lead
mg/L
0.1
0.5
0.2
1.0
0.5
1.0 0.5
0.05 0.02
0.1
0.05
0.2
0.1
0.5 0.2
0.1
0.05
0.2
0.1
0.5
0.2
1.0 0.5
0.2
0.1
0.3
0.2
0.5
0.2
0.2
0.1
0.5
0.3
1.0
0.5
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Mercury
(Tot.)
mg/L
0.005 0.005
PCB
mg/L
0.003 0.003
Formaldehyde mg/L
2.0
2.0
1.0
1.0
2.0
1.0
Parameter
Unit
Color
Inland Waters
Class C
OEI
NPI
PCU
150
100
200c
150c
oC rise
6.0-9.0 6.0-9.0
6.0-9.0
6.5-9.0
Mg/L
100
60
150
100
Solids Mg/L
0.3
0.3
0.5
0.5
50
30
80
50
Temperature
(max rise in
Celsius in RBW)
deg.
pH (range)
COD
Settleable
(1-hour)
Protected Waters
Category I
Category II
(Class AA & (Class A, B & SB)
SA)
OEI
NPI
OEI
NPI
5-Day 20 oC BOD
Mg/L
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Total
Solids
Suspended Mg/L
70
50
90
70
Total
Solids
Dissolved Mg/L
1,200
1,000
Mg/L
5.0
2.0
7.0
5.0
5.0
5.0
10.0
5.0
0.1
0.05
0.5
0.1
MPN/100mL b
5,000
3,000
15,000
10,000
Surfactants (MBAS)
Total Coliforms
Coastal Waters
(Class D)
OEI
NPI
-----
(Class SC)
OEI
NPI
oC rise
Temperature
(max. rise in deg.
Celsius in RBW)
pH (range)
Parameter
Color
COD
Unit
PCU
Class
SD
&
Other
Coastal Waters
Not Classified
OEI
NPI
mg/L
250
200
250
200
300
200
150
120
120d
100
150d
120
200
150
200
150
2,000h 1,500h -
10
15
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Oil/Grease
(Petroleum
Ether Extract)
Phenolic
Substances
as Phenols
Total Coliforms
mg/L
15
10
15
15
mg/L
1.0i
0.5i
5.0
1.0
MPN/100mL j
Effluent Standards for BOD for Strong Industrial Wastes. a) Interim Requirements for Old or Existing Industries. - For strong
industrial wastewaters with high BOD and where the receiving body of
water is Class C, D, SC and SD in accordance with Section 68, as
amended, of the 1978 NPCC Rules and Regulations, the interim effluent
requirements for old industries which will be applicable within the period
indicated in Table 3A.
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NOTE: *
1. Use either the numerical limit or percentage removal whichever is lower (or
whichever is more strict).
2. Starting January 1, 1995, the applicable effluent requirements for old or
existing industries are indicated in Table 3B.
3. For parameters other than BOD, Table 2A and Table 2B both under Section 5
shall apply.
b) Requirements for New Industries. - Upon the effectivity of these
regulations, new/proposed industries, or those old/existing industries that are
yet to construct their wastewater treatment facilities, which are producing or
treating strong wastewaters shall comply with the requirements in Table 3B
below. By January 1995, this Table shall be applicable to all industries
producing strong wastes.
mg/L
Coastal Waters
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(Class C & D)
Note: *Including old or existing industries producing strong waste whose wastewater
treatment plants are still to be constructed.
1. Use either numerical limits or percentage removal whichever is lower (or
whichever is more strict).
2. For parameters other than BOD, Tables 2A and 2B shall apply.
Section 7. Mixing Zone Requirements. The following general conditions shall govern
the location and extent of the mixing zone:
a. No mixing zone or combination of mixing zones shall be allowed to
significantly impair any of the designated uses of the receiving body of
water.
b. A mixing zone shall not include an existing drinking water supply intake
if such mixing zone would significantly impair the purposes for which the
supply is utilized.
c. A mixing zone for rivers, streams, etc., shall not create a barrier to the
free migration of fish and aquatic life.
d. A mixing zone shall not include a nursery area of indigenous aquatic life
nor include any area designated by the Department of Environment and
Natural Resources for shellfish harvesting, tourist zones and national
marine parks and reserves, coral reef parks and reserves and declared as
such by the appropriate government agency.
e. In general, the length of the mixing zone or plume in rivers or similar
waterways shall be as short as possible and its width shall be preferably
not more than one-half of the width of the waterway.
f. In discharging hot effluents from power plants, mineral ore milling and
similar generators of large volume of liquid wastes the permissible size of
the mixing zone shall be determined through modeling taking into
consideration the size, hydraulic and hydrological data of the receiving
body of water and the design and siting of the wastewater outfall.
g. For the protection of aquatic life resources, the mixing zone must not be
used for, or be considered as a substitute for wastewater treatment
facility.
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METHOD OF ANALYSIS
Silver
Diethyldithiocarbamate
Method
(Colorimetric)
Azine Modification (Dilution Technique)
Carmine Method (Colorimetric Method)
Atomic
Absorption
Spectrophotometry
(Wet ashing with concentration HNO3 + HCl)
Gas Chromatography (ECD)
DiphenylCarbazine Colorimetric Method
Visual Comparison Method Platinum Cobalt
Scale
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CYANIDE
DISSOLVED OXYGEN
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Section 12. Penalties. - Any person or group of persons found violating or failing to
comply with any Order or Decision of the Department and/or the Pollution
Adjudication Board or any provision of these Regulations, shall be liable under Section
9 of the Pollution Control Law (PD No. 984) and/or Section 106 of the 1978 NPCC
Rules and Regulations, as amended.
Section 13. Separability Clause. - Any Section or provision of these regulations
declared to be unconstitutional or invalid by a competent court, the other sections or
provisions hereof shall remain to be in force.
Section 14. Repealing Clause. - Any provision of the 1978 Rules and Regulations, as
amended, the Effluent Regulations of 1982, and other existing rules and regulations of
the Department which are inconsistent herewith are hereby repealed.
Section 15. Amendments. - This Regulation may be amended and/or modified from
time to time by the Department.
Section 16. Effectivity. - This Regulation shall take effect thirty (30) days after
publication in the official gazette or any newspaper of general circulation.
APPROVED.
(Sgd.) FULGENCIO S. FACTORAN, JR.
Secretary, Department of Environment and Natural Resources
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SECTION 1. Short Title This act shall be known as the Biofuels Act of 2006.
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SECTION 3. Definition of terms As used in this act, the following term shall
be taken to means as follows:
a) AFTA shall refer to the ASIAN free trade agreement initiated by the
Association of South East Asian Nation;
b) Alternative Fuel Vehicle/Engine shall refer to vehicle/engines that use
alternative fuels such as biodiesel, bioethanel, natural gas, electricity,
hydrogen and automotive LPG instead of gasoline and diesel;
c) Bioethanol fuel shall refer to ethanol (C2H30H) produce from feedback
and other biomass.
d) Biodiesel shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkyl
ester delivered from vegetable oil, or animal fats and other biomassderived oils that shall be technically proven and approved by the DOE for
use in diesel engines, with quality specifications in accordance with the
Philippine National Standards (PNS)
e) Bioethanol fuels shall refer to the hydrous and anhydrous bioethanol
suitably denatured for use as motor fuel with quality specifications in
accordance with the PNS;
f) Biofuel shall refer to the bioethanol and biodiesel and other fuels made
from biomass and primary used for motive, thermal power generation,
with quality specifications in accordance with PNS;
g) Biomass shall refer to any organic matter, particularly cellulosic or
ligno-cellulosic matter, which is available on a renewable or recurring
basis, including trees, crops and associated residues, plant fiber, poultry
litter and other animal wastes, industrial wastes and biodegradable
component of solid waste;
h) DA shall refer to the Department of Agriculture created under
Executive Order No. 116, as amended;
i) Diesel shall refer to the refined petroleum distillate, which may contain
small amount of hydrocarbon or nonhydrocarbon additives to improve
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shall
refer
to
the
Department
of
Transportation
and
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v) Oil Company shall refer to any entity that distributes and sells
petroleum fuel products;
w) Oxygenate shall refer to substances, which, when added to gasoline,
increase the amount of oxygen in that gasoline blend;
x) PNS shall refer to the Philippine National Standard; consistent with
section 26 of R.A. No. 8749 otherwise known as the Philippine Clean Air
Act of 1999;
y) Renewable Energy Sources shall refer to energy sources that do not
have an upper limit on the total quantity to be used. Such resources are
renewable on a regular basis; and
z) WTO shall refer to the World Trade Organization.
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SECTION 9.Powers and Functions of the NBB. The NBB shall have the
following powers and functions:
a) Monitor the implementation of, and evaluate for further expansion, the
National Biofuel Program (NBP) prepares by the DOE pursuant to Section
7 (b) of this Act;
b) Monitor the supply and utilization of biofuels and biofuel-blends and
recommend appropriate measures in cases of shortage of feedstock
supply for approval of the Secretary of DOE. For this purpose:
1. The NBB is empowered to require all entities engaged in the
production, blending and distribution of biofuels to submit reports of
their actual and projected sales and inventory of biofuels, in a format
to be prescribed for this purpose; and
2. The NBB shall determine availability of locally-sourced biofuels and
recommend to DOE the appropriate level or percentage of locally
sourced biofuels to the total annual volume of gasoline and diesel sold
and distributed in the country.
c) Review and recommend to DOE the adjustment in the minimum
mandated biofuel blends subject to the availability of locallysourced
biofuels: Provided, That the minimum blend may be decreased only
within the first four years from the effectivity of this Act. Thereafter, the
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minimum blends of the five percent (5%) and two percent (2%) for
bioethanol and biodiesel respectively, shall not be decreased;
d) Recommend to DOE a program that will ensure the availability of
alternative fuel technology for vehicles, engine and parts in consonance
with the mandated minimum biofuel-blends, and to maximize the
utilization of biofuels including other biofuels;
e) Recommend to DOE the use of biofuelblends in air transport taking into
account safety and technical viability; and
f) Recommend specific actions to be executed by the DOE and other
appropriate government agencies concerning the implementation of the
NBP, including its economic, technical, environment, and social impact.
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gainful
livelihood
opportunities
and
facilitate
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SECTION 13.Penal Provisions. Any person, who willfully aids or abets in the
commission of a crime prohibited herein or who causes the commission of any
such act by another shall be liable in the same manner as the principal.
In the case of association, partnerships or corporations, the penalty shall
be imposed on the partner, president, chief operating officer, chief executive
officer, directors or officers, responsible for the violation.
The commission of an act enumerated in Section 12, upon conviction
thereof, shall suffer the penalty of one year to five years imprisonment and a
fine ranging from a minimum of One million pesos (P 1,000,000.00) to Five
million pesos (P 5,000,000.00).
In addition, the DOE shall confiscate any amount of such products that
fail to comply with the requirements of Sections 4 & 5 of this Act, and
implementing issuance of the DOE. The DOE shall determine the appropriate
process and the manner of disposal and utilization of the confiscated products.
The DOE is also empowered to stop and suspend the operation of businesses
for refusal to comply with any order or instruction of the DOE Secretary in the
exercise of his functions under this Act.
Further, the DOE is empowered to impose administrative fines and
penalties for any violation of the provisions of this Act, implementing rules and
regulations and other issuance relative to this Act.
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SECTION 17.Benefits of Biofuel Workers. This Act shall not in any way result
in the forfeiture or diminution of existing benefits enjoyed by the sugar workers
as prescribed under the R.A. No. 6982, or the Sugar Amelioration Act of 1991.
In case sugarcane shall be used as feedstock.
The NBB shall establish a mechanism similar to that provided under the
Sugar Amelioration Act of 1991 for the benefit of other biofuel workers.
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SECTION 19.Repealing Clause. The provision of Section 148 (d) of R.A. No.
8424, otherwise known as Tax Reform Act. of 1997, and all other laws,
presidential decrees or issuance, executive orders, presidential proclamations.
rules and regulations or part thereof inconsistent with the provisions of this
Act, are hereby repealed, modified or amended accordingly.
SECTION 21.Effectivity. This act shall effect fifteen (15) day after publication
in at least two newspapers of general circulation.
BIOFUEL
What Is Biofuel?
As defined by the Biofuels Act, biofuel refers to bioethanol and biodiesel
and other fuels made from biomass and primarily used for motive, thermal and
power generation with quality specifications in accordance with the Philippine
National Standards (PNS). Bioethanol shall refer to ethanol (C25OH) produced
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from feedstock and other biomass. Among the recognized benefits of bioethanol
include but not limited to the following:
1. it improves combustion efficiency and reduces carbon monoxide and
unburned hydrocarbon emissions which improves fuel economy;
2. it provides hydro-octane rating at low cost as an alternative to harmfulfuel
additives;
3. it is biodegradable;
4. it reduces greenhouse as emissions because it burns more efficiently, thus,
significantly reducing unburned carbons; and
5. it has high volumetric efficiency, thus, burning cooler than straight gasoline
helping to keep the valves cool and contributing to the increase in power.
Biodiesel, on the other hand, shall refer to Fatty Acid Methyl Ester
(FAME) or mono-alkyl esters derived from vegetable oils or animal fats and
other biomass derived oils that shall be technically proven and approved by the
Department of Energy (DOE) for use in diesel engines, with quality
specifications in accordance with the Philippine National Standards (PNS).For
power generation, we can only use biodiesel, and electricity will become
cheaper with the use of biodiesel. As a matter of fact, National Power
Corporation (NAPOCOR) is using 1% blend in diesel leading to fuel savings
from 2% to 8.6%.Biofuel is of two kinds: bioethanol and biodiesel.
Biomass shall refer to any organic matter, particularly cellulosic or
lingocellulosic matter, which is available on a renewable or recurring basis,
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including trees, crops and associated residues, plant fiber, poultry litter and
other animal wastes, industrial wastes, and the biodegradable component of
solid waste. There are three main types of biomass raw materials:
1. sugar-bearing materials such as sugar cane, molasses, wheat, sorghum,
etcetera, which contain carbohydrates in sugar form.
2. Starches such as cassava, corn, bagasse, metacarp, potatoes, et cetera,
which contain carbohydrates in starch form.
3. Celluloses such as wood, agricultural residues, et cetera, in which have a
more complex carbohydrate molecular form.
Techno
Economic
Assessment
of
Ethanol
as
an
Alternative
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(a) develop and utilize indigenous renewable and sustain ably-sourced clean
energy sources to reduce dependence on imported oil;
(b) mitigate toxic and greenhouse gas (GHG) emissions;
(c) increase rural employment and income; and
(d) ensure the availability of alternative and renewable clean energy without
any detriment to the natural ecosystem; biodiversity and food reserves of the
country.
The phrase consistent with the countrys sustainable economic growth
means that the State shall pursue a policy of energy independence provided it
does not affect public health and environment.Thus, the goals of the law are
threefold: first, to achieve self-sufficiency; second, to protect our environment;
and third, to improve agriculture as a consequence.
the
Department
of
Energy
(DOE),
according
to
duly
accepted
international standards, shall gradually phase out the use of harmful gasoline
additives
such
as,
but
not
limited
to
Methyl
Tertiary
Butyl
Ether
(MTBE).Pursuant to the above policy, it is hereby mandated that all liquid fuels
for motors and engines sold in the Philippines shall contain locally-sourced
biofuels components as follows:
(a) Within two years from the effectivity of this Act, at least five percent (5%)
bioethanol shall comprise the annual total volume of gasoline fuel actually sold
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and distributed by each and every oil company in the country, subject to the
requirement that all bioethanol blended gasoline shall contain a minimum of
five percent (5%) bioethanol fuel by volume: Provided, that the ethanol blend
conforms to PNS;
(c) Within three months from the affectivity of this Act, a minimum of one
percent (1%) biodiesel by volume shall be blended into all diesel engine fuels
sold in the country: Provided that the biodiesel blend conforms to PNS for
biodiesel.
The basis for the 5% minimum blend is that this is within the maximum
standard set by the Worldwide Fuel Charter. The maximum for bioethanol is
10% blend. For biodiesel, it is 2% blend. A 10% ethanol blend to gasoline will
require 500 million liters ethanol, 7,143 million tons sugarcane and 120,000
hectares planted to sugarcane. If this ethanol is not domestically produced,
necessarily to fulfill the requirements under the bill, it could result to
importation. In the event of supply shortage of locally produced bioethanol
during the four-year period, oil companies shall be allowed to import
bioethanol but only to the extent of the shortage as may be determined by the
National Biofuel Board. The Biofuels Act gives the said Board enough
elbowroom to utilize a cheaper source of fuel should that eventually arise.
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of each plant will create about 1,000 jobs. Farmers will also find a better
payingmarket for their sugarcane and coconut products.
considered
reuse
and
are
therefore,
exempt
from
wastewater
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Being Environment-Friendly
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include,
inter
alia,
the
judicious
disposition,
utilization,
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Petron Philippines
Petron opened the 1st Fuel additives blending plant in Asia-Pacific
in 2008 (Subic)
E10 Premium Gasoline (Petron bought the first locally produced
fuel grade ethanol in Leyte)
Shell Philippines
complies with 2% Biodiesel Blend Mandate
E10 Premium Gasoline
SEAOIL Philippines
E10 Gasoline (90% gasoline and 10% ethanol)
Biodiesel
(BioXceed
diesel)
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Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two
thousand eight.
CHAPTER I
TITLE AND DECLARATION OF POLICIES
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Section 1. Short Title. - This Act shall be known as the "Renewable Energy Act of
2008". It shall hereinafter be referred to as the "Act".
Section 2. Declaration of Policies. - It is hereby declared the policy of the State to:
(a) Accelerate the exploration and development of renewable energy resources such as,
but not limited to, biomass, solar, wind, hydro, geothermal and ocean energy sources,
including hybrid systems, to achieve energy self-reliance, through the adoption of
sustainable energy development strategies to reduce the country's dependence on
fossil fuels and thereby minimize the country's exposure to price fluctuations in the
international markets, the effects of which spiral down to almost all sectors of the
economy;
(c) Encourage the development and utilization of renewable energy resources as tools
to effectively prevent or reduce harmful emissions and thereby balance the goals of
economic growth and development with the protection of health and the environment;
and
(d) Establish the necessary infrastructure and mechanism to carry out the mandates
specified in this Act and other existing laws.
Section 3. Scope. - This Act shall establish the framework for the accelerated
development and advancement of renewable energy resources, and the development of
a strategic program to increase its utilization.
Section 4. Definition of Terms. - As used in this Act, the following terms are herein
defined:
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(a) "Biomass energy systems" refer to energy systems which use biomass resources to
produce heat, steam, mechanical power or electricity through either thermochemical,
biochemical or physico-chemical processes, or through such other technologies which
shall comply with prescribed environmental standards pursuant to this Act;
(e) "Department of Energy" (DOE) refers to the government agency created pursuant to
Republic Act No. 7638 whose functions are expanded in Republic Act No. 9136 and
further expanded in this Act;
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(g) "Department of Finance" (DOF) refers to the government agency created pursuant
to Executive Order No. 127, as amended;
(h) "Department of Science and Technology" (DOST) refers to the government agency
created pursuant to Executive Order No. 128;
(i) "Department of Trade and Industry" (DTI) refers to the government agency created
pursuant to Executive Order No. 133;
(l) "Distribution Utility" (DU) refers to any electric cooperative, private corporation,
government-owned utility or existing local government unit which has an exclusive
franchise to operate a distribution system in accordance with its franchise and
Republic Act No. 9136;
(m) "Electric Power Industry Reform Act of 2001" or Republic Act No. 9136 refers to
the law mandating the restructuring of the electric power sector and the privatization
of the National Power Corporation;
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(o) "Generation Company" refers to any person or entity authorized by the ERC to
operate facilities used in the generation of electricity;
(p) "Generation Facility" refers to a facility for the production of electricity and/or
thermal energy such as, but not limited to, steam, hot or cold water;
(q) "Geothermal energy" as used herein and in the context of this Act, shall be
considered renewable and the provisions of this Act is therefore applicable thereto if
geothermal energy, as a mineral resource, is produced through: (1) natural recharge,
where the water is replenished by rainfall and the heat is continuously produced
inside the earth; and/or (2) enhanced recharge, where hot water used in the
geothermal process is re-injected into the ground to produce more steam as well as to
provide additional recharge to the convection system;
(r) "Geothermal Energy Systems" refer to machines or other equipment that converts
geothermal energy into useful power;
(t) "Government Share" refers to the amount due the National Government and Local
Government Units from the exploitation, development, and utilization of naturallyoccurring renewable energy resources such as geothermal, wind, solar, ocean and
hydro excluding biomass;
(u) "Green Energy Option" refers to the mechanism to empower end-users to choose
renewable energy in meeting their energy requirements;
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(v) "Grid" refers to the high voltage backbone system of interconnected transmission
lines, substations, and related facilities, located in each of Luzon, Visayas, and
Mindanao, or as may otherwise be determined by the ERC in accordance with
Republic Act No. 9136;
(w) "Hybrid Systems" refer to any power or energy generation facility which makes use
of two or more types of technologies utilizing both conventional and/or renewable fuel
sources, such as, but not limited to, integrated solar/wind systems, biomass/fossil
fuel systems, hydro/fossil fuel systems, integrated solar/biomass systems, integrated
wind/fossil fuel systems, with a minimum of ten (10) megawatts or ten percent (10%)
of the annual energy output provided by the RE component;
(aa) "Local government share" refers to the amount due the LGUs from the
exploitation, development and utilization of naturally-occurring renewable energy
resources;
(bb) "Micro-scale Project" refers to an RE project with capacity not exceeding one
hundred (100) kilowatts;
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(dd) "National government share" refers to the amount due the national government
from the exploitation, development and utilization of naturally-occurring renewable
energy resources;
(ee) "National Power Corporation" (NPC) refers to the government corporation created
under Republic Act No. 6395, as amended by Republic Act No. 9136;
(gg) "Net Metering" refers to a system, appropriate for distributed generation, in which
a distribution grid user has a two-way connection to the grid and is only charged for
his net electricity consumption and is credited for any overall contribution to the
electricity grid;
(ii) "Ocean Energy Systems" refer to energy systems which convert ocean or tidal
current, ocean thermal gradient or wave energy into electrical or mechanical energy;
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(jj) "Off-Grid Systems" refer to electrical systems not connected to the wires and related
facilities of the On-Grid Systems of the Philippines;
(mm) "Philippine National Oil Company" (PNOC) refers to the government agency
created pursuant to Presidential Decree No. 334, as amended;
(nn) "Power applications" refer to renewable energy systems or facilities that produce
electricity;
(oo) "Registered RE Developer" refers to a RE Developer duly registered with the DOE;
(qq) "Renewable Energy Market" (REM) refers to the market where the trading of the
RE certificates equivalent to an amount of power generated from RE resources is
made;
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(rr) "Renewable Energy Policy Framework" (REPF) refers to the long-term policy
developed by the DOE which identifies among others, the goals and targets for the
development and utilization of renewable energy in the country;
(tt) "Renewable Energy Service (Operating) Contract (RE Contract) " refers to the
service agreement between the Government, through the DOE, and RE Developer over
a period in which the RE Developer has the exclusive right to a particular RE area for
exploration and development. The RE Contract shall be divided into two (2) stages: the
pre-development stage and the development/commercial stage. The preliminary
assessment and feasibility study up to financial closing shall refer to the predevelopment stage. The construction and installation of facilities up to operation
phase shall refer to the development stage;
(uu) "Renewable Energy Resources" (RE Resources) refer to energy resources that do
not have an upper limit on the total quantity to be used. Such resources are
renewable on a regular basis, and whose renewal rate is relatively rapid to consider
availability over an indefinite period of time. These include, among others, biomass,
solar, wind, geothermal, ocean energy, and hydropower conforming with
internationally accepted norms and standards on dams, and other emerging
renewable energy technologies;
(vv) "Renewable Energy Systems" (RE Systems) refer to energy systems which convert
RE resources into useful energy forms, like electrical, mechanical, etc.;
(ww) "Rural Electrification" refers to the delivery of basic electricity services, consisting
of power generation, sub-transmission, and/or extension of associated power delivery
system that would bring about important social and economic benefits to the
countryside;
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(xx) "Solar Energy" refers to the energy derived from solar radiation that can be
converted into useful thermal or electrical energy;
(yy) "Solar Energy Systems" refer to energy systems which convert solar energy into
thermal or electrical energy;
(zz) "Small Power Utilities Group" (SPUG) refers to the functional unit of the NPC
mandated under Republic Act No. 9136 to pursue missionary electrification function;
(aaa) "Supplier" refers to any person or entity authorized by the ERC to sell, broker,
market or aggregate electricity to the end-users;
(ccc) "Wind Energy" refers to the energy that can be derived from wind that is
converted into useful electrical or mechanical energy;
(ddd) "Wind Energy Systems" refer to the machines or other related equipment that
convert wind energy into useful electrical or mechanical energy;
(eee) "Wholesale Electricity Spot Market" (WESM) refers to the wholesale electricity
spot market created pursuant to Republic Act No. 9136;
CHAPTER II
Organization
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Section 5. Lead Agency. - The DOE shall be the lead agency mandated to implement
the provisions of this Act.
CHAPTER III
Section 6. Renewable Portfolio Standard (RPS). - All stakeholders in the electric power
industry shall contribute to the growth of the renewable energy industry of the
country. Towards this end, the National Renewable Energy Board (NREB), created
under Section 27 of this Act, shall set the minimum percentage of generation from
eligible renewable energy resources and determine to which sector RPS shall be
imposed on a per grid basis within one (1) year from the effectivity of this Act.
(a) Priority connections to the grid for electricity generated from emerging renewable
energy resources such as wind, solar, ocean, run-of-river hydropower and biomass
power plants within the territory of the Philippines;
(b) The priority purchase and transmission of, and payment for, such electricity by the
grid system operators;
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(c) Determine the fixed tariff to be paid to electricity produced from each type of
emerging renewable energy and the mandated number of years for the application of
these rates, which shall not be less than twelve (12) years;
(d) The feed-in tariff to be set shall be applied to the emerging renewable energy to be
used in compliance with the renewable portfolio standard as provided for in this Act
and in accordance with the RPS rules that will be established by the DOE.
The PEMC shall, under the supervision of the DOE, establish a Renewable Energy
Registrar within one (1) year from the effectivity of this Act and shall issue, keep and
verify RE Certificates corresponding to energy generated from eligible RE facilities.
Such certificates will be used for compliance with the RPS. For this purpose, a
transaction fee, equal to half of what PEMC currently charges regular WESM players,
may be imposed by PEMC.
Section 9. Green Energy Option. - The DOE shall establish a Green Energy Option
program which provides end-users the option to choose RE resources as their sources
of energy. In consultation with the NREB, the DOE shall promulgate the appropriate
implementing rules and regulations which are necessary, incidental or convenient to
achieve the objectives set forth herein.
Upon the determination of the DOE of its technical viability and consistent with the
requirements of the green energy option program, end users may directly contract
from RE facilities their energy requirements distributed through their respective
distribution utilities.
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The ERC, in consultation with the NREB and the electric power industry participants,
shall establish net metering interconnection standards and pricing methodology and
other commercial arrangements necessary to ensure success of the net-metering for
renewable energy program within one (1) year upon the effectivity of this Act.
The distribution utility shall be entitled to any Renewable Energy Certificate resulting
from net-metering arrangement with the qualified end-user who is using an RE
resource to provide energy and the distribution utility shall be able to use this RE
certificate in compliance with its obligations under RPS.
The DOE, ERC, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant
parties are hereby mandated to provide the mechanisms for the physical connection
and commercial arrangements necessary to ensure the success of the Net-metering for
Renewable Energy program, consistent with the Grid and Distribution Codes.
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CHAPTER IV
Section 12. Off-Grid Areas. - Within one (1) year from the effectivity of this Act, NPCSPUG or its successors-in-interest and/or qualified third parties in off-grid areas
shall, in the performance of its mandate to provide missionary electrification, source a
minimum percentage of its total annual generation upon recommendation of the
NREB from available RE resources in the area concerned, as may be determined by
the DOE.
Eligible RE generation in off-grid and missionary areas shall be eligible for the
provision of RE Certificates defined in Section 8 of this Act. In the event there are no
viable RE resources in the off-grid and missionary areas, the relevant electricity
supplier in the off-grid and missionary areas shall still be obligated under Section 6 of
this Act.
CHAPTER V
GOVERNMENT SHARE
Section 13. Government Share. - The government share on existing and new RE
development projects shall be equal to one percent (1%) of the gross income of RE
resource developers resulting from the sale of renewable energy produced and such
other income incidental to and arising from the renewable energy generation,
transmission, and sale of electric power except for indigenous geothermal energy,
which shall be at one and a half percent (1.5%) of gross income.
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To further promote the development of RE projects, the government hereby waives its
share from the proceeds of micro-scale projects for communal purposes and noncommercial operations, which are not greater than one hundred (100) kilowatts.
CHAPTER VI
ENVIRONMENTAL COMPLIANCE
CHAPTER VII
GENERAL INCENTIVES
Section 15. Incentives for Renewable Energy Projects and Activities. - RE developers of
renewable energy facilities, including hybrid systems, in proportion to and to the
extent of the RE component, for both power and non-power applications, as duly
certified by the DOE, in consultation with the BOI, shall be entitled to the following
incentives:
(a) Income Tax Holiday (ITH) - For the first seven (7) years of its commercial
operations, the duly registered RE developer shall be exempt from income taxes levied
by the national government.
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(b) Duty-free Importation of RE Machinery, Equipment and Materials - Within the first
ten (10) years upon the issuance of a certification of an RE developer, the importation
of machinery and equipment, and materials and parts thereof, including control and
communication equipment, shall not be subject to tariff duties: Provided, however,
That the said machinery, equipment, materials and parts are directly and actually
needed and used exclusively in the RE facilities for transformation into energy and
delivery of energy to the point of use and covered by shipping documents in the name
of the duly registered operator to whom the shipment will be directly delivered by
customs authorities: Provided, further, That endorsement of the DOE is obtained
before the importation of such machinery, equipment, materials and parts are made.
Endorsement of the DOE must be secured before any sale, transfer or disposition of
the imported capital equipment, machinery or spare parts is made: Provided, That if
such sale, transfer or disposition is made within the ten (10)-year period from the date
of importation, any of the following conditions must be present:
(i) If made to another RE developer enjoying tax and duty exemption on imported
capital equipment;
(ii) If made to a non-RE developer, upon payment of any taxes and duties due on the
net book value of the capital equipment to be sold;
(iii) Exportation of the used capital equipment, machinery, spare parts or source
documents or those required for RE development; and
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When the aforementioned sale, transfer or disposition is made under any of the
conditions provided for in the foregoing paragraphs after ten (10) years from the date
of importation, the sale, transfer or disposition shall no longer be subject to the
payment of taxes and duties;
(c) Special Realty Tax Rates on Equipment and Machinery. - Any law to the contrary
notwithstanding, realty and other taxes on civil works, equipment, machinery, and
other improvements of a Registered RE Developer actually and exclusively used for RE
facilities shall not exceed one and a half percent (1.5%) of their original cost less
accumulated normal depreciation or net book value: Provided, That in case of an
integrated resource development and generation facility as provided under Republic
Act No. 9136, the real property tax shall only be imposed on the power plant;
(d) Net Operating Loss Carry-Over (NOLCO). - The NOLCO of the RE Developer during
the first three (3) years from the start of commercial operation which had not been
previously offset as deduction from gross income shall be carried over as a deduction
from gross income for the next seven (7) consecutive taxable years immediately
following the year of such loss: Provided, however, That operating loss resulting from
the availment of incentives provided for in this Act shall not be entitled to NOLCO;
(e) Corporate Tax Rate. - After seven (7) years of income tax holiday, all RE Developers
shall pay a corporate tax of ten percent (10%) on its net taxable income as defined in
the National Internal Revenue Act of 1997, as amended by Republic Act No. 9337.
Provided, That the RE Developer shall pass on the savings to the end-users in the form
of lower power rates.
(f) Accelerated Depreciation. - If, and only if, an RE project fails to receive an ITH
before full operation, it may apply for Accelerated Depreciation in its tax books and be
taxed based on such: Provided, That if it applies for Accelerated Depreciation, the
project or its expansions shall no longer be eligible for an ITH. Accelerated
depreciation of plant, machinery, and equipment that are reasonably needed and
actually used for the exploration, development and utilization of RE resources may be
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depreciated using a rate not exceeding twice the rate which would have been used had
the annual allowance been computed in accordance with the rules and regulations
prescribed by the Secretary of the Department of Finance and the provisions of the
National Internal Revenue Code (NIRC) of 1997, as amended. Any of the following
methods of accelerated depreciation may be adopted:
(g) Zero Percent Value-Added Tax Rate. - The sale of fuel or power generated from
renewable sources of energy such as, but not limited to, biomass, solar, wind,
hydropower, geothermal, ocean energy and other emerging energy sources using
technologies such as fuel cells and hydrogen fuels, shall be subject to zero percent
(0%) value-added tax (VAT), pursuant to the National Internal Revenue Code (NIRC) of
1997, as amended by Republic Act No. 9337.
All RE Developers shall be entitled to zero-rated value added tax on its purchases of
local supply of goods, properties and services needed for the development,
construction and installation of its plant facilities.
This provision shall also apply to the whole process of exploring and developing
renewable energy sources up to its conversion into power, including but not limited to
the services performed by subcontractors and/or contractors.
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(i) Tax Exemption of Carbon Credits. - All proceeds from the sale of carbon emission
credits shall be exempt from any and all taxes;
(j) Tax Credit on Domestic Capital Equipment and Services. - A tax credit equivalent to
one hundred percent (100%) of the value of the value-added tax and custom duties
that would have been paid on the RE machinery, equipment, materials and parts had
these items been imported shall be given to an RE operating contract holder who
purchases machinery, equipment, materials, and parts from a domestic manufacturer
for purposes set forth in this Act: Provided, That prior approval by the DOE was
obtained by the local manufacturer: Provided, further, That the acquisition of such
machinery, equipment, materials, and parts shall be made within the validity of the
RE operating contract.
Section 17. Exemption from the Universal Charge. - Power and electricity generated
through the RES for the generator's own consumption and/or for free distribution in
the off-grid areas shall be exempted from the payment of the universal charge provided
for under Section 34 of Republic Act No. 9136.
Section 19. Hybrid and Cogeneration Systems. - The tax exemptions and/or incentives
provided for in Section 15 of this Act shall be availed of by registered RE Developer of
hybrid and cogeneration systems utilizing both RE sources and conventional energy:
Provided, however, That the tax exemptions and incentives shall apply only to the
equipment, machinery and/or devices utilizing RE resources.
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Consistent with Article 7, Item (20) of EO No. 226, the registration with the BOI, as
provided for in Section 15 and Section 21 of this Act, shall be carried out through an
agreement and an administrative arrangement between the BOI and the DOE, with the
end-view of facilitating the registration of qualified RE facilities based on the
implementing rules and regulations that will be developed by DOE. It is further
mandated that the applications for registration will be positively acted upon by BOI on
the basis of the accreditation issued by DOE.
The Renewable Energy Sector is hereby declared a priority investment sector that will
regularly form part of the country's Investment Priority Plan, unless declared
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otherwise by law. As such, all entities duly accredited by the DOE under this Act shall
be entitled to all the incentives provided herein.
(a) Tax and Duty-free Importation of Components, Parts and Materials. - All shipments
necessary for the manufacture and/or fabrication of RE equipment and components
shall be exempted from importation tariff and duties and value added tax: Provided,
however, That the said components, parts and materials are: (i) not manufactured
domestically in reasonable quantity and quality at competitive prices; (ii) directly and
actually needed and shall be used exclusively in the manufacture/fabrication of RE
equipment; and (iii) covered by shipping documents in the name of the duly registered
manufacturer/fabricator to whom the shipment will be directly delivered by customs
authorities: Provided, further, That prior approval of the DOE was obtained before the
importation of such components, parts and materials;
(b) Tax Credit on Domestic Capital Components, Parts and Materials. - A tax credit
equivalent to one hundred percent (100%) of the amount of the value-added tax and
customs duties that would have been paid on the components, parts and materials
had these items been imported shall be given to an RE equipment manufacturer,
fabricator, and supplier duly recognized and accredited by the DOE who purchases RE
components, parts and materials from a domestic manufacturer: Provided, That such
components, and parts are directly needed and shall be used exclusively by the RE
manufacturer, fabricator and supplier for the manufacture, fabrication and sale of the
RE equipment: Provided, further, That prior approval by the DOE was obtained by the
local manufacturer;
(c) Income Tax Holiday and Exemption. - For seven (7) years starting from the date of
recognition/accreditation, an RE manufacturer, fabricator and supplier of RE
equipment shall be fully exempt from income taxes levied by the National Government
on net income derived only from the sale of RE equipment, machinery, parts and
services; and
(d) Zero-rated value added tax transactions - All manufacturers, fabricators and
suppliers of locally produced renewable energy equipment shall be subject to zerorated value added tax on its transactions with local suppliers of goods, properties and
services.
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Section 22. Incentives for Farmers Engaged in the Plantation of Biomass Resources. For a period of ten (10) years after the effectivity of this Act, all individuals and entities
engaged in the plantation of crops and trees used as biomass resources such as but
not limited to jatropha, coconut, and sugarcane, as certified by the Department of
Energy, shall be entitled to duty-free importation and be exempted from Value-Added
Tax (VAT) on all types of agricultural inputs, equipment and machinery such as, but
not limited to, fertilizer, insecticide, pesticide, tractor, trailers, trucks, farm
implements and machinery, harvesters, threshers, hybrid seeds, genetic materials,
sprayers, packaging machinery and materials, bulk handling facilities, such as
conveyors and mini-loaders, weighing scales, harvesting equipment, and spare parts of
all agricultural equipment.
Section 23. Tax Rebate for Purchase of RE Components. - To encourage the adoption
of RE technologies, the DOF, in consultation with DOST, DOE, and DTI, shall provide
rebates for all or part of the tax paid for the purchase of RE equipment for residential,
industrial, or community use. The DOF shall also prescribe the appropriate period for
granting the tax rebates.
Section 24. Period of Grant of Fiscal Incentives. - The fiscal incentives granted under
Section 15 of this Act shall apply to all RE capacities upon the effectivity of this Act.
The National Renewable Energy Board, in coordination with the Department of
Energy, shall submit a yearly report on the implementation of this Act to the
Philippine Congress, through the Joint Congressional Power Commission, every
January of each year following the period in review, indicating among others, the
progress of RE development in the country and the benefits and impact generated by
the development and utilization of its renewable energy resources in the context of its
energy security and climate change imperatives. This shall serve as basis for the Joint
Congressional Power Commission review of the incentives as provided for in this Act
towards ensuring the full development of the country's RE capacities under a
rationalized market and incentives scheme.
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Section 26. Certification from the Department of Energy. - All certifications required to
qualify RE developers to avail of the incentives provided for under this Act shall be
issued by the DOE through the Renewable Energy Management Bureau.
The Department of Energy, through the Renewable Energy Management Bureau shall
issue said certification fifteen (15) days upon request of the renewable energy
developer or manufacturer, fabricator or supplier.
Provided, That the certification issued by the Department of Energy shall be without
prejudice to any further requirements that may be imposed by the concerned agencies
of the government charged with the administration of the fiscal incentives
abovementioned.
CHAPTER VIII
GENERAL PROVISIONS
Section 27. Creation of the National Renewable Energy Board (NREB). - The NREB is
hereby created. It shall be composed of a Chairman and one (1) representative each
from the following agencies: DOE, DTI, DOF, DENR, NPC, TRANSCO or its successorsin-interest, PNOC and PEMC who shall be designated by their respective secretaries
on a permanent basis; and one (1) representative each from the following sectors: RE
Developers, Government Financial Institutions (GFIs), private distribution utilities,
electric cooperatives, electricity suppliers and non-governmental organizations, duly
endorsed by their respective industry associations and all to be appointed by the
President of the Republic of the Philippines.
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The Chairman shall, within one (1) month from the effectivity of this Act, convene the
NREB.
The NREB shall be assisted by a Technical Secretariat from the Renewable Energy
Management Bureau of the DOE, created under Section 32 hereof, and shall directly
report to the Office of the Secretary or the Undersecretary of the Department, as the
case maybe, on matters pertaining to the activities of the NREB. The number of staff of
the Technical Secretariat and the creation of corresponding positions necessary to
complement and/or augment the existing plantilla of the REMB shall be determined
by the Board, subject to approval by the Department of Budget and Management
(DBM) and to existing civil service rules and regulations.
(a) Evaluate and recommend to the DOE the mandated RPS and minimum RE
generation capacities in off-grid areas, as it deems appropriate;
(c) Monitor and review the implementation of the NREP, including compliance with the
RPS and minimum RE generation capacities in off-grid areas;
(d) Oversee and monitor the utilization of the Renewable Energy Trust Fund created
pursuant to Section 28 of this Act and administered by the DOE; and
(e) Perform such other functions, as may be necessary, to attain the objectives of this
Act.
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Section 28. Renewable Energy Trust Fund (RETF). - A Renewable Energy Trust Fund
is hereby established to enhance the development and greater utilization of renewable
energy. It shall be administered by the DOE as a special account in any of the GFIs.
The RETF shall be exclusively used to:
(b) Support the development and operation of new RE resources to improve their
competitiveness in the market: Provided, That the grant thereof shall be done through
a competitive and transparent manner;
(c) Conduct nationwide resource and market assessment studies for the power and
non-power applications of renewable energy systems;
(e) Fund such other activities necessary or incidental to the attainment of the
objectives of this Act.
Use of the fund may be through grants, loans, equity investments, loan guarantees,
insurance, counterpart fund or such other financial arrangements necessary for the
attainment of the objectives of this Act: Provided, That the use or allocation thereof
shall, as far as practicable, be done through a competitive and transparent manner.
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(a) Proceeds from the emission fees collected from all generating facilities consistent
with Republic Act No. 8749 or the Philippine Clean Air Act;
(b) One and 1/2 percent (1.5%) of the net annual income of the Philippine Charity
Sweepstakes Office;
(c) One and 1/2 percent (1.5%) of the net annual income of the Philippine Amusement
and Gaming Corporation;
(d) One and 1/2 percent (1.5%) of the net annual dividends remitted to the National
Treasury of the Philippine National Oil Company and its subsidiaries;
(e) Contributions, grants and donations: Provided, That all contributions, grants and
donations made to the RETF shall be tax deductible subject to the provisions of the
National Internal Revenue Code. Towards this end, the BIR shall assist the DOE in
formulating the Rules and Regulations to implement this provision;
(f) One and 1/2 percent (1.5%) of the proceeds of the Government share collected from
the development and use of indigenous non-renewable energy resources;
(g) Any revenue generated from the utilization of the RETF; and
(h) Proceeds from the fines and penalties imposed under this Act.
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and to the extent allowed by the enabling provisions of their respective charters or
applicable laws, provide preferential financial packages for the development, utilization
and commercialization of RE projects as duly recommended and endorsed by the DOE.
As used in this Act, waste-to-energy technologies shall refer to systems which convert
to biodegradable materials such as, but not limited to, animal manure or agricultural
waste, into useful energy through processes such as anaerobic digestion, fermentation
and gasification, among others, subject to the provisions and intent of Republic Act
No. 8749 (Clean Air Act of 1999) and Republic Act No. 9003 (Ecological Solid Waste
Management Act of 2000).
Section 31. Incentives for RE Host Communities/LGUs. - Eighty percent (80%) of the
share from royalty and/or government share of RE host communities/LGUs from RE
projects and activities shall be used directly to subsidize the electricity consumption of
end users in the RE host communities/LGUs whose monthly consumption do not
exceed one hundred (100) kwh. The subsidy may be in the form of rebates, refunds
and/or any other forms as may be determined by DOE, DOF and ERC, in coordination
with NREB.
The DOE, DOF and ERC, in coordination with the NREB and in consultation with the
distribution utilities shall promulgate the mechanisms to implement this provision
within six months from the effectivity of this Act.
Section 32. Creation of the Renewable Energy Management Bureau. - For the purpose
of implementing the provisions of this Act, a Renewable Energy Management Bureau
(REMB) under the DOE is hereby established, and the existing Renewable Energy
Management Division of the Energy Utilization Management Bureau of the DOE,
whose plantilla shall form the nucleus of REMB, is hereby dissolved. The
organizational structure and staffing complement of the REMB shall be determined by
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the Secretary of the DOE, in consultation with the Department of Budget and
Management, in accordance with existing civil service rules and regulations. The
budgetary requirements necessary for the creation of the REMB shall be taken from
the current appropriations of the DOE. Thereafter, the funding for the REMB shall be
included in the annual General Appropriations Act.
(a) Implement policies, plans and programs related to the accelerated development,
transformation, utilization and commercialization of renewable energy resources and
technologies;
(b) Develop and maintain a centralized, comprehensive and unified data and
information base on renewable energy resources to ensure the efficient evaluation,
analysis, and dissemination of data and information on renewable energy resources,
development, utilization, demand and technology application;
(e) Supervise and monitor activities of government and private companies and entities
on renewable energy resources development and utilization to ensure compliance with
existing rules, regulations, guidelines and standards;
(f) Provide information, consultation and technical training and advisory services to
developers, practitioners and entities involved in renewable energy technology and
develop renewable energy technology development strategies; and
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(g) Perform other functions that may be necessary for the effective implementation of
this Act and the accelerated development and utilization of the renewable energy
resources in the country.
CHAPTER IX
FINAL PROVISIONS
Section 33. Implementing Rules and Regulations (IRR). - Within six (6) months from
the effectivity of this Act, the DOE shall, in consultation with the Senate and House
Committees on Energy, relevant government agencies and RE stakeholders,
promulgate the IRR of this Act.
Section 34. Congressional Oversight. - Upon the effectivity of this Act, the Joint
Congressional Power Commission created under Section 62 of Republic Act No. 9136,
otherwise known as the "Electric Power Industry Reform Act of 2001" shall exercise
oversight powers over the implementation of this Act.
(b) Willful refusal to undertake net metering arrangements with qualified distribution
grid users;
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(d) Failure and willful refusal to issue the single certificate referred to in Section 26 of
this Act; and
(e) Non-compliance with the established guidelines that DOE will adopt for the
implementation of this Act.
Section 36. Penalty Clause. - Any person who willfully commits any of the prohibited
acts enumerated under this Act, shall be imposed with the penalties provided herein.
Any person, who willfully aids or abets the commission of a crime prohibited herein or
who causes the commission of any such act by another shall be liable in the same
manner as the principal.
The commission of any prohibited acts provided for under Section 35, upon conviction
thereof, shall suffer the penalty of imprisonment of from one (1) year to five (5) years,
or a fine ranging from a minimum of One Hundred Thousand Pesos (P100,000.00) to
One Hundred Million Pesos (P100,000,000.00), or twice the amount of damages
caused or costs avoided for non-compliance, whichever is higher, or both upon the
discretion of the court.
The DOE is further empowered to impose administrative fines and penalties for any
violation of the provisions of this Act, its IRR and other issuances relative to this Act.
This is without prejudice to the penalties provided for under existing environmental
regulations prescribed by the DENR and/or any other concerned government agency.
Section 37. Appropriations. - Such sums as may be necessary for the initial
implementation of this Act shall be taken from the current appropriations of the DOE.
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Thereafter, the fund necessary to carry out the provisions of this Act shall be included
in the annual General Appropriations Act.
Section 38. Separability Clause. - If any provision of this Act is held invalid
unconstitutional, the remainder of the Act or the provision not otherwise affected shall
remain valid and subsisting.
Section 39. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly.
Consistent with the foregoing paragraph and Section 13 of this Act, Section 1 of
Presidential Decree No. 1442 or the Geothermal Resources Exploration and
Development Act, insofar as the exploration of geothermal resources by the
government, and Section 10 (1) of Republic Act No. 7156 otherwise known as the
"Mini-Hydro Electric Power Incentive Act", insofar as the special privilege tax rate of
two percent (2%) are hereby repealed, modified or amended accordingly.
Section 40. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved
(Sgd.) PROSPERO C.
NOGRALES
Speaker of the House of
Representative
This Act which is a consolidation of Senate Bill No. 2046 and House Bill No. 41935 was
finally passed by the Senate and the House of Representative on October 8, 2008.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representative
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Section 2.Declaration of Policy. It is the policy of the State to afford full protection and
the advancement of the right of the people to a healthful ecology in accord with the rhythm
and harmony of nature. In this light, the State has adopted the Philippine Agenda 21
framework which espouses sustainable development, to fulfill human needs while
maintaining the quality of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the climate system for the
benefit of human kind, on the basis of climate justice or common but differentiated
responsibilities and the Precautionary Principle to guide decision-making in climate risk
management. As a party to the United Nations Framework Convention on Climate
Change, the State adopts the ultimate objective of the Convention which is the stabilization
of greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system which should be achieved
within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to
ensure that food production is not threatened and to enable economic development to
proceed in a sustainable manner. As a party to the Hyogo Frame work for Action, the State
likewise adopts the strategic goals in order to build national and local resilience to climate
change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local communities,
particularly the poor, women, and children, to potential dangerous consequences of
climate change such arising seas, changing landscapes, increasing frequency and/or
severity of droughts, fires, flood, sand storms, climate-related illnesses and diseases,
damage to ecosystems, biodiversity loss that affect the countrys environment, culture, and
economy, the State shall cooperate with the global community in the resolution of climate
change issues, including disaster risk reduction.
It shall be the policy of the State to enjoin the participation of national and local
governments, businesses, nongovernment organizations, local communities and the
public to prevent and reduce the adverse impacts of climate change and, at the same time,
maximize the benefits of climate change. It shall also be the policy of the State to
incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change
and renewable energy efforts, plans and programs. In view thereof, the State shall
strengthen, integrate, consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address climate change in
the context of sustainable development.
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Further recognizing that climate change and disaster risk reduction are closely interrelated
and effective disaster risk reduction will enhance climate change adaptive capacity, the
State shall integrate disaster risk reduction into climate change programs and initiatives.
Cognizant of the need to ensure that national and subnational government policies, plans,
programs and projects are founded upon sound environmental considerations and the
principle of sustainable development, it is hereby declared the policy of the State to
systematically integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies and other development tools
and techniques by all agencies and instrumentalities of the government.
RULE III
DEFINITION OF TERMS
Section 3.Definition of Terms. For purposes of implementing Republic Act No. 9729
(here in after referred to as the Climate Act), the following shall have the corresponding
meanings:
(a) Adaptation refers to the adjustment in natural or human systems in response to
actual or expected climatic stimuli or their effects, which moderates harm or exploits
beneficial opportunities;
(b) Adaptive capacity refers to the ability of ecological, social or economic systems to
adjust to climate change including climate variability and extremes, to moderate or offset
potential damages and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof;
(c) Anthropogenic causes refer to causes resulting from human activities or produced by
human beings;
(d) Climate Change refers to a change in climate that can be identified by changes in the
mean and/or variability of its properties and that persists for an extended period, typically
decades or longer, whether due to natural variability or as a result of human activity;
(e) Climate Variability refers to the variations in the average state and in other statistics of
the climate on all temporal and spatial scales beyond that of individual weather events;
(f) Climate Risk refers to the product of climate and related hazards working over the
vulnerability of human and natural ecosystems;
(g) Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and impacts
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which exceed the ability of the affected community or society to cope using its own
resources;
(h) Disaster risk reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including
through reduced exposure to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events;
(i) Gender mainstreaming refers to the strategy for making womens as well as mens
concern sand experiences an integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all political, economic, and societal
spheres so that women and men benefit equally and inequality is not perpetuated. It is the
process of assessing the implications for women and men of any planned action, including
legislation, policies, or programs in all areas and at all levels;
(j) Global Warming refers to the increase in the average temperature of the Earths nearsurface air and oceans that is associated with the increased concentration of greenhouse
gases in the atmosphere;
(k) Greenhouse effect refers to the process by which the absorption of infrared radiation
by the atmosphere warms the Earth;
(l) Greenhouse gases (GHG) refers to constituents of the atmosphere that contribute to
the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;
(m) Mainstreaming refers to the integration of policies and measures that address climate
change into development planning and sectoral decision-making;
(n) Mitigation in the context of climate change, refers to human intervention to address
anthropogenic emissions by sources and removals by sinks of all GHG, including ozonedepleting substances and their substitutes;
(o) Mitigation potential shall refer to the scale of GHG reductions that could be made,
relative to emission baselines, for a given level of carbon price (expressed in cost per unit of
carbon dioxide equivalent emissions avoided or reduced);
(p) Sea level rise refers to an increase in sea level which may be influenced by factors like
global warming, through expansion of sea water as the oceans warm and melting of ice
overland, and local factors such as land subsidence; and
(q) Vulnerability refers to the degree to which a system is susceptible to, or unable to cope
with, the adverse effects of climate change, including climate variability and extremes.
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Vulnerability is a function of the character, magnitude, and rate of climate change and
variation to which a system is exposed, its sensitivity, and its adaptive capacity.
PART II
THE CLIMATE CHANGE COMMISSION
RULE IV
CREATION, COMPOSITION AND QUALIFICATIONS OF COMMISIONERS
Section 4.Creation of the Climate Change Commission. There is hereby established
a ClimateChange Commission, hereinafter referred to as the Commission.The Commission
shall be an independent and autonomous body and shall have the same statusas that of a
national government agency. It shall be attached to the Office of the President.The
Commission shall be the sole policy-making body of the government which shall be tasked
tocoordinate, monitor and evaluate the programs and action plans of the government
relating toclimate change pursuant to the provisions of the Act. Pursuant to Section 6 of
the Climate Act, itmay call upon relevant government agencies to implement and pursue
the various provisions ofthe Climate Act and the programs adopted by the
Commission.The Commission shall be organized based on the organizational structure
and frameworkapproved by the President upon the recommendation of the Executive
Director and ViceChairperson of the Commission. The Department of Budget and
Management (DBM) shall carryout the approved offices, items and positions for the
Commission, including the national panel oftechnical experts to be hired by the
Commission as provided for under Section 10 of the ClimateAct.
Section 5.Composition of the Commission. The Commission shall be composed of the
Presidentof the Republic of the Philippines who shall serve as the Chairperson, and three
(3)Commissioners to be appointed by the President, one of whom shall serve as the
ViceChairperson of the Commission.The Commission shall have an Advisory Board
composed of the following:
(a) Secretary of the Department of Agriculture (DA);
(b) Secretary of the Department of Energy (DOE);
(c) Secretary of the Department of Environment and Natural Resources (DENR);
(d) Secretary of the Department of Education (DepEd);
(e) Secretary of the Department of Foreign Affairs (DFA);
(f) Secretary of the Department of Health (DOH);
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(g) Secretary of the Department of the Interior and Local Government (DILG);
(h) Secretary of the Department of National Defense (DND), in his capacity as Chair of
theNational Disaster Coordinating Council (NDCC);
(i) Secretary of the Department of Public Works and Highways (DPWH);
(j) Secretary of the Department of Science and Technology (DOST);
(k) Secretary of the Department of Social Welfare and Development (DSWD);
(l) Secretary of the Department of Trade and Industry (DTI);
(m) Secretary of the Department of Transportation and Communications (DOTC);
(n) Director-General of the National Economic and Development Authority (NEDA), in his
capacityas Chair of the Philippine Council for Sustainable Development (PCSD);
(o) Director-General of the National Security Council (NSC);
(p) Chairperson of the National Commission on the Role of Filipino Women (NCRFW);
(q) President of the League of Provinces of the Philippines (LPP);
(r) President of the League of Cities of the Philippines (LCP);
(s) President of the League of Municipalities of the Philippines (LMP);
(t) President of the Ligangmga Barangay;
(u) One (1) Representative from the academe;
(v) One (1) Representative from the business sector; and
(w) One (1) Representative from nongovernmental organizations.At least one (1) of the
sectoral representatives shall come from the disaster risk reductioncommunity. The
representatives shall be appointed by the President from a list endorsed by
theCommissions Executive Director based on the nominees submitted by their respective
groups tothe Commission. They shall serve for a term of six (6) years without
reappointment
unless
theirrepresentation
is withdrawn by
the sector
they represent. The withdrawal of the appointment ofthe sectoral representative shall be
submitted in writing to the Commission for the approval ofmajority of the Advisory
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Board. Appointment to any vacancy shall be only for the unexpired termof the
predecessor.Only the ex-officio members of the advisory board shall appoint a qualified
representative whoshall hold a rank of no less than an Undersecretary.
Section 6.Meetings of the Commission. The Commission shall meet once every three
(3) months,or as often as may be deemed necessary by the Chairperson or by the Vice
Chairperson. Themeeting shall be assisted by a Board Secretary to be provided by the
Climate Change Officewhich will prepare the agenda and take the minutes of the meeting.
Agency Assistance.-- The Chairperson, or in his/her absence, the ViceChairperson/Executive Director may likewise call upon other government agencies and
theirconcerned officials for the effective implementation of the provisions of the Act. The
Chairpersonor Vice Chairperson/Executive Director may require the concerned official to,
among others, bringany and all documents necessary to ensure strict compliance to air
emission standards and actwith urgency to combat deforestation and environmental
degradation as well as apprehendviolators as provided for under Section 3 of
Administrative Order 171.All concerned government offices and officials shall provide
assistance and resources to theCommission in its conduct of rapid assessment on the
impact of climate change to the Philippinesetting, especially on the most vulnerable
sectors/areas, like water, agriculture, coastal areas, aswell as on the terrestrial and marine
ecosystems, among others.All concerned government offices and officials shall likewise
assist the Commission and provideresources to undertake/utilize strategic approaches
and measures to prevent or reduce greenhouse gas emissions in the Philippines, including
fuel efficiency, energy conservation, use of renewable energy, waste management, among
others. The Commissions Executive Director may endorse to the Office of the
Ombudsman the filing of any appropriate disciplinary or administrative case against any
official or head of agency who shall refuse to extend assistance or provide the necessary
document to the Commission as conduct prejudicial to the interest of the government.
Section 7.Qualifications, Tenure and, Compensation of Commissioners. The
Commissionersmust be Filipino citizens, residents of the Philippines, at least thirty (30)
years of age at the timeof appointment, with at least ten (10) years of experience on climate
change issues and of provenhonesty and integrity. The Commissioners shall be experts in
climate change by virtue of theireducational background, training and experience:
Provided :
1. That at least one (1) Commissionershall be female:
2. That in no case shall the Commissioners come from the samesector:
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3. That in no case shall any of the Commissioners appoint representativesto act on their
behalf.The Commissioners shall hold office for a period of six (6) years and may be
reappointed foranother term:
4. That no person shall serve for more than two (2) consecutive terms:
5. That in case of a vacancy, the new appointee shall fully meet the qualificationsof a
Commissioner and shall hold office for the unexpired portion of the term only:
6. That in no case shall a Commissioner be designated in a temporary or acting
capacity.The Vice Chairperson and the Commissioners shall have the rank and privileges
of a DepartmentSecretary and Undersecretary, respectively. They shall be entitled to
correspondingcompensation, benefits and other emoluments provided for under existing
civil service rules andshall be subject to the same disqualifications.
RULE V
CLIMATE CHANGE OFFICE
Section 8.Climate Change Office. The Climate Change Office created by the Climate
Act to assist the Commission shall be headed by the Vice Chairperson of the Commission
who shall act as the Executive Director of the Office. The Commission shall have
the authority to determine the number of staff and create corresponding positions
necessary to facilitate the proper implementation of the Act, subject to civil service laws,
rules and regulations. The DBM shall carry out the approved offices, items and positions
for the Commission including the national panel of technical experts to be hired by the
Commission as provided for under Section 10 of the Climate Act.
Appointment to the Climate Change Office.-- The officers and employees of the
Climate
Change Office shall
be appointed by
the Executive Director. The Executive Director shall in accordance with civil service, DBM,
COA and government procurement rules and regulations, act as head of the Climate
Change Office. He shall exercise administrative control and supervision over all the offices
under it including the authority to discipline officers and employees there under. He may
issue office rules and regulations governing employee conduct and discipline, office
functions and delineation of authority for the effective implementation of the Climate Act.
Other Offices. The Climate Change Office, headed by the Executive Director, shall be
comprised of the following offices:
(a) the Office of the Deputy Executive Director for Operations;
(b) the Office of the Deputy Executive Director for Plans and Programs;
(c) the Office of the Deputy Executive Director for Finance and Accounting; and
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(e) Recommend legislation, policies, strategies, programs on and appropriations for climate
change adaptation and mitigation and other related activities;
(f) Recommend key development investments in climate- sensitive sectors such as water
resources, agriculture, forestry, coastal and marine resources, health, and infrastructure
to ensure the achievement of national sustainable development goals;
(g) Create an enabling environment for the design of relevant and appropriate risk-sharing
and risk-transfer instruments;
(h) Create an enabling environment that shall promote broader multi-stakeholder
participation,through a massive and comprehensive public information and awareness
campaign nationwideto educate the public on the climate change situation and its advers
effects, and integrate climatechange mitigation and adaptation;
(i) Formulate and undertake strategies on mitigating GHG and other anthropogenic causes
ofclimate change, including fuel efficiency, energy conservation, use of renewable energy,
andwaste management, among others,;
(j) Coordinate and establish a close partnership with the NDCC in order to increase
efficiency andeffectiveness in reducing the peoples vulnerability to climate-related
disasters;
(k) In coordination with the DFA, represent the Philippines in the climate change
negotiations;
(l) Formulate and update guidelines for determining vulnerability to climate change
impacts andadaptation assessments and facilitate the provision of technical assistance for
theirimplementation and monitoring;
(m) Coordinate with local government units (LGUs) and private entities to address
vulnerability toclimate change impacts of regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local adaptation planning, implementation and
monitoring ofclimate change initiatives in vulnerable communities and areas;
(o) Promote and provide technical and financial support to local research and
developmentprograms and projects in vulnerable communities and areas; and
(p) Oversee the dissemination of information on climate change, local vulnerabilities and
risks,relevant laws and protocols and adaptation and mitigation measures.
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Other Functions. -- Pursuant to Sec. 23 of the Climate Act, the following powers and
functions of the Presidential Task Force on Climate Change created under Administrative
OrderNo. 171 and the Inter-Agency Committee on Climate Change created by virtue of
Administrative Order No. 220, shall be absorbed by the Commission:
1. Conduct rapid assessment on the impact of climate change to the Philippine setting,
especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, as
well as on the terrestrial and marine ecosystems, among others.
2. Ensure strict compliance to air emission standards and act with urgency to combat
deforestation and environmental degradation as well as apprehend violators.
3. Design concrete risk reduction and mitigation measures and adaptation responses,
especially to address short-term vulnerabilities, on sectors and areas where climate change
will have the greatest impact.
4. Collaborate with international partners at the bilateral, regional and multilateral levels to
support a global front to stabilize greenhouse gas emissions and institute mitigating and
adaptive measures, especially for developing countries.
5. Continue to oversee the execution and implementation of EO 774 in coordination with
Task Groups Heads, including monitoring the implementation of climate change projects
identified in EO 774.
6. Coordinate and review government and official development assistance programs and
projects; and.
7. Perform such other function as may be directed by the President.
Regulatory and Enforcement Programs. The Commission shall coordinate with local
government units (LGUs) and private entities to address vulnerability to climate change
impacts of regions, provinces, cities and municipalities. It shall also encourage business,
public and private sector compliance with existing environment, forestry, mining, energy,
clean air, solid waste and land use laws, rules and regulations. Pursuant to the Climate
Act and Administrative Order 171, the Commission shall conduct rapid assessment on the
impact of climate change to the Philippine setting, especially on the most vulnerable
sectors/areas, like water, agriculture, coastal areas, as well as on the terrestrial and
marine ecosystems, among others. For this purpose, it shall initiate data gathering
activities from various government agencies and look into compliance with existing laws
and regulationsincluding but not limited to environmental impact assessments and
environmental compliancecertificates, integrated annual operations plan, exploration
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PART III
FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE
RULE VIII
CLIMATE CHANGE FRAMEWORK AND PROGRAM
Section 11.Framework Strategy and Program on Climate Change. The
Commission shall, within six (6) months from the effectivity of the Act, formulate a
Framework Strategy on Climate Change. The Framework shall serve as the basis for a
program for climate change planning, research and development, extension,
and monitoring of activities, programs and projects to protect vulnerable communities
from the adverse effects of climate change. The Framework shall be formulated based on
climate change vulnerabilities, specific adaptation needs and mitigation potential, and in
accordance with international agreements to which the Philippines is a Party. The
Framework shall be reviewed every three (3) years, or as may be deemed necessary.
Section 12.Components of the Framework Strategy and Program on Climate
Change.
The Framework shall include, but not be limited to, the following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
Section 13.National Climate Change Action Plan. The Commission shall formulate a
National Climate Change Action Plan in accordance with the Framework within one (1)
year after the formulation of the latter. The National Climate Change Action Plan shall
include, but not be limited to, the following components:
(a) Assessment of the national impact of climate change;
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climate change. The training program shall include socioeconomic, geophysical, policy,
and other contents necessary to address the prevailing and forecasted conditions and risks
of particular LGUs. It shall likewise focus on women and children, especially in the rural
areas, since they are the most vulnerable;
(c) The Department of Environment and Natural Resources (DENR) shall oversee the
establishment and maintenance of a climate change information management system and
network, including on climate change risks, activities and investments, in collaboration
with other concerned national government agencies, institutions and LGUs;
(d) The Department of Foreign Affairs (DFA) shall review international agreements related
to climate change and make the necessary recommendation for ratification and
compliance by the government on matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate information on climate
change, local vulnerabilities and risk, relevant laws and protocols and adaptation and
mitigation measures; and
(f) Government financial institutions (GFIs), shall, any provision in their respective charters
to the contrary notwithstanding, provide preferential financial packages for climate
change-related projects. In consultation with the BangkoSentralngPilipinas (BSP), they
shall, within thirty (30)days from the effectivity of the Act, issue and promulgate the
implementing guidelines therefor. The Commission shall evaluate and recommend the
approval of loans from such GFIs, and monitor the use by LGUs of the said loans.
RULE IX
COORDINATION WITH OTHER GOVERNMENT AGENCIES
Section 16.Coordination with Various Sector. In the formulation of the Framework
Strategy and the development and implementation of the National Climate Change Action
Plan, and the local action plans, the Commission shall coordinate with the nongovernment
organizations (NGOs), civic organizations, academe, peoples organizations, the private and
corporate sectors and other concerned stakeholder groups.
RULE X
CLIMATE CHANGE GRANTS AND DONATIONS
Section 17.Authority to Receive Donations and/or Grants. The Commission is
hereby authorized to accept grants, contributions, donations, endowments, bequests, or
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gifts in cash or in kind, from local and foreign sources in support of the development and
implementation of climate change programs and plans:
Provided
1. That in case of donations from foreign governments, acceptance thereof shall be subject
to prior clearance and approval of the President of the Philippines, upon recommendation
of the Secretary of Foreign Affairs:
2. That such donations shall not be used to fund personal services expenditures and
other operating expenses of the Commission. The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion of technologies;
(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory,
andadaptation capability building;
(c) Advocacy, networking and communication activities in the conduct of information
campaign;and
(d) Conduct of such other activities reasonably necessary to carry out the objectives of this
Act,as may be defined by the Commission.
Section18. Funding Allocation for Climate Change. All relevant government agencies
and LGUsshall allocate from their annual appropriations adequate funds for the
formulation, developmentand implementation, including training, capacity building and
direct intervention, of theirrespective climate change programs and plans. It shall also
include public awareness campaignson the effects of climate change and energy-saving
solutions to mitigate these effects, andinitiatives, through educational and training
programs and micro-credit schemes, especially forwomen in rural areas. In subsequent
budget proposals, the concerned offices and units shallappropriate funds for
program/project development and implementation including continuingtraining and
education in climate change.
Section 19. Joint Congressional Oversight Committee. There is hereby created
a Joint Congressional Oversight Committee to monitor the implementation of
this Act. The Oversight Committee shall be composed of five (5) Senators and
five (5) Representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by a Senator and a Representative to be
designated by the Senate President and the Speaker of the House of
Representatives, respectively. Its funding requirement shall be charged against
the appropriations of Congress.
PART IV
FINAL PROVISIONS
RULE XI
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Philippine Inventory of
Chemical and Chemical
Substances (PICCS)
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Acute lethality
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Teratogenicity
Carcinogenicity
1. 1,1,1, -Trichloroethane
2. 1,2 Diphenylhydrazine
16.Halons
3. Arsenic Compounds
17.Hexachlorobenzene
4. Asbestos
18.Hexachloroethane
5. Benzene
6. Beryllium Compounds
7. Cadmium Compounds
21.Mirex
8. Carbon Tetrachloride
23. Phosgene
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10. Chloroform
24. Pentachlorophenol
26. Selenium
27.Tributyltin
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(Sgd.)ANTONIO H. CERILLES
Secretary
Published at:
Philippine Daily Inquirer - September 23, 1998 - page 12
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NOTE:
1. Completion
and
submission
to
the
DENR-Environmental
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2. Completion
and
submission
to
the
concerned
Incentives for complying sectors shall be adopted from time to time by the
Department in accordance with existing DENR Rules and Regulations.
This Order shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation and fifteen (15) days upon submission to the
Office of the National Administrative Register, UP Law Center.
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Published at:
Malaya December, 2005
The Manila Times December 21, 2005
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Section 2. Policy
It is the policy of DENR to minimize hazards to human health and the
environment from the improper use, management, disposal, and subsequent
release and exposure to harmful substances.
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Mercury and mercury compounds are toxic to aquatic life even at low
concentrations, especially the methylated forms of mercury. It is also known to
bioconcentrate greatly in the food chain causing risks to humans who become
ecological receptors through fish ingestion. It is used in a variety of
applications, for example, in the preparation of chlorine, in the production of
electrical apparatus, industrial controls and switches, anti-fouling coatings and
fungicides and in metallurgy and mining. In man, it has been shown to cause
neurological disorders through the
inhalation of mercury vapors and ingestion of methylated forms of mercury.
This CCO, therefore, is meant to control their use and dispersion into the
environment to avoid these adverse consequences.
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Section 5. Objectives
This CCO has the following objectives:
(1) Reduce hazards to health and the environment from the use, handling,
management, transport and disposal, and subsequent release and exposure to
mercury.
(2) Establish requirements and procedures for importation (for use in
commerce), transport, manufacturing, labeling, re-labeling, spill handling,
emergency procedures, and proper treatment, storage, and disposal of mercury
and mercury compounds as well as mercury-contaminated containers and
mercury-bearing or mercury-contaminated wastes.
(3) Establish limitation of use of certain mercury and mercury containing
substances.
(4) Control and regulate the disposal of mercury contaminated wastes and
establish requirements so that access to, use and disposal of any mercury and
mercury containing materials will be limited to persons who have the expertise
and facilities to handle these substances with minimum discharge to the
environment.
(5) Establish a registration, monitoring and compliance program to enforce the
tenets and covenants of this Order.
Section 6. Exemptions
The following are exempt from this CCO:
(1) All premises and entities which handle substances and mixtures exempt
under Title II of DAO 29, Series of 1992.
(2) Industries and other users whose exemption claims have been approved by
the Department of the time period identified in the Departments approval.
Industries must complete the Departments exemption claim form and get
approval from the Department.
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Disposal Consideration
Expiry or Best Use Before information
Visible labels and marks shall be strictly required for all such containers
sixty (60)
days after the effective date of this Order.
(4) Storage Requirements
Storage areas for mercury and mercury compounds or mercury-bearing
ormercury-contaminated waste items must meet the following conditions:
(a) The storage area should be marked or delineated clearly by fencing, posts,
orwalls in order to limit access to it.
(b) A recording system on the condition of the storage area should be
established,details of which shall include the observations, name of inspector,
date inspected,etc.
(c) The dates when mercury and mercury-containing materials were placed in
thestorage area should be indicated on the container and duly recorded.
(d) The storage area should have adequate roof and walls to prevent rain water
fromreaching the mercury and mercury-containing material.
(e) There should be no cracks or openings of any kind in the containment floor
orwalls that could allow the flow of mercury outside the area.
(f) Floors of the storage area must be constructed of impervious material such
asconcrete or steel, and if the mercury is in liquid form, should be surrounded
by abund wall to contain spills.
(g) Visible warning signs and notices must be placed in conspicuous areas in
thepremises.
(h) Drainage facilities should be installed in premises where mercury and
relatedcompounds are used and handled to contain possible spillage or
releases.
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(i) Emergency showers and eyewash units with adequate water supply should
bemade available in premises where mercury and related compounds are used
orhandled.
(j) Fire-fighting facilities should be in place for use in case of fire(s).
(k) Access to mercury and its compounds should be restricted to those
withadequate training for such purpose.
(l) A copy of the material Safety Data Sheet should always be available in the
area.
(m) Segregation, adequate ventilation and ideal condition for storage of the
chemicalshould be maintained in the area.
(n) Adequate security siting and access to the area should be ensured.
(o) Proper loading or unloading of containers should be observed.
(p) A workable emergency plan must be in place and implemented immediately
incase of accidental spillage and other emergencies.
(q) Only trained personnel should be handling containers in storage as well as
in thetransport of such substances or mixtures.
(5) Management Requirements
A Mercury Management Plan must be submitted with the registration formto
the Environmental Management Bureau of the Department. The objective ofthe
management plan is to ensure that mercury is being managed in a mannerthat
will eliminate or minimize its risks to people and the environment. Throughthe
management plan, a premise will show that it has the necessary mechanismsto
manage the raw materials or products so that they are used for their
intendedpurposes and are not released to the environment. It will describe
anymanufacturing process that involve mercury and show a mass balance for
thechemical. The plan will also contain information on the waste
managementpractices and provide a description of all releases to all
environmental media. Animportant aspect of the plan will be a description of
the premises wasteminimization programs or pollution prevention programs.
These programs shouldlook for ways to minimize or eliminate the use of
mercury in processes used atthe premises. The details of the management plan
will vary depending on thetype of premise and the type of activity being
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Section 15.Effectivity
These Rules and Regulations shall take effect thirty (30) days after
completion ofpublication in the Official Gazette or in a newspaper of general
circulation:
(Sgd.)VICTOR O. RAMOS
Secretary
Published at:
Philippine Daily Inquirer - January 29, 1998 - page 16
Philippine Star - January 29, 1998 -page 29
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Section 2. Policy
In the policy of DENR to minimize hazards to human health and the
environment from the improper use, management, disposal and subsequent
release and exposure to harmful
substance.
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(a) Act means Republic Act 6969 otherwise known as the Toxic
Substances and Hazardous and Nuclear Wastes Control Act of 1990.
(b) Department means the Department of Environment and Natural
Resources.
(c) Authorized Officer means a person appointed under the Act as an
authorized officer for the purpose of the Act. 2
(d) Cyanide means any substance containing the element cyanide ion,
CN as found in metallic cyanide and hydrogen cyanide.
Cyanide and cyanide compounds are highly toxic to humans and aquatic
life even at low concentrations.. Cyanides are used in a variety of industrial
applications. These include steel, plastic, synthetic fibers, chemical synthesis,
electroplating, metallurgy, and mining. Over the years, however, they have
been increasingly used for other purposes which are detrimental to the
environment such as in the fishing sector. Also, their careless use has resulted
in some incidents and accidents which have disastrous effect on human health
and the environment.
Its CCO, therefore, is meant to control their use and dispersion into the
environment to avoid the adverse consequences.
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Section 5. Objectives
This CCO has the following objectives:
(1) Reduce hazards to health and the environment from the use, handling,
management, transport and disposal, and subsequent release and exposure to
cyanide.
(2) Establish requirements and procedures for importation (for use in
commerce), transport, manufacturing, labeling, re-labeling, spill handling,
emergency procedures, improper treatment,
3 storage, and disposal of cyanide and cyanides compounds as well as cyanide
contaminated containers and cyanide-bearing or cyanide contaminated wastes.
(3) Establish limitation of use of certain cyanide and cyanide containing
substances.
(4) Control and regulate the disposal of cyanide contaminated wastes and
establish requirements so that access to, use and disposal of any cyanide and
cyanide containing materials will be limited to persons who have expertise and
facilities to handle these substances with minimum discharge to the
environment.
(5) Establish a registration, monitoring and compliance program to enforce, the
tenets and covenants of this Order.
Section 6. Exceptions
The following are exempt from this CCO:
(1) All premises and entities which handle substances and mixtures exempt
under Title II of DAO 29, Series of 1992.
(2) Industries and other users whose exemption claims have been approved by
the Department of the time period identified in the Departments approval.
Industries must complete the Departments exemption claim form and get
approval from the Department.
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treatment, storage and transport and disposal ofwastes arising from their use
of cyanide and cyanide compounds.
(2). Manifest
All importers and users of cyanide and cyanide compounds,and treaters
and disposers of cyanide-bearing or cyanide-contaminatedwastes must comply
with the manifest requirementsspecified under the relevant sections of DAO 29
and those to be prescribed by the Environmental Management Bureau of
theDepartment.
(3) Labeling or Re-Labeling Requirements
The labels and marks are required for all containers ofcyanide and
cyanide containing products or cyanide-bearing orcyanide-contaminated
wastes must clearly indicate that the
material contains cyanide and that the same is regulated underthis CCO. The
labels, at a minimum, should contain the followinginformation:
Chemical Name of the Material
Chemical Composition/Formula
Warning: Contains a Toxic Material
First Aid Measures
Accidental release/spillage measures
Handling and Storage
Exposure Controls
Toxicological Information
Disposal Consideration
Expiry or Best Use Before Information
Visible labels and marks shall be strictly required for all suchcontainers
sixty (60) days after the effective date of this Order.
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(l) A copy of the material Safety Data Sheet should always beavailable in
the area.
(m)Segregation, adequate ventilation and ideal condition forstorage of the
chemical should be maintained in the area.
(n) Adequate security siting and access to the area should beensured.
(o) Proper loading or unloading of containers should beobserved.
(p) A workable emergency plan must be in place andimplemented
immediately in case of accidental spillage andother emergencies.
(q) Only trained personnel should be handling containers instorage as
well as in the transport of such substances ormixtures.
(5) Management Requirements
A Cyanide Management Plan must be submitted with the registration
form to the Environmental Management Bureau of theDepartment. The
objective of the management plan is to ensurethat cyanide is being managed in
a manner that will eliminate orminimize its risks to people and the
environment. Through themanagement plan a premise will show that it has the
necessarymechanisms to manage the raw materials or products so that theyare
used for their intended purposes and are not released to theenvironment. It will
describe any manufacturing process and arenot released to the environment. It
will describe anymanufacturing process that involves cyanide and show a
massbalance for the chemical. The plan will also contain information onthe
waste management practices and provide a description of allreleases to all
environmental media. An important aspect of theplan will be a description of
the premises waste minimizationprograms or pollution prevention programs.
These programs tolook for ways to minimize or eliminate the use of cyanide
inprocesses used at the premises. The details of the managementplan will vary
depending on the type of premises and the type ofactivity being conducted,
which may include importing, packagingor manufacturing or whether the
operator or owner is the end-user.Below is a general outline for the
management plan.
General Description
(a) Location, owner, operator
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Any importer or distributor selling to non-authorized personsor endusers shall be held liable under R.A. 6969. Chemicals maybe confiscated and
storage fees of confiscated chemicals shall becharged jointly and solidarity to
the importer and/or distributor and
the end-user.
The importer and distributor shall likewise be held liabletogether with
the end-user in cases of injury or damage to publichealth and the environment
and shall properly compensate theaffected parties and restore the damaged
areaor area resulting from any incident or accident envolving the use,sale,
manufacture, distribution, storage, transport, treatment anddisposal of cyanide
and cyanide compounds.
Section 15.Effectivity
These Rules and Regulations shall take effect thirty (30) daysafter
completion of publication in the Official Gazette or in anewspaper of general
circulation.
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Control Act of 1990), Section 30 of Republic Act No. 8749 (The Philippine Clean
Air Act of 1999) and Resolution No. 25 dated 10 March 1993 of the Senate of
the Republic of the Philippines ratifying the Montreal Protocol on Substances
that Deplete the Ozone Layer as adjusted and amended by the Second Meeting
of the Parties in London, 27-29 June 1990 and further amended by the Third
Meeting of the Parties in Nairobi, 19-21 June 1991, the Department hereby
promulgates the following Chemical Control Order, hereinafter referred to as
CCO:
Section 2.COVERAGE.
This CCO covers the ban, limit and/or regulate the use, manufacture,
import, export, transport, processing, storage, possession or sale of the
following chemical substances, to wit:
2.1 Groups I and II of Annex A, and Groups I, II, and III of Annex B of the
Montreal Protocol. Regardless of source, these substances listed below can be
in forms
defined under Article I, paragraph 4 of the Montreal Protocol as clarified under
Decision I/12A of the First Meeting of the Parties and Decision II/4 of the
Second Meeting of the Parties, herein enclosed as Appendix I.
In general, these substances can be existing alone or in mixtures, can be
contained in bulk for transport and/or storage, part of a use system or
equipment, or used and/or contained in a manufactured product, to wit:
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____________________
ODP is an index pertaining to the extent to which a chemical product may cause
ozonedepletion using the reference level of 1, which is the ODP assigned to CFC11 and CFC-12. It iscalculated from mathematical models that take into account
factors such as the stability of theproduct, the rate of diffusion, the quantity of
depleting atoms per molecule, and the effect of ultravioletlight and other radiation
on the molecules.
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2.2 The substances listed below as Annex C and Annex E are not covered
by Section 3of this CCO until such time that the Senate of the Philippines
ratifies the amendmentsand adjustments to the Montreal Protocol starting on
the agreements of the FourthMeeting of the Parties (Copenhagen, 23-25
November 1992) onwards.
However, any importation of these substances is subject to PreShipmentImportation Clearance as required under Section 6 hereof except for
Group I ofAnnex E (methyl bromide) which is being regulated by the Fertilizer
and PesticideAuthority of the Department of Agriculture.
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__________________
2 Where a range of ODP is indicated, the highest value in that range shall be
used forthe purpose of the Montreal Protocol. The ODPs listed as a single value
have beendetermined from calculations based on laboratory measurements.
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Those listed as arange are based on estimates and are less certain. The range
pertains to an isometricgroup. The upper value is the estimate of the ODP of the
isomer with the highest ODP,and the lower value is the estimate of the ODP of
the isomer with the lowest ODP.
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the 1996 levels were only estimated consumption based on available data. An
allowance of 75%
is added to consider unaccounted imports.
at the end of every calendar year, any remainder of the allowable quota for a
particular substanceis deemed consumed.
(e) At the year ending 31 December 2003, imports shall not exceed
sixtyfive per cent (65%) of 1996 recorded imports by weight.
(f) At the year ending 31 December 2004, imports shall not exceed
sixtyper cent (60%) of 1996 recorded imports by weight.
(g) At the year ending 31 December 2005, imports shall not exceed
fiftyper cent (50%) of 1996 recorded imports by weight.
(h) At the year ending 31 December 2006, imports shall not exceed
fortyfive per cent (45%) of 1996 recorded imports by weight.
(i) At the year ending 31 December 2007, imports shall not
exceedfifteen per cent (15%) of 1996 recorded imports by weight.
(j) At the year ending 31 December 2008, imports shall not exceed
tenper cent (10%) of 1996 recorded imports by weight.
(k) At the year ending 31 December 2009, imports shall not exceed
fiveper cent (5%) of 1996 recorded imports by weight.
(l) At the year ending 31 December 2010, imports shall not exceed
fiveper cent (5%) of 1996 recorded imports by weight.
3.2.6 Beginning 01 January 2011, all kinds of importation of substances
(alone or inmixtures) under Section 2.1 hereof either for servicing or for
essential uses asprovided under Section 3.2.2 will be absolutely
prohibited. The DENR-EMB,through the issuance of an appropriate
policy instrument, may accelerate thephaseout schedules for servicing
and essential uses as may be deemednecessary.
3.2.7 With regard to applications for Pre-Shipment Importation
Clearances forGroup I of Annex A substances received by the DENR-EMB
before theclosing of regular office hours on 31 December 2010, only
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4.2 Application for registration must include the following information, to wit:
4.2.1 Duly accomplished registration form;
4.2.2 Copy of the Environmental Compliance Certificate issued by the
appropriateoffice of the DENR, if warranted;
4.2.3 Whether the applicant is an Importer-Distributor or an Importer End-user;
4.2.4 Certified copy of the SEC, CDA or DTI Registration and updated list
of itsofficers; and,
4.2.5 Such other information and/or documents as may be required by
the DENREMB.
4.3 Certificates of Registration are valid only for one year. It is therefore
required that thesame be renewed every year.
4.4 The foregoing requirements for registration do not preclude other
requirements andconditions already prescribed by Administrative Order 98-58.
4.5 In case an importer is also a service provider, the Certificate of Registration
will suffice and is deemed accredited pursuant to Section 5 hereof, provided
that theservices offered are so declared in the registration form.
4.6 The DENR-EMB shall, upon evaluation of application, determine the
annual quotaper substance for every importer pursuant to Section 3.2 hereof.
4.7 Violation of the provisions of this CCO, DAO 92-29, DAO 98-58, RA 6969
and otherrelevant environmental laws and regulations shall constitute grounds
for the cancellation of the certificate of registration.
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6.2 Applications for importation clearance must observe the following, to wit:
6.2.1 For alternative or substitute substances for halons, the applicant
shall securea certification from the Bureau of Products Standards (DTIBPS) on theconformance of the same to established product standards.
6.2.2 Any application for importation clearance for substances under
Section 2must be within the prescribed quota pursuant to Section 3.2.3
hereof.
6.2.3 Duly accomplished application forms shall only be received for
processingafter payment of prescribed application fees and charges.
6.2.4 Application forms are accomplished in two (2) copies -- i.e., the
original copyshall be filed with the DENR-EMB for assessment and
evaluation, andduplicate copy which serve as reference document of the
applicant.
6.2.5 Application forms shall only be processed until the following
information areprovided, to wit:
(a) Commercial name or the trade/brand name of the substance
asusually promoted/marketed by the manufacturers;
(b) Generic name of the substance;
(c) Name of the manufacturing company;
(d) Port of loading or the country or port immediately before
thesubstance enters into the Philippine territory;
(e) Exporting company or any entity that transacts or brokers
thechemical substance from the manufacturer to the importing
company;
(f) Current inventories of the substance that is the subject of
theapplication for importation clearance, including the
area/building withinwhich the same is stored either for further
transshipment ordistribution.
6.2.6 All accomplished application forms must include the following
documents:
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Section 11.EFFECTIVITY.
This CCO shall take effect 15 days after its publication in theOfficial
Gazette or in at least two- (2) newspaper of general circulation.
Appendix I
(Footnote to Paragraph 4, Article 1 of the Montreal Protocol)
The First Meeting of the Parties decided in Dec. 1/12A to agree to the following
clarificationof the definition of controlled substances (in bulk) in Article I,
paragraph 4 of the MontrealProtocol:
(a) Article I of the Montreal Protocol excludes from consideration as a
"controlled substance" any listed substance, whether alone or in a mixture,
which is in amanufactured product other than a container used for
transportation or storage;
(b) Any amount of a controlled substance or a mixture of controlled substances
which isnot part of use system containing the substance is a controlled
substance for thepurpose of the Protocol (i.e. a bulk chemical);
(c) If a substance or mixture must first be transferred from a bulk container to
anothercontainer, vessel or piece of equipment in order to realize its intended
use, the firstcontainer is in fact utilized only for storage and/or transport, and
the substance ormixture so packaged is covered by Article I, paragraph 4 of the
Protocol;
(d) If, on another hand, the mere dispensing of the product from container
constitutes theintended use of the substance, then that container is itself part
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The Second Meeting of the Parties decided in Dec. II/4 to clarify the definition
of"controlled substance" in paragraph 4 of Article I of the Protocol so that it is
understoodto include the isomers of such substances except as specified in the
relevant Annex.
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of the Philippines ratifying the Montreal Protocol on Substances that Deplete the
Ozone Layer and Resolution No. 86 dated March 19, 2001 of the Senate of the
Republic of the Philippines ratifying the Copenhagen Amendments, and to
strengthen the legal infrastructure to support the implementation of the
Philippine National CFC Phaseout, the Department hereby revises DAO 200018 and DAO 2002-22 and promulgates the revised Chemical Control Order for
Ozone Depleting Substances (ODS), hereinafter referred to as CCO for ODS:
Section 2.COVERAGE
This CCO applies to the importation, exportation, use, manufacture,
distribution, processing, storage, possession and sale of chemical substances
under Annex A, Group I & II, and Annex B, Group I, II, III and Annex C, Group
I & II of the Montreal Protocol, as amended, listed in ANNEX II. Annex E
substance (Methyl Bromide), being a pesticide, is covered by Section 9 of
Presidential Decree 1144 and Sections 1 and 2 of Article III of the Fertilizer and
Pesticide Authority (FPA) Rules and Regulations No. 1, Series of 1977.
Regardless of source, these substances can be in forms defined under
Article I, paragraph 4 of the Montreal Protocol as clarified under Decision
I/12A of the First Meeting of the Parties and Decision II/4 of the Second
Meeting of the Parties, herein enclosed as Annex I.
In general, these substances can be existing alone or in mixtures, can be
contained
in bulk for transport and/or storage, part of a use system or equipment, or
used and/or contained in a manufactured product. These substances are listed
in Annex II which is deemed considered as essential part of this CCO for ODS.
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The ban on importation, except for essential uses, in any amount, of the
following substances whether alone or in mixtures as previously enunciated in
the Notice to the Public dated December 1998 is hereby affirmed:
a. Annex A Group I
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5.4 The annual import quota is non-cumulative, thus, any remainder of the
quota allocation for a particular substance is deemed consumed at the end of
the calendar year. The total annual imports shall be within the phase-out
schedule below:
For Annex A, Group I (specifically CFC-11, CFC-12 and CFC-115 in
R502):
a. Starting 01 January 1999, imports shall not exceed the recorded
average of the annual importation for the period 1995-1997 by
ODP weight;
b. Starting 01 January 2005, imports shall have been reduced by
fifty percent (50%) based on the recorded average of the annual
importation for the period 1995- 1997 by ODP weight.
c. Starting 01 January 2007, imports shall have been reduced by
eighty five percent (85%) based on the recorded average of the
annual importation for the
period 1995-1997 by ODP weight.
d. Starting 01 January 2010, all importation will be prohibited.
For Annex C:
a. Starting 01 January 2016, imports shall not exceed the recorded
annual importation for year 2015 by ODP weight.
b. Starting 01 January 2040, importation shall have been
absolutely prohibited.
5.5 Beginning 01 January 2005, all importation for CFC-11 will be absolutely
prohibited.
5.6 Beginning 01 January 2010, all kinds of importation of substances, except
essential use (alone or in mixtures) under Annex A, Group I as provided under
Section 5.2 will be prohibited.
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5.7 The Department, through the Bureau, may accelerate the phase out
schedules for servicing as may be deemed necessary through the issuance of
an appropriate policy instrument.
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8.1 Service shops shall be duly accredited by the DTI in accordance with
guidelines, rules and regulations issued for the purpose. Service
providers/technicians shall be certified by the Technical Education and Skills
Development Authority (TESDA) based on their level of technical and skills
competencies.
8.2 Service providers and service shops should have capability to take effective
measures, including the necessary equipment, technology, training and
infrastructure, for the purpose of effectively handling ozone-depleting
substances, including responsible re-use of refrigerants, minimizing their
emissions and ultimately phasing out their use by replacing with
substitutes/alternatives duly recognized and certified by the Department and
the Bureau.
8.3 Service providers and service shops shall also adhere to a Good Practice
Code for Refrigeration and Airconditioning to be developed as a condition for
the issuance and/or renewal of accreditation and/or certification.
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10.2 When confidentiality is not applied for, the report shall be considered as a
public document, provided that any disclosure of information subject to this
section and Sections 40(1) and 40(2) of DAO No. 29 series of 1992, shall be
done only in cases allowed under Section 40(3) of the same.
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Section 15.EFFECTIVITY
This CCO shall take effect fifteen (15) days after its publication in the
National Registration Center or in at least two (2) newspaper of general
circulation, except for Sections 6.7 and 7.4 which will enter into force starting
January 1, 2005.
(Sgd.)ELISEA
G. GOZUN
Secretary
ANNEX I
(Footnote to Paragraph 4, Article 1 of the Montreal Protocol)
The First Meeting of the Parties decided in Dec. 1/12A to agree to the following
clarification of the definition of controlled substances (in bulk) in Article I,
paragraph 4 of the Montreal Protocol:
a. Article I of the Montreal Protocol excludes from consideration as a "controlled
substance" any listed substance, whether alone or in a mixture, which is in a
manufactured product other than a container used for transportation or
storage;
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g. Because containers of all sizes are used for either bulk or manufactured
products, distinguishing on the basis of size is not consistent with the
definition in the Protocol. Similarly, since containers for bulk or manufactured
products can be designed to be rechargeable or not rechargeable, rechargeability is not sufficient for a consistent definition;
h. If the purpose of the container is used as the distinguishing characteristic as
in the Protocol definition, such as CFC or Halon-containing products as aerosol
spray cans and fire extinguishers, whether of the portable or the flooding type,
would therefore be excluded, because it is the mere release from such
containers which constitute the intended use.
The Second Meeting of the Parties decided in Dec. II/4 to clarify
the definition of "controlled substance" in paragraph 4 of Article I of the
Protocol so that it is understood to include the isomers of such
substances except as specified in the relevant Annex.
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1 Where a range of ODP is indicated, the highest value in that range shall be
used for the purpose of the Montreal Protocol. The ODPs listed as a single value
have been determined from calculations based on laboratory measurements.
Those listed as a range are based on estimates and are less certain. The range
pertains to an isometric group. The upper value is the estimate of the ODP of the
isomer with the highest ODP, and the lower value is the estimate of the ODP of
the isomer with the lowest ODP.
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Section 3.Definition
In this CCO, unless inconsistent with the context or subject matter, the
following definitions apply:
(1) DAO 29 means Implementing Rules and Regulations of Republic
Act of 6969.
(2) Department means the Department of Environment and Natural
Resources.
(3) Bureau means the Environmental Management Bureau.
(4) Asbestos means the fibrous forms of varieties of mineral silicates
belonging to rock
forming minerals of the serpentine group, i.e. chrysolite (white asbestos);
and the amphibole group i.e. actinolite, amosite (brown asbestos,
cummingtonitegrunerite), anthophyllite, crocidolite (blue asbestos) and
tremolite.
(5) Friable asbestos material means any material containing more
than one percent (1%) asbestos, as determined using standard polarized
light microscopy techniques, which when dry can be crumbled,
pulverized, or reduced to powder by hand pressure thereby, releasing
airborne fibers.
(6) Non-friable asbestos containing material means any material
containing more than one percent (1%) asbestos, as determined by using
standard polarized light micros- copy techniques, which when dry, can
not be crumbled, pulverized, or reduced to powder by hand pressure.
(7) Importer means any person or corporation that undertakes the
entry of a product or
substance into the country which is intended for direct consumption,
warehousing or distribution to manufacturers or end users.
(8) Storage means supply or stock reserved; put away for future use,
safekeeping or disposal.
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Section 5.Objectives
(1) General Objective:
Control and regulate the use and disposal of asbestos to minimize
hazards to human health and the environment.
(2) Specific Objectives:
(a) Increase awareness on the safe and responsible use of asbestos.
(b) Develop the framework for the proper management of asbestos raw
material, products and wastes.
(c) Define the requirements and procedures for importation,
manufacturing and proper treatment, storage and disposal of asbestos.
(d) Establish limitation of use of certain variety of asbestos and asbestos
containing materials and products.
(e) Establish a compliance monitoring program to enforce the tenets and
covenants of
this Order.
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(a) The use of asbestos and asbestos-containing materials as highdensity products shall be strictly limited to the following:
(i) Fire proof clothing;
(ii) Roofing felts or related products;
(iii) Asbestos cement roofing;
(iv) Asbestos cement flat sheet;
(v) Friction materials;
(vi) High temperature textiles products;
(vii) Gaskets;
(viii) Mechanical packing materials;
(ix) High-grade electrical paper;
(x) Battery separators; and
(xi) Other high -density products.
(b) The use of Amosite (Brown) and Crocidolite (Blue) Asbestos fibers and
of products containing these fibers is strictly prohibited.
(c) No spraying of all forms of asbestos in buildings shall be allowed.
(d) No new use of asbestos.
(e) Other products where new use of all forms of asbestos are prohibited:
(i) Toys;
(ii) Pipe and boiler lagging;
(iii) Low-density jointing compounds;
(iv) Corrugated and commercial paper;
(v) Untreated textiles;
(vi) Flooring felt and covering;
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(vii) Rollboard;
(viii) Specialty paper; and
(ix) Other low-density products
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These Rules and Regulations shall take effect six (6) months after formal
publication of this CCO in the Official Gazette and in two (2) newspapers of
general circulation.
(Sgd.)ANTONIO H. CERILLES
Secretary
Date Approved: 06 January 2000
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transport, treatment and disposal of PCBs and PCB wastes, to protect human
health and the environment.
2. Reduce the hazards and unreasonable risks posed to human health and the
environment from improper use and management of PCBs, PCB equipment,
PCB contaminated equipment, non-PCB-, equipment, PCB articles and ~PCB
packaging, and the subsequent release of PCBs and PCB wastes.
3. Est4kblish responsibilities for the management and handling of PCBs, PCB
equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles
and PCB packaging, and the subsequent release of PCBs and PCB wastes.
4: Establish requirements, procedures and limitations for the importation,
manufacture, use, and proper treatment, storage and disposal of PCBs, PCB
equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles
and PCB packaging, and subsequent release of PCBs and PCB wastes.
5. Establish a compliance monitoring program to enforce the provisions of this
CCO.
6. Increase public awareness and education on the effects of PCBs to human
health and the environment.
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DENR Hazardous number L 406. The term includes, but is not limited to all
the synonyms as listed in Annex A of this CC4.
5. Dielectric fluid is an oily substance that is used to provide an insulating
barrier in electrical equipment due to its excellent thermal stability and fire
resistance.
6. Capacitor means a device for accumulating and holding a charge of
electricity, and consisting of conducting surfaces separated by a dielectric fluid.
7. Transformer is a device that stabilizes or regulates the supply of electricity.
8. PCB equipment means any equipment that contain 500 ppm PCB or greater
(PCB 500 ppm).
9. PCB-contaminated equipment means any equipment that contain 50 ppm
PCB and higher but less than 500 ppm PCB (50 ppm PCB < 500 ppm).
10. Non-PCB equipment means any equipment that contains PCB
concentration of less than 50 ppm (PCB < 50 ppm)
11. PCB-Free material means any solid or liquid that does not contain any
PCB.
12. PCB wastes means discarded materials that contain PCBs or have been
contaminated with PCBs that are without any safe commercial, industrial,
agricultural or economic usage.
13. PCB article means any material, other than PCB wastes, whose surface
has been in direct contact with PCBs.
14. PCB packaging means any container or pressurized receptacle such as
can, bottle, bag, barrel, drum, tank, or other device that contains and secures
PCB articles and PCB wastes, respectively.
15. Name-plated means any equipment, article or packaging that has - an,
attached manufacturer's plate, label or plaque that bears information not
limited to the following; name of manufacturer, date of manufacture, serial
number, brand or model, origin, contents and dimension.
16. Non-plated means any equipment, article or packaging that has no
attached manufacturer's plate, label or plaque.
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g. Other uses
4. The following PCB Wastes are covered:
a. Contaminated solvents/waters
b. Used oil and waste oil
c. Sludges and slurries
d. Dredged spoils
e. Contaminated soils/sediments
f. By products g. Scraps
h. Ballasts and capacitors
i. Other materials contaminated with PCBs as a result of spills,
decommissioning and other demolition activities.
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wastes, PCB articles and PCB packaging in storage, and their respective
qualifications and training for the job;
ii. Number of persons with potential risk of exposure to PCBs, and
exposure duration;
iii. Program for storage, if any, including operators and location of
storage facilities; and
iv. Program for treatment and disposal, including schedule, contractor,
disposal method and facilities, their premises and locations, and such
other information, which the
Bureau may require.
c. The first Annual Report shall be submitted within six months after
registration, and subsequent Annual Reports shall be submitted at the end of
December of every calendar year
d. The registrant must also retain records of manufacture, distribution, and
use, in accordance with this CCO.
2.2 All registrants shall submit an Inventory Report of all PCB equipment,
PCB-contaminated equipment, non-PCB equipment, PCB articles and PCB
packaging stored and used, and PCB wastes generated and/or stored, in their
buildings/facilities/possession, in accordance with the following:
a: For name-plated PCB equipment, PCB contaminated equipment,
non-PCB equipment, PCB articles and labeled PCB packaging:
i. Registrants shall conduct a survey of PCB equipment,
PCBcontaminated equipment, non-PCB equipment, and PCB articles in
service; idle or unserviceable, including those PCB.wastes and PCB
packaging in storage, and submit an Inventory Report as part of the First
Annual Report due within six months after registration; and
ii. Power generation or distribution companies that operate more than
twenty (20) industrial facilities shall be given one (1) year to complete the
inventory. However, partial inventory reports should be submitted within
six months after registration
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j. The storage facility must be located far from residential communities, storm
drains, bodies of water, flood-prone areas and other environmentally critical
areas.
5.2 Storage Period
a. Maximum of three (3) years from effective date of this Order:
i. Decommissioned PCB equipment, PCB contaminated equipment and
non-PCB equipment that have been drained of PCB fluids;
ii. Decommissioned PCB equipment, PCB contaminated equipment and
non-PCB equipment that are sealed and with absolutely no leaks; and
iii. PCB articles and PCB wastes placed in a leak-proof PCB packaging.
b. Maximum of two (2) years after the end of the retirement period or date of
determination that the equipment must be disposed of, but not later than the
phase out period as provided for in this CCO:
i. PCBs or PCB-contaminated liquids that are in PCB packaging held as
reserve, or which have been drained from PCB equipment, PCBcontaminated equipment, or non-PCB equipment. .
ii. Leaking PCB equipment, PCB-contaminated equipment, non-PCB
equipment, and PCB articles, provided that leaking capacitors must
immediately and adequately be packed during storage.
iii. Other PCB equipment, PCB-contaminated equipment, non-PCB
equipment and PCB articles that are not sealed.
c. Notwithstanding the foregoing, the Department may direct the owner or
possessor to immediately dispose PCBs, PCB equipment, PCB-contaminated
equipment; non-PCB equipment, PCB wastes, PCB articles and PCB packaging,
to undertake cleanup of contaminated sites, to safeguard public health and the
environment.
6. Treatment and Disposal Requirements
6.1 The general requirements for treatment, storage; and disposal of PCBs and
PCB wastes are as follows:
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a. Preparatory and remedial work plan (i.e. PCB packaging, isolation draining,
and treatment of PCB equipment, PCB-contaminated equipment, non PCB
equipment and PCB articles, prior to
disposal) that must be submitted to the Bureau along with the
transport/treatment permit requirements in accordance with RA 6969 and
Title 111 of its IRR not later than six months prior to the planned
transport/treatment schedule;
b. All treatments and disposals must be approved by the Bureau and should be
in conformance with RA 8749 otherwise known as the "Clean Air Act of the
Philippines" and other applicable
environmental laws and regulations; and
6.2 If necessary, wastes containing high levels of PCBs must be exported in
accordance with the provisions of Section IV Item 6.1b of this Order and must
meet the requirements for trans-boundary movement of wastes under the Basel
Convention.
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shall be responsible for all costs of managing PCBs including storage, disposal
and clean-ups. The details of the management plan will vary depending on the
type of premises and the type of activity that is being conducted with a
timetable for completion of particular actions.
Review and revisions of the management plan should be done at least
once every five (5) years.
Below is a general outline for the PCB Management Plan:
a. General Description
i. Name of owner and operator;
ii. Location of the facility or the PCBs, PCB equipment, PCBcontaminated
equipment, non PCB equipment, PCB article, PCB packaging or PCB wastes
(site specific);
iii. Industrial activities at the premises; and
iv. Number of employees.
b. Uses of PCBs at the Premise
i. Description of the uses of PCBs at the premises;
ii. Listing of PCB equipment, PCB contaminated equipment, non- PCB
equipment and PCB articles;
iii. Listing of PCB wastes generated at the premises;
iv. Mass balance of PCBs through the premises;
v. Description of pollution control devices in use at the premises;
vi. Description of compliance with the environmental laws and regulations; and
vii: Description of emergency procedures and contingency plan in case of
accidents.
c. Pollution Prevention Program
i. Pollution prevention/control devices;
ii. Inspection schedule and checklist; and
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Section XII. Effectivity. This CCO shall take effect one (1) month after
publication in the Official Gazette or two (2) newspapers of general circulation.
Published at:
Today - February 19, 2004
Malaya - February 19, 2004
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Researchers Profile
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Dindo Jacobe
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Hi there! My full name is Benedict Junien A. Lumabi, but you can call me
Enchong. I am 18 years old. I am the second child in the family. Since
childhood, I dream of becoming an actor but after a while I started to have
second thoughts about it because I havent been there yet but whenever people
see me they already thought that I am a celebrity and I just got tired of it. Now,
all I wanted is a private life with my family and friends. I graduated primary and
secondary level of my education at Malate Catholic School and because of this I
got a special loyalty award. Now I am spending my low-profile college life in
Pamantasan ng Lungsod ng Maynila. Now I can say that its not the looks alone
that I possess but the brains as well.
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http://www.lawphil.net/statutes/repacts/ra2008/ra_9513_2008.html
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http://www.windows2universe.org/earth/climate/cli_effects.html
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http://earth911.com/news/2007/04/02/what-can-i-do-to-help-preventclimate-change/
http://www.abante-tonite.com/issue/nov2212/news_story05.htm
http://www.bbc.co.uk/news/science-environment-20414596
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http://en.wikipedia.org/wiki/Air_pollution
http://www.doe.gov.ph/pecr4/pdf/pd1152.pdf
http://members.tripod.com/~sagip_/laws4.html
http://en.wikipedia.org/wiki/Water_quality
http://en.wikipedia.org/wiki/Waste_management
http://en.wikipedia.org/wiki/Natural_resource_management
http://ustlawreview.com/pdf/vol.LII/Biofuels_Act.pdf
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