Residential Decree No. 984 (Providing For The Revision of Republic Act No. 3931, Commonly Known As The Pollution Control Law, and For Other Purposes)

RESIDENTIAL DECREE NO. 984 [PROVIDING FOR THE REVISION OF REPUBLIC ACT NO.
3931, COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES] WHEREAS, there is a need to modify the organizational structure of the National Pollution Control Commission to make it more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the countrys industrialization program; WHEREAS, there is an imperative need to strengthen this Commission to best protect the people from the growing menace of environmental pollution, and WHEREAS, it is urgently necessary to maintain the role of the Commission as the primary agency responsible for the prevention and control of environmental pollution; NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the revision of Republic Act No. 3931, to be known as the National Pollution Control Decree of 1976, to read as follows: SECTION 1 Statement of Policy It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country. SECTION 2 Definitions As used in this Decree: a. Pollution means any alteration of the physical, chemical and biological properties of any water, air and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to created or to render such water, air and land resources 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. b. Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such water infiltration and surface water as may be present. The admixture or sewage and industrial wastes or other wastes as hereafter defined shall also be considered sewage. c. Industrial Waste means any liquid gaseous or solid matter, or other waste substance or a combination thereof resulting from any process of industry, manufacturing trade or business or from the development, processing or recovery of any natural resources which may cause or tend to cause pollution, or contribute to the pollution of the water, air and land resources of the Philippines. d. Other Waste means garbage, refuse, wood residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not sewage or industrial waste which may cause or tend to cause pollution; or contribute to the pollution of the water, air, and land resources of the Philippines. e. Sewage System or Sewerage System means pipe lines or conduits, pumping stations, force mains, constructed drainage ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial wastes or other wastes to a point of treatment, discharge or ultimate disposal.
Environmental Laws Page 1
f. Treatment Works means any method, construction device or appliance appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste or other wastes, or for the recovery of by-product from such sewage, industrial waste or other wastes. g. Sewage Works means individually or collectively those constructions or devices used for collecting, pumping, treating, and disposing of sewage, industrial wastes or other waste, or for the recovery of by-products from such sewage, industrial waste or other waste. h. Outlet means the terminus of a sewage works or point of emergence in the water, air and land resources of the Philippines of any sewage, industrial wastes or other wastes. i. Commission means the National Pollution Control Commission. j. Person or Persons includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations. SECTION 3 Creation of the National Pollution Control Commission: Members There is hereby created and established a National Pollution Control Commission under the Office of the President. The Commission shall be headed by one full-time commissioner and assisted by two full-time deputy commissioners, one of whom shall be responsible for standard-setting and monitoring and the other for enforcement. The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for Standard-Setting and Monitoring shall preferably be a sanitary engineer, while the Deputy Commissioner for Enforcement shall prefarably be a lawyer. The Commissioner and the Deputy Commissioners must have technical expertise in the field of pollution control. The Commissioner and the Deputy Commissioners shall be appointed by the President of the Philippines. SECTION 4 Inter-Agency Advisory Council There is created an Inter-Agency Advisory Council, attached to the Commission, which shall be composed of representatives designated by the Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local Government and Community Development, National Defense, Natural Resources, and Public Works, Transportation and Communications; the heads of the Laguna Lake Development Authority, National Economic and Development Aurhority, the National Science Development Board and the Human Settlements Commission. The Commissioner shall head the Inter-Agency Advisory Council Representatives from the private sector as may be affected, may be invited to the deliberations of the Council. SECTION 5 Organization of the Commission The Commission shall have a Water Pollution Control Division, an Air Pollution Control Division, a Legal Division, an Administrative Division and such other divisions or units as may be approved in the General Appropriation Act. Nothing herein contained shall be construed as to automatically terminate or abolish any existing position in the Commission nor shall it be construed as a prohibition against termination of any position. The Commission shall also establish such regional offices as may be necessary. The Commission shall provide such technical, scientific and other services, including the necessary laboratory and other facilities as may be required to carry out the
provisions of this Decree: Provided, That the Commission may secure such services as it may deem necessary from other agencies of the National Government, and may make arrangements for the compensation of such services. The Commission may also employ and compensate, within appropriations available thereof, such consultants, experts, advisors, or assistants on a full or part-time basis as may be necessary, coming from government or private business entities, associations, or from local or foreign organizations, to carry out the provisions of this decree and may prescribe their powers, duties and responsibilities. The Commission may conduct scientific experiments, investigations and research to discover economical and practical methods of preventing water, air and land pollution. To this end, the Commission may cooperate with any public or private agency in the conduct of such experiments, investigations and research, and may accept sums of money, for in behalf of the National Government, given by any international, national or other public or private agency for water, air and land pollution control activities, surveys or programs. SECTION 6 Powers and Functions The Commission shall have the following powers and functions: a. Determine the location, magnitude, extent, severity, causes, effects and other pertinent information regarding pollution of the water, air and land resources of the country; take such measures, using available methods and technologies, as it shall deem best to prevent or abate such pollution; and conduct continuing researches and studies on the effective means for the control and abatement of pollution. b. Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the country. Such plans shall indicate priorities and programs during the year. c. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal systems and the issuance of permits in accordance with the provisions of this Decree; inspect the construction and maintenance of sewage works and industrial waste disposal system for compliance to plans. d. Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Commission with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Decree. e. Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations only after proper notice and hearing. f. Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished. g. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof: Provided, however, That the Commission, by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existng works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The
Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required. h. After due notice and hearing, the Commission may also revoke, suspend or modify any permit issued under this decree whenever the same is necessary to prevent or abate pollution. i. Set up effluent, stream ambient and emission standards and promulgate rules and regulations therefore: Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher standards subjects to the written approval of the Commission. j. Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution. k. Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission. l. Consult, participate, cooperate and enter into agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree. m. Collect and disseminate information relating to water, air, and land pollution and the prevention, abatement and control thereof. n. Authorize its representative to enter to all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution. o. Prepare and submit sixty days after the close of each calendar year and annual report to the President and such periodic reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives in the plans referred to under sec 6(b) have been achieved. p. Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree. SECTION 7 a. Public Hearing Public hearings shall be conducted by the Commissioner, Deputy Commissioners or any senior official duly designated by the Commissioner prior to issuance or promulgation of any order or decision by the Commissioner requiring the discontinuance of discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the Philippines as provided in this Decree: Provided, That whenever the Commission finds a prima facie evidence that the discharged sewage or waste are of immediate threat to life, public health, safety or welfare, or to animal or plant life, or exceeds the allowable standards set by the Commission, the Commissioner may issue an ex-parte order directing the discontinuance of the same or the temporary suspension or cessation of operation of the establishment or person generating sewage or wastes without the necessity of a prior public hearing. The said ex-parte order shall be immediately executory and shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards, or modified by a competent court. All records of the proceedings of said hearings shall be filed with the Commission. All inquiries, hearings, investigations and proceedings conducted by the Commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be bound by technical rules of evidence: Provided, That the Commissioners or any of the duly designated Hearing Officers may summarily punish for contempt by a fine not exceeding two hundred pesos, any person committing such
misconduct in the presence of any of the Commissioners or any of the duly designated Hearing Officers, or so near to them as to seriously interrupt any hearing or session or any proceeding, or any person willfully fails or refuses, without just cause, to comply with a summon, subpoena, or subpoema duces tecum issued by the Commissioners or by the duly designated Hearing Officer or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer questions when lawfully required to do so. The Sheriff or other police agencies of the place where the hearing or investigation is conducted, shall, upon request of the Hearing Officer, assist in the enforcement of the provisions of this paragraph. b. Appeal to Courts Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final fifteen days after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted the remedies before the Commission. The Commission shall be deemed to be a party to any judicial action involving any decision. c. Court Review The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts of the case by the Court of Appeals. For purposes of such review, the procedure concerning appeals from the Court of First Instance shall be followed. Appeal from a decision of the Commission must be perfected within fifteen days from notification of such decision: Provided, however, That any decision of the Commission involving only questions of law, shall be-appealed to the Supreme Court. No appeal shall stay the execution of any order or decision of the Commission unless the Commissioner himself or the Court of Appeals or the Supreme Court so orders.
d. Execution of Decision Any decision or order of the Commission, after the same has become final and executory, shall be enforced and executed in the same manner as decisions of Courts of First Instance, and the Commission shall have the power to issue to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be necessary for the enforcement of such decision or order and any person who shall fail or refuse to comply with such decision, order, or writ, after being required to do so shall, upon application by the Commission, be punished by the proper court for contempt. SECTION 8 Prohibitions No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution. 1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit; 3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized. SECTION 9 Penalties a. Any person found violating or failing to comply with any order, decision or regulation of the Commission for the control or abatement of pollution shall pay a fine not exceeding five thousand pesos per day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after due notice and hearing. The fines so imposed shall be paid to the Government of the Philippines through the Commission, and failure to pay the fine in any case within the time specified in the above-mentioned Order or Decision shall be sufficient ground for the Commission to order the closure or the stoppage in the operation of the establishment being operated and/or managed by said person or persons until payment of the fines shall have been made. The Commission shall have the power and authority to issue corresponding writs of execution directing the City or Provincial Sheriff or other peace officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations. Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this sub-SECTION shall not be a bar to nor shall affect any other remedies provided for in this Decree but shall be cumulative and additional to such remedies. b. Any person who shall violate any of the provisions of SECTION Eight of this Decree or its implementing rules and regulations, or any Order or Decision of the Commission, shall be liable to a penalty of not to exceed one thousands pesos for each day during which the violation continues, or by imprisonment of from two years to six years, or by both fine and imprisonment, and in addition such person may be required or enjoined from continuing such violation as hereinafter provided. c. Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Commission into any property of the public domain or private property devoted to industrial manufacturing, processing or commercial use during reasonable hours for the purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution, shall be liable to a fine not exceeding two hundred pesos or imprisonment of not exceeding one month, or both. d. Any person who violates any of the provisions of, or fails to perform any duty imposed by this Decree or its implementing rules and regulations or by Order or Decision of the Commission promulgated pursuant to this Decree hereby causing the death of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to pay the government for damages for fish or aquatic life destroyed. e. In case the violator is a juridical person, the penalty shall be imposed on the managing head responsible for the violation. SECTION 10 Jurisdiction
Environmental Laws
Page 6
The Commission shall have no jurisdiction over waterworks or sewage system operated by the Metropolitan Waterworks Sewerage System, but the rules and regulations issued by the Commission for the protection and prevention of pollution under the authority herein granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies or instrumentalities on the same subject. In case of developing projects involving specific human settlement sites or integrated regional or sub-regional projects, such as the Tondo Foreshore Development Authority and the Laguna Lake Development Authority, the Commission shall consult with the authorities charged with the planning and execution of such projects to ensure that their pollution control standards comply with those of the Commission. Once minimum pollution standards are established and agreed upon, the development authorities concerned may, by mutual agreement and prior consultation with the Commission, undertake the pollution control activities themselves. SECTION 11 Appropriations Such amount as may be necessary to carry out the provisions of this Decree, which in no case shall be less than five million pesos, is hereby appropriated yearly for the operating expenses of the Commission out of any funds in the National Treasury. SECTION 12 Repealing Clause Any provision of laws, presidential decree, executive order, rules and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly. SECTION 13 Effectivity This Decree shall take effect immediately. Approved: August 18, 1976
Environmental Laws
Page 7
REPUBLIC ACT NO. 8749 PHILIPPINE CLEAN AIR ACT OF 1999 Chapter 1 General Provisions Article One Basic Air Quality Policies SECTION 1.Short Title. - This Act shall be known as the Philippine Clean Air Act of 1999. SECTION 2.Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that polluters must pay. Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all. SECTION 3.Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: [a] Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; [b] Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; [c] Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; [d] Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and [e] Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. SECTION 4.Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: [a] The right to breathe clean air; [b] The right to utilize and enjoy all natural resources according to the principles of sustainable development; [c] The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; [d] The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;
[e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; [f] The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; [g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and [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 radioactive 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 means 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 atmospheres 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 environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic activities on the land which were evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area. h)Emission means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
Environmental Laws
Page 9
i) Greenhouse gases means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like; j) Hazardous substances means those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters; k) Infectious waste means that portion of medical waste that could transmit an infectious disease; l) Medical waste means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals; m) Mobile source means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods; n) Motor vehicle means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use; o) Municipal waste means the waste materials generated from communities within a specific locality; p) "New vehicle means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country; 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 x) Stationary source means any building or immobile structure, facility or installation which emits or may emit any air pollutant. Chapter 2 Air Quality Management System Article One General Provisions SECTION 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in sec 7. The said report shall include, but shall not be limited to the following: a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Departments monitoring stations; b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein; c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation; d) Recommendations for necessary executive and legislative action; and e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country. The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.chanroblesvirtualawlibrary The Department shall serve as the central depository of all data and information related to air quality. SECTION 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education and information. The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards. SECTION 8. Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with sec 7 of this Act. The action plan shall: a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality; c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved; d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the nonattainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility; e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information; f) Designate airsheds; and g) All other measures necessary for the effective control and abatement of air pollution. 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.chanroblesvirtualawlibrary 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;
c) A representative from each concerned government agency; d) Representatives from peoples organizations; e) Representatives from non-government organizations; and f) Representatives from the private sector. The Board shall perform the following functions: a) Formulation of policies; b) Preparation of a common action plan; c) Coordination of functions among its members; and d) Submission and publication of an annual Air Quality Status Report for each airshed. Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.chanroblesvirtualawlibrary Emissions trading may be allowed among pollution sources within an airshed. SECTION 10. Management of Non-attainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources. In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area. For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), peoples organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas. SECTION 11. Air Quality Control Techniques.- Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate 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 methods of prevention, management and control of air pollution; 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 a Long Term b Pollutants g/Ncm ppm Averaging Time Averaging Time Suspended Particulate Matterc-TSP 230d ---1 yeare -PM-10 150f 24 hours 60 ---Sulfur Dioxidec 180 0.07 24 hours 80 Nitrogen Dioxide 150 0.08 24 hours ---Photochemical Oxidants 140 0.07 1 hour As Ozone 60 0.03 8 hours ------Carbon Monoxide 35 30 1 hour ---mg/Ncm 10 9 8 hours ---------mg/Ncm Leadg 1.5 ---3 monthsg 1.0
g/Ncm ppm 24 hours 90
1 yeare 0.03 -------------
1 year ----------
-------
----
1 year
a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year. b Arithmetic mean c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available. d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um. e Annual Geometric Mean f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline. g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value. b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from: Industrial Sources/ Operations: Pollutants1 Concentration2 Averaging time (min.) Method of Analysis/ Measurement3
/Ncm
ppm
1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol 2. Carbon Disulfide 30 0.01 30 Tischer Method 3. Chlorine and Chlorine Compounds expressed as Cl2 100 0.03 5 Methyl Orange 4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method 5. Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution 6. Hydrogen Sulfide 100 0.07 30 Methylene Blue 7. Lead 20 30 AASc 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 1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. 2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure. 3 Other equivalent methods approved by the Department may be used. 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.chanroblesvirtualawlibrary 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 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 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 Applicable to Source Maximum Permissible Limits (mg/Ncm) Method of Analysisa 1. Antimony and Its compounds any source 10 as Sb AASb 2. Arsenic and its compounds Any source 10 as As AASb 3. Cadmium and its compounds Any source 10 as Cd AASb 4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis 5. Copper and its Compounds Any industrial source 100 ax Cu AASb 6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate 7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method ii) Geothermal Exploration and well-testing e iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method 8. Lead Any trade, industry or process 10 as Pb AASb 9. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer 10. Nickel and its compounds, except Nickel Carbonyl f 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 ii) Fuel burning steam generators Phenol-disulfonic acid Method Existing Source 1,500 as NO2 New Source
Coal-Fired 1,000 as NO2 Oil-Fired 500 as NO2 iii) Any source other than (i) adn (ii) Existing Source 1000 as NO2 New Source 500 as NO2 12. Phosphorus Pentoxideg Any source Spectrophotometry 13. Zinc and its Compounds Any source
Phenol-disulfonic acid Method
200 as P2O5 100 as Zn AASb
a Other equivalent methods approved by the Department may be used. b Atomic Absorption Specttrophotometry c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr d All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations. e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required. f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. g Provisional Guideline Provided, That the maximum limits in mg/ncm particulates in said sources shall be: 1. Fuel Burning Equipment a) Urban or Industrial Area 150 mg/Ncm b) Other Area 200 mg/Ncm 2. Cement Plants (Kilns, etc.) 150 mg/Ncm 3. Smelting Furnaces 150 mg/Ncm 4. Other Stationary Sourcesa 200 mg/Ncm a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces. Provided, further, That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process (ii) Fuel burning Equipment 1.5gm.Ncm as SO2 (iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3 (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process (ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2 (iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3
2.0gm.Ncm as SO3
1.5 gm.Ncm as SO3
a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration. For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values Daily Average Values Half Hourly Average Values Total dust 10 mg/m3 30 mg/m3 Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3 Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3 Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3 Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3 Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3 Ammonia 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 (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its Compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead ( Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn) total 0.05 mg/m3 0.05 mg/m3 total 0.5 mg/m3
These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.chanrobles virtualawlibrary 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: a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be: Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PMa (g/km) 2.72 0.97 0.14 a for compression-ignition engines only b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be: Reference Weight (RW) (kg) CO (g/km) HC + NOx (g/km) PMa (g/km) Category 1 1250< RW Category 2 1250< RW<1700
Environmental Laws
2.72 5.17
0.97 1.4
0.14 0.19
Page 20
Category 3
RW>1700
6.9
1.7
0.25
a for compression-ignition engines only c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be: CO (g/k/Wh) HC (g/k/Wh) NOx (g/k/Wh) PM (g/k/Wh) 4.5 1.1 8.0 0.36a a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7 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.chanroblesvirtualawlibrary 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.chanroblesvirtualawlibrary 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 including tamper-resistant fuel
management systems for the effective implementation of the inspection and maintenance program. SECTION 22. Regulation of All Motor Vehicles and Engines.- Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration. The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices. SECTION 23. Second-Hand Motor Vehicle Engines.- Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Article Five Pollution from Other Sources SECTION 24. Pollution from smoking.- Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of ones private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs. SECTION 25. Pollution from other mobile sources.- The Department, in coordination with appropriate agencies, shall formulate and establish the necessary 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 anti-knock 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 introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and c) 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 industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight). Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act. The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act. Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department. SECTION 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information: a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any fuel; c) Recommended range of concentration; and d) Purpose in the use of the fuel and additive. SECTION 28.Misfueling.- In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled unleaded gasoline only. This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.chanroblesvirtualawlibrary 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 shortterm and long-term national government programs on the reduction and 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 Departments 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 nongovernmental (NGOs) or peoples 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 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; (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 Departments industrial rating system.chanroblesvirtualawlibrary 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 (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 thirty-day (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 preliminaryinjunction.chanroblesvirtualawlibrary 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 attorneys 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 attorneys fees and double damages. 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 laborers 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 violators 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 offenders 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 ofthe 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. 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 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.cralaw. 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 companys 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 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. 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.
Environmental Laws
Page 30
Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. REPUBLIC ACT NO. 9729 AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1.Title. This Act shall be known as the Climate Change Act of 2009. 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 humankind, 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.1awphil As a party to the Hyogo Framework 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 as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and 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. 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. SECTION 3.Definition of Terms. For purposes of this 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 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 concerns and 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 near-surface 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 ozone- depleting 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 over land and local factors such as land subsidence. (q) Vulnerability refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. 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. SECTION 4.Creation of the Climate Change Commission. There is hereby established a Climate Change Commission, hereinafter referred to as the Commission. The Commission shall be an independent and autonomous body and shall have the same status as 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 to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. The Commission shall be organized within sixty (60) days from the effectivity of this Act. SECTION 5.Composition of the Commission. The Commission shall be composed of the President of 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 Vice Chairperson of the Commission. The Commission shall have an advisory board composed of the following: Secretary of the Department of Agriculture; Secretary of the Department of Energy; Secretary of the Department of Environment and Natural Resources; Secretary of the Department of Education; Secretary of the Department of Foreign Affairs; Secretary of the Department of Health; Secretary of the Department of the Interior and Local Government; Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council; Secretary of the Department of Public Works and Highways; Secretary of the Department of Science and Technology; Secretary of the Department of Social Welfare and Development; Secretary of the Department of Trade and Industry; Secretary of the Department of Transportation and Communications;
Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for Sustainable Development; Director-General of the National Security Council; Chairperson of the National Commission on the Role of Filipino Women; President of the League of Provinces; President of the League of Cities; President of the League of Municipalities; President of the Ligangmga Barangay; Representative from the academe; Representative from the business sector; and Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster risk reduction community. The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for the unexpired term of the predecessor. Only the ex officio members of the advisory board shall appoint a qualified representative who shall 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. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act. SECTION 7.Qualifications, Tenure, Compensation of Commissioners. The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf. The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, 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 Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications. SECTION 8.Climate Change Office. There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a 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 this Act, subject to civil service laws, rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director.
SECTION 9.Powers and Functions of the Commission. The Commission shall have the following powers and functions: a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs; b) Coordinate and synchronize climate change programs of national government agencies; c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change; d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change; 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 risksharing and risk-transfer instruments; h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation; i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change; j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the peoples vulnerability to climate-related disasters; k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations; l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring; m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities; n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas; o) Promote and provide technical and financial support to local research and development programs 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. SECTION 10.Panel of Technical Experts. The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction. The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel.
Environmental Laws
Page 35
SECTION 11.Framework Strategy and Program on Climate Change. The Commission shall, within six (6) months from the effectivity of this 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 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 the international agreements. 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 limited to, the following components: a) b) c) d) e) f) g) h) i) j) National priorities; Impact, vulnerability and adaptation assessments; Policy formulation; Compliance with international commitments; Research and development; Database development and management; Academic programs, capability building and mainstreaming; Advocacy and information dissemination; Monitoring and evaluation; and 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 limited to, the following components: (a) Assessment of the national impact of climate change; (b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes; (c) The identification of differential impacts of climate change on men, women and children; (d) The assessment and management of risk and vulnerability; (e) The identification of GHG mitigation potentials; and (f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments. SECTION 14.Local Climate Change Action Plan. The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan. Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans. The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan. It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans. The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding. SECTION 15.Role of Government Agencies. To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions: (a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts; (b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content 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, 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 this Act, issue and promulgate the implementing guidelines therefor. The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs. SECTION 16.Coordination with Various Sectors. In 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. SECTION 17.Authority to Receive Donations and/or Grants. The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or 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, 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: Provided, further, 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, and adaptation 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. SECTION 18.Funding Allocation for Climate Change. All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change.1avvphi1 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. SECTION 20.Annual Report. The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year. SECTION 21.Appropriations. The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the
Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the Presidents contingent fund. Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act. SECTION 22.Implementing Rules and Regulations. Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. SECTION 23.Transitory Provisions. Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws. SECTION 24.Separability Clause. If for any reason any SECTION or provision of this Act is declared as unconstitutional or invalid, the other SECTIONs or provisions hereof shall not be affected thereby. SECTION 25.Repealing Clause. All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. SECTION 26.Effectivity. This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation. Approved, Sgd. PROSPERO C. NOGRALES Speaker of the House of Representatives Sgd. JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. 2583 and House Bill No. 5982 was finally passed by the Senate and the House of Representatives on August 25, 2009 and September 2, 2009, respectively. Sgd. MARILYN B. BARUA-YAP Secretary General House of Representatives Sgd. EMMA LIRIO-REYES Secretary of the Senate Approved: October 23, 2009 Sgd. GLORIA MACAPAGAL-ARROYO President of the Philippines
PRESIDENTIAL DECREE No. 1181 PROVIDING FOR THE PREVENTION, CONTROL AND ABATEMENT OF AIR POLLUTION FROM MOTOR VEHICLES AND FOR OTHER PURPOSES WHEREAS, the increasing use of motor vehicles is fast becoming a major source of the growth in the amount and complexity of air pollution in the country, particularly in urban areas; WHEREAS, this phenomenon is best exemplified by the emission of carbon monoxide, particulates, sulfur dioxide and other associated pollutants from about 400,000 registered vehicles of all types in the Metro Manila amounting to some 4,000 metric tons a day, which accounts for over 75 per cent of the total air pollution in the area; WHEREAS, such air pollution poses mounting dangers to public health and welfare, damage to and deterioration of property, the hazards to land transportation; and WHEREAS, it is necessary to take immediate action and institute appropriate measures to regulate the emission of air pollutants from motor vehicles a hitherto uncontrolled major source of air pollution. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree the following: PURPOSE SECTION 1. It is the purpose of this Decree to prevent, control, and abate the emission of air pollution from motor vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to property and hazards to land transportation. DEFINITION OF TERMS SECTION 2. When used in this Decree, the following terms shall, unless the context otherwise indicates, have meanings respectively assigned to them: (a) "Motor Vehicle" Any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transporting of property or goods on a public highway or street opened to public use. (b) "Air Pollutant" Any harmful or undesirable matter emitted in the atmosphere, including smoke, soot, solid particles of any kind, undesirable gases, fumes and obnoxious odors. (c) "Pollution Control Device" Any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from motor vehicles at levels within the air pollution control standards established by the national Pollution Control Commission. (d) "Owner or Operator" Any person who owns, leases, controls or operates a motor vehicle. (e) "Regulations" Any rule or regulation promulgated under this Decree. PROHIBITED ACTS SECTION 3. It shall be unlawful for any owner or operator of a motor vehicle to allow it to discharge air pollutants at level greater than the acceptable pollutant concentration standards prescribed by the National Pollution Control Commission with respect to the class of motor vehicles to which said motor vehicle belongs.
Environmental Laws
Page 40
SECTION 4. The owner or operator of a motor vehicle shall not use his vehicle or cause or allow it to be used unless such motor vehicle meets the established emission standards. SECTION 5. No imported or locally manufactured motor vehicle shall be sold, registered or operated after the date of effectivity of the implementing rules and regulations of this decree unless it meets the established emission standards as certified by the National Pollution Control Commission. POLLUTION CONTROL DEVICES SECTION 6. The owner or operator of a motor vehicle that does not meet the established emission standards shall be required to install in his motor vehicle of whatever type or model any appropriate pollution control device or devices of his own choice which meet specifications set forth by the National Pollution Control commission in accordance with the implementing rules and regulations of this Decree. RULES AND REGUALTIONS: FORMULATION AND IMPLEMENTATION SECTION 7. The National Pollution Control Commission, in cooperation with the National Science Development Board, Department of Energy, Department of Industry, and Land Transportation Commission, shall promulgate rules and regulations for appropriate control measures to implement and attain the objectives of this Decree, which shall include but shall not be confined to the following: (1) establishment of maximum allowable emission of specific air pollutants for all classes, types or models of motor vehicles currently registered and for new motor vehicles not yet registered; (2) specifications of the kind of pollution control device(s) which may be required to be installed on such motor vehicles; (3) regulations for the distribution, sale, registration and use of motor vehicles (4) specifications for the correct motor fuels to be used by various types of motor vehicle engines; (5) setting of date or dates of effectivity of certain rules and regulations governing particular subject matter; (6) requirement for the issuance and life of certificate of compliance; and (7) procedure with respect to hearings which shall not be bound by technical rules of evidence. SECTION 8. The National Pollution Control Commission, in coordination with the Land Transportation Commission, the Board of Transportation and other traffic enforcement authorities, shall ensure the implementation and vigorous enforcement of this Decree and its implementing rules and regulations. SECTION 9. The National Pollution Control Commission, in consultation with the Land Transportation Commission, Board of Transportation, Philippine Constabulary/Integrated National Police, Department of Local Government and Community Development, and in coordination and cooperation with the traffic enforcement agencies, may, under certain circumstances, prohibit or enjoin in writing, the use of motor vehicles or any specified class of motor vehicles in any area or street at all times, or during particular times, as may be so specified in order to protect human health and public welfare and to ensure compliance with the established national ambient air quality standards. SECTION 10. The National Pollution Control Commission shall coordinate with the Land Transportation Commission, Board of Transportation and other enforcement agencies involved in traffic and transport management for the prevention, control and abatement of air pollution in traffic-conjected areas.
Environmental Laws
Page 41
SECTION 11. The National Pollution Control Commission, in consultation with the Land Transportation Commission and the Board of Transportation, shall be responsible for the inspection of motor vehicles and their testing for the purpose of determining the concentration and/or rate of emission of air pollutants emitted by them; the correct installation, maintenance and operation of any or all pollution control devices; and for recommending withholding, or suspension of, the registration of any vehicle which does not comply with the regulations. It shall also be responsible for the establishment and operation of a sufficient number of centers where such inspections and testing may be effectively carried out and appropriate certificates of compliance issued. GENERAL PROVISIONS SECTION 12. It shall be the joint responsibility of the Land Transportation Commission, Board of Transportation, the Department of Public Information, and the National Media Production Center, to conduct a continuing public information campaign exhorting the owners or operators of motor vehicles to regularly maintain, adjust, and operate their vehicles in accordance with the manufacturer's recommendation contained in the vehicles operating manual, and the drivers to properly operate the motor vehicles with particular caution against overloading vehicles or overfuelling the engines when starting from cold or during acceleration, and to inform the public of any/other relevant matters, such as engine and other modification measures which may be adopted in order to minimize air pollution and in the interest of energy conservation. HEARING PROCEDURES SECTION 13. All cases involving violations of this decree and/or its implementing rules and regulations shall be reported to or file with the National Pollution Control Commission by any person or by its deputized agents for hearing; provided, that report of the latter shall be made immediately, not later than 24 hours from the time of knowledge of the violation. The hearing officer duly designated by the Commissioner of the National Pollution Control Commission shall have the authority to decide the case and impose the penalties prescribed in this decree. His decision shall become final and executory if no appeal is taken therefrom to the Commissioner within fifteen (15) days from notice of the decision. The decision of the Commissioner shall be final. PENALTIES SECTION 14. Any person violating this decree and/or its implementing rules and regulations involving the same vehicle shall, for the first offense, be liable to a fine of not exceeding P200.00; for the second offense, to a fine of not exceeding P500.00; and for the third and succeeding offense to a fine of not exceeding P1,000.00 plus the suspension of his vehicle's certificate of registration, until such time as he shall have complied with the requirements of the regulations. APPROPRIATIONS SECTION 15. The sum of fifteen (15) million pesos is hereby appropriated yearly out of any funds in the National Treasury for the operating expenses of the National Pollution Control Commission in connection with the enforcement of this Decree and its implementing rules and regulations as well as the operations of the Centers.
Environmental Laws
Page 42
REPEALING CLAUSE SECTION 16. Any provision of law, presidential decree, executive order, rules and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly. EFFECTIVITY SECTION 17. This decree shall take effect immediately. Done in the City of Manila, this 19th day of August in the year of Our Lord, nineteen hundred and seventy-seven.
Environmental Laws
Page 43

Residential Decree No. 984 (Providing For The Revision of Republic Act No. 3931, Commonly Known As The Pollution Control Law, and For Other Purposes)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Residential Decree No. 984 (Providing For The Revision of Republic Act No. 3931, Commonly Known As The Pollution Control Law, and For Other Purposes)

Uploaded by

Copyright:

Available Formats

RESIDENTIAL DECREE NO. 984 [PROVIDING FOR THE REVISION OF REPUBLIC ACT NO.

g/Ncm ppm 24 hours 90

1 yeare 0.03 -------------

Phenol-disulfonic acid Method

200 as P2O5 100 as Zn AASb

1.5 gm.Ncm as SO3

You might also like