Enforcing
Environmental Laws in
the Laguna de Bay
Region
Outline of the Presentation
• Overview on the nature and specific mandate of
LLDA and its relationship with national and local
agencies in environmental law enforcement;
• Specific policies and standards enforced by LLDA
• Enforcement response process in addressing
violations of environmental standards and
regulations
Outline of the Presentation
• LLDA’s enforcement approaches and their
contributions to overall compliance promotion
program
• Key ECE challenges and responses faced by LLDA at
a decentralized level
• LLDA initiatives in addressing challenges in
enforcement
• Suggestions/recommendations in effective
enforcement
Laguna de Bay Region, Philippines
Surface Area 90,000 has.
Water Depth (Ave) 2.8 m
Total Volume
3.2 BCM
Shoreline
220 Kms
Lake Water Quality Class “C”
( Suitable for Fisheries )
Map of the Philippines
Laguna de Bay Watershed
Introduction to Laguna de Bay
 Largest lake in the Philippines, one of the largest
in Southeast Asia
 In the midst of the country’s urban and agroindustrial development
 24 hydrological sub-basins traverse 10 cities and
51 municipalities in 6 provinces (including Metro
Manila) around the lake
 Multiple uses (fisheries/aquaculture, irrigation,
hydropower generation, water supply, transport
and navigation, recreation)
 Only one outlet, Napindan Channel that controls
flow to the Pasig River that discharges to Manila
LLDA Core Functions
POLICY AND PLANNING
Develop Lake with due regard to
environment and prevention of
ecological imbalance
Conduct comprehensive survey/studies
Prepare comprehensive plan to conserve
and utilize resources
Exercise water rights within Laguna Lake
Prepare a water quality management
program
Coordinate policies with other
government agencies and
stockholders
REGULATORY
Establish and enforce water quality
standards for industrial, agricultural
and municipal use
Issue and revoke permits for use of
surface waters within the lake region
Approve development plans proposed
by
LGUs, private persons or enterprises
Collect fees for use of Laguna Lake
resources for all beneficial purposes
Compel compliance
INFRASTRUCTURE AND
RESOURCES DEVELOPMENT
Prepares and implement infrastructure
projects such as river works, flood
control and sewerage
Reclaim portions of the Lake
Undertake re-adjustments, relocations or
resettlement of populations
Finance Infrastructure projects
Collect reasonable fees and toll charges
Develop water supply from groundwater
or Lake water sources
Engage in fish production and other
aquaculture projects
Institutional and Legal Context
•
LLDA as a mechanism for decentralized (from
national to regional) environmental compliance &
enforcement covering entire watershed
•
DENR : national line agency for ECE
2 Regional ENR offices: decentralized
regulatory responsibilities
•
Over 30 other water-related agencies
•
66 LGUs with environment-related functions
(1991 Local Government Code)
Phil. Clean Water Act reinforces LLDA as a
watershed focused WQMA
•
CORPORATE CHARACTER
• LLDA is a body corporate with governmental /
proprietary powers, among others :

Issues and enforces policies and regulations thru its
Board of Directors
*LLDA can institute lawsuits against any person who
shall implement any developmental activity within
the LLDB Region without its clearance or permit
 Collects fees for use of surface waters / discharge of
wastewater
 Appropriates/allocates funds for environmental
purposes thru its Board without the need for
congressional approval
Environmental Regulation and
Enforcement Functions
Establish and enforce water quality standards
for industrial, agricultural and municipal uses
Issue and revoke permits for use of surface
waters within the lake region
Approve development plans/projects proposed
by LGUs, public corporations and other
government agencies, private persons or
enterprises
Collect fees for use of lake water resources for
all beneficial purposes and for discharge of water
to the lake and its tributaries
Compel compliance
Devolved Environmental Functions
• LGUs ENR functions
– Noise, odor and nuisance
– Solid waste management (RA 9003)
– Backyard scale piggeries (below 10 sow level)
• Communities/ stakeholders
– Multi-partite Monitoring Team in case of
development projects/ activities with ECC
based on EIS
– River Councils
– Citizen’s monitoring & feedback (through
LLDA platforms)
LLDA CLEARANCE/Discharge Permit
Legal Bases
•Republic Act 4850, as amended by
Presidential Decree 813 and Executive
Order 927
•Philippine Clean Water Act (Republic Act
9275)
•Presidential Decree 984 (Pollution
Control Law)
•DENR Administrative Orders 34 & 35
(Water Quality Criteria and Effluent Standards)
Composition
Compositionofofthe
the
LLDA
LLDABoard
BoardofofDirectors
Directors
Representative of the Office of the President
Secretary, Dept. of Environment and Natural Resources
Secretary, Dept. of Trade and Industry
Secretary, National Economic Development Authority
Governor, Province of Laguna
Governor, Province of Rizal
Chairman, MMDA
Presidents, Leagues of Mayors of Rizal and Laguna
Private Investors’ Representative
General Manager, LLDA, ex-Officio member
Compliance Monitoring
• All compliance monitoring activities are
unannounced
• Schedule visit is based on geographical
location of the firm
• Mandatory monitoring for all firms falling
within the 3rd quarter schedule
• 3rd quarter Resulats of Laboratory Analysis
(ROLA) is the basis for processing of
Discharge Permit
• Inspectors are equipped with proper
identification and mission orders
Strategies for Improved
Monitoring and Inspection
• Set limitation in inspection/
monitoring by prioritizing firms with
possible sources of wastewater
pollution
• Less frequent inspection/sampling
and based on effluent flowrate and
type of waste
Contents of NOV
• Name of the party/ies
• Nature of violation
• Directive for :
– Appearance in public hearing
– For exceedance of effluent standards:
Institute correction /remedial measures to
control/ abate pollution within 15 days from
receipt
– Continuous violation: Show cause in writing
why no ex-parte CDO shall be issued for the
violation
– For permit requirements: comply within 60
days from receipt
Conducting Technical Conferences
• Service of notice at least 3 days prior
to proceedings
• Appearance of accredited PCO or
duly authorized representative in all
proceedings (consultant not allowed
to make representations)
Alternative Dispute Resolution
•Aims at bringing parties together based on mutual interest
•Out-of-court solution to conflicts
•Common interest can lead to problem solving that is aimed at
arriving at a win-all-situation.
Requisites for Public Hearing
• Serving of notice at least 3 days prior to
proceedings, directing to furnish all related
documents
• Docket no. and calendar of cases
• Appearance of accredited PCO with duly
authorized rep/s( senior company officer,
legal counsel); consultant may appear with
reps but in no case shall he/she be the sole
rep; non-appearance is tantamount to
waiver of respondent’s right to a hearing
and the LLDA will proceed to determine the
merits of the case and apply proper relief &
measures under the law.
Requisites for Public Hearing
• Issuance of sub-poena/sub-poena duces
tecum for documents requested by any
affected party/ies at least 5 days prior PH
• Ocular inspection if warranted for
determination of issue
• PH is by simplified rules of evidence, not by
technical rules of evidence under the Rules
of Court
• Records of proceedings
Orders & Decisions
• Issuance of cease & desist order (CDO)executory within 72 hours from
issuance
• Ex-Parte Order (executory within 15
days upon issuance)
– Discharge of effluent not conforming to
standards
– Unjustly refusing to allow inspection
Orders & Decisions
• Ex-Parte CDO (immediately executory)
– When there is prima facie evidence pointing to
discharged waste that poses immediate threat
to life, public health, safety or welfare
– Directs discontinuance of such discharge or
temporary suspension of operation pending PH
– Respondent may file motion to lift CDO, but
shall not stay the execution of the order
• LLDA Orders, decisions final & executory
within 15 days from issuance, unless a
motion for reconsideration is filed with
DENR & an appeal is perfected within this
period
Temporary Lifting Orders
Purposes
• Allow the respondent to implement
of pollution control program for max.
6 months, progress reports required;
extension may be allowed only when
there is significant improvement;
• For re-sampling purposes
Requirements for TLO
• Notarized undertaking signed by CEO or
managing head
• Comprehensive pollution control program
with proof of approved budget and
timetable
• Detailed interim remedial measures
• Payment of at least 25% of the total
penalties, balance within 6 mos. or upon
compliance
• Filing of Discharge Permit application
• Appointment of PCO
• Self-monitoring report or progress report
on improvement works
TLOs
• Failure to comply: permanent CDO
• Passing allowable standards:
– Formal lifting of CDO
– Termination of the case upon full
payment of fines and penalties
Enforcement Execution
• By LLDA Enforcement Group with
assistance from police authorities
and LGUs
• Enforcement completion report
within 48 hours upon execution
Fines & Penalties
• Administrative fines of P5,000 (CWA) for
any violation of LLDA rules
• Daily penalties of P10,000 (CWA) to be
computed in accordance with the set
guidelines from the date of initial sampling
when violation was discovered until actual
cessation of pollution using only LLDA lab
results
• Non-payment may lead to CDO for
operating without permits
Key Challenges
• Many LGUs & thousands of small and mediumscale businesses face regulatory challenges
• Staff not specifically assigned to oversight of
environmental obligations
• Regulatory requirements continually change
• LLDA is constrained to provide on-site
assistance to regulated entities (legally and
resource-wise )
• Small and medium-scale businesses and LGUs
do not always receive environmental
information targeted to their needs
• Limited manpower and budget
Current Initiatives in Addressing
Challenges in Enforcement
• Coordination with LGUs by sending
communications every change in
administration
• Partnership with other government
agencies, NGOs and private sectors
- MOA with PEZA, NWRB
- MOA with Quick Service Restaurants
- MOA with industrial parks/estates
managements
Current Initiatives in Addressing
Challenges in Enforcement
• Partnership with AECEN in
establishing Compliance Assistance
Center for slaughterhouses and hog
farms
Platform for LLDA-Stakeholders’
Feedback & Compliance
Assistance
• LLDA Website
• Continuing Environmental
Education Program
• Quick Response Desk
• TEXT LLDA and LLDA Hotline
Initiatives to Improve Compliance
• On-line permit applications and
processing
• Fee payment thru accredited banks
• Long-term permits
• Simplified documentary requirements
for permit application
• Less volume of discharge less frequent
submission of Self-Monitoring Report
(SMR)
Recommendations in Effective
Enforcement
• Intensify coordination with LGUs
• Strengthen the saturation drive
activities of LLDA
• Capacitate LLDA personnel thru as workrelated or personality development
trainings
• Increase manpower requirements
• Improve information dissimenation
campaigns
The End
Engr. Guillermo E. Orgil
OIC, Pollution Control Division
Laguna Lake Development Authority
Philippines