Environmental Laws of the Philippines Part 1 ” The right of future generations to inherit a healthy environment.” -The Oposa Doctrine Laws in the Philippines can be classified as 1. GREEN LAW are mainly for forestry, biodiversity, agriculture; 2. BLUE LAW is for the management of marine/aquatic resources; and 3. BROWN LAW is for land- related protection such as waste management, water/wastewater, air quality and other in-land related water quality protection .. I. Environmental Code (PD 1152 ) ▪ inacted in June 6, 1977 ▪ body of laws setting the management policies and prescribing quality standards for the Environment in its totality. ▪ Highlights: a. Air Quality b. Water Quality c. Land Use Management d. Natural Resources Waste Management Philippine Clean Air Act of 1999 A. Philippine Clean Air Act of 1999 - RA 8749 - comprehensive air quality Management policy and program which aims to achieve and maintain healthy air for all Filipinos Author – Loren Legarda President Signed – Joseph Estrada Highlights: 1. Creation of national program of pollution management/control 2. Promotion of mass media communication to create social awareness and active participation in air quality planning and monitoring 3. All potencial sources of air pollution (mobile, point and area sources) must comply with the provisions of the laws. Phil. Clean Air Act of 1999 Highlights: 4. All emissions must be within the air quality standards for sources of 187 hazardous pollutants 5. All companies whose business activity and equipment are causing air pollution must apply for a Permit to Operate (PTO) from the Department of Environment and Natural Resources. Phil. Clean Air Act of 1999 Highlights ●current standard ambient air quality guideline values for PM2. 5 are 50 micrograms per Normal cubic meters (ug/Nm3) for average 24-hour short-term monitoring and 25 ug/Nm3 for average oneyear long-term monitoring.M ● six pollutants are carbon monoxide, lead, nitrogen oxides, ground-level ozone, particle pollution (often referred to as particulate matter), and sulfur oxides. Phil. Clean Air Act of 1999 Highlights 6.Section 20,prohibited the incineration of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes. Phil. Clean Air Act of 1999 Penalties : A fine of not more thanP100,000 for every day of violationhall be charged against the owner of a stationary source, until such time that standards have been met. For gross violation, the penalty is imprisonment of not less than six years but not more than 10 years upon the discretion of the court. Phil. Clean Air Act of 1999 Penalties : When caught for smoke belching for the first time, you'll have to pay a ₱2,000 penalty. For the second offense, apprehended motorists will face a fine of ₱4,000. For the third offense, violators will get a ₱6,000 penalty plus a one-year suspension of the vehicle's registration. Phil. Clean Air Act of 1999 Agencies Involved : 1. DENR 2. DOTC 3. DTI 4. PAGASA 5. PNRI 6. DepED and CHED 7. DILG 8. PIA Phil. Clean Air Act of 1999 Philippine Clean Water Act of 2004 B. Philippine Clean Water Act of 2004 - RA 9275 - An Act to protect the country’s water bodies from pollution and land based pollution sources such as industrial and commercial establishments, agriculture and community/household activities. - Author: Loren Legarda - President signed: Gloria Macapagal Arroyo Highlights 1. provides for the abatement and control of pollution from land based sources, and lays down water qualitystandards and regulations. 2. apply to water quality management in all water bodies: fresh, brackish and marine waters. Highlights 3. Prohibits: a. Discharging nor depositing any water pollutant to water body or such which will impede natural flow in the water body. b. discharging, injecting or allowing to enter the soil, anything that would pollute ground water. c. Operating facilities that discharge regulated water pollutants without the valid required permits. Philippine Water Act of 2004 Highlights d. Disposal of potentially infectious medical waste into sea by vessels’ e. Unauthorized transport or dumping into waters of sewage sludge or solid waste. f.transport, dumping or discharge of prohibited chemicals, hazardous and nuclear. g. Wastes control act (RA 6969) h. Discharging regulated water pollutants without valied required discharge permit pursuant to this act. Highlights i. Non-compliance of LGU with Water Quality Framework and Management Area Action Plan. j Refusal to allow entry,inspection and monitoring as well as access to reports and records by DENR in accordance with this act. k. Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR in accordance with this act. Philippine Water Act of 2004 Highlights l. Directly using booster pumps in the distribution system or tampering with water supply in such a way to alter or impair water quality. m. Operate facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals, substances or pollutant listed under RA 6969 into water bodies. Philippine Water Act of 2004 Highlights n. Undertake activities or development and expansion of projects or operating wastewater treatment/sewerage facilities in violaion of PD 1586 and its IRR. Philippine Water Act of 2004 Penalties 1. Upon recommendation of Pollution Adjudication Board (PAB) anyone who commits prohibited acts such as discharging untreated water into water bdy will be fined for every day of violation, the amount of not less than Php 10k but not more than 200,000pesos. 2. Failure to undertake clean-up operations willfully shall be funished by imprisonment of not less than 2 yrs and not more than 4 years. This also includes a fine of not less tan Php 50,000 and not more than Php100,000 per day of violation Philippine Water Act of 2004 Penalties 3. Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination on surface, ground, coastal and marine water shall be punished by imprisonment of not less than 6 yrs and 1 day and not more than 12 yr and a fine of Php 500,000 a day for each day the contamination or emission continues. 4. In cases of gross violation, a fine of not less than Php 500,00 but not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be filed. Philippine Water Act of 2004 Govt. Agencis Involved 1. DENR 2. Phi. Coast Guard 3. Dept. of Public Works and Highways 4. Dept. of Agriculture 5. Dept. of Health 6. Dept. of Science and Technology 7. Dept. of Education/Commission on Higher Education Philippine Water Act of 2004 Thank you!!!