Environmental Laws and Regulations in the Philippines

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Environmental
Management
Laws, Rules and
Regulations in the
Philippines
×made up of 7,107 islands
×land area of 115,739 sq. m.
(299,764 sq. km.).
×Main island groups are Luzon,
Visayas, and Mindanao.
× Capital is Manila.
The
Philippines
CLIMATE
×March to May is hot and dry.
×June to October is rainy,
×November to February is cool.
×Average temperatures: 78°F /
25°C to 90°F / 32°C;
×humidity is 77%.
1
POPULATION
There are a total of 76.5 million
Filipinos as of the latest
national census in May, 2000
with projected population of
85.2 million in 2005. Luzon, the
largest island group, accounts
for more than half of the entire
population.
Region III
DEMOGRAPHIC PROFILE
GEOGRAPHICAL COORDINATES
Longitude
Latitude
AURORA
: 121.77’80
15.82’16
BATAAN
: 120.51’97
14.64’48
BULACAN
: 120.97’84
14.97’90
PAMPANGA
: 120.66’83
15.07’39
TARLAC
: 120.49’18
15.52’45
ZAMBALES
: 120.08’74
15.30’06
NUEVA ECIJA : 121.04’47
15.63’14
OF
REGION III
2
LAND AREA (km.2)
POPULATION
×BULACAN
×PAMPANGA
×NUEVA ECIJA
×TARLAC
×ZAMBALES
×BATAAN
×AURORA
TOTAL
-
2,234,088
1,882,730
1,659,883
1,068,783
627,802
557,659
173,797
8,204,742
×NUEVA ECIJA
×ZAMBALES
×AURORA
×TARLAC
×BULACAN
×PAMPANGA
×BATAAN
TOTAL
-
5.284.3
3,714.4
3,239.5
3,053.5
2,625.0
2,180.7
1,373.0
18,230.8
Environmental management as
strategy for sustainable development
requires the understanding of 3
things;
environmental
management
× natural processes (both physical
and biological ) that operate in the
world
×role that technology plays in our
society and its capacity to alter natural
processes as well as solve problems
caused by human impact
×complex social processes that
characterize human populations
3
1976
1987 Constitution
National Pollution Control Law ( P.D. 984 )
– ( Article II,Section 16 )- “The State
should
protect and advance the right
of the people to a balanced
and
healthful ecology in accord with the
rhythm and harmony of nature
- carried out by then National Pollution
Control Commission ( NPCC )
1978
Philippine Environment Management
Statement ( EIS ) System ( P.D. 1586 )
- carried out by then National
Environmental Protection Council
( NEPC )
MANDATE
The EMB is the primary
government agency under
the Department of
Environment and Natural
Resources (DENR)
mandated to formulate,
integrate, coordinate,
supervise and implement all
policies, plans, programs,
projects and activities
relative to the prevention
and control of pollution as
well as the management and
enhancement of the
environment.
1987- Executive Order No. 192
- Reorganization of the DENR ,NPCC,
NEPC
and
the
Environmental
Center of the Philippines- merged EMB
In January 2000, the EMB was converted
into a line bureau from being a staff
bureau of the DENR and the EMB
Regional Offices were established.
Section 34 of the Phil. Clean Air Act of
1999 (RA 8749) and Section 2, Rule XLIV
of DENR AO No. 2000-81, led to the
conversion of EMB into a line bureau of
the
DENR.
Consequently,
the
Environmental
Management
and
Protected Areas Service (EMPAS) of the
DENR regional office was converted into
EMB Regional Offices in January 2000.
4
GENERAL OBJECTIVE
To properly manage and protect the
environment
in order to attain
sustainable
development
while
recognizing the primary responsibility of
local government units, non-government
agencies,
private
and
business
organizations
in
dealing
with
environmental problems.
SPECIFIC OBJECTIVES
×To strengthen enforcement capability
to handle violation of the laws, rules,
regulations and policies for the
protection of the environment and
promote the sustainable use of
environmental resources.
×Promote public information and
education to encourage participation
of
an
informed
citizenry
in
environmental quality planning and
monitoring.
SPECIFIC OBJECTIVES
×To formulate, review and update
environmental policies, programs and
projects on environmental management
and pollution control.
×To establish and enforce environmental
quality standards such as the quality
standards for water, air, land and noise
for the protection and sustainable use of
natural resources consistent with the
national environmental goals and
enforcement at the local government
units.
SPECIFIC OBJECTIVES
To develop and implement Pollution
Research and Development Program in
support of the ff:
a. Environmental criteria and standards
formulation
b. Environmental monitoring and
compliance monitoring
c. Study of existing and potential
environmental problems & issues
5
SPECIFIC OBJECTIVES
To strengthen the enforcement &
implementation of major Environmental Laws.
a. Presidential Decree 984 (Pollution Control
Law)
b. Presidential Decree 1586 (The
Environmental Impact Statement System
Law)
c. Republic Act 6969 ( Toxic Substances and
Hazardous and Nuclear Wastes Control Act )
d. Republic Act 8749 (Phil. Clean Air Act of
1999)
e. Republic Act 9003 (Ecological Solid Waste
Management Act)
f. Republic Act 9275 (Phil. Clean Water Act of
2004)
LEGAL FRAMEWORK
Other Related Laws to Water Quality
Management
PD 600: Marine Pollution Law
×Establishing the National Operations
Center for Oil Pollution (NOCOP) under
the Philippine Coast Guard (PCG)
PD 1067: Water Code of the Philippines
×Establishing
the
National
Water
Resources Board (NWRB)
×Adopts adequate measures to conserve
and regulate the use of water in
commercial, industrial & residential areas.
×Provides other policy guidelines on water
quality and management of water
resources
LEGAL FRAMEWORK
Presidential Decree 984:Pollution
Control Law of 1976
Provides for the Revisions of RA 3931
(1964) to strengthen the role of the
National Pollution Control Commission
(NPCC) as the sole primary Agency
responsible for the prevention, control and
abatement of air, land, water & noise
pollution.
Executive Order No. 192: Creating the
Department of Environment and Natural
Resources (DENR) [1987]
DENR is recognized as the primary
Agency
responsible
for
enforcing
Environmental Laws. It absorbed the
powers and functions of NPCC and NEPC
now discharged by the EMB.
Implementing Rules and
Regulations (IRR) of PD 984
ÖDAO 90-34: Revised water usage
and classification Water Quality
Criteria Amending Section Nos. 68
and 69, Chapter III of the 1978 NPCC
Rules and Regulations
ÖDAO
90-35:
Revised
Effluent
Regulations of 1990, Revising and
Amending the Effluent Regulations of
1982
ÖAmbient Noise Quality Standards
6
DAO # 34 Water Quality
Criteria
Water Usage and Classification
Republic Act 9275:
Fresh Surface Waters (rivers,
lakes, reservoirs, etc.,)
× Coastal and Marine Waters
×
Salient Features
I.
Declaration of Policies
II.
Coverage
III.
Conceptual Framework
IV.
Water quality Management System
V.
Prohibited Acts; Penalties
VI.
Funding Mechanism
VII. Institutional Linkages
The Philippine Clean
Water Act of 2004
DECLARATION OF POLICIES
Sustainable Development Framework
× Holistic National Program
× Integrated WQ Framework thru proper
delegation, effective coordination of
functions
× Self regulation among industries thru’
MBIs
× Focus on pollution prevention
× System of accountability of adverse
environmental impacts
× Streamline procedures and processes
7
Prohibited Acts
Prohibited Acts
1.
Depositing material of any kind w/c
could cause water pollution
2.
Discharging, injecting or allowing to
seep into the earth any substance
that would pollute groundwater
3.
Operating facilities that discharge
regulated water pollutants without
the valid required permits
4.
Non-compliance of LGU with the
WQM Action Plan
5.
Direct use of booster pumps in the
distribution system or tampering
with the water supply
INDICATORS OF THE SOLID WASTE
SITUATION IN THE PHILIPPINES
Republic Act 9003:
The Ecological Solid
Waste Management Act
of 2000
Per capita generation
Generated by households
Annual growth rate
Toxic & hazardous wastes generated by
industrial/commercial sector
Hazardous & infectious wastes hospitals
Collection rate:
Urban
Rural
Percentage of waste recycled & reused
Percentage of waste recycled & sold
No. of disposal sites:
Landfills
Closed landfills
Controlled dumps
Industrial waste incinerators
Identified open dumps
Identified composting facilities
Identified recycling facilities
.3-.7 kg/day
10M tons/yr
2.5 M
4.50%
2.4M tons/yr
6,750 tons/yr
70%
40%
3,173
73%
12%
5%
1
2
17
13
226
31
10
5
8
FACTORS THAT CONTRIBUTE TO THE
SOLID WASTE PROBLEM
INDICATORS OF THE SOLID WASTE
SITUATION IN THE PHILIPPINES
INDICATOR
No. of hospitals
No. of hospital waste incinerators
NATIONAL
18,500
43
No. of hazardous waste treatment facilities
28
Percentage of municipal solid waste
disposed in landfills & controlled dumps
Percentage of waste composted
Percentage of hospitals w/access to
incinerators
Percentage of hazardous waste treated or
recycled
Percentage of LGU budget allotted to solid
waste management
2%
METRO
MLA
SPIRALLING POLUTION
GROWTH RATES
RAPID
URBANIZATION
22
MUNICIPAL
SOLID WASTE
10%
50%
5%
1-2%
PRINCIPLES OF SOLID
WASTE MANAGEMENT
1. Waste is a resource.
2.Waste prevention is better than waste
regulation control.
3.An integrated solid waste
management system will best achieve
solid waste management goals.
4.All elements of society are
fundamentally responsible for solid
waste management.
PUBLIC
CHANGING
INDIFFERENCE
LIFESTYLE
CONSUMPTION
PATTENRS
PRINCIPLES OF SOLID
WASTE MANAGEMENT
5.Those who generate waste must bear the
cost of its management and disposal.
6. Solid waste management should be
approached within the context of resource
conservation, environmental protection
and health, and sustainable development.
7. Solid waste management programs
should take into consideration the
physical and socio-economic conditions of
the concerned communities and be
designed according to their specific needs
9
RA 9003 - Known as the
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT of 2000
Consolidation of House Bill No. 10651 and
Senate Bill No. 1595 - Finally approved by the
House of Representatives and the Senate
on Dec. 20 2000 and Dec. 12 2000 respectively.
An Act providing for an ecological solid waste
management program, creating the necessary
institutional mechanics and incentives, declaring
certain acts prohibited and providing penalties,
approaching funds therefore, & other purposes.
Republic Act 8749:
The Philippine
Clean Air Act of 1999
Introduction
“A comprehensive air
quality management
policy and program
which aims to achieve
and maintain healthy
air for all Filipinos”
ƒ
ƒ
ƒ
ƒ
June 23, 1999
July 02, 1999
July 17, 1999
Nov. 07, 2000
ƒ Nov. 10, 2000
ƒ Nov. 25, 2000
– CAA was enacted
– publication of CAA
– effectivity of CAA
– IRR signed
(DAO 2000-81)
– publication of IRR
– effectivity of IRR
10
Guiding Principles
Clean Air Act provides that the State shall:
z protect and advance the right of the
people to a balanced and healthful
ecology in accord with the rhythm and
harmony of nature;
z promote and protect the global
environment while recognizing the
primary responsibility of local
government units to deal with
environmental problems;
Guiding Principles (continued)
Clean Air Act provides that the State shall:
• recognize that the responsibility of
cleaning the habitat and environment
is primarily area-based;
• recognized that “polluters must pay”;
• recognize that a clean and healthy
environment is for the good of all and
should therefore be the concern of all.
Coverage of the Clean Air Act
“All potential sources of air pollution
(point, mobile and area sources) must
comply with the provisions of the law.
All emissions must be within the ambient
air quality & emission standards.”
Republic Act 6969:
Toxic Substances and
Hazardous and Nuclear Waste
Control Act
of 1990
11
OBJECTIVES OF RA 6969
× To protect the public and the
environment from the risk or
potential dangers in the use or
exposure to chemicals from long
term damage brought about by
careless handling or disposal of
hazardous wastes
× To regulate the use, movement and
disposal of chemicals, hazardous
and nuclear wastes in the
Philippines
Title II: Management of Chemicals and
Toxic Substances
Main Features:
× Philippine Inventory of
Chemicals and Chemical
Substances (PICCS)
× Pre-Manufacture and PreImportation Notification
(PMPIN)
× Priority Chemical List
(PCL)
× Chemical Control Order
(CCO)
1992:
THE IMPLEMENTING RULES AND
REGULATIONS of RA 6969
Title II: Management of Chemicals
and Toxic Substances
(Sections 14 to 23)
×provides for the regulation of all chemical
substances that may pose threat to public
health and the environment whether through
import, manufacture, sale, use, distribution,
and disposal
DENR Administrative Order No. 29,
Series of 1992:
THE IMPLEMENTING RULES AND
REGULATIONS
Title III: Hazardous Waste
Management
(Sections 24 to 31)
×provides for the regulation of all
hazardous wastes from generation,
transport, storage, re-use/recycling,
treatment and disposal
12
CHEMICAL CONTROL ORDERS (CCOs)
DA0 97-38: CCO for Mercury and its
compounds
×ban, regulated and/or limited use
DAO 97-39: CCO for Cyanide and its
compounds
×ban, regulated and/or limited use
DAO 2000-02: CCO for Asbestos
×ban, regulated/selected/limited use
DAO 2000-18: CCO for Ozone
Depleting Substances (ODSs)
×ban, and/or phase-out
PD 1586 - The Philippine
Environmental Impact
Statement (EIS) System
Basic DENR Policy on Philippine EIS
System Implementation
“to attain and maintain a rational and
orderly balance between economic
growth and environmental protection”
Presidential Decree
1586
The Philippine
Environmental Impact
Statement (EIS)
System
LEGAL FRAMEWORK
LOI 594, s.1977 – Established the
Administrative System for the EIA
PD 1151, s. 1977 – The Philippine
Environmental Policy (declared the
urgent need to formulate an
intensive, integrated program on
environmental protection)
PD 1586, s. 1978 – The Philippine
Environmental Impact Statement
(EIS) System (introduced the
concept of Environmentally Critical
Project (ECP) and Environmentally
Critical Area (ECA)
13
LEGAL FRAMEWORK
LEGAL FRAMEWORK
DAO 21, s.1992 – EIA Implementing
Rules and Regulation
×Provides for the delineation on the
review and processing of projects:
ECAs – EMB Regional Office; ECPs –
EMB Central Office.
×Introduced the concept of Social
Acceptability and Public Participation
in the EIA process
DAO 37, s. 1997 – Strengthening and
streamlining the EIA process, amending
and revising DAO 92-21,
×Provides for the establishment of
review
fund,
accreditation
of
preparers, establishment of the
Environmental
Guarantee
Fund
(EGF), Environmental Monitoring
Fund (EMF) and creation of
Multipartite Monitoring Team (MMT)
NUMBER OF MOTOR VEHICLES REGISTERED
COMPARATIVE , Jan.- June, 2003; 2004
Date of Preparation: 30 September 2004
REGION
2003
MOTOR VEHICLES REGISTERED
2004
% INC. (DEC.)
I
II
III
IV
134,677
84,724
285,679
311,338
139,157
93,819
319,318
340,652
V
VI
VII
VIII
IX
X
XI
XII
NCR
C.A.R.
CARAGA
TOTAL
66,592
132,403
208,098
48,399
63,149
66,588
83,212
74,043
781,135
29,194
23,807
75,843
146,293
266,392
56,523
73,031
70,489
94,695
78,588
852,045
28,997
26,100
2,393,038
2,661,942
3
2
5
4
1
3.33
10.73
11.78
9.42
13.89
10.49
28.01
16.79
15.65
5.86
13.80
6.14
9.08
-0.67
9.63
11.24
Thankyou
www.emb.gov.ph
emb_r3@yahoo.com
14
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