ChE Laws Phil Envi Laws Assignment

8/10/2019 ChE Laws Phil Envi Laws Assignment

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Technological Institute of the Philippines

Quiapo, Manila

Chemical Engineering Department

Chemical Engineering

Laws and Ethics

PHILIPPINE ENVIRONMENTAL

LAWS

Submitted by:

PASAG, Joseph M

Submitted to:

Engr. Robert Delfin

Date Submitted:

March 7, 2012


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R.A. 9003: Ecological Solid Waste Management Act of 2000

Republic Act No. 9003 or the Philippine Ecological Solid Waste Management Act of 2000 provides

the legal framework for the countrys systematic, comprehensive, and ecological solid waste management

program that shall ensure protection of public health and the environment. It emphasizes the need to create

the necessary mechanisms and incentives to pursue an effective solid waste management at the local

government levels.

One of its important features is the creation of the National Solid Waste Management Commission

(NSWMC), the National Ecology Center (NEC), and the Solid Waste Management Board in every province,

city and municipality in the country. The NSWMC shall be responsible in the formulation of the National

Solid Waste Management Framework (NSWMF) and other policies on solid waste, in overseeing the

implementation of solid waste management plans and the management of the solid waste management

fund. The NEC, on the other hand, shall be responsible for consulting, information, training and networking

services relative to the implementation of R.A.No. 9003. The Solid Waste Management Board of provinces,

cities, and municipalities shall be responsible for the development of their respective solid waste

management plans. Included also in its features are the formulation of the NSWMF: 10-year solid

management plans by local government units, mandatory segregation of solid waste to be conducted

primarily at the source such as household, institutional, industrial, commercial and agricultural sources,

setting of minimum requirements to ensure systematic collection and transport of wastes and the proper

protection of garbage collectors' health, establishment of reclamation programs and buy-back centers for

recyclable and toxic materials, promotion of eco-labeling in local products and services, prohibition on non-

environmentally acceptable products and packaging, establishment of Materials Recovery Facility (MRF) in

every barangay or cluster of barangays, prohibition against the use of open dumps, setting of

guidelines/criteria for the establishment of controlled dumps and sanitary landfills, provision of rewards,

incentives both monetary and non-monetary, financial assistance, grants and the like to encourage LGUs

and the general public to undertake effective solid waste management and promotion of research on solid

waste management and environmental education in the formal and non-formal sectors.

Based on what I read, R.A. 9003 is quite an efficient way of handling municipal and other types of

waste accumulated on our country. They conducted seminars and other related types of activities on

different LGUs to help promote waste management in the country. As promising as it looks, I cant say that

this Republic Act is neither a success nor a failure. I cant say that its a failure because there are


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municipalities and barangays who practice waste management. I cant say that its also a success because

as for our barangay, this kind of program was never implemented. I dont know whos at fault here, because

according to what I researched about it, the person/s involved in this program did their best, or at least it

was their best to disseminate this information to the sectors of the government, especially the smaller ones.

As Ive said before they conducted different seminars and other related programs to LGUs to at least help

them be knowledgeable of what R.A. 9003 is all about. I also saw their sample PPTs used in the different

seminars that they conducted. Maybe the dissemination of the information was not enough to reach smaller

sectors of government including our barangay and other barangays who does not practice waste

management. Maybe the fault is at the people who attended the said seminars also. Although they

attended the seminar, they didnt pay much attention to the topic at hand. Strict implementation and proper

relay of information is the key for this programs success. Lets take for example the municipality of Makati.

Yes, it is given that they are one of the cleanest and wealthy cities in the country, but they were also one of

the most industrialized. My point is that, if they can do it, other cities can do it too, especially Manila. I was

quite disappointed at how solid wastes were handled in our city. Everywhere I look, I can see trash and

garbage on the streets and other public places. Yes, most people in our city are stubborn but strict

implementations of laws may solve this problem. This is the problem in our country; the rich are getting

richer while the poor are getting poorer. If budgets for this kind of programs are properly allocated and

used, then maybe, just maybe, there is still hope.

All in all, R.A. 9003 or Ecological Solid Waste Management Act of 2000 is a good provision in

helping our country has a systematic and comprehensive waste segregation. If only strict implementations

of laws and good promulgation of information were done, then this kind of republic act may be a complete

success.


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R.A. 8749: Philippine Clean Air Act of 1999

Republic Act No. 8749 or the Philippine Clean Air Act of 1999 is the law that provides a

comprehensive air pollution control policy. Specifically, this legislative intends to apply air quality

management in all sources in order to implement abatement and control of air pollution. The clear intent of

the Clean Air Act is to bring the citizenry into a national cooperative and self-regulatory effort to clean the

air we now breathe, and to ensure that our children will continue to enjoy the same. The measures to be

adopted are meant to be preventive rather than corrective, with everyone voluntarily cooperating with the

government rather than it coercing the citizenry.

The State shall pursue a policy of balancing development and environmental protection. To

achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the

policy of the State to formulate a holistic national program of air pollution that shall be implemented by the

government through proper delegation and effective coordination of function and activities, encourage

cooperation and self-regulation among citizen and industries through the application of incentives market-

based instruments, focus primarily on pollution prevention rather than on control and provide for a

comprehensive management program on air pollution, promote public information and education to

encourage the participation of an informed and active public in air quality planning and monitoring,

Formulate and enforce a system of accountability for short and long term adverse environmental impact of

a project, program or activity. This shall include setting up of a funding or guarantee mechanism for clean-

up and environmental rehabilitation and compensation for personal damages.

It mandates the various government agencies to do the following in support of the Act: Department

of Environment and Natural Resources (DENR)act as overall of the lead agency; prepare a National Air

Quality Status Report which shall be used as a basis in formulating the Integrated Air Quality Improvement

Framework; issue rules and regulations in the implementation of the Act. Department of Transportation and

Communication (DOTC)in coordination with the DENR in case of industrial dischargers and the DOTC, in

case of motor vehicles, shall, based on environmental techniques, design, impose on and collect regular

emission fees from all said dischargers as part of the emission permitting system or vehicle registration

renewal system, as the case may be; implement the emission standards for motor vehicles. Department of

Science and Technology (DOST) with the DENR, other agencies, private sector, the academe, non-

government organizations and peoples organization, shall establish a National Research Development

Program for the prevention and control of air pollution. Department of Trade and Industry (DTI), DOST


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Local Government Units (LGUs) -together with the DENR shall develop an action plan for the control and

management of air pollution from motor vehicles with the Integrated Air Quality Management Framework.

DOTC, DTI and DENR - 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 emission of pollutants

discharged by the said sources. Department of Energy ( DOE) co-chaired with the DENR, in consultation

with the Bureau of Product Standards of DTI, DOST with the fuel and automotive industries, academe and

the consumers shall set specifications for all types of fuel and fuel related products, to improve fuel

composition for increased efficiency and reduced emissions. Philippine Atmospheric, Geophysical and

astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting

environmental conditions including ozone depletion and greenhouse gases. Philippine Nuclear Research

Institute (PNRI) with the DENR shall regulate all projects which will involve the use of atomic and/or

nuclear energy, and will entail release 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. Department of Education (DepEd), Commission on

Higher Education (CHED) , Department of Interior and Local Governments (DILG) and the Philippine

Information Agency ( PIA) shall encourage participation of government agencies and the private sector

including NGOs, POs, academe, environmental groups and other private entities in a multi-sectoral

campaign.

It is clear from the implementing rules and regulation of R.A. 8749 that air quality standards emitted

by PUVs, other vehicles, manufacturing factories and other related categories should be monitored and

should pass the standard air quality imposed. Different sectors of government are given individual tasks to

ensure that the program was carried out. This program was on-off for me because as we can see, strict

implementation of law related to this was carried out occasionally. The implementation was not continuous

and they will just act if the media will make an account of it, especially on the negative side. Again, strict

implementation and proper information dissemination is the key for this republic act to succeed.


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R.A. 9275: Philippine Clean Water Act of 2004

R.A. No. 9275 or the Philippine Clean Water Act of 2004 is an act providing for a comprehensive

water quality management and for other purposes. The Philippine Clean Water Act of 2004 (Republic Act

No. 9275) aims to protect the countrys water bodies from pollution from land -based sources (industries and

commercial establishments, agriculture and community/household activities). It provides for a

comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and

participatory approach involving all the stakeholders.

Highlights of the clean water act includes the Management of water quality will either be based on

watershed, river basin or water resources region. Water quality management areas with similar

hydrological, hydrogeological, meteorological or geographic conditions which affect the reaction and

diffusion of pollutants in water bodies are to be designated by the DENR in coordination with the National

Water Resources Board (NWRB). Management will be localized. Multi-sectoral governing boards will be

established to manage water quality issues within their jurisdiction. Governing Boards shall be composed of

representatives of mayors and governors as well as local government units, representatives of relevant

national government agencies, duly registered non-government organizations, the concerned water utility

sector and the business sector. The Governing Boards will formulate strategies to coordinate policies

necessary for the effective implementation of this Act. They will create a multi-sectoral group to establish

and affect water quality surveillance and monitoring. All owners or operators of facilities that discharge

wastewater are required to get a permit to discharge from the DENR or the Laguna Lake Development

Authority. Existing industries without any permit are given 12 months from the effectivity of the

implementing rules and regulations (IRR) promulgated pursuant to this Act to secure a permit to discharge.

The Department of Public Works and Highways (DPWH), in coordination with local government units will

prepare a national program on sewage and septage management not later than 12 months from effectivity

of this Act. A priority list will likewise be prepared which will be the basis for the allotment of funds on an

annual basis by the national government for the construction and rehabilitation of required facilities. On the

other hand, LGUs are to provide the land including road right of the way for the construction of sewage

and/or septage treatment facilities and raise funds for the operations and maintenance of said facilities. The

Department of Health (DOH) will formulate guidelines and standards for the collection, treatment and

disposal of sewage as well as the guidelines for the establishment and operation of centralized sewage

treatment system. The MWSS and other agencies mandated to provide water supply and sewerage


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facilities are required to connect existing sewage lines, subject to the payment of sewerage service

charges/fees within five years following effectivity of this Act. All sources of sewage and septage are

required to comply with the law. Anyone discharging wastewater into a water body will have to pay a

wastewater charge. This economic instrument which will be developed in consultation with all concerned

stakeholders is expected to encourage investments in cleaner production and pollution control technologies

to reduce the amount of pollutants generated and discharged. Effluent trading per management area will

also be allowed. Rewards will also be given to those whose wastewater discharge is better than the water

quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs,

water districts, enterprise, private entities and individuals who develop and undertake outstanding and

innovative projects in water quality management. All possible dischargers are required to put up an

environmental guarantee fund (EGF) as part of their environmental management plan. The EGF will

finance the conservation of watersheds and aquifers, and the needs of emergency response, clean up or

rehabilitation.

Among others, the Act prohibits the following: Discharging or depositing any water pollutant to the

water body, or such which will impede natural flow in the water body, discharging, injecting or allowing

entering into the soil, anything that would pollute groundwater, operating facilities that discharge regulated

water pollutants without the valid required permits, disposal of potentially infectious medical waste into sea

by vessels, unauthorized transport or dumping into waters of sewage sludge or solid waste, transport,

dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals,

Hazardous and Nuclear Wastes Control Act (Republic. Act No. 6969), discharging regulated water

pollutants without the valid required discharge permit pursuant to this Act, noncompliance of the LGU with

the Water Quality Framework and Management Area Action Plan, refusal to allow entry, inspection and

monitoring as well as access to reports and records by the DENR in accordance with this Act, refusal or

failure to submit reports and/or designate pollution control officers whenever required by the DENR in

accordance with this Act, directly using booster pumps in the distribution system or tampering with the

water supply in such a way to alter or impair the water quality, operate facilities that discharge or allow to

seep, willfully or through grave negligence, prohibited chemicals, substances, or pollutants listed under

R.A. No. 6969, into water bodies, undertake activities or development and expansion of projects, or

operating wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.

The DENR is the primary government agency responsible for the implementation and enforcement

of this Act, with the support of other government organizations, local government units, non -government


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organizations and the private sector. Towards this end, the DENR will review and set affluent standards,

review and enforce water quality guidelines, classify groundwater sources and prepare a national

groundwater vulnerability map, classify or reclassify water bodies, establish internationally accepted

procedures for sampling and analysis, prepare an integrated water quality management framework and

subsequently prepare 10-year management plans for each water management area.

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