Environment andNatural Resources:The Laws on Protection

By

N. M. Aguilar

Chapter 1Promotion of Environmental

Awareness

Republic Act No. 9512, a piece of legislation known asthe "National Environmental Awareness and Education Actof 2008" which is a consolidation of Senate Bill No. 1699 andHouse Bill No. 4381, was passed by the Senate and the Houseof Representatives on October 8, 2008 and signed by thenPresident Gloria Macapagal-Arroyo on December 12, 2008. Itis entitled as “AN ACT TO PROMOTE ENVIRONMENTALAWARENESS THROUGH ENVIRONMENTALEDUCATION AND FOR OTHER PURPOSES.”

Declaration of Policy

Consistent with the policy of the State to protect andadvance the right of the people to a balanced and healthfulecology in accord with the rhythm and harmony of nature, andin recognition of the vital role of the youth in nation buildingand the role of education to foster patriotism and nationalism,accelerate social progress, and promote total human liberationand development, the state shall promote national awarenesson the role of natural resources in economic growth and theimportance of environmental conservation and ecologicalbalance towards sustained national development. (Sec. 2, RA9512)

Scope of Environmental Education

The Department of Education (DepEd), the Commission onHigher Education (CHED), the Technical Education and Skills

Development Authority (TESDA), the Department of SocialWelfare and Development (DSWD), in coordination with theDepartment of Environment and Natural Resources (DENR),the Department of Science and Technology (DOST) and otherrelevant agencies, shall integrate environmental education inits school curricula at all levels, whether public or private,including in barangay daycare, preschool, non-formal,technical vocational, professional level, indigenous learningand out-of-school youth courses or programs. Environmentaleducation shall encompass environmental concepts andprinciples, environmental laws, the state of international andlocal environment, local environmental best practices, thethreats of environmental degradation and its impact on humanwell-being, the responsibility of the citizenry to theenvironment and the value of conservation, protection andrehabilitation of natural resources and the environment in thecontext of sustainable development. It shall cover boththeoretical and practicum modules comprising activities,projects, programs including, but not limited to, tree planting;waste minimization, segregation, recycling and composting;freshwater and marine conservation; forest management andconservation; relevant livelihood opportunities and economicbenefits and other such programs and undertakings to aid theimplementation of the different environmental protection law.(Sec. 3, RA 9512)

Environmental Awareness Programs

The CHED and the TESDA shall include environmentaleducation and awareness programs and activities in theNational Service Training Program under Republic Act No.9163, as part of the Civic Welfare Training Servicecomponent required for all baccalaureate degree courses andvocational courses with a curriculum of at least two (2) years.(Sec. 4, RA 9512). Pursuant to the policy set forth in this Act,the month of November of every year shall be known as the"Environmental Awareness Month" throughout thePhilippines. (Sec. 5, RA 9512)

Interagency and Multi-sectoral Effort

The DepEd, CHED, TESDA, DENR, DOST and otherrelevant agencies, in consultation with experts on theenvironment and the academe, shall lead in theimplementation of public education and awareness programson environmental protection and conservation throughcollaborative interagency and multi-sectoral effort at all levels.(Sec. 6, RA 9512)

The DENR shall have the primary responsibility ofperiodically informing all agencies concerned on currentenvironmental updates, including identifying priorityenvironmental education issues for national action andproviding strategic advice on the environmental educationactivities. The DepEd, CHED, TESDA, DENR, DOST,DSWD and barangay units shall ensure that the information isdisseminated to the subject students. (Ibid.)

The DOST is mandated to create programs that will ensurethat students receive science-based quality information onenvironmental issues to encourage the development ofenvironment-friendly solutions, devices, equipment andfacilities. (Ibid.)

Capacity-Building

The DepEd, CHED and TESDA, in coordination with theDENR and other relevant agencies, shall undertake capacity-building programs nationwide such as trainings, seminars,workshops on environmental education, development andproduction of environmental education materials, and teacher-education courses and related livelihood programs. (Sec. 7, RA9512)

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Related Procedural and Substantive Issuances:

Annex “1”

Republic Act No. 9275

AN ACT PROVIDING FOR A COMPREHENSIVEWATER QUALITY MANAGEMENT AND FOR OTHER

PURPOSESBe it enacted by the Senate and House of Representatives of

the Philippines in Congress assembled:CHAPTER 1

GENERAL PROVISIONSARTICLE 1

DECLARATION OF PRINCIPLES AND POLICIESSECTION 1. Short Title. - This Act shall be known as the

"Philippine Clean Water Act of 2004."SECTION 2. Declaration of Policy. - The State shall

pursue a policy of economic growth in a manner consistentwith the protection, preservation and revival of the quality ofour fresh, brackish and marine waters. To achieve this end, theframework for sustainable development shall be pursued. Assuch, it shall be the policy of the State:

a) To streamline processes and procedures in theprevention, control and abatement of pollution of thecountry's water resources;

b) To promote environmental strategies, use ofappropriate economic instruments and of controlmechanisms for the protection of water resources;

c) To formulate a holistic national program of waterquality management that recognizes that water qualitymanagement issues cannot be separated from concernsabout water sources and ecological protection, watersupply, public health and quality of life;

d) To formulate an integrated water qualitymanagement framework through proper delegation andeffective coordination of functions and activities;

e) promote commercial and industrial processes andproducts that are environment friendly and energyefficient;

f) To encourage cooperation and self-regulationamong citizens and industries through the applicationof incentives and market-based instruments and topromote the role of private industrial enterprises inshaping its regulatory profile within the acceptableboundaries of public health and environment;

g) To provide for a comprehensive managementprogram for water pollution focusing on pollutionprevention;

h) To promote public information and educationand to encourage the participation of an informed andactive public in water quality management andmonitoring;

i) To formulate and enforce a system ofaccountability for short and long-term adverseenvironmental impact of a project, program or activity;and

j) To encourage civil society and other sectors,particularly labor, the academe and businessundertaking environment-related activities in theirefforts to organize, educate and motivate the people inaddressing pertinent environmental issues andproblems at the local and national levels.

SECTION 3. Coverage of the Act. - This Act shall applyto water quality management in all water bodies: Provided,That it shall primarily apply to the abatement and control ofpollution from land based sources: Provided, further, That thewater quality standards and regulations and the civil liabilityand penal provisions under this Act shall be enforcedirrespective of sources of pollution.

ARTICLE 2DEFINITION OF TERMS

SECTION 4. Definition of Terms. - As used in this Act:a) Aquifer - means a layer of water-bearing rock

located underground that transmits water in sufficientquantity to supply pumping wells or natural springs.

b) Aquatic life - means all organisms living infreshwater, brackish and marine environment.

c) Beneficial use - means the use of theenvironment or any element or segment thereofconducive to public or private welfare, safety andhealth; and shall include, but not be limited to, the useof water for domestic, municipal, irrigation, powergeneration, fisheries, livestock raising, industrial,recreational and other purposes.

1. Use of water for domestic purposes -means the utilization of water for drinking,washing, bathing, cooking or other householdneeds, home gardens and watering of lawns ordomestic animals;

2. Use of water for municipal purposes -means the utilization of water for supplyingwater requirements of the community;

3. Use of water for irrigation - means theutilization of water for producing agriculturalcrops;

4. Use of water for power generation -means the utilization of water for producingelectrical or mechanical power;

5. Use of water for fisheries - means theutilization of water for the propagation ofculture of fish as a commercial enterprise;

6. Use of water for livestock raising - meansthe utilization of water for large herds or flocksof animals raised as a commercial enterprise;

7. Use of water for industrial purposes -means the utilization of water in factories,industrial plants and mines, including the use ofwater as an ingredient of a finished product;and

8. Use of water for recreational purposes -means the utilization of water for swimmingpools, bath houses, boating, water skiing, golfcourses and other similar facilities in resortsand other places of recreation.

d) Classification/Reclassification of PhilippineWaters - means the categorization of all water bodiestaking into account, among others, the following: (1)existing quality of the body of water; (2) size, depth,surface area covered, volume, direction, rate of flowand gradient of stream; (3) most beneficial existing andfuture use of said bodies of water and lands borderingthem, such as for residential, agricultural, aquacultural,commercial, industrial, navigational, recreational,wildlife conservation and aesthetic purposes; and (4)vulnerability of surface and groundwater tocontamination from pollutive and hazardous wastes,agricultural chemicals and underground storage tanksof petroleum products.

e) Civil Society - means non-governmentorganizations (NGOs) and people's organizations(POs).

f) Cleaner Production - means the application of anintegrated, preventive environmental strategy toprocesses, products, services to increase efficiency andreduce risk to humans and the environment;

g) Clean-up operations - means activities involvingthe removal of pollutants discharged or spilled into awater body and its surrounding areas, and therestoration of the affected areas to their formerphysical, chemical and biological state or conditions.

h) Contamination - means the production ofsubstances not found in the natural composition ofwater that make the water less desirable or unfitdesirable or unfit for intended use.

i) Department - means the Department ofEnvironment and Natural Resources.

j) Discharge includes, but is not limited to, the actof spilling, leaking, pumping, pouring, emitting,emptying, releasing or dumping of any material into awater body or onto land from which it might flow ordrain into said water.

k) Drinking water- means water intended for humanconsumption or for use in food preparation.

l) Dumping - means any unauthorized or illegaldisposal into any body of water or land of wastes ortoxic or hazardous material: Provided, That it does notmean a release of effluent coming from commercial,industrial, and domestic sources which are within theeffluent standards.

m) Effluent - means discharge from known sourceswhich is passed into a body of water or land, orwastewater flowing out of a manufacturing plant,industrial plant including domestic, commercial andrecreational facilities.

n) Effluent standard - means any legal restriction orlimitation on quantities, rates, and/or concentrations orany combination thereof, of physical, chemical orbiological parameters of effluent which a person orpoint source is allowed to discharge into a body ofwater or land.

o) Environmental management - means the entiresystem which includes, but is not limited to,conservation, regulation and minimization of pollution,clean production, waste management, environmentallaw and policy, environmental education andinformation, study and mitigation of the environmentalimpacts of human activity, and environmentalresearch.

p) Environmental management system - means thepart of the overall management system that includesorganizational structure, planning activities,responsibilities, practices, procedures, processes andresources for developing, implementing, achieving,reviewing and maintaining the environment policy.

q) Freshwater - means water containing less than500 ppm dissolved common salt, sodium chloride,such as that in groundwater, rivers, ponds and lakes.

r) Groundwater - means a subsurface water thatoccurs beneath a water table in soils and rocks, or ingeological formations.

s) Groundwater vulnerability - means relative easewith which a contaminant located at or near the landsurface can migrate to the aquifer or deep well.

t) Groundwater vulnerability map - means theidentified areas of the land surface where groundwaterquality is most at risk from human activities and shallreflect the different degrees of groundwatervulnerability based on a range of soil properties andhydro geological criteria to serve as guide in theprotection of the groundwater from contamination.

u) Hazardous waste - means any waste orcombination of wastes of solid liquid, containedgaseous, or semi-solid form which cause, of contributeto, an increase in mortality or an increase in seriousirreversible, or incapacitating reversible illness, takinginto account toxicity of such waste, its persistence anddegradability in nature, its potential for accumulationor concentration in tissue, and other factors that mayotherwise cause or contribute to adverse acute orchronic effects on the health of persons or organism.

v) Industrial waste - means any solid, semi-solid orliquid waste material with no commercial valuereleased by a manufacturing or processing plant otherthan excluded material.

w) Integrated Water Quality ManagementFramework - means the policy guideline integrating allthe existing frameworks prepared by all governmentagencies contain the following; water quality goals andtargets; (b) period of compliance; (c) water pollutioncontrol strategies and techniques; (d) water qualityinformation and education program; (e) humanresources development program.

x) Margin - means a landward and outer limitingedge adjacent to the border of any water bodies or alimit beyond where beyond where saturation zoneceases to exist.

y) National Water Quality Status Report - means areport to be prepared by the Department indicating: a)the location of water bodies, their quality, taking intoaccount seasonal, tidal and others variations, existingand potential uses and sources of pollution per specificpollutant and pollution load assessment; b) waterquality management areas pursuant to Section 5 of thisAct; c) and water classification.

z) Non-point source - means any source of pollutionnot identifiable as point source to include, but not belimited to, runoff from irrigation or rainwater, whichpicks up pollutants from farms and urban areas.

aa) Point source - means any identifiable source ofpollution with specific point of discharge into aparticular water body.

bb) Pollutant- shall refer to any substance, whethersolid, liquid, gaseous or radioactive, which directly orindirectly:

(i) alters the quality of any segment of thereceiving water body to affect or tend to affectadversely any beneficial use thereof;

(ii) is hazardous or potential hazardous tohealth;

(iii) imparts objectionable odor, temperaturechange, or physical, chemical or biologicalchange to any segment of the water body; or

(iv) is in excess of the allowable limits,concentrations, or quality standards specified,or in contravention of the condition, limitationor restriction prescribed in this Act.

cc) Pollution control technology- means pollutioncontrol devices or apparatus, processes, or other meansthat effectively prevent control or reduce pollution ofwater caused by effluents and other discharges, from

any point source at levels within the water pollutionstandards.

dd) Potentially infectious medical waste- includeisolation wastes, infectious agents, human blood andblood products, pathological wastes, sharps, bodyparts, contaminated bedding, surgical wastes, and otherdisposable medical equipment and material that maypose a risk to the public health, welfare or the marineenvironment.

ee) Secretary - means the Secretary of theDepartment of Environmental and Natural Resources(DENR).

ff) Septage - means the sludge produced onindividual onsite wastewater disposal systems,principally septic tanks and cesspools.

gg) Sewage - means water-borne human or animalwastes, excluding oil or oil wastes, removed fromresidences, building, institutions, industrial andcommercial establishments together with suchgroundwater, surface water and storm water as maybepresent including such waste from vessels, offshorestructures, other receptacles intended to receive orretain waste or other places or the combination thereof.

hh) Sewerage - includes, but is not limited to, anysystem or network of pipelines, ditches, channels, orconduits including pumping stations, lift stations andforce mains, service connections including otherconstructions, devices, and appliances appurtenantthereto, which includes the collection, transport,pumping and treatment of sewage to a point ofdisposal.

ii) Sludge - means any solid, semi-solid or liquidwaste or residue generated from a wastewatertreatment plant, water supply treatment plant, or watercontrol pollution facility, or any other such wastehaving similar characteristics and effects.

jj) Surface water - means all water, which is open tothe atmosphere and subject to surface runoff.

kk) Treatment - means any method, technique, orprocess designed to alter the physical, chemical orbiological and radiological character or composition ofany waste or wastewater to reduce or prevent pollution.

ll) Toxic amount - means the lowest amount ofconcentration of toxic pollutants, which may causechronic or long-term acute or lethal conditions oreffects to the aquatic life, or health of persons or whichmay adversely affect designated water uses.

mm) Waste - means any material either solid,liquid, semisolid, contained gas or other formsresulting industrial, commercial, mining or agriculturaloperations, or from community and householdactivities that is devoid of usage and discarded.

nn) Wastewater - means waste in liquid statecontaining pollutants.

oo) Water body - means both natural and man-madebodies of fresh, brackish, and saline waters, andincludes, but is not limited to, aquifers, groundwater,springs, creeks, streams, rivers, ponds, lagoons, waterreservoirs, lakes, bays, estuarine, coastal and marinewaters. Water bodies do not refer to those constructed,developed and used purposely as water treatmentfacilities and / or water storage for recycling and re-usewhich are integral to process industry ormanufacturing.

pp) Water Pollution - means any alteration of thephysical, chemical, biological, or radiologicalproperties of a water body resulting in the impairmentof its purity or quality.

qq) Water Quality - means the characteristics ofwater, which define its use in characteristics by termsof physical, chemical, biological, bacteriological orradiological characteristics by which the acceptabilityof water is evaluated.

rr) Water quality guidelines - means the level for awater constituent or numerical values of physical,chemical, biological and bacteriological or radiological

parameters which are used to classify water resourcesand their use, which does not result in significanthealth risk and which are not intended for directenforcement but only for water quality managementpurposes, such as determining time trends, evaluatingstages of deterioration or enhancement of the waterquality, and as basis for taking positive action inpreventing, controlling or abating water pollution.

ss) Water Quality Management Area Action Plan -includes, but not be limited to, the following: (a) goalsand targets including sewerage or septage program, (b)schedule of compliance to meet the applicablerequirements of this Act; (c) water pollution controlstrategies or techniques; (d) water quality informationand education program; e) resource requirement andpossible sources; f) enforcement procedures of the planand (g) rewards and incentives under Chapter 4 of thisAct.

CHAPTER 2WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - TheDepartment, in coordination with National Water ResourcesBoard (NWRB), shall designate certain areas as water qualitymanagement areas using appropriate physiographic units suchas watershed, river basins or water resources regions. Saidmanagement areas shall have similar hydrological,hydrogeological, meteorological or geographic conditionswhich affect the physicochemical, biological andbacteriological reactions and diffusions of pollutants in thewater bodies, or otherwise share common interest or facesimilar development programs, prospects or problems.

Said management area shall be governed by a governingboard composed of representatives of mayors and governorsof member local government units (LGUs), andrepresentatives of relevant national government agencies, dulyregistered non-governmental organization, water utility sector,

and business sector. The Department representative shall chairthe governing board. In the case of the LGUs withmemberships on more than one (1) management board, theLGU shall designate only one (1) single representative for allthe management areas wherein is a member.

The governing board shall formulate strategies tocoordinate policies necessary for the effective implementationof this Act in accordance with those established in theframework and monitor the compliance with the action plan.

Each management area shall create a multi-sectoral groupto establish and affect water quality surveillance andmonitoring network including sampling schedules and othersimilar activities. The group shall submit its report andrecommendation to the chairman of the governing board.

A technical secretariat for each management area is herebycreated which shall be part of the department and shall providetechnical support to the governing board. They shall becomposed of at least four (4) members who shall have thefollowing minimum qualifications:

a) One (1) member shall be a member of thePhilippines Bar;

b) One (1) member shall be a Chemical Engineer,Chemist, Sanitary Engineer, Environmental Engineeror Ecologist or significant training and experience inchemistry;

c) One (1) member shall be a Civil Engineer orHydrologist or Significant training and experience inclosely related fields and experience on ground water,respectively; and

d) One (1) member shall be a Geologist, Biologist,or significant training and experience in closely relatedfields.

The areas within the jurisdiction of the Laguna LakeDevelopment Authority (LLDA) shall be designated as onemanagement area under the administration of LLDA inaccordance with R.A. No. 4850, as amended: Provided,However, That the standards promulgated pursuant to this Act

and wastewater charge system established pursuant hereofshall be enforced in said area.

SECTION 6. Management of Non-attainment Areas. -The Department shall designate water bodies, or portionsthereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelinesas non-attainment areas for the exceeded pollutants. It shallprepare and implement a program that will not allow newsources of exceeded water pollutant in non-attainment areaswithout a corresponding reduction in discharges from existingsources; Provided, That if the pollutant is naturally occurring,e.g. naturally high boron and other elements in geothermalareas, discharge of such pollutant may be allowed: Provided,further, That the effluent concentration of discharge shall notexceed the naturally occurring level of such pollutant in thearea: Provided, Finally, That the effluent concentration andvolume of discharge shall not adversely affect water supply,public health and ecological protection.

The Department shall, in coordination with NWRB,Department of Health (DOH), Department of Agriculture(DA), governing board and other concerned governmentagencies and private sectors shall take such measures as maybe necessary to upgrade the quality of such water in non-attainment areas to meet the standards under which it has beenclassified.

Upgrading of water quality shall likewise includeundertakings, which shall improve the water quality of a waterbody to a classification that will meet its projected or potentialuse.

The LGUs shall prepare and implement contingency plansand other measures including relocation, whenever necessary,for the protection of health and welfare of the residents withinpotentially affected areas.

SECTION 7. National Sewerage and SeptageManagement Program. - The Department of Public Worksand Highways (DPWH), through its relevant attachedagencies, in coordination with the Department, localgovernment units (LGUs) and other concerned agencies, shall,

as soon as possible, but in no case exceeding a period oftwelve (12) months from the affectivity of this Act, prepare anational program on sewerage and septage management inconnection with Section 8 hereof.

Such program shall include a priority listing of sewerage,septage and combined sewerage-septage projects for LGUsbased on population density and growth, degradation of waterresources, topography, geology, vegetation, program/projectsfor the rehabilitation of existing facilities and such otherfactors that the Secretary may deem relevant to the protectionof water quality. On the basis of such national listing, thenational government may allot, on an annual basis, funds forthe construction and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, includingthe required rights-of-way/road access to the land for theconstruction of the sewage and/or septage treatment facilities.

Each LGU may raise funds to subsidize necessary expensesfor the operation and maintenance of sewerage treatment orseptage facility servicing their area of jurisdiction throughlocal property taxes and enforcement of a service fee system.

SECTION 8. Domestic Sewage Collection, Treatmentand Disposal. - Within five (5) years following the effectivityof this Act, the Agency vested to provide water supply andsewerage facilities and/or concessionaires in Metro Manilaand other highly urbanized cities (HUCs) as defined inRepublic Act No. 7160, in coordination with LGUs, shall berequired to connect the existing sewage line found in allsubdivisions, condominiums, commercial centers, hotels,sports and recreational facilities, hospitals, market places,public buildings, industrial complex and other similarestablishments including households to available seweragesystem. Provided, That the said connection shall be subject tosewerage services charge/fees in accordance with existinglaws, rules or regulations unless the sources had alreadyutilized their own sewerage system: Provided, further, That allsources of sewage and septage shall comply with therequirements herein.

In areas not considered as HUCs, the DPWH incoordination with the Department, DOH and other concernedagencies, shall employ septage or combined sewerage-septagemanagement system.

For the purpose of this section, the DOH, coordination withother government agencies, shall formulate guidelines andstandards for the collection, treatment and disposal of sewageincluding guidelines for the establishment and operation ofcentralized sewage treatment system.

SECTION 9. National Water Quality Management Fund.- A water quality management fund, to be administered by theDepartment, in coordination with other concerned agencies, asa special account in the National Treasury is herebyestablished. The fund shall be used to finance the following:

a) Finance containment and clean-up operations ofthe government in water pollution cases;

b) Guarantee restoration of ecosystems andrehabilitation of affected areas;

c) Support research, enforcement and monitoringactivities;

d) Provide technical assistance to the implementingagencies;

e) Grant rewards and incentives;f) Support information and educational campaign;

andg) Such other disbursements made solely for the

prevention, control or abatement of water pollution andmanagement and administration of the managementareas in the amounts authorized by the Department.

The fines imposed and damages awarded to the governmentby the Pollution Adjudication Board (PAB), proceeds ofpermits issued by the Department under this Act, donations,endowments and grants in the form of contributions to thenational government under this Act shall form part of the fund.Such donations, endowments and grants shall be exempt fromdonor's taxes and all other taxes, charges or fees imposed bythe government and shall be deductible from the gross incomeof the donor for income tax purposes.

Disbursements from the fund shall be subject to the usualaccounting and budgeting rules and regulations.

SECTION 10. The Area Water Quality ManagementFund. - The area water quality management fund is herebyestablished for the maintenance and upkeep of the waterbodies in a water quality management area. The fund shall beutilized for the grant of rewards and incentives for entitieswhose effluent discharges are better than the water qualitycriteria of the target classification of the receiving body ofwater, loans for acquisitions and repairs of facilities to reducequantity and improve quality of wastewater discharges, andregular maintenance of the water bodies within themanagement area.

An amount of not more than ten percent (10%) of the totalamount accruing to the funds annually shall be allocated forthe operational expenses of the governing board, its secretariatand multi-sectoral water quality surveillance and monitoringnetwork.

This fund shall initially be sourced from the fines incurredby the establishments located in rural areas before theeffectivity of this Act. Thereafter, the fees collected under thewastewater charge system established under Section 13 of thisAct, donations, endowments and grants for water qualitymanagement of the area shall accrue to the fund.

Disbursements from the fund shall be subject to the usualaccounting and budgeting rules and regulations. This fundshall be managed by the Board of the correspondingmanagement area.

SECTION 11. Water Quality Variance for Geothermaland Oil and Gas Exploration. - The Department may providevariance in water quality criteria and standards for geothermalexploration that encounters re-injection constraints: Provided,That there shall be provision for adequate protection ofbeneficial use of water bodies, downstream of the geothermalproject: Provided, further, That this provision may be appliedto oil and gas exploration as determined by the Department.

SECTION 12. Categories of Industry Sector. - Withintwenty-four (24) months from the effectivity of this Act, and

every two (2) years thereafter, the Department shall, throughdue public consultation, revise and publish a list of categoriesof industry sector for which effluent standards will beprovided for each significant wastewater parameter perindustry sector.

The Department shall provide additional classificationbased on other parameters specifically associated to dischargeof a particular industry which shall be included in the listing ofcategories prescribed in the preceding paragraph.

ARTICLE 2WATER POLLUTION PERMITS AND CHARGESSECTION 13. Wastewater Charge System. - The

Department shall implement a wastewater charge system in allmanagement areas including the Laguna Lake Region andRegional Industrial Centers through the collection ofwastewater charges/fees. The system shall be established onthe basis of payment to the government for dischargingwastewater into the water bodies. Wastewater charges shall beestablished taking into consideration the following:

a) To provide strong economic inducement forpolluters to modify their production or managementprocesses or to invest in pollution control technologyin order to reduce the amount of water pollutantsgenerated;

b) To cover the cost of administering water qualitymanagement or improvement programs;

c) Reflect damages caused by water pollution on thesurrounding environment, including the cost ofrehabilitation;

d) Type of pollutant;e) Classification of the receiving water body; andf) Other special attributes of the water body.

The fee shall be based on the net waste load depending onthe wastewater, charge formula which shall be establishedwith due public consultation within six (6) months from theeffectivity of this Act: Provided, That net waste load shallrefer to the difference of the initial waste load of the abstractedwater and the waste load of the final effluent discharge of an

industry: Provided, further, That no net waste load shall belower than the initial waste load: Provided, finally, Thatwastewater charge system shall not apply to wastewater fromgeothermal exploration.

Industries whose water effluent are within standardspromulgated pursuant to this Act, shall only be charged withminimal reasonable amount which shall be determined by theDepartment after due public consultation, giving account tovolumetric rate of discharge and effluent concentration.

SECTION 14. Discharge Pemits. - The Department shallrequire owners or operators of facilities that dischargeregulated effluents pursuant to this Act to secure a permit todischarge. The discharge permit shall be the legalauthorization granted by the Department to dischargewastewater: Provided, That the discharge permit shall specifyamong others, the quantity and quality of effluent that saidfacilities are allowed to discharge into a particular water body,compliance schedule and monitoring requirement.

As part of the permitting procedure, the Department shallencourage the adoption of waste minimization and wastetreatment technologies when such technologies are deemedcost effective. The Department shall also develop proceduresto relate the current water quality guideline or the projectedwater quality guideline of the receiving water body/ies withtotal pollution loadings from various sources, so that effluentquotas can be properly allocated in the discharge permits. Forindustries without any discharge permit, they may be given aperiod of twelve {12) months after the effectivity of theimplementing rules and regulations promulgated pursuant tothis Act, to secure a discharge permit.

Effluent trading may be allowed per management area.ARTICLE 3

FINANCIAL LIABILITY MECHANISMSECTION 15. Financial Liability for Environmental

Rehabilitation. - The Department shall require program andproject proponents to put up environmental guarantee fund{EGF) as part of the environmental management plan attachedto the environmental compliance certificate pursuant to

Presidential Decree No.1586 and its implementing rules andregulations. The EGF shall finance the maintenance of thehealth of the ecosystems and specially the conservation ofwatersheds and aquifers affected by the development, and theneeds of emergency response, clean-up or rehabilitation ofareas that may be damaged during the program's or project'sactual implementation. Liability for damages shall continueeven after the termination of a program or project and, untilthe lapse of a given period indicated in the environmentalcompliance certificate, as determined by the Department. TheEGF may be in the form of a trust fund, environmentalinsurance, surety bonds, letters of credit, self-insurance andany other instruments which may be identified by theDepartment. The choice of the guarantee instrument orcombinations thereof shall depend, among others, on theassessment of the risks involved and financial test mechanismsdevised by the Department. Proponents required to put upguarantee instruments shall furnish the Department withevidence of availment of such instruments from accreditedfinancial instrument providers.

SECTION 16. Clean-Up Operations. - Notwithstandingthe provisions of Sections 15 and 26 hereof, any person whocauses pollution in or pollutes water bodies in excess of theapplicable and prevailing standards shall be responsible tocontain, remove and clean-up any pollution incident at hisown expense to the extent that the same water bodies havebeen rendered unfit for utilization and beneficial use:Provided, That in the event emergency clean-up operations arenecessary and the polluter fails to immediately undertake thesame, the Department, in coordination with other governmentagencies concerned, shall conduct containment, removal andclean-up operations. Expenses incurred in said operations shallbe reimbursed by the persons found to have caused suchpollution upon proper administrative determination inaccordance with this Act. Reimbursements of the cost incurredshall be made to the Water Quality Management Fund or tosuch other funds where said disbursements were sourced.

SECTION 17. Programmatic Environmental ImpactAssessment. - The Department shall implement programmaticcompliance with the environmental impact assessment system,as in the following types of development:

a) development consisting of a series of similarprojects, or a project subdivided into several phasesand/or stages whether situated in a contiguous area orgeographically dispersed; and

b) development consisting of several components ora cluster of projects co-located in an area such as anindustrial estate, an export processing zone, or adevelopment zone identified in a local land use plan.

Programmatic compliance with the environmental impactassessment system shall be guided by carrying capacityassessments determined from ecological profiles. Ecologicalprofiles shall Identify environmental constraints andopportunities in programmatic areas. Programmaticassessment shall also take into account cumulative impactsand risks.

Consistent with the provisions of the Local GovernmentCode, the Department may enter into agreement with LGUs toincorporate programmatic environmental impact assessmentinto the preparation, updating or revision of local land useplans and area development plans.

SECTION 18. Environmental Impact Assessment SystemProgrammatic Compliance with Water Quality Standards. -The. Department may allow each regional industrial centerestablished pursuant to Republic Act No.7916 (PEZA law) toallocate effluent quotas to pollution sources within itsjurisdiction that qualify under an environmental impactassessment system programmatic compliance program inaccordance with Presidential Decree No. 15867 and itsimplementing rules and regulations.

CHAPTER 3INSTITUTIONAL MECHANISM

SECTION 19. Lead Agency. - The Department shall bethe primary government agency responsible for theimplementation and enforcement of this Act unless otherwise

provided herein. As such, it shall have the following functions,powers and responsibilities:

a) Prepare a National Water Quality Status Reportwithin twenty-four (24) months from the effectivity ofthis Act: Provided, That the Department shallthereafter review or revise and publish annually, or asthe need arises, said report;

b) Prepare an Integrated Water QualityManagement Framework within twelve (12) monthsfollowing the completion of the status report;

c) Prepare a ten (10) year Water QualityManagement Area Action Plan within twelve (12)months following the completion of the framework foreach designated water management area. Such actionplan shall be reviewed by the water qualitymanagement area governing board every five (5) yearsor as need arises;

d) Prepare and publish a national a nationalgroundwater vulnerability map incorporating theprevailing standards and methodologies, within twentyfour (24) months after the effectivity of this Act;

e) Enforce, review and revise within twelve (12)months from the effectivity of this Act water qualityguidelines after due consultation with the concernedstakeholder sectors: Provided, That the Department, incoordination with appropriate agencies shall reviewsaid guidelines every five (5) years or as need arises;

f) Review and set effluent standards every five (5)years from the effectivity of this Act or sooner asdetermined by the Department: Provided, That in theinterim, the provisions of DENR Administrative OrderNo. 35 of the Department shallapply: Provided, further, That when new and morestringent standards are set in accordance with thissection, the Department may establish a grace periodwith a maximum of five (5) years: Provided, finally,That such grace period shall be limited to themoratorium on the issuance of cease and desist and/or

closure order against the industry's operations exceptin the event such operation poses serious and gravethreat to the environment, or the industry fails toinstitute retooling, upgrading or establishing anenvironmental management system (EMS).

g) Establish within twelve (12) months from theeffectivity of this Act, internationally-acceptedprocedures for sampling and analysis of pollutants andin coordination with other concerned agencies,formulate testing procedures and establish anaccreditation system for laboratories;

h) Within eighteen (18) months from the effectivityof this Act and every two (2) years thereafter,categorize point and non-point sources of waterpollution;

i) Classify groundwater sources within twelve (12)months from the effectivity of this Act;

j) Classify or reclassify all water bodies accordingto their beneficial usages: Provided, that in the interim,the provisions of DENR Administrative Order No.34shall apply: Provided, further, that such classificationor reclassification shall take into consideration theoperation of businesses or facilities that are existingprior to the effectivity of the Act: Provided,furthermore, that the Department may authorize theuse of the water for other purposes that are morerestrictive in classification: Provided, finally, Thatdischarges resulting from such use shall meet theeffluent standards set by the Department;

k) Exercise jurisdiction over all aspects of waterpollution, determine its location, magnitude, extent,severity, causes, effects and other pertinentinformation on pollution, and to take measures, usingavailable methods and technologies to prevent andabate such pollution;

l) Exercise supervision and control over all aspectsof water quality management;

m) Establish a cooperative effort in partnership withthe government, LGUs, academic institutions, civilsociety and the private sector to attain the objectives ofthis Act;

n) Disseminate information and conduct educationalawareness and value formation programs andcampaigns on the effects of water pollution on healthand environment, water quality management, andresource conservation and recovery to encourage anenvironmentally action-oriented society incoordination with government agencies identified inSection 22 (f);

o) Promote. and encourage private and businesssectors especially manufacturing and processing plantsthe use of water quality management systemsequipment, including but not limited to, industrialwastewater treatment collection and treatmentfacilities;

p) Report, on an annual basis, to Congress the,quality status of water bodies and other pertinentinformation and recommend possible legislation,policies and programs for environmental managementand water pollution control;

q) Issue rules and regulations for the effectiveimplementation of the provisions of this Act;

r) Issue orders against any person or entity andimpose fines, penalties and other administrativesanctions to compel compliance with water quality theprovisions of this Act;

s) Undertake appropriate protocol with otherconcerned agencies for immediate coordinatedresponses to water related emergency incidents;

t) Issue permits, clearances and similar instrumentspursuant to this Act; and

u) Exercise such powers and perform such otherfunctions as may be necessary to carry out theobjectives of this Act

The Department shall gradually devolve to the LGUs, andto the governing boards the authority to administer someaspects of water quality management and regulation,including, but not to be limited to, permit issuance, monitoringand imposition of administrative penalties, when, upon theDepartment's determination, the LGU or the governing boardhas demonstrated readiness and technical capability toundertake such functions.

SECTION 20. Role of Local Government Units. - Localgovernment units shall share the responsibility in themanagement and improvement of water quality within theirterritorial jurisdictions.

Each local government unit shall within six (6) monthsafter the establishment of the water quality management areaaction plan prepare a compliance scheme in, accordancethereof, subject to review and approval of the governingboard.

Each local government unit shall, through its Environmentand Natural Resources Office (ENRO) established in RepublicAct No.7160, have the following powers and functions:

a) Monitoring of water quality;b) Emergency response;c) Compliance with the framework of the Water

Quality Management Action Plan;d) To take active participation in all efforts

concerning water quality protection and rehabilitation;and

e) To coordinate with other government agenciesand civil society and the concerned sectors in theimplementation of measures to prevent and controlwater pollution: Provided, however, That inprovinces/cities/municipalities where there are noenvironment and natural resources officers, the localexecutive concerned may, with the approval of theSecretary of the DENR designate any of his officialand/or chief of office preferably the provincial, city ormunicipal agriculturist, or any of his employee:Provided, finally, That in case an employee is

designated as such, he must have sufficient experiencein environmental and natural resources management,conservation and utilization.

SECTION 21. Business and Industry Role inEnvironmental Management. - The Department and theLGUs, in coordination with the appropriate governmentagencies. and in consultation with the business and industrialsectors including commerce, shall formulate appropriateincentives for the adoption procedures that will preserve andprotect our water bodies through the introduction ofinnovative equipment and processes that reduce if totallyeliminate discharge of pollutants into our water bodies.

SECTION 22. Linkage Mechanism. - The Departmentand its concerned attached agencies including LLDA shallcoordinate and enter into agreement with other governmentagencies, industrial sector and other concerned sectors in thefurtherance of the objectives of this Act- The followingagencies shall perform tile functions specified hereunder:

a) Philippine Coast Guard in coordination with DAand the Department shall enforce for the enforcementof water quality standards in marine waters, setpursuant to this Act, specifically from offshoresources;

b) DPWH through its attached agencies, such as theMWSS, LWUA, and including other urban waterutilities for the provision or sewerage and sanitationfacilities and the efficient and safe collection,treatment and disposal of sewage within their area ofjurisdiction;

c) DA, shall coordinate with the Department, in theformulation of guidelines for the re-use of wastewaterfor irrigation and other agricultural uses and for theprevention, control and abatement of pollution fromagricultural and aquaculture activities: Provided, Thatdischarges coming from non-point sources becategorized and further defined pursuant to thisAct: Provided, further, That the Bureau of Fisheriesand Aquatic Resources (BFAR) of the DA shall be

primarily responsible for the prevention and control ofwater pollution for the development, management andconservation of the fisheries and aquatic resources;

d) DOH shall be primarily responsible for thepromulgation, revision and enforcement of drinkingwater quality standards;

e) DOST, in coordination with the Department andother concerned agencies, shall prepare a program forthe evaluation, verification, development and publicdissemination of pollution prevention and cleanerproduction technologies; and

f) Department of Education (DepEd), CommissionHigher Education (CHED), Department of the Interiorand Local Government (DILG) and PhilippineInformation Agency (PIA) shall assist and coordinatewith the Department in, the preparation andimplementation of a comprehensive program pursuantto the objectives of this Act.

SECTION 23. Requirement of Record-keeping, Authorityfor Entry to Premises and Access to Documents. - TheDepartment or its duly authorized representative shall, afterproper consultation and notice, require any person who ownsor operates any pollution source or who is subject to. anyrequirement of this Act to submit reports and other writteninformation as may be required by the department.

Any record, report or information obtained under thissection shall be made available to the public, except upon asatisfactory showing to the Department by the, entityconcerned that the record, report, or information or partsthereof, if made public, would divulge secret methods orprocesses entitled to protection as intellectual property. Suchrecord, report or information shall likewise be incorporated inthe Department's industrial rating system. Pursuant to this Act,the Department, through it's authorized representatives, shallhave the right to: (a) enter any premises or to have access todocuments and relevant materials as referred to in the hereinpreceding paragraph; (b) inspect any pollution or waste

source, control device, monitoring equipment or methodrequired; and (c) test any discharge.

In cases of fish kill incidence, the Bureau of Fisheries ofthe DA, in the course of its investigation, may enter thepremises of an establishment reported to have caused saidincident.

SECTION 24. Pollution Research and DevelopmentPrograms. - The Department, in coordination with theDepartment of Science and Technology (DOST), otherconcerned agencies and academic research institutions, shallestablish a national research and development program for theprevention and control of water pollution. As part of saidprogram, the DOST shall conduct and promote thecoordination and acceleration of research, investigation,experiments, training, survey and studies relating to thecauses, extent, prevention and control of pollution amongconcerned government agencies and research institutions.

CHAPTER 4INCENTIVES AND REWARDS

SECTION 25. Rewards. - Rewards, monetary orotherwise, shall be provided to individuals, privateorganization and entities, including civil society, that haveundertaken outstanding and innovative projects, technologies,processes and techniques or activities in water qualitymanagement. Said rewards shall be sourced from the WaterQuality Management Fund herein created.

SECTION 26. Incentives Scheme. - An incentive schemeis hereby provided for the purpose of encouraging LGUs,water districts (WDs), enterprises, or private entities, andindividuals, to develop or undertake an effective water qualitymanagement, or actively participate in any program gearedtowards the promotion thereof as provided in this Act.

A. Non-fiscal incentive1. Inclusion in the Investments Priority Plan (IPP).

- Subject to the rules and regulations of the Board ofInvestments (BOI), industrial wastewater treatmentand/or adoption of water pollution control technology,cleaner production and waste minimization technology

shall be classified as preferred areas of investmentunder its annual priority plan and shall enjoy theapplicable fiscal and non-fiscal incentives as may beprovided for under the Omnibus Investment Code, asamended.

Fiscal Incentives1. Tax and Duty Exemption on Imported Capital

Equipment. - Within ten 10) years upon the effectivityof this Act, LGUs, WDs, enterprises or private entitiesshall enjoy tax-and-duty-free importation ofmachinery, equipment and spare parts used forindustrial wastewater treatment/collection andtreatment facilities: Provided, That the importation ofsuch machinery, equipment and spare parts shallcomply with the following conditions:

a) They are not manufactured domesticallyin sufficient quantity, of comparable qualityand at reasonable prices;

b) They are reasonably needed and will beused actually, directly and exclusively for theabove mentioned activities; and

c) Written endorsement by the Departmentthat the importation of such machinery,equipment and spare parts would be beneficialto environmental protection andmanagement: Provided, further, That the sale,transfer or disposition of such machinery,equipment and spare parts without priorapproval of the BOI within five (5) years fromthe date of acquisition shall be prohibited,otherwise the LGU concerned, WD, enterpriseor private entity and the concerned vendee,transferee or assignee shall be solidarity liableto pay twice the amount of tax and dutyexemption given it.

2. Tax Credit on Domestic Capital Equipment. -Within ten (10) years from the effectivity of this Act, atax credit equivalent to one hundred percent (100%) of

the value of the national internal revenue taxes andcustoms duties that would have been waived on themachinery, equipment, and spare parts, had these itemsbeen imported shall be given to enterprises or privateentities and individuals, subject to the same conditionsand prohibition cited in the preceding paragraph.

3. Tax and Duty Exemption of Donations, Legaciesand Gifts. - All legacies, gifts and donations to LGUs,WDs, enterprises, or private entities and individuals,for the support and maintenance of the program foreffective water quality management shall be exemptfrom donor's tax and shall be deductible from the grossincome of the donor for income tax purposes.

Imported articles donated to, or for the account ofany LGUs, WDs, local water utilities, enterprises, orprivate entities and individuals to be exclusively usedfor water quality management programs shall beexempted from the payment of customs duties andapplicable internal revenue taxes.

Industrial wastewater treatment and/or installationof water pollution control devices shall be classified aspioneer and preferred areas of investment under theBOI's annual priority plan and shall enjoy- theapplicable fiscal and non-fiscal incentives as may beprovided for under the Omnibus Investment Code, asamended.

B. Financial Assistance ProgramGovernment financial institutions such as the

Development Bank of the Philippines, Land Bank ofthe Philippines, Government Service InsuranceSystem, and such other government institutionsproviding financial services shall, in accordance withand to the extent allowed by the enabling provisions oftheir respective charters or applicable laws, accordhigh priority to extend financial services to LGUs,WDs, enterprises, or private entities engaged in sewagecollection and treatment facilities.

C. Extension or Grants to LGUs

Cities and municipalities which shall establish or operatesewerage facilities may be entitled to receive grants for thepurpose of developing technical capabilities.

CHAPTER 5CIVIL LIABILITY/PENAL PROVISIONS

SECTION 27. Prohibited Acts. - The following acts arehereby prohibited:

a) Discharging, depositing or causing to bedeposited material of any kind directly or indirectlyinto the water bodies or along the margins of anysurface water, where, the same shall be liable to bewashed into such surface water, either by tide action orby storm, floods or otherwise, which could cause waterpollution or impede natural flow in the water body;

b) Discharging, injecting or allowing to seep intothe soil or sub-soil any substance in any form thatwould pollute groundwater. In the case of geothermalprojects, and subject to the approval of theDepartment, regulated discharge for short- termactivities (e.g. well testing, flushing, commissioning,venting) and deep re-injection of geothermal liquidsmay be allowed: Provided, That safety measures areadopted to prevent the contamination of thegroundwater;

c) Operating facilities that discharge regulated waterpollutants without the valid required permits or afterthe permit was revoked for any violation of anycondition therein;

d) Disposal of potentially infectious medical wasteinto sea water by vessels unless the health or safety ofindividuals on board the vessel is threatened by a greatand imminent peril;

e) Unauthorized transport or dumping into seawaters of sewage sludge or solid waste as definedunder Republic Act No.9003;

f) Transport, dumping or discharge of prohibitedchemicals, substances or pollutants listed underRepublic Act No.6969;

g) Operate facilities that discharge or allow to seep,willfully or through gross negligence, prohibitedchemicals, substances or pollutants listed under R. A.No. 6969 into water bodies or wherein the same shallbe liable to be washed into such surface, ground,coastal, and marine water;

h) Undertaking activities or development andexpansion of projects, or operatingwastewater/sewerage facilities in violation ofPresidential Decree. No.1586 and its implementingrules, and regulations;

i) Discharging regulated water pollutants withoutthe valid required discharge permit pursuant to this Actor after the permit was revoked for any violation ofcondition therein;

j) Non-compliance of the LGU with the WaterQuality Framework and Management Area ActionPlan. In such a case, sanctions shall be imposed on thelocal government officials concerned;

k) Refusal to allow entry, inspection and monitoringby the Department in accordance with this Act;

l) Refusal to allow access by the Department torelevant reports and records in accordance with thisAct;

m) Refusal or failure to submit reports wheneverrequired by the Department in accordance with thisAct;

n) Refusal or failure to designate pollution controlofficers whenever required by, the Department inaccordance with this Act; and

o) Directly using booster pumps in the distributionsystem or tampering with the water supply in such away as to alter or impair the water quality.

SECTION 28. Fines, Damages and Penalties. - Unlessotherwise provided herein, any person who commits any ofthe prohibited acts provided in the immediately precedingsection or violates any of the provision of this Act or itsimplementing rules and regulations, shall be fined by the

Secretary, upon the recommendation of the PAB in theamount of not less than Ten thousand pesos (P10,000.00) normore than Two hundred thousand pesos (P200,000.00) forevery day of violation. The fines herein prescribed shall beincreased by ten percent (10%) every two (2) years tocompensate for inflation and to maintain the deterrent functionof such fines: Provided, That the Secretary, uponrecommendation of the PAB may order the closure,suspension of development or construction, or cessation ofoperations or, where appropriate disconnection of watersupply, until such time that proper environmental safeguardsare put in place and/or compliance with this Act or its rulesand regulations are undertaken. This paragraph shall bewithout prejudice to the issuance of an ex parte order for suchclosure, suspension of development or construction, orcessation of operations during the pendency of the case.

Failure to undertake clean-up operations, willfully, orthrough gross negligence, shall be punished by imprisonmentof not less than two (2) years and not more than four (4) yearsand a fine not less than Fifty thousand pesos (P50,000.00) andnot more than One hundred thousand pesos (P100,000.00) perday for each day of violation. Such failure or refusal whichresults in serious injury or loss of life and/or irreversible watercontamination of surface, ground, coastal and marine watershall be punished with imprisonment of not less than six (6)years and one day and not more than twelve (12) years, and afine of Five Hundred Thousand Pesos (P500,000.00) per dayfor each day during which the omission and/or contaminationcontinues.

In case of gross violation of this Act, the PAB shall issue aresolution recommending that the proper government agenciesfile criminal charges against the violators. Gross violationshall mean any of the following:

a) deliberate discharge of toxic pollutants identifiedpursuant to Republic Act No.6969 in toxic amounts;

b) five {5) or more violations within a period of two(2) years; or

c) blatant disregard of the orders of the PAB, suchas the non-payment of fines, breaking of seals oroperating despite the existence of an order for closure,discontinuance or cessation of operation.

In which case, offenders shall be punished with a fine ofnot less than Five hundred thousand pesos (P500,000.00) butnot more than Three million pesos (P3,000,000.00} per dayfor each day of violation or imprisonment of not less than six{6) years but not more than ten {10) years, or both, at thediscretion of the court. If the offender is a juridical person, thepresident, manager and the pollution control officer or theofficial in charge of the operation shall suffer the penaltyherein provided.

For violations falling under Section 4 of PresidentialDecree No.979 or any regulations prescribed in pursuancethereof, such person shall be liable for a fine of no1 less thanFifty thousand pesos {P50,000.00) nor more than One millionpesos (P1,000,000.00) or by imprisonment of not less than one{1) year nor more than six (6) years or both, for each offense,without prejudice to the civil liability of the offender inaccordance with existing laws. If the offender is a juridicalentity, then its officers, directors, agents or any personprimarily responsible shall be held liable: Provided, That anyvessel from which oil or other harmful substances aredischarged in violation of Section 4 of Presidential DecreeNo.979 shall be liable for penalty of fine specified in theimmediately preceding paragraph and clearance of such vesselfrom the port of the Philippines may be withheld until the fineis paid and such penalty shall constitute a lien on such vesselwhich may be recovered in proceedings by libel in rem in theproper court which the vessel may be. The owner or operatorof a vessel or facility which discharged the oil or otherharmful substances will be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving actsor omissions --- committed within the Laguna Lake Regionshall be dealt with in accordance with the procedure under R.A. No.4850 as amended.

SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management AreaAction Plan. - Local government officials concerned shall besubject to Administrative sanctions in case of failure tocomply with their action plan accordance with the relevantprovisions of R.A. No. 7160.

CHAPTER 6ACTIONS

SECTION 30. Administrative Action. - Without prejudiceto the right of any affected person to file an administrativeaction, the Department shall, on its own instance or uponverified complaint by any person, institute administrativeproceedings in the proper forum against any person whoviolates:

a) Standards or limitations provided by this Act; orb) By any such order, rule or regulation issued by

the Department with respect to such standard orlimitation.

CHAPTER 7FINAL PROVISIONS

SECTION 31. Appropriations.- An amount of Onehundred million pesos (P100,000,000.00) shall beappropriated from the savings of the National Government tothe Department for the initial implementation of this Act.Thereafter, the amount necessary to effectively carry out theprovision of this Act shall be included in the GeneralAppropriations Act of the year following its enactment intolaw and thereafter.

SECTION 32. Implementing Rules and Regulations. -The Department, in coordination with the Committees onEnvironment and Ecology of the Senate and the House ofRepresentatives, respectively and other concerned agenciesshall promulgate the implementing rules and regulations forthis Act, within one (1) year after the enactment of this Act:Provided. That rules and regulations issued by othergovernment agencies and instrumentalities for the preventionand/or abatement of water pollution not inconsistent with this

Act shall supplement the rules and regulations issued by theDepartment, pursuant to the provisions of this Act.

The draft of the implementing rules and regulations shall bepublished and be the subject of public consultations withaffected sectors.

There shall be a mandatory review of the implementingrules and regulations and standards set pursuant to theprovisions of this Act.

SECTION 33. Joint Congressional Oversight Committee.- There is hereby created a Joint Congressional OversightCommittee to monitor the implementation of this Act and toreview the implementing rules and regulations promulgated bythe Department. The Committee shall be composed of five (5)Senators and five; (5) Representatives to be appointed by theSenate President and the Speaker of the House ofRepresentatives, respectively. The Oversight Committee shallbe co-chaired by the Chairpersons of the Committee onEnvironment of the Senate and the Committee on Ecology ofthe House of Representatives.

SECTION 34. Repealing Clause. - Presidential DecreeNo.984 is hereby repealed. Republic Act Nos. 6969 and 4850as amended, Presidential Decree Nos. 1586, 1152, 979 and856 are hereby amended and modified accordingly. All otherlaws, orders, issuance, rules and regulations inconsistentherewith are hereby repealed or modified accordingly.

SECTION 35. Separability Clause. - If any provision ofthis Act or the application such provision to any person orcircumstances is declared unconstitutional, the remainder ofthe Act or the application of such provision to other person orcircumstances shall not be affected by such declaration.

SECTION 36. Effectivity. - This Act shall take effectfifteen (15) days from the date of its publication in the OfficialGazette or in at least two (2) newspapers of generalcirculation.

Approved: March 22, 2004

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Annex “2”

Republic Act No. 8749

AN ACT PROVIDING FOR A COMPREHENSIVEAIR POLLUTION CONTROL POLICY AND FOROTHER PURPOSES

Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled.

Chapter 1General Provisions

Article OneBasic Air Quality Policies

Section 1. Short Title. - This Act shall be known asthe "Philippine Clean Air Act of 1999."

Section 2. Declaration of Principles. - The State shallprotect and advance the right of the people to a balanced andhealthful ecology in accord with the rhythm and harmony ofnature.

The State shall promote and protect the global environmentto attain sustainable development while recognizing theprimary responsibility of local government units to deal withenvironmental problems.

The State recognizes that the responsibility of cleaning thehabitat and environment is primarily area-based.

The State also recognizes the principle that "polluters mustpay".

Finally, the State recognizes that a clean and healthyenvironment is for the good of all and should, therefore, be theconcern of all.

Section 3. Declaration of Policies. - The State shall pursuea policy of balancing development and environmentalprotection. To achieve this end, the frame work for sustainable

development shall be pursued. It shall be the policy of theState to:

(a) Formulate a holistic national program of airpollution management that shall be implemented bythe government through proper delegation andeffective coordination of functions and activities;

(b) Encourage cooperation and self-regulationamong citizens and industries through the applicationof market-based instruments;

(c) Focus primarily on pollution prevention ratherthan on control and provide for a comprehensivemanagement program for air pollution;

(d) Promote public information and education andto encourage the participation of an informed andactive public in air quality planning and monitoring;and

(e) Formulate and enforce a system ofaccountability for short and long-term adverseenvironmental impact of a project, program or activity.This shall include the setting up of a funding orguarantee mechanism for clean-up and environmentalrehabilitation and compensation for personal damages.

Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are herebysought to be recognized and the State shall seek to guaranteetheir enjoyment:

(a) The right to breathe clean air;(b) The right to utilize and enjoy all natural

resources according to the principles of sustainabledevelopment;

(c) The right to participate in the formulation,planning, implementation and monitoring ofenvironmental policies and programs and in thedecision-making process;

(d) The right to participate in the decision-makingprocess concerning development policies, plans andprograms projects or activities that may have adverseimpact on the environment and public health;

(e) The right to be informed of the nature and extentof the potential hazard of any activity, undertaking orproject and to be served timely notice of anysignificant rise in the level of pollution and theaccidental or deliberate release into the atmosphere ofharmful or hazardous substances;

(f) The right of access to public records which acitizen may need to exercise his or her rightseffectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation ofenvironmental laws and regulations, to compel therehabilitation and cleanup of affected area, and to seekthe imposition of penal sanctions against violators ofenvironmental laws; and

(h) The right to bring action in court forcompensation of personal damages resulting from theadverse environmental and public health impact of aproject or activity.

Article TwoDefinition 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 ornormal concentrations, that is detrimental to health orthe environment, which includes but not limited tosmoke, dust, soot, cinders, fly ash, solid particles ofany kind, gases, fumes, chemical mists, steam andradio-active substances;

b) "Air pollution" means any alteration of thephysical, chemical and biological properties of theatmospheric air, or any discharge thereto of any liquid,gaseous or solid substances that will or is likely tocreate or to render the air resources of the countryharmful, 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" mean theconcentration of air over specified periods classified asshort-term and long-term which are intended to serveas goals or objectives for the protection of healthand/or public welfare. These values shall be used forair quality management purposes such as determiningtime trends, evaluating stages of deterioration orenhancement of the air quality, and in general, used asbasis for taking positive action in preventing,controlling, or abating air pollution;

d) "Ambient air quality" means the general amountof pollution present in a broad area; and refers to theatmosphere's average purity as distinguished fromdischarge measurements taken at the source ofpollution;

e) "Certificate of Conformity" means a certificateissued by the Department of Environment and NaturalResources to a vehicle manufacturer/assembler orimporter certifying that a particular new vehicle orvehicle type meets the requirements provided underthis Act and its rules and regulations;

f) "Department" means the Department ofEnvironment and Natural Resources;

g) "Eco-profile" means the geographic-basedinstrument for planners and decision-makers whichpresent an evaluation of the environmental quality andcarrying capacity of an area. It is the result of theintegration of primary and secondary data andinformation on natural resources and anthropogenicactivities on the land which are evaluated by variousenvironmental risk assessment and forecastingmethodologies that enable the Department to anticipatethe type of development control necessary in theplanning area;

h) "Emission" means any air contaminant, pollutant,gas stream or unwanted sound from a known sourcewhich is passed into the atmosphere;

i) "Greenhouse gases" mean those gases that canpotentially or can reasonably be expected to induceglobal warming, which include carbon dioxide,methane, oxides of nitrogen, chlorofluorocarbons, andthe like;

j) "Hazardous substances" mean those substanceswhich present either: (1) short-term acute hazards suchas acute toxicity by ingestion, inhalation, or skinabsorption, corrosivity or other skin or eye contacthazard or the risk of fire explosion; or (2) longtermtoxicity upon repeated exposure, carcinogenicity(which in some cases result in acute exposure but witha long latent period), resistance to detoxificationprocess such as biodegradation, the potential to polluteunderground or surface waters;

k) "Infectious waste" means that portion of medicalwaste that could transmit an infectious disease;

l) "Medical waste" means the materials generated asa result of patient diagnosis, treatment, orimmunization of human beings or animals;

m) "Mobile source" means any vehicle propelled byor through combustion of carbon-based or other fuel,constructed and operated principally for theconveyance of persons or the transportation of propertygoods;

n) "Motor vehicle" means any vehicle propelled bya gasoline or diesel engine or by any means other thanhuman or animal power, constructed and operatedprincipally for the conveyance of persons or thetransportation of property or goods in a public highwayor street open to public use;

o) "Municipal waste" means the waste materialsgenerated from communities within a specific locality;

p) "New vehicle" means a vehicle constructedentirely from new parts that has never been sold or

registered with the DOTC or with the appropriateagency or authority, and operated on the highways ofthe Philippines, any foreign state or country;

q) "Octane Rating or the Anti-Knock Index(AKI)"means the rating of the anti-knock characteristics of agrade or type of automotive gasoline as determined bydividing by two (2) the sum of the Research OctaneNumber (RON), plus the Motor Octane Number(MON); the octane requirement, with respect toautomotive gasoline for use in a motor vehicle or aclass thereof, whether imported, manufactured, orassembled by a manufacturer, shall refer to theminimum octane rating of such automotive gasolinewhich such manufacturer recommends for the efficientoperation of such motor vehicle, or a substantialportion of such class, without knocking;

r) "Ozone Depleting Substances (ODS)" meansthose substances that significantly deplete or otherwisemodify the ozone layer in a manner that is likely toresult in adverse effects of human health and theenvironment such as, but not limited to,chloroflourocarbons, halons and the like;

s) "Persistent Organic Pollutants (POPs)" meansthe organic compounds that persist in the environment,bioaccumulate through the food web, and pose a riskof causing adverse effects to human health and theenvironment. These compounds resist photolytic,chemical and biological degradation, which shallinclude but not be limited to dioxin, furan,Polychlorinated Biphenyls (PCBs), organochlorinepesticides, such as aldrin, dieldrin, DDT,hexachlorobenzene, lindane, toxaphere and chlordane;

t) "Poisonous and toxic fumes" means anyemissions and fumes which are beyond internationally- accepted standards, including but not limited to theWorld Health Organization (WHO) guideline values;

u) "Pollution control device" means any device orapparatus used to prevent, control or abate the

pollution of air caused by emissions from identifiedpollution sources at levels within the air pollutioncontrol standards established by the Department;

v) "Pollution control technology" means thepollution control devices, production process, fuelcombustion processes or other means that effectivelyprevent or reduce emissions or effluent;

w) "Standard of performance" means a standard foremissions of air pollutant which reflects the degree ofemission limitation achievable through the applicationof the best system of emission reduction, taking intoaccount the cost of achieving such reduction and anynon-air quality health and environmental impact andenergy requirement which the Department determines,and adequately demonstrates; and

x) "Stationary source" means any building orimmobile structure, facility or installation which emitsor may emit any air pollutant.

Chapter 2Air Quality Management System

Article OneGeneral Provisions

Section 6. Air Quality Monitoring and InformationNetwork. - The Department shall prepare an annual NationalAir Quality Status Report which shall be used as the basis informulating the Integrated Air Quality ImprovementFramework, as provided for in Sec. 7. The said report shallinclude, but shall not be limited to the following:

a) Extent of pollution in the country, per type ofpollutant and per type of source, based on reports ofthe Department’s monitoring stations;

b) Analysis and evaluation of the current state,trends and projections of air pollution at the variouslevels provided herein;

c) Identification of critical areas, activities, orprojects which will need closer monitoring orregulation;

d) Recommendations for necessary executive andlegislative action; and

e) Other pertinent qualitative and quantitativeinformation concerning the extent of air pollution andthe air quality performance rating of industries in thecountry.

The Department, in cooperation with the NationalStatistical Coordination Board (NSCB), shall design anddevelop an information network for data storage, retrieval andexchange.

The Department shall serve as the central depository of alldata and information related to air quality.

Section 7. Integrated Air Quality ImprovementFramework. - The Department shall within six (6) monthsafter the effectivity of this Act, establish, with the participationof LGUs, NGOs, POs, the academe and other concernedentities from the private sector, formulate and implement theIntegrated Air Quality Improvement Framework for acomprehensive air pollution management and controlprogram. The framework shall, among others, prescribe theemission reduction goals using permissible standards, controlstrategies and control measures to undertaken within aspecified time period, including cost-effective use ofeconomic incentives, management strategies, collectiveactions, and environmental education and information.

The Integrated Air Quality Improvement Framework shallbe adopted as the official blueprint with which all governmentagencies must comply with to attain and maintain ambient airquality standards.

Section 8. Air Quality Control Action Plan. - Within six(6) months after the formulation of the framework, theDepartment shall, with public participation, formulate andimplement an air quality control action plan consistent withSec. 7 of this Act. The action plan shall:

a) Include enforceable emission limitations andother control measures, means or techniques, as well asschedules and time tables for compliance, as may be

necessary or appropriate to meet the applicablerequirements of this Act;

b) Provide for the establishment and operation ofappropriate devices, methods, systems and proceduresnecessary to monitor, compile and analyze data onambient air quality;

c) Include a program to provide for the following:(1) enforcement of the measures described insubparagraph [a]; (2) regulation of the modificationand construction of any stationary source within theareas covered by the plan, in accordance with land usepolicy to ensure that ambient air quality standards areachieved;

d) Contain adequate provisions, consistent with theprovisions of this Act, prohibiting any source or othertypes of emissions activity within the country fromemitting any air pollutant in amounts which willsignificantly contribute to the non-attainment or willinterfere with the maintenance by the Department ofany such ambient air quality standard required to beincluded in the implementation plan to preventsignificant deterioration of air quality or to protectvisibility;

e) Include control strategies and control measures tobe undertaken within a specified time period, includingcost effective use of economic incentives, managementstrategies, collection action and environmentaleducation and information;

f) Designate airsheds; andg) 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 theaffected government agencies, and on the alignment of theirprograms with the plans.

In addition to direct regulations, the plan shall becharacterized by a participatory approach to the pollutionproblem. The involvement of private entities in the monitoring

and testing of emissions from mobile and/or stationary sourcesshall be considered.

Likewise, the LGU’s, with the assistance from theDepartment, shall prepare and develop an action planconsistent with the Integrated Air Quality ImprovementFramework to attain and maintain the ambient air qualitystandards within their respective airsheds as provided in Sec. 9hereof.

The local government units shall develop and submit to theDepartment a procedure for carrying out the action plan fortheir jurisdiction. The Department, however, shall maintain itsauthority to independently inspect the enforcement procedureadopted. The Department shall have the power to closelysupervise all or parts of the air quality action plan until suchtime the local government unit concerned can assume thefunction to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad publicrepresentation shall be convened by the Department for eachLGU to conduct periodic inspections of air pollution sourcesto assess compliance with emission limitations contained intheir permits.

Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, thedesignation of airsheds shall be on the basis of, but not limitedto, areas with similar climate, meteorology and topologywhich affect the interchange and diffusion of pollutants in theatmosphere, or areas which share common interest or facesimilar development programs, prospects or problems.

For a more effective air quality management, a system ofplanning and coordination shall be established and a commonaction plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, aGoverning Board is hereby created, hereinafter referred to asthe Board.

The Board shall be headed by the Secretary of theDepartment of Environment and Natural Resources aschairman. The members shall be as follows:

a) Provincial Governors from areas belonging to theairshed;

b) City/Municipal Mayors from areas belonging tothe airshed;

c) A representative from each concernedgovernment agency;

d) Representatives from people’s organizations;e) Representatives from non-government

organizations; andf) 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;

andd) 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 thedesignation of airsheds utilizing eco-profiling techniques andundertaking scientific studies.

Emissions trading may be allowed among pollution sourceswithin an airshed.

Section 10. Management of Non-attainment Areas. - TheDepartment shall designate areas where specific pollutantshave already exceeded ambient standards as non-attainmentareas. The Department shall prepare and implement a programthat will prohibit new sources of exceeded air pollutantwithout a corresponding reduction in existing resources.

In coordination with other appropriate governmentagencies, the LGUs shall prepare and implement a programand other measures including relocation, whenever necessary,to protect the health and welfare of residents in the area.

For those designated as nonattainment areas, theDepartment, after consultation with local governmentauthorities, nongovernment organizations (NGOs), people’sorganizations (POs) and concerned sectors may revise thedesignation of such areas and expand its coverage to coverlarger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. -Simultaneous with the issuance of the guideline values andstandards, the Department, through the research anddevelopment program contained in this Act and uponconsultation with appropriate advisory committees,government agencies and LGUs, shall issue, and from time totime, revise information on air pollution control techniques.Such information shall include:

(a) Best available technology and alternativemethods of prevention, management and control of airpollution;

(b) Best available technology economicallyachievable which shall refer to the technologicalbasis/standards for emission limits applicable toexisting, direct industrial emitters of nonconventionaland toxic pollutants; and

(c) Alternative fuels, processes and operatingmethods which will result in the eliminator orsignificant reduction of emissions.

Such information may also include data relating to the costof installation and operation, energy requirements, emissionreduction benefits, and environmental impact or the emissioncontrol technology.

The issuance of air quality guideline values, standards andinformation on air quality control techniques shall be madeavailable to the general public: Provided, That the issuance ofinformation on air quality control techniques shall not beconstrued as requiring the purchase of certain pollution controldevices by the public.

Section 12. Ambient Air Quality Guideline Values andStandards. - The Department, in coordination with otherconcerned agencies, shall review and or revise and publishannually a list of hazardous air pollutants with correspondingambient guideline values and/or standard necessary to protecthealth and safety, and general welfare. The initial list andvalues of the hazardous air pollutants shall be as follows:

(a) For National Ambient Air Quality Guideline forCriteria Pollutants:

Short Term a Long Term b

Pollutants µg/Ncm ppm AveragingTime

µg/Ncm ppm AveragingTime

Suspended Particulate

Matterc -TSP

230d 24 hours 90 ---- 1 yeare

-PM-10

150f 24 hours 60 ---- 1 yeare

Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year

NitrogenDioxide

150 0.08 24 hours ---- ---- ----

PhotochemicalOxidants

140 0.07 1 hour ---- ---- ----

As Ozone 60 0.03 8 hours ---- ---- ----

CarbonMonoxide

35mg/Ncm

30 1 hour ---- ---- ----

10mg/Ncm

9 8 hours ---- ---- ----

Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 yeara Maximum limits represented by

ninety-eight percentile (98%) values notto be exceed more than once a year.

b Arithmetic meanc SO2 and Suspended Particulate

matter are sampled once every six dayswhen using the manual methods. Aminimum of twelve sampling days perquarter of forty-eight sampling dayseach year is required for these methods.Daily sampling may be done in thefuture once continuous analyzers areprocured and become available.

d Limits for Total SuspendedParticulate Matter with mass mediandiameter less than 25-50 um.

e Annual Geometric Meanf Provisional limits for Suspended

Particulate Matter with mass mediandiameter less than 10 microns andbelow until sufficient monitoring dataare gathered to base a proper guideline.

g Evaluation of this guideline iscarried out for 24-hour averaging timeand averaged over three movingcalendar months. The monitoredaverage value for any three monthsshall not exceed the guideline value.

(b) For National Ambient Air Quality Standards forSource Specific Air Pollutants from IndustrialSources/Operations:

Pollutants1 Concentration2 Averagingtime (min.)

Method ofAnalysis/Measurement3

µ/Ncm ppm

1.Ammonia

200 0.28 30 Nesselerization/Indo Phenol

2. CarbonDisulfide

30 0.01 30 Tischer Method

3. Chlorineand ChlorineCompoundsexpressed asCl2

100 0.03 5 Methyl Orange

4.Formaldehyde

50 0.04 30 Chromotropicacid Method orMBTH

ColorimetricMethod

5.HydrogenChloride

200100 0.13 30 VolhardTitration withIodine Solution

6.HydrogenSulfide

0.07 30 Methylene Blue

7. Lead 20 30 AASc

8. NitrogenDioxide

375,260 0.20,0.14 30,60 Greiss-Saltzman

9. Phenol 100 0.03 30 4-Aminoantiphyrine

10. SulfurDioxide

470,340

0.18,0.13

30,60 Colorimetric-Pararosaniline

11.SuspendedParticulateMatter-TSP

300 ---- 60 Gravimetric

1 Pertinent ambient standards forAntimony, Arsenic, Cadmium,Asbestos, Nitric Acid and Sulfuric AcidMists in the 1978 NPCC Rules andRegulations may be considered asguides in determining compliance.

2 Ninety-eight percentile (98%)values of 30-minute sampling measuredat 250C and one atmosphere pressure.

3 Other equivalent methods approvedby the Department may be used.

The basis in setting up the ambient air quality guidelinevalues and standards shall reflect, among others, the latestscientific knowledge including information on:

a) Variable, including atmospheric conditions,which of themselves or in combination with otherfactors may alter the effects on public health or welfareof such air pollutant;

b) The other types of air pollutants which mayinteract with such pollutant to produce an adverseeffect on public health or welfare; and

c) The kind and extent of all identifiable effects onpublic health or welfare which may be expected frompresence of such pollutant in the ambient air, invarying quantities.

The Department shall base such ambient air qualitystandards on World Health Organization (WHO) standards,but shall not be limited to nor be less stringent than suchstandards.

Section 13. Emission Charge System. - The Department,in case of industrial dischargers, and the Department ofTransportation and Communication (DOTC), in case of motorvehicle dischargers, shall, based on environmental techniques,design, impose on and collect regular emission fees from saiddischargers as part of the emission permitting system orvehicle registration renewal system, as the case may be. Thesystem shall encourage the industries and motor vehicles toabate, reduce, or prevent pollution. The basis of the feesinclude, but is not limited to, the volume and toxicity of anyemitted pollutant. Industries, which shall install pollutioncontrol devices or retrofit their existing facilities withmechanisms that reduce pollution shall be entitled to taxincentives such as but not limited total credits and/oraccelerated depreciation deductions.

Section 14. Air Quality Management Fund. - An AirQuality Management Fund to be administered by theDepartment as a special account in the National Treasury ishereby established to finance containment, removal, andclean-up operations of the Government in air pollution cases,

guarantee restoration of ecosystems and rehabilitate areasaffected by the acts of violators of this Act, to supportresearch, enforcement and monitoring activities andcapabilities of the relevant agencies, as well as to providetechnical assistance to the relevant agencies. Such fund maylikewise be allocated per airshed for the undertakings hereinstated.

The Fund shall be sourced from the fines imposed anddamages awarded to the Republic of the Philippines by thePollution Adjudication Board (PAB), proceeds of licenses andpermits issued by the Department under this Act, emissionfees and from donations, endowments and grants in the formsof contributions. Contributions to the Fund shall be exemptedfrom donor taxes and all other taxes, charges or fees imposedby the Government.

Section 15. Air Pollution Research and DevelopmentProgram. - The Department, in coordination with theDepartment of Science and Technology (DOST), otheragencies, the private sector, the academe, NGO’s and PO’s,shall establish a National Research and Development Programfor the prevention and control of air pollution. TheDepartment shall give special emphasis to research on and thedevelopment of improved methods having industry-wideapplication for the prevention and control of air pollution.

Such a research and development program shall develop airquality guideline values and standards in addition tointernationally-accepted standards. It shall also consider thesocio-cultural, political and economic implications of airquality management and pollution control.

Article TwoAir Pollution Clearances and Permits for Stationary

SourcesSection 16. Permits. - Consistent with the provisions of

this Act, the Department shall have the authority to issuepermits as it may determine necessary for the prevention andabatement of air pollution.

Said permits shall cover emission limitations for theregulated air pollutants to help attain and maintain the ambient

air quality standards. These permits shall serve as managementtools for the LGUs in the development of their action plan.

Section 17. Emission Quotas. - The Department may alloweach regional industrial center that is designated as specialairshed to allocate emission quotas to pollution sources withinits jurisdiction that qualify under an environmental impactassessment system programmatic compliance programpursuant to the implementing rules and regulations ofPresidential Decree No. 1586.

Section 18. Financial Liability for EnvironmentalRehabilitation. - As part of the environmental managementplan attached to the environmental compliance certificatepursuant to Presidential Decree No. 1586 and rules andregulations set therefor, the Department shall require programand project proponents to put up financial guaranteemechanisms to finance the needs for emergency response,clean-up rehabilitation of areas that may be damaged duringthe program or project’s actual implementation. Liability fordamages shall continue even after the termination of aprogram or project, where such damages are clearlyattributable to that program or project and for a definite periodto be determined by the Department and incorporated into theenvironmental compliance certificate.

Financial liability instruments may be in the form a trustfund, environmental insurance, surety bonds, letters of credit,as well as self-insurance. The choice of the guaranteeinstruments shall furnish the Department with evidence ofavailment of such instruments.

Article ThreePollution from Stationary Sources

Section 19. Pollution From Stationary Sources. - TheDepartment shall, within two (2) years from the effectivity ofthis Act, and every two (2) years thereafter, review, or as theneed therefore arises, revise and publish emission standards, tofurther improve the emission standards for stationary sourcesof air pollution. Such emission standards shall be based onmass rate of emission for all stationary source of air pollutionbased on internationally accepted standards, but not be limited

to, nor be less stringent than such standards and with thestandards set forth in this section. The standards, whichever isapplicable, shall be the limit on the acceptable level ofpollutants emitted from a stationary source for the protectionof the public’s 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 thefollowing limits:

Pollutants Standard Applicable toSource

MaximumPermissibleLimits(mg/Ncm)

Method ofAnalysisa

1. Antimonyand Its compounds

Any source 10 as Sb AASb

2. Arsenic andits compounds

Any source 10 as As AASb

3. Cadmiumand its compounds

Any source 10 as Cd AASb

4. CarbonMonoxide

Any industrial Source 500 asCO

Orsat analysis

5. Copper andits Compounds

Any industrial source 100 ax Cu AASb

6. HydrofluoricAcids andFluoridecompounds

Any source other thanthe manufacture ofAluminum from Alumina

50 as HF Titration withAmmoniumThiocyanate

7. HydrogenSulfide

i) Geothermal PowerPlantsii) GeothermalExploration and well-testing

c.de

7 as H2S

Cadmium SulfideMethod

Cadmium SulfideMethod

iii) Any source other than(i) and (ii)

8. Lead Any trade, industry orprocess

10 as Pb AASb

9. Mercury Any Source 5 aselemental Hg

AASb/Cold-VaporTechnique or HgAnalyzer

10. Nickel andits compounds,except NickelCarbonylf

Any source 20 as Ni AASb

11. NOx i) Manufacture ofNitric Acid

2,000 asacid andNOx andcalculated asNO2

Phenol-disulfonicacid Method

ii) Fuel burning steamgeneratorsExisting Source NewSource• Coal-Fired• Oil-Firediii) Any source other than(i) adn (ii)Existing SourceNew Source

1,500 asNO2

1,000 as NO2

500 as NO2

1000 as NO2

500 as NO2

Phenol-disulfonicacid Method

Phenol-disulfonicacid Method

12. PhosphorusPentoxideg

Any source 200 asP2O5

Spectrophotometry

13. Zinc and itsCompounds

Any source 100 as Zn AASb

a Other equivalent methods approved by theDepartment may be used.

b Atomic Absorption Spectrophometryc All new geothermal power plants starting

construction by 01 January 1995 shall controlHsS emissions to not more than 150g/GMW-Hr

d All existing geothermal power plants shallcontrol HsS emissions to not more than200g/GMW-Hr. within 5 years from the date ofefectivity of these revised regulations.

e Best practicable control technology for airemissions and liquid discharges. Compliancewith air and water quality standards is required.

f Emission limit of Nickel Carbonyl shall notexceed 0.5 mg/Ncm.

g Provisional GuidelineProvided, That the maximum limits in mg/ncm particulates

in said sources shall be:

1. Fuel BurningEquipment

a) Urban or IndustrialArea

150mg/Ncm

b) Other Area 200mg/Ncm

2. Cement Plants (Kilns,etc.)

150mg/Ncm

3. Smelting Furnaces 150mg/Ncm

4. Other StationarySourcesa

200mg/Ncm

a Other Stationary Sources means a trade,process, industrial plant, or fuel burningequipment other than thermal power plants,industrial boilers, cement plants, incineratorsand smelting furnaces.

Provided, Further, That the maximum limits for sulfuroxides in said sources shall be:

(1) Existing Sources

(i) Manufacture of SulfuricAcid and Sulf(on)ation Process

2.0gm.Ncm asSO3

(ii) Fuel burning Equipment 1.5gm.Ncm asSO2

(iii) Other Stationary Sourcesa 1.0gm.Ncm asSO3

(2) New Sources

(i) Manufacture of SulfuricAcid and Sulf(on)ation Process

1.5 gm.Ncm asSO3

(ii) Fuel Burning Equipment 0.7 gm.Ncm asSO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm asSO3

a Other Stationary Sources refer to existingand new stationary sources other than thosecaused by the manufacture of sulfuric acid andsulfonation process, fuel burning equipmentand incineration.

For stationary sources of pollution not specifically includedin the immediately preceding paragraph, the followingemission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average ValuesDaily

AverageValues

HalfHourlyAverageValues

Total dust 10mg/m3

30mg/m3

Gaseous and vaporous organicsubstances,expressed as total organic carbonHydrogen chloride (HCl)Hydrogen fluoride (HF)Sulfur dioxide (SO2)

10 mg/m3

10 mg/m3

1 mg/m3

50 mg/m3

20 mg/m3

60 mg/m3

4 mg/m3

200 mg/m3

Nitrogen monoxide (NO) and Nitrogendioxide (NO2), expressed as nitrogendioxide for incineration plants with acapacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3

Nitrogen monoxide (NO) and nitrogendioxide (NO2), expressed as nitrogendioxide for incineration plants with acapacity of 3 tonnes per hour or less 300 mg/m3

Ammonia 10mg/m3

20mg/m3

II. All the Average Values Over the Sample Periodof 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)

total 0.05mg/m3

Mercury and its Compounds, expressed as mercury(Hg)

0.05mg/m3

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 aschromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as

total 0.5mg/m3

manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed asvanadium (V)

Tin and its compounds, expressed as tin (Sn)These average values cover also gaseous and the vapor

forms of the relevant heavy metal emission as well as theircompounds: Provided, That the emission of dioxins and furansinto the air shall be reduced by the most progressivetechniques: Provided, Further, That all average of dioxin andfurans measured over the sample period of a minimum of 5hours and maximum of 8 hours must not exceed the limitvalue of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall preparea detailed action plan setting the emission standards orstandards of performance for any stationary source theprocedure for testing emissions for each type of pollutant, andthe procedure for enforcement of said standards.

Existing industries, which are proven to exceed emissionrates established by the Department in consultation withstakeholders, after a thorough, credible and transparentmeasurement process shall be allowed a grace period ofeighteen (18) months for the establishment of anenvironmental management system and the installation of anappropriate air pollution control device : Provided, That anextension of not more than twelve (12) months may beallowed by the Department on meritorious grounds.

Section 20. Ban on Incineration. - Incineration, herebydefined as the burning of municipal, biomedical and hazardouswaste, which process emits poisonous and toxic fumes ishereby prohibited; Provided, however, That the prohibitionshall not apply to traditional small-scale method ofcommunity/neighborhood sanitation "siga", traditional,agricultural, cultural, health, and food preparation andcrematoria; Provided, Further, That existing incineratorsdealing 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 ofpathological and infectious wastes, and subject to closemonitoring by the Department.

Local government units are hereby mandated to promote,encourage and implement in their respective jurisdiction acomprehensive ecological waste management that includeswaste segregation, recycling and composting.

With due concern on the effects of climate change, theDepartment shall promote the use of state-of-the-art,environmentally-sound and safe non-burn technologies for thehandling, treatment, thermal destruction, utilization, anddisposal of sorted, unrecycled, uncomposted, biomedical andhazardous wastes.

Article FourPollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. - a) TheDOTC shall implement the emission standards for motorvehicles set pursuant to and as provided in this Act. To furtherimprove the emission standards, the Department shall review,revise and publish the standards every two (2) years, or as theneed arises. It shall consider the maximum limits for all majorpollutants to ensure substantial improvement in air quality forthe health, safety and welfare of the general public.

The following emission standards for type approval ofmotor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emissionlimits for gaseous pollutants shall be:

Emission Limits for Light Duty VehiclesType Approval(Directive 91/441/EEC)

CO(g/km)

HC + NOx

(g/km)PMa

(g/km)

2.72 0.970.14a for compression-ignition engines

only

b) For light commercial vehicles, the exhaustemission limit of gaseous pollutants as a function ofthe given reference mass shall be:

Emission Limits for Light CommercialVehiclesType Approval(Directive 93/59/EEC)

Reference Weight(RW) (kg)

CO(g/km)

HC +NOx(g/km)

PMa (g/km)

Category1

1250< RW 2.72 0.97 0.14

Category2

1250< RW<1700 5.17 1.4 0.19

Category3

RW>1700 6.9 1.7 0.25

a for compression-ignition enginesonly

c) For heavy duty vehicles, the exhaust emissionlimits of gaseous pollutants shall be:

Emission Limits for Heavy Duty VehiclesType Approval(Directive 91/542/EEC)

CO(g/k/Wh)

HC(g/k/Wh)

NOx(g/k/Wh)

PM(g/k/Wh)

4.5 1.1 8.0 0.36aa In the case of engines of 85 kW or

less, the limit value for particularemissions in increased by multiplyingthe quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignitionengines shall not exceed 2.0 grams hydrocarbons pertest. Likewise, it shall not allow any emission of gasesfrom crankcase ventilation system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTIand LGUs, shall develop an action plan for the control and

management of air pollution from motor vehicles consistentwith the Integrated Air Quality Framework. The DOTC shallenforce compliance with the emission standards for motorvehicles set by the Department. The DOTC may deputizeother 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 motorvehicles;

(2) Prohibit or enjoin the use of motor vehicles or aclass of motor vehicles in any area or street at specifiedtimes; and

(3) Authorize private testing emission testingcenters duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department,shall establish the procedures for the inspection of motorvehicles and the testing of their emissions for the purpose ofdetermining the concentration and/or rate of pollutantsdischarged by said sources.

d) In order to ensure the substantial reduction of emissionsfrom motor vehicles, the Department of Trade and Industry(DTI), together with the DOTC and the Department shallformulate and implement a national motor vehicle inspectionand maintenance program that will promote efficient and safeoperation of all motor vehicles. In this regard, the DTI shalldevelop and implement standards and procedures for thecertification of training institutions, instructors and facilitiesand the licensing of qualified private service centers and theirtechnicians as prerequisite for performing the testing,servicing, repair and the required adjustment to the vehicleemission system. The DTI shall likewise prescribe regulationsrequiring the disclosure of odometer readings and the use oftamper-resistant odometers for all motor vehicles includingtamper-resistant fuel management systems for the effectiveimplementation of the inspection and maintenance program.

Section 22. Regulation of All Motor Vehicles andEngines. - Any imported new or locally-assembled new motorvehicle shall not be registered unless it complies with the

emission standards set pursuant to this Act, as evidenced by aCertificate of Conformity (COC) issued by the Department.

Any imported new motor vehicle engine shall not beintroduced into commerce, sold or used unless it complieswith emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicleusing new or used engines, major parts or components shallnot be registered unless it complies with the emissionstandards.

In case of non-compliance, the importer or consignee maybe allowed to modify or rebuild the vehicular engine so it willbe in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unlesssuch motor vehicle passes the emission testing requirementpromulgated in accordance with this Act. Such testing shall beconducted by the DOTC or its authorized inspection centerswithin sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulationsprescribing the useful life of vehicles and engines includingdevices in order to ensure that such vehicles will conform tothe emissions which they were certified to meet. Theseregulations shall include provisions for ensuring the durabilityof emission devices.

Section 23. Second-Hand Motor Vehicle Engines. - Anyimported second-hand motor vehicle engine shall not beintroduced into commerce, sold or used unless it complieswith emission standards set pursuant to this Act.

Article FivePollution from Other Sources

Section 24. Pollution from smoking. - Smoking inside apublic building or an enclosed public place including publicvehicles and other means of transport or in any enclosed areaoutside of one's private residence, private place of work or anyduly designated smoking area is hereby prohibited under thisAct. This provision shall be implemented by the LGUs.

Section 25. Pollution from other mobile sources. - TheDepartment, in coordination with appropriate agencies, shallformulate and establish the necessary standards for all mobile

sources other than those referred to in Sec. 21 of this Act. Theimposition of the appropriate fines and penalties from thesesources for any violation of emission standards shall be underthe jurisdiction of the DOTC.

Chapter 3Fuels, Additives, Substances and Pollutants

Article OneFuels, Additives and Substances

Section 26. Fuels and Additives. - Pursuant to the AirQuality Framework to be established under Section 7 of thisAct, the Department of Energy (DOE), co-chaired by theDepartment of Environment and Natural Resources (DENR),in consultation with the Bureau of Product Standards (BPS) ofthe DTI, the DOST, the representatives of the fuel andautomotive industries, academe and the consumers shall setthe specifications for all types of fuel and fuel-relatedproducts, to improve fuel composition for increased efficiencyand reduced emissions: Provided, however, that thespecifications for all types of fuel and fuel-related productsset-forth pursuant to this section shall be adopted by the BPSas Philippine National Standards (PNS).

The DOE shall also specify the allowable content ofadditives in all types of fuels and fuel-related products. Suchstandards shall be based primarily on threshold levels of healthand research studies. On the basis of such specifications, theDOE shall likewise limit the content or begin that phase-out ofadditives in all types of fuels and fuel-related products as itmay deem necessary. Other agencies involved in theperformance of this function shall be required to coordinatewith the DOE and transfer all documents and informationnecessary for the implementation of this provision.

Consistent with the provisions of the preceding paragraphsunder this section, it is declared that:

a) not later than eighteen (18) months after theeffectivity of this Act, no person shall manufacture,import, sell, supply, offer for sale, dispense, transportor introduce into commerce unleaded premiumgasoline fuel which has an anti-knock index (AKI) of

not less that 87.5 and Reid vapor pressure of not morethan 9 psi. Within six (6) months after the effectivity ofthis Act, unleaded gasoline fuel shall contain aromaticsnot to exceed forty-five percent (45%) by volume andbenzene not to exceed four percent (4%) byvolume;Provided, that by year 2003, unleaded gasolinefuel should contain aromatics not to exceed thirty-fivepercent (35%) by volume and benzene not to exceedtwo percent (2%) by volume;

b) not later than eighteen (18) months after theeffectivity of this Act, no person shall manufacture,import, sell, supply, offer for sale, dispense, transportor introduce into commerce automotive diesel fuelwhich contains a concentration of sulfur in excess of0.20% by weight with a cetane number of index of notless 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 theeffectivity of this Act, no Person shall manufacture,import, sell, supply, offer for sale, dispense, transportor introduce into commerce industrial diesel fuel whichcontains a concentration of sulfur in excess of 0.30%(by weight).

Every two (2) years thereafter or as the need arises, thespecifications of unleaded gasoline and of automotive andindustrial diesel fuels shall be reviewed and revised for furtherimprovement in formulation and in accordance with theprovisions of this Act.

The fuels characterized above shall be commerciallyavailable. Likewise, the same shall be the reference fuels foremission and testing procedures to be established inaccordance with the provisions of this Act.

Any proposed additive shall not in any way increaseemissions of any of the regulated gases which shall include,but not limited to carbon monoxide, hydrocarbons, and oxidesof nitrogen and particulate matter, in order to be approved andcertified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. - TheDOE, in coordination with the Department and the BPS, shallregulate 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 foradditive unless the same has been registered with the DOE.Prior to registration, the manufacturer, processor or tradershall provide the DOE with the following relevantinformation:

a) Product identity and composition to determinethe potential health effects of such fuel additives;

b) Description of the analytical technique that canbe used to detect and measure the additive in any fuel;

c) Recommended range of concentration; andd) Purpose in the use of the fuel and additive.

Section 28. Misfueling. - In order to prevent the disablingof any emission control device by lead contamination, noperson shall introduce or cause or allow the introduction ofleaded gasoline into any motor vehicle equipped with agasoline tank filler inlet and labeled "unleaded gasoline only".This prohibition shall also apply to any person who knows orshould know that such vehicle is designed solely for the use ofunleaded gasoline.

Section 29. Prohibition on Manufacture, Import and Saleof leaded Gasoline and of Engines and/or ComponentsRequiring Leaded Gasoline. - Effective not later thaneighteen (18) months after the enactment of this Act, noperson shall manufacture, import, sell, offer for sale, introduceinto commerce, convey or otherwise dispose of, in anymanner, leaded gasoline and engines and componentsrequiring the use of leaded gasoline.

For existing vehicles, the DTI shall formulate standards andprocedures that will allow non-conforming engines to complywith the use of unleaded fuel within five(5) years after theeffectivity of this Act.

Article TwoOther Pollutants

Section 30. Ozone-Depleting Substances. - Consistentwith the terms and conditions of the Montreal Protocol onSubstances that Deplete the Ozone Layer and otherinternational agreements and protocols to which thePhilippines is a signatory, the Department shall phase outozone-depleting substances.

Within sixty (60) days after the enactment of this Act, theDepartment shall publish a list of substances which are knownto cause harmful effects on the stratospheric ozone layer.

Section 31. Greenhouse Gases. - The PhilippineAtmospheric, Geophysical and Astronomical Service

Administration (PAGASA) shall regularly monitormeteorological factors affecting environmental conditionsincluding ozone depletion and greenhouse gases andcoordinate with the Department in order to effectively guideair pollution monitoring and standard-setting activities.

The Department, together with concerned agencies andlocal government units, shall prepare and fully implement anational plan consistent with the United Nations FrameworkConvention on Climate Change and other internationalagreements, conventions and protocols on the reduction ofgreenhouse gas emissions in the country.

Section 32. Persistent Organic Pollutants. - TheDepartment shall, within a period of two (2) years after theenactment of this Act, establish an inventory list of all sourcesof Persistent Organic Pollutants (POPs) in the country. TheDepartment shall develop short-term and long-term nationalgovernment programs on the reduction and elimination ofPOPs such as dioxins and furans. Such programs shall beformulated within a year after the establishment of theinventory list.

Section 33. Radioactive Emissions. - All projects whichwill involve the use of atomic and/or nuclear energy, and willentail release and emission of radioactive substances into theenvironment, incident to the establishment or possession ofnuclear energy facilities and radioactive materials, handling,transport, production, storage, and use of radioactive

materials, shall be regulated in the interest of public health andwelfare by the Philippine

Nuclear Research Institute (PNRI), in coordination withDepartment and other appropriate government agencies.

Chapter 4Institutional Mechanism

Section 34. Lead Agency. - The Department, unlessotherwise provided herein, shall be the primary governmentagency responsible for the implementation and enforcement ofthis Act. To be more effective in this regard, The Department'sEnvironmental Management Bureau (EMB) shall be convertedfrom a staff bureau to a line bureau for a period of no morethan two (2) years, unless a separate, comprehensiveenvironmental management agency is created.

Section 35. Linkage Mechanism. - The Department shallconsult, participate, cooperate and enter into agreement withother government agencies, or with affected non-governmental(NGOs) or people's organizations (POs),or private enterprisesin the furtherance of the objectives of this Act.

Section 36. Role of Local Government Units. - LocalGovernment Units (LGUs) shall share the responsibility in themanagement and maintenance of air quality within theirterritorial jurisdiction. Consistent with Sections 7, 8 and 9 ofthis Act, LGUs shall implement air quality standards set by theBoard in areas within their jurisdiction;Provided, however,That in case where the board has not been duly constituted andhas not promulgated its standards, the standards set forth inthis Act shall apply.

The Department shall provide the LGUs with technicalassistance, trainings and a continuing capability-buildingprogram to prepare them to undertake full administration ofthe air quality management and regulation within theirterritorial jurisdiction.

Section 37. Environmental and Natural ResourcesOffice. - There may be established an Environment andNatural Resources Office in every province, city, ormunicipality which shall be headed by the environment andnatural resources officer and shall be appointed by the Chief

Executive of every province, city or municipality inaccordance with the provisions of Section 484 of Republic ActNo. 7160. Its powers and duties, among others, are:

a) To prepare comprehensive air qualitymanagement programs, plans and strategies within thelimits set forth in Republic act. No. 7160 and this Actwhich shall be implemented within its territorialjurisdiction upon the approval of the sanggunian;

b) To provide technical assistance and support tothe governor or mayor, as the case may be, in carryingout measures to ensure the delivery of basic servicesand the provision of adequate facilities relative to airquality;

c) To take the lead in all efforts concerning airquality protection and rehabilitation;

d) To recommend to the Board air quality standardswhich shall not exceed the maximum permissiblestandards set by rational laws;

e) To coordinate with other government agenciesand non-governmental organizations in theimplementation of measures to prevent and control airpollution; and

f) Exercise such other powers and perform suchduties and functions as may be prescribed by law orordinance: Provided, however, That inprovinces/cities/municipalities where there are noenvironment and natural resources officers, the localexecutive concerned may designate any of his officialand/or chief of office preferably the provincial, city ormunicipal agriculturist, or any of hisemployee: Provided, Finally, That in case an employeeis designated as such, he must have sufficientexperience in environmental and natural resourcesmanagement, conservation and utilization.

Section 38. Record-keeping, Inspection, Monitoring andEntry by the Department. - The Department or its dulyaccredited entity shall, after proper consultation and notice,

require any person who owns or operates any emissions sourceor 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 bythe Department;

(e) keep records on control equipment parameters,production variables or other indirect data when directmonitoring of emissions is impractical; and

(f) provide such other information as theDepartment may reasonably require.

Pursuant to this Act, the Department, through its authorizedrepresentatives, shall have the right of:

(a) entry or access to any premises includingdocuments and relevant materials as referred to in theherein preceding paragraph;

(b) inspect any pollution or waste source, controldevice, 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 asatisfactory showing to the Department by the entityconcerned that the record, report or information, or partsthereof, if made public, would divulge secret methods orprocesses entitled to protection as intellectual property. Suchrecord, report or information shall likewise be incorporated inthe Department's industrial rating system.

Section 39. Public Education and InformationCampaign. - A continuing air quality information andeducation campaign shall promoted by the Department, theDepartment of Education, Culture and Sports (DECS), theDepartment of the Interior and Local Government (DILG), theDepartment of Agriculture (DA) and the PhilippineInformation 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 privateentities in a multi-sectoral information campaign.

Chapter 5Actions

Section 40. Administrative Action. - Without prejudice tothe right of any affected person to file an administrativeaction, the Department shall, on its own instance or uponverified complaint by any person, institute administrativeproceedings against any person who violates:

(a) Standards or limitation provided under this Act;or

(b) Any order, rule or regulation issued by theDepartment with respect to such standard or limitation.

Section 41. Citizen Suits. - For purposes of enforcing theprovisions of this Act or its implementing rules andregulations, any citizen may file an appropriate civil, criminalor administrative action in the proper courts against:

(a) Any person who violates or fails to comply withthe provisions of this Act or its implementing rules andregulations; or

(b) The Department or other implementing agencieswith respect to orders, rules and regulations issuedinconsistent with this Act; and/or

(c) Any public officer who willfully or grosslyneglects the performance of an act specificallyenjoined as a duty by this Act or its implementing rulesand regulations; or abuses his authority in theperformance of his duty; or, in any manner, improperlyperforms his duties under this Act or its implementingrules and regulations: Provided, however, That no suitcan be filed until thirty-day (30) notice has been takenthereon.

The court shall exempt such action from the payment offiling fees, except fees for actions not capable of pecuniaryestimations, and shall likewise, upon prima facie showing ofthe non-enforcement or violation complained of, exempt the

plaintiff from the filing of an injunction bond for the issuanceof a preliminary injunction.

Within thirty (30) days, the court shall make adetermination if the compliant herein is malicious and/orbaseless and shall accordingly dismiss the action and awardattorney's fees and damages.

Section 42. Independence of Action. - The filing of anadministrative suit against such person/entity does notpreclude the right of any other person to file any criminal orcivil action. Such civil action shall proceed independently.

Section 43. Suits and Strategic Legal Actions AgainstPublic Participation and the Enforcement of This Act. -Where a suit is brought against a person who filed an action asprovided in Sec. 41 of this Act, or against any person,institution or government agency that implements this Act, itshall be the duty of the investigating prosecutor or the court,as the case may be, to immediately make a determination notexceeding thirty (30) days whether said legal action has beenfiled to harass, vex, exert undue pressure or stifle such legalrecourses of the person complaining of or enforcing theprovisions of this Act. Upon determination thereof, evidencewarranting the same, the court shall dismiss the case andaward attorney's fees and double damages.

This provision shall also apply and benefit public officerswho are sued for acts committed in their official capacity, theirbeing no grave abuse of authority, and done in the course ofenforcing this Act.

Section 44. Lien Upon Personal and ImmovableProperties of Violators. - Fines and penalties imposedpursuant to this Act shall be liens upon personal or immovableproperties of the violator. Such lien shall, in case ofinsolvency of the respondent violator, enjoy preference tolaborer's wages under Articles 2241 and 2242 of Republic ActNo. 386, otherwise known as the New Civil Code of thePhilippines.

Chapter 6Fines and Penalties

Section 45. Violation of Standards for StationarySources. - For actual exceedance of any pollution or airquality 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 hundredthousand pesos (P100,000.00) for every day of violationagainst the owner or operator of a stationary source until suchtime that the standards have been complied with.

For purposes of the application of the fines, the PAB shallprepare a fine rating system to adjust the maximum fine basedon the violator's ability to pay, degree of willfulness, degree ofnegligence, history of non-compliance and degree ofrecalcitrance: Provided, That in case of negligence, the firsttime offender's ability to pay may likewise be considered bythe Pollution Adjudication Board: Provided, Further, That inthe absence of any extenuating or aggravating circumstances,the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.

The fines herein prescribed shall be increased by at leastten percent (10%), every three (3) years to compensate forinflation 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 thestationary sources until such time that proper environmentalsafeguards are put in place: Provided, That an establishmentliable for a third offense shall suffer permanent closureimmediately. This paragraph shall be without prejudice to theimmediate issuance of an ex parte order for such closure,suspension of development or construction, or cessation ofoperations during the pendency of the case upon prima facieevidence that their is imminent threat to life, public health,safety or general welfare, or to plant or animal life, orwhenever there is an exceedance of the emission standards setby the Department and/or the Board and/or the appropriateLGU.

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 asprovided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standardsthrough visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a dulyauthorized emission testing center. For this purpose, theDOTC or its authorized testing center shall establish aroadside inspection system. Should it be shown that there wasno violation of emission standards, the vehicle shall beimmediately released. Otherwise, a testing result indicating anexceedance of the emission standards would warrant thecontinuing custody of the impounded vehicle unless theappropriate penalties are fully paid, and the license plate issurrendered to the DOTC pending the fulfillment of theundertaking by the owner/operator of the motor vehicle tomake the necessary repairs so as to comply with the standards.A pass shall herein be issued by the DOTC to authorize theuse of the motor vehicle within a specified period that shallnot exceed seven (7) days for the sole purpose of making thenecessary repairs on the said vehicle. The owner/operator ofthe vehicle shall be required to correct its defects and showproof of compliance to the appropriate pollution control officebefore the vehicle can be allowed to be driven on any publicor subdivision roads.

In addition, the driver and operator of the apprehendedvehicle shall undergo a seminar on pollution controlmanagement conducted by the DOTC and shall also suffer thefollowing penalties:

a) First Offense - a fine not to exceed TwoThousand Pesos (P2,000.00);

b) Second Offense - a fine not less than TwoThousand Pesos (P2,000.00) and not to exceed FourThousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of theMotor Vehicle Registration (MVR) and a fine of notless than Four Thousand Pesos (P4,000.00) and notmore 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 penalizedwith a fine of not less than Thirty Thousand Pesos(P30,000.00) or cancellation of license of both the technicianand the center, or both, as determined by the DTI.

All law enforcement officials and deputized agentsaccredited to conduct vehicle emissions testing andapprehensions shall undergo a mandatory training on emissionstandards and regulations. For this purpose, the Department,together with the DOTC, DTI, DOST, Philippine NationalPolice (PNP) and other concerned agencies and private entitiesshall design a training program.

Section 47. Fines and Penalties for Violations of OtherProvisions in the Act. - For violations of all other provisionsprovided in this Act and of the rules and regulations thereof, afine of not less than Ten thousand pesos (P10,000) but notmore than One Hundred thousand Pesos (P100,000) or six (6)months to six (6) years imprisonment or both shall beimposed. If the offender is a juridical person, the president,manager, directors, trustees, the pollution control officer or theofficials directly in charge of the operations shall suffer thepenalty herein provided.

Section 48. Gross Violations. - In case of gross violation ofthis Act or its implementing rules and regulations, the PABshall recommend to the proper government agencies to file theappropriate criminal charges against the violators. The PABshall assist the public prosecutor in the litigation of the case.Gross violation shall mean:

(a) three (3) or more specific offenses within aperiod 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, suchs but not limited to the breaking of seal, padlocks andother similar devices, or operation despite theexistence of an order for closure, discontinuance orcessation of operation; and

(d) irreparable or grave damage to the environmentas a consequence of any violation of the provisions ofthis Act.

Offenders shall be punished with imprisonment of not lessthan six (6) years but not more than ten (10) years at thediscretion of the court. If the offender is a juridical person, thepresident, manager, directors, trustees, the pollution controlofficer or the officials directly in charge of the operations shallsuffer the penalty herein provided.

Chapter 7Final Provisions

Section 49. Potential Loss or Shifts of Employment. - TheSecretary of Labor is hereby authorized to establish acompensation, retraining and relocation program to assistworkers laid off due to a company's compliance with theprovisions of this Act.

Section 50. Appropriations. - An amount of SevenHundred Fifty Million Pesos (P750,000,000.00) shall beappropriated for the initial implementation of this Act, ofwhich, 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 theDOTC; and One Hundred Million Pesos (P100,000,000.00) tothe DOE.

Thereafter, the amount necessary to effectively carry outthe provisions of this Act shall be included in the GeneralAppropriations Act.

Section 51. Implementing Rules and Regulations. - TheDepartment, in coordination with the Committees onEnvironment and Ecology of the Senate and House ofRepresentatives, respectively and other agencies, shallpromulgate the implementing rules and regulations for thisAct, within one (1) year after the enactment of thisAct:Provided, That rules and regulations issued by othergovernment agencies and instrumentalities for the preventionand/or abatement of pollution not inconsistent with this Act

shall supplement the rules and regulations issued by theDepartment pursuant to the provisions of this Act.

Section 52. Report to Congress. - The Department shallreport to Congress, not later than March 30 of every yearfollowing the approval of this Act, the progress of thepollution control efforts and make the necessaryrecommendations in areas where there is need for legislativeaction.

Section 53. Joint Congressional Oversight Committee. -There is hereby created a joint congressional oversightcommittee to monitor the implementation of this Act. Thecommittee shall be composed of five (5) senators and five (5)representatives to be appointed by the Senate President and theSpeaker of the House of Representatives, respectively, theoversight committee shall be co-chaired by a senator and arepresentative designated by the Senate President and theSpeaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversightcommittee under this Act shall be without prejudice to theperformance of the duties and functions by the respectiveexisting oversight committees of the Senate and the House ofRepresentatives.

Section 54. Separability of Provisions. - If any provisionof this Act or the application of such provision to any personor circumstances is declared unconstitutional, the remainder ofthe Act or the application of such provision to other person orcircumstances shall not be affected by such declaration.

Section 55. Repealing Clause. - Presidential Decree No.1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586and Presidential Decree No. 984 are partly modified. All otherlaws, orders, issuance, rules and regulations inconsistentherewith 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 OfficialGazette or in at least two (2) newspapers of generalcirculation.

Approved, June 23, 1999.