Anna Bettina Andaya

Anne Jellie Bacani

Hazel Therese Sotto
Topic: Brown Laws
Objectives:
This report aims to:
1. define brown laws;
2. name and discuss examples of brown laws; and
3. cite a case related to the said laws.
Summary of the Report:
Part I. Definition of Brown Laws
Brown laws are laws and rules which deal with pollution control and the regulation of
activities which could affect the environment. It include those which control hazardous and
toxic wastes and chemicals, solid waste management, and rules on the conduct of environmental
impact assessments (Citizens Handbook on Environmental Justice, undated).
Part II. Brown Laws in the Philippines
The need for such laws came to be due to environmental health concerns brought about
by industrial activities. One such example for this would be the case of a town in Visayas. Here,
there are cement plants which have been in operation since 1960. These have helped the town,
and even the whole region, in terms of providing employment for the people and electricity from
its small power plants. On the other hand, its wastes have caused the people to get sick, and the
nearby bodies of water to become polluted. Because of this, the people decided to do
something about it. They tried to inform their local government, but nothing could be done
about it. The reason for this is that the owners were well-connected to the local politicians. To
stop the plant from its operations, there need to be various proofs regarding its harmful impacts
toward the environment (Citizens Handbook on Environmental Justice, undated).
The following are examples of brown laws.

The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (R.A. 6969)
This law was created due to the Basel Convention in 1989. With this, countries were
called to regulate and manage the manufacture of materials which may pose hazard,
utilization of nuclear technology, as well as the transport of such things. This law was

enacted to regulate, restrict, or prohibit the importation, manufacture, processing, sale,

distribution, use and disposal of chemical substances and mixtures that present unreasonable
risk and/or injury to health or the environment. It includes the importation, manufacture,
processing, handling, storage, transportation, sale, distribution, use and disposal of all
unregulated chemical substances and mixtures in the country (Citizens Handbook on
Environmental Justice, undated; UNEP, 2011).
Important provisions under it are Section 13 [a] and Section 13 [b] which are the use of
hazardous chemicals despite prior knowledge that these are against the policies and leading
the stowing and transport of hazardous and chemical wastes into the country, respectively.
An example of a common act which violates this law is the use of such substances, in
excessive amounts, in order to minimize expenses and hasten the production process. This is
usually done in industries, like mining. To avoid violation, one can consult with the
government agencies involved. For instance, one can check with the Department of
Environment and Natural Resources (DENR) which has a priority chemicals list and
corresponding chemical control orders. One should also secure a permit from the
government before using such substances, and take note that it should not exceed the
amounts given. On the other hand, problems may occur with getting the chemicals lists and
the control orders as these are not disclosed with the public. Another may be that the people
could not understand the terms used, and the products are mislabeled (Citizens Handbook on

Environmental Justice, undated).

The Philippine Clean Air Act of 1999 (R.A. 8749)
This law primarily governs and regulates air quality in the country. It states that the
government shall formulate a holistic national program of air pollution management that
shall be implementedthrough proper delegation and effective coordination of functions and
activities and shall focus primarily on pollution prevention rather than on control, provide for
a comprehensive management program for air pollution (Citizens Handbook on
Environmental Justice, undated).
An important provision is that sources of aerial discharges must observe the standards
set, which includes a system of permits, quotas, and also financial liability for
environmental rehabilitation. The usual example that may came to mind about this are the
factories and vehicles, which emit foul smelling and black smoke. To determine whether
a certain factory or vehicle is in violation, one can check with the standards set. These are

usually done through the emission testing of vehicles and inspection of point sources, as
well as proper scientific and laboratory testing. On the other hand, there is a lack of law
enforcers and inspectors; red tape and corruption, which damages the system; and the
need for further technical and scientific analysis. It should also be noted that burning
wastes and smoking cigars are violations of this law (Citizens Handbook on Environmental

Justice, undated).
The Philippine Clean Water Act of 2004 (R.A. 9275)
The Philippine Clean Water Act of 2004 or the Republic Act No. 9275 aims to protect the
countrys water bodies from pollution from land-based sources (industries and commercial
establishments, agriculture and community/household activities). It provides for a
comprehensive and integrated strategy to prevent and minimize pollution through a multisectoral and participatory approach involving all the stakeholders. (Water Quality
Management Section Environmental Management Bureau-DENR)
The quality of water is managed will depend on watershed, river basin or water resources
region. Water quality management areas with similar conditions and affects the reaction and
contamination of pollutants in the water are to assigned by the DENR with the National
Water Resources Board (NWRB). These areas will be managed by the local government and
boards that will manage the water quality problems in their area. Since the water quality must
be controlled, wastewater discharges by the operators of facilities and factories need to get a
permit from DENR or the Laguna Lake Development Authority. Existing industries without
any permit are given 12 months from the effectivity of the implementing rules and
regulations (IRR) promulgated pursuant to this Act to secure a permit to discharge. Any
person caught wastewater discharging into a water area without any permit will have to pay
for wastewater charge. These fees and charges will be used to projects and programs to
reduce the amount of discharged pollutant the company and facility owners.
The prohibited acts under R.A. 9275 are:
Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid required
permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid waste.

 Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed

under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic Act No. 6969)
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports and records
by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutants listed under R.A. No. 6969, into water
bodies.
Undertake activities or development and expansion of projects, or operating wastewater

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

The Ecological Solid Waste Management Act of 2000 (R.A. 9003)
Based on the studies made by the National Solid Waste Management Commission
Secretariat based at the Environmental Management Bureau (EMB), it is estimated that the
per capita waste production daily is 0.5 kg. This means that for every person living in the
metropolis, he or she generates half a kilo of waste a day. With an estimated population of
10.5 million, total waste generated in Metro Manila alone could run up to 5,250 metric tons
per day. Or, 162,750 metric tons per month. Or, 1.95 million metric tons per year. Definitely,
thats a lot of waste to speak of according to the Environmental Management Bureau of
DENR.
Our waste disposal statistics are getting higher and higher as our country's population
increases over time. And based on the EMB study, only about 73% of the 5,250 metric tons
of waste generated daily are collected by dump trucks hired by our respective local
government units. The remaining 27% of our daily waste or about 1,417.5 metric tons end up
in canals, vacant spaces, street corners, market places, rivers and other places. These are the
reasons why we need to work against this rising problem. For the reason that we are also part
of the waste management crisis, we should also cooperate and be part of the acts against it.

Republic Act No. 9003 or the Ecological Solid Waste Management Act provides the
legal framework for the countrys systematic, comprehensive and ecological solid waste
management program that shall ensure protection of public health and the environment. It
underscores, among other things, the need to create the necessary institutional mechanisms
and incentives, as well as imposes penalties for acts in violation of any of its provisions.
These are the features of R.A. 9003:
Creation of the National Solid Waste Management Commission (NSWMC), the National
Ecology Center (NEC) and the Solid Waste Management Board in every province, city
and municipality in the country. The NSWMC shall be responsible in the formulation of
the National Solid Waste Management Framework and other policies on solid waste, in
overseeing the implementation of solid waste management plans and the management of
the solid waste management fund. The NEC, on the other hand, shall be responsible for
consulting, information, training and networking services relative to the implementation
of R.A. No. 9003. The Solid Waste Management Board of provinces, cities and
municipalities shall be responsible for the development of their respective solid waste
management plans.
Formulation of the National Solid Waste Management Framework; 10-year solid
management plans by local government units consistent with the National Solid Waste
Management Framework;
Mandatory segregation of solid waste to be conducted primarily at the source such as
household, institutional, industrial, commercial and agricultural sources;
Setting of minimum requirements to ensure systematic collection and transport of wastes
and the proper protection of the health of garbage collectors;
Establishment of reclamation programs and buy-back centers for recyclable and toxic

materials;
Promotion of eco-labeling in local products and services;
Prohibition on non-environmentally acceptable products and packaging;
Establishment of Materials Recovery Facility in every barangay or cluster of barangays;
Prohibition against the use of open dumps;
Setting of guidelines/criteria for the establishment of controlled dumps and sanitary

landfills;
Provision of rewards, incentives both fiscal and non-fiscal, financial assistance, grants
and the like to encourage LGUs and the general public to undertake effective solid waste
management; and

 Promotion of research on solid waste management and environmental education in the

formal and non-formal sectors.
*There are many ways to do it. A highly recommended formula is to adopt the 3Rs of
Ecological Waste Management: REDUCE, REUSE, AND RECYCLE.
Acts prohibited under the law:
Littering, throwing, dumping of waste materials in public places like roads, sidewalks,

canals, esteros, parks and establishments;

Open burning of solid waste;
Allowing the collection of non-segregated or unsorted waste;
Squatting in open dumps and landfills;
Open dumping or burying of biodegradable and non-biodegradable materials in flood-

prone areas;
Unauthorized removal of recyclable material intended for collection by authorized
persons;
Mixing of source-separated recyclable material with other solid waste in any vehicle,

box, container or receptacle used in solid waste collection or disposal;

Manufacture, distribution or use of non-environmentally acceptable packaging materials;
Establishment or operation of open dumps; and
Importation of consumer products packaged in non-environmentally acceptable materials.
The Philippine Environmental Impact Statement System (P.D. 1586)
The Environmental Impact Assessment of the Philippines is a program that helps the

local government on minimizing the damages on the environment. Its main purpose is to enhance
the planning and decision-making of our officials on the environmental issues and concerns on
projects and areas throughout the country.
The EIA process involves making a thorough review on the proposed projects and its
environmental impacts in the settings, design, framework and other details of the action. These
are carefully managed and monitored by the board. If the review passed the first stage, the
DENR-EMB will issue an Environmental Compliance Commitment (ECC) document and later
on, the issuance of action's Environmental Compliance Certificate. The next stage of the
planning is passed to the government agencies and LGU's to be approved and start the
implementation of the project.
Part III. Selected Case: Bangus Fry Fisherfolk, et.al. v. Hon. Lanzanas, et al.
The Regional Executive Director of DENR of Region IV gave an ECC in favor of
NAPOCOR. This ECC allowed NAPOCOR to construct a temporary reserved space facility in
Minolo Cove, Sitio Minolo, Barangay San Isidro, Puerto Galera, and Oriental Mindoro even

though the Sangguniang Bayan of Puero Galera has declared Minolo Cove, a mangrove area and
breeding ground for the bangus fry as eco-tourist zone. The fisher folk who are the petitioner
sought reconsideration of the ECC approval, this appeal was shot down though. The petitioner
then filed a complaint with the Manila Regional Trial Court, Branch 7; for the cancellation of the
ECC and the issuance of a writ of injunction to halt the production of the said mooring facility.
This was granted by the trial court as they issued a Temporary restraining order but this was soon
lifted. Respondents ORMECO and the provincial officials of Oriental Mindoro moved to dismiss
the complaint for failure of the petitioner to exhaust administrative remedies. The petitioners
claimed that the ECC insurance was a violation of DENR DAO no. 96-37 on the documentation
of ECC application.
The petitioners bypassed the DENR secretary and quickly filed their complaint with the
Manila Regional Trial Court, leaving the DENR secretary without a chance to review his
subordinates decision. Under the procedural manual for DAO no. 96-37 and applicable and
applicable jurisprudence, petitioners omission makes the filed complaint dismissible for lack of
cause of action. Presidential decree No. 1605 states that the construction of any commercial
structure within the cover and water around Puerto Galera bay, is prohibited. PD No. 1605 does
not apply to this case because the mooring facility is not a commercial structure, commercial or
semi-commercial wharf or commercial docking. The mooring facility is a government property
and is intended to serve the basic need of the people of Oriental Mindoro.
References
Book:
Citizens Handbook on Environmental Justice
Government Agencies:
The National Solid Waste Management Commission Secretariat and The Water Quality
Management Section: Environmental Management Bureau-DENR
Environmental Management Bureau - Region VII
Website/s:
www.emb.gov.ph
Other sources:
UNEP. (2011). Basel convention on the control of transboundary movements of
hazardous wastes and their disposal: Protocol on liability and compensation for

damage resulting from transboundary movements of hazardous wastes and their

disposal [PDF document]. Retrieved from http://www.basel.int/Portals/4/Basel
%20Convention/docs/text/BaselConventionText-e.pdf