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The Philippine Environmental Laws

(1987 Philippine Constitution)


o Executive Order No.192 designated the
Department of Environment and Natural
Resources (DENR)
o Environmental Management Bureau (EMB) is
specifically tasked to implement, recommend
and provide technical assistance for their
implementation and monitoring
Philippines Environmental Law

Pollution Control Law


Environmental
PD 984
Impact Statement
Provides permitting
System requirements
PD 1586  Provides penalty
 No projects shall be
implemented without an provisions
Environmental Compliance  Provides Air and Water
Certificate (ECC) Standard

Clean Air Act (CAA) of
1999
* a comprehensive policy and program
for air quality management in the
country
* DENR Administrative Order No. 2000-
81 ( implementing rules and
regulations)
Classification of pollution sources:
Mobile sources – vehicles like cars,
trucks, vans, buses, jeepneys, tricycles
and motorcycles
Point/stationary sources – industrial
firms and smoke stacks of power plants,
hotels and other establishments
Area sources – smoking, burning of
garbage, dust from construction,
unpaved ground and the like
Stationary sources
All sources of air pollution must have a
valid Permit-to-Operate
- Permit–to-Operate is valid for one (1)
year from the date of issuance unless
sooner suspended or revoked and must be
renewed thirty (30) days from the
expiration date and upon payment of the
required fees and compliance of the
requirements
 In case of sale or legal transfer of a facility
covered by a permit, the permittee shall
notify the DENR-EMB within thirty (30) days
from the date of sale or transfer
 The owner or the Pollution Control Officer
shall keep a record of the operation of the
sources and shall furnish a copy to the
DENR-EMB in a quarterly basis.
 Right of Entry, Inspection and Testing by the
authorized representative of DENR-EMB
All proposed or planned construction or
modification of sources that has the potential
to emit 100 tons per year or more of any of
the regulated pollutants are required to have
an approved Authority to Construct before
implementation
For purpose of sampling, planning, research
and other similar purposes, the DENR-EMB,
may issue a Temporary Permit to Operate not
to exceed ninety (90) days provided that the
applicant has pending applicant has pending
application for Permit-to-Operate.
Fines and Penalties
A fine of more or less Php100,000.00 for
everyday of violation of standards until such
time that the standards have been complied
with
For violators of all of the other provisions, a
fine of not less than Php10,000.00 but not
more than Php100,000.00 for six (6) months
to six (6) years or both. If the offender is a
juridical person, the president, manager,
directors, trustees the pollution control officer
of the officials directly in charge of the
operations suffer the penalty.
Discharge Permit
 The legal authorization to discharge
wastewater
For industries without any discharge
permit is given a period of twelve (12)
months after the effectivity of IRR, DAO
2005-10 dated May 16, 2005 to secure a
discharge permit
Pollution sources currently discharging to
existing sewerage system with
operational wastewater treatment
facilities shall be exempt from the permit
requirement
 The discharge permit is valid for a
maximum period of five (5) years from the
date of issue and must be renewed thirty
(30) days before expiration
The self-monitoring report shall be
submitted to the Regional offices within
fifteen (15) calendar days after the end of
each quarter
Fines, damages and Penalties
A fine of not less than Php10,000
not more than Php200,000 for
every day of violation
Gross violation has a fine of not
less than Php500,000 but not more
then 3M per day or imprisonment
of not less than six (6) years but
not more than ten(10) years or
both.
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