V. REVIEW OF MONITORING MECHANISMS

[ V-A | V-B | V-C | V-D ]

B. Institutional landscape for monitoring

[ B | B-1 | B-2 | B-3 ]

3. Pollution control

EMB provides staff support and exercises regulatory functions through the EIA system. However, certain jurisdictional coverage (e.g., MWSS facilities) is outside the Department of Environment and Natural Resources sphere of influence. The various sectors and the specific agencies responsible for enforcing regulations in those sectors are listed below.

(a)Pollution from fertilizers and pesticides

Control of agricultural run-off from fertilizers and pesticides is mandated in Public Document 1152, which regulates the production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers and oils. Section 33 regulates the use of fertilizers and pesticides, and prescribes a tolerance level for their use. Monitoring is carried out by FPA.

(b)Water quality

Section 39 of Public Document 1152 covers the protection of ground waters. Specifically, the national government through the National Water Resources Board and in coordination with other appropriate government agencies, prescribes measures for the conservation and improvement of the quality of Philippine water resources and provides for the prevention, control and abatement of water conservation and abatement of water pollution. In the case of water-use regulation, the National Irrigation Administration regulates the use of water for irrigation purposes.

(c)Mine wastes and tailings regulations

The Mines and Geo-Sciences Bureau of the Department of Environment and Natural Resources exercises jurisdiction over wastewater discharges. It is also responsible for the collection of fees for mine tailings.

(d)Air quality regulations

Monitoring air emissions from motor vehicles is primarily carried out by the Land Transportation Office, the Philippine National Police and the Department of Environment and Natural Resources. Penalties are enforced for any related violations. However, the regulations have never been effectively enforced at any time in the history of the Philippines, as testing equipment is inadequate, the enforcement system is inefficient and the number of personnel to undertake testing is insufficient.

Similarly, the Department of Environment and Natural Resources jointly exercises jurisdiction with the Philippine Nuclear Research Institute of the Department of Science and Technology with regard to nuclear emissions and radioactive substances.

(e)Solid waste management

Municipal solid waste collection has been the responsibility of LGUs since the creation of the Metropolitan Manila Development Authority in 1994. The Metropolitan Manila Development Authority has jurisdiction over 17 cities and municipalities. With regard to location, open dump sites are managed by the local authorities of each city or municipality in cooperation with HLURB.

(f)Toxic and hazardous wastes

The Department of Environment and Natural Resources regulates toxic and hazardous wastes pursuant to Republic Act 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990". However, the Act grants authority and responsibility to FPA for the regulation of chemicals and chemical substance regulation. In the case of radioactive waste, the Department of Environment and Natural Resources and the Philippine Nuclear Research Institute exercises jurisdiction over regulation.

(g)Marine pollution

The Philippine Coast Guard was designated as the primary enforcing agency with regard to marine pollution. However, its authority overlaps and sometimes conflicts with the Department of Environment and Natural Resources. The Philippine Coast Guard was given the authority in recognition of the limited capability of the Department of Environment and Natural Resources in monitoring marine activities.

(h)Land use

Land-use planning and control, or the regulation of the concentration and dispersal of industries, is a function of local government which issues the necessary permits in order to ensure that each proposed business activity is consistent with local zoning ordinance.

HLURB was also created to "promulgate zoning and other land-use control standards and guidelines which shall govern land-use plans and zoning ordinances of local government" and "to review, evaluate, approve or disapprove comprehensive land-use development plans and zoning ordinances of local governments". LGUs and HLURB monitor zoning and land-use related activities.

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