|
Area of concern |
Type of measure |
Legal basis |
Description |
Agency responsible |
Remarks |
| Ambient Air Quality Management |
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| Emissions from transportation sources |
Regulation of emissions from motor vehicles. |
PD 1181 (1980) |
Air emissions from motor vehicles are regulated to meet ambient air quality standards. Motor vehicles are prohibited in certain areas at particular times to ensure compliance with established national ambient air quality standards.
For any violation of rules, the penalty is a fine not exceeding P200 for the first offense, P500 or less for the second offence, P1000 or less for the third and succeeding offences plus suspension of the vehicles's certificate of registration until compliance is made. |
Monitoring is done by the Land Transportation Office, the Philippine National Police and the Department of Environment and Natural Resources (DENR) |
This regulation is not effectively enforced because of insufficient testing equipment and lack of personnel to effectively enforce the it. |
| Industrial air emissions |
Regulation of industrial emissions |
PD 984, (1979)/PD 1181, (1980) |
Air emissions from industrial sources are regulated. Area-specific emission standards are established based on the monitoring of ambient air quality in the area, subject to the maximum permissible standards set by the Department of Environment and Natural Resourece. Issuance of authority to construct or permit to operate is withheld when a firm is found to be violating emission standards. |
DENR |
Aside from compliance with emission standards by individual industries, other factors such as location are also important factors in ensuring that ambient air quality is within standards. |
| Land use |
Systems of controls and regulations pertaining to areas and development activities are established to ensure that sources of pollution will not be located in areas where they will result in the violation of applicable environmental pollution control regulations |
PD 1152 (1977) |
Permits are issued by specific regulatory bodies before a certain industry/activity (e.g., construction of buildings and establishment of plants for economic activities) can operate. |
Local Government Units, Housing and Land Use Regulatory Board (HLURB) and DENR |
Regulation of industry location is done through zoning and land-use plans. Specific areas are segregated for industrial and commercial areas. Using land-use zoning alone leads to the continuous establishment of industries even in already polluted area. Using land-use zoning alone, there is no legal constraint on the construction of additional industrial plants in an already polluted area which has been zoned as industrial. |
| Fugitive emissions |
Control of emissions from non-point sources such as fugitive particulate emissions and open burning is done through regulation. |
DAO 14 (1993) |
Installation of an anti-pollution device or, in the case of burning, enclosures designed to capture fugitive emissions resulting from open burning are required. An authority to construct and permit to operate such devices should be obtained from DENR.
Penalties for violations are: P1000 per day for every day of violation or imprisonment from two to six years, or both. |
DENR |
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| Community noise regulations |
Enforcement of standards for community noise |
PD 1152 (1977)/PD 984 (1979) |
Standards for community noise, and enforcement thereof, are established considering location zoning and land-use classification. |
DENR |
Excessive noise is regulated only when there concern is raised by interested parties. |
| Noise-producing equipment |
Regulations on the use of noise-producing equipment |
PD1152 (1977)/PD 984 (1979) |
Standards for noise-producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment are set. Those standards place a limit on the acceptable level of noise that may be emitted from any given equipment. |
DENR |
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| Water quality regulations (surface water) (Water quality regulations (surface water)) |
Standards are set for water quality management. |
PD 1152 (1977)/DAO 34(1993) |
Water is classified according to its use. For example, surface water is classified as: drinking water, water for recreational use, water for industrial use, water for agricultural use, i.e., irrigation. Hence, water quality criteria on which standards are set is based on the level of purity required according to its classified use.
To ensure that the level of purity meets the standards set by DAO 34, regulations were formulated according to sources of water pollution. The following major sources were identified: domestic sewage and wastes; industrial effluents; agricultural run-off; oil discharges and accidental spills; and mine tailings.
Discharge and water-use regulations are carried out through authority to construct and permits to operate issued by DENR annually, the Cease and Desist Order power of the Pollution Adjudication Board and the EIA system for new firms. |
DENR (for control and regulation of industrial effluents)/ FPA (for regulation of fertilizer and pesticide use that may result in agricultural run-off) and NWRB (setting policies for the conservation and improvement of the quality of Philippine water resources) |
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| Water quality regulation (coastal and marine waters) |
Standards are set for water quality management. |
PD 1152/DAO 34/PD 979 (1978) |
Coastal and marine waters are classified as: water for propagation, survival and harvesting of shellfish for commercial purposes, tourist zones, national marine parks, coral reef parks etc.; water for recreational use such as bathing and swimming; water for spawning areas for some types of fish; water for fish and wildlife sanctuaries and water for industrial use. Criteria and standards are set for each water classification.
To ensure that those standards are met, regulations are set based on sources of water pollution. Two types of pollution have been identified for marine waters: land-based and sea-based. DENR has jurisdiction over land-based pollution sources while PCG has jurisdiction over sea-based pollution sources.
|
DENR/PCG |
Conflict sometimes arises over the issuance of permits between the two agencies. |
| Groundwater regulations |
Standards are set for water quality management. |
PD 1152/DAO 34 |
Standards for groundwater are set depending on the use of the water. |
DENR/NWRB |
Groundwater regulations are difficult to enforce because of the difficulty in determining which person or entity is responsible for water contamination or pollution. In view of that problem, responsibility for ensuring groundwater quality rests on the regulation of use which is outside DENR jurisdiction. NWRB issues water permits prior to construction of facilities. |
| Waste management |
Regulations on garbage disposal |
PD 825 (1975) |
The law requires that all garbage and other waste matter be placed in proper receptacles for garbage collection. Violators are liable to a jail penalty of not less than five days nor more than one year, or fine of not less than P100 and no more than two P2,000, or both. LGUs are the primary monitoring bodies and are responsible for the provision of a solid waste disposal system, environmental management system or services, or facilities related to general hygiene and sanitation. Installation of facilities for sanitary landfills, incineration and composting plants, however, is subject to EIA requirements. |
LGUs |
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| Toxic and hazardous waste management |
Regulation on the use, transport, storage, import, export, distribution, manufacture and processing of chemicals and chemical substances as well as hazardous and nuclear wastes. |
RA 6969 (1990) |
The regulation provides for penalties and sanctions over the use of chemicals and chemical substances which are not included in the Philippine Inventory of Chemicals and Chemical Substances. The penalty for the violation of the regulations imposed by the Republic Act is imprisonment of six months and one day up to six years and one day and/or a fine ranging from P600 - P4,000, or both. It is also prohibited to cause, aid or facilitate directly or indirectly the importation to or storage on, Philippine territory of any amount of hazardous or nuclear waste. It is both a criminal and an administrative offence. The penal sanction is imprisonment of 12 years and one day up to 20 years. |
DENR |
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