Environmental Laws
and Regulations
Historical Background
• Environmental regulations have
existed for centuries.
• In about 1300 A.D., King Edward
II of England reportedly ordered
any person burning coal to be
hanged because of poor quality
of air
• The first significant laws were
federal statutes passed in the
United States in the 1970’s
dealing with air and surface water
quality and hazardous waste
Why are Environmental Laws
Passed?
• After environmental problems
were understood and made
public, citizens and US congress
had to be convinced of the
seriousness of the risks, so laws
could be passed to protect
human health and environment.
Who governs environmental laws and
policies?
• Environmental Protection
Agency (EPA) is the primary
agency responsible for protecting
the environment, although
several other agencies are also
involved in particular areas.
The Philippine Environmental Laws
(1987 Philippine Constitution)
• Executive Order No. 192
designated the Department of
Environment and Natural
Resources (DENR)
• Environmental Management
Bureau (EMB) is specifically
tasked to implement,
recommend, and provide
technical assistance for their
implementation and monitoring
Philippine Environmental Law
Environmental Impact Statement
System P.D. 1586
 -No projects shall be
implemented without an
Environmental Compliance
Certificate (ECC)
Pollution Control Law P.D. 984
 Provides permitting requirements
 Provides penalty provisions
 Provides Air and Water Standard
Environmental Impact Statement
(EIS) System DAO 2003-30
• Clarification on the Scope of the
Philippine EIS System.
• Simplification of Requirements for
Securing ECC.
• Streamlining of Procedures.
• Strengthening the
Implementation of the Philippine
EIS System
Amending an ECC
Major Amendment
 Expansion of land/project
area
 Increase in production
capacity
 Major change/s in process
flow or technology
Minor Amendment
 Typographical error
 Extension of deadlines for
submission of post-ECC
requirement/s
 Extension of ECC validity
 Change in company
name/ownership
 Decrease in land/project
area or production
capacity
Monitoring of Projects with ECCs
into:
• Multipartite Monitoring Team
(MMT)
 Environmental Monitoring
Fund
• Self-monitoring and Third Party
Audit
• Environmental Guarantee Fund
 Mandatory Environmental
Insurance Coverage (AO
2005-06)
• Abandonment
Fees, Fines and Penalties
• Upon submission of the
application shall pay filing fees
and other fees in accordance with
prescribed standard cost and
fees.
Stationary Sources
• Penalty of suspension or
cancellation of ECC and/or fine of
not more than P50,000/violation
 Projects established
and/or operating without
ECC
 Projects violating ECC
conditions, EMP, Rules
and Regulation
 Misrepresentation in the
EIS/IEE or any other
Documents submitted
Clean Air Act (CAA) of 1999
• A comprehensive policy and
program for air quality
management in the country.
• DENR Administrative Order No.
2000-81 is the Implementing
Rules and Regulations of this
Act.
Pollution sources can be classified
• Mobile sources
 vehicles like cars, trucks,
vans, buses, jeepney,
tricycles and motorcycles.
• Point/Stationary sources
 industrial firms and the
smoke stacks of power
plants, hotels and other
establishments
• Area sources
 Refer to sources other
than above, this include
smoking, burning of
garbage, and dust from
construction, unpaved
ground and the like.
• All sources of air pollution must
have a valid Permit-to-Operate.
• 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 purposes 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
application for 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 before the
expiration date and upon
payment or the required fees and
compliance with 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.
Fines & Penalties
• A fine of < P 100,000.00 for
everyday of violation of standards
until such time that standards
have been complied with
• For violations of all other
provisions a fine of not less than
P 10,000 but nor more than
P100,000 or six (6) months to six
(6) years or both. If the offender
is a juridical person, the
president, manager, directors,
Fines, Damages and Penalties
trustees, the pollution control
officer of the officials directly in
charge of the operations suffer
the penalty.
Clean Water Act (CWA) of 2004
• General Application - Water
Quality Management in all water
bodies
• Primary Application -
abatement & control of pollution
Ecological Solid Waste Management
from land based sources
Act of 2000
• Enforcement of WQ standards,
regulations and penalties –
irrespective of source of pollution
• DENR Administrative Order No.
2005-10 is set as the
Implementing Rules and
Regulation of this ACT
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 the 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 its
issuance and must be renewed
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.
• A fine of not less than P 10,000
not more than P 200,000 for
every day of violation
• Gross Violation has a fine of not
less than P 500,000 but not more
than P3M per day or
imprisonment of not less than six
(6) years but not more than ten
(10) years or both.
• RA 9003 institute measures to
promote a more acceptable
system which corresponds to
the vision of sustainable
development. Generally, it aims
to merge environmental
protection with economic
pursuits, recognizing the re-
orientation of the community’s
view on solid waste, thereby
 providing schemes for waste
minimization, volume reduction,
resource recovery utilization and
disposal.
• The DENR Administrative Order
No-2001-34 issued on December
21, 2001 is set as the
Implementing Rules and
Regulations for R.A. 9003.
SWM Hierarchy
• Source reduction & minimization
of wastes
• Resource recovery, recycling &
reuse at the community/barangay
level
• Collection, proper transfer &
transport of wastes by
city/municipality
• Management/ destruction or
reuse of residuals / final disposal
Mandatory Segregation at Source
• Segregation shall be primarily
conducted at source to include:
– Household
– Institutional
– Industrial facility
– Commercial/business
establishment
– Agricultural area
Mandatory Solid Waste Diversion
• LGUs to divert 25% of solid
waste from waste disposal
facilities through resource
recovery activities within 5 years
• baseline to be derived from waste
characterization results
• goal to be increased every 3
years
Management of Residuals & Final
Disposal Sites
• Closure of all open dumpsites
• Conversion of all open dumpsites
to controlled dumps within 3
years to operate only within five
(5) years.
• Minimum requirements in siting,
designing and operation of
disposal sites
• Sec. 48 (3)
• Open burning is not allowed
Fines and Penalties
• Depending on the Prohibited Acts
that is committed penalty ranges
from P300.00 to P1,000,000.00
and/or imprisonment of 1 day to 6
years.
• If the offense is committed by a
corporation, partnership, or other
juridical entity the chief executive
officer, president, general
manager, managing partner or
such other officer-in-charge shall
be liable for the commission of
the offense penalized under this
Act.
Business and Industry Role
• To initiate, participate and invest
in integrated ecological solid
waste management projects
• To manufacture environmental-
friendly products, to introduce,
develop and adopt innovative
processes that shall recycle and
re-use materials, conserve raw
materials and energy, reduce
waste and prevent pollution
• To undertake community
activities to promote and
propagate effective solid waste
management practices
Toxic Substances & Hazardous
and Nuclear Waste
• The Act directs the Department of
Environment and Natural
Resources (DENR) to establish
rules, regulations, and programs
for controlling chemical
 substances and hazardous
wastes in the Philippines.
• The “Implementing Rules and
Regulations of Republic Act
6969” Department Administrative
Order 29 (DAO 29) was signed in
June of 1992. It provides a
general regulatory framework that
industry must meet to reach
compliance with RA 6969.
POLICY
• Regulate, limit, and prohibit
importation, manufacture,
processing, sale, distribution, and
use, and disposal of chemical
substances and mixtures that
present unreasonable risk to
public health and environment
• Prohibit the entry and disposal of
hazardous wastes into the
Philippines territorial limits
• Advance and facilitate research
on toxic chemicals and
hazardous wastes
Coverage of RA 6969
Chemical Management (Title II)
 virgin materials
Hazardous Waste Management (Title
III)
 “waste materials”
PROVISIONS OF TITLE II
(TOXIC CHEMICAL SUBSTANCES)
• Compile, maintain and update
and inventory of chemical
substances that are stored,
imported, exported, used,
processed, manufacture ,
transported in the country. The
inventory is known as the
Philippine inventory of chemicals
and chemical substances
(PICCS).
• Require manufacturers and
importers to submit pertinent data
and information on the existing
chemical substances that they
manufacture or import.
• Establish the Philippine Priority
Chemicals list( PCL).
• Require screening of new
chemical substances by seeking
all available information to asses
the risk posed by new chemical
substances to public health and
to the environment (PMPIN).
• Regulate, limit, gradually phase-
out, and ban those chemical
substances that are determined
to pose unreasonable risk to
public health and environment
through the issuance of CCOs.
Chemicals management
 Philippine Inventory of Chemical
and Chemical Substances
(PICCS)
 Pre-manufacture, Pre-Importation
Notification scheme (PMPIN)
 Priority Chemical List (PCL) -
DAO 98-29
 Chemical Control Orders (CCOs)
 Participation in international
treaties, agreements, etc.
PRIORITY CHEMICAL LIST (PCL)
• PCL includes selected chemicals
for the PICCS and new chemical
substances notification that pose
unreasonable risk to health and
environment.
• Specific criteria for inclusion of
chemical substances into PCL
and reporting requirements for
chemical substances in the PCL
shall be established and
published by DENR.
CHEMICAL CONTROL ORDERS
(CCO)
• CCOs are DENR orders that:
• Prohibit
• Limit
 • Regulate
• the use, manufacture, import,
export, transport, process,
storage, possession, sale of
those priority chemicals that
DENR determines pose hazard to
public health and environment.
• DENR establishes and publishes
the specific criteria and reporting
requirements for CCOs
Chemical Control Order (CCOs)
DAO 97-38: CCO for Mercury and its
compounds
ban, regulated and /or limited use
DAO 97-39: CCO for Cyanide and its
compounds
 ban, regulated and/or limited use
DAO 2000-02: CCO for asbestos
 ban, regulated/selected/limited
use
DAO 2000-18: CCO for Ozone
Depleting
Substances (ODSs)
 ban and/or phase out
DAO 2004-01: for Polychlorinated
Biphenyls (PCBs)
 ban and/or phase out
POLICY ON HAZARDOUS WASTE
• Prohibit the entry, even in the
transit, or hazardous wastes and
their disposal into the Philippines
territorial limits.
• Management of hazardous waste
in a manner not to cause
pollution of the environment and
harm harm to public health and
natural resources.
• Make the waste generators
responsible for management and
disposal of hazardous wastes
and financially responsible for the
cost of proper storage, treatment,
and disposal of hazardous
wastes they generate.
KEY ACTORS
• Waste Generators: a person who
generates or produces, through
any commercial, industrial or
trade activities, hazardous
wastes.
• Waste Transporters: a person
who is licensed to transport
hazardous wastes.
• Waste Treater: a person who is
licensed to treat, store, recycle,
or dispose of hazardous wastes.
Updates on HazWaste
• DAO 2004-36 Procedural
Manual Title 3 of DAO 92/29
Schedule of Fees (Title II)
• PMPIN (abbreviated form):
P2,150.00/chemical
• PMPIN (detailed form):
P3,750.00/chemical
• Registration for chemicals under
CCO: P2,250.00/chemical
• Renewal of registration for
chemicals under CCO:
P1,450.00/chemical
• Importation clearance for
chemicals under CCO: P
700.00/chemical
• Certification of chemicals in the
PICCS: P 450.00/chemical
• Certification for PCL biennial
report: P 500.00/chemical
• Letter of intent for small quantity
importation: P 500.00/chemical
• Interim importation clearance for
other chemicals: P
500.00/chemical
Schedule of Fees (Title III)
• Registration of hazardous waste
generators: PhP 600.00
 • Annual Registration of
Transporters: PhP 500.00/vehicle
• Issuance of Manifest Form:
P100.00/manifest and P
500.00/hazardous
• Application fee for Notification of
the Export of Hazardous Wastes:
P 500.00/notification
• Registration Fee: P
15,000.00/facility
• TSD Facility Permit: P
5,000.00/facility
• Issuance of an Export or
Importation Clearance:
P2,000/clearance
• Registration of Importer of HW: P
5,000.00
PENALTIES
• Administrative violations of
Section 41 of IRR, and fees
î 10,000 to P50,000
• Criminal offenses of Section 42
(1) of IRR, and penalties
î P600 to P4,000, and
î 6 month to 6 years
imprisonment
• Criminal offenses of Section 13
(d) of RA 6969 Act, and penalties
î 12 to 20 years
imprisonment (persons)
î 12 to 20 years
imprisonment and at least
P500,000 (corporate)