GENVI MODULE 3 UNIT 3

• Environmental law


  Regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals
• Environmental law does not just cover government legislation, it can also describe a desire by businesses and other organizations, and their regulators to work towards improving ethical principles by setting regulation and industry standards for operating licenses
• Environmental Impact Statement (EIS)


  A document prepared to describe the impacts or effects of proposed activities to the environment, including impacts of alternatives and plans to mitigate the impacts
• EIS System


  • Assesses the direct and indirect impacts of a project on the biophysical and human environment and ensures that these impacts are addressed by appropriate environmental protection and enhancement measures
  • Aids proponents in incorporating environmental considerations in planning their projects as well as in determining the environment's impact on their project
  • Project proponents are responsible for determining and disclosing all relevant information necessary for a methodical assessment of the environmental impacts of their projects
  • Review of the EIS by EMB is guided by three general criteria: environment considerations are integrated into overall project planning, assessment is technically sound and proposed environmental mitigation measures are effective, and social acceptability is based on informed public participation
  • Effective regulatory review of the EIS depends largely on timely, full, and accurate disclosure of relevant information by project proponents and other stakeholders in the EIA process
  • The social acceptability of a project is a result of meaningful public participation, which shall be assessed as part of the Environmental Compliance Certificate (ECC) application, based on concerns related to the project's environmental impacts
• Environmental Compliance Certificate (ECC)


  • A document issued by the Department of Environmental Natural Resources Environmental Management Bureau (DENR-EMB) that allows the project to proceed to the next stage of planning, after which the project can start implementation
  • The certificate implies that the proponent complied with the requirements and the project will not cause a significantly negative impact on the Philippine environment
  • It also certifies that the proponent is committed to implement its approved Environment Management Plan
• Applying for ECC


  1. Letter to request to DENR-EMB to receive ECC

  2. Provide project description, indicating raw materials to be used and process or manufacturing technology to be implemented

  3. Provide estimated project capacity, type and volume of products and discharges

  4. Provide proof of possession necessary capital for proposed project

  5. Provide location map of project area

  6. Provide manpower requirements
• Procedure for ECC


  1. Conduct Impact Assessment and Environmental Management Plan

  2. Submit application to DENR-EMB for review and subsequent site inspection

  3. If all requirements are satisfied and no apparent serious environmental damage shall result, ECC is issued

  4. If DENR-EMB finds that ECC is not applicable, a Certificate of Non-Coverage (CNC) shall be issued
• Certificate of Non-Coverage (CNC)

  A certification issued by the EMB certifying that, based on the submitted project description, the project is not covered by the EIS System and is not required to secure an ECC
• Other Laws and Ordinances in the Philippines

  • DENR Administrative Order 36, S 2004: Hazardous Waste Management
  • Republic Act 9003: Ecological Solid Waste Management Act of 2000
• DENR Administrative Order 36, S 2004: Hazardous Waste Management


  Designed to track hazardous waste from the time it leaves the generator facility where it was produced, until it reaches the off-site waste management facility that will store, treat or dispose of the hazardous waste
• Environmental law


  Regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals
• Environmental law does not just cover government legislation, it can also describe a desire by businesses and other organizations, and their regulators to work towards improving ethical principles by setting regulation and industry standards for operating licenses
• Philippine Environmental Laws and Ordinances

  • Environmental Impact Statement System (EIS)
  • Environmental Compliance Certificate (ECC)
  • DENR Administrative Order 36, S 2004: Hazardous Waste Management
  • Republic Act 9003: Ecological Solid Waste Management Act of 2000
• Environmental Impact Statement (EIS)


  A document prepared to describe the impacts or effects of proposed activities to the environment, including impacts of alternatives and plans to mitigate the impacts
• EIS System


  • Assesses the direct and indirect impacts of a project on the biophysical and human environment and ensures these impacts are addressed by appropriate environmental protection and enhancement measures
  • Aids proponents in incorporating environmental considerations in planning their projects and determining the environment's impact on their project
  • Project proponents are responsible for determining and disclosing all relevant information necessary for a methodical assessment of the environmental impacts of their projects
  • Review of the EIS by EMB is guided by 3 general criteria: environment considerations are integrated into overall project planning, assessment is technically sound and proposed environmental mitigation measures are effective, and social acceptability is based on informed public participation
• Environmental Compliance Certificate (ECC)

  A document issued by the DENR-EMB that allows a project to proceed to the next stage of planning, after which the project can start implementation. It certifies that the proponent complied with the requirements and the project will not cause a significantly negative impact on the Philippine environment, and that the proponent is committed to implement its approved Environment Management Plan
• Procedure for obtaining ECC

  1. Conduct Impact Assessment and Environmental Management Plan

  2. Submit application to DENR-EMB for review and subsequent site inspection

  3. Approval and ECC is issued if all requirements are satisfied and no apparent serious environmental damage shall result from the project

  4. In cases where DENR-EMB finds that ECC is not applicable, a Certificate of Non-Coverage (CNC) shall be issued
• Other Laws and Ordinances in the Philippines

  • DENR Administrative Order 36, S 2004: Hazardous Waste Management
  • Republic Act 9003: Ecological Solid Waste Management Act of 2000
• DENR Administrative Order 36, S 2004: Hazardous Waste Management


  Designed to track hazardous waste from the time it leaves the generator facility where it was produced, until it reaches the off-site waste management facility that will store, treat or dispose of the hazardous waste
• Republic Act 9003: Ecological Solid Waste Management Act of 2000


  Describes solid waste management as a discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes, to be conducted in accord with the best principles of public health, economics, engineering, conservation, aesthetics, other environmental considerations, and public attitudes
• Institutional Mechanism under RA 9003

  1. Establishment of a National Solid Waste Management Commission (NSWMC) and Solid Waste Management Board (SWMB) in each local government unit (LGU)

  2. NSWMC serves as the coordinating body and develops and implements the National Solid Waste Management Framework

  3. SWMB formulates a 10-year local Ecological Solid Waste Management Plans
• Comprehensive Solid Waste Management under RA 9003

  1. Waste Characterization and Segregation

  2. Source Reduction

  3. Collection and Transport of Solid Waste

  4. Recycling Program

  5. Composting
• Waste Characterization and Segregation


  The solid waste generated within the area of jurisdiction shall be characterized for initial source reduction and recycling element of the local waste management plan. A separate container is required for each type of waste for on-site collection properly marked as "compostable", "non-recyclable", "recyclable" or "special waste". Waste segregation shall primarily be conducted at the source including household, commercial, industrial and agricultural sources.
• Source Reduction


  Methods by which the LGUs can reduce a sufficient amount of solid waste disposed within five (5) years. LGUs are expected to divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
• Collection and Transport of Solid Waste

  The geographic subdivisions are taken into account in the coverage of the solid waste collection area in every barangay ensuring 100% collection efficiency within 24 hours from all sources. The plan shall define and identify specific strategies and activities taking into account the availability and provision of properly designed containers in selected collection points while awaiting collection and transfer, segregation of different types of waste, hauling and transfer of solid waste from collection points to final disposal sites, issuance and enforcement of ordinances for effective implementation, and provision of properly trained officers and workers. All personnel directly dealing with collection of solid waste must be equipped with personal protective gears for their protection.
• Recycling Program


  The Department of Trade and Industry (DTI), in coordination with other concerned agencies, is directed to publish an inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal to stimulate demand for the production of recycled materials and products. LGUs are mandated to establish Materials Recovery Facility (MRF) in each barangay or cluster of barangays designed to receive, sort, process and store compostable and recyclable materials efficiently. The residual wastes shall then be transferred to a long-term storage or disposal facility or sanitary landfill.
• Composting


  The Department of Agriculture (DA) shall publish an inventory of existing markets and demands for composts that is updated annually. These composts intended for commercial distribution should conform to the standards set by the DA for organic fertilizers.
• Local Government Solid Waste Management

  NSWMC is mandated to publish guidelines for identification of areas with common waste management problems and appropriate units for clustering solid waste management services to encourage and facilitate the development of local plans.
• Incentive Scheme under RA 9003

  Provides 10-year tax and duty exemption on imported capital equipment, vehicles, legacies, gifts and donations used for collection of solid waste and tax credit equivalent to 50% of the national internal revenue taxes and custom duties. Non-fiscal incentives are granted to businesses and industries engaged in recycling of waste in the form of simplified procedures for importation of equipment, spare parts, new materials and supplies, and for the export of processed products. LGUs who host common waste management facilities can also receive incentives.
• Prohibited Acts under RA 9003

  • Littering, throwing, dumping of waste matters in public places
  • Undertaking activities in violation of sanitation operation
  • Open burning of solid waste
  • Causing non-segregated waste
  • Squatting in open dumps and landfills
  • Open dumping, burying of biodegradable materials in flood-prone areas
  • Unauthorized removal of recyclable material
  • Mixing of source-separated recyclable material with other solid waste
  • Establishment or operation of open-dumps
  • Manufacturing, distributing, using, and importing consumer products that are non-environmentally-friendly materials
  • Importing toxic wastes misrepresented as "recyclable" or "with recyclable content"
  • Transporting and dumping in bulk in areas other than facility centers
  • Site pre-development activities without ECC
• Prohibited acts under Chapter 6

  • Littering, throwing, dumping of waste matters in public places
  • Undertaking activities in violation of sanitation operation
  • Open burning of solid waste
  • Causing non-segregated waste
  • Squatting in open dumps and landfills
  • Open dumping, burying of biodegradable materials in flood-prone areas
  • Unauthorized removal of recyclable material
  • Mixing of source-separated recyclable material with other solid waste
  • Establishment or operation of open-dumps
  • Manufacturing, distributing, using, and importing consumer products that are non-environmentally-friendly materials
  • Importing toxic wastes misrepresented as "recyclable" or "with recyclable content"
  • Transporting and dumping in bulk in areas other than facility centers
  • Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate and not conforming with the land use plan of LGUs
  • Construction of establishment within 200 meters from dump sites or sanitary landfills
  • Operation of waste disposal facility on any aquifer, groundwater reservoir or watershed area
• Solid Waste Management Fund


  Special account in the National Treasury to finance products, facilities, technologies, and processes that would enhance proper solid waste management; awards and incentives; research programs; information, education, communication and monitoring activities; technical assistance; and capability building activities
• The Solid Waste Management Fund will be sourced from fines and penalties imposed, proceeds of permits and licenses, donations, endowments, grants and contributions and amount allocated under the annual General Appropriations Act
• Republic Act No. 8749: Philippine Clean Air Act of 1999 aims to achieve and maintain clean air that meets the National Air Quality guideline values for criteria pollutants, throughout the Philippines, while minimizing the possible associated impacts to the economy
• Republic Act No. 9275: Philippine Clean Water Act of 2004 aims to protect the country's water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities)
• Management of water quality issues under the Clean Water Act

  Localized, with multi-sectoral governing boards established to manage water quality issues within their jurisdiction
• Members of the Governing Boards


  • Representatives of mayors and governors as well as local government units
  • Representatives of relevant national government agencies
  • Duly registered non-government organizations
  • The concerned water utility sector
  • The business sector
• Functions of the Governing Boards

  • Formulate strategies to coordinate policies necessary for the effective implementation of the Clean Water Act
  • Create a multi-sectoral group to establish and effect water quality surveillance and monitoring
• Permit to discharge wastewater


  All owners or operators of facilities that discharge wastewater are required to get a permit to discharge from the 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 the Clean Water Act to secure a permit to discharge