Environmental Laws

• 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
• Environmental law


  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 as well as plans to mitigate the impacts
• EIS System


  • Concerned primarily with assessing the direct and indirect impacts of a project on the biophysical and human environment and ensuring 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 shall be guided by environment considerations being integrated into overall project planning, assessment being technically sound and proposed environmental mitigation measures being effective, and social acceptability 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
  • The timelines prescribed apply only to processes and actions within the Environmental Management Bureau's (EMB) control and do not include actions or activities that are the responsibility of the proponent
• 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 project, which is the acquisition of approvals from other government agencies and LGUs, 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.
• Applying for ECC


  1. Submit letter to DENR-EMB requesting ECC

  2. Provide project description, indicating raw materials, process/manufacturing technology, estimated capacity, type and volume of products and discharges

  3. Provide proof of possession of necessary capital for proposed project, including location map and manpower requirements

  4. Conduct Impact Assessment and Environmental Management Plan

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

  6. DENR-EMB approves and issues ECC if all requirements are satisfied and no apparent serious environmental damage shall result from the project

  7. In cases where 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
• DENR Administrative Order 36, S 2004: Hazardous Waste Management is 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, in accord with the best principles of public health, economics, engineering, conservation, aesthetics, other environmental considerations, and public attitudes. The Act provides for a comprehensive ecological solid waste management program by creating the necessary institutional mechanisms and incentives, appropriating funds, declaring certain acts prohibited, and providing penalties.
• Institutional Mechanism under RA 9003

  • Establishment of a National Solid Waste Management Commission (NSWMC) and Solid Waste Management Board (SWMB) in each local government unit (LGU), represented by public officials and the private sector. The Commission shall serve as the coordinating body and develop and implement the National Solid Waste Management Framework. The SWMB is directed to formulate a 10-year local Ecological Solid Waste Management Plans instituting an effective and sustainable solid waste management plan with primary emphasis on implementation of all feasible re-use, recycling and composting programs.
• Comprehensive Solid Waste Management under RA 9003

  1. Waste Characterization and Segregation: Solid waste generated within the area of jurisdiction shall be characterized for initial source reduction and recycling element of the local waste management plan. Separate containers are required for each type of waste, and waste segregation shall primarily be conducted at the source.

  2. Source Reduction: LGUs are expected to divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling and composting activities, with the rate of waste diversion set to increase every three (3) years.

  3. 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, and all personnel directly dealing with collection of solid waste must be equipped with personal protective gears.

  4. Recycling Program: The Department of Trade and Industry (DTI) 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. LGUs are mandated to establish Materials Recovery Facility (MRF) in each barangay or cluster of barangays.

  5. Composting: The Department of Agriculture (DA) shall publish an inventory of existing markets and demands for composts that is updated annually.
• Local Government Solid Waste Management under RA 9003

  • 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 reinforce provisions of the Local Government Code for all provinces, cities, municipalities, and barangays to consolidate or coordinate efforts, services and resources to establish common waste treatment and disposal facilities.
• Incentive Scheme under RA 9003

  • 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 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
  • Extension of financial services to individuals, enterprises or private entities engaged in solid waste management and grant entitlement to outstanding LGUs
  • Incentives for LGUs who host common waste management facilities
• 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
  • Importation of toxic wastes misrepresented as "recyclable" or "harmless"
• 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
• Prohibited acts under the Solid Waste Management Act

  • 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
• The 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
• The 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)
• Governing Boards under the Philippine Clean Water Act


  Multi-sectoral groups established to manage water quality issues within their jurisdiction, composed of representatives of mayors and governors, local government units, relevant national government agencies, non-government organizations, the water utility sector and the business sector
• Functions of the Governing Boards

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

  1. All owners or operators of facilities that discharge wastewater are required to get a permit from the DENR or the Laguna Lake Development Authority

  2. Existing industries without any permit are given 12 months from the effectivity of the implementing rules and regulations to secure a permit
• Domestic wastewater management


  1. DPWH, in coordination with LGUs, will prepare a national program on sewage and septage management within 12 months

  2. LGUs will provide the land and road right of way for the construction of sewage and/or septage treatment facilities, and raise funds for the operations and maintenance

  3. DOH will formulate guidelines and standards for the collection, treatment and disposal of sewage, and the establishment and operation of centralized sewage treatment system

  4. MWSS and other agencies are required to connect existing sewage lines, subject to payment of sewerage service charges/fees, within 5 years
• Wastewater discharge charge


  An economic instrument developed in consultation with stakeholders to encourage investments in cleaner production and pollution control technologies
• Wastewater discharge better than water quality criteria

  Rewards will be given
• Fiscal and non-fiscal incentives

  Given to LGUs, water districts, enterprises, private entities and individuals who develop and undertake outstanding and innovative projects in water quality management
• Environmental Guarantee Fund (EGF)

  Required for all possible dischargers as part of their environmental management plan, to finance the conservation of watersheds and aquifers, and the needs of emergency response, clean up or rehabilitation
• Prohibited acts under the Philippine Clean Water Act

  • Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body
  • Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater
  • Operating facilities that discharge regulated water pollutants without the valid required permits
  • Disposal of potentially infectious medical waste into sea by vessels
  • Unauthorized transport or dumping into waters of sewage sludge or solid waste
  • Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act
  • Discharging regulated water pollutants without the valid required discharge permit
  • Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan
  • Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR
  • Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR
  • Directly using booster pumps in the distribution system or tampering with the water supply in such a way to alter or impair the water quality
  • Operate facilities that discharge or allow to seep, prohibited chemicals, substances, or pollutants listed under R.A. No. 6969, into water bodies
  • Undertake activities or development and expansion of projects, or operating wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR
• Fines and penalties for violators of the Philippine Clean Water Act

  • Fine of not less than Php 10,000 but not more than Php 200,000 per day of violation for discharging untreated wastewater
  • Imprisonment of not less than 2 years and not more than 4 years, plus a fine of not less than Php 50,000 and not more than Php 100,000 per day of violation for failure to undertake clean-up operations willfully
  • Imprisonment of not less than 6 years and 1 day and not more than 12 years, plus a fine of Php 500,000/day for each day the contamination or omission continues, for failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination
  • Fine of not less than Php 500,000 but not more than Php 3,000,000 per day of violation for cases of gross violation, plus criminal charges
• Roles of key government agencies in implementing the Philippine Clean Water Act

  • DENR - primary government agency responsible for implementation and enforcement, with the support of other government organizations, LGUs, NGOs and the private sector
  • Philippine Coast Guard - enforce water quality standards in marine waters, specifically from offshore sources
  • DPWH - provide sewerage and sanitation facilities, and the efficient and safe collection, treatment and disposal of sewage
  • Department of Agriculture - formulate guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities
  • Department of Health - set, revise and enforce drinking water quality standards
  • Department of Science and Technology - evaluate, verify, develop and disseminate pollution prevention and cleaner production technologies
  • DepEd, CHED, DILG, PIA - prepare and implement a comprehensive and continuing public education and information program
• The Toxic Substances, Hazardous, & Nuclear Wastes Control Act of 1990 aims to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures the present unreasonable risk to human health, and prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits
• The Philippine Mining Act of 1995 institutes a new system of mineral resources exploration, development, utilization, and conservation