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MAJOR ENVIRONMENTAL LAWS

REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

In partnership with stakeholders, the law aims to adopt a systematic, comprehensive and ecological
solid waste management program that shall ensure the protection of public health and environment.
The law ensures proper segregation, collection, storage, treatment and disposal of solid waste through
the formulation and adaptation of best eco-waste products.

REPUBLIC ACT 9275 PHILIPPINE CLEAN WATER ACT OF 2004

The law aims to protect the country's water bodies from pollution from land-based sources (industries
and commercial establishments, agriculture and community/household activities). It provides for
comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and
participatory approach involving all the stakeholders.

REPUBLIC ACT 8749 PHILIPPINE CLEAN AIR ACT OF 1999

The law 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 6969 TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL ACT OF 1990

The law 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. It
likewise prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into the
Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research
and studies on toxic chemicals.

PRESIDENTIAL DECREE 1586 ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF 1978

The Environment Impact Assessment System was formally established in 1978 with the enactment of
Presidential Decree no. 1586 to facilitate the attainment and maintenance of rational and orderly
balance between socio-economic development and environmental protection. EIA is a planning and
management tool that will help government, decision makers, the proponents and the affected
community address the negative consequences or risks on the environment. The process assures
implementation of environment-friendly projects.

This review of the Philippine Environmental Impact Statement (EIS) System has a three-fold objective.

1) it aims to determine whether the existing EIS System meets the international practice for
environmental assessment.
2) it aims to assess the efficiency and effectiveness of the system in terms of protecting the
environment and promoting balanced socio-economic development through regulation and
improved project planning.
3) it hopes to come up with concrete action programs to address gaps and weaknesses of the system
vis--vis international practice and to set the agenda for reform toward a more efficient and
effective system.

OVERVIEW OF THE PHILIPPINE EIS SYSTEM (PEISS)

1) Basic Policy and Operating Principles of the PEISS Consistent with the principles of sustainable
development, it is the policy of the DENR to implement a systems-oriented and integrated approach to
the EIS system to ensure a rational balance between socio-economic development and environmental
protection for the benefit of present and future generations. The following are the key operating
principles in the implementation of the Philippine EIS System:

a) The EIS System is 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.
b) The EIS System aids Proponents in incorporating environmental considerations in planning their
projects as well as in determining the environments impact on their project.
c) Project Proponents are responsible for determining and disclosing all relevant information necessary
for a methodical assessment of the environmental impacts of their projects;
d) The review of EIA Reports by EMB shall be guided by three (3) general criteria: (1) that environmental
considerations are integrated into the overall project planning, (2) that the assessment is technically
sound and proposed environmental mitigation measures are effective, and (3) that the EIA process is
based on a timely, informed and meaningful public participation of potentially-affected communities;
e) Effective regulatory review of the EIA Reports depends largely on timely, full, and accurate disclosure
of relevant information by project Proponents and other stakeholders in the EIA process;
f) The timelines prescribed within which a decision must be issued apply only to processes and actions
within the Environmental Management Bureaus (EMB) control and do not include actions or activities
that are the responsibility of the Proponent.

2) Definition of EIA

An Environmental Impact Assessment (EIA) is a process that involves predicting and evaluating the
likely impacts of a project (including cumulative impacts) on the environment during construction,
commissioning, operation and abandonment. It also includes designing appropriate preventive,
mitigating and enhancement measures addressing these consequences to protect the environment and
the communitys welfare.

3) Purpose of the EIA Process

As a basic principle, EIA is used to enhance planning and guide decision-making. In this Manual, EIA is
primarily presented in the context of a requirement to integrate environmental concerns in the planning
process of projects at the feasibility stage. Through the EIA Process, adverse environmental impacts of
proposed actions are considerably reduced through a reiterative review process of project siting, design
and other alternatives, and the subsequent formulation of environmental management and monitoring
plans. A positive determination by the DENR-EMB
OVERVIEW OF THE PHILIPPINE EIS SYSTEM (PEISS)

Basic Policy and Operating Principles of the PEISS

Definition of EIA

Purpose of the EIA Process

The EIA Process in Relation to the Project Cycle

The EIA Process in Relation to Enforcement of Other Laws

The EIA Process in Relation to Other Agencies Requirements

Basic Policy and Operating Principles of the PEISS

Consistent with the principles of sustainable development, it is the policy of the DENR to implement a
systems-oriented and integrated approach to the EIS system to ensure a rational balance between socio-
economic development and environmental protection for the benefit of present and future generations.
The following are the key operating principles in the implementation of the Philippine EIS System:

a.) The EIS System is 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.

b.) The EIS System aids proponents in incorporating environmental considerations in planning their
projects as well as in determining the environments impact on their project.

c.) Project proponents are responsible for determining and disclosing all relevant information necessary
for a methodical assessment of the environmental impacts of their projects;

d.) The review of EIA Reports by EMB shall be guided by three (3) general criteria: (1) that environmental
considerations are integrated into the overall project planning, (2) that the assessment is technically
sound and proposed environmental mitigation measures are effective, and (3) that the EIA process is
based on a timely, informed and meaningful public participation of potentially-affected communities;
e.) Effective regulatory review of the EIA Reports depends largely on timely, full, and accurate disclosure
of relevant information by project proponents and other stakeholders in the EIA process;

f.) The timelines prescribed within which a decision must be issued apply only to processes and actions
within the Environmental Management Bureaus (EMB) control and do not include actions or activities
that are the responsibility of the proponent.

Definition of EIA

An Environmental Impact Assessment (EIA) is a process that involves predicting and evaluating the
likely impacts of a project (including cumulative impacts) on the environment during construction,
commissioning, operation and abandonment. It also includes designing appropriate preventive,
mitigating and enhancement measures addressing these consequences to protect the environment and
the communitys welfare.

Purpose of the EIA Process

As a basic principle, EIA is used to enhance planning and guide decision-making. In this Manual, EIA is
primarily presented in the context of a requirement to integrate environmental concerns in the planning
process of projects at the feasibility stage. Thru the EIA Process, adverse environmental impacts of
proposed actions are considerably reduced thru a reiterative review process of project siting, design and
other alternatives, and the subsequent formulation of environmental management and monitoring
plans. A positive determination by the DENR-EMB results to the issuance of an Environmental
Compliance Commitment (ECC) document which shall be conformed with by the proponent and
represents the projects Environmental Compliance Certificate. The release of the ECC allows the project
to proceed to the next stage of project planning, which is the acquisition of approvals from other
government agencies and LGUs, after which the project can start implementation.

The EIA Process in Relation to the Project Cycle

a.) The EIA study shall determine the environmental impacts of the project and shall provide
recommendations/guidance at various stages of the project cycle. However, it is during the Feasibility
Study (FS) stage, during which a proponent is defining its range of actions and considering project
alternatives, thus, it is the most ideal stage in the project cycle wherein the EIA study will have most
added value. EIA documents are ideally prepared when prospective proposals are more concrete than
mere concept but is preferably available before the project has reached a stage of investment or
commitment towards implementation. Proponents are in fact directed under Executive Administrative
Order No. 42 to conduct simultaneously the environmental impact study and the project planning or
Feasibility Study (FS).

b.) The correspondence of the EIA process in relation to the project cycle is defined in Figure 1-1, and
described as follows:

i. Between the Project Concept and Pre-Feasibility Stages of the project cycle, EIA-related activities
include self-screening whether the development proposal is covered or not by the Philippine EIS System,
and if so covered, the self-determination of all requirements in preparation for the application process.
At this stage the proponent undertakes an initial rapid site and impact assessment to determine the
criticality of the project location and have an initial scope of key issues.

ii. During the preparation of the project FS, the proponent initiates the detailed environmental impact
assessment. The formulated environmental management plans to prevent or mitigate impacts and the
corresponding costs and benefits are then inputted into the FS as a basis for decision making of the
proponent on its final project option, siting and design. It is at this stage when the formal EIA
application is initiated, wherein positive review and evaluation of the submitted EIA documentation is
expected to result to an issuance of a DENR decision document containing the proponents
commitments and other requirements for the proponent to comply with existing environmental
regulations and environmental best practices.

iii. During the projects Detailed Engineering Design (DED) stage, which is post-ECC, the generic
measures identified during the EIA study at the FS stage will now be detailed based on the project
facility design and operational specifications. Additional baseline monitoring may also be required prior
to construction or implementation of the project to provide a more substantive basis for defining the
environmental management and monitoring plans.

iv. Upon initiation of Project Construction/Development/Operations and throughout the project


lifetime, environmental mitigation measures are fully implemented, and monitoring of the proponents
environmental performance is continuously done, findings and learnings from which shall be fed back
into the project cycle for continual improvement of the project, with corresponding updating of the
environmental management plans of the project. Major improvements may need new formal
applications for DENR approvals, which shall then be related to previous approvals for an integrated
environmental management approach of the project.
Figure 1-1. EIA Process within the Project Cycle

The EIA Process in Relation to Enforcement of Other Laws

The PEISS is supplementary and complementary to other existing environmental laws. As early as the
projects Feasibility Study (FS) stage, the EIA process identifies the likely issues or impacts that may be
covered later by regional environmental permits and other regulatory bodies permitting requirements.
In addition, where there are yet no standards or where there is a lack of explicit definitions in existing
laws, the EIA process fills in the gap and provides appropriate cover for environmental protection and
enhancement-related actions. For example, the planting of greenbelts is not a requirement under any
environmental law but is included in the ECC as a contractual obligation and commitment of the project
proponent to the DENR.

The EIA Process in Relation to Other Agencies Requirements

While the EIA Process undertakes an integrated approach in the review and evaluation of environment-
related concerns of government agencies (GAs), local government units (LGUs) and the general public, it
segregates the documentary regulatory requirements of such agencies and LGUs from those within the
DENR-EMB mandate.

a.) The practice of prior production of government-issued documents in EIA review shall be stopped.
This practice makes the EIA process ineffective considesring the fact that those permits, certificates,
licenses, clearances, MOA or other government documents were issued without proper review of
environmental and social concerns.

b.) Issues outside the DENR-EMB purview shall be resolved thru the expert judgment of concerned
agencies but with guidance from the EIA review process on the considerations for such decisions. For
example, social acceptability of a project shall be for the LGU to decide but technical acceptability of the
projects social impact assessment and its corresponding commitments to address social impacts shall
be within the jurisdiction of DENR-EMB to make a decision on.

c.) EIA preparers and/or project proponents anticipating negative findings in the EIA may pre-empt
those findings by obtaining and including in their report the decision and permits from the relevant
government agencies. The EIARC and EIA case handler should examine closely the intent and purpose of
any permit and documentations normally obtained after the FS or will be affected by the EIA process.

Example #1: A major proponent would like to construct a commercial center adjacent to a forest
reserve. Anticipating that the EIA will recommend limiting any development in the area to agriculture
and at most low density housing, the Project Proponent will include in its EIA submission permits and
documentations from other government agencies classifying the area as commercial zone.

Example #2: If the EIA review finds a coral reef of ecological significance, it will recommend its exclusion
from the reclamation permit. If the reclamation permit has been issued before the EIA was evaluated, it
will be difficult to amend the reclamation permit to exclude the ecologically sensitive area.

d.) In summary, the appropriate practice shall be for the findings of the EIA to provide recommendations
to such agencies. The EIA evaluation must be done prior to the issuance of their respective decision
documents. Hence, the final decision whether a project should be implemented or not lies with the
LGUs who have spatial jurisdiction over the project or with the lead government agency who has
sectoral mandate to promote the government program where the project belongs, e.g. DOE for energy
projects.

Any project in the Philippines that poses a potential environmental risk or impact (such as mining,
agriculture projects, and construction) is required to secure an Environmental Compliance Certificate
(ECC) from the Department of the Environment and Natural Resources Environmental Management
Board (DENR-EMB).

An ECC is issued by DENR-EMB after a positive review of the projects application. This certificate
indicates that the proposed project or undertaking will not cause a significantly negative impact on the
Philippine environment. The ECC contains specific measures and conditions that must be met by the
project proponent before and during the operation of the project. In some cases, conditions are listed to
be performed during the projects abandonment phase to lessen identified potential environmental
impacts.

An ECC also certifies that the proponent has complied with all the requirements of the Environmental
Impact Statement (EIS) System and has committed to implement its approved environmental
management plan.

Requirements:

Letter of request to DENR-EMB stating desire to receive ECC;


Project Description, indicating raw materials to be used and process or manufacturing technology to
be implemented;
Estimated project capacity, type and volume of products and discharges; and
Proof of possession of necessary capital for proposed project:
Location map of project area, and
Manpower requirements.

_
Procedure:

Conduct Impact Assessment and Environmental Management Plan;


Submit application letter to DENR-EMB for review and subsequent site inspection;
Approval and ECC is issued if all requirements are satisfied and no apparent serious environmental
damage shall result from the project
In cases where DENR-EMB finds that an ECC is not applicable, a Certificate of Non-Coverage (CNC) shall
be issued confirming that the proposed project is not part of the Environmental Impact Statement (EIS)
and poses no environmental threat.

Environmental Impact Assessment (EIA)

Is a formal process of identifying and predicting the impacts of a proposed action on environmental
integrity and human welfare.

An Environmental Impact Assessment (EIA) is a multi-disciplinary approach to determine the positive or


negative impact a project might have on its locations surrounding environment. With proper
investigation, the EIA should predict and evaluate the likely impacts of a project (including cumulative
impacts) on the environment during construction, commission, operation and abandonment. By
predicting the likely impacts, it allows organizations to develop environmental management plans and
systems to help safeguard the environment.

The decision to use an EIA to determine how environmental systems affect the Philippines was
established in 1978 under Presidential Decree No. 1586, where President Ferdinand Marcos declared
that there must be national balance between environmental protection and socio-economic growth. It
was thought that companies would readily comply with the countrys development goals if given the
proper framework for monitoring and submission, and the imposition of a maximum fine of Php 50,000.

By studying the project and discussing the possible risks with the stakeholders, Triple i Consulting can
work with the management to quickly develop a suitable environmental management plan that
complies with the standards of DENR.

Triple is environmental consulting division has a team of environmental scientists with diverse
backgrounds. Our teams skill sets allow us to conduct studies for possible environmental risks to any
project locations surrounding areas in the Philippines.

ABOUT THE ENVIRONMENTAL COMPLIANCE ASSISTANCE CENTER

An Environmental Compliance Assistance Center (ECAC) is a service organization that assists


establishments to improve their environmental management performance and enables them to comply
with prevailing environmental laws, rules, regulations and standards. The greater objective is to
contribute to protecting the environment in potentially affected communities.
Simply described, an ECAC comprises activities, tools or technical assistance which provide clear and
consistent information for regulated establishments to help them understand the applicable
environmental regulations and be able to comply with their obligations under those regulations.
PURPOSE OF THE ECAC

The main purpose of an ECAC is expressed in its name to assist establishments to comply with
environmental laws and standards. Its services include assistance in

1) Clarifying environmental laws, regulations and standards.


2) How to comply with the laws and regulations, including familiarization with permits and how to
secure them.
3) Assistance in identifying applicable technologies for pollution abatement and/or waste reduction,
including their providers.

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