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Philippine Environmental laws

REPUBLIC ACT NO. 9147


AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
CHAPTER I GENERAL PROVISIONS

1. Title. This act shall be known as the "Wildlife Resources Conservation and Protection A

Declaration of Policy. It shall be the policy of the State to conserve the country's es and their habitats for sustainability. In the pursuit of this policy, this Act shall ha ng objectives:

conserve and protect wildlife species and their habitats to promote ecological balan e biological diversity;
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egulate the collection and trade of wildlife;

pursue, with due regard to the national interest, the Philippine commitment to intern tions, protection of wildlife and their habitats; and

nitiate or support scientific studies on the conservation of biological diversity.

Scope of Application. The provisions of this Act shall be enforceable for all wildlife n all areas of the country, including protected areas under Republic Act No. 7586, oth as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats. T so apply to exotic species which are subject to trade, are cultured, maintained and/or y or propagated in the country.

Jurisdiction of the Department of Environment and Natural Resources and the Departm ture. The Department of Environment and Natural Resources (DENR) shall have jurisdicti estrial plant and animal species, all turtles and tortoises and wetland species, including to crocodiles, waterbirds and all amphibians and dugong. The Department of Agricultu ave jurisdiction over all declared aquatic critical habitats, all aquatic resources including to all fishes, aquatic plants, invertebrates and all marine mammals, except dugon ries of the DENR and the DA shall review, and by joint administrative order, revise and re

the list of species under their respective jurisdiction. In the Province of Palawan, juris conferred is vested to the Palawan Council for Sustainable Development pursuant to Repu 1. CHAPTER II DEFINITION OF TERMS Definition of Terms. As used in the Act, the term:

oprospecting" means the research, collection and utilization of biological and genetic re poses of applying the knowledge derived there from solely for commercial purposes;

-product or derivatives" means any part taken or substance extracted from wildlife, in ra sed form. This includes stuffed animals and herbarium specimens;

ptive-breeding/culture or propagation" means the process of producing individuals ed conditions or with human interventions;

llection or collecting" means the act of gathering or harvesting wildlife, its by-prod ives;

nservation" means preservation and sustainable utilization of wildlife, and/or mainte tion and enhancement of the habitat;

ically endangered species" refers to a species or subspecies that is facing extremely high on in the wild in the immediate future;

onomically important species" means species or subspecies which have actual or potentia e or utilization for commercial purpose;

dangered species" refers to species or subspecies that is not critically endangered but l in the wild is unlikely if the causal factors continue operating;

demic species" Means species or subspecies which is naturally occurring and found only areas in the country;

tic species" means species or subspecies which do not naturally occur in the country;

port permit" refers to a permit authorizing an individual to bring out wildlife from the Phil other country;

atuitous permit" means permit issued to any individual or entity engaged in noncom ic, or educational undertaking to collect wildlife;

abitat" means place or environment where species or subspecies naturally occur or has n shed its population;

port permit" refers to a permit authorizing an individual to bring in wildlife from another c

digenous wildlife" means species or subspecies of wildlife naturally occurring or has n shed population in the country;

roduction" means bringing species into the wild that is outside its natural habitat;

-export permit" refers to a permit authorizing an individual to bring out of the country a p ed wildlife;

cretary" means either or both the Secretary of the Department of Environment and ces and the Secretary of the Department of Agriculture;

reatened species" a general term to denote species or subspecies considered as c ered, endangered, vulnerable or other accepted categories of wildlife whose population is ction;

de" means the act of engaging in the exchange, exportation or importation, purchase or , their derivatives or by-products, locally or internationally;

aditional use" means utilization of wildlife by indigenous people in accordance with wri en rules, usage, customs and practices traditionally observed, accepted and recognized b

nsport permit" means a permit issued authorizing an individual to bring wildlife from on her within the territorial jurisdiction of the Philippines; chan robles virtual law library

ulnerable species" refers to species or subspecies that is not critically endanger ered but is under threat from adverse factors throughout their range and is likely to move ered category in the near future;

dlife" means wild forms and varieties of flora and fauna, in all developmental stages, in which are in captivity or are being bred or propagated;

ldlife collector's permit" means a permit to take or collect from the wild certain spec ies of wildlife for commercial purposes; and

dlife farm/culture permit" means a permit to develop, operate and maintain a wildlife b r conservation, trade and/or scientific purposes. CHAPTER III CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES ARTICLE ONE General Provision

Wildlife Information. All activities, as subsequently manifested under this Chapter, s zed by the Secretary upon proper evaluation of best available information or scientif g that the activity is, or for a purpose, not detrimental to the survival of the spe

cies involved and/or their habitat. For this purpose, the Secretary shall regularly update ation through research.

Collection of Wildlife. Collection of wildlife may be allowed in accordance with Section 6 rovided, That in the collection of wildlife, appropriate and acceptable wildlife co ues with least or no detrimental effects to the existing wildlife populations and their h kewise, be required: Provided, further, That collection of wildlife by indigenous people d for traditional use and not primarily for trade: Provided, furthermore, That collecti on for said purpose shall not cover threatened species: Provided, finally, That Section 23 ll govern the collection of threatened species.

Possession of Wildlife. - No person or entity shall be allowed possession of wildlife unle or entity can prove financial and technical capability and facility to maintain said w d, That the source was not obtained in violation of this Act.

Collection and/or Possession of By-Products and Derivatives. By-products and derivativ ected and/or possessed: Provided, That the source was not obtained in violation of this Act

0. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildl ts and derivatives collected or possessed through any other means shall be authorized me is prejudicial to the wildlife and public health.

1. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or im nother country as may be authorized by the Secretary or the designated representative, t compliance with the provisions of this Act and rules and regulations promulgated p : Provided, That the recipient of the wildlife is technically and financially capable to maint

2. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. ction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed o ion enhancement of recovery purposes subject to prior clearance from the Secretary zed representative pursuant to Section 6 of this Act. Any proposed introduction shall be ientific study which shall focus on the bioecology. The proponent shall also conduct ations with concerned individuals or entities.

3. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country, ance from the Secretary or the authorized representative is first obtained. In no case shal be introduced into protected areas covered by Republic Act No. 7586 and to critical h Section 25 hereof.

s where introduction is allowed, it shall be subject to environmental impact study whic n the bioecology, socioeconomic and related aspects of the area where the species ced. The proponent shall also be required to secure the prior informed consent from th olders.

4. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking ent, stipulating therein its compliance with and commitment(s) to reasonable term ons that may be imposed by the Secretary which are necessary to protect biological divers

cretary or the authorized representative, in consultation with the concerned agencies, g the necessary permit, shall require that prior informed consent be obtained by the ap he concerned indigenous cultural communities, local communities, management board c Act No. 7586 or private individual or entity. The applicant shall disclose fully the inte of the bioprospecting activity in a language and process understandable to the communi formed consent from the indigenous peoples shall be obtained in accordance with existin tion on the bioprospecting proposal by concerned bodies shall be made within a rea

ubmission of the complete requirements, the Secretary shall act on the research proposa nable period. chan robles virtual law library

applicant is a foreign entity or individual, a local institution should be actively involved h, collection and, whenever applicable and appropriate in the technological developmen ts derived from the biological and genetic resources.

5. Scientific Researches on Wildlife. Collection and utilization of biological resour ic research and not for commercial purposes shall be allowed upon execution aking/agreement with and issuance of a gratuitous permit by the Secretary or the aut ntative: Provided, That prior clearance from concerned bodies shall be secured bef e of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall l

6. Biosafety - All activities dealing on genetic engineering and pathogenic organisms nes, as well as activities requiring the importation, introduction, field release and bree ms that are potentially harmful to man and the environment shall be reviewed in acco e biosafety guidelines ensuring public welfare and the protection and conservation of ir habitats.

7. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propaga for commercial purposes shall be allowed by the Secretary or the authorized represe nt to Section 6 through the issuance of wildlife farm culture permit: Provided, Th es of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Pr , That commercial breeding operations for wildlife, whenever appropriate, shall be subjec mental impact study.

8. Economically Important Species. The Secretary, within one (1) year after the effectivity all establish a list of economically-important species. A population assessment of such e conducted within a reasonable period and shall be regularly reviewed and updated ry.

lection of certain species shall only be allowed when the results of the assessment sho certain extent of collection, the population of such species can still remain viable and cap ing its numbers. For this purpose, the Secretary shall establish a schedule and vol ble harvests.

ver an economically important species become threatened, any form of collection s ted except for scientific, educational or breeding/propagation purposes, pursuant

ons of this Act.

9. Designation of Management and Scientific Authorities for International Trade in Enda of Wild Fauna and Flora. For the implementation of International agreement on intern n endangered species of wild fauna and fora, the management authorities for terrestr resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the eries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of P plementation hereof is vested to the Palawan Council for Sustainable Development purs c Act No. 7611. chan robles virtual law library

vide advice to the management authorities, there shall be designated scientific authori rial and aquatic/marine species. For the terrestrial species, the scientific authorities shall ems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Bi s and the National Museum and other agencies as may be designated by the Secretary. and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine e, U.P. Visayas, Siliman University and the National Museum and other agencies as ated by the Secretary: Provided, That in the case of terrestrial species, the ERDB shall ch ic authorities, and in the case of marine and aquatic species, the U.P. Marine Science In air the scientific authorities.

0. Authority of the Secretary to Issue Permits. - The Secretary or the duly aut ntative, in order to effectively implement this Act, shall issue permits/certifications/clea rresponding period of validity, whenever appropriate, which shall include but not limited ng: (1 ) (2 ) (3 ) (4 ) (5 ) Wildlife farm or culture permit Wildlife collector's permit Gratuitous permit Local transport permit Export/Import/Reexport permit 3 to 5 years; 1 to 3 years; 1 year; 1 to 3 months; and 1 to 6 months.

permits may be renewed subject to the guidelines issued by the appropriate agency an ation with concerned groups.

21. Fees and Charges. - Reasonable fees and charges as may be determined upon consu e concerned groups, and in the amount fixed by the Secretary shall be imposed for the iss mits enumerated in the preceding section.

export of wildlife species, an export permit fee of not greater than three percentum (3% value, excluding transport costs, shall be charged: Provided, however, That in the determ esaid fee, the production costs shall be given due consideration. Cutflowers, leaves and t ed from farms shall be exempted from the said export fee: Provided, further, That fe s shall be reviewed by the Secretary every two (2) years or as the need arises and rev ccordingly, subject to consultation with concerned sectors. ARTICLE TWO Protection of Threatened Species

2. Determination of Threatened Species. - The Secretary shall determine whether any or subspecies is threatened, and classify the same as critically endangered, enda ble or other accepted categories based on the best scientific data and with due re tionally accepted criteria, including but not limited to the following:

sent or threatened destruction, modification or curtailment of its habitat or range;

r-utilization for commercial, recreational, scientific or educational purposes;

equacy of existing regulatory mechanisms; and

er natural or man-made factors affecting the existence of wildlife.

cretary shall review, revise and publish the list of categorized threatened wildlife within ter effectivity of this Act. Thereafter, the list shall be updated regularly or as the need d, That a species listed as threatened shall not be removed there from within three (3 ng its initial listing.

ling of a petition n or deletion of a t factors stated in said petition within

based on substantial scientific information of any person seeking species from the list, the Secretary shall evaluate in accordance w the first paragraph of this section, the status of the species concern a reasonable period.

cretary shall also prepare and publish a list of wildlife which resembles so closely in appe ted threatened wildlife, which species shall likewise be categorized as threatened.

3. Collection of Threatened Wildlife, By-products and Derivatives The collection of thre , as determined and listed pursuant to this Act, including its by-products and derivative wed only for scientific, or breeding or propagation purposes in accordance with Section 6 ovided, That only the accredited individuals, business, research, educational or scientific e allowed to collect for conservation breeding or propagation purposes.

4. Conservation Breeding or Propagation of Threatened Species Conservation bree ation of threatened species shall be encouraged in order to enhance its population in its . It shall be done simultaneously with the rehabilitation and/or protection of the habitat tive-bred or propagated species shall be released, reintroduced or restocked.

rcial breeding or propagation of threatened species may be allowed provided that the fo

m requirements are met by the applicant, to wit: ven effective breeding and captive management techniques of the species; and

mmitment to undertake commercial breeding in accordance with Section 17 of th neous with conservation breeding.

cretary shall prepare a list of threatened species for commercial breeding and shall re or update such list or as the need arises.

5. Establishment of Critical Habitats. - Within two (2) years following the effectivity of t cretary shall designate critical habitats outside protected areas under Republic Act No threatened species are found. Such designation shall be made on the basis of the best sc aking into consideration species endemicity and/or richness, presence of ma es/threats to the survival of wildlife living in the area, among others. chan robles virtual law library

gnated, critical habitats shall be protected, in coordination with the local government un oncerned groups, from any form of exploitation or destruction which may be detrimenta l of the threatened species dependent therein. For such purpose, the Secretary may acq se, donation or expropriation, lands, or interests therein, including the acquisition of us shment of easements or other undertakings appropriate in protecting the critical habitat. ARTICLE THREE Registration of Threatened and Exotic Species

6. Registration of Threatened and Exotic Wildlife in the Possession of Private Person or entity shall be allowed possession of wildlife unless such person or entity can prove f hnical capability and facility to maintain said wildlife. Twelve (12) months after the effect t, the Secretary shall set a period, within which persons/entities shall register all thre collected and exotic species imported prior to the effectivity of this Act. However, wh ned species is needed for breeding/propagation or research purposes, the State may acqu through a mutually acceptable arrangement.

he period set has elapsed, threatened wildlife possessed without certificate of registratio iscated in favor of the government, subject to the penalties herein provided.

ippine wildlife which are not listed as threatened prior to the effectivity of this Act bu ter become so, shall likewise be registered during the period set after the publication d list of threatened species. CHAPTER IV ILLEGAL ACTS

7. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful to willfully and knowingly exploit wildlife resources and their habitats, or underta ng acts:

ng and destroying wildlife species, except in the following instances; (i) when it is done as part of the religious rituals of established tribal groups or indi

cultural communities; (ii) when the wildlife is afflicted with an incurable communicable disease; (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;

(iv) when it is done to prevent an imminent danger to the life or limb of a human being

(v) when the wildlife is killed or destroyed after it has been used in authorized rese experiments.

) inflicting injury which cripples and/or impairs the reproductive system of wildlife species

) effecting any of the following acts in critical habitat(s) (i) dumping of waste products detrimental to wildlife; (ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral exploration and/or extraction; (iv) burning; (v) logging; and (vi) quarrying

) introduction, reintroduction or restocking of wildlife resources;


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) trading of wildlife;

) collecting, hunting or possessing wildlife, their by-products and derivatives;

) gathering or destroying of active nests, nest trees, host plants and the like;

) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and transporting of wildlife. CHAPTER V FINES AND PENALTIES

8. Penalties for Violations of this Act. For any person who undertakes illegal acts aph (a) of the immediately preceding section to any species as may be categorized purs , the following penalties and/or fines shall be imposed:

risonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine d thousand pesos (P100,000.00) to One million pesos (P1,000,000.00), if inflicted or und

species listed as critical;

risonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty thousand 00.00) to Five hundred thousand pesos (P500,000.00) if inflicted or undertaken ered species; chan robles virtual law library

risonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty th P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken ble species;

risonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty th P20,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or undertaken hreatened species; and

risonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand 00.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken agains species.

gal acts under paragraph (b) of the immediately preceding section, the following penalties hall be imposed: risonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine nd pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or und species listed as critical;

risonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty th P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken ered species;

risonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty th P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken ble species;

risonment of six (6) months and one (1) day to one (1) year and/or fine of Ten thousand 00.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against other thre ; and

risonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000 thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

gal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonm month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million 0,000.00) shall be imposed.

gal acts under paragraph (e), the following penalties and/or fines shall be imposed:

risonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand 0.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against s critical;

risonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousan 0.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken ered species;

risonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand 0.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vul ;

risonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundre 00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species li ned species; and

risonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200 thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

gal acts under paragraphs (f) and (g) of the immediately preceding section, the fo es and/or fines shall be imposed: risonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousan 00.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against s critical;

risonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand 00.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken ered species;

risonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand 00.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken ble species;

risonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand 0.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species a ned species; and

risonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000 ousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Pr case of paragraph (f), where the acts were perpetuated through the means of inappr ues and devices, the maximum penalty herein provided shall be imposed.

gal acts under paragraphs (h) and (i) of the immediately preceding section, the fo es and/or fines shall be imposed: risonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand 00.00) to One hundred thousand pesos (P100,000.00) if inflicted or undertaken against s critical species;

risonment of three (3) months and one (1) day to six (6) months and a fine of Twenty th P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against enda ;

risonment of one (1) month and one (1) day to three (3) months and a fine of Five th P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vul ;

risonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000 ousand pesos (P5,000.00), if inflicted or undertaken against species listed as other thre ;

risonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) nd pesos (P1,000.00), if inflicted or undertaken against other wildlife species.

dlife, its derivatives or by-products, and all paraphernalia, tools and conveyances u tion with violations of this Act, shall be ipso facto forfeited in favor of the government: Pr here the ownership of the aforesaid conveyances belong to third persons who pation in or knowledge of the illegal acts, the same may be released to said own ending agency shall immediately cause the transfer of all wildlife that have been se ed to the nearest Wildlife Rescue Center of the Department in the area. chan robles virtual law library

ffender is an alien, he shall be deported after service and payment of fines, without any dings.

es herein prescribed shall be increased by at least ten percent (10%) every three (3) y nsate for inflation and to maintain the deterrent function of such fines. CHAPTER VI MISCELLANEOUS PROVISIONS

9. Wildlife Management Fund. There is hereby established a Wildlife Management Fun stered by the Department as a special account in the National Treasury which shall tation or restoration of habitats affected by acts committed in violation of this Act and s ic research, enforcement and monitoring activities, as well as enhancement of capabil t agencies.

und shall derive from fines imposed and damages awarded, fees, charges, don ments, administrative fees or grants in the form of contributions. Contributions to the Fun mpted from donor taxes and all other tax charges or fees imposed by the government. chan

30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize ment officers from non-government organizations, citizens groups, community organi her volunteers who have undergone necessary training for this purpose. The Philippine N PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (N aw enforcement agencies shall designate wildlife enforcement officers. As such, th ment officers shall have the full authority to seize illegally traded wildlife and to arrest v Act subject to existing laws, rules and regulations on arrest and detention.

1. Establishment of National Wildlife Research Centers. The Secretary shall establish n research centers for terrestrial and aquatic species to lead in the conduct of sc hes on the proper strategies for the conservation and protection of wildlife, including

g or propagation. In this regard, the Secretary shall encourage the participation of exper mic/research institutions and wildlife industry.

2. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife rescue cen mporary custody and care of all confiscated, abandoned and/or donated wildlife to ensu and well-being. The Secretary shall formulate guidelines for the disposition of wildlife fr centers.

3. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife ring units in strategic air and seaports all over the country to ensure the strict complian e implementation of all existing wildlife laws, rules and regulations, including pe tional agreements.

s officers and/or other authorized government representatives assigned at air or seapo ve intercepted wildlife commodities in the discharge of their official functions shall, p disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned

4. Exemption from taxes - Any donation, contribution, bequest, subsidy or financial aid e made to the Department of Environment and Natural Resources or to the Departm ture and to NGOs engaged in wildlife conservation duly registered with the Securiti ge Commission as certified by the local government unit, the Department of Environme Resources or the Department of Agriculture, for the conservation and protection of es and their habitats shall constitute as an allowable deduction from the taxable income nd shall be exempt from donor's tax.

5. Flagship Species. Local government units shall initiate conservation measures for e in their areas. For this purpose, they may adopt flagship species such as the Cebu black hus cebuensis), tamaraw (bubalus mindorensis), Philippine tarsier (tarsius syrichta), Ph ectona philippinensis), which shall serve as emblems of conservation for the local gove ned.

6. Botanical Gardens, Zoological Parks and Other Similar Establishments. The Secreta e the establishment, operation and maintenance of botanical gardens, zoological par milar establishments for recreation, education and conservation.

7. Implementing Rules and Regulations. - Within twelve (12) months following the effect t, secretaries of the Department of Environment and Natural Resources and the Departm ture, in coordination with the Committees on Environment and Ecology of the Senate a of Representatives, respectively, shall promulgate respective rules and regulations e implementation of this Act. Whenever appropriate, coordination in the preparati entation of rules and regulations on joint and inseparable issues shall be done b ments. The commitments of the State to international agreements and protocols shall like deration in the implementation of this Act.

8. Appropriations. - The amount necessary to implement the provisions of this Act s d against the appropriations of the Department of Environment and Natural Resources General Appropriations Act. Therefore, such sums as may be necessary to fully implem

ons of this Act shall be included in the annual General Appropriations Act.

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9. Separability Clause. - Should any provision of this Act be subsequently decla titutional, the same shall not affect the validity or the legality of the other provisions.

0. Repealing Clause. - Act Nos. 2590 and 3983, Commonwealth Act No. 63, as am ntial Decree No. 1219, as amended, Republic Act No. 6147, and other laws, orde ions inconsistent herewith are hereby repealed or amended accordingly.

1. Effectivity. - This Act shall take effect fifteen (15) days after publication in the Official (2) newspapers of general circulation.

REPUBLIC ACT NO. 9003


(ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000)

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

CHAPTER I BASIC POLICIES Article 1 General Provisions SECTION 1. Short Title. - This Act shall be known as the "Ecological Solid Waste Management Act of 2000."

Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: (a) Ensure the protection of the public health and environment; (b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery; (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles; (d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; (e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; (f) Encourage greater private sector participation in solid waste management; (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, nongovernment organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; (i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological waste management programs; and (j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry. Article 2 Definition of Terms Sec. 3. Definition of Terms. - For the purposes of this Act: (a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or runoff materials from farms or fields; (b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items; (c) Bureau shall refer Management Bureau; to the Environmental

(d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclable materials from the public for the purpose of recycling such materials;

(e) Collection shall refer to the act of removing solid waste from the source or from a communal storage point; (f) Composting shall refer to the controlled decomposition of organic matter by microorganisms, mainly bacteria and fungi, into a humus-like product; (g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other discarded items such as radios, stereos, and TV sets; (h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation; (i) Department shall refer to the Department of Environment and Natural Resources; (j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in an land; (k) Disposal site shall refer to a site where solid waste is finally discharged and deposited; (l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment; (m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment; (n) Generation shall refer to the act or process of producing solid waste;

(o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling; (p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; (q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials; (r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility; (s) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters; (t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and Health standards; (u) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated

recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection service customers and to providing a public education and promotion program that gives notice to each person of the opportunity to recycle and encourage source separation of recyclable material; (v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations; (w) Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap; (x) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials; (y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product; (z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office

paper, tin cans and other materials as may be determined by the Commission; (aa) Recycled material shall refer to postconsumer material that has been recycled and returned to the economy; (bb) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original product may lose their identity, and which maybe used as raw materials for the production of other goods or services: Provided, That the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act; (cc) Resource conversation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources; (dd) Resources recovery shall refer to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, That such resource recovery facilities exclude incineration; (ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics; (ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environment impacts arising from the development and operation of the facility;

(gg) Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within a stipulated time frame leading to compliance with a limitation, prohibition or standard set forth in this Act or any rule of regulation issued pursuant thereto; (hh) Secretary landfill shall refer to the Secretary of the Department of Environment and Natural Resources; (ii) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal; (jj) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal; (kk) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste. Unless specifically noted otherwise, the term solid waste as used in this Act shall not include: (1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms; (2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients

who are suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e. all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room pathologic materials from outpatient areas and emergency rooms; and (3) Waste resulting from mining activities, including contaminated soil and debris. (ll) Solid waste management shall refer to the discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes; (mm) Solid waste management facility shall refer to any resource recovery system or component thereof; any system, program, or facility for resource conservation; any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste; (nn) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream by methods such as product design, materials substitution, materials re-use and packaging restrictions; (oo) Source separation shall refer to the sorting of solid waste into some or all of its component parts at the point of generation;

(pp) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes; (qq) Storage shall refer to the interim containment of solid wastes after generation and prior to collection for ultimate recovery or disposal; (rr) Transfer stations shall refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. This term does not include any of the following: (1) a facility whose principal function is to receive, store, separate, convert or otherwise process in accordance with national minimum standards, manure; (2) a facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for re-use and are intended for disposals, and (3) the operations premises of a duly licensed solid waste handling operator who is receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business. (ss) Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities;

(tt) White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as stoves, refrigerators, dishwashers, and clothes washers and dryers collected separately. White goods ate usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.); (uu) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue that is recognized as part of a plant or vegetable and other materials identified by the Commission. CHAPTER II INSTITUTIONAL MECHANISM Sec. 4. National Solid Waste Management Commission. - There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14) members from the government sector and three members from the private sector. The government sector shall be represented by the heads of the following agencies in their ex officio capacity: (1) Department of Environment and Natural Resources (DENR); (2) Department of Government (DILG); (3) Department (DOST); of the Interior and and Local

Science

Technology

(4) Department of Public Works and Highways (DPWH); (5) Department of Health (DOH); (6) Department of Trade and Industry (DTI); (7) Department of Agriculture (DA); (8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors; (10) League of city mayors; (11) League of municipal mayors; (12) Association of barangay councils; (13) Technical Education and Skills Development Authority (TESDA); and (14) Philippine Information Agency. The private sector shall be represented by the following: (a) A representative from non-government organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and water quality; (b) A representative from the recycling industry; and (c) A representative from the manufacturing or packaging industry; The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem necessary: Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be nominated through a process designed by themselves and shall be appointed by the President for a term of three (3) years: Provided, further, That the Secretaries of the member agencies of the Commission shall formulate action plans for their respective agencies to complement the National Solid Waste Management Framework. The Department Secretary and a private sector representative of the Commission shall serve as chairman and vice chairman, respectively. The private sector representatives of the Commission shall be appointed on the basis of their integrity, high decree of professionalism and having distinguished themselves in environmental and resource

management. The members of the Commission shall serve and continue to hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his/her term, the unexpired portion of the term. Finally, the members shall be entitled to reasonable traveling expenses and honoraria. The Department, through the Environmental Management Bureau, shall provide secretariat support to the Commission. The Secretariat shall be headed by an executive director who shall be nominated by the members of the Commission and appointed by the chairman. Sec. 5. Powers and Functions of the Commission. - The Commission shall oversee the implementation of solid waste management plans and prescribe policies to achieve the objectives of this Act. The Commission shall undertake the following activities: (a) Prepare the national solid waste management framework; (b) Approve local solid waste management plans in accordance with its rules and regulations; (c) Review and monitor the implementation of local solid waste management plans; (d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels; (e) To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste management plans; (f) Develop a model provincial, city and municipal solid waste management plan that will establish prototypes of the content and format which provinces, cities and municipalities may use in meeting the requirements of the National Solid Waste Management Framework;

(g) Adopt a program to provide technical and other capability building assistance and support to local government units in the development and implementation of source reduction programs; (h) Develop and implement a program to assist local government units in the identification of markets for materials that are diverted from disposal facilities through re-use, recycling, and composting, and other environment-friendly methods; (i) Develop a mechanism for the imposition of sanctions for the violations environmental rules and regulations; (j) Manage the Solid Waste Management Fund; (k) Develop and prescribe procedures for the issuance of appropriate permits and clearances. (l) Review the incentives scheme for effective solid waste management, for purpose of ensuring relevance and efficiency in achieving the objectives of this Act; (m) Formulate the necessary education promotion and information campaign strategies; (n) Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and management of solid waste management facilities and technologies. (o) Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the construction and/or operation of solid waste management recycling plant or facility. (p) Formulate and update a list of nonenvironmentally acceptable materials in

accordance with the provisions of this Act. For this purpose, it shall be necessary that proper consultation be conducted by the Commission with all concerned industries to ensure a list that is based on technological and economic viability. (q) Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local communities. (r) Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable materials; (s) Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing and sale of organic and designated recyclable material generated in each local government unit; and (t) Study and review of the following: (i) Standards, criteria and guidelines for promulgation and implementation of an integrated national solid waste management framework; and (ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities. Sec. 6. Meetings. - The Commission shall meet at least once a month. The presence of at least a majority of the members shall constitute a quorum. The chairman, or in his absence the vice-chairman, shall be the presiding officer. In the absence of the heads of the agencies mentioned in Sec. 4 of this Act, they may designate permanent representatives to attend the meetings. Sec. 7. The National Ecology Center. - There shall be established a National Ecology Center under the Commission which shall provide consulting,

information, training, and networking services for the implementation of the provisions of this Act. In this regard, it shall perform the following functions: (a) Facilitate training and education in integrated ecological solid waste management; (b) Establish and manage a solid waste management information data base, in coordination with the DTI and other concerned agencies: (1) on solid waste generation and management techniques as well as the management, technical and operational approaches to resource recovery; and (2) of processors/recyclers, the list of materials being recycled or bought by them and their respective prices; (c) Promote the development of a recycling market through the establishment of a national recycling network that will enhance the opportunity to recycle; (d) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and (e) Develop, test, and disseminate model waste minimization and reduction auditing procedures for evaluating options. The National Ecology Center shall be headed by the director of the Bureau in his ex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts including those from the academe, inventors, practicing professionals, business and industry, youth, women and other concerned sectors, who shall be screened according to qualifications set by the Commission.

Sec. 8. Role of the Department. - For the furtherance of the objectives of this Act, the Department shall have the following functions: (a) Chair the Commission created pursuant to this Act; (b) Prepare an annual National Solid Management Status Report; Waste

(c) Prepare and distribute information, education and communication materials on solid waste management; (d) Establish methods and other parameters for the measurement of waste reduction, collection and disposal; (e) Provide technical and other capability building assistance and support to the LGUs in the development and implementation of local solid waste management plans and programs; (f) Recommend policies to eliminate barriers to waste reduction programs; (g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act; (h) Perform such other powers and functions necessary to achieve the objectives of this Act; and (i) Issue rules and regulations to effectively implement the provisions of this Act. Sec. 9. Visitorial Powers of the Department. - The Department or its duly authorized representative shall have access to, and the right to copy therefrom, the records required to be maintained pursuant to the provisions of this Act. The Secretary or the duly authorized representative shall likewise have the right to enter the premises of any generator, recycler or manufacturer, or other facilities any time to question any employee or investigate any fact, condition or

matter which may be necessary to determine any violation, or which may aid in the effective enforcement of this Act and its implementing rules and regulations. This Section shall not apply to private dwelling places unless the visitorial power is otherwise judicially authorized. Sec. 10. Role of LGUs in Solid Waste Management. Pursuant to the relevant provisions of R. A. No. 7160, otherwise known as the Local government code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions. Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city. Sec. 11. Provincial Solid Waste Management Board. - A Provincial Solid Waste Management board shall be established in every province, to be chaired by the governor. Its members shall include: (a) All the mayors of its component cities and municipalities; (b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the Committees on Environment or Health or their equivalent committees, to be nominated by the presiding officer; (c) The provincial health and/or general services officers, whichever may be recommended by the governor; (d) The provincial resources officer; environment and natural

(e) The provincial engineer;

(f) Congressional representatives from congressional district within the province;

each

(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (h) A representative from the recycling industry; (i) A representative from the manufacturing or packaging industry; and (j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the board. The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary: Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency of representatives of the Board: Provided, further, that in the Province of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act No. 7611. In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include: (i) all mayors municipalities; of its component cities and

(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (iii) a representative from the recycling industry; and

(iv) a representative from the manufacturing or packaging industry. The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary: Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board. The Provincial Solid Waste Management Board shall have the following functions and responsibilities: (1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities and ensure that the various plan complement each other, and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission for approval. The Provincial Plans shall reflect the general program of action and initiatives of the provincial government and implementing a solid waste management program that would support the various initiatives of its component cities and municipalities. (2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec.17 of the Local Government Code; (3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; (4) Recommend measures to generate resources, funding and implementation of project and activities as specified in the duly approved solid waste management plans;

(5) Identify areas within its jurisdiction which have common solid waste management problems and are appropriate units are planning local solid waste management services in accordance with Section 41 hereof; (6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan; (7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan; (8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan; (9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government; (10) Oversee the implementation of the Provincial Solid Waste Management Plant; (11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international development in the field of solid waste management; and (12) Allow for the clustering of LGUs for the solution of common solid waste management problems. Sec. 12. City and Municipal Solid Waste Management Board. - Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and

sanitary management of solid waste generated in areas under in geographic and political coverage. The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as members: a) One (1) representative of Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on Environment or Health, who will be designated by the presiding officer; b) President of the Association of Barangay Councils in the municipality or city; c) Chairperson of the Sangguniang Kabataan Federation; d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality; e) A representative from the recycling industry; f) A representative from the manufacturing or packaging industry; and g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board. The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary: Provided, That representatives from NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board. The City and Municipal Solid Waste Management Boards shall have the following duties and responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community; (2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; (3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs; (4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; (5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays; (6) Oversee the implementation of the City or Municipal Solid Waste Management Plan; (7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; (8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan;

(9) Recommended to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R. A.6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchise and build-operate-transfer agreements; (10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code; (11) Recommended measures and safeguards against pollution and for the preservation of the natural ecosystem; and (12) Coordinates the efforts of its components barangays in the implementation of the city or municipal Solid Waste Management Plan. Sec. 13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU. - Multipurpose cooperatives and associations that shall undertake activities to promote the implementation and/ or directly undertake projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU. CHAPTER III COMPREHENSIVE SOLID WASTE MANAGEMENT Article 1 General Provisions Sec. 14. National Solid Waste Management Status Report. - The Department, in coordination with the DOH and other concerned agencies, shall within six (6) months after the effectivity of this Act, prepare a National Solid Waste Management Status Report which shall be used as a basis in formulating the National

Solid Waste Management Framework provided in Sec. 15 of this Act. The concerned agencies shall submit to the Department relevant data necessary for the completion of the said report within three (3) months following the effectivity of this Act. The said report shall include, but shall not be limited to, the following: (a) Inventory of existing solid waste facilities; (b) General waste characterization, taking into account the type, quantity of waste generated and estimation of volume and type of waste for reduction and recycling; (c) Projection of waste generation; (d) The varying regional geologic, hydrologic, climatic, and other factors vital in the implementation of solid waste practices to ensure the reasonable protection of: (1) the quality of surface and groundwater from leachate contamination; (2) the quality of surface waters from surface run-off contamination; and (3) ambient air quality. (e) Population density, distribution and projected growth; (f) The political, economic, organizational, financial and management problems affecting comprehensive solid waste management; (g) Systems and techniques of waste reduction, re-use and recycling; (h) Available markets for recyclable materials; (i) Estimated cost of collecting, storing, transporting, marketing and disposal of wastes and recyclable materials; and

(j) Pertinent qualitative and quantitative information concerning the extent of solid waste management problems and solid waste management activities undertaken by local government units and the waste generators: Provided, That the Department, in consultation with concerned agencies, shall review, update and publish a National Solid Waste Management Status Report every two (2) years or as the need arises. Sec. 15. National Solid Waste Management Framework. - Within six (6) months from the completion of the national solid waste management status report under Sec. 14 of this Act, the Commission created under Sec. 4 of this Act shall, with public participation, formulate and implement a National Solid Waste Management Framework. Such framework shall consider and include: (a) Analysis and evaluation of the current state, trends, projections of solid waste management on the national, provincial and municipal levels; (b) Identification of critical solid waste facilities and local government units which will need closer monitoring and/or regulation; (c) Characteristics and conditions of collection, storage, processing, disposal, operating methods, techniques and practices, location of facilities where such operating methods, techniques and practices are conducted, taking into account the nature of the waste; (d) Waste diversion goal pursuant to Sec. 20 of this Act; (e) Schedule for the closure and/or upgrading of open and controlled dumps pursuant to Sec. 37 of this Act; (f) Methods of closing or upgrading open dumps for purposes of eliminating potential health hazards;

(g) The profile of sources, including industrial, commercial, domestic, and other sources; (h) Practical applications of environmentally sound techniques of water minimization such as, but not limited to, resource conservation, segregation at source, recycling, resource recovery, including waste-to-energy generation, re-use and composting; (i) A technical and economic description of the level of performance that can be attained by various available solid waste management practices which provide for the protection of public health and the environment; (j) Appropriate solid conservation systems; waste facilities and

(k) Recycling programs for the recyclable materials, such as but not limited to glass, paper, plastic and metal; (l) Venues for public participation from all sectors at all phases/stages of the waste management program/project; (m) Information strategies; and education campaign

(n) A description of levels of performance and appropriate methods and degrees of control that provide, at the minimum, for protection of public health and welfare through: (1) Protection of the quality of groundwater and surface waters from leachate and run-off contamination; (2) Disease and epidemic prevention and control; (3) Prevention and control of offensive odor; and

(4) Safety and aesthetics. (o) Minimum criteria to be used by the local government units to define ecological solid waste management practices. As much as practicable, such guidelines shall also include minimum information for use in deciding the adequate location, design and construction of facilities associated with solid waste management practices, including the consideration of regional, geographic, demographic and climatic factors; and (p) The method and procedure for the phaseout and the eventual closure within eighteen (18) months from the effectivity of this Act in case of existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed area. Sec. 16. Local Government Solid Waste Management Plans. - The province, city or municipality, through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. The plan shall place primary emphasis on implementation of all feasible re-use, recycling, and composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be re-used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a timetable for the implementation of the solid waste management program in accordance with the National Framework and pursuant to the provisions of this Act: Provided, finally, That it shall be reviewed and updated every year by the provincial, city or municipal solid waste management board.

For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of this Act, but are unable to utilize such alternatives, a timetable or schedule of compliance specifying the remedial measure and eventual compliance shall be included in the plan. All local government solid waste management plans shall be subjected to the approval of the Commission. The plan shall be consistent with the national framework and in accordance with the provisions of this Act and of the policies set by the Commission; Provided, That in the province of Palawan, the local government solid waste management plan shall be approved by the Palawan Council for Sustainable Development, pursuant to R. A. No. 7611. Sec. 17. The Components of the Local Government Solid Waste Management Plan. - The solid waste management plan shall include, but not limited to, the following components: (a) City or Municipal Profile - The plan shall indicate the following background information on the city or municipality and its component barangays, covering important highlights of the distinct geographic and other conditions: (1) Estimated population of each barangay within the city or municipality and population project for a 10-year period; (2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as well as dump, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities; (3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/demolition, street waste,

agricultural, agro-industrial, other waste; and

institutional,

(4) Inventory of existing waste disposal and other solid waste facilities and capacities. (b) Waste characterization - For the initial source reduction and recycling element of a local waste management plan, the LGU waste characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and disposed of within the area. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other materials. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities. (c) Collection and Transfer - The plan shall take into account the geographic subdivisions to define the coverage of the solid waste collection area in every barangay. The barangay shall be responsible for ensuring that a 100% collection efficiency from residential, commercial, industrial and agricultural sources, where necessary within its area of coverage, is achieved. Toward this end, the plan shall define and identify the specific strategies and activities to be undertaken by its component barangays, taking into account the following concerns: (1) Availability and provision of properly designed containers or receptacles in selected collection points for the temporary storage of solid waste while awaiting collection and transfer to processing sites or to final disposal sites;

(2) Segregation of different types of solid waste for re-use, recycling and composting; (3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites; (4) Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and (5) Provision of properly trained officers and workers to handle solid waste disposal. The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points to solid waste management facilities. (d) Processing - The Plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing technologies may also be considered provided that such technologies conform with internationallyacceptable and other standards set in other standards set in other laws and regulations. (e) Source reduction - The source reduction component shall include a program and implementation schedule which shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements of Sec. 20. The source reduction component shall describe the following: (1) strategies in reducing the volume of solid waste generated at source;

(2) measures for implementing such strategies and the resources necessary to carry out such activities; (3) other appropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards set pursuant to this Act; (4) the types of wastes to be reduced pursuant to Sec. 15 of this Act; (5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through re-use, recycling and composting; and (6) new facilities and expansion of existing facilities which will be needed to implement re-use, recycling and composting. The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the amount of waste generated, an other source reduction strategies, including but not limited to, programs and economic incentives provided under Sec. 46 of this Act to reduce the use of nonrecyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction activities of the community shall also take into account, among others, local capability, economic viability, technical requirements, social concerns disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost shall be incorporated in the plan. (f) Recycling - The recycling component shall include a program and implementation schedule

which shows the methods by which the LGU shall, in combination with source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements set in Sec .20. The LGU recycling component shall describe the following: (1) The types of materials to be recycled under the programs; (2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and (3) New facilities and expansion of existing facilities needed to implement the recycling component. The LGU recycling component shall described methods for developing the markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each LGU may determine and grant a price preference to encourage the purchase of recycled products. The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into account persons engaged in the business of recycling or persons otherwise providing recycling services before the effectivity of this Act. Such strategy may be base upon the results of the waste composition analysis performed pursuant to this Section or information obtained in the course of past collection of solid waste by the local government unit, and may include recommendations with respect to increasing the number of materials designated for recycling pursuant to this Act.

The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental and other curbside, mobile, drop-off and buy-back recycling programs, manual and automated materials recovery facilities, zoning, building code changes and rate structures which encourage recycling of materials. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this Act. Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing specified alterations to contain storage space, devices or mechanisms that facilitate source separation and storage of designated recyclable materials to enable the local government unit to efficiently collect, process, market and sell the designated materials. Such recommendations shall include, but shall not be limited to separate chutes to facilitate source separation in multi-family dwellings, storage areas that conform to fire and safety code regulations, and specialized storage containers. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the objectives of this Act. (g) Composting - The composting component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20 hereof.

The LGU composting component shall describe the following: (1) The types of materials which will be composted under the programs; (2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and (3) New facilities, and expansion of existing facilities needed to implement the composting component. The LGU composting component shall describe methods for developing the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and grant a price preference to encourage the purchase of composted products. (h) Solid waste facility capacity and final disposal - The solid waste facility component shall include, but shall not be limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following: (1) Implementation of source reduction, recycling and composting programs required in this Section or through implementation of other waste diversion activities pursuant to Sec. 20 of this Act; (2) Any permitted disposal facility which will be available during the 10-year planning period; and (3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or in other areas. The plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities and the identification of prospective sites for future use. The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the guidelines set in Sec. 41 and 42 of this Act. Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extent life span and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts. Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall make provisions for its closure or eventual phase out within the period specified under the framework and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of municipality and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines set under Secs. 40 and 41 of this Act. (i) Education and public information - The education and public information component shall describe how the LGU will educate and inform its citizens about the source reduction, recycling and composting programs.

The plan shall make provisions to ensure that information on waste collection services, solid waste management and related health and environmental concerns are widely disseminated among the public. This shall be undertaken through the print and broadcast media and other government agencies in the municipality. The DECS and the Commission on Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students. (j) Special Waste - The special waste component shall include existing waste handling and disposal practices for special wastes or household hazardous wastes, and the identification of current and proposed programs to ensure the proper handling, re-use, and long-term disposal of special wastes; (k) Resource requirement and funding - The funding component includes identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan; The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirement s and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, grants, donations, local funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the province, city or municipality as provided for in Sec. 45 of this Act.

(l) Privatization of solid waste management projects - The plan shall likewise indicate specific measures to promote the participation of the private sector in the management of solid wastes, particularly in the generation and development of the essential technologies for solid waste management. Specific projects or component activities of the plan which may be offered as private sector investment activity shall be identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shall likewise be established and provided for in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and regulations; and (m) Incentive programs - A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors shall likewise be included in the plan. Sec. 18. Owner and Operator. - Responsibility for compliance with the standards in this Act shall rest with the owner and/or operator. If specifically designated, the operator is considered to have primary responsibility for compliance; however, this does not relieve the owner of the duty to take all reasonable steps to assure compliance with these standards and any assigned conditions. When the title to a disposal is transferred to another person, the new owner shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance. Sec. 19. Waste characterization. - The Department in coordination with the LGUs, shall be responsible for the establishment of the guidelines for the accurate characterization of wastes including determination of whether or not wastes will be compatible with containment features and other wastes, and whether or not wastes are required to be managed as hazardous wastes under R. A. 6969, otherwise known as the Toxic Substance and Hazardous and Nuclear Wastes Control Act.

Sec. 20. Establishing Mandatory Solid Waste Diversion. - Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling and composting activities and other resource recovery activities: Provided, That the waste diversion goals shall be increased every three (3) years thereafter; Provided, further, That nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal. Article 2 Segregation of Wastes Sec. 21. Mandatory Segregation of Solid Wastes. - The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further; That wastes shall be segregated into the categories provided in Sec. 22 of this Act. For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to: (a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and (b) notify the occupants of each buildings of the requirements of this Act and the regulations promulgated pursuant thereto. Sec. 22. Requirements for the Segregation and Storage of Solid Waste. - The following shall be the

minimum standards and requirements for segregation and storage of solid waste pending collection: (a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for onsite collection as compostable, nonrecyclable, recyclable or special waste, or any other classification as may be determined by the Commission. Article 3 Collection and Transport of Solid Wastes Sec. 23. Requirements for Collection of Solid Wastes. The following shall be the minimum standards and requirements for the collection of solid waste: (a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling wastes; (b) Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance with the guidelines pursuant to this Act; and (c) Collection of solid waste shall be done in a manner which prevents damage to the container and spillage or scattering of solid waste within the collection vicinity. Sec. 24. Requirements for the Transport of Solid Waste. - The use of separate collection schedules and/or separate trucks or haulers shall be required for specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in transit.

Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and efficient collection and transport of solid wastes. The waste compartment shall have a cover to ensure the containment of solid wastes while in transit. For the purpose of identification, vehicles shall bear the body number, the name, and the telephone number of the contractor/agency collecting solid waste. Sec. 25. Guidelines for Transfer Stations. - Transfer stations shall be designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines set pursuant to this Act and other regulations: Provided, That no waste shall be stored in such station beyond twentyfour (24) hours. The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal facility. The design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes. Article 4 Recycling Program Sec. 26. Inventory of Existing Markets for Recyclable Materials. - The DTI shall within six (6) months from the effectivity of this Act and in cooperation with the Department, the DILG and other concerned agencies and sectors, publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets. Such study shall include, but not be limited to, an inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal, developed in conjunction with the appropriate agencies, to stimulate the demand for the production of products containing post consumer and recovered materials.

Sec. 27. Requirement for Eco-Labeling. - The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use. Sec. 28. Reclamation Programs and Buy-back Centers for Recyclables and Toxics. - The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste stream should be separated at source, collected separately and further screened and sent to appropriate hazardous waste treatment and disposal plants, consistent with the provisions of R. A. No. 6969. Sec. 29. Non-Environmentally Acceptable Products. Within one (1) year from the effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of non-environmentally acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided, however, That nonenvironmentally acceptable products shall not be prohibited unless the Commission first finds that there are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than the disposable product. Notwithstanding any other provisions to the contrary, this section shall not apply to: (a) Packaging used at hospitals, nursing homes or other medical facilities; and (b) Any packaging which is not environmentally acceptable, but for which there is no commercially

available alternatives Commission.

as

determined

by

the

The Commission shall annually review and update the list of prohibited non-environmentally acceptable products. Sec. 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging. - No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a phaseout period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of nonenvironmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at retail to customers. Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within the country shall file a report with the concerned local government within one (1) year from the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its regulations. A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment in which the violation occurs. Sec. 31. Recycling Market Development. - The Commission together with the National Ecology Center, the DTI and the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycle goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and grants for the establishment of privately-owned facilities to manufacture finished products from postconsumer materials; (b) guarantees by the national and local governments to purchase a percentage of the output of the facility; and (c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any necessary changes in collecting or processing the materials to improve their marketability. In order to encourage establishments of new facilities to produce goods from post-consumer and recovered materials generated within local government units, and to conserve energy by reducing materials transportation, whenever appropriate, each local government unit may arranged for long-term contracts to purchase a substantial share of the product output of a proposed facility which will be based in the jurisdiction of the local government unit if such facility will manufacture such finished products form postconsumer and recovered materials. Sec. 32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage or disposal facility or sanitary landfill. Sec. 33. Guidelines for Establishment of Materials Recovery Facility. - Materials recovery facilities shall be designed to receive, sort, process and store

compostable and recyclable material efficiently and in an environmentally sound manner. The facility shall address the following considerations: (a) The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and storage; and (b) The building must be designed to allow efficient and safe external access and to accommodate internal flow. Article 5 Composting Sec. 34. Inventory of Markets of Composts. - Within six (6) months after the effectivity of this Act, the DA shall publish an inventory of existing markets and demands for composts. Said inventory shall thereafter be updated and published annually: Provided, That the composting of agricultural wastes and other compostable materials, including but not limited to garden wastes, shall be encouraged. Sec. 35. Guidelines for Compost Quality. - Compost products intended to be distributed commercially shall conform with the standards for organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the compost products conform to such standards. Article 6 Waste Management Facilities Sec. 36. Inventory of Waste Disposal Facilities. - Within six (6) months from the effectivity of this Act, the Department, in cooperation with the DOH, DILG and other concerned agencies, shall publish an inventory of all solid waste disposal facilities or sites in the country. Sec. 37. Prohibition Against the Use of Open Dumps for Solid Waste. - No open dumps shall be established

and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this Acts: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity of this Act. Sec. 38. Permit for Solid Waste Management Facility Construction and Expansion. - No person shall commence operation, including site preparation and construction of a new solid waste management facility or the expansion of an existing facility until said person obtains an Environment Compliance Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clearances form concerned agencies. Sec. 39. Guidelines for Controlled Dumps. - The following shall be the minimum considerations for the establishments of controlled dumps: (a) Regular inert cover; (b) Surface water and peripheral site drainage control; (c) Provision decomposition; for aerobic and anaerobic small

(d) Restriction of working areas;

waste deposition to

(e) Fence, including provisions for litter control; (f) Basic record-keeping; (g) Provision of maintained access road; (h) Controlled waste picking and trading; (i) Post-closure site cover and vegetation; and

(j) Hydro geological siting. Sec. 40. Criteria for Siting a Sanitary Landfill. - The following shall be the minimum criteria for the siting of sanitary landfills: (a) The site selected must be consistent with the overall land use plan of the LGU; (b) The site must be accessible from major roadways or thoroughfares; (c) The site should have an adequate quantity of earth cover material that is easily handled and compacted; (d) The site must be chosen with regard for the sensitivities of the communitys residents; (e) The site must be located in an area where the landfills operation will not detrimentally affect environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area; (f) The site should be large enough to accommodate the communitys wastes for a period of five (5) years during which people must internalize the value of environmentally sound and sustainable solid waste disposal; (g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for many years, closure, post-closure care and possible remediation costs; (h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and (i) Designation of a separate containment area for household hazardous wastes. Sec. 41. Criteria for Establishment of Sanitary Landfill. - The following shall be the minimum criteria for the establishment of sanitary landfills:

(a) Liners - a system of clay layers and/or geosynthethic membranes used to contain leachate and reduce or prevent contaminant flow to groundwater; (b) Leachate collection and treatment system installation of pipes at the low areas of the liner to collect leachate for storage and eventual treatment and discharge; (c) Gas control and recovery system - a series of vertical wells or horizontal trenches containing permeable materials and perforated piping placed in the landfill to collect gas for treatment or productive use as an energy source; (d) Groundwater monitoring well system - wells placed at an appropriate location and depth for taking water that are representative of ground water quality; (e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment: (i) a daily cover placed over the waste at the close of each days operations, and; (ii) a final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas emission to the atmosphere, and erosion. (f) Closure procedure with the objectives of establishing low maintenance cover systems and final cover that minimizes the infiltration of precipitation into the waste. Installation of the final cover must be completed within six (6) months of the last receipt of waste; (g) Post-closure care procedure period, the landfill owner shall be providing for the general upkeep maintaining all of the landfills - During this responsible for of the landfill, environmental

protection features, operating monitoring equipment, remediating groundwater should it become contaminated and controlling landfill gas migration or emission. Sec. 42. Operating Criteria for Sanitary Landfills. - In the operation of a sanitary land fill, each site operator shall maintain the following minimum operating equipment: (a) Disposal site records of, but not limited to: (1) Records of weights or volumes accepted in a form and manner approved by the Department. Such records shall be submitted to the Department upon request, accurate to within ten percent (10%) and adequate for overall planning purposes and forecasting the rate of site filling; (2) Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties; (3) Daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and property damage, accidents, explosions, receipts or rejection of unpermitted wastes, flooding and other unusual occurrences; (4) Record of personnel training; and (5) Copy of written notification to the Department, local health agency, and fire authority of names, addresses and telephone numbers of the operator or responsible party of the site; (b) Water quality monitoring of surface and ground waters and effluent, and gas emissions; (c) Documentation of approvals, determinations and other requirements by the Department; (d) Signs:

(1) Each point of access from a public road shall be posted with an easily visible sigh indicating the facility name and other pertinent information as required by the Department; (2) If the site is open to the public, there shall be an easily visible sign at the primary entrance of the site indicating the name of the site operator, the operators telephone number, and hours of operation; an easily visible sign at an appropriate point shall indicate the schedule of changes and the general types of materials which will either be accepted or not; (3) If the site is open to the public, there shall be an easily visible road sign and/or traffic control measures which direct traffic to the active face and other areas where wastes or recyclable materials will be deposited; and (4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety; (e) Monitoring of quality of surface, ground and effluent waters, and gas emissions; (f) The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic constraints. Areas within the site where open storage, or pounding of hazardous materials occurs shall be separately fenced or otherwise secured as determined by the Department. The Department may also require that other areas of the site be fenced to create an appropriate level of security; (g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto adjacent

public roads. Such roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather; (h) Sanitary facilities consisting of adequate number of toilets and handwashing facilities, shall be available to personnel at or in the immediate vicinity of the site; (i) Safe and adequate drinking water supply for the site personnel shall be available; (j) The site shall have communication facilities available to site personnel to allow quick response to emergencies; (k) Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with adequate lighting as approved by the Department to ensure safety and to monitor the effectiveness of operations; (l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department; (m) Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance, hazardous materials recognition and screening, and heavy equipment operations, with emphasis on safety, health, environmental controls and emergency procedures. A record of such training shall be placed in the operating record; (n) The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the Department and local health agency in writing of the names, addresses, and telephone number of the operator or responsible party. A copy of the

written notification operation record;

shall

be

placed

in

the

(o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the operator on a regularly scheduled basis, as determined by the Department; (p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without resulting in traffic, personnel, or public safety hazards. Waste materials shall normally be deposited at the toe of the fill, or as otherwise approved by the Department; (q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize compaction. The loose layer shall not exceed a depth approximately two feet before compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by the Department; (r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. Other effective maintenance methods may be allowed by the Department; and (s) Cover material or native material unsuitable for cover, stockpiled on the site for use or removal, shall be placed so as not to cause problems or interfere with unloading, spreading, compacting, access, safety drainage, or other operations. Article 7 Local Government Solid Waste Management

Sec. 43. Guidelines for Identification of Common Solid Waste Management Problems. - For purposes of encouraging and facilitating the development of local government plans for solid waste management, the Commission shall, as soon as practicable but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for clustered solid waste management services. The guidelines shall be based on the following: (a) the size and location of areas which should be included; (b) the volume of solid waste which would be generated; (c) the available means of coordinating local government planning between and among the LGUs and for the integration of such with the national plan; and (d) possible lifespan of the disposal facilities. Sec. 44. Establishment of Common Waste Treatment and Disposal Facilities. - Pursuant to Sec. 33 of R. A. 7160, otherwise known as the Local Government Code, all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems and/or establishing common waste disposal facilities. The Department, the Commission and local solid waste management boards shall provide technical and marketing assistance to the LGUs. CHAPTER IV INCENTIVES Sec. 45. Incentives. - (a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles, including non-government organizations, that have undertaken outstanding and

innovative projects, technologies, processes and techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created. (b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private entities, including NGOs, to develop or undertake an effective solid waste management, or actively participate in any program geared towards the promotion thereof as provided for in this Act. (1) Fiscal Incentives. - Consistent with the provisions of E. O. 226, otherwise known as the Omnibus Investments Code, the following tax incentives shall be granted: (a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon effectively of this Act, LGUs, enterprises or private entities shall enjoy tax and duty free importation of machinery, equipment, vehicles and spare parts used for collection, transportation, segregation, recycling, re-use and composing of solid wastes: Provided, That the importation of such machinery, equipment, vehicle and spare parts shall comply with the following conditions: (i) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices; (ii) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities; (iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle and spare parts.

Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without prior approval of the (BOI), within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enterprise or private entities and the vendee, transferee, or assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it. (b) Tax Credit on Domestic Equipment Within ten (10) years from the effectivity of this Act, a tax credit equivalent to 50% of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, vehicle and spare parts, had these items been imported shall be given to enterprises, private entities, including NGOs, subject to the same conditions and prohibition cited in the preceding paragraph. (c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the program for effective solid waste management shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes. (2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under this Act shall also be entitled to applicable nonfiscal incentives provided for under E. O. 226, otherwise known as the Omnibus Investments Code. The Commission shall provide incentives to businesses and industries that are engaged in the recycling of wastes and which are registered with the Commission and have been issued ECCs in

accordance with the guidelines established by the Commission. Such incentives shall include simplified procedures for the importation of equipment, spare parts, new materials, and supplies, and for the export of processed products. (3) Financial Assistance Program. - Government financial institutions such as the Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Government Service Insurance System (GSIS), and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste management. (4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste management plans have been duly approved by the Commission or who have been commended by the Commission for adopting innovative solid waste management programs may be entitled to receive grants for the purpose of developing their technical capacities toward actively participating in the program for effectively and sustainable solid waste management. (5) Incentives to Host LGUs. - Local government units who host common waste management facilities shall be entitled to incentives. CHAPTER V FINANCING SOLID WASTE MANAGEMENT Sec. 46. Solid Waste Management Fund. - There is hereby created, as a special account in the National Treasury, a Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the following:

(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, grants and contributions from domestic and foreign sources; and (b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act; The Fund shall be used to finance the following: (1) products, facilities, technologies and processes to enhance proper solid waste management; (2) awards and incentives; (3) research programs; (4) information, education, communication and monitoring activities; (5) technical assistance; and (6) capability building activities. LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan. Specific criteria for the availment of the Fund shall be prepared by the Commission. The fines collected under Section 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to finance the solid waste management of said LGU. Such allocation shall be based on a sharing scheme between the Fund and the LGU concerned. In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages. Sec. 47. Authority to Collect Solid Waste Management Fees. - The local government unit shall impose fees in amounts sufficient to pay the costs of preparing,

adopting, and implementing a solid waste management plan prepared pursuant to this Act. The fees shall be based on the following minimum factors: (a) types of solid waste; (b) amount/volume of waste; and (c) distance of the transfer station to the waste management facility. The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees. CHAPTER VI PENAL PROVISIONS Sec. 48. Prohibited Acts. - The following acts are prohibited: (1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; (2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant; (3) The open burning of solid waste; (4) Causing or permitting the collection of nonsegregated or unsorted wastes; (5) Squatting in open dumps and landfills; (6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas; (7) Unauthorized removal of recyclable material intended for collection by authorized persons;

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; (9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37; (10) The manufacture, distribution or use of nonenvironmentally acceptable packaging materials; (11) Importation of consumer products packaged in non-environmentally acceptable materials; (12) Importation of toxic wastes misrepresented as recyclable or with recyclable content; (13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act; (14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU; (15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill; and (16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof. Sec. 49. Fines and Penalties. - (a) Any person who violates Section 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than

fifteen (15) days to an LGU where such prohibited acts are committed, or both; (b) Any person who violates Section 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both; (c) Any person who violates Section 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both; (d) Any person who violates Section 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year. The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Section 48, pars. (9) and (10). (e) Any person who violates Section 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both; (f) Any person who violates Section 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with the law, 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. If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings. The fines herein prescribed shall be increased by at lest ten (10%) percent every three years to compensate for inflation and to maintain the deterrent functions of such fines. Sec. 50. Administrative Sanctions. - Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R. A. 7160 and other existing laws, rules and regulations. CHAPTER VII MISCELLANEOUS PROVISIONS Sec. 51. Mandatory Public Hearings. - Mandatory public hearings for national framework and local government solid waste management plans shall be undertaken by the Commission and the respective Boards in accordance with process to be formulated in the implementing rules and regulations. Sec. 52. Citizens Suits. - For the purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies against: (a) Any person who violates or fails to comply with the provisions of this Act its implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any many improperly performs his duties under this Act or its implementing rules and regulations; Provided, however, That no suit can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon. The Court shall exempt such action from the payment of filing fees and statements likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction. In the event that the citizen should prevail, the Court shall award reasonable attorneys fees, moral damages and litigation costs as appropriate. Sec. 53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act. - Where a suit is brought against a person who filed an action as provided in Section 52 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the Court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the Court shall dismiss the complaint and award the attorneys fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act. Sec. 54. Research on Solid Waste Management. - The Department after consultations with the cooperating agencies, shall encourage, cooperate with, and render financial and other assistance to appropriate government agencies and private agencies, institutions and individuals in the conduct and promotion researches, experiments, and other studies on solid waste management, particularly those relating to: (a) adverse health effects of the release into the environment of materials present in solid wastes, and methods to eliminate said effects; (b) the operation and financing of solid waste disposal programs; (c) the planning, implementing and operation of resource recovery and resource conservation systems; (d) the production of usable forms of recovered resources, including fuel from solid waste; (e) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid waste; (f) improvements in land disposal practices for solid waste (including sludge); and (g) development of new uses of recovered resources and identification of existing or potential markets of recovered resources. In carrying out solid waste researches and studies, the Secretary of the Department or the authorized representative may make grants or enter into

contracts with government agencies, non-government organizations and private persons. Sec. 55. Public Education and Information. - The Commission shall, in coordination with DECS, TESDA, CHED, DILG and PIA, conduct a continuing education and information campaign on solid waste management, such education and information program shall: (a) Aim to develop public awareness of the illeffects of and the community based solutions to the solid waste problem; (b) Concentrate on activities which are feasible and which will have the greatest impact on the solid waste problem of the country, like resource conservation and recovery, recycling, segregation at source, re-use, reduction, and composing of solid waste; and (c) Encourage the general public, accredited NGOs and peoples organizations to publicity endorse and patronize environmentally acceptable products and packaging materials. Sec. 56. Environmental Education in the Formal and Nonformal Sectors. - The national government, through the DECS and in coordination with concerned government agencies, NGOs and private institutions, shall strengthen the integration of environmental concerns in school curricula at all levels, with particular emphasis on the theory and practice of waste management principles like waste minimization, specifically resource conservation and recovery, segregation at source, reduction, recycling, re-use, and composing, in order to promote environmental awareness and action among the citizenry. Sec. 57. Business and Industry Role. - The Commission shall encourage commercial and industrial establishments, through appropriate incentives other than tax incentives to initiate, participate and invest in integrated ecological solid waste management projects to manufacture environment-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 and to undertake community activities to promote and propagate effective solid waste management practices. Sec. 58. Appropriations. - For the initial operating expenses of the Commission and the National Ecology Center as well as the expensed of the local government units to carry out the mandate of this Act, the amount of Twenty million pesos (P20,000,000.00) is hereby appropriated from the Organizational Adjustment Fund on the year this Act is approved. Thereafter, it shall submit to the Department of Budget and Management its proposed budget for inclusion in the General Appropriations Act. Sec. 59. Implementing Rules and Regulations (IRR). The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representative, respectively, the representatives of the Leagues of Provinces, Cities, Municipalities and Barangay Councils, the MMDA and other concerned agencies, shall promulgate the implementing rules and regulations of this Act, within one (1) year after its enactment: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of the solid waste management problem not inconsistent with this Act shall supplement the rules and regulations issued by the Department, pursuant to the provisions of this Act. The draft of the IRR shall be published and be the subject of public consultation with affected sectors. It shall be submitted to the Committee on Environment Ecology of the Senate and House of Representatives, respectively, for review before approved by the Secretary. Sec. 60. Joint Congressional Oversight Committee. There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of

the Act and to oversee the functions of the Commission. The Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative designated by the Senate President and the Speaker of the House of Representatives, respectively. Sec. 61. Abolition of the Presidential Task Force On Waste Management and the Project Management Office on Solid Waste Management. - The Presidential Task Force on Waste Management which was created by virtue of Memorandum Circular No. 39 dated November 2, 1987, as amended by Memorandum Circular No. 39A and 88 is hereby abolished. Further, pursuant to Administrative Order No. 90 dated October 19, 1992, the Project Management Office on Solid Waste Management is likewise hereby abolished. Consequently their powers and functions shall be absorbed by the Commission pursuant to the provisions of this Act. Sec. 62. Transitory Provision. - Pending the establishment of the framework under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 59 of this Act, existing laws, regulations, programs and projects on solid waste management shall be enforced: Provided, That for specific undertaking, the same may be revised in the interim in accordance with the intentions of this Act. Sec. 63. Report to Congress. - The Commission shall report to Congress not later than March 30 of every year following the approval of this Act, giving a detailed account of its accomplishments and progress on solid waste management during the year and make the necessary recommendations in areas where there is need for legislative action. Sec. 64. Separability Clause. - If any provision of this Act or the application of such provision to any person

or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Sec. 65. Repealing Clause. - All laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 66. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Approved: January 26, 2001
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REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999


Chapter 1 General Provisions Article One Basic Air Quality Policies SECTION 1. Short Title. - This Act shall be known as the Philippine Clean Air Act of 1999. SEC. 2. Declaration of Principles. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environment is primarily areabased. The State also recognizes the principle that polluters must pay. Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all. SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: [a] Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; [b] Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;

[c] Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; [d] Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and [e] Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. SEC. 4. Recognition of Rights. Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: [a] The right to breathe clean air; [b] The right to utilize and enjoy all natural resources

according to the principles of sustainable development; [c] The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decisionmaking process; [d] The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health; [e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; [f] The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;

[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and [h] The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity. Article Two Definition of Terms SEC. 5. Definitions.- As used in this Act: a) Air pollutant means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes,

chemical mists, steam radioactive substances;

and

b) Air pollution means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; c) Ambient air quality guideline values means the concentration of air over specified periods classified as short-term and longterm which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in

preventing, controlling, or abating air pollution; d) Ambient air quality means the general amount of pollution present in a broad area; and refers to the atmospheres average purity as distinguished from discharge measurements taken at the source of pollution; e) Certificate of Conformity means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer / assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations; f) Department means Department of Environment Natural Resources; the and

g)Eco-profile means the geographic-based instrument for planners and decision makers which present an evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic

activities on the land which were evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area. h)Emission means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere; i) Greenhouse gases means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like; j) Hazardous substances means those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the

potential to pollute underground or surface waters; k) Infectious waste means that portion of medical waste that could transmit an infectious disease; l) Medical waste means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals; m) Mobile source means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods; n) Motor vehicle means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use; o) Municipal waste means the waste materials generated from

communities locality;

within

specific

p) "New vehicle means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country; q) Octane Rating or the Anti-Knock Index(AKI) means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking; r) Ozone Depleting Substances (ODS) means those substances that significantly deplete or otherwise

modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like; s) Persistent Organic Pollutants (POPs) means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane; t) Poisonous and toxic fumes means any emissions and fumes which are beyond internationally accepted standards, including but not limited to the World Health Organization (WHO) guideline values; u) Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions

from identified pollution sources at levels within the air pollution control standards established by the Department; v) Pollution control technology means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent; w) Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and x) Stationary source means any building or immobile structure, facility or installation which emits or may emit any air pollutant. Chapter 2 Air Quality Management System Article One General Provisions

SEC. 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following: a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Departments monitoring stations; b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein; c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation; d) Recommendations for necessary executive and legislative action; and e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality

performance rating of industries in the country. The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange. The Department shall serve as the central depository of all data and information related to air quality. SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education and information.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards. SEC. 8. Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall: a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act; b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality; c) Include a program to provide for the following: (1) enforcement of the measures

described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved; d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility; e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action

and environmental education and information; f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air pollution. The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans. In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered. Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department. A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits. SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. For a more effective air quality management, a system of planning and

coordination shall be established and a common action plan shall be formulated for each airshed. To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board. The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows: a) Provincial Governors from areas belonging to the airshed; b) City/Municipal Mayors from areas belonging to the airshed; c) A representative from each concerned government agency; d) Representatives from peoples organizations; e) Representatives from nongovernment organizations; and f) Representatives private sector. from the

The Board shall perform the following functions: a) Formulation of policies;

b) Preparation action plan;

of

common

c) Coordination of functions among its members; and d) Submission and publication of an annual Air Quality Status Report for each airshed. Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies. Emissions trading may be allowed among pollution sources within an airshed. SEC. 10. Management of Non-attainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources. In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to

protect the health and residents in the area.

welfare

of

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), peoples organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas. SEC. 11. Air Quality Control Techniques.Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include: a) Best available technology and alternative methods of prevention, management and control of air pollution; b) Best available technology economically achievable which

shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions. Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology. The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public. SEC. 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with other concerned agencies, shall review

and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows: a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Long Term b Averaging Averaging g/Ncm ppm Time Time 24 hours 90 24 hours 60 24 hours 80 24 hours ---1 hour 8 hours ---8 hours ---------------- 1 yeare ---- 1 yeare 0.03 1 year ---------------------------------1 year

Short Term a Pollutants g/Ncm ppm

Suspended Particulate 230d Matterc-TSP -PM-10 150f Sulfur Dioxidec 180 0.07 Nitrogen 150 0.08 Dioxide Photochemical 140 0.07 Oxidants As Ozone 60 0.03 Carbon 30 1 hour Monoxide 35 mg/Ncm 10 9 mg/Ncm g Lead 1.5 ---a

3 monthsg 1.0

Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.
b

Arithmetic mean

SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily

sampling may be done in the future once continuous analyzers are procured and become available.
d

Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e

Annual Geometric Mean

Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g

Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from: Industrial Sources/ Operations:
Pollutants1 Concentration2 /Ncm 1. Ammonia 200 ppm 0.28 0.01 30 30 Nesselerization/ Indo Phenol Tischer Method Averaging time (min.) Method of Analysis/ Measurement3

2. Carbon 30 Disulfide 3. Chlorine and Chlorine Compounds 100 expressed as Cl2 4. Formaldehyde 5. Hydrogen Chloride 6. Hydrogen Sulfide 7. Lead 8. Nitrogen Dioxide 50

0.03

Methyl Orange

0.04

30

200 100 20 375,260

0.13 0.07

30 30 30

Chromotropic acid Method or MBTH Colorimetric Method Volhard Titration with Iodine Solution Methylene Blue AASc Greiss- Saltzman

0.20,0.14 30,60

9. Phenol

100

0.03 0.18, 0.13

30 30,60

10. Sulfur 470, 340 Dioxide 11. Suspended Particulate Matter-TSP 300
1

4Aminoantiphyrine ColorimetricPararosaniline

----

60

Gravimetric

Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. 2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.
3

Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on: a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant; b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such

pollutant in the ambient varying quantities.

air,

in

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards. SEC. 13. Emission Charge System.- The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.

SEC. 14. Air Quality Management Fund.An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated. The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government. SEC. 15. Air Pollution Research and Development Program.- The Department,

in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution. Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control. Article Two Air Pollution Clearances and Permits for Stationary Sources SEC. 16. Permits.- Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air

pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan. SEC. 17. Emission Quotas.The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586. SEC. 18. Financial Liability for Environmental Rehabilitation.- As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or projects actual implementation. Liability for damages shall continue even after the termination of a program

or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate. Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments. Article Three Pollution from Stationary Sources SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this

section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the publics health and welfare. With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:
Maximum Permissible Limits (mg/Ncm) 10 as Sb 10 as As 10 as Cd 500 as CO 100 ax Cu

Pollutants 1. Antimony and Its compounds 2. Arsenic and its compounds 3. Cadmium and its compounds 4. Carbon Monoxide 5. Copper and its Compounds 6. Hydrofluoric Acids and Fluoride compounds 7. Hydrogen Sulfide

Standard Applicable to Source any source Any source Any source Any industrial Source Any industrial source Any source other than the manufacture of Aluminum from Alumina i) Geothermal Power Plants ii) Geothermal Exploration and well-testing iii) Any source other than (i) and

Method of Analysisa

AASb AASb AASb Orsat analysis AASb Titration with Ammonium Thiocyanate Cadmium Sulfide Method

50 as HF

c.d

7 as H2S

Cadmium Sulfide Method

8. Lead

(ii) Any trade, industry or process Any Source

10 as Pb

AASb

9. Mercury

AASb/Cold-Vapor 5 as elemental Technique or Hg Hg Analyzer 20 as Ni AASb

10. Nickel and its compounds, Any source except Nickel Carbonyl f 11. NOx

2,000 as acid i) Manufacture of and NOx and Nitric Acid calculated as NO2 ii) Fuel burning steam generators Existing Source 1,500 as NO2 New Source Coal-Fired 1,000 as NO2 Oil-Fired 500 as NO2 iii) Any source other than (i) adn (ii) Existing Source 1000 as NO2 New Source 500 as NO2 200 as P2O5 100 as Zn

Phenol-disulfonic acid Method Phenol-disulfonic acid Method

Phenol-disulfonic acid Method

12. Phosphorus Any source Pentoxideg 13. Zinc and its Any source Compounds
a

Spectrophotometry AASb

Other equivalent methods approved by the Department may be used. Atomic Absorption Specttrophotometry

All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr
d

All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e

Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f

Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1. Fuel Burning Equipment a) Urban or Industrial Area b) Other Area 2. Cement Plants (Kilns, etc.) 3. Smelting Furnaces 4. Other Stationary Sourcesa
a

150 mg/Ncm 200 mg/Ncm 150 mg/Ncm 150 mg/Ncm 200 mg/Ncm

Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.

Provided, further, That the maximum limits for sulfur oxides in said sources shall be:
(1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process (ii) Fuel burning Equipment (iii) Other Stationary Sourcesa (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process (ii) Fuel Burning Equipment (iii) Other Stationary Sourcesa
a

2.0gm.Ncm as SO3 1.5gm.Ncm as SO2 1.0gm.Ncm as SO3 1.5 gm.Ncm as SO3 0.7 gm.Ncm as SO2 0.2 gm.Ncm as SO3

Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.

For stationary sources of pollution specifically included in immediately preceding paragraph, following emission standards shall be exceeded in the exhaust gas:

not the the not

I. Daily And Half Hourly Average Values

Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulfur dioxide (SO2) Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less Ammonia

Half Daily Hourly Average Average Values Values 10 30 3 mg/m mg/m3 10 20 3 mg/m mg/m3 10 60 mg/m3 mg/m3 1 mg/m3 4 mg/m3 50 200 mg/m3 mg/m3 200 mg/m3 300 mg/m3 10 mg/m3 20 mg/m3 400 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its Compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead ( Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) total 0.5 mg/m3 total 0.05 mg/m3 0.05 mg/m3

Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3. Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards. Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control

device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds. SEC. 20. Ban on Incineration.Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation siga, traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department. Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting. With due concern on the effects of climate change, the Department shall

promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes. Article Four Pollution from Motor Vehicles SEC. 21. Pollution from Motor Vehicles.- a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public. The following emission standards for type approval of motor vehicles shall be effective by the year 2003: a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles Type Approval

(Directive 91/441/EEC)

CO (g/km) 2.72
a

HC + NOx
(g/km)

0.97
for compression-ignition engines only

PMa (g/km) 0.14

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:
Reference Weight (RW) CO (kg) (g/km) Category 1 1250< RW 2.72 Category 1250< RW<1700 5.17 2 Category RW>1700 6.9 3
a

HC + NOx (g/km) 0.97 1.4 1.7

PMa (g/km) 0.14 0.19 0.25

for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
CO (g/k/Wh) 4.5
a

HC (g/k/Wh) 1.1

NOx (g/k/Wh) 8.0

PM (g/k/Wh) 0.36a

In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for sparkignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to: [1] Inspect and monitor the emissions of motor vehicles; [2] Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and [3] Authorize private testing emission testing centers duly accredited by the DTI. c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamperresistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program. SEC. 22. Regulation of All Motor Vehicles and Engines.- Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced

by a Certificate of Conformity (COC) issued by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration. The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such

vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices. SEC. 23. Second-Hand Motor Vehicle Engines.Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Article Five Pollution from Other Sources SEC. 24. Pollution from smoking.Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of ones private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs. SEC. 25. Pollution from other mobile sources.The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties

from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC. Chapter 3 Fuels, Additives, Substances and Pollutants Article One Fuels, Additives and Substances SEC. 26. Fuels and Additives.- Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS). The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related

products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision. Consistent with the provisions of the preceding paragraphs under this section, it is declared that: a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an antiknock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed

forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume; b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a

concentration of sulfur excess of 0.30% (by weight).

in

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act. The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act. Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department. SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or

introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information: a) Product identity and composition to determine the potential health effects of such fuel additives; b) Description of the analytical technique that can be used to detect and measure the additive in any fuel; c) Recommended concentration; and d) Purpose in the fuel and additive. range use of of the

SEC. 28. Misfueling.- In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled unleaded gasoline only. This prohibition shall also apply to any person who knows or should know that such vehicle is designed

solely for gasoline.

the

use

of

unleaded

SEC. 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline.- Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and components requiring the use of leaded gasoline. For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act. Article Two Other Pollutants SEC. 30. Ozone-Depleting Substances.Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer. SEC. 31. Greenhouse Gases.The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities. The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country. SEC. 32. Persistent Organic Pollutants.The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in

the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list. SEC. 33. Radioactive Emissions.- All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies. Chapter 4 Institutional Mechanism SEC. 34. Lead Agency.- The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. To be more

effective in this regard, The Departments Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is created. SEC. 35. Linkage Mechanism.The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or peoples organizations (POs),or private enterprises in the furtherance of the objectives of this Act. SEC. 36. Role of Local Government Units.- Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, That in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.

The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction. SEC. 37. Environmental and Natural Resources Office.There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are: a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian; b) To provide technical assistance and support to the governor or

mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality; c) To take the lead in all efforts concerning air quality protection and rehabilitation; d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws; e) To coordinate with other government agencies and nongovernmental organizations in the implementation of measures to prevent and control air pollution; and f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That

in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management, conservation and utilization. SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to: (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of: (a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and (c) test any emission. Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Departments industrial rating system. SEC. 39. Public Education and Information Campaign.- A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS),

the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign. Chapter 5 Actions SEC. 40. Administrative Action.Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates: (a) Standards or limitation provided under this Act; or (b) Any order, rule or regulation issued by the Department with respect to such standard or limitation. SEC. 41. Citizen Suits.- For purposes of enforcing the provisions of this Act or its implementing rules and

regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against: (a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or (b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirtyday (30) notice has been taken thereon. The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-

enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction. Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorneys fees and damages. SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently. SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act.Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses

of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorneys fees and double damages. This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act. SEC. 44. Lien Upon Personal and Immovable Properties of Violators.Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to laborers wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines. Chapter 6 Fines and Penalties SEC. 45. Violation of Standards for Stationary Sources.For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department,

through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with. For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violators ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offenders ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation. The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines. In addition to the fines, the PAB shall order closure, suspension of

development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU. SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof. Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this

purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads. In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management

conducted by the DOTC and shall also suffer the following penalties: a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00); b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00). Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI. All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and

regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program. SEC. 47. Fines and Penalties for Violations of Other Provisions in the Act.- For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided. SEC. 48. Gross Violations.- In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:

[a] three (3) or more specific offenses within a period of one (1) year; [b] three (3) or more specific offenses with three (3) consecutive years; [c] blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and [d] irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act. Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided. Chapter 7 Final Provisions

SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers laid off due to a companys compliance with the provisions of this Act. SEC. 50. Appropriations.- An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE. Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act. SEC. 51. Implementing Rules and Regulations.The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one

(1) year after the enactment of this Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act. SEC. 52. Report to Congress.- The Department shall report to Congress, not later than March 30 of every year following the approval of this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action. SEC. 53. Joint Congressional Oversight Committee.- There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be cochaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives. SEC. 54. Separability of Provisions.If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration. SEC. 55. Repealing Clause.Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly. SEC. 56. Effectivity.- This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
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IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

Pursuant to the provisions of Section 51 of Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999," and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations: PART I GENERAL PROVISIONS RULE I PRELIMINARY PROVISIONS Section 1. Title. - These Rules shall be known and cited as the "Implementing Rules and Regulations of the Philippine Clean Air Act of 1999." Section 2. Purpose. - The purpose of these Rules is to provide guidelines on the operationalization of the Philippine Clean Air Act of 1999. Section 3. Scope . - These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Transportation and Communication, the Department of Trade and Industry, the Department of Energy and all other

concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Air Quality Management and Control Program. Section 4. Construction. These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of balancing development and environmental protection through the pursuance of the framework of sustainable development. Sustainable development shall refer to development that meets the needs of the present without compromising the ability of future generations to meet their own needs. RULE II DECLARATION OF STATE POLICY Section 1. Declaration of Policy. - It is the policy of the State to protect and advance the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. It is also the policy of the State to attain and maintain a balance between development and environmental protection.

Finally, it is the policy of the State to maintain a quality of air that protects human health and welfare. RULE III AIR QUALITY PRINCIPLES Section 1. Air Quality Principles. a. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. b. The State recognizes that responsibility of cleaning habitat and environment primarily area-based and that quality management and control most effective at the level airsheds. the the is air is of

c. The State recognizes the principle that "polluters must pay" and the important role of economic instruments in air quality management and control. d. The State recognizes that a clean and healthy environment is

for the good of all and should therefore be a concern of all. RULE IV AIR QUALITY POLICIES Section 1. Air Quality Policies. - It is the policy of the State to: a. Formulate a comprehensive national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; b. Encourage cooperation and selfregulation among citizens and industries through the application of market-based instruments; c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; d. Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and e. of Formulate and enforce a system accountability for short and

long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. RULE V RIGHTS Section 1. Recognition of Rights. Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: a. The right to breathe clean air; b. The right to utilize and enjoy all natural resources according to the principles of sustainable development; c. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; d. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities

that may have adverse impact on the environment and public health; e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

RULE VI DEFINITION OF TERMS Section 1. Definitions. - The following terms as used in these Implementing Rules and Regulations shall be defined as follows: "Act" refers to Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999"; "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases all in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated steam and radioactive substances; "Air pollution" means any alteration of the physical, chemical and biological properties of the atmosphere, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for

domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; "Air quality performance rating" refers to a rating system to be developed by the Department through the Bureau. The air quality performance ratings will be grouped by industry, and will compare emissions data for industrial sources to the relevant National Ambient Air Quality Standards and the relevant National Emissions Standards for Source Specific Air Pollutants. "Airshed" refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere. "Ambient air quality" refers to the atmospheres average purity in a broad area as distinguished from discharge measurements taken at the source of pollution or the present characteristic or nature of the surrounding atmosphere; "Ambient air quality guideline values" refers to the concentration of air over specified periods classified as shortterm and/or long-term which are intended to serve as goals or

objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality. In general, used as a basis for taking positive action in preventing, controlling, or abating health impacts from air pollution; "Ambient air quality standard" means the concentration of an air pollutant which, in order to protect public health and/or public welfare, shall not be exceeded in the breathing zone, at any time. Standards are enforceable and must be complied with by the owner or person in-charge of an industrial operation, process or trade; "Authority to Construct" refers to the legal authorization granted by the Bureau to install a new source or modify an existing source. "Best Available Control Technology" refers to approaches, techniques or equipment which when used, result in lower air emissions but in a costeffective manner. BACT results in lower emission rates than those specified in the National Emission Standards for Source Specific Air Pollutants

"Bio-medical waste" refers to pathological wastes, pharmaceutical wastes, chemical wastes and sharps defined as follows: "Pathological wastes" include all human tissue (whether infected or not) such as limbs, organs, fetuses and body fluid; animal carcasses and tissue from laboratories, together with all related swabs and dressings; "Pharmaceutical wastes" include pharmaceutical products; drugs and chemicals that have been returned from wards; have been spilled or soiled; are expired or contaminated; or are to be discarded or any reason; "Chemical wastes" include discarded solid, liquid or gaseous chemicals from housekeeping and disinfecting procedures; "Bureau" or "EMB" refers to the Central Office of the Environmental Management Bureau and its Regional Offices under the Department; "Cease and Desist Order" refers to the ex parte Order directing the discontinuance of the operation resulting in the emission or discharge of pollutants exceeding the emission standards or whenever such emission or

discharge constitutes imminent threat to human, animal or plant life, public health or public safety. Non-compliance with an undertaking or agreement submitted to the Department shall likewise be a ground for issuance of a CDO; "Certificate of Conformity" refers to the certificate issued by the Department to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its Implementing Rules and Regulations; "Completely Built-up Unit (CBU)" refers to vehicles imported into the country either brand new or used and ready for operation; "Compliance Plan" refers to a plan submitted to the Bureau for approval which details how an existing stationary air emissions source will be brought into compliance. The owner of the facility must submit the plan within two months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable.

"Compression Ignition Engine" means an internal combustion engine in which atomized fuel temperature is raised through compression, resulting in ignition, e.g., diesel engines; "Completely Knocked-Down" (CKD) refers to new parts and components and/or engines that are imported in disassembled condition for purposes of assembly. It may include not only parts and components but also sub-assemblies and assemblies, e.g., engines, transmissions, axle assemblies, chassis and body assemblies; "Continuous Emission Monitoring System" means the total equipment, required under these Implementing Rules and Regulations or as directed by the Bureau, used to sample and condition (if applicable), analyze, and provide a permanent record of emissions or process parameters. Such record shall be the basis of the firms compliance with the emission standards. Further, it may be an approved monitoring system for continuously measuring the emission of a pollutant from an affected source or facility and as such, may be used in computing annual emission fees; "Criteria Pollutants" are air pollutants for which National Ambient

Air Quality Guideline Values have been established; "Department" refers to the Department of Environment and Natural Resources; "Detoxification process" refers to the process of diminishing or removing the poisonous quality of any substance using chelating agents to prevent or reverse toxicity particularly for those substances (e.g., heavy metals) that are cumulative or persistent in the body; "Director" means the Director of the Bureau; "Eco-profile" shall refer to the geographic-based instrument for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of various primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies. This will enable the Department to anticipate the type of development control that is necessary in the planning area;

"Emission" means any measurable air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere; "Emission averaging" is a technique whereby a facility having more than one source of a given pollutant may, under certain circumstances and with EMB approval, reduce emissions from one or more sources sufficiently so that the average of all the facility's source emissions is equal to or below the applicable standard for a particular pollutant. Emission averaging is computed on an annual potential ton per year basis. "Emission Charge" refers to a fee corresponding to the quality, quantity, volume and toxicity of emissions from an industrial or mobile source; "Emission Credits" are generated by sources that reduce their annual mass emissions below the equivalent minimum regulatory level by either installing and operating pollution control devices or by using other Bureau approved methods. The equivalent minimum regulatory level is based upon the lowest annual emissions in tons that results when the source operates at its permitted emission rate for its typical annual operating hours. Sources that

are subject to different allowable emission rates, such as National Emission Standards and Ambient Air Quality Standards, must estimate the minimum regulatory level on the standard that provides the lowest annual allowable tonnage. An emission credit is equal to one ton of an air pollutant; "Emission factor" refers to a representative value that attempts to relate the quantity of a pollutant released to the atmosphere with an activity associated with the release of that pollutant. Emission factors may be used to calculate emission fees, as indicated in Rule VI, Section V. These factors are usually expressed as the weight of pollutant divided by a unit weight, volume, distance, or duration of the activity emitting the pollutant (e. g., kilograms of particulate emitted per megagram of coal burned). Such factors facilitate estimation of emissions from various sources of air pollution. In most cases, these factors are simply averages of all available data of acceptable quality. The general equation for emission estimation is: E = A x EF x (1-ER/100) where: E = emissions; A = activity rate; EF = emission factor; and ER= overall emission reduction efficiency, %.ER is

further defined as the product of the control device destruction or removal efficiency and the capture efficiency of the control system. When estimating emissions for a long time period (e. g., one year), both the device and the capture efficiency terms should account for upset periods as well as routine operations. "Emissions Trading" refers to a marketbased approach to air pollution control which allows for transferring emission credits between different facilities for use as a form of regulatory compliance; "Episode" means a series of short-term air pollution events that significantly alter the ambient air quality of an affected area; "Equivalent Method" refers to any technique or procedure for sampling and/or analyzing an air pollutant which has been approved by the Bureau and demonstrated to have a consistent and quantitatively known relationship with the designated standard method; "Existing Source" means any source already erected, installed, and in operation; or any source for which construction has been offered for bidding or actual construction has

commenced prior to the date of effectivity of these Implementing Rules and Regulations Any existing source which in the opinion of the Department has undergone a modification after the date of adoption of an applicable rule and regulation, shall be reclassified and considered a new source; "Governing Board" refers to a multisectoral body created under Section 9 of the Act to effectively carry out and implement the air quality action plan of an airshed; "Greenhouse gases" refers to those gases such as carbon dioxide, methane, and oxides of nitrogen, chloroflourocarbons, and the others that can potentially or can reasonably be expected to induce global warming; "Gross Vehicle Mass or Weight" means the gross vehicle mass or weight as declared by the vehicle manufacturer; "Guideline" means an official recommendation or guidance on the protection of human beings or receptors in the environment from the adverse effects of air pollutants; "Hazardous substances" refers to those substances which present either: (1) short-term acute hazards such as acute

toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, including carcinogenicity (which in some cases may result in acute exposure but with a long latent period), resistance to the detoxification process, or the potential to pollute underground or surface waters; "Imported Used/Second-Hand Vehicle" means any used or second-hand motor vehicle imported and registered in the country of origin; "Incinerator" refers to a facility, equipment, furnace or other similar structure which burns municipal, biomedical or hazardous wastes, which process emits toxic and poisonous fumes; "Infectious waste" refers to soiled surgical dressings, swabs and other contaminated waste from treatment areas; materials which have been in contact with persons or animals suffering from infectious diseases; cultures and stocks of infectious agents from laboratory work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc; waste from dialysis treatment area;

waste from patients in isolation wards; all materials which may contain pathogens in sufficient concentration or quality that exposure to could result in disease; "Installation" means any structure, equipment, facility or appurtenances thereto, operation of which may be a source of pollution or a means to control the same; "In-Use Vehicle" means a motor vehicle duly registered with the LTO; "Light Duty Vehicles" are motor vehicles whose gross vehicle weight is equal to or less than 3,500 kgs. This also refers to "Light Commercial Vehicles;" "Lowest Achievable Emission Rate" refers to any technology or combination of technology and process controls that results in the lowest possible emissions of a given air pollutant. Cost is not a consideration in determining applicable LAER for a given source; however, technical feasibility is. The technology must be reasonably demonstrated to be appropriate and reliable for each application; "Mandatory Inspection" refers to the interval between testing and the tests

performed, as partial pre-condition for the renewal of registration of in-use motor vehicles; "Manufacturer or Assembler" means any entity or person who manufactures or assembles motor vehicles, for eventual use in the Philippines; "Medical waste" means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals; "Medium/Heavy Duty Vehicles" refers to motor vehicles whose gross vehicle weight is greater than 3,500 kgs; "Mobile source" means any vehicle/machine propelled by or through oxidation or reduction reactions, including combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods, that emit air pollutants as a reaction product; "Modification" means any physical change or alteration in the method of operation of an existing source which increases the amount of any air pollutant (to which a standard applies)

emitted into the atmosphere by that source, or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously permitted. The following are exempted from the said definition: Routine maintenance, repair and replacement shall not be considered physical changes if not intended to extend the useful life beyond the equipment manufacturers design; An increase in the production rate providing the facility is permitted to operate at the increased level and that such increase does not exceed the designed capacity of the existing source; and An increase in hours of operation provided that the facility is permitted to operate for the increase in hours. "Motorcycle" refers to any two-wheeled motor vehicle with at least one headlight, taillight and stoplight, and one or more saddle seats. For purposes of these rules, motorcycles shall include motorcycles with attached cars also known as "tricycles". "Motor Vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human

or animal power constructed and operated principally for the conveyance of persons or the transportation of goods; "Motor Vehicle Registration" refers to the official recording of a motor vehicle by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the safety and emission standards provided under Section 21 of the Act, including the pre-evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as amended, otherwise known as the Land Transportation Code; "Municipal waste" refers to the waste materials generated from communities within a specific locality; "National Ambient Air Quality Guideline Values" are limits on criteria air pollutant concentrations published by the Department, intended to be protective of public health, safety, and general welfare. "National Motor Vehicle Inspection and Maintenance Program" refers to the set of projects and other activities and efforts all designed to reduce the damaging impact of air pollution and unsafe vehicles on health and safety of

the people, through adoption of standards for emission and vehicle safety, and a series of measures to ensure compliance with them; "New Motor Vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country; "New Source" means any plant, equipment, or installation in any trade, business or establishment which generates, emits or disposes air emissions into the atmosphere and constructed after the date of effectivity of these Implementing Rules and Regulations. This includes any existing stationary source transferred or moved to a different location or site for the purpose of installation, operation or use after such date; "Normal Cubic Meter" (Ncm) means the volume of dry gas which occupies a cubic meter measured at twenty five degrees Celsius (25o) at an absolute pressure equivalent to seven hundred sixty (760) mm Hg; "Octane Rating" or the "Anti-Knock Index" (AKI) means the rating of the

anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON), the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, refers to the minimum octane rating or such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or substantial portion of such class, without knocking; "Opacity" means the amount of light obscured by particle pollution in the atmosphere; "Operator" means a person or entity that manages a transport business but not necessarily a vehicle owner; "Owner" means the person or entity identified as the motor vehicle owner in the motor vehicle registration or by a valid deed of sale; "Ozone Depleting Substances" (ODS) refers to those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects

on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like; "Particulate Matter" Particulates" means any than uncombined water, a finely divided form solid; or "Suspended material, other which exists in as a liquid or

"Permit" refers to the legal authorization to engage in or conduct any construction, operation, modification or expansion of any installation, operation or activity which will be reasonably be expected to be a source of pollution; "Permit to Operate" refers to the legal authorization granted by the Bureau to operate or maintain any installation for a specified period of time; "Permit statement permit, necessary permit; Condition" refers to a or stipulation issued with a compliance with which is for continued validity of the

"Persistent Organic Pollutants" (POPs) means organic compounds that persist in the environment, bio-accumulative through the food web, and pose a risk of causing adverse effects to human

health and the environment. These compounds resist photolytic, chemical and biological degradation, and include but are not limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene and chlordane; "Poisonous and toxic fumes" means any emission and fumes which do not conform to internationally accepted standards, including but not limited to World Health Organization (WHO) guideline values; "Pollution control device" refers to any device or apparatus that is used to prevent, control, or abate the pollution of air caused by emissions from identified sources at levels within the air pollution standards established by the Department; "Pollution control technology" refers to pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluents; "Potential to emit" refers to the annual mass emissions that would result from a source when operating 8,760

hours per year. Actual emissions are based on the actual hours of operation per year; "Rebuilt Motor Vehicle" means a locally assembled vehicle using new or used engine, major parts or components "Reference Mass or Weight" means the mass or weight of the vehicle in running order with a full fuel tank and including the set of tools and spare wheel, plus 100 kilograms but does not include the mass or weight of the passengers and driver; "Regional Director" means the Regional Director of any Regional Office; "Regional Office" means one of Regional Offices of the Bureau; the

"Ringelmann Chart" means the chart described in the U.S. Bureau of Mines, Information Circular No. 8333 and No. 7718, and used for measuring smoke opacity; "Semi-Knocked Down (SKD)" refers to parts and components and/or engines that are imported in partially assembled condition for assembly purposes. This includes semi-assembled vehicles and cars without tires and batteries;

"Siga" means the traditional small scale method of burning of wastes resulting from cleaning the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and trees in the backyard where the burning is done; "Smoke Opacity Meter (or Opacimeter)" means an instrument which determines the smoke opacity in exhaust gases emitted by the engine system. "Spark-Ignition Engine" means an internal combustion engine in which the air/fuel mixture is ignited by a spark plug, e.g., a gasoline engine; "Standard of performance" means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environment impact and energy requirement as determined by the Department through the Bureau; "Stationary source" refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant;

"Useful Life of Vehicles and Engines" refers to the period of time a vehicle and/or engine can be used, and meet standards of road worthiness and engine emissions; "Vehicle Type" means a category of power-driven vehicles which do not differ in such essentials as reference mass or weight, engine type, number of cylinders, body configuration, manner of transmission, fuel used and similar characteristics. PART II NATIONAL AMBIENT AIR QUALITY GUIDELINES RULE VII NATIONAL AIR QUALITY Section 1. National Ambient Air Quality Guideline Values (a) Pursuant to Section 12 of Republic Act 8749, the initial set of National Ambient Air Quality Guideline Values necessary to protect public health and safety and general welfare shall be as follows: Table 1 National Ambient Air Quality Guideline Values

Short Terma

Long Termb

m Avera m Averag Pollutan g/Nc ging g/Nc ing ts m ppm Time m ppm Time Suspende 230d d 150f Particul ate Matterc TSP PM-10 Sulfur Dioxidec 180 0.0 24 7 hours 0.0 24 8 hours 80 0.0 1 3 year 24 90 hours 60 24 hours 1 yeare 1 yeare

Nitrogen 150 Dioxide Photoche mical Oxidants as Ozone

140 0.0 1 60 7 hour 0.0 8 3 hours

Carbon 35 30 1 Monoxide mg/N 9 hour cm 8 10 hours mg/N cm Leadg 1.5 3 1.0 1

month sg
a

year

Maximum limits represented by ninetyeight percentile (98%) values not to exceed more than once a year.
b c

Arithmetic

mean.

SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available. Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 m m.
d e f

Annual

Geometric

Mean.

Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 m m and below until sufficient monitoring data are gathered to base a proper guideline. Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for
g

any three months shall not exceed the guideline value. (b) The applicable methods for sampling and measurement of the above pollutants are as follows: TSP - High Volume - Gravimetric, USEPA 40 CFR, Part 50, Appendix B - High Volume with 10 micron particle-size inlet; Gravimetric, USEPA 40 CFR, Part 50, Appendix J - Gas Bubbler and Pararosaniline Method (West and Gaeke Method), or Flame Photometric Detector, USEPA 40CFR, Part 50, Appendix A Nitrogen Dioxide - Gas Bubbler Griess-Saltzman, or Chemiluminescence Method, USEPA 40 CFR, Part 50, Appendix F Ozone - Neutral Buffer Potassium Iodide (NBKI), or Chemiluminescence Method, USEPA 40 CFR, Part 50, Appendix D Carbon - Non-dispersive Infra-red

PM-10

Sulfur Dioxide

Monoxide

Spectrophotometry (NDIR), USEPA 40 CFR, Part 50, Appendix C

Lead

- High Volume and Atomic Absorption Spectrophotometry, USEPA 40 CFR, Part 50, Appendix G

(c) An analyzer based on the principles and methods cited above will be considered a reference method only if it has been designated as a reference method in accordance with 40 CFR, Part 53. (d) Other equivalent methods approved by the Bureau may be adopted. Section 2. Review of Air Quality Guideline Values. - The Department through the Bureau shall, on a routine basis, in coordination with other concerned agencies and programs such as the National Research and Development Program for the Prevention and Control of Air Pollution, review the list of Hazardous Air Pollutants and Guideline Values and recommend to the Secretary of the Department the revision thereof whenever necessary to protect public health and safety, and general welfare, consistent with the requirements of

Rule

XVII,

Section

3.

Section 3. Publication of Revised Values. Upon approval by the Secretary, the revised Ambient Air Quality Guideline Values shall be published in one (1) newspaper of general circulation and shall be posted on a public Internet website. Section 4. Air Quality Indices. - The Department through the Bureau, and in conjunction with the Department of Health (DOH) may formulate a pollution standard index of air quality to protect public health, safety and general welfare. Implementation and enforcement of corrective actions contained in the index will be at the local government unit (LGU) level. Annex A contains the air quality indices and recommended actions that each LGU may opt to follow. PART III MAINTENANCE OF ATTAINMENT AREAS RULE VIII ATTAINMENT AREAS - GENERAL Section 1. Designation of Attainment Areas. - The Bureau shall delineate areas where the existing ambient air quality is at or below (that is,

complies with) National Ambient Air Quality Guideline Values given in Part II, and shall designate such areas as "attainment areas." Designation of attainment areas will be based on monitoring data collected using the reference methods in Part II and/or other relevant information, including meteorological data, and data covering existing nearby sources. The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data become available. Section 2. Review of Area Designation. The Bureau shall revise area designations as additional data, whether monitoring, source or general knowledge, become available. Results from reviews of area designations will be made available for public comment. RULE IX EXISTING SOURCES IN ATTAINMENT AREAS Section 1. Standards. Existing sources must comply with National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.

Section 2. Non-compliance. - Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval, which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of noncompliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. The Bureau may grant an extension of up to twelve (12) months for good-faith actions from the source owner. Section 3. Emission Averaging and Emission Trading. - Compliance plans submitted under Section 2 above may include use of emission averaging and emission trading as approved by the Bureau and described in Rules XXI and XXII, respectively. Section 4. Modification of Sources. Any existing source in an attainment area making a change or modification to its process or production which results in an increase of POTENTIAL emissions equal to or greater than the following shall be considered significant and subject to Rule X for the affected

pollutant(s). Carbon Monoxide Nitrogen Oxides Sulfur Dioxide TSP PM10 100 tons per year 40 tons per year 40 tons per year 25 tons per year 15 tons per year

Volatile Organic 40 tons per year Compounds Hydrogen Sulfide 10 tons per year

RULE X NEW/MODIFIED SOURCES IN ATTAINMENT AREAS Section 1. Standards. - New or modified sources must comply with National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source. Section 2. Best Available Control Technology. - Sources subject to this Rule shall, in addition to meeting the requirements of Section 1 of this Rule, install and operate Best Available

Control Technology for each regulated pollutant with the potential to be emitted in quantities equal to or greater than 100 tons per year. Selection of the appropriate control technology will be made in consultation and with the approval of the Bureau but in no case shall it result in noncompliance with requirements of Section 1. Installation of the control equipment will be at the time of source construction or modification. Section 3. Increment Consumption. - No new source may be constructed or existing source modified if emissions from the proposed source or modification will, based on computer dispersion modeling, result in; Exceedance of the National Ambient Air Quality Guideline Values; or An increase in existing ambient air levels above the levels shown below: PM-10, annual arithmetic mean PM-10, 24-hr maximum Sulfur 17 micrograms per cubic meter 30 micrograms per cubic meter 20 micrograms per

Dioxide, annual arithmetic mean

cubic meter

Sulfur 91 micrograms per Dioxide, 24-hr cubic meter maximum Nitrogen Dioxide, annual arithmetic mean 25 micrograms per cubic meter

In the case of multiple point sources at a single facility, the net emissions from all affected sources shall be included in a single increment analysis. Section 4. Emission Averaging and Emission Trading. - Sources subject to provision of this Rule shall not be eligible for emission averaging however they may generate emission credits for purposes of an acceptable emission trading program. Section 5. Continuous Emission Monitoring. - New and modified sources shall install and operate, according to manufacturer specifications, continuous emission monitoring systems (CEMS) for

each applicable pollutant listed in Section 4, Rule IX that the source has the POTENTIAL to emit in quantities equal to or greater than 100 tons per year. TSP and PM-10 fractions are not differentiated for purposes of this section; therefore, applicability will be determined by the total particulate matter expected to be emitted for new sources, or as collected by 40 CFR Part 60, Appendix A, Method 5 for modified sources. CEMS shall be applied as follows: All sources subject to this section: Sources shall install and operate a CEMS for carbon dioxide and oxygen that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 3. Additionally, each source shall, as appropriate meet the following requirements; a. Particulate matter: Sources shall install and operate a CEMS for opacity that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 1. The owner shall have the additional requirement of establishing a calibration curve showing the relationship between opacity as measured by the CEMS and mass particulate emission rate as

determined by Method 5. The calibration curve shall cover the full range of reasonably expected operating conditions and/or process rates of the source and shall consist of at least three data points, one at maximum permitted operations, one at maximum design capacity, and one at 80% of the maximum permitted rate. The Bureau may waive one test point if the permitted rate and maximum design capacity rate are the same. b. Sulfur Dioxide and Nitrogen Oxides: Sources shall install and operate a CEMS for these parameters that meet criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 2. c. Carbon Monoxide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 4 or 4A. d. Hydrogen Sulfide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 7.

The CEMS requirements under this Section shall not apply to refinery flares, as well as to volatile organic compounds, unless a specific provision requires CEMS for volatile organic compounds is included in the facilitys permit to operate. PART IV MANAGEMENT OF NON-ATTAINMENT AREAS RULE XI NON-ATTAINMENT AREAS - GENERAL Section 1. Designation of NonAttainment Areas. - The Bureau shall designate and delineate areas where the existing ambient air quality is not in conformance with National Ambient Air Quality Guideline values given in Part II as "non-attainment areas." Designation of non-attainment areas will be based on monitoring data collected using the reference methods in Part II or as may be reasonably expected from existing nearby sources and meteorological conditions. Special consideration will be given to populated areas where greater numbers of people may be exposed to unhealthy air. The Department through the Bureau will designate attainment and nonattainment areas, and will review and revise these designations from time to

time as available.

relevant

data

becomes

An area may be designated as nonattainment for one or more criteria pollutants, and may be an attainment area for the remaining criteria pollutants. Section 2. Review of Area Designation. - The Bureau shall revise and/or confirm area designations as additional data, whether monitoring, sampling, source specific or general knowledge, becomes available. Results from reviews of area designations will be made available for public comment/review. RULE XII EXISTING SOURCES IN NON-ATTAINMENT AREAS Section 1. Standards. Existing sources must comply with all National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source. Section 2. Non-compliance. - Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval which details how the source will be brought into compliance. The owner of the facility

must submit the plan within two (2) months of notification of noncompliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. Extensions or grace periods will not be allowed in non-attainment areas. Should the source failed to comply with its commitment within the specified period in the compliance plan, the Bureau shall impose penalties and fines to be computed retroactive from the time the notification of non-compliance was served. Section 3. Emission Averaging and Emission Trading. - Existing sources located in non-attainment areas will be allowed to use emission averaging for compliance purposes however, they will not be allowed to participate in emission trading for the pollutant or pollutants for which the area is designated as a non-attainment area, except as a generator (not user) of emission reduction credits. Section 4. Modification of Sources. Any existing source located in a nonattainment area and making a change in process or production which increases

POTENTIAL emissions from the source of the pollutant for which the area is designated non-attainment, shall be classified as modified and subject to Rule XIII. Equipment overhaul, refurbishment, or upgrade to extend the life of the equipment beyond its normal useful life is considered to be a modification if it result in the increase of POTENTIAL emissions for purposes of this Section. Section 5. Emission Fee Surcharge. Sources subject to the non-attainment provisions will be assessed a 50% surcharge (i.e., 150% of base) on the annual emission fees for the pollutant(s) for which the area is designated non-attainment. Section 6. Penalty and Fine Surcharge. - Sources subject to the non-attainment provisions will be subject to a 100% surcharge (i.e., 200% of base) for any penalties or fines relating to a violation of the non-attainment provisions. RULE XIII NEW/MODIFIED SOURCES IN NON-ATTAINMENT AREAS Section 1. Standards. - New or modified sources must comply with all National

Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source. Section 2. Lowest Achievable Emission Rate., - New and modified sources (as defined in Section 4 of Rule XII) shall install and operate air pollution control technology which will provide the lowest achievable emission rate (LAER) of the pollutant for which the area is designated non-attainment. The affected firm will propose technologies it believes will meet the intent of this regulation. The Bureau will approve the use of lowest achievable emission rate control technologies on a case-by-case basis. Section 3. Emission Offsets. - New and modified sources must provide offsets in existing actual emission within the non-attainment area in a ratio of 1:1.2 to the POTENTIAL emission level of the proposed new or modified source. The offsets may be made from any existing source in the non-attainment area but must be actual, demonstrable, enforceable and permanent. The proposed offsets are subject to approval by the Bureau. Section 4. Emission Averaging and Emission Trading. - New and modified sources subject to the non-attainment

provisions may not use emission trading or emission averaging for compliance purposes. Section 5. Continuous Emission Monitoring. - New and modified sources must install and operate, according to manufacturer specifications, continuous emission monitoring devices for each pollutant for which the area is in nonattainment and which the source emits. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5. Section 6. Emission Fee, Penalty and Fine Surcharge. - Sections 5 and 6 of Rule XII above shall apply to new and modified sources in non-attainment areas. PART V AIR QUALITY MANAGEMENT SYSTEM RULE XIV AIR QUALITY MANAGEMENT INFORMATION SYSTEM Section 1. Ambient Air Monitoring Network. - The Bureau shall, within two (2) years from the effectivity of these Rules, design and establish an Ambient Air Monitoring Network for the assessment of ambient air quality. The

Ambient Air Monitoring Network shall be expanded gradually to cover the entire country. Section 2. Emissions Inventory. - The Bureau shall, within three (3) years from the date of effectivity of these Rules, and every three (3) years thereafter, make an inventory of emissions from stationary, mobile and area sources. Where possible, the Bureau shall coordinate with the Governing Boards Section 3. Air Quality Database. - The Bureau and the National Statistical Coordination Board shall design the Air Quality Database which shall be computerized and stored in a manner accessible to the public and shall contain data collected from the Ambient Air Monitoring Network and the Emissions Inventory. The Bureau shall maintain and update the Air Quality Database. Section 4. National Air Quality Status Report. - The Bureau, shall prepare the Annual National Air Quality Status Report which shall contain: (a) A summary of the extent of air pollution in the country, per type of pollutant and per type of source;

(b) An analysis and evaluation of the current state, trends and projections of air pollution; (c) An identification of critical areas, activities, or projects which will need closer monitoring or regulation; (d) Recommendations for necessary executive and legislative action; and (e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country. Upon approval by the Secretary of the Department of Environment and Natural Resources, the National Air Quality Status Report shall be submitted to the Office of the President and to Congress on or before March 31 of every year and shall cover the preceding calendar year. The National Air Quality Status Report and other related reports shall be made available to the public. RULE XV AIRSHEDS Section 1. Authority.- The Secretary of the Department, upon the recommendation

of the Bureau, shall divide the geopolitical regions of the country into airsheds. Section 2. Designation of Airsheds.Designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. Designation of airsheds shall be revised as additional data, needs or situations arise.For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed. Section 3. Initial Designation of National Airsheds. - The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data become available. Section 4. Governing Board. - Pursuant to Section 9 of the Act, a Governing Board will be created for each airshed to effectively carry out the formulated action plans.

Section 5. Composition and Organizational Set-up of the Board.Each Governing Board shall be headed by the Secretary of the Department as chairman. The members shall be as follows: (a) Provincial Governors from areas belonging to the airshed; (b) City/Municipal Mayors from areas belonging to the airshed; (c) A representative from each concerned government agency; (d) Representatives from people's organizations; (e) Representatives from nongovernment organizations; and (f) Representatives from the private sector. There shall be two Deputy Chairpersons, namely, the Department Regional Executive Director and Regional Director in the region where the airshed is located. It is expected that the ratio of the number of Board representatives from government agencies to those from non-government agencies or organizations will be on the order of 60/40. Section 6. Functions of the Board. Each Governing Board shall perform the following functions within its jurisdiction (airshed):

(a) Formulation of policies and standard-setting; (b) Preparation of a common action plan; (c) Coordination of functions among its members; and (d) Submission and publication of an annual Air Quality Status Report for each airshed. Section 7. Executive Committee. - An Executive Committee will be formed consisting of seven persons; Chairperson, 2 Deputy Chairs and 4 members elected by the at large governing board. Where possible, members of the Committee will be selected for their expertise in the subject area. Representatives will be selected from the appropriate region. Section 8. Technical Working Groups. Technical working groups will be formed to ensure broad based participation in the work of the Governing Boards. Section 9. Technical-Administrative Secretariat. - Each Governing Board will assign a dedicated, full-time technical-administrative secretariat with a separate budget. Section 10. Meetings. - The Department will provide basic funding for the conduct of regular meetings of the Governing Boards.

Section 11. Governing Rules. Governing rules shall be formulated by and for the individual Governing Boards. These governing rules shall be submitted for review and approval to the Department. Section 12. Re-designation of Airshed Boundaries. - Upon consultation with appropriate local government authorities, the Secretary of the Department, upon recommendation of the Bureau, shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies. RULE XVI AIR QUALITY MANAGEMENT FUND Section 1. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Environmental Management Bureau as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to

provide technical assistance to the relevant agencies. Such fund may likewise bye allocated per airshed for the undertakings herein stated. Section 2. Uses of Fund.- The Air Quality Management Fund will be used for activities that are in direct support of objectives outlined in the Air Quality Action Plan and Control Action Plan of the airsheds. One-third of the Fund will be reserved for national purposes while the remaining two-thirds will be allocated among the airsheds. This can mean support, grant, finance or otherwise assist activities such as, but not limited to: (a) purchase of equipment related to air quality monitoring, reporting or management; (b) running costs for special campaigns: monitoring, enforcement or public awareness raising; (c) costs for special events related to air quality monitoring, enforcement etc.; (d) funding of temporary staff positions in accredited organizations, of persons who have a TOR directly related to implementation of AQAP;

(e) research on air related issues; and (f) running costs of Governing Boards and their Technical Secretariats Section 3. Sources for the Air Quality Management Fund. - Sources for the Air Quality Management Fund shall include: (a) air emission charges for industrial facilities; (b) air emission charges from motor vehicles.; (c) fines and penalties for noncompliance with environmental standards. This relates to both vehicular and industrial related air pollution; (d) grants from both private sector and donor organizations.; and (e) a limited percentage (5-10%) of the proceeds of the Program Loan for the Metro Manila Air Quality Improvement Project. Section 4. Decision Making on the Use of the Air Quality Management Fund. The Department is responsible for allocating funds from the Air Quality Management Fund. It will formulate a detailed set of criteria (project design, project management, project reporting and project accounting) on which decision making of requests for

support from Air Quality Management Fund will be based. Individual Governing Boards shall follow these criteria in allocating those funds that are put at their disposal by the Department. Individual Governing Boards shall set up special committees for this purpose with members drawn from both the government, private sector and civil society members of each Governing Board. In order to promote transparency and accountability the Department will formulate business standards, which will describe the scrutiny mechanisms of proposals as well as maximum response times. The Department will ensure the publication of an Annual Report which specifies income and expenditure of the Air Quality Management Fund, together with a summary of initiatives supported and refused. This Annual Report will be available within two months after the budget year used by the Air Quality Management Fund Section 5. Air Emission Fees For Stationary Sources and For Mobile Sources. - The air emission fee will initially be determined by the amount of revenue necessary to assure the successful implementation of the Clean

Air Act as described in these implementing rules and regulations. The necessary revenue will be based on relevant agency's budgets. This cost will then be apportioned to stationary and mobile source owners based on estimated annual mass emissions. The base air emission fee may be adjusted in later years as new data becomes available regarding the success of individual components of the Clean Air Act. RULE XVII AIR POLLUTION RESEARCH AND DEVELOPMENT PROGRAM Section 1. National Research and Development Program for the Prevention and Control of Air Pollution. - The Bureau, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall, establish a National Research and Development Program for the Prevention and Control of Air Pollution. Section 2. Development of Industry-Wide Applicable Methods. - The Bureau shall give special emphasis to research on and the development of improved methods

having industry-wide application the prevention and control of pollution.

for air

Section 3. Development of Air Quality Guidelines. - The National Research and Development Program for the Prevention and Control of Air Pollution shall develop air quality guidelines and air quality guideline values in addition to internationally-accepted standards. It shall consider the socio-cultural, political and economic implications of air quality management and pollution control.The National Research and Development Program for the Prevention and Control of Air Pollution shall be established by the Department through the Bureau, in coordination with the Department of Science and Technology, other agencies, the private sector, the academe, NGOs and POs. RULE XVIII EMISSION QUOTAS Section 1. Emission Quotas. - The Bureau may allow each regional industrial center that is designated as a special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program

pursuant to the implementing rules and regulations of Presidential Decree No. 1586. Prior to implementation thereof, the Department shall consider, among others, the emissions inventory and the mass rate of emission standards. PART VI AIR POLLUTION CLEARANCES AND PERMITS FOR STATIONARY SOURCES RULE XIX PERMIT REGULATIONS Section 1. Permits Required. - All sources of air pollution subject to these Implementing Rules and Regulations must have a valid Permit to Operate. Existing sources must obtain a permit issued by the Director unless exempted by Executive Order. New or modified sources must first obtain an Authority to Construct, issued by the Director. Section 2. Filing Fees for Applications. - A fee to be determined by the Department through Bureau shall be paid upon the filing of any of the following applications:

a. b.

Authority Permit

to to

Construct; Operate;

c. Transfer of an existing and valid Permit to Operate by reason of transfer of location of the installation or change of permittee, or both; d. Revision of any existing and valid Authority to Construct or Permit to Operate involving alteration or replacement of the installation; e. Renewal of an expired Authority to Construct or Permit to Operate; f. Any other application for a permit not otherwise enumerated above. Filing fees for applications which have been denied shall not be refunded nor applied to subsequent applications. Section 3. Authority to Construct. All proposed or planned source construction or modification requires an Authority to Construct which must be approved by the Bureau before construction or modification activities take place. Applications shall be filed in four (4) copies and supported by the

official receipt of the filing fees and by such documents, information and data as may be required by the Bureau, including the following: a. An engineering report covering the plant description and operations, the estimated types, concentrations and quantities of all emissions to the atmosphere, the proposed control facilities, the emission rate and annual mass emission objectives, the design criteria for air pollution control equipment to be used, and other relevant information. The design criteria, if warranted, shall be based on the results of laboratory and pilot plant scale studies. The design efficiencies of the proposed air control equipment and the quantities and types of pollutants in the final emissions shall be indicated. Where confidential records are involved, the Bureau may limit the full disclosure of the same after discussions with the applicant; b. The plans and specifications of the installation and its control facilities (in standard size of 50 cm by 90 cm) duly certified by a registered professional mechanical

engineer, sanitary engineer or chemical engineer or a combination of any two or all of them as may be required by the Bureau depending upon the nature of the construction, operation or activity sought to be covered by the Authority to Construct. The plans shall clearly show in adequate detail the proposed arrangement, location and size of the pollution control equipment or facilities, including their accessories, crosssections and construction details. The specifications shall be in sufficient detail so that, when read in conjunction with the plans, they clearly reveal the proposed means and methods for the control of pollution and their expected performance efficiency; c. The project proponent shall conduct an air quality impact analysis using Bureau-approved computer dispersion models and techniques. The impact analysis shall estimate the resulting ambient air concentrations for all significant pollutants from the facility, and shall include the existing ambient air concentrations as a baseline. The impact analysis will be used by the Bureau,

together with other relevant information, to determine if the proposed construction or modification will result in a violation of an applicable air quality standard; d. A vicinity map adequately identifying the street address, if any, of the location or premises of the installation. Any interested person, furnishing a copy thereof to the applicant may before its approval, oppose such application in writing. In such a case, the Environmental Management Bureau may conduct a public hearing on the application. The Bureau shall, within a reasonable time, act on the application for Authority to Construct either by issuing the corresponding Authority to Construct or by denying the application in writing stating the reason or reasons therefor. The Authority to Construct shall be issued subject to such conditions as the Department through the Bureau may deem reasonable to impose and upon payment of the fees in accordance with the following schedule:

In case the application is denied, the applicant may, within 10 days from notice of such denial, file only one written petition for reconsideration. The decision on said petition shall become final after 10 days from receipt thereof. Section 4. Conversion of Authority to Construct to Permit to Operate. - Once new source construction or modification is completed the source owner shall, within 60 days of startup, request the authorizing agency (generally the Department through the Bureau) to convert the Authority to Construct to a Permit to Operate. A valid Permit to Operate will be issued once the owner has demonstrated to the satisfaction of the authorizing agency that all permit conditions have been or will be met and that no air quality standards or guidelines will be exceeded. The owner shall conduct source testing using methods and techniques approved by the Bureau as part of the demonstration. Section 5. Application for Permit to Operate. - An application for a Permit to Operate shall be filed for each source emitting regulated air pollutants. Facilities having more than one source may group the sources under a single permit application, provided

the requirements below are met for each individual source. Applications shall be made in a format prescribed by the Department through the Bureau, filed in triplicate copies, together with a copy of the official receipt of the filing fees and including the following: a. The Section information listed in 3 of this Rule;

b. A statement of compliance or non-compliance with Rule XXV, National Emission Standards For Source Specific Air Pollutants (or, in the case of incinerators, a statement of compliance or noncompliance with Rule XXVIII). The statement of compliance shall be supported with actual test data, (such as stack sampling test data), or data gathering techniques acceptable to the Bureau; c. A statement of compliance or non-compliance with Rule XXVI, Ambient Air Quality Standards. The statement of compliance shall be supported by dispersion modeling data using modeling techniques and sampling approved by the Bureau. For cases in which source sampling and analysis is not practical, the Bureau may approve the use of

actual ambient air test data to demonstrate compliance with the Ambient Air Quality Standards, so long as the location and conditions of the testing conform to a "worst case" scenario as demonstrated by air dispersion modeling; d. A compliance action plan for sources not meeting regulatory requirements. The compliance plan may include provision for use of emission averaging and/or trading as allowed under Parts III and IV. A certification signed by the applicant attesting to the accuracy and completeness of the application; e. A signed copy of the appointment or designation of the pollution control officer of the applicant; and f. Other documents, information and data as may be required by the Department through the Bureau. Section 6. Action on the Application for Permit to Operate. - Within thirty (30) days from submission of the complete requirements, the Department through the Bureau shall act on the application for Permit to Operate by approving or denying the same in

writing. The Department through the Bureau may deny an application having incomplete requirements when the applicant fails or refuses to complete the same despite being given reasonable time to do so. The Permit to Operate shall be issued or renewed every year subject to such conditions as the Department through the Bureau through the may deem reasonable to impose, and upon payment of the permit fees for air pollution source and control facilities. In case the application is denied, the applicant may, within 10 days from notice of such denial file only one written petition for reconsideration. The decision on said petition shall become final after 10 days from receipt thereof. Section 7. Temporary Permit to Operate. - For purposes of sampling, planning, research and other similar purposes, the Department through the Bureau, upon submission of satisfactory proof, may issue a Temporary Permit to Operate no to exceed ninety (90) days, provided that the applicant has a pending application for a Permit to Operate under Section 5.

Section 8. Life and General Conditions of Permit. - A permit duly issued by the Department through the Bureau shall be valid for the period specified therein but not beyond one (1) year from the date of issuance unless sooner suspended or revoked. It may be renewed by filing an application for renewal at least thirty (30) days before its expiration date and upon payment of the required fees and compliance with requirements. Issuance of the permit shall not relieve the permittee from complying with the requirements of the Act and these Rules and that commencement of the work or operation under such permit shall be deemed acceptance of all the conditions therein specified. Section 9. Grounds for Modification of Permit Conditions. - After due notice and public hearing, the Department through the Bureau may modify any existing and valid permit by imposing new or additional conditions, provided that the permittee is given reasonable time to comply with such new or additional conditions, upon showing: a. That an improvement in emission quality or quantity can be accomplished because of technological advance without

unreasonable

hardship;

b. That a higher degree of treatment is necessary to effect the intents and purposes of the applicable provisions of these Rules and Regulations; c. That a change in the environment or surrounding conditions requires a modification of the installation covered by a permit to conform to applicable air quality standards, as the case may be; d. That the area in which the permitted facility is located has been changed from an undesignated area or an attainment area to a non-attainment area for one or more criteria pollutants; or e. That the Act or these Rules and Regulations requires the modification of the permit conditions. Section 10. Grounds for Suspension or Revocation of Permits. - After due notice and hearing, the Department through the Bureau may suspend or revoke any existing and valid permit on any of the following grounds:

a. Non-compliance with, or violation of any provision of Act, these Rules and Regulations, and/or permit conditions; b. False or inaccurate information in the application for permit that led to the issuance of the permit; c. Refusal to allow lawful inspection conducted by the Department through the Bureau of duly authorized personnel; d. Non-payment of the appropriate fees; e. Other valid purposes. Section 11. Posting of Permit. - The permittee shall display the permit upon the installation itself in such manner as to be clearly visible and accessible at all times. In the event that the permit cannot be so placed, it shall be mounted in an accessible and visible place near the installation covered by the permit. No person shall willfully deface, alter, forge, counterfeit, or falsify any permit. Section 12. Transfer of Permits. - In case of sale or legal transfer of a

facility covered by a permit, the permittee shall notify the Department through the Bureau of such and the name and address of the transferee within thirty (30) days from the date of sale or transfer. In case of failure to do so, he shall be liable for any violation of these Rules and Regulations that the transferee may commit by reason of such transfer. It shall be the duty of the transferee to file an application for transfer of the permit in his name within ten (10) days from notification of the Department through the Bureau. Section 13. Plant Operational Problems. - In the event that the permittee is temporarily unable to comply with any of the conditions of the Permit to Operate due to a breakdown of the installation covered by the permit for any cause, he or his pollution control officer shall immediately notify the Department through the Bureau of such cause(s), and the steps being taken to solve the problem and prevent its recurrence, including the estimated duration of the breakdown, the intent toward reconstruction or repair of such installation and such other relevant information or data as may be required by the Department through the Bureau. The Department through the Bureau shall

be notified when the condition causing the failure or breakdown has been corrected and such source equipment or facility is again in operation In such a case, the permittee may be subject to the payment of fines or penalties as provided under Part XIII of these Implementing Rules and Regulations. Section 14. Monitoring and Reporting. The owner or the pollution control officer in charge of the installation subject to the provisions of these Implementing Rules and Regulations shall keep a record of its operational data and control test indicating its operational efficiency, and shall furnish a copy of the same to the Department through the Bureau quarterly in accordance with the procedures and/or programs approved by the Department through the Bureau for this purpose. RULE XX FINANCIAL LIABILITY FOR ENVIRONMENTAL REHABILITATION Section 1. Financial Guarantee Mechanisms. As part of the environmental management plan attached to the environmental compliance

certificate (ECC) pursuant to Presidential Decree No. 1586 and rules and regulations, the Bureau shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or actual project implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Bureau and incorporated into the ECC. The Bureau may promulgate guidelines for the effective implementation of said financial guarantee mechanisms. Section 2. Financial Liability Instruments. Financial liability instruments may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of risks involved. Proponents required to put up guarantee instruments shall furnish the Bureau with evidence of

availment

of

such

instruments.

RULE XXI EMISSION AVERAGING Section 1. Applicability. - Facilities having multiple sources within a contiguous property and owned by the same entity may use emission averaging for compliance purposes if provided for in either Part III or Part IV. Section 2. Approach. - Facility owners wishing to use emission averaging for compliance purposes must do so through an enforceable compliance plan submitted as a part of the operating permit application. The Bureau must approve the compliance plan and application of emission averaging for it to be effective. Section 3. Requirements. - Facilities must install a Bureau approved continuous emission monitoring system for the pollutant(s) to which emission averaging is being applied. The continuous emission monitoring system must be installed on each source that is being used to generate the emission reduction credits for the remaining sources. Application, installation and operation of the CEMS shall meet

criteria provided in Rule X Section 5. RULE XXII EMISSIONS TRADING Section 1. Applicability. - Emissions trading may be allowed among pollution sources within an airshed as provided in Parts III and IV. Facilities located in different airsheds may use trading as approved by the Bureau. Section 2. Approach. - Facility owners wishing to use emission trading for compliance purposes must do so through an enforceable compliance plan submitted as a part of the operating permit application of each facility. The Bureau must approve the compliance plan and application of emission trading for it to be effective. Section 3. Requirements. - Facilities must install a Bureau approved continuous emission monitoring system for the pollutant(s) to which emission trading is being applied. The continuous emission monitoring system must be installed on each source that is being used to generate the emission reduction credits. Application, installation and operation of the CEMS shall meet criteria provided in Rule X

Section

5. RULE XXIII SYSTEM OF INCENTIVES

Section 1. Tax Incentives. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited to tax credits and/or accelerated depreciation deductions. RULE XXIV RECORD-KEEPING, INSPECTION, MONITORING AND ENTRY Section 1. Required Relevant Reports and Records. The Environmental Management Bureau or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to : (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Environmental

Management Bureau; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Environmental Management Bureau may reasonably require. Section 2. Right of Entry, Inspection and Testing. - Pursuant to the Act, the Bureau, through its authorized representatives, shall have the right of: (a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and (c) test any emission. Section 3. Records Available to the Public. Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Environmental Management Bureau by the entity concerned that the record,

report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Environmental Management Bureaus industrial rating system. PART VII POLLUTION FROM STATIONARY SOURCES RULE XXV STATIONARY SOURCES - GENERAL Section 1. National Emission Standards for Source Specific Air Pollutants. For any trade, industry, process, fuelburning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the limits set in Table 2.
Table 2 National Emission Standards for Source Specific Air Pollutants (NESSAP) MAXIMUM PERMISS IBLE METHOD LIMITS OF (mg/Ncm SAMPLING a ) 10 as Sb USEPA Methods 1

POLLUTAN T

STANDARD APPLICABLE TO SOURCE

METHOD OF ANALYSISa AASb or per sampling method

Antimony Any source and its Cmpds.

through 5 or 29 Arsenic and its Cmpds. Any source 10 as As USEPA Methods 1 through 5 or 29 USEPA Methods 1 through 5 or 29 AASb or per sampling method

Cadmium and its Cmpds.

Any source

10 as Cd

AASb or per sampling method

Carbon Any Monoxide industrial source Copper and its Cmpds. Any industrial source

500 as USEPA Orsat CO Method 3 Analysis or or 10 NDIR 100 as Cu USEPA Methods 1 through 5 or 29 USEPA Method 13 or 14 as appropri ate AASb or per sampling method

Hydroflu oric Acid and Fluoride Compound s

Any source other than manufacture of Aluminum from Alumina

50 as HF

As per sampling method

Hydrogen i) Sulfide Geothermal power plants ii) Geothermal Exploration And Well Testing iii) Any source other than (i) and (ii)

,
e

7 as H2S

USEPA Cadmium Method Sulfide 11, 15 Method or or 16 as per appropri sampling ate method

Lead

Any trade, industry or process

10 as Pb

USEPA Methods 1 through 5or 12 or 29

AASb or per sampling method

Mercury

Any source

5 as USEPA element Methods al Hg 1 through 5 or 29 or 101 20 as Ni USEPA Methods 1 through 5 or 29

AASb / ColdVapor Technique or Hg Analyzer AASb or per sampling method

Nickel Any source and its Cmpds. Except Nickel Carbonylf NOx

1. 2,000 Manufacture as acid USEPA Phenolof Nitric & NO2 Methods disulfonic Acid calcula 1 acid Method 2. Fuel ted as through or per burning NO2 4 and sampling steam 1,500 Method method generators as NO2 7 a. 1,000 Existin as NO2 g 500 as Source NO2 b. New 2,000 Source as NO2
i.

C
ii.

O 1. Dieselpowered electricity

1,000 as NO2 500 as NO2

generators 2. Any source other than (1), (2) and (3)


a. Exi

sti ng Sou rce


b. New

Sou rce Particul 1. Fuel ates Burning Equipment a. Urbang and Industr ial Areah b. Other Areai 2. Cement Plants (kilns, etc.) 3. Smelting Furnaces 4. Other Stationary Sourcesj Phosphor Any source us Pentoxid ek Sulfur 1. Existing 150 200 150 150 200 USEPA Gravimetric Methods per 1 sampling through method 5

200 as P2O5

USEPA Spectrophot Methods ometry or 1 per through sampling 5 or 29 method

Oxides

Sources 2,000 USEPA a. as SO3 Methods Manufac 1,500 1 ture of as SO2 through Sulfuri 1,000 4 and 6 c Acid as SO3 or 8 as and 1,500 appropri Sulf(on as SO3 ate )ation 700 as Process SO2 b. Fuel 200 as Burning SO3 Equipme nt c. Other Station ary Sourcesl 2. New Sources a. anufact ure of Sulfuri c Acid and Sulf(on )ation Process b. Fuel Burning Equipme nt c. Other Station ary Sourcesl 100 as Zn USEPA Methods 1 through

As per sampling method

Zinc and Any source its Compound s

AASb or per sampling method

5 or 29

Other equivalent methods approved by the Department may be used.


a b c

Atomic Absorption Spectrophotometry.

All new geothermal power plants starting construction by 01 January 1995 shall control H2S emissions to not more than 150 g/GMW-Hr. All existing geothermal power plants shall control H2S emissions to not more than 200 g/GMW-Hr.
d

Best available control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
e

Emission limit of Nickel shall not exceed 0.5 mg/Ncm.


f g

Carbonyl

Urban Area means a poblacion or central district of cities or municipalities having at least 50,000 population, or twin political subdivisions with contiguous boundary which essentially form one community whose population is more than 50,000 inhabitants. Inside these centers or population are some scattered industrial establishments.

Industrial Area means a well-defined, exclusive land use area in various stages of development that are primarily established for industrial subdivisions, manufacturing and other industry mixes with provisions for common support infrastructures, facilities and services such as roads, water supply, power supply, communication systems, housing, storm drainage, sanitary sewerage systems, industrial wastewater treatment facilities, etc. These areas which are usually from 200 to 500 hectares in size as registered with the Housing and Land Use Regulatory Board (HLURB) or any other duly authorized government entities as industrial estates, parks or area. Export processing zones also fall under this category of land use.
h

Other Areas means all areas other than an urban or industrial area.
i

Other Stationary Sources (particulates) means a trade, process, industrial plant, or fuel burning equipment other than thermal power plant, industrial boilers, cement plants, incinerators, smelting furnaces.
j k

Provisional guideline.

Other Stationary Sources (sulfur oxides) refers to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
l

Section 2. Visible Emission Standards for Smoke and Opacity. - Visible opacity standards for smoke are as follows: a. The opacity of light or dark smoke emitted from any emission point in all stationary sources shall be such that, when compared in the appropriate manner with the Ringelmann Chart method, or using USEPA Method 9 (40 CFR, Part 60, Appendix A), or an equivalent method approved by the Department through the Bureau, visible emissions shall not appear darker than shade 1 on the Ringelmann Chart, nor exceed 20% opacity using USEPA Method 9. b. Exceptions to the requirements stated herein may be allowed under the following circumstances: The opacity limit hereinbefore prescribed shall not apply to the emission of dark smoke for less than five (5) minutes in a period

of one (1) hour provided that the total period of such emission shall not exceed an aggregate of fifteen (15) minutes in any twenty-four (24) hours; provided further, that at no time should the opacity be darker than shade 3 of the chart; and provided finally, that this provisions shall not apply to cases of dark emissions resulting from cold-start and up-set conditions. Measurements of opacity shall be made in the manner specified by the approved method employed for this purpose. Section 3. Absence of Emission Standard for Other Air Pollutants. a. Where no emission or ambient standard is prescribed hereof for a specific air pollutant that is potentially harmful to public health and/or public welfare, the owner or operator of an industrial plant or stationary source shall conduct its operation or process by the best practicable means as may be necessary to prevent or minimize air pollution through the employment of cleaner production technology and sound environmental management practices; b. The absence of the ambient air or emission standard for a specific

air pollutant shall not preclude the Department through the Bureau to take appropriate action to control such pollutants to assure the health, welfare and comfort of the general population. Section 4. Sampling Methods. - Sampling for compliance purposes shall be conducted using the methods prescribed above or other equivalent method as approved by the Department through the Bureau. Sampling shall be conducted under routine operating conditions at the facility. Operating conditions at the facility during compliance testing will be used by the Bureau to establish permit conditions under which the facility may operate. Section 5. Miscellaneous Provisions and Equipment. Stationary Equipment Fuel-Burning

The owner or operator of a stationary fuel-burning equipment shall, if so required by the Department through the Bureau, provide a means to the satisfaction of Secretary whereby a person in charge of such a plant or equipment may at all times

ascertain without leaving the boiler room, furnace room, or control room, whether or not dark smoke is discharging from any stack or such installation, such mean may include one or more of the following: a. Window or opening through which an unobstructed view of the top of the stack may be obtained from the boiler room, furnace room or control room; b. A mirror so placed as to reflect the top of the stack, which reflection shall be visible from the boiler room, furnace room, or control room; c. A smoke density indicator and alarm installed so as to indicate adequately in the boiler room, furnace room and control room the density of smoke being discharged; d. A closed circuit

television installation with the receiver located in the boiler room, furnace room, or control room; e. Any similar device which may be approved by the Secretary. All oil-burning equipment shall have heaters capable of heating oil to a temperature appropriate for the oil and burner. The following major industries are required to install continuous emission monitoring system (CEMS) for particulates and sulfur oxide emissions: a. Fossil-fuel fired power plant (including NOx) b. Petroleum refinery, petrochemical industries (including NOx) c. Primary copper smelter (including NOx)

d. Steel plant, ferroalloy production facility (particulates only) e. Cement Plant (particulates only) New and existing sources falling under paragraph (3) a), b), c) and d) and new sources falling under paragraph (3) e) shall comply with the requirements of installing CEMS upon the effectivity of these Implementing Rules and Regulations. All existing sources falling under paragraph (3) e) shall comply with the requirements of installing CEMS within twenty-four (24) months from the effectivity of these Implementing Rules and Regulations. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5. Miscellaneous Equipment. Re-heating furnaces, smoke ovens, bake ovens, coffee heaters, varnish kettles,

paint booths and similar equivalent shall be so designed that when operating, there is no free flow of objectionable gases into the atmosphere. To minimize the escape of smoke, odors, fly ash or fumes, appropriate air pollution control facilities shall be installed. Section 6. Review and Revision of Emission Standard. - The Bureau shall provide industries, non-government organizations (NGOs) and other stakeholders the opportunity to participate in the formulation and revision of standards, determination of the technical feasibility of the revised standards, setting the schedule of implementation of the revised standards, and other related concerns. Pursuant to Section 19 of the Act, the Department through the Bureau shall review, or as the need arises, revise and publish emissions standards to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources of air pollution based on internationallyaccepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this Rule. The standards,

whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare. Section 7. Harmonization with International Standards. - In the review and revision of emission standards, the Bureau shall, as appropriate, endeavor to achieve the harmonization of national emissions standards with those set by regional bodies such as the Association of South East Asian Nations (ASEAN). Section 8. Self-Monitoring Report. Each existing stationary source shall submit to the Bureau Regional Office where the facility is located a selfmonitoring report of its emission rates, indicating the status of compliance with current standards. The self-monitoring report shall be submitted to the Bureau within six months of the effectivity of these IRRs, and within six months of each official revision of emission standards applicable to the source. The party or person responsible for the source shall assume responsibility for demonstrating proof of compliance, which the Bureau may subject to independent verification if it deems necessary.

Section 9. Consent Agreement. - The Department, through the Pollution Adjudication Board (PAB) may waive certain penalties or fines to be imposed upon stationary sources proven to exceed emission rates provided that the person or party responsible for the source enters into a consent agreement with the Bureau in which the responsible party shall: a. Implement an Environmental Management System (EMS) within eighteen (18) months of entering into said agreement using scope and procedures specified in Philippine National Standard 1701 on establishing an EMS; b. Submit an approvable Environmental Management Plan (EMP) derived from the EMS process within six (6) months of entering into a consent agreement. The EMP shall specify a timetable for attaining compliance with all environmental regulations as well as the means with which to accomplish compliance, with emphasis on pollution prevention methods and not limited to installation of pollution control devices; c. Post a performance bond

acceptable to the PAB, not to exceed P500,000 but not less that P50,000 depending on the size of the facility, which shall be forfeited upon failure to submit proof of an approved EMS within eighteen (18) months, and provided that an extension of not more than twelve (12) months may be allowed by the Bureau on meritorious grounds. The consent agreement shall incorporate requirements for environmental performance through timetables and reporting of performance, in addition to commitments and procedures adopted in the EMP. Section 10. Compliance Timetable Beyond Eighteen (18) Months. Sources proposing timetables longer than eighteen (18) months for reaching compliance shall be required to first conduct a public consultation before the consent agreement may be finalized. Section 11. Proof of an Environmental Management System. - Proof of an approved EMS shall be in the form of an EMS audit report prepared internally by the person or party responsible for the facility, or one prepared by a third party EMS auditor. The audit report shall be prepared by a person or

company certified under an international EMS standard such as ISO 14001 or an equivalent approved by EMB. This report, including a determination of the EMS's conformity to PNS 1701, shall be submitted for review and acceptance by the EMB Regional Director within eighteen (18) months from the signing of a consent agreement. Section 12. Failure to Comply with Consent Agreement. - Failure of the stationary source to comply with the timetable specified in the consent agreement shall be sufficient grounds for closure through a Cease and Desist Order (CDO) issued by the Bureau. Further, the facility owner shall be subject to the reimposition of the original penalty (subject of the waiver) as well as additional appropriate penalties computed on a daily basis pursuant to Section 45 of the Act. Section 13. Prohibited Acts. Fugitive Particulates. No person shall cause, let, permit, suffer or allow the emission of particulate matter from any source whatsoever, including, but not limited to, vehicular movement, transportation of materials,

construction, alternation, demolition or wrecking or industry related activities such as loading, storing or "handling," without taking reasonable precautions to prevent such emission. Such reasonable precaution shall include, but not be limited to, the following: 1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structure, construction, operations, the grinding of rock, quarry or clearing of lands; 2. Application of asphalt, oil water, or suitable chemicals on roads, materials stockpiles, and other surface which create airborne dust problem; and 3. Installation and use of hoods fans and fabric filters or other suitable control devices to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.

Volatile Organic Compounds Organic Solvent Emissions

or

No person shall store, pump, handle, process, unload or use in any process or installation, volatile compound or organic solvents without applying known existing vapor emission control devices or systems deemed necessary and approved by the Department through the Bureau. Nuisance No person shall discharge from any source whatsoever such quantities of air contaminants or other material which constitute nuisance as defined under Articles 694 to 707 of Republic Act No. 385, otherwise known as the Civil Code of the Philippines. Open Burning No person shall be allowed to burn any materials in any quantities which shall cause the emission of toxic and poisonous fumes. Such materials include but not limited to plastic, polyvinyl chloride, polypropylene, paints, ink, wastes containing heavy metals, organic chemicals, petroleum related

compound, industrial wastes, ozone depleting substances and other similar toxic and hazardous substances. Further, no establishment, firm, company, government or private entity or organizations shall be allowed to burn or cause open burning of waste materials in their premises, area of jurisdiction, including recognized or unrecognized dumpsites in any quality or quantity. Violators upon determination by the Department through the Bureau shall be penalized in accordance with the provisions of Part XIII of these Implementing Rules and Regulations. General Restrictions

1. No plant or source shall operate at capacities which exceed the limits of operation or capability of a control device to maintain the air emission within the standard limitations imposed by the Act or by relevant permit conditions issued by the Department through the Bureau; 2. No person shall build,

erect, construct, install, or implant any new source, or operate, modify, or rebuild an existing source, or by any other means release or take action which would result in, together with the concentrations of existing air pollutants, ambient air concentration greater than the ambient air quality standards specified in Section 12 (b) of the Act; 3. No person shall build, erect install or use any article, machine, equipment or other contrivance, the use of which will conceal an emission which would otherwise constitute a violation of any of the provisions of these Implementing Rules and Regulations. No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted, conceals or dilutes any emission of air contaminant which would otherwise violate the provisions of permit regulations of Rule XIX;

4. All pollution control devices and systems shall be properly and consistently maintained and correctly operated in order to maintain emission in compliance with the provisions and standards of Section 19 of the Act. No facilities shall be operated without the control equipment in proper operation, except with the permission of the Department through the Bureau when special circumstance arise. RULE XXV SOURCE SPECIFIC AMBIENT AIR QUALITY STANDARDS Section 1. National Ambient Air Quality Standards. For any industrial establishment or operation, the discharge of air pollutants that result in airborne concentrations in excess of the National Ambient Air Quality Standards shown in Table 3 shall not be permitted. Sampling shall be done at an elevation of at least two (2) meters above the ground level and at the location of highest expected concentration and under worst case meteorological conditions. Location and meteorological conditions shall be determined using dispersion modeling. Bureau-approved techniques shall be followed in developing sampling plans..

However, the Bureau may approve the adoption of a different procedure in the choice of the location of the monitoring equipment depending upon the physical surrounding and other relevant factors in the area where the sampling is to be conducted.
Table 3 National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations Concentration Pollutant s Ammonia Carbon Disulfide Chlorine and Chlorine cmpds expressed as CL2 Formaldeh yde m g/Ncm 200 30 100
a

Ppm .028 0.01 0.03

Averagi Method of ng Analysis/Measur Time ement c (min) 30 30 5 Nesselerization / Indo Phenol Tischer Method Methyl Orange

50

0.04

30

Chromotropic Acid method or MBTH Colorimetric method Volhard Titration with Iodine solution Methylene Blue

Hydrogen Chloride Hydrogen Sulfide

200

0.13

30

100

0.07

30

Lead Nitrogen Dioxide

20 375 260 100 470 340 300 200 0.20 0.14 0.03 0.18 0.13 ---

30 30 60 30 30 60 60 60

AASb Griess-Saltzman

Phenol Sulfur Dioxide

4Aminoantipyrine ColorimetericPararosaline

Suspended Particula te Matter TSP PM-10 Antimony Arsenic Cadmium Asbestos

Gravimetric Gravimetric

0.02 mg/Ncm 0.02 mg/Ncm 0.01 mg/Ncm 2 x 106 Particulates /Ncm (over 5 micrometer in size) 0.3 mg/Ncm 0.4 mg/Ncm

-----

30 30 30 30

AASb AASb AASb Light Microscopy

Sulfuric Acid Nitric Acid

---

30 30

Titration Titration

Notes: Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in
1

the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. Ninety-eight percentile (98%) values of 30-min. sampling measured at 25oC and one atmosphere pressure.
2

Other equivalent methods approved by the Department through the Bureau may be used.
3

Section 2. Review of Ambient Air Quality Standards. - The Bureau shall provide industries, non-government organizations (NGOs) and other stakeholders the opportunity to participate in the formulation and revision of standards, determination of the technical feasibility of the revised standards, setting the schedule of implementation of the revised standards, and other related concerns. The Bureau shall, on an annual basis, in coordination with other concerned agencies, review the list of Hazardous Air Pollutants and the National Ambient Air Quality Standards for Source Specific Air Pollutants under Section 12 of the Act and recommend to the Secretary of the Department the revision thereof when necessary to protect public health and safety, and general welfare.

Section 3. Publication of Revised Standards. - Upon approval by the Secretary of the Department, the revised Ambient Air Quality Standards shall be published in at least one (1) newspapers of general circulation and may be posted on a public internet website. RULE XXVII AIR QUALITY CONTROL TECHNIQUES Section 1. Air Quality Control Techniques. - Simultaneous with the issuance of the Ambient Air Quality Guideline Values, the Bureau, through the National Research and Development Program contained in the Act, and upon consultation with the appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include: a. Best available technology and alternative methods of prevention, management and control of air pollution; b. Best available technology economically achievable which refers to the technological basis/standards for emission limits

applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and c. Alternative fuels, processes and operating methods which will result in the elimination or significant reduction of emissions. Such information may also include data relating to the cost of installation and operation, energy requirement, emissions reduction benefits, and environmental impact or the emission control technology. Section 2. Air Quality Control Techniques Database. - The Bureau may establish an Air Quality Control Techniques Database. RULE XXVIII NON-BURN TECHNOLOGIES Section 1. Incineration Prohibited. Pursuant to Section 20 of the Act, incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which process emits toxic and poisonous fumes is prohibited. Section 2. Non-Burn Technologies. With due concern on the effects of

climate change, the Bureau shall promote the use of state-of-the-art, environmentally-sound and safe thermal and non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, un-recycled, un-composted, biomedical and hazardous wastes. Non-burn technologies are technologies used for the destruction, decomposition or conversion of wastes other than through the use of combustion and which comply with at least one of the following conditions: (a) The environment within the destruction chamber is free of Oxygen; or (b) Fire is not used within the destruction chamber; or (c) The source of heat is not fire; or (d) A heat-conducting material or medium, whether of a solid, liquid, gaseous, sol or gel form, is used to destroy the waste. Non-burn technologies may be used provided that the following conditions are strictly complied with: (a) Applicable emission standards are not exceeded; (b) Installation and approved use of CEMS measuring PM, NO2, CO, Chlorine and temperature;

(c) Compliance with all other relevant requirements of these Implementing Rules and Regulations. In cases where the requirements of this Rule are more restrictive than those of the other requirements of the Implementing Rules and Regulations, the more restrictive requirements shall apply. Section 3. Emission Standards for Thermal Treatment Facilities/Non-Burn Technologies. - Emissions from thermal treatment facilities and non burning technologies shall be deemed toxic and poisonous when they result from the processing of chlorinated compounds, or when they exceed the following emission standards set forth in Tables 4 and 5:
Table 4 Daily and Half Hourly Average Limits Treatment Facilities Using Non-burn Technologies Half Hourly Average Values 30 mg/Ncm 20 mg/Ncm 60 mg/Ncm 4 mg/Ncm 200

Item Particulates (total dust) Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulfur dioxide (SO2)

Daily Average Values 10 mg/Ncm

10 mg/Ncm

10 mg/Ncm 1 mg/Ncm 50 mg/Ncm

mg/Ncm Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less Ammonia

200 mg/Ncm

400 mg/Ncm

300 mg/Ncm

--

10 mg/Ncm

20 mg/Ncm

Table 5 Limits for Metals, Dioxins and Furans - Treatment Facilities Using Non-burn Technologies

Item Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its Compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds,

Average Valuesa total 0.05mg/Ncm

0.05 mg/Ncm total 0.5 mg/Ncm

expressed as lead ( Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn) Dioxins and Furans
a

0.1 nanogram/Ncm

These average values cover gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds. Provided, that the emission of dioxins and furans into the air shall be reduced by the most progressive techniques. The average values shall be measured over a sample period of a minimum of four (4) hours and a maximum of eight (8) hours, except that all averages of dioxins and furans shall be measured over a sample period of a minimum of six (6) hours and maximum of eight (8) hours. Section 4. Non-applicability of the Prohibition. - The prohibition shall

not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria. Section 5. Phase-out of Incinerators Dealing with Biomedical Wastes. Existing incinerators dealing with a biomedical wastes shall be phased out on or before 17 July 2003 provided that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Bureau. After the said grace period, facilities that process or treat biomedical wastes shall utilize state-of the art, environmentally-sound and safe non-burn technologies. Section 6. Monitoring. - There shall be public participation in the monitoring of thermal treatment facilities. PART VIII POLLUTION FROM OTHER SOURCES RULE XXIX POLLUTION FROM OTHER SOURCES - GENERAL Section 1. Ban on Smoking. - The Local Government Units (LGUs) shall, within

six (6) months from the effectivity of these Implementing Rules and Regulations, implement or enforce a ban on smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place or work or any duly designated smoking area. Section 2. Regulation of Other Sources. - The DOTC shall regulate and implement emission standards on mobile sources other than those referred to under Section 21 of the Act. For this purpose, the Department through the Bureau shall formulate and establish the necessary standard for these other mobile sources. The DOTC shall collect fines and penalties provided for under Section 46 of the Act from those found to be in violation of the applicable emissions standards for other mobile sources. PART IX POLLUTION FROM MOTOR VEHICLES RULE XXX MOTOR VEHICLE COVERAGE Section 1. Scope. - These provisions,

in the interest of public safety and conservation of the environment, are applicable with respect to: (a) Manufacture, local assembly or importation into the country of new motor vehicle shall be covered by a Certificate of Conformity (COC) to be issued pursuant to the following sections of this Rule, provided, however, that those motor vehicle types already covered by the COC at the time of the effectivity of these rules shall not be subject to these provisions unless the Department finds justifiable to suspend, cancel or revoke such a certificate; (b) Enforcement of permissible emission levels of vehicles to be manufactured, marketed and/or operated in the country; (c) Implementation of the National Motor Vehicle Inspection and Maintenance Program including accreditation and authorization of private emission testing centers and certification of inspectors and mechanics, and; (d) Roadside vehicles. inspection of motor

RULE XXXI

EMISSION CONTROL FOR NEW VEHICLES Section 1. Certificate of Conformity. A COC shall be issued by the Department through the Bureau to a vehicle manufacturer, assembler, or importer certifying that a vehicle type complies with the emission standards in this Rule. No new motor vehicle shall be allowed initial registration unless a valid COC issued by the Department through the Bureau is granted. New motor vehicles shall refer to the following: (a) Vehicles designed and manufactured in the Philippines using brand new engines and spare parts; (b) Vehicles assembled in the Philippines using original and brand new parts and components imported into the country either semi knocked down (SKD) or completely knocked down (CKD); (c) New vehicles completely built up (CBU) imported into the country. The emission test for type approval shall be carried out by the DOTC/LTO under the policy, regulation and guidelines supervision of the DENR. The facility where the tests will be conducted shall be chosen by the DENR

utilizing the vehicle type approval system testing center of the DOTC/LTO. It shall also have visitorial powers over the LTO Motor Vehicle Inspection Center and Vehicle Type Approval System Testing Center where these tests are carried out. While the DOTC/LTO is developing inspection capability for the vehicle type approval system test, the certificate of compliance to emission standards authenticated by the Philippine Embassy/Consulate from the country of origin or manufacture of subject vehicle shall be valid and sufficient. Section 2. Transitory Emission Limits. - As a condition for the issuance of a COC, exhaust emission limits for new vehicle types, to be manufactured/assembled in the country up to 31 December 2002, shall not exceed the following: For cars and light duty motor vehicles, the limits for emission of gaseous pollutants as a function of given reference mass shall be as provided hereunder:

Table 6

Exhaust Emission Limits of Gaseous Pollutants for Cars and Light Duty Motor Vehicles (Reference No. ECE Reg. 15-04)

Reference Mass (kg) Type I Test 750 751 850 851 1020 1021 1250 1251 1470 1471 1700 1701 1930 1931 2150 2150

CO g/km Type Approval 58 58 58 67 76 85 93 101 110

HC + NO3g/km Conformity of Production 23.8 23.8 23.8 25.6 27.5 29.4 31.3 33.1 35.0

Conformity Type of Approval Production 70 70 70 80 91 101 112 121 132 19.0 19.0 19.0 20.5 22.0 23.5 25.0 26.5 28.0

All Maximum Concentration of CO at end of last Vehicles urban cycle = 3.5% Type II Test All Vehicles Type III Test No Crankcase Emissions Permitted

For medium and heavy duty motor vehicles with compression-ignition engine, the limit for the emission of gaseous pollutant shall be as provided hereunder:
Table 7 Exhaust Limits of Gaseous Pollutants for Medium and Heavy Duty Motor Vehicles Equipped with Compression-Ignition Engine (Reference No. ECE Reg. 49-01) CO (g/kWh) 11.2 HC (g/kWh) 2.4 NOx (g/kWh) 14.4

Table 8 Smoke Emission Limits Under Steady State Conditions (Reference No. ECE Reg. 24-03) Nominal Flow (liters/second) 42 100 200 Absorption Coefficient (m-1) 2.26 1.495 1.065

Opacity under free acceleration should not exceed the approved level by more than 0.5 m-1. Fuel evaporative emissions for spark ignition engines shall not exceed 2.0 grams per test.

For motorcycles, CO emissions at idle shall not exceed 6% for all types. Section 3. Test Procedures to Determine Exhaust Emissions Under Transitory Standards The test procedures for the determination of gaseous exhaust emissions under the transitory standards shall be as follows:

For cars and light ECE Regulation 15-04 duty motor "Uniform provision vehicles concerning the approval of vehicle equipped with positive-ignition engine or with compressionignition engine with regard to emission of gaseous pollutant by the engine" For medium and heavy duty motor vehicles with compressionignition engines ECE Regulation 49-01 "Uniform provision concerning the approval of compression ignition (C.I.) engines and vehicles with C.I. engines with regards to the emission of pollutant by the engine" Test procedure for the determination of CO emission shall be at idling speed.

For the determination of CO emission

Section 4. Emission Standards Effective Year 2003. - As a condition for

issuance of a COC, exhaust emission limits for motor vehicle types with spark ignition engines and compression ignition engines to be introduced into the market beginning 01 January 2003 shall refer to the provisions of Sec. 21 of the Act, which is equivalent to Euro 1, as follows:
Table 9 Emission Limits for Passenger Car/Light Duty Vehicle Type Approval (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PM1 (g/km)

Conformi Conformi Conformit Type Type Type ty of ty of y of Approva Approva Approva Producti Producti Productio l l l on on n 2.72 3.16 0.97 1.13 0.14 0.18

For Compression-ignition engines only.


Table 10 Emission Limits for Passenger/Light Commercial Vehicles as a Function of the Given Reference Mass Type Approval (Directive 93/59/EEC) CO HC+NOX PM1

Confor Confor Conform Type mity Type mity Type Class of ity of Appro of Appro of Appro Vehicle Product val Produc val Produc val ion tion tion Class 2.72 3.16 0.97 1.13 0.14 0.18

1(<1250 Kg) Class 2(1251<> 5.17 1700) Class 3(>1700 Kg) 6.9 6.0 1.40 1.6 0.19 0.22

8.0

1.7 ,

2.0

0.25

0.29

For Compression Ignition vehicles only.


Table 11 Emission Limits for Heavy Duty Vehicle Type Approval (Directive 91/542/EEC) CO (g/k Wh) HC (g/k Wh) NOx (g/k Wh) PM2 (g/k Wh)

Confor Confor Confor Confor Type mity Type mity Type mity Type mity Appro of Appro of Appro of Appro of val Produc val Produc val Produc val Produc tion tion tion tion 4.5 4.9 1.10 1.23 8.0 9.0 0.36 0.4

For Compression ignition vehicles only. For engines of 85 kW or less, the limit value for particulate emissions is increased by multiplying the quoted limit by a coefficient of 1.7.
Table12 Smoke Emission Limits Under Steady State Conditions (Reference No. ECE Reg. 24-03) Nominal Flow (liters/second) Light Absorption

Coefficient(m1 ) 42 100 200 2.26 1.495 1.065

Opacity under free acceleration should not exceed the approved level by more than 0.5 m-1.
Table 13 Emission Limits for Motorcycle Type Approval with 4-stroke Engines ECE Regulation 40.01 CO (g/km) Referenc e Weight Type R(1)(kg) Approval <100 100-300 >300 17.5 HC (g/km) Conformit y of Productio n 8

Conformit y of Type Productio Approval n 21 4.2

(17.5+17.5(R 21+21(R- 4.2+1.8(R (6+2.4(R-100))/200 100))/200 -100) 100))/200 35 42 8 9.4

Notes: 1) Reference weight (R) = Motorcycle weight + 75 kg.


Table 14 Emission Limits for Motorcycle Type Approval with 2-stroke Engines ECE Regulation 40.01 CO (g/km) Referenc Type Conformit HC (g/km) Type Conformity

e Weight R(1) (kg) <100 100-300 >300

Approval 12.8

y of Productio of n Approval Production 16 8 8+4(R100) 12 10.4 (10.4+6.4(R -100))/200 18.8

(12.8+19.2( 16+24(RR-00))/200 100))/200 32 40

Notes: 1) Reference weight (R) = Motorcycle weight + 75 kg.


Table 15 Emission Limits for Mopeds Type Approval ECE Regulation 47 Vehicle type Pollutant Licensing Production

2-Wheeled CO g/km 8.0 9.6 HC g/km 5.0 6.5

3-Wheeled CO g/km 15.0 18.0 HC g/km 10.0 13.0

(Mopeds are vehicles of less than 400 kg equipped with an engine having a cylinder capacity of less than 50 cubic centimeters.) For mopeds, CO emissions at idle shall not exceed 6% for all types. Fuel evaporative emission for sparkignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of

gases from crankcase ventilation system into the atmosphere. Durability of pollution control equipment for spark-ignition and compression-engines shall conform to the deterioration factor prescribed in the test procedure. The standards set forth in the above paragraphs of this section refer to the exhaust emitted over a driving schedule or engine speed, evaporative emission, crankcase ventilation emission and durability of pollution control equipment as set forth in the test procedures indicated in the succeeding section. Section 5.Test Procedures to Determine Exhaust Emissions and Other Standards Effective in Year 2003. - The test procedures for the determination of emissions and other standards effective in 2003 shall be as follows:

For exhaust emissions, fuel evaporative emission, emission of crankcase gases and durability of pollution control equipment for cars and light duty motor vehicles

ECE Regulation 8301/02, series of amendment approval B and C: "Uniform provision concerning the approval of vehicles with regards to the emission of gaseous pollutants by

the engine according to engine fuel standards" Approval B Limitation of emission of gaseous pollutant by the engine, evaporative emission, crankcase emission and durability of vehicle fueled with unleaded petrol. Approval C Limitation of emission of gaseous and particulate pollutants, crankcase emission and durability of pollution control devices of motor vehicles fueled with diesel fuel. For Medium and Heavy Duty Motor Vehicles with compressionignition engines ECE Regulation 4901/02, series of amendment (49/02) "Uniform provision concerning the approval of compression-ignition (C.I) engines and vehicles equipped with C.I. engine with regards to the emission of pollutants by the engine" The test procedure for the determination of CO emission shall be at idling speed as provided in the

For the determination of CO emission

Emission Test Procedure for Vehicles Equipped with SparkIgnition Engines and the Free Acceleration Test Procedure for Vehicles Equipped with Compression-Ignition Engines

Section 6. General Requirements. Every motor vehicle manufacturer, assembler or importer shall provide all new motor vehicles with a service manual or written instructions for the proper use and maintenance of the motor vehicle, including all relevant service information or specifications to ensure proper functioning of the emission control system and compliance with emission standards. All newly manufactured or imported gasoline-fuelled vehicles, including motorcycles and mopeds, to be introduced into the market or imported in to the Philippines shall be designed to operate on unleaded gasoline upon the effectivity of these Implementing Rules and Regulations. Section 7. Application for Certificate of Conformity. - The application for a Certificate of Conformity (COC) shall be submitted to the Bureau by the motor vehicle manufacturer, assembler,

importer or their duly authorized representatives. It shall be accompanied by the following particulars in triplicate copies: (a) Complete and detailed descriptions of motor vehicle and the engine; (b) Description of the emission control system installed in the motor vehicle; (c) Details system; of the fuel feed

(d) Previous emission test results of pre-production engine vehicle type duly authenticated by the Philippine Embassy/Consulate of the country of origin; and (e) Other particulars which may be required by the DENR. Section 8. Filing Fees for Application for COC. - A fee to be determined by the Department through the Bureau shall be paid upon the filing of the COC application. Filing fees for applications that have been denied shall not be refundable, nor applicable to subsequent applications. Section 9. Approval of Application. Upon a determination that the vehicle

type meets the general requirements of this Rule and upon payment of the corresponding application fees, the Bureau shall issue a COC within a reasonable time. Section 10. COC as Requisite for Registration. - New motor vehicles shall be registered with the LTO of the DOTC only upon presentation of a copy of a valid COC issued by the Bureau. For purposes of registration, the COC shall cover only: (a) new vehicles described in the Certificate, or (b) new vehicle types which conform in all material respects to the design specifications applicable to the particular vehicle type as described in the application for COC and which are produced in accordance with the particulars of a valid COC. Section 11. Validity of COC. - For purposes of vehicle registration, the COC shall be valid for six (6) years from the date of issue unless sooner revoked or suspended. In case of suspension, the 6-year validity period shall not be extended by the period of suspension.

Modifications of the brake system, steering, air conditioning, suspension and interior and exterior trimmings shall not be construed as a change in vehicle type and there will be no need to apply for a new COC. Section 12. Consent to Inspection as Condition of COC. - To ensure that new vehicles manufactured, assembled, or imported conform in all material respects to the design specifications described in the COC, it shall be a condition of the COC that the manufacturer, assembler or importer shall consent to all the inspections by the Department through the Bureau of the vehicle engine, emission control system, among others, of the new motor vehicles covered by the COC. Section 13. Ground for Revocation of COC. - Failure to comply with any of the requirements of this Rule shall justify the revocation or suspension of the COC. Section 14. Emission Control Labeling. The manufacturer, assembler or importer of any motor vehicle or motor vehicle engine, subject to the applicable emission standards prescribed by the Department, shall affix a permanent legible label, and the vehicle identification number (VIN)

plate of the type described below:

and

in

manner

The label, of durable material, shall be affixed by the manufacturer, assembler or importer in such a manner that it cannot be removed without defacing such label. It shall be affixed in a readily visible position in the engine compartment or any conspicuous area under the hood, or under the seat in case of a motorcycle. The label shall contain the following information lettered in the English language in block letters and numerals with a legible print size, and of a color that contrasts with the background of the label: (a) The label heading: Vehicle Emission Control Information; (b) Full trademark; corporate name and in

(c) Engine type metric units;

displacement

(d) International regulation code; and

emission

(e) Engine tune-up specification and adjustment as recommended by the manufacturer including but not limited to idle speed(s), ignition

timing, the idle air-fuel mixture setting procedure and value (e.g. idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing and valve lash (as applicable) as well as other parameters deemed necessary by the manufacturer. Section 15. Submission of Vehicle Identification Number. The manufacturer, assembler or importer of any motor vehicle covered by a COC under these Implementing Rules and Regulations shall submit to the Bureau, not later than sixty (60) days after its manufacture or entry into the country, the vehicle engine number, chassis number, engine type, vehicle type and color. Likewise, a sticker with the Department logo, COC number and date of issue and a brief statement that the vehicle complies with the provisions of the Act and its Implementing Rules and Regulations shall be conspicuously displayed on the front windshield of the motor vehicle RULE XXXII EMISSION CONTROL FOR IN-USE VEHICLES Section 1. Emission Standards for InUse Vehicles. - All in-use motor

vehicles, and vehicles with updated/enhanced engine whose chassis are pre-registered with DOTC/LTO will only be allowed renewal of registration upon proof of compliance of the emission standard described below. The DOTC/LTO shall conduct the vehicle test utilizing the Motor Vehicle Inspection Station (MVIS) or its duly authorized and accredited inspection centers consistent with the R.A. 7394 otherwise known as the Consumer Act of the Philippines within sixty (60) days prior to date of registration. Emission test procedures as given in Annex B and Annex C for registered or in-use motor vehicles equipped with spark-ignition or compression-ignition engines, respectively, should be strictly followed. For vehicles with spark-ignition engines except motorcycles, the following emission standards shall apply:
Table 16 Emission Standards for Vehicles with Spark-Ignition Engines (Gasoline) Except Motorcycles Vehicle Category Registered prior to January 1, 1997At Idle CO(% by volume) 4.5 HC(ppm as hexane) 800

Registered on or after January 1, 1997 but before January 1, 2003At Idle Registered on or after January 1, 2003At Low IdleAt High Idle (rpm > 2,500)

3.5

600

0.50.3 (l = 1+/-0.03)*

100

* or in accordance with manufacturer's specificationFor vehicles with compression-ignition engines


Table 17 Emission Standards for Vehicles with CompressionIgnition (Diesel) Engines (light absorption coefficient, m-1)* 1,000 m increase in elevation 4.5

Naturally Turbo Aspirated charged Registered for the first time prior to12/31/2002 Registered on or after 01/01/2003

2.5

3.5

1.2

2.2

3.2

* Using the free acceleration test. For motorcycles registered for the first time on or before December 31, 2002, CO emissions at idle shall not exceed 6.0%. For motorcycles registered for the first time after December 31, 2002 CO emissions at idle shall not

exceed

4.5%.

Section 2. Emission Standards for Rebuilt Vehicles and Imported Second Hand Vehicles. - No rebuilt or second hand-CBU imported into the country or pre-registered vehicles retrofitted with second hand engines shall be allowed registration or renewal of registration without valid Certificate of Compliance to Emission Standard (CCES) issued by the DOTC. As a condition for the issuance of a CCES, exhaust emission standards of vehicles enumerated previously shall not exceed the standards described below. As a requirement for the issuance of a CCES by DOTC for imported second hand vehicles, a Certificate of Emission Compliance duly authenticated by the Philippines Embassy/Consulate from the country of origin shall be valid and sufficient. The DOTC may however seek verification through actual testing in the MVIS. In the case of locally rebuilt vehicles, a CCES issued by the DOTC on the basis of an inspection by the DOTC Vehicle Type Approval System, if available, or initially by LTO MVIS, is required.

The DTI through the Bureau of Import Services (BIS) shall formulate regulations and guidelines that will ensure rebuilt and imported second hand motor vehicles and engines will satisfy the emission standards for rebuilt and imported second hand motor vehicles as provided in these Implementing Rules and Regulations.

Table 18 Emission Standards for Rebuilt Vehicles and Imported Second Hand Vehicles* COa Registered for the first time prior to 3.5% December 31, 2002At Idle Registered for the first time on or 0.5% after January 1, 2003At Idle HCa Smokeb[turbocharged]

500 ppm

2.5 [3.5] m-1

100 ppm

2.5 [3.5] m-1

a For spark-ignition (gasolinefueled) motor vehicles b For compression-ignition (dieselfueled) motor vehicles; figure in

brackets relate to turbocharged vehicles. * If the in-use emission standard of the country of origin is more stringent than these maximum limits, it will supersede them. Section 3. Test Procedures for Measurement of Exhaust Emission. - The Department shall prescribe the type of smoke opacity meter to be used in the emission testing of vehicles with diesel engines. The test procedures for measurement of exhaust emissions for in-use motor vehicles with spark-ignition engines and compression-ignition engines are described in Annexes B and C. Section 4. Control of Emissions from In-use Vehicles. - Pursuant to Section 21(d) of the Act, the DTI, DOTC/LTO, and the Department shall develop and implement the National Motor Vehicle Inspection and Maintenance Program that will ensure the reduction of emissions from motor vehicles and promote the efficient and safe operation of motor vehicles. The inspection and maintenance program shall require all vehicles, as a requisite for renewal of registration, to undergo mandatory inspection to determine compliance with

the in-use emission standards. The DOTC/LTO shall also establish a roadside inspection system to ensure that vehicles comply with the in-use emission standards. The National Motor Vehicle Inspection and Maintenance Program is described in detail in Rule XXXIV and the Roadside Inspection System is described in Rule XXXV. Section 5. Use of tamper-resistant odometers and fuel management systems. Pursuant to Section 21 of the Act, the DTI shall prescribe regulations requiring the disclosure of odometer readings and the use of tamperresistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program. Section 6. Useful Life of For-Hire Vehicles. - Pursuant to Section 22 of the Act, the DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emission they were certified to meet. These regulations shall include provisions for ensuring the durability

of emission devices. For considerations of public health and welfare, the Department, DTI, DOTC/LTO, NEDA and DOF may develop and implement a program to ensure for-hire vehicles to continue to meet emission standards hereto described. RULE XXXIII REVIEW AND REVISION OF STANDARDS Section 1. Review and Revision of Standards. - To further improve the emission standards, the Department through the Bureau, in coordination with the DOTC/LTO, shall review the standards every two (2) years or as the need arises. Where necessary to achieve substantial improvement in air quality for the health, safety and welfare of the general public, the Department through the Bureau shall revise the exhaust emission standards for new and in-use motor vehicles. The revised standards must be published in a newspaper of general circulation or be filed in triplicate copies with the University of the Philippines (UP) Law Center pursuant to Presidential Memorandum Circular No. 11 dated 09 October 1992.

Section 2. Participation of Stakeholders. - The Department shall provide the motoring public, automotive industry, non-government organizations (NGOs) and other stakeholders the opportunity to participate in the formulation and revision of standards, determination of the technical feasibility of the revised standards, setting the schedule of implementation of the revised standards, and other related concerns. Section 3. Harmonization with International Standards. - In the review and revision of emission standards, the Department shall endeavor to achieve the harmonization of national emission standards with internationally-accepted standards. The Department, in coordination with the DOTC and DTI, may adopt or formulate the functional equivalence of the emission limits and test procedures. "Functional equivalence" means exhaust emission limits and test procedures whose numerical values are almost the same or identical with other types of emission limits and test procedures. The Department, in coordination with DOTC and DTI, and in consultation with the motor vehicle manufacturers and

other stakeholders, shall study the feasibility of adopting EURO II or III standards or other appropriate standards in the Philippines to further reduce emissions from motor vehicles. RULE XXXIV NATIONAL MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM Section 1. National Motor Vehicle Inspection and Maintenance Program. All private in-use motor vehicles and vehicles with updated/enhanced engine whose chassis are pre-registered with Land Transportation Office (LTO) will only be allowed renewal of annual registration when, upon inspection by the LTO or other authorized private Motor Vehicle Inspection Station (MVIS), such vehicles meet the in-use emission standards set forth in Section 1 of Rule XXXII hereof. The LTO or other authorized MVIS shall conduct the vehicle tests for emissions. Public Utility Vehicles submitted to DOTC/LTO for renewal of registration shall only be allowed upon presentation of a valid Vehicle Inspection Report issued on the basis of the inspection following the standard described hereto from the MVIS or its authorized testing

center. The Vehicle Inspection Report shall be valid for a maximum of six (6) months. Emission tests may be conducted within sixty (60) days prior to the renewal of registration. The results of such test shall be presented within sixty (60) days from the date of the test and may be presented to the LTO motor vehicle registration offices as a prerequisite to renewal of registration. Section 2. Phased Implementation. - The DOTC/LTO shall ensure that the Motor Vehicle Inspection System shall be fully operational in Metro Manila by January 2003. Nationwide implementation shall follow in twelve (12) to eighteen (18) months thereafter. The vehicle inspection will be initially conducted in the LTO-operated MVIS or LTO Motor Vehicle Registration Centers. Priority shall be given to the immediate testing of diesel-powered vehicles. Section 3. DOTC Authorization and DTI Accreditation of Private Emission Testing Centers. - Emission testing of vehicles as a consequence of roadside inspection, for voluntary inspection after vehicle maintenance, or for rebuilt and imported second hand

vehicles and engines, may be done in a private emission testing center. Private emission testing centers shall be commissioned by the Government through accreditation by DTI and authorization by DOTC. The DTI and DOTC shall accredit and authorize emission testing centers in accordance with the procedural guidelines thereon. In order to accommodate all vehicles for emission testing, the DOTC may authorize private emission testing centers previously accredited with the DTI. Such testing centers shall be authorized to conduct emission tests on vehicles apprehended for non-compliance with the in-use emission standards. The DOTC shall issue the procedural guidelines on the authorization process. Pursuant to its standardsetting functions, the Department is responsible for regulating the specifications of the emission testing equipment to be used by private emission testing centers. The DTI shall ensure that these specifications are met by the accredited private emission testing centers. In seeking authorization from DOTC, qualified persons may file an application with the DOTC through LTO or its designated agency, to be

authorized as an emission testing center. The applicant must comply with the requirements of area, trained personnel, adequate equipment and facilities, and submit the documentary requirements as may be required by the DOTC in subsequent regulations. The facilities shall be inspected prior to the issuance of the authorization to determine compliance with the authorization requirements. To obtain accreditation from the DTI, an application form shall be submitted by the applicant to the DTI Provincial Office located in the province where the applicant operates or resides. The applicant shall comply with the accreditation requirements and submit its organizational manual to the DTI. The facilities of the applicant shall then be inspected. Upon a favorable recommendation of the DTI Evaluation Panel / Committee, the Director of DTI Provincial Office shall approve the application and issue a certification to the applicant. The accredited testing center shall make available to DTI or its appointed assessors all documents and shall allow the latter to inspect its facilities. The accredited emission testing center must secure the authorization of the

DOTC to conduct emission tests on vehicles apprehended for non-compliance with the in-use standards. To facilitate the process of accreditation and authorization, the DOTC and DTI shall enter into an inter-agency agreement to develop and implement a uniform procedure for accreditation and authorization of emission testing centers. The DOTC and DTI shall study, among others, (1) the creation of a "one-stop shop" where an applicant may complete the process of accreditation and authorization, (2) the imposition of one fee, (3) the use of a single application form for both accreditation and authorization, and (4) the issuance of a single certificate of accreditation and authorization signed by both DOTC and DTI representatives. RULE XXXV ROADSIDE INSPECTION OF MOTOR VEHICLES Section 1. Roadside Inspection. Vehicles found emitting excessive smoke while operating in any public highway shall be subjected to an emission test by properly-equipped DOTC through LTO and/or DOTC-designated enforcement unit(s) and/or its deputized agents. The procedure for the apprehension of non-compliant vehicles and the

deputation of agents to perform roadside inspection are set forth in Section 4 of this Rule. Section 2. Agency Responsible for Enforcement. - Pursuant to Section 46 of the Act, the DOTC, through LTO or DOTC-designated enforcement unit(s) shall establish a roadside inspection system to ensure that vehicles comply with the in-use emission standards set forth in these Implementing Rules and Regulations The DOTC shall establish and chair an oversight committee for the purpose of monitoring smoke belching violations. Representatives from concerned government agencies, relevant sector organizations and civil society shall compose the membership of the oversight committee headed by the LTO. Section 3. Deputation. - The DOTC through LTO or DOTCdesignated enforcement unit(s) may deputize qualified government employees, LGUs, government agencies and private entities to conduct roadside inspection and to apprehend vehicles which do not comply with the in-use standards set forth in these Implementing Rules and Regulations.

The deputized agents shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC through LTO or DOTCdesignated enforcement unit(s), DTI, DOST, the Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program. The DOTC through LTO or its designated enforcement unit(s), together with the Department shall oversee the training program. This program shall include training in the correct use, maintenance and calibration of smoke testing equipment. No individual shall be deputized without satisfactorily completing the training. Section 4. Apprehension and Impounding of Vehicles Exceeding Emission Limits. - Pursuant to Section 46 of the Act, the procedure for apprehension and impounding of motor vehicles which emit pollutants beyond the allowable limits shall be as follows: (a) A vehicle suspected of violation of emission standards through visual signs shall be flagged down by the apprehending officer.

(b) The apprehending officer shall conduct an emission test of the vehicle using portable emission testing equipment and using test procedures given in Annex B and Annex C, to determine whether the vehicle complies with the emission standards. Should the results show an exceedance of the emission limits, the computerized print-out, or other test result generated by the portable emission testing equipment shall serve as prima facie evidence of violation of the emission standards. Should the test results show that there is an exceedance of the standards, a ticket will be issued to the driver and the vehicle will be impounded and shall remain in the custody of the LTO or deputized agency or private entity until the fines are paid. (c) Should the test result show that there is an exceedance of the standards, a ticket will be issued to the driver and a warrant of constructive or actual distraint to any owner of the motor vehicle as provided for in Republic Act 4136 shall commence unless the vehicle has been previously found violating

the standards three (3) or more times within the last 365-day period. In the latter case, the motor vehicle registration shall be suspended for a period of one (1) year. (d) Upon payment of the fine at the DOTC through LTO or DOTCdesignated enforcement unit(s) or deputized agency or private entity, the vehicle plate(s) will be surrendered to the apprehending officer and the driver will be issued a temporary pass allowing him to take possession of the vehicle for the purpose of undertaking the needed repairs within a period not later than seven (7) days from the date the vehicle is temporarily released. (e) Motor vehicles released for purposes of repairs shall not be operated or used in public roads except for the purpose of transporting the same to the service center for repairs and to the authorized emission testing center for emission testing. (f) When vehicle test at or its the repairs are made, the must undergo an emission a DOTC/LTO testing center authorized and accredited

emission testing center to ascertain if it already meets the emission standards. (g) Once the vehicle meets the standards, the DOTC/LTO testing center or its authorized and accredited emission testing center shall issue a Certificate of Emission Compliance to the driver of the vehicle. The CEC will have no validity period, its sole purpose is to secure the release of the impounded vehicle or the vehicle license plates, whichever is applicable and which were confiscated as a consequence of that specific violation. (h) Upon presentation of the Certificate of Emission Compliance, the driver shall recover his vehicle or his vehicle plates, whichever is applicable, from the DOTC through LTO and/or DOTCdesignated enforcement unit(s) which has custody over the vehicle or vehicle plates. Further refinement of the apprehension procedure stated in the Act shall be developed and/or approved by the DOTC. All apprehensions shall be made strictly adopting the above procedure. Failure of enforcers to observe said

procedure shall merit review of the apprehension by the adjudication service and/or waiver of fines and penalties. Section 5. Appellate Procedure. - In the event the driver of the apprehended vehicle contests the fine imposed and/or the violation of emission standards, he may appeal the same with the DOTC-designated Traffic Adjudication Service where he will be given the opportunity to be heard. Section 6. Self-Regulation. - The DOTC shall encourage self-regulation among transport stakeholders. The DOTC shall encourage private sector initiated projects which integrate preventive maintenance, driver training, sealing of injections pumps, pre-registration testing, and modified apprehension procedures to reduce smoke belching. Section 7. Data Collection and Management. The DOTC/LTO shall improve its system of managing and collecting data from the Motor Vehicle Inspection Stations and from roadside inspection/apprehensions for violation of emission standards. The ongoing computerization of LTO vehicle registration shall be linked to the MVIS and roadside inspection data base to be established.

Section 8. Certification of Emission Test Equipment. - To ensure proper and effective enforcement of the vehicle emission standard, the Department, through the Bureau, shall certify the conformity to standards of emission test equipment before it can be used for mandatory emission tests. PART X FUELS, ADDITIVES, SUBSTANCES AND POLLUTANTS RULE XXXVI STANDARDS FOR FUELS AND ADDITIVES Section 1. Mechanism for Setting Fuel Specifications. - Pursuant to Section 26 of the Act, the Department of Energy (DOE), co-chaired by the Department, in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall, within six (6) months from the effectivity of these Implementing Rules and Regulations, set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, That the specifications for all types of fuel

and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS). Section 2. Specification of Allowable Additive Content. - The DOE shall specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall limit the content or begin the phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision. Section 3. Fuel Specifications. - The fuel formulations shall meet, among others, the following specifications set in Table 19 on or before the deadline set forth in the Act:

Table 15. Fuel Specifications Fuel Property Limit Effectivity

Unleaded Gasoline

Aromatics

45% max 35% max

Jan. 1, 2000 Jan. 1, 2003 Jan. 1, 2000 Jan. 1, 2003 Jan. 1, 2000 Jan. 1, 2003

Benzene

4% max 2% max

Anti-Knock Index Reid Vapor Pressure Automotive Diesel Oil Sulfur

87.5% min 9 psi max 0.20% max 0.05% max 48 min

Jan. 1, 2001 Jan. 1, 2004 Jan. 1, 2001

Cetane No./Index Industrial Diesel Oil Sulfur Color

0.30% max ASTM 3.0

Jan. 1, 2001 Jan. 1, 2001

The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act. Section 4. Review and Revision of Fuel Specifications. - Every two (2) years thereafter or as the need arises and subject to public consultations, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for

further improvement in formulation and in accordance with the provisions of this Act. Section 5. Monitoring Compliance through Fuel Sampling. - Compliance with the fuel specifications set in the Act shall be monitored through fuel sampling. Guidelines and procedures for the conduct of fuel sampling shall be developed by the DOE within six (6) months from the effectivity of these Implementing Rules and Regulations. Such guidelines and procedures shall, among others, consider the following: (a) Fuel samples collected must be truly representative of the fuel sampled. (b) The chosen sampling procedure must be suitable for sampling fuel under definite storage, transportation, and container conditions. (c) Samples must be obtained in such a manner and from such locations in the tank or other container that the sample will be truly representative of the gasoline. (d) It must be ensured that the samples represent the general

character and average condition of the fuel. (e) Care should be taken in collecting and storing samples in containers that will protect them from changes in content such as loss of volatile fractions by evaporation or leaching into the container. Monitoring results shall be made available to the public through an annual report to be published by the DOE. RULE XXXVII REGULATION OF FUELS AND ADDITIVES Section 1. Agencies Responsible for Regulating Fuels and Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. Section 2. Registration of Fuels and Additives. - No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel or additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:

(a) Product identity composition to determine potential health effects of fuels and additives;

and the such

(b) Description of the analytical technique that can be used to detect and measure the additive in any fuel; (c) Recommended concentration; and range of

(d) Purpose in the use of the fuel and additive. The DOE shall issue a separate regulation or circular detailing registration procedures, including but not limited to report formats and submission deadlines, within (6) months from the adoption and publication of these Implementing Rules and Regulations. Section 3. Information Database. - The DOE shall develop an information database of registered fuels and additives and other related data which shall be accessible to the public provided that information which are in the nature of trade secrets shall be subject to the non-disclosure and confidentiality agreement in Section 4 of this Rule.

Section 4. Non-disclosure and Confidentiality Agreement. Information on fuels and fuel additives registered with the Department of Energy which are considered trade secrets shall be covered by a nondisclosure and confidentiality agreement between the company and the Department of Energy for a period of fifteen (15) years. RULE XXXVIII PROHIBITED ACTS Section 1. Misfuelling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline. Section 2. Manufacture, Import, and Sale of Leaded Gasoline and of Engines and/or Components, Requiring Leaded Gasoline. - Effective December 23, 2000 no person shall manufacture, import,

sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner leaded gasoline and engines and components requiring the use of leaded gasoline. Section 3. Manufacture, Import and Sale of Fuels Not According to Legally Prescribed Specifications. The manufacture, importation and sale of fuels which do not meet the specifications prescribed in these Rules and Regulations or which may be prescribed by the DOE in the future is prohibited, except where the fuel is intended for export to a country which allows fuel specifications lower than are prescribed in the Philippines. RULE XXXIX OZONE-DEPLETING SUBSTANCES Section 1. Enforcement of Philippine Ozone Depleting Substances Phase Out Schedule. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department through the Bureau shall enforce the Philippine Ozone Depleting Substances (ODS) Phase Out Schedule as

published in the June 27, 2000 editions of the Manila Times, Business World, Philippine Star, Manila Bulletin, Peoples Balita, and Abante. Section 2. Revision of the List of Ozone Depleting Substances. - When necessary, the Bureau shall revise the list of substances which are known to cause harmful effects on the stratospheric ozone layer which was initially published pursuant to Section 30 of the Act. RULE XL GREENHOUSE GASES Section 1. National Plan for Reduction of Greenhouse Gas Emissions. - The Department through the Bureau, together with concerned agencies and local government units, shall, within one (1) year from the effectivity of these Implementing Rules and Regulations, prepare and implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions. RULE XLI PERSISTENT ORGANIC POLLUTANTS

Section 1. National Action Plan. - The Department through the Bureau, together with concerned agencies and local government units, shall, within one (1) year from the effectivity of these Implementing Rules and Regulations establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. Section 2. National Programs on Reduction and Elimination of POPs. Pursuant to Section 32 of the Act, the Bureau shall, within one (1) year after the establishment of the inventory list referred to in the preceding section, design and implement a national government program on the reduction and elimination of POPs such as dioxins and furans. RULE XLII RADIOACTIVE EMISSIONS Section 1. Regulation on Atomic and/or Nuclear Energy Use. - The Philippine Nuclear Research Institute (PNRI), in coordination with the Bureau and other concerned government agencies, shall regulate all projects which will involve the use of atomic and/or nuclear energy, and will entail release

and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials. RULE XLIII HAZARDOUS AIR POLLUTANTS Section 1. Designation and Management of Hazardous Air Pollutants. - The Department through the Bureau shall issue and maintain a list of hazardous air pollutants and required control measures. The list and control measures shall be source-specific by industry and shall be designed to protect Filipinos from unnecessary risk to health or welfare. Compounds shall be considered for inclusion on the list as reasonable data or information become available. PART XI INSTITUTIONAL MECHANISMS RULE XLIV IMPLEMENTING AGENCIES Section 1. The Department. - The Department is the primary government agency responsible for the

implementation and enforcement of the Act. The Department shall have the following authority, among others: (a) To promulgate rules and regulations as may be necessary to implement the intent and provisions of the Act; (b) To closely supervise all or parts of the air quality action plans until such time that the local government concerned can assume the function to enforce the standards set by the Department; (c) To revise, from time to time, the designation of airshed utilizing eco-profiling techniques and undertaking scientific studies; (d) To designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas and to revise the designation of such areas after consultation with local government authorities, non-government organizations (NGOs), people's organization (POs) and concerned sectors; (e) To administer the Air Quality Management Fund;

(f) To establish a National Research and Development Program for the prevention and control of air pollution, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs; (g) To institute administrative proceedings pursuant to Section 40 of the Act; (h) To impose fines, through Pollution Adjudication Board, violations of standards stationary sources; the for for

(i) To exercise such other authority vested by the Act and as provided for in these Implementing Rules and Regulations. The Secretary may delegate such authority and other powers and function to the Director. Section 2. The Bureau. The Environmental Management Bureau shall be a line bureau primarily responsible for the implementation and enforcement of the Act pursuant to Section 34 thereof. It shall be comprised of a Central Office and the necessary regional, provincial and such other offices as may be established in

pertinent administrative orders issued by the Secretary. The Bureau shall establish and operationalize its regional offices within two (2) years from the effectivity of these Implementing Rules and Regulations. For this purpose, the Bureau shall reorganize and increase the number of its personnel to effectively implement the Act and the Implementing Rules and Regulations. The proposed line bureau staffing pattern shall be submitted to the Department of Budget ad Management for approval. The Bureau shall have the following powers and functions, among others: (a) To prepare annual National Quality Status Report pursuant to Section 6 of the Act; (b) To design and develop, in cooperation with the National Statistical Coordination Board (NCSB), an information network for data storage, retrieval and exchange; (c) To serve as the central depositary of all data and information related to air quality; (d) To issue and, from time to time, revise information on air

pollution control techniques upon consultation with the appropriate committees, government agencies and LGUs; (e) To, in coordination with other concerned agencies, review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare; (f) To design, impose on and collect regular emission fees from industrial dischargers as part of the emissions permitting system based on environmental techniques; (g) To issue permit as it determine necessary for prevention and abatement of pollution; may the air

(h) To require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual implementation;

(i) To review, or as the need therefore arises, revise and publish emission standards to further improve the emission standards for stationary sources of air pollution as well as emission standards for motor vehicles; (j) To have the right of entry or access to any premises including documents and relevant materials; to inspect any pollution or waste source, control devise, monitoring equipment or method required; and to test any emission; (k) To require any person who owns or operates any emission source or who is subject to any requirement of the Act to (i) establish and maintain relevant records; (ii) make relevant reports; (iii) install, use and maintain monitoring equipment or methods; (iv) sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the Department; and (v) keep records; (l) To exercise such other powers and functions as provided by the law, the Act and these Implementing Rules and Regulations.

Section 3. Other Implementing Agencies. The other agencies primarily responsible for the implementation of the Act are the Department of Transportation and Communications, the Department of Energy, and the Department of Trade and Industry. The DOTC shall have the authority to, among others: (a) Implement the emission standards for motor vehicles pursuant to and as provided in the Act; (b) Participate in the formulation of an Action Plan for the control and management of air pollution from motor vehicles; (c) Contribute towards the establishment of procedures for inspection of motor vehicles, assist in the formulation and implementation of the National Motor Vehicle Inspection and Maintenance Program; (d) Authorize private emission testing centers (duly accredited by DTI); (e) Establish a roadside inspection system;

(f) Contribute towards design of training program for law enforcement officials and deputized agents on vehicle emission testing. The DTI shall have the authority to, among others: (a) Participate in the formulation of an Action Plan for the control and management of air pollution from motor vehicles; (b) Contribute towards the establishment of procedures for inspection of motor vehicles, assist in the formulation and implementation of the National Motor Vehicle Inspection and Maintenance Program; (c) Accredit private emission testing centers (duly authorized by the DOTC); (d) Develop and implement standards and procedures for the certification of training institutions, instructors and facilities and licensing of qualified private service centers and their technicians; (e) Prescribe regulations requiring the disclosure of odometer readings and use of tamper-resistant

odometers, including tamper resistant fuel management systems. The DOE shall have the authority to, among others: (a) In coordination with other relevant agencies, set the specifications for all types of fuel and fuel-related products; (b) Specify allowable content of additives in all types of fuel and fuel-related products; (c) In coordination with the Department and BPS, regulate the use of any fuel or fuel additive. RULE II ROLE OF LOCAL GOVERNMENT UNITS Subject to Section 36 of the Act and pursuant to the Local Government Code (R.A. 7160) and other pertinent laws, the Local Government Units (LGUs) shall have the following roles within their respective territorial jurisdiction: (a) To share the responsibility in the management and maintenance of air quality within their respective territorial jurisdiction; (b) To standards implement air quality set by the Governing

Board, consistent with Sections 7, 8 and 9 of the Act; (c) To establish an Environment and Natural Resources Office (ENRO) in every province, city, or municipality which shall be headed by the environment and natural resources officer appointed by the chief executive of every province, city or municipality in accordance with the provisions of Section 484 of the R. A. 7160 and to exercise powers and duties set forth in Section 37 of the Act; (d) To prepare and develop, with the assistance from the Department, an action plan consistent with the Integrated Air Quality Framework to attain and maintain the ambient of air quality standards within their respective airsheds as provided in Section 9 of the Act; (e) To prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area; (f) To develop and submit to the Department through the Bureau a procedure for carrying out the

action plan for their jurisdiction, provided that the Department through the Bureau shall maintain its authority to independently inspect the enforcement procedure adopted; (g) To perform such other powers and functions as may be provided by applicable laws, rules and regulations. The Department shall provide the LGUs with technical assistance, training and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulations within their territorial jurisdiction. RULE XLVI LINKAGE MECHANISM Section 1. Participation of Other Organizations. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or peoples organizations (POs), or private enterprises in the furtherance of the objectives of the Act and these Implementing Rules and Regulations. Section 2. Linkage with Coordinative Multisectoral Body. - Pursuant to

Section 35 of the Act, the Bureau shall endeavor to institutionalize consultation with a multisectoral commission tasked to coordinate the plans and efforts of government agencies and non-government organizations in addressing air pollution in an organized and systematic manner. The Bureau shall study the creation of a multisectoral commission headed by the Secretary of the Department and composed of representatives from the following sectors: (1) government agencies involved in the task of air pollution control and management, (2) civil society, (3) business, (4) and other concerned sectors. The commission shall serve as an oversight body to ensure the systematic and effective management of air quality. RULE IV RECORD-KEEPING, INSPECTION, MONITORING AND ENTRY Section 1. Required Relevant Reports and Records. - The Department through the Bureau or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who

is subject to any requirement of this Act to: (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Bureau; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Bureau may reasonably require. Section 2. Right of Entry, Inspection and Testing. - Pursuant to the Act, the Bureau, through its authorized representatives, shall have the right of: (a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and (c) test any emission. Section 3. Records Available to the Public. Any record, report or information obtained under this Rule

shall be made available to the public, except upon a satisfactory showing to the Bureau by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Bureau's industrial rating system. RULE V PUBLIC EDUCATION AND INFORMATION CAMPAIGN Section 1. Public Education and Information Campaign. - A continuing air quality information and education campaign shall be promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Section 7 of the Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in the formulation and

implementation of a information campaign.

multi-sectoral

Section 2. Awareness Campaign for Mobile Sources. - The enforcement and implementation of emission standards requires the active cooperation of the importers, local assemblers, owners/operators and users of all motor vehicles. To ensure the cooperation of these groups, there is a need for an intensified and sustained awareness raising campaign. Awareness raising will be focused on the transport sector and will concentrate in communicating: (i) the harmful impact of gas emission on general public and workers in the transport sector, (ii) the technological options available to the transport sector to prevent smoke belching; and (iii) the commitment of the government to fully enforce emission standards through strengthening of apprehension activities. The advertising industry, the broadcasting industry and the print media shall participate and cooperate in the formulation and implementation of public awareness raising campaigns in connection with the emission standards without any profit to claim

in connection with their involvement. PART XII ACTIONS RULE XLIX ADMINISTRATION AND ENFORCEMENT Section 1. Administration and Enforcement. - These Implementing Rules and Regulations shall be administered by the Department and/or its authorized representatives or through other government agencies designated or deputized by the Department, or by this act, executive orders or memorandum circulars, and others. Section 2. Rules and Regulations of other Government Agencies. - The rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not consistent with this Act shall supplement the rules and regulations issued by the Department through the Bureau. Section 3. Authentication with Official Seal. - All decisions, orders and appropriate legal documents hereinafter promulgated shall be issued and authenticated with the official seal of

the Department or other government agencies designated by this Act. Section 4. Jurisdiction. The Department through the bureau shall have exclusive and original jurisdiction to control and abate air pollution from stationary sources within the territorial jurisdiction. The abatement of public nuisance as defined under the Civil Code of the Philippines and special laws shall not affect or stay the proceedings before the Department or the DOTC as the case may be, provided however, that the Department or the DOTC as the case may be, may at its discretion, take appropriate steps in the interest of justice and public welfare. RULE L ADMINISTRATIVE ACTIONS AND PROCEDURES IN AIR POLLUTION CASES INVOLVING STATION SOURCES Section 1. Administrative Action. Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:

(a) Standards provided under

of this

limitation Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation. Section 2. The Pollution Adjudication Board. - The Pollution Adjudication Board (PAB) shall have sole and exclusive jurisdiction over all cases of air pollution, as defined in these Implementing Rules and Regulations, and all other matters related thereto, including the imposition of administrative sanctions, except as may be provided by law. The PAB shall adopt and promulgate the rules of practice and procedure in air pollution cases from stationary sources under this Act. Unless otherwise revised or amended, the existing rules of the PAB, PAB Resolution No. 1-C, Series of 1997, shall apply. Section 3. Closure or Suspension of Development, Construction or Operations of a Stationary Source. - In addition to the fines prescribed under the Act and these Implementing Rules and Regulations, the PAB shall order the closure or suspension of development, construction or operation of the

stationary sources until such time that proper environmental safeguards are put in place; Provided, That an establishment found liable for a third offense shall suffer permanent closure immediately. The Order of Closure or suspension is without prejudice to the immediate issuance of an ex parte order by the PAB for such closure, suspension or development or construction, or cessation of operations during the pendency of the pollution case before the PAB. Said ex parte order shall be based upon prima facie evidence that there is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board or the appropriate LGU. Section 4. Fine Rating System. - The PAB shall prepare a fine rating system to adjust the maximum fine prescribed under Section 45 of the Act based on the violator's ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance subject to conditions set forth in the Act. In case of negligence, the first-time offender's

ability to pay may likewise be considered by the PAB. In the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to onehalf of the fine for willful violation.

RULE LI ACTIONS, PLEADINGS AND HEARING PROCEDURES FOR MOTOR VEHICLES BEFORE THE LTO Section 1. Nature and Procedure. Subject to the basic requirements of due process, the proceedings herein provided shall be summary in nature. The technical rules of evidence obtaining in courts of law shall not bind the Traffic Adjudication Service of the LTO. The Rules of Court shall not apply in proceedings before the Board except in a supplementary character and only whenever applicable. Section 2. Commencement of Action. Actions for any violation of any of the motor vehicle pollution control laws and/or these Implementing Rules and Regulations may be commenced by any person by filing a written complaint, or by the DOTC on its own initiative, or by the filing of a charge by any

deputized agent of the DOTC before the hearing officer. Section 3. Caption and Title. - In all cases cognizable by the Traffic Adjudication Service, the full names of all parties, as far as they are known, shall be stated in the caption of the original pleadings, motion, resolution, order or decision and in all summons, notices and processes to be served upon them. Section 4. Forms and Contents of Complaints and Charge Sheet. - The complaint or charge sheet shall be in writing and drawn in clear and concise language, either in Filipino or in English. It shall recite the ultimate facts constituting the cause(s) of action and/or the violations of the motor vehicle pollution control laws and/or these Implementing Rules and Regulations, as well as all information pertinent thereto. It may specify the relief and such further remedies as may be deemed just and equitable, except that the charge sheet shall already include a notice requiring the Respondent to appear and answer the charge of the date, time and place indicated therein which shall not be less than one (1) day nor more than three (3) days from receipt hereof. In

the case of a private complaint, the hearing officer shall set the case for hearing and require the Respondent to appear and answer the complaint on the date, time and place indicated in the notice of hearing which shall not be later than five (5) days from receipt thereof. Section 5. Filing and Service of Complaint and Charge Sheet. - The complaint or charge sheet shall be filed in two (2) copies before the Hearing Officer whose office covers the territorial jurisdiction where the Respondent was apprehended. The charge sheet shall be filed immediately, but not later than twenty-four (24) hours from knowledge of the violation. Service of the copy upon the driver of Respondent, shall be deemed service to Respondent. Section 6. Hearing on Apprehended Motor Vehicles. - (a) As soon as the parties enter their appearances and manifest their readiness to proceed with the hearing of the case, the complainant shall be allowed to present evidence in support of the charge with the testimony of each witness taken under oath. Thereafter, the Respondent shall be allowed to present this evidence.

(b) If the case is commenced by the Secretary or its deputized agent, the hearing shall proceed directly with the presentation of results of the smoke meter or CO/HC tests as the case may be, and other evidence, after which the Respondent shall present his evidence. In case of shall admit subject to if there be doubt, the Hearing Officer all the evidence presented, the objections interposed, any.

Section 7. Order/Decision. - If the Respondent admits the charge, the Hearing Officer shall on that same day, issue an order imposing the appropriate fines and directing the grounding of the apprehended motor vehicle. If the litigation of the case continues, the Hearing Officer shall decide the same within three (3) days from its submission. Said decision shall become final and executory if no appeal is taken therefrom to the Secretary within fifteen (15) days from notice thereof. Only upon the presentation of the CEC and the official receipt certifying full payment of fines shall the grounded motor vehicle be released upon a written order duly issued by the Hearing Officer. The Hearing Officer

shall then issue another order allowing the said motor vehicle to resume operation. RULE LII CITIZEN SUIT Section 1. Purposes. - The purposes of this section are to: (a) promote the participation of the citizens in the enforcement of the Act. (b) serve as a prod to government officials to take the necessary and appropriate action to abate and/or control pollution. Section 2. Scope. - The legal actions contemplated under this section are for civil and criminal remedies, the administrative action having been extensively treated in the preceding Rules. Section 3. Party Defendants. legal actions shall be against: The

(a) Any private natural or juridical person, including government owned and controlled corporations, who violates or fails to comply with the provisions of this Act;

(b) Any Government agency which may issue any order or rules inconsistent with this Act. For this purpose, unless the inconsistency is so blatant as to manifest evident bad faith, the action available under this heading shall only be civil in nature, such as for declaratory relief and/or injunction. The government official who was made a respondent in said civil action shall be sued in his official capacity and shall not be liable for damages. (c) Any public officer who willfully or grossly neglects to perform the duties provided for under the Act, or who abuses his authority or in any manner improperly performs his duties under the Act and its Implementing Rules and Regulations. Section 4. Notice. - The government official as well as the person in violation shall be given notice of thirty (30) calendar days to undertake the necessary measures to abate the pollution. This shall be a condition precedent to the filing of a civil or criminal case in court against the polluting establishment and against the government official concerned.

Section 5. Damages. - Damages arising from illness, physical injury or damage to property as a result of air pollution may be included in the action filed against the government official concerned and the polluting establishment. In addition, failure to take action within the prescribed 30day period may also be ground for the initiation of an administrative or criminal action against the government official concerned before the Office of the Ombudsman. Section 6. Filing Fees. In coordination with the Supreme Court, the citizen suit under this Rule, including actual and moral damages alleged to have resulted from the air pollution, shall be exempt from filing fees and other court fees. The Supreme Court may also waive the payment of the nominal filing fee for actions not capable of pecuniary estimation (e.g., declaratory relief, prohibitory and mandatory injunction, etc). The fees shall however be recorded to enable the Court to collect the appropriate amount recovered by the plaintiff in the event a monetary judgment is rendered in favor of the plaintiff in the citizen suit.

Section 7. Bond. - In coordination with the Supreme Court, where there is a prima facie showing by the plaintiff that the defendant establishment's emission is beyond the standards allowed by the law and these Implementing Rules and Regulations, or where there is a showing that the government official concerned has grossly neglected to perform his duty or has abused his authority, the Court shall exempt the plaintiff from the posting of a bond for the issuance of a restraining order or preliminary injunction. Section 8. Malicious Actions The Court shall, within thirty (30) days from receipt of the complaint, make a preliminary determination whether the case is malicious and/or baseless. The availability of technical data secured through the monitoring conducted by the Department through the Bureau, if any, or the presence of a photograph showing a visibly opaque emission shall be sufficient evidence to prove that the case is neither malicious nor baseless.

RULE LIII SUITS AND STRATEGIC LEGAL ACTIONS Section 1. Duty of the Investigating

Prosecutor. - Where a suit is brought against a person who filed an action under the preceding Rule, or against any person, institution or government agency that implements the Act or these Implementing Rules and Regulations, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal resources of the person complaining or enforcing the provisions of the Act or these Implementing Rules and Regulations. Section 2. Action of the Court. - Upon determination made under the preceding section, if evidence warrants the same, the court shall dismiss the case and award attorney's fees and double damages. Section 3. Scope. - This Rule shall apply and benefit persons who filed an action under the preceding Rule or Section 41 of the Act and any person, institution or government agency that implements the Act or these Implementing Rules and Regulations. Further, it shall also apply and benefit public officers who are sued for acts committed in their official

capacity, there being no grave abuse of authority, and done in the course of enforcing the Act or these Implementing Rules and Regulations. PART XIII FINES AND PENALTIES RULE LIV FINES AND PENALTIES FOR VIOLATION OF STANDARDS FOR STATIONARY SOURCES Section 1. Fines to Be Imposed. - For actual exceedance of any pollution or air quality standards under the Act or these Implementing Rules and Regulations, the PAB shall impose a fine of not more than One Hundred Thousand Pesos (P 100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with. The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of the fines. Section 2. Gross Violation Defined. Gross violations of the Act or these Implementing Rules and Regulations shall mean:

(a) Three (3) or more specific offenses within a period of one (1) year; (b) Three (3) or offenses within consecutive years; more specific three (3)

(c) Blatant disregard of the orders of the PAB, such as but not limited to the breaking of seals, padlocks and other similar devices, or operating despite the existence of an order for closure, discontinuance or cessation of operation; (d) Irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of the Act or these Implementing Rules and Regulations. Section 3. Penalties for Gross. Violations In case of gross violations of the Act or these Implementing Rules and Regulations, the PAB shall recommend to the proper government agencies the filing of appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or officials directly in charge of the operations shall suffer the penalty herein provided. Section 4. Lien Upon Personal and Immovable Property. Fines and penalties imposed pursuant to the Act or these Implementing Rules and Regulations shall be liens upon personal and immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference subsequent to laborer's wages under Article 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines. RULE LV FINES AND PENALTIES FOR VIOLATION OF STANDARDS FOR MOTOR VEHICLES Section 1. Fines and Penalties for Violation of Vehicle Emission Standards. - The driver and operator of the apprehended vehicle found to have

exceeded the emission standards shall suffer the following penalties. (a) First offense - a fine in the amount of one thousand pesos (P 1,000.00); (b) Second offense - a fine in the amount of three thousand pesos (P 3,000.00); and (c) Third offense -a fine in the amount of five thousand pesos (P 5,000.00) and the offender must undergo a seminar on pollution control and management conducted by the DOTC/LTO. In case the third offense was committed within a year from the commission of the first offense, an additional penalty of suspension of the Motor Vehicle Registration (MVR) for a period of one (1) year shall be imposed. Section 2. Fines for Violation of the Provisions of Section 21(d) of the Act. - Any violation of the provisions of Section 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than thirty thousand pesos (P 30,000.00) or cancellation of license of both the technician and the center, or both, as

determined

by

the

DOTC.

RULE LVI FINES AND PENALTIES FOR VIOLATIONS OF OTHER PROVISIONS OF THE CLEAN AIR ACT Section 1. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other provisions provided in the Act and these Implementing Rules and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not more than One Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or officials directly in charge of the operations shall suffer the penalty herein provided. Section 2. Burning of Municipal Waste. - Any person who burns municipal waste in violation of Sections 1 and 3 of Rule XXV shall be punished with two (2) years and one (1) day to four (4) years imprisonment. Section 3. Burning of Hazardous Substances and Wastes. - Any person who burns hazardous substances and wastes

in violation of Section 1 of Rule XXV shall be punished with four (4) years and one (1) day to six (6) years imprisonment. Section 4. Burning of Bio-Medical Waste. - Any person who burns biomedical waste in violation of Section 4 of Rule XXV shall be punished with four (4) years and one (1) to six (6) years imprisonment. Section 5. Smoking in Public Places. Any person who smokes inside a public building or an enclosed public place, including public utility vehicles or other means of public transport or in any enclosed area outside of his private residence, private place of work or any duly designated smoking area shall be punished with six (6) months and one (1) day to one (1) year imprisonment or a fine of ten thousand pesos (P 10,000.00). Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce, Conveyance or other Disposition of Leaded Gasoline. - Any person who manufactures, imports, sells, offers for sale, introduces to commerce, conveys or otherwise disposes of, in any manner leaded gasoline shall be punished with three (3) years and one (1) day to five (5) years

imprisonment and liable for the appropriate fine as provided in Section 1. Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce, Conveyance or other Disposition of Engines and/or Engine Components Requiring Leaded Gasoline. Any person who manufactures, imports, sells, offers for sale, introduces into commerce, conveys or otherwise disposes of, in any manner engines and/or engine components which require the use of leaded gasoline shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1. Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Unleaded Gasoline Fuel which do not Meet the Fuel Specifications. Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce unleaded premium gasoline fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be punished with three (3) years and one (1) day to five (5) years

imprisonment and liable for the appropriate fine as provided in Section 1. Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Automotive Diesel Fuel which do not Meet the Fuel Specifications. Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce automotive diesel fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1. Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Industrial Diesel Fuel which do not Meet the Fuel Specifications. Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce industrial diesel fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE

shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1. Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without Prior Registration of the Fuel or Fuel Additive with the DOE. - Any person who manufactures, processes, or engages in the trade of any fuel or fuel additive without having the fuel or fuel additive registered with the DOE shall be punished with two (2) years and one (1) day to four (4) years of imprisonment and liable for the appropriate fine as provided in Section 1. Section 12. Misfuelling. - Misfuelling refers to the act of introducing or causing or allowing the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only." Any person who misfuels shall be punished with one (1) year and one (1) day to three (3) years imprisonment or a fine of twenty thousand pesos (P20,000.00).

PART XIV FINAL PROVISIONS RULE LVII SEPARABILITY CLAUSE If any clause, sentence, section or provision of these Implementing Rules and Regulations is held or declared unconstitutional or invalid by a competent court, the remaining parts of these Implementing Rules and Regulations shall not be affected thereby. RULE LVIII REPEALING AND AMENDING CLAUSE Department Administrative Order No. 2000-03 and all orders, rules and regulations inconsistent with or contrary to the provisions of these Implementing Rules and Regulations are hereby repealed or modified accordingly. RULE LIX EFFECTIVITY These Implementing Rules and Regulations shall take effect fifteen (15) days from the date of its publication in the Official Gazzette or

in at least two (2) general circulation.


Approved:

newspapers

of

ANTONIO H. CERILLES Secretary


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REPUBLIC ACT NO. 8550


AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as "The Philippine Fisheries Code of 1998" CHAPTER I DECLARATION OF POLICY AND DEFINITIONS Sec. 2. Declaration of Policy. - it is hereby declared the policy of the State: a. to achieve food security as the overriding consideration in the utilization, management, development conservation and protection of fishery resources in order to provide the food needs of the population. A flexible policy towards the attainment of food security shall be adopted in response to changes in demographic trends for fish, emerging trends in the trade of fish and other aquatic products in domestic and international markets, and the law of supply and demand;

b. to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens; c. to ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine water including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the quality of the environment; d. to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in the preferential use of the municipal waters. Such preferential use, shall be based on, but not limited to, Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and ecological conditions, and shall be consistent with our commitments under international treaties and agreement; e. to provide support to the fishery sector, primarily to the municipal fisherfolk, including women and youth sectors, through appropriate technology and research, adequate financial, production, construction of postharvest facilities, marketing assistance, and other services. The he protection of municipal fisherfolk against foreign intrusion shall extend to offshore fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of marine and fishery resources; f. to manage fishery and aquatic resources, in a manner consistent with the concept of an integrated coastal area management in specific natural fishery management areas, appropriately supported by research, technical services and guidance provided by the State; and g. to grant the private sector the privilege to utilize fishery resources under the basic concept that the grantee, licensee or permittee thereof shall not only

be a privileged beneficiary of the State but also an active par participant and partner of the Government in the sustainable development, management, conservation and protection of the l; fishery and aquatic resources of the country. The State shall ensure the attainment of the following objectives of the fishery sector; 1. Conservation, protection and sustained management of the country's fishery and aquatic resources; 2. Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk; 3. Improvement of productivity of aquaculture within ecological limits; 4. Optimal utilization resources; and of offshore and deep-sea

5. Upgrading of post-harvest technology. Sec. 3. Application of its Provisions. - The provisions of this Code shall be enforced in: a. all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf; b. all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fish pens/cages; and c. all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands. Sec. 4. Definition of Terms. - As used in this Code, the following terms and phrases shall mean as follows: 1. Ancillary Industries - firms or companies related to the supply, construction and maintenance of fishing

vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest and post-harvest facilities. 2. Appropriate Fishing Technologyadaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally source-based and labor intensive. 3. Aquaculture - fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas. 4. Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum Of carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution. 5. Aquatic Resources - includes fish, all other aquatic flora and fauna and other living resources of the aquatic environment including, but not limited to, salt and corals. 6. Artificial Reef i - any structure of natural or manmade materials placed on a body of water to serve as sheller and habitat, source of food, breeding areas for fishery species and shoreline protection.

7. Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. 8. Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippines waters. 9. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas. 10. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing to be further classified as: 1. Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT ) up to twenty (20) GT; 2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT; up to one hundred fifty ( 150) GT; and 3. Large scale commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT. 11. Commercial Scale - a scheme of producing a minimum harvest per hectare per year of milkfish or other species including those raised in pens, cages, and tanks to be determined by the Department in consultation with the concerned sectors:

12. Coral - the hard calcareous substance made up of the skeleton of marine coelenterate polyps which include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons form a stony mass. 'They include: (a) skeletons of anthozoan coelenterates characterized as having a rigid axis of compact calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink, and white corals which are considered precious corals; (b) skeletons of anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians represented by the black corals which are considered semi-precious corals; and (c) ordinary corals which are any kind of corals that are not precious nor semi-precious. 13. Coral Reef - a natural aggregation of coral skeleton, with or without living coral polyps, occurring in interlidal and subtidal marine waters. 14. Demarcated Areas - boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as: a. Aquaculture, sea ranching and sea farming; b. Fish aggregating devices; c. Fixed and passive fishing gears; and d. Fry and fingerlings gathering. 15. Department - shall mean the Department of Agriculture. 16. Electrofishing - the use of electricity generated by batteries, electric generator and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered. 17. Endangered, Rare and/or Threatened Species aquatic plants, animals, including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the Department of Environment and Natural

Resources (DENR) and in the Convention of the International Trade of Endangered Species of Flora and Fauna (CITES). 18. Exclusive Economic Zone (EEZ) - an area beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical miles from the baselines as defined under existing laws. 19. FARMCs - the Fisheries and Aquatic Resources Management Councils 20. Farm-to-Market Roads - shall include roads linking the fisheries production sites, coastal landing points and other post-harvest facilities to major market and arterial roads and highways. 21. Fine Mesh Net - net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency. 22. Fish and Fishery/Aquatic Products - include not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form. 23. Fish Cage - refers to an enclosure which is stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden/bamboo posts or various types of anchors and floats. 24. Fish Corral or "Baklad" - a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or bags.

25. Fish fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm. depending on the species. 26. Fish fry - a stage at which a fish has just been hatched usually with sizes from 1-2.5 cm. 27. Fish pen - an artificial enclosure constructed within a body of water for culturing fish and fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. 28. Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources. 29. Fisherfolk Cooperative - a duly registered association of fisherfolk with a common bond of interest who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles. 30. Fisherfolk Organization - an organized group association, federation, alliance or an institutions of fisherfolk which has at least fifteen (15) members, a set of officers, a constitution and by-laws, an organizational structure and a program of action. 31. Fisheries - refers to all activities relating to the act or business of fishing, culturing preserving processing marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. 32. Fish Pond - a land-based facility enclosed with earthen or stone material to impound water for growing fish. 33. Fishing Boat/Gear License - a permit to operate specific types of fishing boat/gear for specific

durations in areas beyond municipal demersal or pelagic fishery resources.

waters

for

34. Fishery Management Areas - a bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes. 35. Fishery Operator - one who owns and provides the means including land, labor, capital, fishing gears and vessels, but does not personally engage in fishery. 36. Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted. 37. Fishery Reserve - a designated area where activities are regulated and set aside for educational and research purposes. 38. Fishery Species - all aquatic flora and fauna including but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans. 39. Fishing - the taking of fishery species from their wild state or habitat, with or without the use of fishing vessels. 40. Fishing gear - any instrument or device and its accessories utilized in taking fish and other fishery species. a. Active fishing gear - is a fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and seating the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bagnets, paaling, drift gill net and tuna longline . b. Passive fishing gear - is characterized by the absence of gear movements and/or the pursuit of the target species; such as, but not limited to, hook and

line, fishpots, traps and gill nets across the path of the fish. 41. Fishing vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or move vessels in the performance of any activity relating to fishing, including, but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing. 42. Fishing with Explosives -the use of the dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound will kill, stupefy, disable or render unconscious any fishery species. It also refers to the use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 43. Fishing with Noxious or Poisonous Substances - he use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 44. Fishworker - a person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit-sharing or stratified sharing basis, including those working in fishpens, fish cages, fish corrals/traps, fishponds prawn farms sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants Excluded than this category are administrators, security guards and overseers. 45. Food Security - refers to any plan policy or strategy aimed at ensuring adequate supplies of

appropriate food at affordable prices. Food security may be achieved through self-sufficiency (i. e. ensuring adequate food supplies from domestic production) through self-reliance (i. e. ensuring adequate food supplies through a combination of domestic production and importation) or through pure importation. 46. Foreshore Land - a string of land margining a body of water: the part of a seashore between the lowwater line usually at the seaward margin of a low tide terraces and the upper limit of wave wash at high tide usually marked by a beach scarp or berm. 47. Fully-developed I Fishpond Area - a clean leveled are a enclosed by dikes at least one fool higher than the highest floodwater level in the locality and strong enough lo resist pressure at the highest flood tide; consists of all least a nursery pond, a transition pond a rearing pond or a combination of any or all said classes of ponds and a functional water control system and producing in a commercial scale 48. Gross Tonnage - includes the underdeck tonnage permanently enclosed spaces above the tonnage deck except for certain exemptions In broad terms all the vessel's 'closed-in' spaces expressed in volume terms on the bases of one hundred cubic feet (that equals one gross ton) 49. Inland Fishery - the brackish water fishponds freshwater fishery and

50. Lake - an inland body of water an expanded part of a river a reservoir formed by a dam or a lake basin intermittently or formerly covered by water. 51. Limited Access - a fishery policy by which a system of equitable resource use and allocation is established by law through fishery rights granting and licensing procedure as provided by this Code. 52. Mangroves - a community of intertidal plants including all species of trees shrubs, vines and herbs found on coasts swamps or border of swamps.

53. Maximum Sustainable Yield (MSY) - is the largest average quantity of' fish that can be harvested from a fish stocks/resource within a period of time (e. g. one year) on a sustainable basis under existing environmental conditions. 54. Migratory species - refers to any fishery species which in the course of their life could travel from freshwater to marine water or vice versa, or any marine species which travel over great distances in waters of the ocean as part of their behavioral adaptation for survival and speciation; (a) Anadromous species - marine fishes which migrate to freshwater areas to spawn; (b Catadromous species - freshwater fishes which migrate to marine areas to spawn. 55. Monitoring, control and surveillance a. Monitoring the requirement of continuously observing: (1) fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fisherfolk; (2) characteristics of fishery resources; and (3) resource yields (catch); b. Control - the regulatory conditions (legal framework) under which the exploitation, utilization and disposition of the resources may be conducted; and c. Surveillance - the degree and types of observations required to maintain compliance with regulations. 56. Municipal fisherfolk - persons who are directly or indirectly engaged in municipal fishing and other related fishing activities. 57. Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels.

58. Municipal waters - include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from the opposite shore of the respective municipalities. 59. Non-governmental organizations (NGO) - an agency, institution, a foundation or a group of persons whose purpose is to assist peoples organizations/associations in various ways including, but not limited to, organizing education, training,, research and/or resource accessing. 60. Payao - a fish aggregating device consisting of it floating raft anchored by a weighted line with suspended materials such as palm fronds to attract pelagic and schooling species common in deep waters. 61. Pearl Farm Lease - public waters leased for the purpose of producing cultured 62. People's Organization - a bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who voluntarily band themselves together to work for and by themselves for their own upliftment, development and greater good. 63. Person - natural or juridical entities such as individuals, associations, partnership, cooperatives or corporations

64. Philippine waters - include all bodies of water within the Philippine territory such as lakes, rivers, streams, creeks, brooks, ponds, swamps,, lagoons, gulfs, bays and seas and other bodies of water now existing or which may hereafter exist in the provinces, cities, municipalities, and barangays and the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea beds, the insular shelves and all other waters over which the Philippine bits sovereignty and jurisdiction, including the 200-nautical miles exclusive economic zone and the continental shelf. 65. Post-harvest facilities - these facilities include, but are not limited to, fishport, fishlanding, ice plants and cold storages, fish processing plants. 66. Purse Seine - a form of encircling net having a line at the bottom passing through rings attached to the net, which can be drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until JTC fish are concentrated in the bunt or fish bag. 67. Resource Rent - the difference between the value of the products produced from harvesting a publicly owned resource less the cost of producing it, where cost includes the normal return to capital and normal return to labor. 68. Sea farming - the stocking of natural or hatcheryproduced marine plants or animals, under controlled conditions, for purposes of rearing and harvesting, but not limited to commercially-important fishes, mollusks (such as pearl and giant clam culture), including seaweeds and seagrasses. 69. Sea ranching - the release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water for subsequent harvest at maturity or

the manipulation of fishery habitat, to encourage the growth of the wild stocks. 70. Secretary - the Secretary of the Department of Agriculture. 71. Superlight - also called magic light, is a type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine. 72. Total Allowable Catch (TAC) - the maximum harvest allowed to be taken during a given period of time from any fishery area, or from any fishery species or group of fishery species, or a combination of area and species and normally would not exceed the MSY. 73. Trawl - an active fishing gear consisting of a bag shaped net with or without otter boards to open its opening which is dragged or towed along the bottom or through the water column to take fishery species by straining them from the water, including all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets. CHAPTER 11 UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION SYSTEM OF FISHERIES AND AQUATIC RESOURCES Sec. 5. Use of Philippine Waters. - The use and exploitation of the fishery and aquatic resources in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That research and survey activities may be allowed under strict regulations, for purely research, scientific, technological and educational purposes that would also benefit Filipino citizens. Sec. 6. Fees and Other Fishery Charges. - The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial

Fishing Boat Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the utilization of resources and shall be determined by the Department: Provided,That the Department shall also prescribe fees and other fishery charges and issue the corresponding license or permit for fishing; gear, fishing accessories and other fishery activities beyond the municipal waters: Provided, further, that the license fees of fishery activity in municipal waters shall be determined by the Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may also recommend the appropriate license fees that will be imposed. Sec. 7. Access to Fishery Resources. - The Department shall issue such number of licenses and permits for the conduct of fishery activities subject to the limits of the MSY of the resource as determined by scientific studies or best available evidence. Preference shall be given to resource users in the local communities adjacent or nearest to the municipal waters. Sec. 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or quota on the total quantity of fish captured, for a specified period of time and specified area based on the best available evidence. Such a catch ceiling may be imposed per species of fish whenever necessary and practicable: Provided, however, that in municipal waters and fishery management areas, and waters under the jurisdiction of special agencies, catch ceilings may be established upon the concurrence and approval or recommendation of such special agency and the concerned LGU in consultation with the FARMC for conservation or ecological purposes. Sec. 9. Establishment of Closed Season. - The Secretary may declare,through public notice in at least two (2) newspapers of general circulation or in public service announcements, whichever is applicable, at least five (5) days before the declaration, a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes. The Secretary

may include waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk in the area to be covered by the closed season: Provided, however, That this shall be clone only upon the concurrence and approval or recommendation of such special agency and the concerned LGU and FARMC: Provided, further, That in municipal waters, fishery management areas and other areas reserved for the use of the municipal fisherfolk, closed season may be established by the concerned LGU ill consultation with the FARMC for conservation or ecological purposes. The FARMCs may also recommend the establishment of' closed seasons in municipal waters, fisheries management and other areas reserved for the use of the municipal fisherfolk Sec. 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk, crustacean or aquatic plants shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based on scientific studies subject to the bio-safety standard as provided for by existing laws Provided, however, That the Department may approve the introduction of foreign aquatic species for scientific/research purposes Sec. 11. Protection of Rare, Threatened and Endangered Species. - The Department shall declare closed seasons and take conservation and rehabilitation measures for rare, threatened and endangered species, as it may determine, and shall ban the fishing and/or taking of rare, threatened and/or endangered species, including their eggs/offspring as identified by existing laws in concurrence with concerned government agencies. Sec. 12. Environmental Impact Statement (EIS). - All government agencies as well as private corporations, firms and entities who intend to undertake activities or projects which will affect {he quality of the environment shall be required to prepare a detailed Environmental Impact Statement (EIS) prior to undertaking such development activity. I he

preparation of the EIS shall form an integral part Or the entire planning process pursuant to the provisions of P.D. No. 1586 as well as its implementing rules and regulations. Sec. 13. Environmental Compliance Certificate (ECC). All Environmental Impact Statements (EIS) shall be submitted to the Department of Environment and Natural Resources (DENR) for review and evaluation. No person, natural or judicial, shall undertake any development project without first securing an Environmental Compliance Certificate (ECC) from the Secretary of the DENR. Sec. 14. Monitoring Control and Surveillance of the Philippine Waters. - A monitoring, control and surveillance system shall be established by the Department in coordination with LGUs, FARMCs, the private sectors and other agencies concerned to ensure that the fisheries and aquatic resources in the Philippine waters are judiciously and wisely utilized and managed on a sustainable basis and conserved for the benefit and enjoyment exclusively of Filipino citizens. Sec. 15. Auxiliary invoices. - All fish and fishery products must have an auxiliary invoice to be issued by the LGUs or their duly authorized representatives prior to their transport from their point of origin to their point of destination in the Philippines and/or export purposes upon payment of a fee to be determined by the LGUs to defray administrative cost therefore. ARTICLE I MUNICIPAL FISHERIES Sec. 16. Jurisdiction of the Municipal/City Governments. - The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. The municipality/City government, in coordination with FARMC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy . The ordinance enacted by

the municipality and component city shall be reviewed pursuant to RA 7160 by their sanggunian of the province which has jurisdiction over the same. The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipality/city councilor. The management of contiguous fishery resources such as bays which straddled several municipalities, cities, and provinces, shall be done in an integrated manner and not based on political subdivisions of municipal waters in order to facilitate their management as single resource systems. The LGUs which share or border such resources may group themselves and coordinate with each other to achieve the objectives of integrated fishery resource management. The integrated Fisheries and Aquatic Resource Management Councils (FARMCs) established under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in the management of contiguous resources. Sec. 17. Grant of fishing privileges in municipal waters. The duly registered fisherfolk organization/cooperatives shall have preferences in the grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, that the in the area where there are special agencies or offices vested with jurisdiction over municipal water by virtue of special law creating these agencies such as, but not limited to the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures. Sec. 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as defined in this Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk.

The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance, authorize or permit shall and medium commercial fishing vessels to operate within the then point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met: a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency; b. fishing activities utilizing methods and gears that are determined to be consistent with national polices set by the Department. c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and d. the applicant vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate agency as not having violated this Code, environmental laws and related laws. In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in an environmentally critical condition and during closed season as provided for in Section 9 of this Code. Sec. 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal waters, and of monitoring fishing activities and/or other related purposes: Provided, That the FARMC shall submit to the LGU the list of priorities for its consideration. Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to public inspection, for the purpose of validating the correctness and completeness of the list. The LGU, in

consultation with the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms. The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with the assistance of the FARMC. Sec. 20. Fisherfolk Organizations and/or Cooperatives. Fisherfolk organizations/ cooperatives whose members are listed in the registry of municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish farming: Provided, however, That an organization/cooperative member whose household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization or cooperative. Sec. 21. Priority of Resident Municipal Fisherfolk. Resident municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcated fishery areas of the said municipality. Sec. 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery rights to fishery organizations/cooperatives for mariculture operation in specific areas identified by the Department. Sec. 23. Limited Entry Into Overfished Areas. Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger of being overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters. Sec. 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide support to municipal fisherfolk through appropriate technology and research, credit, production and marketing

assistance and other services such as, but not limited to training for additional/supplementary livelihood. Sec. 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the privileges accorded to other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as amended. ARTICLE II. COMMERCIAL FISHERIES Sec. 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational purposes, or engage in any fishery activity, or seek employment as a fishworker or pearl diver without first securing a license from the Department, the period of which shall be prescribed by the Department: Provided, That no such license shall be required of a fishing vessel engaged in scientific, research or educational purposes within Philippine waters pursuant to an international agreement of which the Philippines is a signatory and which agreement defines the status, privileges and obligations of said vessel and its crew and the non-Filipino officials, of the international agency under which said vessel operates; Provided, further, that members of the crew of a fishing vessel used for commercial fishing except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to undertake an orientation training on detection of fish caught by illegal means before they can be issued their fishworker licenses: Provided, |finally, That the large commercial fishing vessel license herein authorized to he granted shall allow the licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject to the conditions that may be

stated therein and the rules and regulations that may be promulgated by the Department. Sec. 27. Persons Qualified for Commercial Fishing Vessel License. - No commercial fishing vessel license shall be issued except to citizens of the Philippines partnerships or to associations, cooperatives or corporations duly registered in the Philippines at least sixty percent (60%) of the capital stock of which is owned by Filipino Citizens. No person to whom a license has been issued shall sell, transfer or assign, directly or indirectly his stock or interest therein to any person not qualified to hold a license. Any such transfer, sale or assignment shall be null and void and shall not be registered in the hooks of' the association, cooperative or corporation. For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines, partnerships, corporations, cooperatives or associations qualified under this section shall secure Certificates of Philippines Registry and such other documents as arc necessary for fishing operations from the concerned agencies Provided, 'that the commercial fishing vessel license shall be valid for a period to be determined by the Department Sec. 28. Commercial Fishing Vessels Registration. The registration, documentation, inspection and manning of the operation of all types of fishing vessels plying Philippines waters shall be in accordance with existing laws, rules and regulations. Sec. 29. Registration and licensing of Fishing Gears Used in Commercial Fishing. - Before a commercial fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine waters, the fishing gear it will utilize in fishing shall be registered and a license granted therefore. The Department shall promulgate guidelines to implement this provision within sixty (60) days from approval of this Code.

Sec. 30. Renewal of Commercial Boat License. - The commercial fishing boat license shall be renewed every three (3) years. The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within which to renew the same. Sec. 31. Report of Transfer of Ownership. - The owner/operator of a registered fishing vessel shall notify the Department in writing of the transfer of the ownership of the vessel with a copy of such document within ten (10) clays after its transfer to another person. Sec. 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing vessels of Philippines registry may operate in international waters or waters of other countries which allow such fishing operations: Provided, that they comply with the safety, manning and other requirements of the Philippine Coast Guard, Maritime Industry Authority and other agencies concerned: Provided, however, That they secure an international fishing permit and certificate of clearance from the Department: Provided, further That the fish caught by such vessels shall be considered as caught in Philippine waters and therefore not subject to all import duties and taxes only when the same is landed in duly designated fish landings and fish ports in the Philippines: Provided, furthermore, That landing ports established by canneries, seafood processors and all fish landing sites established prior to the effectivity of this Code shall he considered authorized landing sites: Provided, Finally, that fishworkers on board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers. Sec. 33. Importation of Fishing Vessels or Construction of New Fishing Boats. - Prior to the importation of fishing vessels and the Construction of new fishing vessels, the approval/clearance of the Department must first be obtained

Sec. 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. - Municipal and small-scale commercial fisherfolk shall he granted incentives which shall include, but are not limited to, the following: a. at least ten percent (10%) of the credit and the guarantee funds of government financing institutions shall he made available for post-harvest and marketing projects for the purpose of enhancing our fisherfolk competitiveness by reducing post-harvest losses. Qualified projects shall include but shall not he limited to. ice plants, cold storage, canning, warehouse, transport and other related infrastructure projects and facilities; and b. the Department shall undertake the following programs: 1. a capability-building program for targeted parties shall he developed by the Department to promote greater bankability and credit worthiness of municipal and small-scale commercial fisher Such program shall include organizing activities, technology transfer, and skills training related to commercial fishing as well as credit management. Groups and cooperatives organized under the program shall have priority access over' credit and guarantee funds established under this Code; 2. and an information campaign shall be conducted to promote the capability and credit programs The campaign shall ensure greater information dissemination and accessibility to targeted fisherfolk. Sec. 35. Incentives for Commercial Fishers to Fish Farther Into the Exclusive Economic Zone (EEZ). - In order to encourage fishing vessel operators to fish farther in the EEZ and beyond, new incentives for improvement of fishing vessels and acquisition of fishing equipment shall be granted in addition to incentive already available from the Board of Investments (BOI). Such incentives shall be granted subject to exhaustive evaluation of resource and

exploitation conditions in the specified areas of fishing operations. The incentive shall include but not be limited to: a. long term loans supported by guarantee facilities to finance the building and acquisition and/or improvement of fishing vessels and equipment; b. commercial fishing vessel operators of Philippines registry shall enjoy a a limited period of tax and duty exemptions Ott the importation of fishing vessels not more than five 5 years old, equipment and paraphernalia, the period of exemption and guidelines shall be fixed by the Department within ninety (90) days from the effectivity of this Code; c. commercial fishing operator of Philippines registry engaged in fisheries in the high seas shall be entitled to duty and tax rebates on fuel consumption for commercial fisheries operations. Guidelines shall be promulgated within ninety (90) days from the effectivity of this Code by the Department and d. all applicable incentives available under the Omnibus investment Code of' 1987: Provided, That the fishing operation project is qualified for registration and is duly registered with the BOI. Sec. 36. Complement of Fishing Vessels. - Every commercial fishing vessel of Philippine registry when actually operated, shall be manned in accordance with the requirements of the Philippine Merchant Marine rules and regulations. Sec. 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provide with adequate medical supplies and life-saving devices to be determined by the Occupational Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT or more shall have as a member of' its crew a person qualified as a first aider duly certified by the Philippine National Red Cross. Sec. 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record of fish catch and spoilage, landing points, and quantity and value of

fish caught, and off-loaded for transshipment, sale and/or other disposal. Detailed information shall be duly certified by the vessel's captain and transmitted monthly to the officer or representative of the Department, at the nearest designated landing point. Sec. 39. Report of Meteorological and Other Data. - All vessels and crafts passing navigational lanes or engaged in fisheries activity shall be required to contribute to meteorological and other data, and shall assist the Department in documentation or reporting of information vita to navigation and the fishing industry. Sec. 40. Color Code and Radio Frequency. - For administrative efficiency and enforcement of regulations, registered fishing vessels shall bear a color code as may be determined by the Department and may be assigned a radio frequency specific and district to its area operation. Sec. 41. Passage. - Commercial and other passage not in the regular conduct of .nativity shall be made at designated navigational lanes. Sec. 42. Transshipment. - Foreign fishing vessels wishing to avail or of land, air and sea facilities available in the Philippines to transport fishery products which are caught outside Philippines territorial water to its final destination shall call only at duly designated government-owned or -controlled regional fish port complexes after securing clearance from the Department. Sec. 43. Operation of Radio Communication Facilities on Board Fishing Vessels. - the Department shall promulgate guidelines in the operation of radio communication facilities on board fishing vessels and the assignment of radio frequencies specific and distinct to area of operation in coordination with the National l telecommunications commission. Sec. 44. Use of Superlight. - The number and wattage of superlights used in commercial fishing vessels shall be regulated by the Department: Provided, That the

use of superlights is banned within municipal waters and bays. ARTICLE III AQUACULTURE Sec. 45. Disposition of Public Lands for Fishery Purposes. - Public lands such us tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or alienated. Upon effectivity of this Code, FLA may be issued for public lands that may be declared available for fishpond development primarily to qualified fisherfolk cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas. thereafter, such FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well as small and medium enterprises as defined under RA 8289 provide further that, the Department shall declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally, That two (2) years .after the approval of this Act, no fish pens or fish cages or fish traps shall be allowed in lakes. Sec. 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk organizations/cooperatives shall be subject to the following conditions: a. Areas leased for fishpond purposes shall be no more than 50) hectares for individuals and 250 hectares for corporations or fisherfolk organizations; b. The lease shall be for a period of twenty-five (25) years and renewable for another twenty-live (25) years: Provided,That in case of the death of the lessee, his spouse and/or children, as his heirs, shall have preemptive rights to the unexpired term of his Fishpond Lease Agreement subject to the same terms

and conditions provided herein provided that the said heirs are qualified. c. Lease rates for fishpond areas shall be determined by the Department: Provided, That all fees collected shall be remitted to the National Fisheries Research and Development institute and other qualified research institutions to be used for aquaculture research development. d. The area leased shall be developed and producing on a commercial scale within three (3) years from the approval of the lease contract: Provided, however, That all areas not fully producing within five (5) years from the date of approval of the lease contract shall automatically revert to the public domain for reforestation; e. The fishpond shall not be subleased, in whole or in part, and failure to comply with this provision shall mean cancellation of FLA; f. The transfer or assignment of rights to FLA shall be allowed only upon prior written approval of the Department; g. The lessee shall undertake reforestation for river banks, bays, streams and seashore fronting the dike of his fishpond subject to the rules and regulations to be promulgated thereon; and the' lessee shall provide facilities that will minimize environmental pollution, i.e., settling ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean cancellation of FLA. Sec. 47. Code of practice for Aquaculture. - The Department shall establish a code of practice for aqua culture that will outline general principles and guidelines for environmentally- sound design and operation to promote the sustainable development of the industry. Such code shall be developed through a consultative process with the DENR, (the fishworkers, FLA holders, fishpond owners, fisherfolk cooperatives, small-scale operators, research institutions and the academe, and other potential stakeholders. The

Department may consult with specialized international organizations in the formulation of the code of practice. Sec. 48. Incentives and Disincentives for Sustainable Aquaculture Practices. - The Department shall formulate incentives and disincentives, such as, but not limited to, effluent charges, user fees and negotiable permits, to encourage compliance with the environmental standards and to promote sustainable management practices. Sec. 49. Reversion of all Abandoned, Undeveloped or Underutilized Fishponds. - The DENR, in coordination with the Department, LGUs, other concerned agencies and FARMCs shall determine which abandoned, undeveloped or underutilized fishponds covered by FLAs can be reverted lo their original mangrove state and after having made such determination shall take all steps necessary to restore such areas in their original mangroves state. Sec. 50. Absentee Fishpond Lease Agreement Holders. - holders of fishpond lease agreements who have acquired citizenship in another country during the existence of' the FLA shall have their lease automatically canceled and the improvements thereon to be forfeited in Favor of the government and disposed of in accordance with rules and regulations promulgated thereon. Sec. 51. License to Operate Fish Pens, Fish Gages, Fish Traps and Other Structures for the Culture of Fish and Other Fishery Products. - Fish pens, fish capes, fish traps and other structures for the culture of fish and other fishery products shall be constructed and shall operate only within established zones duly designated by LGUs in consultation with the FARMC concerned consistent with national fisheries policies after the corresponding licenses thereof have been secured. The area to be utilized for this purpose pose for individual person shall he determined by the LGUs in consultation with the concerned FARMC:

Provided, however, that not over ten percent (10%) of the suitable water surface; area of all lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish traps; and the stocking density and feeding requirement which shall he controlled and determined by its carrying capacity: Provided, further, that fish pens and fish cages located outside municipal waters shall he constructed and operated only within fish pen and fish cage belts designated by the Department and after corresponding licenses therefore have been secured and the fees thereof paid. Sec. 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing pearl farm leases shall he respected and allowed to operate under the terms thereof. New leases may be granted to qualified persons who possess the necessary capital and technology, by the LGUs having jurisdiction over the area. Sec. 53. Grant of Privileges Operations of Fish Pens, Cages, Corrals/traps and Similar Structures. - No new concessions, licenses, permits, leases and similar privileges for the establishment or operation of fish peas, fish cages, fish corrals/traps and other similar structures in municipal areas shall be granted except to municipal fisherfolks and their organizations. Sec. 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish cages and fish pens shall be covered under the insurance program of the Philippines Crop insurance Corporations for losses caused by force majeure and fortuitous events. Sec. 55. Non Obstruction to Navigation. - Nothing in the foregoing sections shall be construed as permitting the lessee, licensee, or permittee to undertake any construction which will obstruct the free navigations in any stream, river, lakes, or bays following through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from the area. Any construction made in violation hereof shall be removed Upon the order of

the Department in coordination with the other government agencies concerned at the expense of the lessee, licensee, or occupants hereof whenever applicable. The Department shall within thirty (30) days after the effectivity of this Code formulate and implement rules and regulations for the immediate dismantling of existing obstruction to navigation Sec. 56. Non-Obstruction to Defined Migration Paths. Nothing in the foregoing sections shall be construed as permitting the lessee, permittee or licensee to undertake any construction which will obstruct any defined migration path of migratory fish species such as river mouths and estuaries within a Distance determined by the concerned LGUs in consultation with and upon the recommendation of the FARMCs Sec. 57. Registration of Fish/Hatcheries and Private Fishponds, etc. - All fish hatcheries, fish breeding facilities and private fishponds must he registered with the LGUs which shall prescribe minimum standards for such facilities in consultation with the Department Provided, 'That the Department shall conduct a yearly inventory of all fishponds fish pens and fish cages whether in public or private lands: Provided , further, That all fishpond, fish pen and fish cage operators shall annually report to the Department the type of species and volume of production in areas devoted to aquaculture. ARTICLE IV POST-HARVEST FACILITIES ACTIVITIES AND TRADES Sec. 58. Comprehensive Post-harvest and Ancillary Industries Plan. - The Department shall conduct a regular study of fisheries post-harvest operations and ancillary industries in the formulations of a comprehensive plan for post-harvest and ancillary industries It shall take into account, among others, the following: a. detailed and clear guidelines on the distribution, construction,, maintenance and use of' post-harvest infrastructure facilities;

b. extension of credit and incentives for post-harvest operations; c. promotion and strengthening of semi-processing, processing a and handling d. development of domestic fishmeal industry e. development of fisheries ship-building and repair as a viable industry; f. development and strengthening of marketing facilities and activities, including the pricing system, with emphasis on collecting marketing and the elimination of middlemen; g. increased participation of cooperatives and nongovernment organizations in post-harvest operations and ancillary industries; and h. integration of fisheries post-harvest operations into the national fisheries plan. Sec. 59. Establishment of Post-Harvest Facilities for Fishing Communities. - The LGUs shall coordinate with the private sector and other concerned agencies and FARMCs in the establishment of post-harvest facilities for fishing communities such as, but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing establishments to serve primarily the needs of municipal fisherfolk: Provided, That such post-harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary Industries Plan. Sec. 60. Registration and Licensing of all Post-Harvest Facilities. - All post-harvest facilities such as fish processing plants, ice plants, and cold storages, fish ports/landings and other fishery business establishments must register with and be licensed by the LGUs which shall prescribe minimum standards for such facilities in consultation with the Department. Sec. 61. Importation Products. and Exportation of Fishery

a. Export of Fishery products shall be regulated whenever such exportation affects domestic food security and production: Provided, That exportation of live fish shall be prohibited except those which are hatched or propagated in accredited hatcheries and ponds. b. To protect and maintain the local biodiversity or ensure the sufficiency of domestic supply, spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be determined by the Department, shall not be exported or caused to be exported by any person; c. Fishery products may be imported only when the importation has been certified as necessary by the Department, in consultation with the FARMC, and all the requirements of this Code, as well as all existing rules and regulations have been complied with: Provided, That fish imports for canning/processing purposes only may be allowed without the necessary certification, but within the provisions of Section 61 (d) of this Code; and d. No person, shall import and/or export fishery products of whatever size, stage or form for any purpose without securing a permit from the Department. The Department in consultation with the FARMC shall promulgate rules and regulations on importation and exportation of fish and fishery/aquatic resources with the Governments export/import simplification procedures. Sec. 62. Instruments of Weights and Measures, and Quality Grades/Standards. - Standards for weights, volume and other measurements for all fishery transactions shall be set by the Department. All fish and fishery products for export, import and domestic consumption shall meet the quality grades/standards as determined by the Department.

The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful possession or use of instruments of weights and measures. CHAPTER III RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC CREATION OF FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS AND RESOURCES ARTICLE I RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES Sec. 63. Creation of the Position of Undersecretary for Fisheries and Aquatic Resources. - There is hereby created in the Department of Agriculture the position of Undersecretary for Fisheries and Aquatic Resources, solely for the purpose of attending to the needs of the fishing industry, to be appointed by the President. Such Undersecretary shall have the following functions: a. set policies and formulate standards for the effective, efficient and economical operations of the fishing industry in accordance with the programs of the government; b. exercise overall supervision over all functions and activities of all offices and instrumentalities and other offices related to fisheries including its officers; c. establish, with the assistance of the director, such regional, provincial and other fishery officers as may be necessary and appropriate and organize the internal structure of BFAR in such manner as is necessary of the efficient and effective attainment of its objectives and purposes; and d. perform such other functions as maybe necessary or proper to attain the objectives of this Code. Sec. 64. Reconstitution of the BFAR. - The Bureau of Fisheries and Aquatic Resources (BFAR) is hereby reconstituted as a line bureau under the Department of Agriculture.

Sec. 65. Functions of the Bureau of Fisheries and Aquatic Resources. - As a line bureau, the BFAR shall have the following functions: a. prepare and implement a Comprehensive National Fisheries Industry Development Plan; b. issue licenses for the operation of commercial fishing vessels; c. issue identification cards free of charge fishworkers engaged in commercial fishing; to

d. monitor and review joint fishing agreements between Filipino citizens and foreigners who conduct fishing activities in international waters, and ensure that such agreements are not contrary to Philippine commitment under international treaties and convention on fishing in the high seas; e. formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not limited to, sea farming, sea ranching, tropical/ornamental fish and seaweed culture, aimed at increasing resource productivity, improving resource use efficiency, and ensuring the long-term sustainability of the country's fishery and aquatic resources; f. establish and maintain a Comprehensive Fishery Information System; g. provide extensive development support services in all aspects of fisheries production, processing and marketing; h. provide advisory services and technical assistance on the improvement of quality of fish from the time it is caught (i.e. on board fishing vessel, at landing areas, fish markets, to the processing plants and to the distribution and marketing chain); i. coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGUs FARMCs, fishery and organizations/cooperatives;

j. advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markets and fish landing areas; k. establish a corps of specialists in collaboration with the Department of National Defense, Department of the Interior and Local Government, Department of Foreign Affairs for the efficient monitoring, control and surveillance of fishing activities within Philippine territorial waters and proved the necessary facilities, equipment and training therefor; l. implement an inspection system for import and export of fishery /aquatic products and fish processing establishments consistent with international standards to ensure product quality and safety; m. coordinate with LGUs and other concerned agencies for the establishment of productivity enhancing and market development programs in fishing communities to enable women to engage in other fisheries/economic activities and contribute significantly to development efforts; n. enforce all laws, formulate and enforce all rules and regulations governing the conservation and management of fishery resources, except in municipal waters, and to settle conflicts of resource use and allocation in consultation with the NFARMC, LGUs and local FARMCs; o. develop value-added fishery-products for domestic consumption and export; p. recommend measures for protection/enhancement of the fishery industries; the

q. assist the LGUs in developing their technical capability in the development, management, regulation, conservation, and protection of fishery resources; and r. formulate rules and regulations for the conservation and management of straddling fish stocks and highly migratory fish stocks.

s. perform such other related function which shall promote the development, conservation, management, protection and utilization of fisheries and aquatic resources. Sec. 66. Composition of BFAR. - As a line bureau, the BFAR shall be headed by a Director and assisted by two (2) Assistant Directors who shall supervise the administrative and technical services of the bureau respectively. It shall establish regional, provincial and municipal offices as may be appropriate and necessary to carry out effectively and efficiently the provisions of this Code. Sec. 67. Fisheries Inspection and Quarantine Service. For purposes of monitoring and regulating the importation and exportation of fish and fishery/aquatic resources, the Fisheries Inspection and Quarantine Service in the BFAR is hereby strengthened and shall have the following functions: a. conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or diseases shall be confiscated and disposed of in accordance with environmental standards and practices; b. implement international agreements/ commitments on bio-safety and bio-diversity as well as prevent the movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the country; c. quarantine such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases and prevent the movement of trade form and/or into the country of these products so prohibited or regulated under existing laws, rules and regulations as well as international agreements of which the Philippines is a State Party; d. examine all fish and fishery products coming into or going out of the country which may be a source or

medium of fish pests or diseases and/or regulated by existing fishery regulations and ensure that the equality of fish import and export meet international standards; and e. document and authorize the movement or trade of fish and fishery products when found free of fish pests or diseases and collect necessary fees prescribed by law and regulations. ARTICLE II. THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs) Sec. 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. - Fisherfolk and their organizations residing with in the geographical jurisdiction of the barangays, municipalities or cities with the concerned LGUs shall develop the fishery/aquatic resources in municipal waters and bays. Sec. 69. Creation of Fisheries and Aquatic Resources Management Councils (FARMCs) . - FARMCs shall be established in the national level and in all municipalities/cites abutting municipal waters as defined by this Code. The FARMCs shall be formed by fisherfolk organizations/cooperatives and NGOs in the locality and be assisted by the LGUs and other government entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and orientation on the formation of FARMCs. Sec. 70. Creation and Composition of the National Fisheries and Aquatic Resources Management Council (NFARMC). - There is hereby created a National Fisheries and Aquatic Resources Management Council hereinafter referred to as NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall be composed of fifteen (15) members consisting of:

a. the Undersecretary of Agriculture, as chairman; b. the Undersecretary of the Interior and Local Government; c. five (5) members representing the fisherfolk and fishworkers. d. five (5) members representing the commercial fishing and aquaculture operators and the processing sectors; e. two (2) members from the academe; and f. one (1) representative of NGO involved in fisheries Sec. 71. Terms of Office. - The members of the NFARMC, except for the Undersecretary of Agriculture and the Undersecretary of the Interior and local Government, shall serve for a term of three (3) years without reappointment. Sec. 72. Functions of the NFARMC. - The NFARMC shall have the following functions: a. assist in the formulation of national policies for the protection, sustainable development and management of fishery and aquatic resources for the approval of the Secretary; b. assist the Department in the preparation of the National Fisheries and Industry Development Plan; and c. perform such other functions as may be provided by law. Sec. 73. The Municipal/City Fisheries and Aquatic Resources Management Councils (M/CFARMCs). - The M/CFARMCs shall be created in each of the municipalities and cities abutting municipal waters. However, the LGU may create the Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs) and the Lake-wide Fisheries and Aquatic Resources Management Councils (LFARMCs whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory capacity to the LGUs. Sec. 74. Functions of the M/CFARMCs. - The M/CFARMCs shall exercise the following functions:

a. assist in the preparation of the Municipal Fishery Development Plan and submit such plant to the Municipal Development Council; b. recommend the enactment of municipal fishery ordinances to the sangguniang bayan/sangguniang panlungsod through its Committee on Fisheries; c. assist in the enforcement of fishery laws, rules and regulations municipal waters; d. advise the sangguniang Mayan/panlungsod on fishery matters thru its Committee on Fisheries, if such as been organized; and e. perform such other functions which may be assigned by the sangguniang Mayan/panlungsod.

Sec. 75. Composition of the M/CFARMC. - The regular member of the M/CFARMCs shall be composed of: a. Municipal/City Planning Development Officer; b. Chairperson, Agriculture/Fishery Committee of the Sanggunian Bayan/Panlungsod; c. representative of the Municipal/City Development Council; d. representative from the accredited non-government organization; e. representative from the private sector; f. representative from the Department of Agriculture; and g. at least eleven (11) fisherfolk representatives seven (7) municipal fisherfolk, one (1) fishworker and three (3) commercial fishers) in each municipality/city which include representative from youth and women sector. The Council shall adopt rules and regulations necessary to govern its proceedings and election. Sec. 76. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs). - The FARMCs shall be created in bays, gulfs, lakes and rivers and dams bounded by two (2) or more municipalities/cities.

Sec. 77. Functions of the IFARMCs. - The IFARMC shall have the following functions: a. assist in the preparation of the Integrated Fishery Development Plan and submit such plan to the concerned Municipal Development Councils; b. recommend the enactment of integrated fishery ordinances to the concerned sangguniang bayan/panlungsod through its Committee on Fisheries, if such as been organized; c. assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters; d. advice the concerned sangguniang bayan/panlungsod on fishery matters thru its Committee on Fisheries, if such has been organized; and e. perform such other functions which may be assigned by the concerned sangguniang bayan/panlungsod. Sec. 78. Composition of the IFARMCs. - The regular members of the IFARMCs shall be composed of the following: a. the chairperson of the Committee on Agriculture/Fisheries of the concerned sangguniang bayan/panlungsod; b. the Municipal/City Fisheries concerned municipalities/cities; Officers of the

c. the Municipal/City Development Officers of the concerned municipalities/cities; d. one (1) representative from NGO; e. one (1) representative from private sector; and f. at least nine (9) representatives fro the fisherfolk sector which include representatives from the youth and women sector.

The Council shall adopt rules and regulations necessary to govern its proceedings and election. Sec. 79. Source of Funds of the FARMCs . - A separate fund for the NFARMC, IFARMCs and M/CFARMCs shall be established and administered by the Department from the regular annual budgetary appropriations. CHAPTER IV FISHERY RESERVES, REFUGE AND SANCTUARIES Sec. 80. Fishing Areas Reserves for Exclusive Use of Government. - The Department may designate area or areas in Philippine waters beyond fifteen (15) kilometers from shoreline as fishery reservation for the exclusive use of the government or any of its political subdivisions, agencies or instrumentalities, for propagation, educational, research and scientific purposes: Provided, That in municipalities or cities, the concerned LGUs in consultation with the FARMCs may recommend to the Department that portion of the municipal waters be declared as fishery reserves for special or limited use, for educational, research, and/or special management purposes. The FARMCs may recommend to the Department portions of the municipal waters which can be declared as fisheries reserves for special or limited use for educational, research and special management purposes. Sec. 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge and sanctuaries to be administered in the manner to be prescribed by the BFAR at least twenty-five percent (25%), but not more than forty percent (40%) of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Within these areas not commercial fishing shall be allowed. All marine fishery reserves, fish sanctuaries and mangrove swamp reservations already declared or proclaimed by the President or legislated by the Congress of the Philippines shall be continuously administered and supervised by the concerned agency: Provide, however, That in municipal

waters, the concerned LGU in consultation with the FARMCs may establish fishery refuge and sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries: Provided, further, That at least fifteen percent (15%) where applicable of the total coastal areas in the municipality shall be identified, based on the best available scientific data and in consultation with the Department, and automatically designated as fish sanctuaries by the LGUs in consultation with the concerned FARMCs. CHAPTER V FISHERIES RESEARCH AND DEVELOPMENT Sec. 82. Creation of a National Fisheries Research and Development Institute (NFRDI). - In recognition of the important role of fisheries research in the development, management, conservation and protection of the country's fisheries and aquatic resources, there is hereby created a National Fisheries Research and Development Institute (NFRDI). The Institute shall form part of the National Research and Development Network of the Department of Science and Technology (DOST). The Institute, which shall be attached to the Department, shall serve as the primary research arm of the BFAR. The overall governance of the Institute shall be vested in the Governing Board which shall formulate policy guidelines for its operation. The plans, programs and operational budget shall be passed by the Board. The Board may create such committees as it may deem necessary for the proper and effective performance of its functions. The composition of the Governing Board shall be as follows: a. Undersecretary for Fisheries - Chairman b. BFAR Director Vice Chairman c. NFRDI Executive Director Member d. PCAMRD Director General Member e. Representative from the academe - Member

f. four (4) representatives from the private sector who shall come from the following sub sectors: - Members * Municipal Fisherfolk * Commercial Fishing Operator * Aquaculture Operator * Post-Harvest/Processor The NFRDI shall have a separate budget specific to its manpower requirements and operations to ensure the independent and objective implementation of its research activities. Sec. 83. Qualification Standard. - The Institute shall be headed by an Executive Director to be appointed by the President of the Philippines upon the recommendation of the governing board. The Executive Director shall hod a Doctorate degree in fisheries and/or other related disciplines. The organizational structure and staffing pattern shall be approved by the Department: Provided, however, That the staffing pattern and renumerations for scientific and technical staff shall be based on the qualification standards for science and technology personnel. Sec. 84. Research and Development Objectives. Researches to be done by the NFRDI are expected to result in the following: a. To raise the income of the fisherfolk and to elevate the Philippines among the top five (5) in the world ranking in the fish productions; b. to make the country's fishing industry in the high seas competitive;; c. to conduct social research on fisherfolk families for a better understanding of their conditions and needs; and d. to coordinate with the fisheries schools, LGUs and private sectors regarding the maximum utilizations of available technology, including the transfer of such technology to the industry particularly the fisherfolk.

Sec. 85. Functions of the NFRDI. - As a national institute, the NFRDI shall have the following functions: a. establish a national infrastructure unit complete with technologically-advanced features and modern scientific equipment, which shall facilitate, monitor, and implement various research need and activities of the fisheries sector; b. provide a venue for intensive training and development of human resources in the field of fisheries; a repository of all fisheries researches and scientific information; c. provide intensive training and development of human resources in the field of fisheries for the maximum utilizations of available technology; d. hasten the realization of the economic potential of the fisheries sector by maximizing developmental research efforts in accordance with the requirements of the national fisheries conservation and development programs, also possibly through collaborative effort with international institutions; e. formally establish, strengthen and expand the network of fisheries-researching communities through effective communication linkages nationwide. CHAPTER VI PROHIBITIONS AND PENALTIES Sec. 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.. - No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit. Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed.

It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may herein-after be declared as over exploited Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic revocation of license. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five hundred pesos (P5,000.00). Sec. 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing in Philippine waters. Violation of the above shall be punished by a fine of One Hundred Thousand U.S. Dollar (US$100,000.00), in addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose an administrative fine of not less than Fifty Thousand U.S. Dollar (US$50,000.00), but not more than Two Hundred Thousand U.S. Dollar (US$200,000.00) or its equivalent in the Philippine Currency. Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. - (1) It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in Philippine waters with the use of

electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species: Provided, That the Department, subject to safeguards and conditions deemed necessary and endorsement from the concerned LGUs, may allow, for research, educational or scientific purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact in neighboring waters and grounds shall not be construed as illegal fishing. It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered. The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute prima facie evidence, that the same was used for fishing in violation of this Code. The discovery in any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof. (2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2) years. (3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to the

filing of separate criminal cases when the use of the same result to physical injury or loss of human life. (4) Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by imprisonment ranging from six (6) months to two (2) years. (5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices, as well as the fishing vessels, fishing equipment and catch shall be forfeited. Sec. 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using nets with mesh smaller than that with which may be fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature to be identified in the implementing rules and regulations by the Department. Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment form six (6) months to tow (2) years or both such fine and imprisonment at the discretion of the court: Provided, That the owner/operator of the commercial fishing vessel who violates this provisions shall be subjected to the same penalties provided herein: Provided, finally, That the Department is hereby empowered to impose upon the offender an administrative fine and/or cancel his permit or license or both. Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. - It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Violators of the above prohibitions shall suffer the following penalties:

(1) The boat captain and master fisherman of the vessels who participated in the violation shall suffer the penalty of imprisonment from two (2) years to six (6) years; (2) The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) upon the discretion of the court. Sec. 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful for any person or corporation to gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or in processed form, except for scientific or research purposes. Violations of this provision shall be punished by imprisonment form six (6) months to two (2) years and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00), or both such fine and imprisonment, at the discretion of the court, and forfeiture of the subject corals, including the vessel and its proper disposition. The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or scientific purposes or disposed through other means. Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. It shall be unlawful for any person, natural or juridical, to fish with gear method that destroy coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department. "Muro-Ami" and any of its variation, and such similar gear and methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish and other fishery species are also prohibited. The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who violate this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00) to Five

hundred thousand pesos (P500,000.00) or both such fine and imprisonment, at the discretion of the court. The catch and gear used shall be confiscated. It is likewise unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and other substances which make up any marine habitat. The person or corporation who violates this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment and a fine of not less that One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (5000,000.00) or both such fine and imprisonment, at the discretion of the court. The Substance taken from its marine habitat shall be confiscated. Sec. 93. Illegal Use of Superlights. - It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in violation of the rules and regulations which may be promulgated by the Department on the use of superlights outside municipal waters. Violations of this provision shall be punished by imprisonment form six (6) months to two (2) years or a fine of Five thousand pesos (P5,000.00) per superlight, or both such fine and imprisonment at the discretion of the courts. The superlight, fishing gears and vessel shall be confiscated. Sec. 94. Conversion of Mangroves. - It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes. Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00): Provided, That if the area requires rehabilitation or restoration as determined by the court, the offender should also be required to restore or compensate for the restoration of the damage.

Sec. 95. Fishing in Overfished Area and During Closed Season. - It shall be unlawful to fish in overfished area and during closed season Violation of the provision of this section shall be published by imprisonment of six (6) moths and one (1) day to six (6) years and/or fine of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or license. Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries. Violation of the provision of the is section shall be punished by imprisonment of two (2) years to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of fishing permit or license. Sec. 97. Fishing or Taking of Rare, Threatened or Endangered Species. - It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CITES and as determined by the Department. Violation of the provision of this section shall be published by imprisonment of twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos (120,000.00) and forfeiture of the catch, and the cancellation of fishing permit. Sec. 98. Capture of Sabalo and Other Breeders/Spawners. - It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or spawners of other fishery species as may be determined by the Department: Provided, That catching of sabalo and other breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the Department.

Violation of the provision of this section shall be punished by imprisonment of six (six) months and one (1) day to eight (8) years and/or a fine of Eighty Thousand Pesos (P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation of license. Sec. 99. Exportation of Breeders, Spawners, Eggs or Fry. - Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall be punished by imprisonment of eight (8) years, confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit. Sec. 100. Importation or Exportation of Fish or Fishery Species.. - Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight years of imprisonment, a fine of Eighty Thousand Pesos (80,000.00) and destruction of live fishery species or forfeiture of non-lived fishery species in favor of the department for its proper disposition: Provided, That violator of hits provision shall be banned from being members or stock holders of companies currently engaged in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by the Department. Sec. 101. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in violation of catch ceilings as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) months and one (1) day to six (6) years and/or a fine of Fifty Thousand Pesos (P50,000.00) and forfeiture of the catch, and fishing equipment used and revocation of license. Sec. 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful. Violation of the provision of this punished by imprisonment of six (6) day to twelve (12) years and/or thousand pesos (80,000.00) plus an section shall be years and one (1) a fine of Eighty additional fine of

Eight thousand pesos (8,000.00) per day until such violation ceases and the fines paid. Sec. 103. Other violations. - The following fisheries activities shall also be considered as a violation of this Code: a. Failure to Comply with Minimum Safety Standards. 0 The owner and captain of a commercial fishing vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with the safety standards provided in this Code, shall be immediately prevented from continuing with his fishing activity and escorted to the nearest port or landing point. The license to operate the commercial fishing vessel shall be suspended until the safety standard has been complied with. b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. - The FLA of the holder who fails to render a yearly report shall be immediately canceled: Provided, That if the offender be the owner of the fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) fist offense, a fine of Five hundred pesos (P500.00) per unreported hectare; (2) subsequent offenses, a fine of One thousand pesos (P1,000.00) per unreported hectare. c. Gathering and Marketing of Shell Fishes - It shall be unlawful for any person to take, sell, transfer, or have in possession for any purpose any shell fish which is sexually mature or below the minimum size or above the maximum quantities prescribed for the particular species. d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay. - It shall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide. e. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages. - It shall be unlawful to construct and operate fish corrals/traps, fish pens, and fish cages without a license/permit.

Subject to the provision of subparagraph (b) of this section, violation of the above enumerated prohibited acts shall subject the offender to a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from one (1) month and one (1) day to six (6) months, or both such fine and imprisonment, upon the discretion of the Court: Provided , That the Secretary is hereby empowered to impose upon the offender an administrative fine of not more than Ten thousand pesos (P10,000.00) or to cancel his permit or license, or to impose such fine and to cancel his permit or license, in the discretion of the Secretary: Provided further , That the Secretary, or his duly authorized representative, and law enforcement agents are hereby empowered to impound with the assistance of the Philippine Coast Guard, PNP-Maritime Command: Provided, finally , That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such inspection and/or movement is authorized under this Code, shall be subject to a fine of not more than Ten thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, upon the discretion of the Court. Every penalty imposed for the commission of an offense shall carry with it the forfeiture of the proceeds of such offense and the instruments or tools with which it was committed. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. SEC 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. - The owner/operator of a commercial fishing vessel employing unlicensed fisherfolk or fishworker shall be fined Five hundred pesos (P500.00) each for every month that the same has been employed and/or One thousand pesos (P1,000.00) for every month for each unlicensed crew member who has been employed.

SEC 105. Obstruction of Defined Migration Paths. Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but not limited to river mouths and estuaries within a distance determined by the concerned FARMCs shall be punished by imprisonment of seven (7) years to twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) or both imprisonment and fine at the discretion of the court, and cancellation of permit/license, if any, and dismantling of obstruction shall be at his own expense and confiscation of same. SEC 106. Obstruction to Fishery Law Enforcement Officer. -- The boat owner, master or operator or any person acting on his behalf of any fishing vessel who evades, obstructs or hinders any fishery law enforcement officer of the Department to perform his duty, shall be fined ten thousand pesos (P10,000.00). In addition, the registration, permit and/or license of the vessel including the license of the master fisherman shall be canceled. SEC 107. Promulgation of Administrative Orders. - For purposes of fishery regulation or other fishery adjustments, the Department in consultation with the LGUs and local FARMCs, shall issue Fishery Administrative Orders or regulations for the conservation, preservation, management and sustainable development of fishery and aquatic resources. CHAPTER VII. GENERAL PROVISIONS SEC 108. Fisherfolk Settlement Areas. - The Department shall establish and create fisherfolk settlement areas in coordination with concerned agencies of the government, where certain areas of the public domain, specifically near the fishing grounds, shall be construed to vest ownership of any resettlement area to a municipal fisherfolk for whom

said areas may have been reserved for or had been actually granted to. SEC 109. Municipal Fisheries Grant Fund. - For the development, management and conservation of the municipal resources, there is hereby created a Fishery Grant Fund to finance fishery projects of the LGUs primarily for the upliftment of the municipal fisherfolk. The amount of One hundred million pesos (P100,000,000.00) is hereby appropriated out of the Departments allocation in the General Appropriations Act (GAA) to support the Grant Fund. For this purpose, the Department may seek financial assistance from any source and may receive any donations therefore. Sec. 11O. Fishery Loan and Guarantee Fund. Pursuant to Section 7, Article XIII of the Constitution, there is hereby created a Fishery Loan and Guarantee Fund with an initial of One hundred million pesos (P100,000,000.00), which shall be administered by the Land Bank of the Philippines. The fund shall be made available for lending to qualified borrowers to finance the development of the fishery industry under a program to be prescribed by the Department. For the same purpose, the Department may seek financial assistance from any source and may receive any donation therefrom. Sec.111. Fishing Vessels Development Fund. - There is hereby created a Fishing Vessels Development Fund to enhance the building and/or acquisition of fishing vessels. This shall be a long-term facility that shall be administered by the Development Bank of the Philippines. The amount of Two hundred and fifty million pesos (P250,000,000.00) per year for five (5) years is hereby appropriated out of the Department's allocation in the GAA to support this Development Fund. SEC 112. Special Fisheries Science and Approfishtech Fund. - The Department shall provide subsidy for full technical and financial support to the development of appropriate technology, both in fishery and ancillary

industries, that are ecologically sound, locally sourcebased and labor intensive, based on the requirement and needs of the FARMCs. An initial amount of One hundred million pesos (P100,000,000.00) shall be authorized for the purpose of a Special fisheries Science and Approfishtech Fund, and thereafter shall be included in the GAA. SEC 113. Aquaculture Investment Fund. - An Aquaculture Investment Fund in the minimum amount of Fifty million pesos (P50,000,000.00) shall be established for soft loans which shall be extended to municipal fisherfolk and their organization who will engage in aquaculture, and for the development of underdeveloped or underutilized fishponds. SEC 114. Other Fisheries Financing Facilities. -- In addition to fisheries credit guarantee, grant and other similar facilities granted under this Code, qualified Filipino fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under existing and/or new laws, specially as to rural credit, with preference being given to fisheries cooperatives. SEC 115. Professionalization of Fisheries Graduates. There is hereby created a Fisheries Board of Examiners in the Professional Regulation Commission to upgrade the Fisheries Profession: Provided, however , That those who have passed the Civil Service Examination for Fisheries shall automatically be granted eligibility by the Fisheries Board of Examiners: Provided, further , That they have served the industry in either public or private capacity for not less than five (5) years: Provided, finally , That the first Board Examination for B.S. Fisheries Graduates shall be conducted within one (1) year from the approval of this Code. SEC 116. Upgrading of State Fisheries Schools/Colleges. - The Department, in coordination with the Commission on Higher Education (CHED), Department of Education, Culture and Sports (DECS), and Technical Education and Skills Development Authority (TESDA), shall upgrade State Fisheries

Schools/Colleges which provide both formal and nonformal education; Provided, however , That the CHED shall incorporate Approfishtech in the curricula of fisheries schools/colleges. The Department and the CHED shall jointly formulate standards to upgrade all fisheries schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall be closed. SEC 117. Inclusion of Fisheries Conservation Subjects in School Curriculum. -- Fisheries conservation subjects shall be incorporated in the curricula of elementary and secondary schools both private and public. SEC 118. Educational campaign at all levels. - The Department, the CHED, the DECS and the Philippine Information Agency shall launch and pursue a nationwide educational campaign to: a. help realize the policies provisions of this Code; and implement the

b. promote the development, management, conservation and proper use of the environment; c. promote the principle of sustainable development; and d. promote the development of truly Filipino-oriented fishing and ancillary industries. Sec. 119. Infrastructure Support. - The Department in cooperation with concerned agencies shall: a. prepare and implement a nationwide plan for the development of municipal fishing ports and markets; b. prioritize the construction of farm-to-market roads linking the fisheries production sites, coastal landing points and other post-harvest facilities to major market and arterial roads/highways; c. identify community infrastructure facilities such as fish landing ports, ice plant and cold storage facilities in consultation with fishery cooperatives/associations and prepare plans and designs for their construction

that would be consistent with international environmental standards and occupational safety in sanitation and environmental impact; d. establish and maintain quality laboratories in major fish ports and prescribe the highest standards for the operation and maintenance of such post-harvest facilities; e. arrange and make representations with appropriate funding institutions to finance such facilities for the use of the fishery cooperatives/associations; f. develop and strengthen marketing facilities and promote cooperative marketing systems; and g. promote and strengthen local fisheries ship-building and repair industry. Sec. 120. Extension Services. - The Department shall develop cost-effective, practical and efficient extension services on a sustained basis, in addition to those provided by state educational institutions, especially to municipal fisherfolk in underdeveloped areas, utilizing practicable and indigenous resources and government agencies available, and based upon a system of self-reliance and self-help. Sec. 121. Protection of Sensitive Technical Information. - The Department shall take such measures as may be necessary in order to protect trade, industrial and policy information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs, manufactures and researchers, when disclosure of such information will injure the competitiveness or viability of domestic fisheries. Sec. 122. Assistance in Collecting Information. - The Department, in coordination with other government entities concerned, may require Filipino representatives abroad and foreign-based personnel to assist in the collection of fisheries data and information.

Sec. 123. Charting of Navigational Lanes and Delineation of Municipal Waters. - The Department shall authors the National Mapping and |Resource Information Authority (NAMRIA) for the designation and charting of navigational lanes in fishery areas and delineation of municipal waters. The Philippine coast Guard shall exercise control and supervision over such designated navigational lanes. Sec. 124. Persons and Deputies Authorized to Enforce this Code and Other Fishery Laws, Rules and Regulations. - The law enforcement officers of the Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNP-Marine Command, law enforcement officers of the LGUs and other government enforcement agencies, are hereby authorized to enforce this Code and other fishery laws, rules and regulations. Other competent government officials and employees, punong barangays and officers and members of fisherfolk associations who have undergone training on law enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement of this Code and other fishery laws, rules and regulations. Sec. 125. Strengthening Prosecution and Conviction of Violators of Fishery Laws. - The Department of Justice (DOJ) shall embark on a program to strengthen the prosecution and conviction aspects of fishery law enforcement though augmentation of the current complement of state prosecutors and through their continuous training and reorientation on fishery laws, rules and regulations. Sec. 126. Foreign Grants and Aids. - All foreign grants, aids, exchange programs, loans, researches and the like shall be evaluated and regulated by the Department to ensure that such are consistent with the Filipinization, democratization and industrialization of fishing industry and the development of the entire country. Sec. 127. Mandatory Review. - The Congress of the Philippines shall undertake a mandatory review of this

Code at least once every five (5) years and as often as it may deem necessary, to ensure that fisheries policies and guidelines remain responsive to changing circumstances. CHAPTER VIII. TRANSITORY PROVISIONS Sec. 127. Mandatory Review. - The Congress of the Philippines shall undertake a mandatory review of this Code at least once every five (5) years and as often as it may deem necessary, to ensure that fisheries policies and guidelines remain responsive to changing circumstances. Sec. 128. Moratoria. - The Department shall, upon the recommendation of the Bureau, have the power to declare a moratorium on the issuance of licenses for commercial fishing vessels to operate in specified area or areas in Philippine waters for a limited period of time if there are indications of overfishing brought about by a decrease in the volume and sizes of fish caught therein or for conservation or ecological purposes. No new licenses and similar privileges on exploitation of specific fisheries areas in Philippine waters and aquaculture production areas shall be issued in accordance with this Code. Such moratoria shall not exceed five (5) years from the effectivity of this Code. Sec. 129. Formulation of Implementing Rules and Regulations. - An Inter-agency Committee is hereby created to formulate rules and regulations for the full implementation of this Code within ninety (90) days of its effectivity: Provided, however, That the formulated rules and regulations shall take effect upon publication in a newspaper of general circulation. The Inter-agency Committee shall be composed of the following: a. Secretary of Agriculture as Chairman b. Secretary of the Interior and Local Government c. Secretary of Environment and Natural Resources

d. Secretary of Justice e. Secretary of Finance f. Secretary of Budget and Management g. Secretary of Labor and Employment h. Secretary of of National Defense i. Commissioner of Civil Service Commission j. Director of BFAR k. Executive Director of PCAMRD l. General Manager of PFDA n. One (1) representative from each of the following: a.1. The League of Provinces a.2. The League of Cities a.3. The League of Municipalities a.4. The Liga ng mga Barangay o. Representative of the municipal fisherfolk p. Representative of the commercial fishers q. Representative of the non-government organizations involved in fishing concerns p. A representative from the academe coming from the specialized fisheries institution. CHAPTER IX FINAL PROVISIONS Sec. 130. Appropriation. - The sum necessary to effectively carry out the provisions of this ACT during the first year of implementation shall be sourced from the budget of the DA/BFAR and other agencies performing fisheries-related functions: Provided, however, That such amount as may be necessary to carry out the provisions of Sections 79, 109, 110, 111, 112, 113 are hereby appropriated out of the unappropriated funds of the National Treasury. The Congress of the Philippines shall provide for the appropriations of the Department, the NFRDI and the Fisheries Scholarship Program for the succeeding years to be included in the annual GAA. Sec. 131. Repealing Clause. - Presidential Decree No. 704, as amended by Presidential Decree Nos. 1015 and 1058, Presidential Decree No. 977, as amended, Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987, Executive Order No. 292, Series of 1987, E.O. No. 473, Series of 1991 and

other existing laws except RA 7611, decrees executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code, are hereby repealed or modified accordingly. Sec. 132. Separability Clause. - If any portion or provision of this Code is declared unconstitutional or invalid, the other portions or provisions hereof, which are not affected thereby, shall continue in full force and effect. Sec. 133. Effectivity. - This Code shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general publication. Approved: 25 February 1998.
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