This document discusses several key environmental laws in the Philippines and United States:
- The Ecological Solid Waste Management Act (RA 9003) establishes an ecological solid waste management program and prohibits certain acts related to waste disposal.
- The Philippine Clean Air Act (RA 8749) aims to reduce air pollution from vehicles, factories, and other sources. However, some provisions have not been fully implemented.
- The Clean Water Act (RA 9275) establishes a comprehensive water quality management program, including creation of water quality management areas.
- US laws like RCRA, HSWA, and CERCLA/Superfund address hazardous waste management and cleanup of contaminated sites. These laws focus
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R.A. 8749 Philippine Clean Air Act of 1999
This document discusses several key environmental laws in the Philippines and United States:
- The Ecological Solid Waste Management Act (RA 9003) establishes an ecological solid waste management program and prohibits certain acts related to waste disposal.
- The Philippine Clean Air Act (RA 8749) aims to reduce air pollution from vehicles, factories, and other sources. However, some provisions have not been fully implemented.
- The Clean Water Act (RA 9275) establishes a comprehensive water quality management program, including creation of water quality management areas.
- US laws like RCRA, HSWA, and CERCLA/Superfund address hazardous waste management and cleanup of contaminated sites. These laws focus
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The Ecological Solid Waste Management to 0.
5 percent by volume which
Act (RA 9003) according to Senator Alvarez is way off -An act providing for an ecological solid the Acts standard and violated some waste management program, creating provisions of the law because congress the necessary institutional mechanisms. has the exclusive power to amend the Declaring certain prohibited acts. law. And worse, the relaxed the emission standards indefinitely, setting our anti- R.A. 8749 pollution program several steps Philippine Clean Air Act of 1999 backwards. But what is worst to me is that during emission testing, technician The Clean Air Act was envisioned to fight in testing center can easily manipulate air pollution by : (1) Reducing emissions the results of the test by simply making from motor vehicles (which account for adjustment on the engine. And this had 80 percent of the air pollution) from been the practice by most emission factories and power plants (which testing center here in Davao, and I have account for the remaining 20 percent); been a witness to this kind of practice (2) Improving fuel quality to reduce or being an owner of a private vehicle. eliminate lead in gasoline and sulfur in diesel; (3) Reducing traffic congestion In the same column, according to and improving traffic flow; (4) Senator Alvarez that many may not know Strengthening quality monitoring, but since May 25, 2001, the Clean Air Act evaluation and reporting through hi-tech calls for a nationwide ban on smoking but equipment; and (5) Preventing other this has not been thoroughly sources of pollution such as incinerators, implemented. Long time exposure to garbage burning and smoking. direct and side stream tobacco smoke has been a leading cause of lung cancer Studies show that air in Metro Manila is and mouth cancer worldwide. In Davao no longer in safe. Worsening air pollution City, an ordinance was passed and was has caused more than 10,000 excess enacted into law, prohibiting smoking cases of acute bronchitis, almost 300 inside public buildings, enclosed places excess cases of asthma and nine excess including public vehicles and other cases of chronic bronchitis. At home, I means of transportation, any enclosed usually drink 500mg of ascorbic acid but area outside private residences or private if I have scheduled traveled to Manila, I workplaces; and any duly designated would always drink 1000mg of ascorbic enclosed area is strictly prohibited. The acid just to keep myself healthy and initial implementation of the law was strengthen my immune system. very good but it soften when certain personalities (a congressman and IBP In an article written by former Senator president) were caught smoking. In one Alvarez, DENR destroys spirit and intent daily newspaper Ive read, a picture of a of Clean Air Act, he mentioned that motor lawmaker smoking inside the session vehicles being registered must not hall, with the caption, A LAWMAKER a exceed the 0.5 percent carbon dioxide LAWBREAKER. emission to pass the emission test. This was based on Euro 1 levels of 1991, a How could we expect full and strict and globally accepted emission standards. implementation of the law when those But the DENR through Department who crafted and implemented it were the Administrative order no. 51 dated ones breaking the law. But I am still October 2003, lowered the Acts hoping that as we celebrate the Clean Air allowable carbon monoxide emission Month this November, correct from the Euro1 standard of 0.35 percent implementation of the Act would be in the proper means of disposing garbage in full swing. accordance with Republic Act 9003 or the Ecological Management Law. R.A. 9003 To address this problem, I think education ECOLOGICAL SOLID WASTE drive and a budget to teach residents MANAGEMENT ACT OF 2000 about segregation would be needed. But even if the public will be educated , the The Ecological Solid Waste Management next problem would be sourcing the Act of 2000 (Republic Act 9003) passed money to buy the trash cans and colored in January 2000 was enacted largely in plastic needed for the dumping of the response to the growing scarcity of segregated waste and it seems that with disposal sites, particularly in Metro the worsening economic crisis and Manila, which resulted in the garbage unemployment, it is highly likely that the crisis in the region. The law emphasizes trash cans which would be provided for solid waste avoidance and volume segregated garbage would be stolen and reduction through source reduction and sold. Barangay officials should campaign waste minimization measures, with the for the adoption of segregation among protection of public health and the households within their neighborhood. environment as the primary goal. The "heart and soul" of RA 9003 is Solid waste management whose mobilizing barangay officers and their importance is directly related to public constituents to make recovery facilities health, resource management and or areas for recycling household waste. utilization, and maintaining a clean environment, is necessary in ensuring human development. Solid waste R.A. 9275 management benefits the population in Philippine Clean Water Act many ways. Republic Act 9275 is an act providing for A study made in Davao City indicates a comprehensive water quality that waste segregation at the household management. It primarily attempts to level is not widely practiced and waste harmonize economic growth and recycling is minimal. Past efforts to environmental concern on water. promote waste segregation at source have failed despite the issuance of city The general approach is creation of water ordinances providing for sanctions and quality management areas (WQMA) by penalties for non-compliance. Some the Department of Environment and reasons that have been cited for the non- Natural Resources (DENR) using compliance include: indifference of local physiographic units such as watershed, residents to participate in community river basins or water resources regions. waste management-related activities, The Act directs the Department of Public local government collection services Works and Highways (DPWH) and its non-allowance for segregated waste attached agencies to prepare a national collection, residents attitude that program on sewerage and septage government has the sole responsibility management and the Department of over garbage management and lack of Health (DOH) to formulate guidelines and information and education campaigns. standards for the collection, treatment The City Government admitted that they and disposal of sewage including failed to focus on solid waste guidelines for the establishment and management concerns and had difficulty operation of centralized sewage enforcing the policy due to lack of budget treatment system. Further, the DENR and resources to educate the public on shall establish standards for each significant wastewater parameter per RCRA enabled EPA to address industry sector and implement a environmental problems that could result wastewater charge system in all from underground tanks storing management areas through the petroleum and other hazardous collection of wastewater charges/fees. substances. The system shall be established on the HSWA - the Federal Hazardous and Solid basis of payment to the government for Waste Amendments - are the 1984 discharging wastewater into the water amendments to RCRA that focused on bodies. waste minimization and phasing out land disposal of hazardous waste as well as The creation of WQMAs may be a holistic corrective action for releases. Some of approach to water body management. the other mandates of this law include However, this involves serious increased enforcement authority for EPA, coordination work and requires a big more stringent hazardous waste budget. On the other hand, since the management standards, and a sewerage and septage management is comprehensive underground storage included, this is an indicator that the tank program. government is giving importance to this environmental aspect which has been The Superfund Amendments and taken for granted for years. Reauthorization Act (SARA) The Superfund Amendments and With regards to charges and penalties, it Reauthorization Act (SARA) amended follows the polluter pays principle, the Comprehensive Environmental which basically means that the more you Response, Compensation, and Liability pollute, the more you pay to the Act (CERCLA) on October 17, 1986. SARA government. Though this may be a reflected EPA's experience in better approach, there would also be a administering the complex Superfund tendency that industries would pass on program during its first six years and the charges to their consumers through made several important changes and increase in the prices of their products. additions to the program. SARA: Nevertheless, the incentives lined up in stressed the importance of permanent the Act may also serve as come-on to remedies and innovative treatment industries to adhere to a cleaner and technologies in cleaning up hazardous environment-friendly production process. waste sites; required Superfund actions to consider the standards and requirements found in Lastly, because the approach is holistic other State and Federal environmental and comprehensive, it is important that laws and regulations; there is a strong linkage and funding provided new enforcement authorities mechanism. and settlement tools; increased State involvement in every RCRA phase of the Superfund program; The Resource Conservation and Recovery increased the focus on human health Act (RCRA) gives EPA the authority to problems posed by hazardous waste control hazardous waste from the sites; "cradle-to-grave." This includes the encouraged greater citizen participation generation, transportation, treatment, in making decisions on how sites should storage, and disposal of hazardous be cleaned up; and waste. RCRA also set forth a framework increased the size of the trust fund to for the management of non-hazardous $8.5 billion. solid wastes. The 1986 amendments to SARA also required EPA to revise identified or located, or when they fail to the Hazard Ranking System (HRS) to act. Through various enforcement tools, ensure that it accurately assessed the EPA obtains private party cleanup relative degree of risk to human health through orders, consent decrees, and and the environment posed by other small party settlements. EPA also uncontrolled hazardous waste sites that recovers costs from financially viable may be placed on the National Priorities individuals and companies once a List (NPL). response action has been completed. Summary of the Comprehensive EPA is authorized to implement the Act in Environmental Response, Compensation, all 50 states and U.S. territories. and Liability Act (Superfund) Superfund site identification, monitoring, 42 U.S.C. 9601 et seq. (1980) and response activities in states are The Comprehensive Environmental coordinated through the state Response, Compensation, and Liability environmental protection or waste Act -- otherwise known as CERCLA or management agencies. Superfund -- provides a Federal The Superfund Amendments and "Superfund" to clean up uncontrolled or Reauthorization Act (SARA) of 1986 abandoned hazardous-waste sites as well reauthorized CERCLA to continue cleanup as accidents, spills, and other emergency activities around the country. Several releases of pollutants and contaminants site-specific amendments, definitions into the environment. Through CERCLA, clarifications, and technical requirements EPA was given power to seek out those were added to the legislation, including parties responsible for any release and additional enforcement authorities. Also, assure their cooperation in the cleanup. Title III of SARA authorized EPA cleans up orphan sites when the Emergency Planning and Community potentially responsible parties cannot be Right-to-Know Act (EPCRA).
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