Republic Act No.

8749 June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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."

Section 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 area-
based.

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.

Section 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.

Section 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 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.

Article Two
Definition of Terms

Section 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 and radio-
active substances;

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" mean the concentration of air over specified periods
classified as short-term and 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, 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 atmosphere's 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 the Department of Environment and Natural Resources;

g) "Eco-profile" means the geographic-based instrument for planners and decision-makers

which present an evaluation of the environmental quality and carrying capacity of an area. It
is the result of the integration of 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 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" mean those gases that can potentially or can reasonably be expected
to induce global warming, which include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;

j) "Hazardous substances" mean 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) longterm toxicity upon repeated
exposure, carcinogenicity (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 within a specific
locality;

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

Section 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 Department’s 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.

Section 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.

Section 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 LGU’s, 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.

Section 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 people’s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector.

The Board shall perform the following functions:

a) Formulation of policies;

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.

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.

Section 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
welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local
government authorities, nongovernment organizations (NGOs), people’s 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.

Section 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.

Section 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:

Short Term a Long Term b

Pollutants µg/Ncm ppm Averaging µg/Ncm ppm Averaging
Time Time
Suspended Particulate
Matterc -TSP 230d 24 hours 90 ---- 1 yeare
-PM-10 150f 24 hours 60 ---- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours ---- ---- ----
Photochemical 140 0.07 1 hour ---- ---- ----
Oxidants
As Ozone 60 0.03 8 hours ---- ---- ----
Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----
10 mg/Ncm 9 8 hours ---- ---- ----
Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 year

aMaximum limits represented by ninety-eight percentile (98%) values not to be

exceed more than once a year.

b
Arithmetic mean

cSO2 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

fProvisional 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 Averaging Method of Analysis/

time (min.) Measurement3
µ/Ncm ppm
 1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol

2. Carbon Disulfide 30 0.01 30 Tischer Method

3. Chlorine and 100 0.03 5 Methyl Orange
Chlorine
Compounds
expressed as Cl2

4. Formaldehyde 50 0.04 30 Chromotropic acid Method or

MBTH Colorimetric Method
5. Hydrogen 200100 0.13 30 Volhard Titration with Iodine
Chloride Solution
6. Hydrogen 0.07 30 Methylene Blue
Sulfide

7. Lead 20 30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 30,60 Colorimetric-Pararosaniline
0.13

11. Suspended 300 ---- 60 Gravimetric

Particulate Matter-
TSP

1Pertinent 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.

2Ninety-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 air, in varying quantities.

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.

Section 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.
Section 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.

Section 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, NGO’s and PO’s, 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

Section 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.

Section 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.

Section 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 project’s 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

Section 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 public’s 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:

Pollutants Standard Applicable to Source Maximum Method of Analysisa

Permissible
Limits
(mg/Ncm)

1. Antimony and Its Any source 10 as Sb AASb

compounds
2. Arsenic and its Any source 10 as As AASb
compounds
3. Cadmium and its Any source 10 as Cd AASb
compounds

4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis

5. Copper and its Any industrial source 100 ax Cu AASb
Compounds
6. Hydrofluoric Acids Any source other than the 50 as HF Titration with Ammonium
and Fluoride manufacture of Aluminum from Thiocyanate
compounds Alumina
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide
ii) Geothermal Exploration and e Method
well-testing
iii) Any source other than (i) and 7 as H2S Cadmium Sulfide
(ii) Method
8. Lead Any trade, industry or process 10 as Pb AASb

9. Mercury Any Source 5 as elemental AASb/Cold-Vapor

Hg Technique or Hg
Analyzer

10. Nickel and its Any source 20 as Ni AASb

compounds, except
Nickel Carbonylf
11. NOx i) Manufacture of Nitric Acid 2,000 as acid Phenol-disulfonic acid
and NOx and Method
calculated as
NO2
ii) Fuel burning steam 1,500 as NO2 Phenol-disulfonic acid
generators Method
Existing Source New Source
• Coal-Fired 1,000 as NO2
• Oil-Fired 500 as NO2
iii) Any source other than (i) adn Phenol-disulfonic acid
(ii) Method
Existing Source 1000 as NO2
New Source 500 as NO2
12. Phosphorus Any source 200 as P2O5 Spectrophotometry
Pentoxideg

13. Zinc and its Any source 100 as Zn AASb

Compounds

a Other equivalent methods approved by the Department may be used.

 b Atomic Absorption Spectrophometry

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

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

eBest 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.

g 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 150 mg/Ncm

b) Other Area 200 mg/Ncm

2. Cement Plants (Kilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm

4. Other Stationary Sourcesa 200 mg/Ncm

a 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 2.0gm.Ncm as SO3
Sulf(on)ation Process
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3

(2) New Sources

(i) Manufacture of Sulfuric Acid and 1.5 gm.Ncm as SO3
Sulf(on)ation Process

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

a 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 not specifically included in the immediately preceding paragraph,
the following emission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average Values

 Daily Half Hourly
Average Average
Values Values
Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic substances,
expressed as total organic carbon 10 mg/m3 20 mg/m3
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and Nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3
Nitrogen monoxide (NO) and nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less 300 mg/m3
Ammonia 10 mg/m3 20 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) total 0.05

Thallium and its compounds, expressed as thallium (Tl) mg/m3
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3
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)
total 0.5
Copper and its compounds, expressed as copper (Cu)
mg/m3
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)

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.

Section 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

Section 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 HC + NOx PMa
(g/km) (g/km) (g/km)
2.72 0.970.14

a for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function
of the given reference mass shall be:

Emission Limits for Light Commercial Vehicles

Type Approval
(Directive 93/59/EEC)

Reference Weight (RW) CO HC + PMa (g/km)

(kg) (g/km) NOx (g/km)
Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25

a for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

Emission Limits for Heavy Duty Vehicles

Type Approval

(Directive 91/542/EEC)
 CO HC NOx PM

(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)

4.5 1.1 8.0 0.36a

a 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 spark-ignition 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 tamper-resistant
odometers for all motor vehicles including tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program.

Section 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.
Section 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

Section 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 one's 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.

Section 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

Section 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 anti-knock 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 in excess of 0.30% (by weight).

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.

Section 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 range of concentration; and

d) Purpose in the use of the fuel and additive.

Section 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 the use of unleaded gasoline.

Section 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

Section 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.

Section 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.
Section 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.

Section 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

Section 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 Department's 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.

Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter
into agreement with other government agencies, or with affected non-governmental (NGOs) or
people's organizations (POs),or private enterprises in the furtherance of the objectives of this Act.

Section 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.

Section 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 non-governmental 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.

Section 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 Department's industrial rating system.

Section 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

Section 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.

Section 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
thirty-day (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 attorney's fees and damages.

Section 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.

Section 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 attorney's 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.

Section 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 laborer's 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

Section 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 violator's 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
offender's 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.

Section 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.

Section 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.

Section 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

Section 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
company's compliance with the provisions of this Act.

Section 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.

Section 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.

Section 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.

Section 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 co-
chaired 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.

Section 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.

Section 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.

Section 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.
Republic Act No. 9275 March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR

OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

CHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine
waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it
shall be the policy of the State:

a) To streamline processes and procedures in the prevention, control and abatement of

pollution of the country's water resources;

b) To promote environmental strategies, use of appropriate economic instruments and of

control mechanisms for the protection of water resources;

c) To formulate a holistic national program of water quality management that recognizes that
water quality management issues cannot be separated from concerns about water sources
and ecological protection, water supply, public health and quality of life;

d) To formulate an integrated water quality management framework through proper delegation

and effective coordination of functions and activities;

e) promote commercial and industrial processes and products that are environment friendly
and energy efficient;

f) To encourage cooperation and self-regulation among citizens and industries through the
application of incentives and market-based instruments and to promote the role of private
industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public
health and environment;

g) To provide for a comprehensive management program for water pollution focusing on

pollution prevention;

h) To promote public information and education and to encourage the participation of an

informed and active public in water quality management and monitoring;

i) To formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and

j) To encourage civil society and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to organize, educate and motivate
the people in addressing pertinent environmental issues and problems at the local and national
levels.

SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water
bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based
sources: Provided, further, That the water quality standards and regulations and the civil liability and
penal provisions under this Act shall be enforced irrespective of sources of pollution.

ARTICLE 2
DEFINITION OF TERMS
SECTION 4. Definition of Terms. - As used in this Act:

a) Aquifer - means a layer of water-bearing rock located underground that transmits water in
sufficient quantity to supply pumping wells or natural springs.

b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.

c) Beneficial use - means the use of the environment or any element or segment thereof
conducive to public or private welfare, safety and health; and shall include, but not be limited
to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purposes.

1. Use of water for domestic purposes - means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and watering of
lawns or domestic animals;

2. Use of water for municipal purposes - means the utilization of water for supplying
water requirements of the community;

3. Use of water for irrigation - means the utilization of water for producing agricultural
crops;

4. Use of water for power generation - means the utilization of water for producing
electrical or mechanical power;

5. Use of water for fisheries - means the utilization of water for the propagation of
culture of fish as a commercial enterprise;

6. Use of water for livestock raising - means the utilization of water for large herds or
flocks of animals raised as a commercial enterprise;

7. Use of water for industrial purposes - means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a finished
product; and

8. Use of water for recreational purposes - means the utilization of water for swimming
pools, bath houses, boating, water skiing, golf courses and other similar facilities in
resorts and other places of recreation.

d) Classification/Reclassification of Philippine Waters - means the categorization of all water

bodies taking into account, among others, the following: (1) existing quality of the body of
water; (2) size, depth, surface area covered, volume, direction, rate of flow and gradient of
stream; (3) most beneficial existing and future use of said bodies of water and lands bordering
them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational,
recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability of surface and
groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and
underground storage tanks of petroleum products.

e) Civil Society - means non-government organizations (NGOs) and people's organizations

(POs).

f) Cleaner Production - means the application of an integrated, preventive environmental

strategy to processes, products, services to increase efficiency and reduce risk to humans and
the environment;

g) Clean-up operations - means activities involving the removal of pollutants discharged or

spilled into a water body and its surrounding areas, and the restoration of the affected areas
to their former physical, chemical and biological state or conditions.

h) Contamination - means the production of substances not found in the natural composition
of water that make the water less desirable or unfit desirable or unfit for intended use.
i) Department - means the Department of Environment and Natural Resources.

j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a water body or onto land from
which it might flow or drain into said water.

k) Drinking water- means water intended for human consumption or for use in food preparation.

l) Dumping - means any unauthorized or illegal disposal into any body of water or land of
wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent
coming from commercial, industrial, and domestic sources which are within the effluent
standards.

m) Effluent - means discharge from known sources which is passed into a body of water or
land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.

n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or
concentrations or any combination thereof, of physical, chemical or biological parameters of
effluent which a person or point source is allowed to discharge into a body of water or land.

o) Environmental management - means the entire system which includes, but is not limited to,
conservation, regulation and minimization of pollution, clean production, waste management,
environmental law and policy, environmental education and information, study and mitigation
of the environmental impacts of human activity, and environmental research.

p) Environmental management system - means the part of the overall management system
that includes organizational structure, planning activities, responsibilities, practices,
procedures, processes and resources for developing, implementing, achieving, reviewing and
maintaining the environment policy.

q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes.

r) Groundwater - means a subsurface water that occurs beneath a water table in soils and
rocks, or in geological formations.

s) Groundwater vulnerability - means relative ease with which a contaminant located at or near
the land surface can migrate to the aquifer or deep well.

t) Groundwater vulnerability map - means the identified areas of the land surface where
groundwater quality is most at risk from human activities and shall reflect the different degrees
of groundwater vulnerability based on a range of soil properties and hydro geological criteria
to serve as guide in the protection of the groundwater from contamination.

u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained
gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity
of such waste, its persistence and degradability in nature, its potential for accumulation or
concentration in tissue, and other factors that may otherwise cause or contribute to adverse
acute or chronic effects on the health of persons or organism.

v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial
value released by a manufacturing or processing plant other than excluded material.

w) Integrated Water Quality Management Framework - means the policy guideline integrating
all the existing frameworks prepared by all government agencies contain the following; water
quality goals and targets; (b) period of compliance; (c) water pollution control strategies and
techniques; (d) water quality information and education program; (e) human resources
development program.

x) Margin - means a landward and outer limiting edge adjacent to the border of any water
bodies or a limit beyond where beyond where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be prepared by the Department
indicating: a) the location of water bodies, their quality, taking into account seasonal, tidal and
others variations, existing and potential uses and sources of pollution per specific pollutant
and pollution load assessment; b) water quality management areas pursuant to Section 5 of
this Act; c) and water classification.

z) Non-point source - means any source of pollution not identifiable as point source to include,
but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms
and urban areas.

aa) Point source - means any identifiable source of pollution with specific point of discharge
into a particular water body.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which
directly or indirectly:

(i) alters the quality of any segment of the receiving water body to affect or tend to
affect adversely any beneficial use thereof;

(ii) is hazardous or potential hazardous to health;

(iii) imparts objectionable odor, temperature change, or physical, chemical or biological

change to any segment of the water body; or

(iv) is in excess of the allowable limits, concentrations, or quality standards specified,

or in contravention of the condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology- means pollution control devices or apparatus, processes, or
other means that effectively prevent control or reduce pollution of water caused by effluents
and other discharges, from any point source at levels within the water pollution standards.

dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, and other disposable medical equipment and material that may pose a risk to
the public health, welfare or the marine environment.

ee) Secretary - means the Secretary of the Department of Environmental and Natural
Resources (DENR).

ff) Septage - means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.

gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes,
removed from residences, building, institutions, industrial and commercial establishments
together with such groundwater, surface water and storm water as maybe present including
such waste from vessels, offshore structures, other receptacles intended to receive or retain
waste or other places or the combination thereof.

hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force mains, service
connections including other constructions, devices, and appliances appurtenant thereto, which
includes the collection, transport, pumping and treatment of sewage to a point of disposal.

ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater
treatment plant, water supply treatment plant, or water control pollution facility, or any other
such waste having similar characteristics and effects.

jj) Surface water - means all water, which is open to the atmosphere and subject to surface
runoff.

kk) Treatment - means any method, technique, or process designed to alter the physical,
chemical or biological and radiological character or composition of any waste or wastewater
to reduce or prevent pollution.
 ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may
cause chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of
persons or which may adversely affect designated water uses.

mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms
resulting industrial, commercial, mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.

nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline
waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams,
rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters.
Water bodies do not refer to those constructed, developed and used purposely as water
treatment facilities and / or water storage for recycling and re-use which are integral to process
industry or manufacturing.

pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality.

qq) Water Quality - means the characteristics of water, which define its use in characteristics
by terms of physical, chemical, biological, bacteriological or radiological characteristics by
which the acceptability of water is evaluated.

rr) Water quality guidelines - means the level for a water constituent or numerical values of
physical, chemical, biological and bacteriological or radiological parameters which are used to
classify water resources and their use, which does not result in significant health risk and which
are not intended for direct enforcement but only for water quality management purposes, such
as determining time trends, evaluating stages of deterioration or enhancement of the water
quality, and as basis for taking positive action in preventing, controlling or abating water
pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following:
(a) goals and targets including sewerage or septage program, (b) schedule of compliance to
meet the applicable requirements of this Act; (c) water pollution control strategies or
techniques; (d) water quality information and education program; e) resource requirement and
possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under
Chapter 4 of this Act.

CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1
GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - The Department, in coordination with National
Water Resources Board (NWRB), shall designate certain areas as water quality management areas
using appropriate physiographic units such as watershed, river basins or water resources regions.
Said management areas shall have similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the physicochemical, biological and bacteriological reactions and
diffusions of pollutants in the water bodies, or otherwise share common interest or face similar
development programs, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of

mayors and governors of member local government units (LGUs), and representatives of relevant
national government agencies, duly registered non-governmental organization, water utility sector,
and business sector. The Department representative shall chair the governing board. In the case of
the LGUs with memberships on more than one (1) management board, the LGU shall designate only
one (1) single representative for all the management areas wherein is a member.

The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor the
compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and affect water quality
surveillance and monitoring network including sampling schedules and other similar activities. The
group shall submit its report and recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the
department and shall provide technical support to the governing board. They shall be composed of at
least four (4) members who shall have the following minimum qualifications:

a) One (1) member shall be a member of the Philippines Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental
Engineer or Ecologist or significant training and experience in chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and
experience in closely related fields and experience on ground water, respectively; and

d) One (1) member shall be a Geologist, Biologist, or significant training and experience in
closely related fields.

The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be
designated as one management area under the administration of LLDA in accordance with R.A. No.
4850, as amended: Provided, However, That the standards promulgated pursuant to this Act and
wastewater charge system established pursuant hereof shall be enforced in said area.

SECTION 6. Management of Non-attainment Areas. - The Department shall designate water

bodies, or portions thereof, where specific pollutants from either natural or man-made source have
already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants. It shall
prepare and implement a program that will not allow new sources of exceeded water pollutant in non-
attainment areas without a corresponding reduction in discharges from existing sources; Provided,
That if the pollutant is naturally occurring, e.g. naturally high boron and other elements in geothermal
areas, discharge of such pollutant may be allowed: Provided, further, That the effluent concentration
of discharge shall not exceed the naturally occurring level of such pollutant in the area: Provided,
Finally, That the effluent concentration and volume of discharge shall not adversely affect water
supply, public health and ecological protection.

The Department shall, in coordination with NWRB, Department of Health (DOH), Department of
Agriculture (DA), governing board and other concerned government agencies and private sectors shall
take such measures as may be necessary to upgrade the quality of such water in non-attainment
areas to meet the standards under which it has been classified.

Upgrading of water quality shall likewise include undertakings, which shall improve the water quality
of a water body to a classification that will meet its projected or potential use.

The LGUs shall prepare and implement contingency plans and other measures including relocation,
whenever necessary, for the protection of health and welfare of the residents within potentially affected
areas.

SECTION 7. National Sewerage and Septage Management Program. - The Department of Public
Works and Highways (DPWH), through its relevant attached agencies, in coordination with the
Department, local government units (LGUs) and other concerned agencies, shall, as soon as possible,
but in no case exceeding a period of twelve (12) months from the affectivity of this Act, prepare a
national program on sewerage and septage management in connection with Section 8 hereof.

Such program shall include a priority listing of sewerage, septage and combined sewerage-septage
projects for LGUs based on population density and growth, degradation of water resources,
topography, geology, vegetation, program/projects for the rehabilitation of existing facilities and such
other factors that the Secretary may deem relevant to the protection of water quality. On the basis of
such national listing, the national government may allot, on an annual basis, funds for the construction
and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to
the land for the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of
sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes
and enforcement of a service fee system.

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years
following the effectivity of this Act, the Agency vested to provide water supply and sewerage facilities
and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in
Republic Act No. 7160, in coordination with LGUs, shall be required to connect the existing sewage
line found in all subdivisions, condominiums, commercial centers, hotels, sports and recreational
facilities, hospitals, market places, public buildings, industrial complex and other similar
establishments including households to available sewerage system. Provided, That the said
connection shall be subject to sewerage services charge/fees in accordance with existing laws, rules
or regulations unless the sources had already utilized their own sewerage system: Provided, further,
That all sources of sewage and septage shall comply with the requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other
concerned agencies, shall employ septage or combined sewerage-septage management system.

For the purpose of this section, the DOH, coordination with other government agencies, shall formulate
guidelines and standards for the collection, treatment and disposal of sewage including guidelines for
the establishment and operation of centralized sewage treatment system.

SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be
administered by the Department, in coordination with other concerned agencies, as a special account
in the National Treasury is hereby established. The fund shall be used to finance the following:

a) Finance containment and clean-up operations of the government in water pollution cases;

b) Guarantee restoration of ecosystems and rehabilitation of affected areas;

c) Support research, enforcement and monitoring activities;

d) Provide technical assistance to the implementing agencies;

e) Grant rewards and incentives;

f) Support information and educational campaign; and

g) Such other disbursements made solely for the prevention, control or abatement of water
pollution and management and administration of the management areas in the amounts
authorized by the Department.

The fines imposed and damages awarded to the government by the Pollution Adjudication Board
(PAB), proceeds of permits issued by the Department under this Act, donations, endowments and
grants in the form of contributions to the national government under this Act shall form part of the fund.
Such donations, endowments and grants shall be exempt from donor's taxes and all other taxes,
charges or fees imposed by the government and shall be deductible from the gross income of the
donor for income tax purposes.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and
regulations.

SECTION 10. The Area Water Quality Management Fund. - The area water quality management
fund is hereby established for the maintenance and upkeep of the water bodies in a water quality
management area. The fund shall be utilized for the grant of rewards and incentives for entities whose
effluent discharges are better than the water quality criteria of the target classification of the receiving
body of water, loans for acquisitions and repairs of facilities to reduce quantity and improve quality of
wastewater discharges, and regular maintenance of the water bodies within the management area.

An amount of not more than ten percent (10%) of the total amount accruing to the funds annually shall
be allocated for the operational expenses of the governing board, its secretariat and multi-sectoral
water quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the establishments located in rural areas
before the effectivity of this Act. Thereafter, the fees collected under the wastewater charge system
established under Section 13 of this Act, donations, endowments and grants for water quality
management of the area shall accrue to the fund.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and
regulations. This fund shall be managed by the Board of the corresponding management area.

SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The
Department may provide variance in water quality criteria and standards for geothermal exploration
that encounters re-injection constraints: Provided, That there shall be provision for adequate protection
of beneficial use of water bodies, downstream of the geothermal project: Provided, further, That this
provision may be applied to oil and gas exploration as determined by the Department.

SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity of
this Act, and every two (2) years thereafter, the Department shall, through due public consultation,
revise and publish a list of categories of industry sector for which effluent standards will be provided
for each significant wastewater parameter per industry sector.

The Department shall provide additional classification based on other parameters specifically
associated to discharge of a particular industry which shall be included in the listing of categories
prescribed in the preceding paragraph.

ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES

SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge
system in all management areas including the Laguna Lake Region and Regional Industrial Centers
through the collection of wastewater charges/fees. The system shall be established on the basis of
payment to the government for discharging wastewater into the water bodies. Wastewater charges
shall be established taking into consideration the following:

a) To provide strong economic inducement for polluters to modify their production or

management processes or to invest in pollution control technology in order to reduce the
amount of water pollutants generated;

b) To cover the cost of administering water quality management or improvement programs;

c) Reflect damages caused by water pollution on the surrounding environment, including the
cost of rehabilitation;

d) Type of pollutant;

e) Classification of the receiving water body; and

f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which
shall be established with due public consultation within six (6) months from the effectivity of this Act:
Provided, That net waste load shall refer to the difference of the initial waste load of the abstracted
water and the waste load of the final effluent discharge of an industry: Provided, further, That no net
waste load shall be lower than the initial waste load: Provided, finally, That wastewater charge system
shall not apply to wastewater from geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be
charged with minimal reasonable amount which shall be determined by the Department after due
public consultation, giving account to volumetric rate of discharge and effluent concentration.

SECTION 14. Discharge Pemits. - The Department shall require owners or operators of facilities that
discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge
permit shall be the legal authorization granted by the Department to discharge wastewater: Provided,
That the discharge permit shall specify among others, the quantity and quality of effluent that said
facilities are allowed to discharge into a particular water body, compliance schedule and monitoring
requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste
minimization and waste treatment technologies when such technologies are deemed cost effective.
The Department shall also develop procedures to relate the current water quality guideline or the
projected water quality guideline of the receiving water body/ies with total pollution loadings from
various sources, so that effluent quotas can be properly allocated in the discharge permits. For
industries without any discharge permit, they may be given a period of twelve {12) months after the
effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.

Effluent trading may be allowed per management area.

ARTICLE 3
FINANCIAL LIABILITY MECHANISM

SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require
program and project proponents to put up environmental guarantee fund {EGF) as part of the
environmental management plan attached to the environmental compliance certificate pursuant to
Presidential Decree No.1586 and its implementing rules and regulations. The EGF shall finance the
maintenance of the health of the ecosystems and specially the conservation of watersheds and
aquifers affected by the development, and the needs of emergency response, clean-up or
rehabilitation of areas that may be damaged during the program's or project's actual implementation.
Liability for damages shall continue even after the termination of a program or project and, until the
lapse of a given period indicated in the environmental compliance certificate, as determined by the
Department. The EGF may be in the form of a trust fund, environmental insurance, surety bonds,
letters of credit, self-insurance and any other instruments which may be identified by the Department.
The choice of the guarantee instrument or combinations thereof shall depend, among others, on the
assessment of the risks involved and financial test mechanisms devised by the Department.
Proponents required to put up guarantee instruments shall furnish the Department with evidence of
availment of such instruments from accredited financial instrument providers.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof,
any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at his own
expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial
use: Provided, That in the event emergency clean-up operations are necessary and the polluter fails
to immediately undertake the same, the Department, in coordination with other government agencies
concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said
operations shall be reimbursed by the persons found to have caused such pollution upon proper
administrative determination in accordance with this Act. Reimbursements of the cost incurred shall
be made to the Water Quality Management Fund or to such other funds where said disbursements
were sourced.

SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall

implement programmatic compliance with the environmental impact assessment system, as in the
following types of development:

a) development consisting of a series of similar projects, or a project subdivided into several

phases and/or stages whether situated in a contiguous area or geographically dispersed; and

b) development consisting of several components or a cluster of projects co-located in an area

such as an industrial estate, an export processing zone, or a development zone identified in a
local land use plan.

Programmatic compliance with the environmental impact assessment system shall be guided by
carrying capacity assessments determined from ecological profiles. Ecological profiles shall Identify
environmental constraints and opportunities in programmatic areas. Programmatic assessment shall
also take into account cumulative impacts and risks.

Consistent with the provisions of the Local Government Code, the Department may enter into
agreement with LGUs to incorporate programmatic environmental impact assessment into the
preparation, updating or revision of local land use plans and area development plans.
SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water
Quality Standards. - The. Department may allow each regional industrial center established pursuant
to Republic Act No.7916 (PEZA law) to allocate effluent quotas to pollution sources within its
jurisdiction that qualify under an environmental impact assessment system programmatic compliance
program in accordance with Presidential Decree No. 15867 and its implementing rules and regulations.

CHAPTER 3
INSTITUTIONAL MECHANISM

SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible
for the implementation and enforcement of this Act unless otherwise provided herein. As such, it shall
have the following functions, powers and responsibilities:

a) Prepare a National Water Quality Status Report within twenty-four (24) months from the
effectivity of this Act: Provided, That the Department shall thereafter review or revise and
publish annually, or as the need arises, said report;

b) Prepare an Integrated Water Quality Management Framework within twelve (12) months
following the completion of the status report;

c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12)
months following the completion of the framework for each designated water management
area. Such action plan shall be reviewed by the water quality management area governing
board every five (5) years or as need arises;

d) Prepare and publish a national a national groundwater vulnerability map incorporating the
prevailing standards and methodologies, within twenty four (24) months after the effectivity of
this Act;

e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water
quality guidelines after due consultation with the concerned stakeholder sectors: Provided,
That the Department, in coordination with appropriate agencies shall review said guidelines
every five (5) years or as need arises;

f) Review and set effluent standards every five (5) years from the effectivity of this Act or sooner
as determined by the Department: Provided, That in the interim, the provisions of DENR
Administrative Order No. 35 of the Department shall apply: Provided, further, That when new
and more stringent standards are set in accordance with this section, the Department may
establish a grace period with a maximum of five (5) years: Provided, finally, That such grace
period shall be limited to the moratorium on the issuance of cease and desist and/or closure
order against the industry's operations except in the event such operation poses serious and
grave threat to the environment, or the industry fails to institute retooling, upgrading or
establishing an environmental management system (EMS).

g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination with other concerned
agencies, formulate testing procedures and establish an accreditation system for laboratories;

h) Within eighteen (18) months from the effectivity of this Act and every two (2) years
thereafter, categorize point and non-point sources of water pollution;

i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;

j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in
the interim, the provisions of DENR Administrative Order No.34 shall apply: Provided, further,
that such classification or reclassification shall take into consideration the operation of
businesses or facilities that are existing prior to the effectivity of the Act: Provided, furthermore,
that the Department may authorize the use of the water for other purposes that are more
restrictive in classification: Provided, finally, That discharges resulting from such use shall
meet the effluent standards set by the Department;
 k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude,
extent, severity, causes, effects and other pertinent information on pollution, and to take
measures, using available methods and technologies to prevent and abate such pollution;

l) Exercise supervision and control over all aspects of water quality management;

m) Establish a cooperative effort in partnership with the government, LGUs, academic

institutions, civil society and the private sector to attain the objectives of this Act;

n) Disseminate information and conduct educational awareness and value formation programs
and campaigns on the effects of water pollution on health and environment, water quality
management, and resource conservation and recovery to encourage an environmentally
action-oriented society in coordination with government agencies identified in Section 22 (f);

o) Promote. and encourage private and business sectors especially manufacturing and
processing plants the use of water quality management systems equipment, including but not
limited to, industrial wastewater treatment collection and treatment facilities;

p) Report, on an annual basis, to Congress the, quality status of water bodies and other
pertinent information and recommend possible legislation, policies and programs for
environmental management and water pollution control;

q) Issue rules and regulations for the effective implementation of the provisions of this Act;

r) Issue orders against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with water quality the provisions of this Act;

s) Undertake appropriate protocol with other concerned agencies for immediate coordinated
responses to water related emergency incidents;

t) Issue permits, clearances and similar instruments pursuant to this Act; and

u) Exercise such powers and perform such other functions as may be necessary to carry out
the objectives of this Act

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to
administer some aspects of water quality management and regulation, including, but not to be limited
to, permit issuance, monitoring and imposition of administrative penalties, when, upon the
Department's determination, the LGU or the governing board has demonstrated readiness and
technical capability to undertake such functions.

SECTION 20. Role of Local Government Units. - Local government units shall share the
responsibility in the management and improvement of water quality within their territorial jurisdictions.

Each local government unit shall within six (6) months after the establishment of the water quality
management area action plan prepare a compliance scheme in, accordance thereof, subject to review
and approval of the governing board.

Each local government unit shall, through its Environment and Natural Resources Office (ENRO)
established in Republic Act No.7160, have the following powers and functions:

a) Monitoring of water quality;

b) Emergency response;

c) Compliance with the framework of the Water Quality Management Action Plan;

d) To take active participation in all efforts concerning water quality protection and
rehabilitation; and

e) To coordinate with other government agencies and civil society and the concerned sectors
in the implementation of measures to prevent and control water pollution: Provided, however,
 That in provinces/cities/municipalities where there are no environment and natural resources
officers, the local executive concerned may, with the approval of the Secretary of the DENR
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.

SECTION 21. Business and Industry Role in Environmental Management. - The Department and
the LGUs, in coordination with the appropriate government agencies. and in consultation with the
business and industrial sectors including commerce, shall formulate appropriate incentives for the
adoption procedures that will preserve and protect our water bodies through the introduction of
innovative equipment and processes that reduce if totally eliminate discharge of pollutants into our
water bodies.

SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including
LLDA shall coordinate and enter into agreement with other government agencies, industrial sector and
other concerned sectors in the furtherance of the objectives of this Act- The following agencies shall
perform tile functions specified hereunder:

a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the
enforcement of water quality standards in marine waters, set pursuant to this Act, specifically
from offshore sources;

b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban
water utilities for the provision or sewerage and sanitation facilities and the efficient and safe
collection, treatment and disposal of sewage within their area of jurisdiction;

c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the prevention, control and
abatement of pollution from agricultural and aquaculture activities: Provided, That discharges
coming from non-point sources be categorized and further defined pursuant to this
Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA
shall be primarily responsible for the prevention and control of water pollution for the
development, management and conservation of the fisheries and aquatic resources;

d) DOH shall be primarily responsible for the promulgation, revision and enforcement of
drinking water quality standards;

e) DOST, in coordination with the Department and other concerned agencies, shall prepare a
program for the evaluation, verification, development and public dissemination of pollution
prevention and cleaner production technologies; and

f) Department of Education (DepEd), Commission Higher Education (CHED), Department of

the Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall assist
and coordinate with the Department in, the preparation and implementation of a
comprehensive program pursuant to the objectives of this Act.

SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to
Documents. - The Department or its duly authorized representative shall, after proper consultation
and notice, require any person who owns or operates any pollution source or who is subject to. any
requirement of this Act to submit reports and other written information as may be required by the
department.

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 Department's industrial rating system. Pursuant to this Act, the Department, through it's authorized
representatives, shall have the right to: (a) enter any premises or to have access to 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 discharge.
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may
enter the premises of an establishment reported to have caused said incident.

SECTION 24. Pollution Research and Development Programs. - The Department, in coordination
with the Department of Science and Technology (DOST), other concerned agencies and academic
research institutions, shall establish a national research and development program for the prevention
and control of water pollution. As part of said program, the DOST shall conduct and promote the
coordination and acceleration of research, investigation, experiments, training, survey and studies
relating to the causes, extent, prevention and control of pollution among concerned government
agencies and research institutions.

CHAPTER 4
INCENTIVES AND REWARDS

SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private
organization and entities, including civil society, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in water quality management. Said
rewards shall be sourced from the Water Quality Management Fund herein created.

SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of
encouraging LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop
or undertake an effective water quality management, or actively participate in any program geared
towards the promotion thereof as provided in this Act.

A. Non-fiscal incentive

1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of the
Board of Investments (BOI), industrial wastewater treatment and/or adoption of water pollution
control technology, cleaner production and waste minimization technology shall be classified
as preferred areas of investment under its annual priority plan and shall enjoy the applicable
fiscal and non-fiscal incentives as may be provided for under the Omnibus Investment Code,
as amended.

Fiscal Incentives

1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the
effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities: Provided, That the importation of such machinery,
equipment and spare parts shall comply with the following conditions:

a) They are not manufactured domestically in sufficient quantity, of comparable quality

and at reasonable prices;

b) They are reasonably needed and will be used actually, directly and exclusively for
the above mentioned activities; and

c) Written endorsement by the Department that the importation of such machinery,

equipment and spare parts would be beneficial to environmental protection and
management: Provided, further, That the sale, transfer or disposition of such
machinery, equipment 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,
WD, enterprise or private entity and the concerned vendee, transferee or assignee
shall be solidarity liable to pay twice the amount of tax and duty exemption given it.

2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this
Act, a tax credit equivalent to one hundred percent (100%) of the value of the national internal
revenue taxes and customs duties that would have been waived on the machinery, equipment,
and spare parts, had these items been imported shall be given to enterprises or private entities
and individuals, subject to the same conditions and prohibition cited in the preceding
paragraph.
 3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations
to LGUs, WDs, enterprises, or private entities and individuals, for the support and maintenance
of the program for effective water quality management shall be exempt from donor's tax and
shall be deductible from the gross income of the donor for income tax purposes.

Imported articles donated to, or for the account of any LGUs, WDs, local water utilities,
enterprises, or private entities and individuals to be exclusively used for water quality
management programs shall be exempted from the payment of customs duties and applicable
internal revenue taxes.

Industrial wastewater treatment and/or installation of water pollution control devices shall be
classified as pioneer and preferred areas of investment under the BOI's annual priority plan
and shall enjoy- the applicable fiscal and non-fiscal incentives as may be provided for under
the Omnibus Investment Code, as amended.

B. Financial Assistance Program

Government financial institutions such as the Development Bank of the Philippines, Land Bank
of the Philippines, Government Service Insurance System, 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 LGUs, WDs, enterprises, or private entities engaged in sewage
collection and treatment facilities.

C. Extension or Grants to LGUs

Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive
grants for the purpose of developing technical capabilities.

CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly

into the water bodies or along the margins of any surface water, where, the same shall be
liable to be washed into such surface water, either by tide action or by storm, floods or
otherwise, which could cause water pollution or impede natural flow in the water body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form
that would pollute groundwater. In the case of geothermal projects, and subject to the approval
of the Department, regulated discharge for short- term activities (e.g. well testing, flushing,
commissioning, venting) and deep re-injection of geothermal liquids may be
allowed: Provided, That safety measures are adopted to prevent the contamination of the
groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless the health
or safety of individuals on board the vessel is threatened by a great and imminent peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as
defined under Republic Act No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed

under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies
or wherein the same shall be liable to be washed into such surface, ground, coastal, and
marine water;
 h) Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit pursuant
to this Act or after the permit was revoked for any violation of condition therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action
Plan. In such a case, sanctions shall be imposed on the local government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this
Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance
with this Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance

with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the distribution system or tampering with the water supply
in such a way as to alter or impair the water quality.

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who
commits any of the prohibited acts provided in the immediately preceding section or violates any of
the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon
the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor
more than Two hundred thousand pesos (P200,000.00) for every day of violation. The fines herein
prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation
and to maintain the deterrent function of such fines: Provided, That the Secretary, upon
recommendation of the PAB may order the closure, suspension of development or construction, or
cessation of operations or, where appropriate disconnection of water supply, until such time that proper
environmental safeguards are put in place and/or compliance with this Act or its rules and regulations
are undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such
closure, suspension of development or construction, or cessation of operations during the pendency
of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by
imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than
Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00)
per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished
with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and
a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission
and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper
government agencies file criminal charges against the violators. Gross violation shall mean any of the
following:

a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic
amounts;

b) five {5) or more violations within a period of two (2) years; or

c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of
seals or operating despite the existence of an order for closure, discontinuance or cessation
of operation.

In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation
or imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion
of the court. If the offender is a juridical person, the president, manager and the pollution control officer
or the official in charge of the operation shall suffer the penalty herein provided.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in
pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos
{P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than
one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability
of the offender in accordance with existing laws. If the offender is a juridical entity, then its officers,
directors, agents or any person primarily responsible shall be held liable: Provided, That any vessel
from which oil or other harmful substances are discharged in violation of Section 4 of Presidential
Decree No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and
clearance of such vessel from the port of the Philippines may be withheld until the fine is paid and
such penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel
in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which
discharged the oil or other harmful substances will be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within the
Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No.4850 as
amended.

SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality
Management Area Action Plan. - Local government officials concerned shall be subject to
Administrative sanctions incase of failure to comply with their action plan accordance with the relevant
provisions of R.A. No. 7160.

CHAPTER 6
ACTIONS

SECTION 30. 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 in the proper forum against any person who violates:

a) Standards or limitations provided by this Act; or

b) By any such order, rule or regulation issued by the Department with respect to such standard
or limitation.

CHAPTER 7
FINAL PROVISIONS

SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be
appropriated from the savings of the National Government to the Department for the initial
implementation of this Act. Thereafter, the amount necessary to effectively carry out the provision of
this Act shall be included in the General Appropriations Act of the year following its enactment into law
and thereafter.

SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the
Committees on Environment and Ecology of the Senate and the House of Representatives,
respectively and other concerned 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
water pollution 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 implementing rules and regulations shall be published and be the subject of public
consultations with affected sectors.

There shall be a mandatory review of the implementing rules and regulations and standards set
pursuant to the provisions of this Act.

SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review the
implementing rules and regulations promulgated by the Department. 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 co-
chaired by the Chairpersons of the Committee on Environment of the Senate and the Committee on
Ecology of the House of Representatives.

SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos.
6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended
and modified accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith
are hereby repealed or modified accordingly.

SECTION 35. Separability Clause. - If any provision of this Act or the application 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.

SECTION 36. 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.
REPUBLIC ACT 9003 January 26, 2001

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

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

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."

Section 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, non- government 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

Section 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 run-off 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 to the Environmental Management Bureau;

(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 micro-
organisms, 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 post-consumer 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

Section 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 the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(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 nongovernment 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.

Section 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 non-environmentally 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.

Section 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.

Section 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.

Section 8. Role of the Departmen. - 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 Waste Management Status Report;

(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.

Section 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.

Section 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.

Section 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 environment and natural resources officer;

(e) The provincial engineer;

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

(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 of its component cities and municipalities;

(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.

Section 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.

Section13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU -

Multi-purpose 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

Section 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.

Section 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 waste facilities and conservation systems;

(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 and education campaign strategies;

(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.

Section 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.

Section 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, institutional, other waste; and

(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
internationally-acceptable 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 non-recyclable 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.

Section 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.

Section 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.

Section 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

Section 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.

Section 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
on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste", or any
other classification as may be determined by the Commission.

Article 3
Collection and Transport of Solid Wastes

Section 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.

Section 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.

Section 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 twenty-four (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

Section 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.

Section 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.

Section 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.

Section 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 nonenvironmentally
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 non-environmentally 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 as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally
acceptable products.

Section 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 non-environmentally
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.

Section 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 post-
consumer 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 post-consumer and recovered materials.

Section 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.

Section 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

Section 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.

Section 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

Section 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.

Section 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.

Section 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.

Section 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 for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small working areas;

(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.

Section 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 community's residents;

(e) The site must be located in an area where the landfill's 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 community's 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.

Section 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 day's 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 - During this period, the landfill owner shall be responsible for
providing for the general upkeep of the landfill, maintaining all of the landfill's environmental
protection features, operating monitoring equipment, remediating groundwater should it
become contaminated and controlling landfill gas migration or emission.
Section 42. Operating Criteria for Sanitary Landfills - In the operation of a sanitary land fill, each site
operator shall maintain the following minimum operating equipments:

(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 operator's 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 shall be placed in the
operation record;

(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

Section 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.

Section 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

Section 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 non-fiscal 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

Section 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 Sec. 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.

Section 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

Section 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 non-segregated 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 non-environmentally 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.

Section 49. Fines and Penalties -

(a) Any person who violates Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 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 Sec. 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 (3) years to
compensate for inflation and to maintain the deterrent functions of such fines.

Section 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
Section 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.

Section 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 attorney's fees, moral
damages and litigation costs as appropriate.

Section 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
Sec. 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 attorney's 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.

Section 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, nongovernment
organizations and private persons.

Section 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 ill-effects 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 people's organizations to publicity
endorse and patronize environmentally acceptable products and packaging materials.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.
Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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

REPUBLIC ACT NO. 7586

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL

INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Title – This Act shall be known and referred to as the "National Integrated Protected Areas
System Act of 1992″.

Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities on all
components of the natural environment particularly the effect of increasing population, resource
exploitation and industrial advancement and recognizing the critical importance of protecting and
maintaining the natural biological and physical diversities of the environment notably on areas with
biologically unique features to sustain human life and development, as well as plant and animal life, it
is hereby declared the policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas within the classification of national park as
provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological
values that may be incorporated into a holistic plan representative of our natural heritage; that effective
administration of this area is possible only through cooperation among national government, local
government and concerned private organizations; that the use and enjoyment of these protected areas
must be consistent with the principles of biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which
shall encompass outstandingly remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as "protected
areas".

Section 3. Categories – The following categories of protected areas are hereby established:

a. Strict nature reserve;

b. Natural park;

c. Natural monument;

d. Wildlife sanctuary;

e. Protected landscapes and seascapes;

f. Resource reserve;

g. Natural biotic areas; and

h. Other categories established by law, conventions or international agreements which the

Philippine Government is a signatory.

Section 4. Definition of Terms – For purposes of this Act, the following terms shall be defined as
follows:

1. "National Integrated Protected Areas System (NIPAS)" is the classification and

administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources
found therein, and to maintain their natural conditions to the greatest extent possible;
 2. "Protected Area" refers to identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation;

3. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8 that need special development control in
order to avoid or minimize harm to the protected area;

4. "Indigenous cultural community" refers to a group of people sharing common bonds of

language, customs, traditions and other distinctive cultural traits and who have since time
immemorial, occupied, possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of natural wilderness character

which has been withdrawn from settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as such exclusively to conserve the
area or preserve the scenery, the natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas;

6. "Natural monuments" is a relatively small area focused on protection of small features to

protect or preserve nationally significant natural features on account of their special interest or
unique characteristics;

7. "Natural biotic area" is an area set aside to allow the way of life of societies living in harmony
with the environment to adapt to modern technology at their pace;

8. "Natural park" is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational and recreational
use;

9. "Protected landscapes/seascapes" are areas of national significance which are

characterized by the harmonious interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the normal lifestyle and economic
activity of these areas;

10. "Resource reserve" is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning;

11. "Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature and
maintain processes in an undisturbed state in order to have ecologically representative
examples of the natural environment available for scientific study, environmental monitoring,
education, and for the maintenance of genetic resources in a dynamic and evolutionary state;

12. "Tenured migrant communities" are communities within protected areas which have
actually and continuously occupied such areas for five (5) years before the designation of the
same as protected areas in accordance with this Act and are solely dependent therein for
subsistence; and

13. "Wildlife sanctuary" comprises an area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or physical
features of the environment where these may require specific human manipulations for their
perpetuation.

Section 5. Establishment and Extent of the System – The establishment and operationalization of the
System shall involve the following:

1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a
law, presidential decree, presidential proclamation or executive order as national park, game
refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed,
mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed
 landscape/seascape as well as identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System. The initial components of the System
shall be governed by existing laws, rules and regulations, not inconsistent with this Act;

2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and
the House of Representatives a map and legal descriptions or natural boundaries of each
protected area initially comprising the System. Such maps and legal description shall, by virtue
of this Act, constitute the official documentary representation of the entire System, subject to
such changes as Congress deems necessary;

3. All DENR records pertaining to said protected areas, including maps and legal descriptions
or natural boundaries, copies of rules and regulations governing them, copies of public notices
of, and reports submitted to Congress regarding pending additions, eliminations, or
modifications shall be made available to the public. These legal documents pertaining to
protected areas shall also be available to the public in the respective DENR Regional Offices,
Provincial Environment and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where NIPAS areas are located;

4. Within three (3) years from the effectivity of this Act, the DENR shall study and review each
area tentatively composing the System as to its suitability or non-suitability for preservation as
protected area and inclusion in the System according to the categories established in Section
3 hereof and report its findings to the President as soon as each study is completed. The study
must include in each area:

1. A forest occupants survey;

2. An ethnographic study;

3. A protected area resource profile;

4. Land use plans done in coordination with the respective Regional Development
Councils; and

5. Such other background studies as will be sufficient bases for selection.

The DENR shall:

1. Notify the public of proposed action through publication in a newspaper of general

circulation, and such other means as the System deems necessary in the area or areas in the
vicinity of the affected land thirty (30) days prior to the public hearing;

i. Conduct public hearings at the locations nearest to the area affected;

ii. At least thirty (30) days prior to the date of hearing, advise all Local Government
Units (LGUs) in the affected areas, national agencies concerned, people’s
organizations and non-government organizations and invite such officials to submit
their views on the proposed action at the hearing not later than thirty (30) days following
the date of hearing; and

iii. Give due consideration to the recommendations at the public hearing; and provide
sufficient explanation for his recommendations contrary to the general sentiments
expressed in the public hearing;

2. Upon receipt of the recommendations of the DENR, the President shall issue a presidential
proclamation designating the recommended areas as protected areas and providing for
measures for their protection until such time when Congress shall have enacted a law finally
declaring such recommended areas as part of the integrated protected area systems; and

3. Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or reclassification of
each area on which review has been completed, together with maps and legal description of
boundaries. The President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous area of public
 land of predominant physical and biological value. Nothing contained herein shall limit the
President to propose, as part of his recommendation to Congress, additional areas which have
not been designated, proclaimed or set aside by law, presidential decree, proclamation or
executive orders as protected area/s.

Section 6. Additional Areas to be Integrated to the System. – Notwithstanding the establishment of

the initial component of the additional areas with outstanding physical features, anthropological
significance and biological diversity in accordance with the provisions of Section 5d.

Section 7. Disestablishment as Protected Area. – When in the opinion of the DENR a certain
protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a
study and sanctioned by the majority of the members of the respective boards for the protected area
as herein established in Section 11, it shall, in turn, advice Congress. Disestablishment of a protected
area under the System or modification of its boundary shall take effect pursuant to an act of Congress.
Thereafter, said area shall revert to the category of public forests unless otherwise classified by
Congress: Provided however, that after disestablishment by Congress, the Secretary may recommend
the transfer of such disestablished area to other government agencies to serve other priority programs
of national interest.

Section 8. Buffer Zones. – For each protected area, there shall be established peripheral buffer zones
when necessary, in the same manner as Congress establishes the protected area, to protect the same
from activities that will directly and indirectly harm it. Such buffer zones shall be included in the
individual protected area management plan that shall prepared for each protected area. The DENR
shall exercise its authority over protected areas as provided in this Act on such area and designated
as buffer zones.

Section 9. Management Plans. – There shall be a general management planning strategy to serve as
guide in formulating individual plans for each protected area. The management planning strategy shall,
at the minimum, promote the adoption and implementation of innovative management techniques
including if necessary, the concept of zoning, buffer zone management for multiple use and protection,
habitat conservation and rehabilitation, diversity management, community organizing, socioeconomic
and scientific researches, site-specific policy development, pest management, and fire control. The
management planning strategy shall also provide guidelines for the protection of indigenous cultural
communities, other tenured migrant communities and sites for close coordination between and among
local agencies of the Government as well as the private sector.

Each component area of the System shall be planned and administered to further protect and enhance
the permanent preservation of its natural conditions. A management manual shall be formulated and
developed which must contain the following: an individual management plan prepared by three (3)
experts, basic background information, field inventory of the resources within the area, an assessment
of assets and limitations, regional interrelationships, particular objectives for managing the area,
appropriate division of the area into management zones, a review of the boundaries of the area, and
a design of the management programs.

Section 10. Administration and Management of the System. – The National Integrated Protected
Areas System is hereby placed under the control and administration of the Department of Environment
and Natural Resources. For this purpose, there is hereby created a division in the regional offices of
the Department to be called the Protected Areas and Wildlife Division in regions where protected areas
have been established, which shall be under the supervision of a Regional Technical Director, and
shall include subordinate officers, clerks, and employees as may be proposed by the Secretary, duly
approved by the Department of Budget and Management, and appropriated by the Congress. The
Service thus established shall manage protected areas and promote the permanent preservation, to
the greatest extent possible of their natural conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and all
of the following acts:

a. To conduct studies on various characteristic features and conditions of the different

protected areas, using commonalities in their characteristics, classify and define them into
categories and prescribe permissible or prohibited human activities in each category in the
System;
 b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for the
preservation and control of activities that may threaten the ecological balance in the protected
areas;

c. To cause the preparation of and exercise the power to review all plans and proposals for
the management of protected areas;

d. To promulgate rules and regulations necessary to carry out the provisions of this Act;

e. To deputize field officers and delegate any of his powers under this Act and other laws to
expedite its implementation and enforcement;

f. To fix and prescribe reasonable NIPAS fees to be collected from government agencies or
any person, firm or corporation deriving benefits from the protected areas;

g. To exact administrative fees and fines as authorized in Section 21 for violation of guidelines,
rules and regulations of this Act as would endanger the viability of protected areas;

h. To enter into contracts and/or agreements with private entities or public agencies as may
be necessary to carry out the purposes of this Act;

i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or
bequests of money for immediate disbursements or other property in the interest of the NIPAS,
its activities or its services;

j. To call on any agency or instrumentality of the Government as well as academic institutions,

non-government organizations and the private sector as may be necessary to accomplish the
objectives and activities of the System;

k. To submit an annual report to the President of the Philippines and to Congress on the status
of protected areas in the country;

l. To establish a uniform marker of the System, including an appropriate and distinctive symbol
for each category in the System, in consultation with appropriate government agencies and
public and private organizations;

m. To determine the specification of the class, type and style of buildings and other structures
to be constructed in protected areas and the materials to be used;

n. Control the construction, operation and maintenance of roads, trails, waterworks, sewerage,
fire protection, and sanitation systems and other public utilities within the protected area;

o. Control occupancy of suitable portions of the protected area and resettle outside of said
area forest occupants therein, with the exception of the members of indigenous communities
area; and

p. To perform such other functions as may be directed by the President of the Philippines, and
to do such acts as may be necessary or incidental to the accomplishment of the purpose and
objectives of the System.

Section 11. Protected Area Management Board. – A Protected Area Management Board for each of
the established protected area shall be created and shall be composed of the following: The Regional
Executive Director under whose jurisdiction the protected area is located; one (1) representative from
the autonomous regional government, if applicable; the Provincial Development Officer; one (1)
representative from the municipal government; one (1) representative from each barangay covering
the protected area; one (1) representative from each tribal community, if applicable; and, at least three
(3) representatives from non-government organizations/local community organizations, and if
necessary, one (1) representative from other departments or national government agencies involved
in protected area management.

The Board shall, by a majority vote, decide the allocations for budget, approve proposals for funding,
decide matters relating to planning, peripheral protection and general administration of the area in
accordance with the general management strategy. The members of the Board shall serve for a term
of five (5) years without compensation, except for actual and necessary traveling and subsistence
expenses incurred in the performance of their duties. They shall be appointed by the Secretary of the
DENR as follows:

a. A member who shall be appointed to represent each local government down to barangay
level whose territory or portion is included in the protected area. Each appointee shall be the
person designated by the head of such LGU, except for the Provincial Development Officer
who shall serve ex officio;

b. A member from non-government organizations who shall be endorsed by heads of

organizations which are preferably based in the area or which have established and
recognized interest in protected areas;

c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of
the Board and shall serve as adviser/s in matters related to the technical aspect of
management of the area; and

d. The RED shall act as chairman of the Board. When there are two (2) or more REDs in the
Board, the Secretary shall designate one (1) of them to be the Chairman. Vacancies shall be
filled in the same manner as the original appointment.

Section 12. Environmental Impact Assessment. – Proposals for activities which are outside the scope
of the management plan for protected areas shall be subject to an environmental impact assessment
as required by law before they are adopted, and the results thereof shall be taken into consideration
in the decision-making process.

No actual implementation of such activities shall be allowed without the required Environmental
Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA) system.
In instances where such activities are allowed to be undertaken, the proponent shall plan and carry
them out in such manner as will minimize any adverse effects and take preventive and remedial action
when appropriate. The proponent shall be liable for any damage due to lack of caution or indiscretion.

Section 13. Ancestral Lands and Rights Over Them. – Ancestral lands and customary rights and
interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to
govern ancestral lands within protected areas: Provided, that the DENR shall have so power to evict
indigenous communities from their present occupancy nor resettle them to another area without their
consent: Provided, however, That all rules and regulations, whether adversely affecting said
communities or not, shall be subjected to notice and hearing to be participated in by members of
concerned indigenous community.

Section 14. Survey for Energy Resources. – Consistent with the policies declared in Section 2 hereof,
protected areas, except strict nature reserves and natural parks, may be subjected to exploration only
for the purpose of gathering information on energy resources and only if such activity is carried out
with the least damage to surrounding areas. Surveys shall be conducted only in accordance with a
program approved by the DENR, and the result of such surveys shall be made available to the public
and submitted to the President for recommendation to Congress. Any exploitation and utilization of
energy resources found within NIPAS areas shall be allowed only through a law passed by Congress.

Section 15. Areas Under the Management of Other Departments and Government Instrumentalities. –
Should there be protected areas, or portions thereof, under the jurisdiction of government
instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of this Act, remain
in the said department or government instrumentality; Provided, That the department or government
instrumentality exercising administrative jurisdiction over said protected area or a portion thereof shall
coordinate with the DENR in the preparation of its management plans, upon the effectivity of this Act.

Section 16. Integrated Protected Areas Fund. – There is hereby established a trust fund to be known
as Integrated Protected Areas (IPAS) Fund for purposes of financing projects of the System. The IPAS
may solicit and receive donations, endowments, and grants in the form of contributions, and such
endowment shall be exempted from income or gift taxes and all other taxes, charges or fees imposed
by the Government or any political subdivision or instrumentality thereof.
All incomes generated from the operation of the System or management of wild flora and fauna shall
accrue to the Fund and may be utilized directly by the DENR for the above purpose. These incomes
shall be derived from:

a. Taxes from the permitted sale and export of flora and fauna and other resources from
protected areas;

b. Proceeds from lease of multiple use areas;

c. Contributions from industries and facilities directly benefiting from the protected area; and

d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed by the
PAMBs, in the amounts authorized by the DENR.

Section 17. Annual Report to Congress. – At the opening of each session of Congress, the DENR
shall report to the President, for transmission to Congress, on the status of the System, regulation in
force and other pertinent information, together with recommendations.

Section 18. Field Officers. – All officials, technical personnel and forest guards employed in the
integrated protected area service or all persons deputized by the DENR, upon recommendation of the
Management Board shall be considered as field officers and shall have the authority to investigate and
search premises and buildings and make arrests in accordance with the rules on criminal procedure
for the violation of laws and regulations relating to the protected areas. Persons arrested shall be
brought to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers
from arresting any person in the act of violating said laws and regulations.

Section 19. Special Prosecutors. – The Department of Justice shall designate special prosecutors to
prosecute violations of laws, rules and regulations in protected areas.

Section 20. Prohibited Acts. – Except as may be allowed by the nature of their categories and
pursuant to rules and regulations governing the same, the following acts are prohibited within protected
areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products

derived therefrom without a permit from the Management Board;

b. Dumping of any waste products detrimental to the protected area, or to the plants and
animals or inhabitants therein;

c. Use of any motorized equipment without a permit from the Management Board;

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural

communities (of scenic value);

e. Damaging and leaving roads and trails in a damaged condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any

business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in

bodies of water; and

i. Altering, removing destroying or defacing boundary marks or signs.

Section 21. Penalties. – Whoever violates this Act or any rules and regulations issued by the
Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of
the offenses in the preceding section shall be fined in the amount of not less than Five thousand pesos
(P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more than six (6) years, or both, as
determined by the court: Provided, that, if the area requires rehabilitation or restoration as determined
by the court, the offender shall be required to restore or compensate for the restoration to the damages:
Provided, further, that court shall order the eviction of the offender from the land and the forfeiture in
favor of the Government of all minerals, timber or any species collected or removed including all
equipment, devices and firearms used in connection therewith, and any construction or improvement
made thereon by the offender. If the offender is an association or corporation, the president or
manager shall be directly responsible for the act of his employees and laborers: Provided, finally, that
the DENR may impose administrative fines and penalties consistent with this Act.

Section 22. Separability Clause. – If any part or section of this Act is declared unconstitutional, such
declaration shall not affect the other parts or sections of this Act.

Section 23. Repealing Clause. – All laws, presidential decrees, executive orders, rules and
regulations inconsistent with any provisions of this Act shall be deemed repealed or modified
accordingly.

Section 24. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
publication in two (2) newspapers of general circulation.
REPUBLIC ACT No. 6969 October 26, 1990

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES,

PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short title. – This Act shall be known as the "Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990."

Section 2. Declaration of Policy. – It is the policy of the State to regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and
mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits
for whatever purpose; and to provide advancement and facilitate research and studies on toxic
chemicals.

Section 3. Scope. – This Act shall cover the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of all unregulated chemical substances and
mixtures in the Philippines, including the entry, even in transit as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 4. Objectives. – The objectives of this Act are:

a) To keep an inventory of chemicals that are presently being imported, manufactured, or used,
indicating, among others, their existing and possible uses, test data, names of firms
manufacturing or using them, and such other information as may be considered relevant to
the protection of health and the environment;

b) To monitor and regulate the importation, manufacture, processing, handling, storage,

transportation, sale, distribution, use and disposal of chemical substances and mixtures that
present unreasonable risk or injury to health or to the environment in accordance with national
policies and international commitments;

c) To inform and educate the populace regarding the hazards and risks attendant to the
manufacture, handling, storage, transportation, processing, distribution, use and disposal of
toxic chemicals and other substances and mixture; and

d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever purpose.

Section 5. Definition. – As used in this Act:

a) Chemical substance means any organic or inorganic substance of a particular molecular

identity, including:

i) Any combination of such substances occurring in whole or in part as a result of

chemical reaction or occurring in nature; and

ii) Any element or uncombined chemical.

b) Chemical mixture means any combination of two or more chemical substances if the
combination does not occur in nature and is not, in whole or in part, the result of a chemical
reaction, if none of the chemical substances comprising the combination is a new chemical
substance and if the combination could have been manufactured for commercial purposes
without a chemical reaction at the time the chemical substances comprising the combination
were combined. This shall include nonbiodegradable mixtures.

c) Process means the preparation of a chemical substance or mixture after its manufacture for
commercial distribution:
 i) In the same form or physical state or in a different form or physical state from that
which it was received by the person so preparing such substance or mixture; or

ii) As part of an article containing a chemical substance or mixture.

d) Importation means the entry of a products or substances into the Philippines (through the
seaports or airports of entry) after having been properly cleared through or still remaining under
customs control, the product or substance of which is intended for direct consumption,
merchandising, warehousing, or for further processing.

e) Manufacture means the mechanical or chemical transformation of substances into new

products whether work is performed by power-driven machines or by hand, whether it is done
in a factory or in the worker's home, and whether the products are sold at wholesale or retail.

f) Unreasonable risk means expected frequency of undesirable effects or adverse responses

arising from a given exposure to a substance.

g) Hazardous substances are 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 hazards or the risk of fire or
explosion; or

2) long-term environmental hazards, including chronic toxicity upon repeated

exposure, carcinogenicity (which may in some cases result from acute exposure but
with a long latent period), resistance to detoxification process such as biodegradation,
the potential to pollute underground or surface waters, or aesthetically objectionable
properties such as offensive odors.

h) Hazardous wastes are hereby defined as substances that are without any safe commercial,
industrial, agricultural or economic usage and are shipped, transported or brought from the
country of origin for dumping or disposal into or in transit through any part of the territory of the
Philippines.

Hazardous wastes shall also refer to by-products, side-products, process residues, spent
reaction media, contaminated plant or equipment or other substances from manufacturing
operations, and as consumer discards of manufacture products.

i) Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation
incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or
radioisotopes which have reached the final stage of fabrication so as to be usable for any
scientific, medical, agricultural, commercial, or industrial purpose.

Section 6. Function, Powers and Responsibilities of the Department of Environment and

Natural Resources. – The Department of Environment and Natural Resources shall be the
implementing agency tasked with the following functions, powers, and responsibilities:

a) To keep an updated inventory of chemicals that are presently being manufactured or used,
indicating, among others, their existing and possible uses, quality, test data, names of firms
manufacturing or using them, and such other information as the Secretary may consider
relevant to the protection of health and the environment;

b) To require chemical substances and mixtures that present unreasonable risk or injury to
health or to the environment to be tested before they are manufactured or imported for the first
time;

c) To require chemical substances and mixtures which are presently being manufactured or
processed to be tested if there is a reason to believe that they pose unreasonable risk or injury
to health or the environment;

d) To evaluate the characteristics of chemicals that have been tested to determine their toxicity
and the extent of their effects on health and the environment;
 e) To enter into contracts and make grants for research, development, and monitoring of
chemical substances and mixtures;

f) To conduct inspection of any establishment in which chemicals are manufactured,

processed, stored or held before or after their commercial distribution and to make
recommendations to the proper authorities concerned;

g) To confiscate or impound chemicals found not falling within said acts cannot be enjoined
except after the chemicals have been impounded;

h) To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their
disposal into the country;

i) To subpoena witnesses and documents and to require other information if necessary to carry
out the provisions of this Act;

j) To call on any department, bureau, office, agency, state university or college, and other
instrumentalities of the Government for assistance in the form of personnel, facilities, and other
resources as the need arises in the discharge of its functions;

k) To disseminate information and conduct educational awareness campaigns on the effects

of chemical substances, mixtures and wastes on health and environment; and

l) To exercise such powers and perform such other functions as may be necessary to carry
out its duties and responsibilities under this Act.

Section 7. Inter-Agency Technical Advisory Council. – There is hereby created an Inter-Agency

Technical Advisory Council attached to the Department of Environment and Natural Resources which
shall be composed of the following officials or their duly authorized representatives:

Secretary of Environment and Natural Resources Chairman

Secretary of Health Member
Director of the Philippine Nuclear Research Institute Member
Secretary of Trade and Industry Member
Secretary of Science and Technology Member
Secretary of National Defense Member
Secretary of Foreign Affairs Member
Secretary of Labor and Employment Member
Secretary of Finance Member
Secretary of Agriculture Member
Representative from a non-governmental organization on Member
health and safety

The representative from the non-governmental organization shall be appointed by the President for a
term of three (3) years.

The Council shall have the following functions:

a) To assist the Department of Environment and Natural Resources in the formulation of the
pertinent rules and regulations for the effective implementation of this Act;

b) To assist the Department of Environment and Natural Resources in the preparation and
updating of the inventory of chemical substances and mixtures that fall within the coverage of
this Act;

c) To conduct preliminary evaluation of the characteristics of chemical substances and

mixtures to determine their toxicity and effects on health and the environment and make the
necessary recommendations to the Department of Environment and Natural Resources; and
 d) To perform such other functions as the Secretary of Environment and Natural Resources
may, from time to time, require.

Section 8. Pre-Manufacture and Pre-Importation Requirements. – Before any new chemical

substance or mixture can be manufactured, processed or imported for the first time as determined by
the Department of Environment and Natural Resources, the manufacturer, processor or importer shall
submit the following information: the name of the chemical substance or mixture; its chemical identity
and molecular structure; proposed categories of use; an estimate of the amount to be manufactured,
processed or imported; processing and disposal thereof; and any test data related to health and
environmental effects which the manufacturer, processor or importer has.

Section 9. Chemicals Subject to Testing. – Testing shall be required in all cases where:

a) There is a reason to believe that the chemical substances or mixture may present an
unreasonable risk to health or the environment or there may be substantial human or
environmental exposure thereto;

b) There are insufficient data and experience for determining or predicting the health and
environmental effects of the chemical substance or mixture; and

c) The testing of the chemical substance or mixture is necessary to develop such data.

The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance
or mixture that will be manufactured, processed, or imported.

Section 10. Action by the Secretary of Environment and Natural Resources of his Duly
Authorized Representative. – The Secretary of Environment and Natural Resources or his duly
authorized representative shall, within ninety (90) days from the date of filing of the notice of
manufacture, processing or importation of a chemical substance or mixture, decide whether or not to
regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The
Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a
reasonable time.

Section 11. Chemical Substances Exempt from Pre-Manufacture Notification. – The

manufacture of the following chemical substances or mixtures shall be exempt from pre-manufacture
notification:

a) Those included in the categories of chemical substances and mixtures already listed in the
inventory of existing chemicals;

b) Those to be produced in small quantities solely for experimental or research and

developmental purposes;

c) Chemical substances and mixtures that will not present an unreasonable risk to health and
the environment; and

d) Chemical substances and mixtures that exist temporarily and which have no human or
environmental exposure such as those which exist as a result of chemical reaction in the
manufacture or processing of a mixture of another chemical substance.

Section 12. Public Access to Records, Reports or Notification. – The public shall have access to
records, reports, or information concerning chemical substances and mixtures including safety data
submitted, data on emission or discharge into the environment, and such documents shall be available
for inspection or reproduction during normal business hours except that the Department of
Environment and Natural resources may consider a record, report or information or particular portions
thereof confidential and may not be made public when such would divulge trade secrets, production
or sales figures or methods, production or processes unique to such manufacturer, processor or
distributor, or would otherwise tend to affect adversely the competitive position of such manufacturer,
processor or distributor. The Department of Environment and Natural Resources, however, may
release information subject to claim of confidentiality to a medical research or scientific institution
where the information is needed for the purpose of medical diagnosis or treatment of a person exposed
to the chemical substance or mixture.
Section 13. Prohibited Acts. – The following acts and omissions shall be considered unlawful:

a) Knowingly use a chemical substance or mixture which is imported, manufactured,

processed or distributed in violation of this Act or implementing rules and regulations or orders;

b) Failure or refusal to submit reports, notices or other information, access to records, as

required by this Act, or permit inspection of establishment where chemicals are manufactured,
processed, stored or otherwise held;

c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and

d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into
Philippines territory, including its maritime economic zones, even in transit, either by means of
land, air or sea transportation or otherwise keeping in storage any amount of hazardous and
nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties. –

a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day
and a fine ranging from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00)
shall be imposed upon any person who shall violate section 13 (a) to (c) of this Act and shall
not be covered by the Probation Law.f the offender is a foreigner, he or she shall be deported
and barred from any subsequent entry into the Philippines after serving his or her sentence;

ii) In case any violation of this Act is committed by a partnership, corporation, association or
any juridical person, the partner, president, director or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and responsible for the act of the
employee and shall be criminally liable as a co-principal;

(iii) In case the offender is a government official or employee, he or she shall, in addition to the
above penalties, be deemed automatically dismissed from office and permanently disqualified
from holding any elective or appointive position.

b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall
be imposed upon any person who shall violate section 13 (d) of this Act.f the offender is a
foreigner, he or she shall be deported and barred from any subsequent entry into the
Philippines after serving his or her sentence;

(ii) In the case of corporations or other associations, the above penalty shall be imposed upon
the managing partner, president or chief executive in addition to an exemplary damage of at
least Five hundred thousand pesos (P500,000.00).f it is a foreign firm, the director and all
officers of such foreign firm shall be barred from entry into the Philippines, in addition to the
cancellation of its license to do business in the Philippines;

(iii) In case the offender is a government official or employee, he or she in addition to the above
penalties be deemed automatically dismissed from office and permanently disqualified from
holding any elective or appointive position.

c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the Government of the
proceeds of the unlawful act and instruments, tools or other improvements including vehicles,
sea vessels, and aircrafts used in or with which the offense was committed. Chemical
substances so confiscated and forfeited by the Government at its option shall be turned over
to the Department of Environment and Natural resources for safekeeping and proper disposal.

d) The person or firm responsible or connected with the bringing or importation into the country
of hazardous or nuclear wastes shall be under obligation to transport or send back said
prohibited wastes;

Any and all means of transportation, including all facilities and appurtenances that may have
been used in transporting to or in the storage in the Philippines of any significant amount of
hazardous or nuclear wastes shall at the option of the government be forfeited in its favor.
Section 15. Administrative Fines. – In all cases of violations of this Act, including violations of
implementing rules and regulations which have been duly promulgated and published in accordance
with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby authorized
to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty thousand
pesos (P50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed
and collected by the Department of Environment and Natural Resources shall accrue to a special fund
to be administered by the Department exclusively for projects and research activities relative to toxic
substances and mixtures.

Section 16. Promulgation of Rules and Regulations. – The Department of Environment and
Natural Resources, in coordination with the member agencies of the Inter-Agency Technical Advisory
Council, shall prepare and publish the rules and regulations implementing this Act within six months
from the date of its effectivity.

Section 17. Appropriations. – Such amount as may be necessary to implement the provisions of this
Act is hereby annually appropriated and included in the budget of the Department of Environment and
Natural Resources.

Section 18. Separability Clause. – If any provision of this Act is declared void or unconstitutional, the
remaining provisions thereof not affected thereby shall remain in full force and effect.

Section 19. Repealing Clause. – All laws, presidential decrees, executive orders and issuances, and
rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in
the Official Gazette or in any newspaper of general circulation.