Environmental

Legislation and
Review Processes

Introduction

Environmental legislation is the collection of laws and regulations pertaining to air

quality, water quality, the wilderness, endangered wildlife and other environmental
factors. The umbrella of environmental legislation covers many laws and regulations,
yet they all work together toward a common goal, which is regulating the interaction
between man and the natural world to reduce threats to the environment and increase
public health.

As you might imagine, environmental legislation is a broad topic, mainly because the
natural environment encompasses so many different aspects. So, environmental laws
need to consider everything, from the air we breathe to the natural resources we rely on
to the plants and animals that share this world with us.

To better understand environmental law, let's look at an example. Let's say that an
energy company wants to build a coal-burning power plant to create electricity for the
community. Where should this power plant be built? What type of pollutants might result
from the coal burning, and what measures will need to be taken to control harmful
emissions? If the power plant is built at the edge of town to lessen air pollution for the
human population, how will this impact lesser species that inhabit the land downwind of
the plant? These are all considerations to be evaluated within the scope of
environmental law.
National Environmental Policy Act

Congress enacted NEPA to establish a national policy for the environment, provide for
the establishment of the Council on Environmental Quality (CEQ), and for other
purposes. NEPA was the first major environmental law in the United States and is often
called the "Magna Carta" of Federal environmental laws. NEPA requires Federal
agencies to assess the environmental effects of proposed major Federal actions prior to
making decisions. President Nixon signed the National Environmental Policy Act into
law on January 1, 1970.

Section 101 of NEPA sets forth a national policy "to use all practicable means and
measures, including financial and technical assistance, in a manner calculated to foster
and promote the general welfare, to create and maintain conditions under which man
and nature can exist in productive harmony, and fulfill the social, economic, and other
requirements of present and future generations of Americans."

Section 102 of NEPA establishes procedural requirements, applying that national policy
to proposals for major Federal actions significantly affecting the quality of the human
environment by requiring Federal agencies to prepare a detailed statement on: (1) the
environmental impact of the proposed action; (2) any adverse effects that cannot be
avoided; (3) alternatives to the proposed action; (4) the relationship between local
short-term uses of man’s environment and the maintenance and enhancement of
long-term productivity; and (5) any irreversible and irretrievable commitments of
resources that would be involved in the proposed action.

NEPA ensures agencies consider the significant environmental consequences of their

proposed actions and inform the public about their decision making. Countries and
non-governmental organizations all over the globe have created their own
environmental impact assessment programs, modeled upon NEPA, making NEPA an
international catalyst in the field of environmental protection.

The Council on Environmental Quality

NEPA established CEQ within the Executive Office of the President to ensure that
Federal agencies meet their obligations under NEPA. CEQ oversees NEPA
implementation, principally through issuing guidance and interpreting regulations that
implement NEPA's procedural requirements. CEQ also reviews and approves Federal
agency NEPA procedures, approves alternative arrangements for compliance with
NEPA for emergencies, and helps to resolve disputes between Federal agencies and
with other governmental entities and members of the public. One of CEQ's major
responsibilities is also to develop and recommend national policies to the President that
promote the improvement of environmental quality and meet the Nation's goals.

CEQ comprehensively updated its NEPA implementing regulations – 40 CFR Parts

1500-1508, first issued in 1978 – to modernize provisions, streamline infrastructure
project development, and promote better decision making by the Federal government.
See the Regulations page for information on the final rule CEQ that was published on
July 16, 2020, and became effective on September 14, 2020.

National Environmental Policy Act Review Process

The National Environmental Policy Act (NEPA) process begins when a federal agency
develops a proposal to take a major federal action. These actions are defined at 40
CFR 1508.1. The environmental review under NEPA can involve three different levels
of analysis:

1. Categorical Exclusion determination (CATEX)

2. Environmental Assessment/Finding of No Significant Impact (EA/FONSI)

3. Environmental Impact Statement (EIS)

Categorical Exclusion Determination (CATEX)

A federal action may be "categorically excluded" from a detailed environmental analysis

when the federal action normally does not have a significant effect on the human
environment. The reason for the exclusion is generally detailed in NEPA procedures
adopted by each federal agency.

Environmental Assessment/Finding of No Significant Impact (EA/FONSI)

A federal agency can determine that a Categorical Exclusion (CATEX) does not apply to
a proposed action. The federal agency may then prepare an Environmental Assessment
(EA). The EA determines whether or not a federal action has the potential to cause
significant environmental effects. Each federal agency has adopted its own NEPA
procedures for the preparation of EAs. See NEPA procedures adopted by each federal
agency.

Generally, the EA includes a brief discussion of:

• The purpose and need for the proposed action

• Alternatives (as required by section 102(2)(E) of NEPA)

• The environmental impacts of the proposed action and alternatives · A

listing of agencies and persons consulted.

Based on EA, the following actions can occur

• If the agency determines that the action will not have significant
environmental impacts, the agency will issue a Finding of No
Significant Impact (FONSI). A FONSI is a document that presents the
reasons why the agency has concluded that there are no significant
environmental impacts projected to occur upon implementation of the
action.

• If the EA determines that the environmental impacts of a proposed

Federal action will be significant, an Environmental Impact Statement
is prepared.

Environmental Impact Statements (EIS)

Federal agencies prepare an Environmental Impact Statement (EIS) if a proposed major

federal action is determined to significantly affect the quality of the human environment.
The regulatory requirements for an EIS are more detailed and rigorous than the
requirements for an EA.

Summary of EIS Process

1. An agency publishes a Notice of Intent in the Federal Register. The Notice

of Intent informs the public of the upcoming environmental analysis and
describes how the public can become involved in the EIS preparation.
 This Notice of Intent starts the scoping process, which is the period in which
the federal agency and the public collaborate to define the range of issues
and potential alternatives to be addressed in the EIS.

2. A draft EIS is published for public review and comment for a

minimum of 45 days.

Upon close of the comment period, agencies consider all substantive

comments and, if necessary, conduct further analyses.

3. A final EIS is then published, which provides responses to substantive

comments.

Publication of the final EIS begins the minimum 30-day "wait period," in which
agencies are generally required to wait 30 days before making a final
decision on a proposed action.

EPA publishes a Notice of Availability in the Federal Register, announcing the

availability of both draft and final EISs to the public.

4. The EIS process ends with the issuance of the Record of Decision (ROD).

The ROD:

• explains the agency's decision,

• describes the alternatives the agency considered, and

• discusses the agency's plans for mitigation and monitoring, if

necessary.

What is included in an EIS?

• Cover Sheet. Includes, among other things,

a. The name of the lead agency and any cooperating agency

b. Agency contact information

c. The title of the proposed action and its location

d. A paragraph of abstract of the EIS

 e. The date when comments must be received.

• Summary. A summary of the EIS, including the major conclusions, area of

disputed issues, and the issues to be resolved.

• Table of Contents. Assists the reader in navigating through the EIS.

• Purpose and need statement. Explains the reason the agency is proposing
the action and what the agency expects to achieve.

• Alternatives. Consideration of a reasonable range of alternatives that can

accomplish the purpose and need of the proposed action.

• Affected environment. Describes the environment of the area to be affected

by the alternatives under consideration.

• Environmental consequences. A discussion of the environmental effects and

their significance.

• Submitted alternative, information, and analyses. A summary that identifies

all alternatives, information, and analyses submitted by state, tribal, and local
governments and other public commenters for consideration during the
scoping process or in developing the final EIS.

• List of preparers. A list of the names and qualifications of the persons who

were primarily responsible for preparing the EIS.

• Appendices. (if required) Appendices provide background materials prepared

in connection with the EIS. For a detailed explanation read 40 CFR Part 1502.

What is a supplement to the EIS required?

A supplement to a draft or final EIS is required when any of the following occurs:

• An agency makes substantial changes to the proposed action that are relevant
to its environmental concerns.

• There are significant new circumstances or information relevant to the

environmental concerns that have bearing on the proposed action or its
impacts.
 If an agency decides to supplement its EIS, it prepares, publishes and files the
supplemental EIS in the same fashion as a draft or final EIS.

Major Environmental Laws in the Philippines

PD 1586 Environmental Impact Statement (EIS) Statement of 1978

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

PD 1586 IRR Article 1 Basic Policy, Operating Principles, Objectives, and

Definition of Terms

Section 1 – Basic Policy and Operating Principles

Consistent with the principles of sustainable development, it is the policy of the DENR to
implement a systems-oriented and integrated approach to the EIS system to ensure a
rational balance between socio-economic development and environmental protection for
the benefit of present and future generations.

The following are the key operating principles in the implementation of the Philippine
EIS System:

a) The EIS System is concerned primarily with assessing the direct and indirect
impacts of a project on the biophysical and human environment and ensuring that
these impacts are addressed by appropriate environmental protection and
enhancement measures.

b) The EIS System aids proponents in incorporating environmental considerations in

planning their projects as well as in determining the environment’s impact on their
project.
c) Project proponents are responsible for determining and disclosing all relevant
information necessary for a methodical assessment of the environmental impacts of
their projects;

d) The review of the EIS by EMB shall be guided by three general criteria: (1) that
environmental considerations are integrated into the overall project planning, (2) that
the assessment is technically sound and proposed environmental mitigation
measures are effective, and (3) that social acceptability is based on informed public
participation;

e) Effective regulatory review of the EIS depends largely on timely, full, and accurate
disclosure of relevant information by project proponents and other stakeholders in
the EIA process;

f) The social acceptability of a project is a result of meaningful public participation,

which shall be assessed as part of the Environmental Compliance Certificate (ECC)
application, based on concerns related to the project’s environmental impacts;

g) The timelines prescribed by this Order, within which an Environmental Compliance

Certificate must be issued or denied, apply only to processes and actions within the
Environmental Management Bureau (EMB) control and do not include actions or
activities that are the responsibility of the proponent.

Section 2 – Objectives

The objective of this Administrative Order is to rationalize and streamline the EIS
System to make it more effective as a project planning and management tool by:

a) Making the System more responsive to the demands and needs of the project
proponents and the various stakeholders;

b) Clarifying the coverage of the System, and updating it to take into consideration
industrial and technological innovations and trends;

c) Standardizing requirements to ensure focus on critical environment parameters;

d) Simplifying procedures for processing ECC applications, and establishing

measures to ensure adherence to ECC conditions by project proponents, and

e) Assuring that critical environmental concerns are addressed during project

development and implementation.
RA 6969 Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990

The law aims to regulate, restrict or prohibit the importation, manufacture, processing,
sale, distribution, use and disposal of chemical substances and mixtures the present
unreasonable risk to human health. It likewise prohibits the entry, even in transit, of
hazardous and nuclear wastes and their disposal into the Philippine territorial limits for
whatever purpose; and to provide advancement and facilitate research and studies on
toxic chemicals.

RA 6969 IRR Chapter 1 General Provisions

Section 2 – Declaration 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 Philippine
territorial limits for whatever purpose; and to provide advancement and facilitate
research and studies on toxic chemicals and hazardous; and nuclear wastes.

RA 6969 IRR Chapter 2 Administrative Provision

Section 7 – Powers and functions of the Department of the Environment and

Natural Resources

The Department of Environment and Natural Resources shall be 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, quantity, 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 reason to believe that they pose
unreasonable risk or injury to health and 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 the standards set by
these Rules and Regulations and the 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 witness 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 campaign on the

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

l) To exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under RA 6969.

RA 6969 Chapter 3 Inter-Agency Technical Advisory Council

Section 12 – Composition of the Inter-Agency Technical Advisory Council

The Interagency Technical Advisory Council shall be composed of the following officials
or their duly authorized representatives:

Secretary of Environment and Natural Resources – Chairman

Secretary of Health - 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

Director of Philippine Nuclear Research Institute - Member

Representative from non-governmental organization on health and safety - Member

The representative from the non-governmental organization shall be appointed by the

President for a term of three (3) years.

RA 8749 Philippine Clean Air Act of 1999

The law aims to achieve and maintain clean air that meets the National Air Quality
guideline values for criteria pollutants, throughout the Philippines, while minimizing the
possible associated impacts to the economy.

RA 8749 IRR Part 1 General Provisions Rule 2 Declaration of State Policy Section
1 – Declaration of Policy

It is the policy of the State to protect and advance the right of people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. It is also the policy
of the State to attain and maintain a balance between development and environmental
protection. Finally, it is the policy of the State to maintain a quality of air that protects
human health and welfare.
RA 8749 IRR Part 1 General Provisions Rule 4 Air Quality Policies

Section 1 – Air Quality Policies It is

the policy of the State to:

a. Formulate a comprehensive national program of air pollution management that

shall

be implemented by the government through proper delegation and effective

coordination of functions and activities;

b. Encourage cooperation and 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.

RA 8749 IRR Part 1 General Provisions Rule 5 Rights

Section 1 – Recognition of Rights

Pursuant to the above-declared principles, the following rights of citizens are hereby
sought to be recognized and the State shall seek to guarantee their enjoyment: a. The
right to breathe clean air;

b. The right to utilize and enjoy all natural resources according to the principles of
sustainable development;

c. The right to participate in the formulation, planning, implementation and monitoring

of environmental policies and programs and in the decision-making process;
d. The right to participate in the decision-making process concerning development
policies, plans and programs projects or activities that may have adverse impact on
the environment and public health;

e. The right to be informed of the nature and extent of the potential hazard of any
activity, undertaking or project and to be served timely notice of any significant rise
in the level of pollution and the accidental or deliberate release into the atmosphere
of harmful or hazardous substances;

f. The right of access to public records which a citizen may need to exercise his or her
rights effectively under this Act;

g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in
violation of environmental laws and regulations, to compel the rehabilitation and
cleanup of affected area, and to seek the imposition of penal sanctions against
violators of environmental laws; and

h. The right to bring action in court for compensation of personal damages resulting
from the adverse environmental and public health impact of a project or activity.

RA 8749 IRR Part 5 Air Quality Management System Rule 15 Airsheds

Section 5 – Composition and Organizational Set-up of the Board

Each Governing Board shall be headed by the Secretary of the Department as

chairman. The members shall be as follows:

(a) Provincial Governors from areas belonging to the airshed;

(b) City/Municipal Mayors from areas belonging to the airshed;

(c) A representative from each concerned government agency;

(d) Representatives from people's organizations;

(e) Representatives from non-government organizations; and (f) Representatives

from the private sector.

There shall be two Deputy Chairpersons, namely, the Department Regional Executive
Director and Regional Director in the region where the airshed is located. It is expected
that the ratio of the number of Board representatives from government agencies to
those from non-government agencies or organizations will be on the order of 60/40.
RA 8749 IRR Part 5 Air Quality Management System Rule 15 Airsheds

Section 6 – Functions of the Board

Each Governing Board shall perform the following functions within its jurisdiction
(airshed):

(a) Formulation of policies and standard-setting;

(b) Preparation of a common action plan;

(c) Coordination of functions among its members; and

(d) Submission and publication of an annual Air Quality Status Report for each
airshed.

RA 9003 Ecological Solid Waste Management Act of 2000

In partnership with stakeholders, the law aims to adopt a systematic, comprehensive

and ecological solid waste management program that shall ensure the protection of
public health and environment. The law ensures proper segregation, collection, storage,
treatment and disposal of solid waste through the formulation and adaptation of best
eco-waste products.

RA 9003 IRR Part 1 General Provisions Rule II Declaration of State Policy Section
1 – Declaration of Policies

It is the policy of the State to adopt a systematic, comprehensive and ecological solid
waste management program which shall:

a) Ensure the protection of public health and environment;

b) Utilize environmentally-sound methods that maximize the utilization of valuable

resources and encourage resources 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, reuse, 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 practices 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) Strengthen 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.

RA 9003 IRR Part 2 Institutional Structures and Mechanisms Rule IV Oversight

Arrangements

Section 1 – Powers and Functions of the National Solid Waste Management

Commission

A National Solid Waste Management Commission, hereinafter referred to as the

Commission, and under the Office of the President, is hereby established. The
Commission is tasked to oversee the implementation of solid waste management plans
and prescribe policies to achieve the objectives of the 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 boards the preparation, modification, and
implementation of 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 violation of

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 purposes
of ensuring relevance and efficiency in achieving the objectives of the 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 a solid waste management recycling plant or facility;

p) Formulate and update a list of non-environmentally acceptable materials in

accordance with the provisions of the 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 the following:

1. Standards, criteria and guidelines for the promulgation and implementation of an

integrated national solid waste management framework; and

2. Criteria and guidelines for siting, design, operation and maintenance of solid waste
management facilities.

Section 2 – Composition and Membership of the Commission

The Commission shall be composed of fourteen (14) members from the government
sector and three (3) members from the private sector. The heads of the following
agencies, in their ex-officio capacity, shall represent the government sector: a.
Department of Environment and Natural Resources (DENR);

b. Department of Interior and Local Government (DILG);

c. Department of Science and Technology (DOST);

d. Department of Public Works and Highways (DPWH);

e. Department of Health (DOH);

 f. Department of Trade and Industry (DTI);

g. Department of Agriculture (DA);

h. Metro Manila Development Authority (MMDA);

i. League of Provinces of the Philippines (LPP);

j. League of Cities of the Philippines (LCP);

k. League of Municipalities of the Philippines (LMP);

l. Liga ng Mga Barangay;

m. Technical Education and Skills Development Authority (TESDA); and

n. Philippine Information Agency (PIA).

The private sectors are to be represented by the following:

a. A representative from non-government organizations (NGOs) whose principal

purpose is to promote recycling and the protection of air and water quality; b. A
representative from the recycling industry; and

c. A representative from the manufacturing or packaging industry.

The Department Secretary and a private sector representative of the Commission shall
serve as chairman and vice-chairman, respectively. The Commission may, from time to
time, call on any other concerned agencies or sectors as it may deem necessary. The
Secretaries/Heads of the member agencies of the Commission shall formulate action
plans for their respective agencies to complement the National Solid Waste
Management Framework.

RA 9003 IRR Part 2 Institutional Structures and Mechanisms Rule V Support

Institutional Mechanisms

Section 1 – Role of the National and Regional Ecology Centers

Under the Commission, a National Ecology Center is to be established headed by the

Director of the EMB in his ex-officio capacity. Regional Ecology Centers will also be
established headed by EMB Regional Directors in their ex-officio capacity. The Ecology
Centers shall provide technical expertise, information, training and networking services
for the implementation of the provisions of the Act. The Center shall specifically perform
the following functions:

a) Facilitate training and education in integrated ecological solid waste management

through the following:

1. formulation of training program for LGUs and private sector on the proper
management of solid wastes;

2. development of training program on the technical operations of solid waste

management facilities;

3. formulation of training program for deputized enforcers and implementers

4. development of an accreditation and certification system for the conduct

and holding of training programs on solid waste management; and

5. in collaboration with the Department of Education (DepEd) develop an

education program that will promote an effective solid waste management
systems.

b) Establish and manage a comprehensive solid waste management information

database and dissemination system focusing, inter alia, on the following areas:

1. in collaboration with DTI, a solid waste generation and management

techniques as well as the management, technical and operational approaches
to resource recovery;

2. in collaboration with DTI and processors/recyclers, the list of materials

being recycled or brought by them and their respective prices; and

3. in coordination with DTI information on cleaner production/cleaner

technologies that promote efficient solid waste management.

c) Promote the development of a recycling market through the establishment of a

national recycling network that will enhance the opportunity for recycling;

d) Act as the hub for networking of LGUs, NGOs and industry on voluntary compliance
of the pertinent provisions of the Act;

e) Provide or facilitate expert assistance in pilot modeling of solid waste management

facilities including technologies and techniques for effective solid waste
management;
f) Develop, test and disseminate model waste minimization and reduction auditing
procedures for evaluation options; and

g) Act as the clearinghouse for cleaner production/cleaner technologies on solid waste

management.

The Ecology Centers shall give primary consideration of making all the information
generated, collected, recorded and stored accessible to the general public. Said
information shall include data for solid waste management plans, the National
Framework, the National Status Report and all other relevant information necessary to
ecological solid waste management.

RA 9275 Philippine Clean Water Act of 2004

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

RA 9275 IRR Chapter 1 General Provisions Article 1 Declaration of Principles and

Policies

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) To 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.

RA 9725 IRR 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 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 where it is a member

The governing board shall formulate strategies to coordinate policies necessary for the
effective implementation of the 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 effect 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 Philippine Bar

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,

Environmental Engineer or Ecologist or have significant training and experience in
chemistry;

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

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

Sub Section 5.4 – Functions of the Board

Each Governing Board shall perform the following functions within jurisdiction: a)
Prepare and publish on a regular basis a Water Quality Status

b) Report for the WQMA and submit a copy to the Department for consolidation into
the National Water Quality Status Report
 c) Formulate strategies to coordinate policies/regulations/local legislation necessary
for the effective implementation of this Act in accordance with those established in
the Framework

d) Review the initial WQMA Action Plan prepared by the Department and draft a
common and integrated compliance plan. Thereafter, prepare a draft Action Plan
for succeeding periods for submission to the Department

e) Monitor and facilitate the compliance of local governments with the WQMA Action

Plans

f) Coordinate relevant activities among its member and member agencies and
facilitate resolution of conflicts

g) Undertake complementary interventions for non-point sources, considering their

greater contribution to pollution.

Review Question 3

Answer the following questions below. Upload the pdf/jpeg file of your answers in the
specified classwork in your Google Classroom. Affix and sign the Honesty Statement

1. What are the 3 different levels of analysis in NEPA Review Process? Differentiate.

2. Explain which Philippine environmental law did some establishments near Manila
Bay violated.

3. Enumerate the Major Environmental Laws in the Philippines and briefly explain its
purpose.