RA 6969 – TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990

  1. What are the chemicals and wastes that are covered by RA 6969?

Answer: Chemicals that fall within the scope of RA 6969 include mercury, cyanide, asbestos, polychlorinated biphenyls, arsenic, lead, etc. while wastes include all hazardous wastes such as infectious wastes/ pathological wastes from hospitals/ healthcare facilities busted fluorescent lamps, used car batteries, used oil, etc.

  1. What is the role of EMB VI in this law?

Answer: EMB VI implements the policies, plans, projects and activities relative to RA6969 within region VI. It guides and regulates the firms and facilities within the purview of the law.

  1. What is the proper management of hazardous waste as prescribed by RA 6969 and its IRR?

Answer: Proper management of hazardous wastes pursuant to DAO 2013-22 requires the hazardous waste generators to have a designated hazardous wastes storage facility and contract an EMB-accredited transporter for proper treatment and disposal of the wastes in an EMB-Accredited TSD Facility.

  1. Is there any requirement for hazardous waste disposal?

Answer: Hazardous Wastes disposal should be covered by the corresponding Permit to Transport and Manifest.

  1. What are the possible effects to the environment if hazardous wastes are improperly disposed?

Answer: Adverse effects to human health and the environment brought by toxic chemicals and hazardous wastes include asbestosis, arsenicosis, minamata disease, chloracne, failure of various internal organs such as liver or kidney malfunction, effects to the central nervous system, etc. depending on the exposure.

  1. What are the penalties for violating this law?

Answer: Penalties range from Php10,000.00 to 50,000.00 per violation pursuant to DAO 92-29 and DAO 2013-22

  1. How much is the cost of treatment?

Answer: The cost of transport and treatment would depend on the facility/ transporter contracted.

  1. Where can we find the list of accredited transporters and treaters (TSD Facility)?

Answer: You can look for the list of EMB accredited transporters and treaters at https://emb.gov.ph or at the hazardous wastes manifest system via https://hwms.emb.gov.ph

  1. How can we secure a Permit to transport?

Answer: You need to register as hazardous wastes generator online via https://hwms.emb.gov.ph. Once approved, you can proceed to the Permit to Transport application via emb.gov.ph
Note: For the specific requirements for DENR ID, Transporters registration, TSD Facility and Permit to Transport, you may proceed to https://emb.gov.ph

PD 1586 – ENVIRONMENTAL IMPACT STATEMENT SYSTEM

  1. What is an Environmental Impact Statement System/What Is the law that covers/guide the system?

Answer: Environmental Impact Statement System is the law itself, or it is commonly called the Philippine Environmental Impact Statement System (PIESS) or Presidential Decree 1586.
Pursuant to Section 4 of PD 1586, no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate (ECC). Presidential Proclamations 2146 and 803 have been issued defining the environmentally critical project (ECP) and environmentally critical areas (ECA).
EMB Memorandum Circular No. 2014-005 provides Coverage Screening Guidelines intended to provide clearer and updated technical definitions of ECAs and description of activities or undertakings that are projected to have significant impact to the environment and therefore covered under PIESS.

  1. What is/are its key principle?

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

  1. 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.
  2. 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.
  3. Project Proponents are responsible for determining and disclosing all relevant information necessary for a methodical assessment of the environmental impacts of their projects;
  4. The review of EIA Reports by EMB shall be guided by three (3) general criteria: (1) that environmental considerations are integrated into the overall project planning, (2) that the assessment is technically sound and proposed environmental mitigation measures are effective, and (3) that the EIA process is based on a timely, informed and meaningful public participation of potentially-affected communities;
  5. Effective regulatory review of the EIA Reports depends largely on timely, full, and accurate disclosure of relevant information by project Proponents and other stakeholders in the EIA process; and
  6. The timelines prescribed within which a decision must be issued apply only to processes and actions within the Environmental Management Bureau’s (EMB) control and do not include actions or activities that are the responsibility of the Proponent.
  1. What are the activities/program/project being conducted?

Answer: ECC and CNC Online System is a system wherein you can apply for ECC and CNC Online or at the web. However, only those identified as Non-environmentally Critical Project that is located in an Environmentally Critical Area and NOT an EIS based project can avail of this system, and for CNC only those in Category D.
We also conduct surveillance of firms that are covered by PD 1586.

  1. What are its rules and regulations?

Answer: We have this Revised Procedural Manual for DAO 2003-30 or the Implementing Rules and Regulation of Presidential Decree 1586.
The Manual derives its legal basis from Section 8.1 of DAO 2003-30 which prescribes a Manual of Procedures for the processing of applications for Environmental Compliance Certificates (ECCs) and Certificates of Non-Coverage (CNCs) within the timeframes specified in Malacañang Administrative Order No. 42 (issued in November 2002).
Consistent with the Revised Procedural Manual for DAO 2003-30, we have this Coverage Screening Guideline as mentioned earlier, this guideline provides a clearer and updated technical definitions of ECAs and description of activities or undertakings that are projected to have significant impact to the environment and therefore covered under PIESS.
It also provides procedures for determining categories of projects with multiple components and operationalization guide for ECA. Further, project listing and thresholds were updated and organized.

  1. What is the role of EMB VI in the implementation of its activities/program/project?

Answer: We are the primary government agency mandated to implement this Law. No other government agency can issue an Environmental Compliance Certificate except EMB. Only the EMB Director and Regional Director has to authority to grant or deny ECC.

RA 8749 – PHILIPPINE CLEAN AIR ACT OF 1999
Permit to Operate (PTO)

  1. What is Permit to Operate Permit?

Answer: This is the legal authorization granted by the Bureau to OPERATE or MAINTAIN any installation for a specified period of time.

  1. What is the coverage of this permit?

Answer: All sources of air pollution (stationary) must have a valid Permit to Operate with the exemption of those included in ANNEX C of EMB Memorandum Circular No. 2020-17.

  1. Who are required to apply for this permit?

Answer: Any trade, industrial plant or industry which has a process or fuel-burning equipment that is emitting air pollutants may apply for a Permit to Operate from EMB Regional Office.

  1. What are the requirements?

Answer:

  1. (NEW) – Engineers’ Report duly signed by an Engineer/PCO and Managing Head, Environmental Management Plan duly signed by the PCO and Managing Head; Application form, ECC/CNC (if applicable), DTI/SEC Cooperative Certificate of Registration (if GOCC certification form the head that said office is a government agency), Pictures/Brochure, Accredited PCO, Other requirements (as needed in the evaluation of the application/project)
  2. (RENEWAL) – Latest PTO issued, Pictures/Brochure, Latest SMR submitted (complete pages with proof of submission), Accredited PCO, ECC/CNC (if applicable), CGA/RATA, Emission Test Plan/Report, Ambient Test Report, Application form, other requirements (as needed in the evaluation of the application/project). Take Note: Requirements shall be systematically available in STEP 6 based on the source classification.
  1. What is the process on this online permit application?

Answer: Please refer to EMB Memorandum Circular 2020-17 for the Users’ Manual.

  1. What is the validity of a permit?

Answer: The validity of permit is approximately ninety (90) days to 5 years depending on the project/application APSI. On the other hand, permit fee is based on the guidelines set under DENR Administrative Order No. 28 Series of 2016.

  1. How do we monitor the compliance of those that have been issued with permit?

Answer: EMB can check their compliance based on the stipulated guidelines of the IRR. The office has the authority to check the details of the permit issued pertaining to the capacity of the Air Pollution Source Equipment/ Installation (APSE/I), its expiration and compliance to the emission standards. If the permittee will be found in violation of the applicable laws, a Notice of Violation shall be issued and fines and penalties shall be imposed.

  1. How do you act on complaints regarding violations on the conditions of permit?

Answer: In case of complaint involving the operation of an APSE covered with permit to operate issued by this Office, EMB personnel shall take into account the validity of the issued permit, the capacity of APSE and operating condition that might be the cause of such complaint. The office through its technical personnel shall take action immediately within 72 hours from the time the complaint was received by this office and if needed, a notice of violation shall be issued and all concerned individuals shall be called for a technical meeting for the resolution of the case.

RA 9275 – PHILIPPINE CLEAN WATER ACT OF 2004
Wastewater Discharge Permit (WDP)

  1. What is the coverage of this permit?

Answer: WDP is a legal authorization granted by the DENR-EMB for the discharge of wastewater.

  1. Who are required to apply for this permit?

Answer: The permit is applicable to all owners and operators of facilities that discharge regulated effluents.

  1. What are the requirements?

Answer: The requirements for WDP are the following:
(Registration/ Creation of Account)

  1. Any Valid Government ID
  2. Company ID (If Available/Optional)
  3. SEC Registration/ DTI (If Available/Optional)

(WDP Renewal Online Application Attachments)
Requirements:

  1. Notarized WDP Application Form (Computer Generated)
  2. Copy of Valid PCO Accreditation/ Letter Designation as PCO from the Managing Head
  3. Copy of Latest Self-Monitoring Report
  4. Copy of ECC/ CNC (As Applicable)
  5. Copy of Results of Laboratory Analysis
  6. Copy of Latest Issued Wastewater Discharge Permit
  7. Payment of Fees – Computer Generated (Filing Fee and Load Based Fee)

WDP NEW ONLINE APPLICATION
WDP online application can be accessed at www.emb.gov.ph or opms.emb.gov.ph
Requirements for:
Registration/ Creation of Account

  1. Any Valid Government ID
  2. Company ID (If Available/Optional)
  3. SEC Registration/ DTI (If Available/Optional)

  WDP New Online Application Attachments

  1. Duly accomplished/ notarized application form (computer generated)
  2. Engineer’s report consisting of:
  3. vicinity map identifying the street address, location or plant premise;
  4.   the nature of project or business;
  5. production capacity; quantity or volume and the generic name(s) of products(s);
  6. the nature and character of the applicant’s wastewater and its physical and chemical composition;
  7. total daily volume of discharge of raw wastewater;
  8. treatment process and estimated treatment efficiency;
  9. the total daily volume of water consumption and discharge of final treated wastewater or effluent;
  10. Pollution Prevention / Environmental Management System;
  11. DENR ID Number as hazardous waste generator (if applicable).
  12. Statement of the cost incurred in the installation and maintenance of wastewater treatment facility, if any.
  13. Quality and quantity of abstracted water;
  14. Copy of ECC or CNC, as applicable
  15. Payment of Fees – Computer Generated (Filing Fee and Load Based Fee)

Plant and drainage layout indicating the sources of wastewater discharge and point of disposal
Detailed plans and elevations of each stages of treatment system in a standard format of 50 cm by 90 cm duly signed by sanitary or chemical engineer
A copy of the Certificate of Accreditation of the Pollution Control Officer duly issued by the Department, or appointment/designation as such by the Managing Head.

  1. What is the process in applying for WDP?

Answer: Please see the attached step-by-step procedure for the submission of application/applying for WDP.

  1. How do we monitor the compliance of those that have been issued with permit?

Answer: Monitoring of permit conditions thru desk and field monitoring of technical personnel of EMB VI.

RA 9003 – ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

  1. Is open burning of municipal solid waste allowed?

Answer: No. Per Section 1(c), Rule XVIII of the Implementing Rules and Regulations of the Republic Act No. 9003, the practice of open dumping is prohibited. Any person who violates this provision shall be fined in the amount not less than three hundred pesos but not more than one thousand pesos and/or be penalized with imprisonment of not less than fifteen days to not more than fifteen days.

  1. What is the difference between an open dumpsite and a sanitary landfill?

Answer: An open dumpsite is a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards. This type of disposal is prohibited under RA 9003.  A sanitary landfill is waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential impacts arising from the development and operation of the facility. Unlike an open dumpsite, this type of disposal is encouraged by RA 9003.

  1. As an Official of a Barangay Government Unit that implements solid waste management programs/system, are we allowed to collect solid waste management service fees from our constituents?

Answer: As part of cost recovery mechanisms, the Republic Act No. 9003 provides power to the LGUs to collect solid waste management fees. The Barangay may impose fees for collection and segregation of biodegradable, compostable, and reusable wastes from households, commerce, other sources of domestic wastes, and for the use of barangay materials recovery facilities. The reasonable fees shall be computed based on but not limited to the minimum factors on the types of solid waste, the amount/volume of waste, the capacity or type of LGU constituency, cost of construction, cost of management, and type of technology.

  1. I am resident of a barangay that implements solid waste management. As part of the collection system of the barangay, the barangay requires the collector to segregate our mixed wastes upon collection. Is this allowed by law?

Answer: Under Republic Act No. 9003, the segregation of waste shall be primarily conducted at the source to include household, institutional, industrial, commercial and agricultural sources. Thus, each source shall have separate container for each type of waste and that the wastes collectors shall only collect source-segregated wastes.

  1. Is the Materials Recovery Facility (MRF) required to be covered by ECC? Does the LGU need to apply for ECC for its MRF?

Answer: Under Presidential Decree No. 1586, a proponent shall secure an Environmental Compliance Certificate for a proposed materials recovery facility (MRF) when the proposed facility has a composting facility as its component generating an annual rated/production rate of >3,750 MT of compost. Otherwise, the proponent may apply for a Certificate of Non-Coverage.

LEGAL CONCERNS

  1. What is the process in paying the penalty?

Answer: Payment for the imposed penalty can be made directly at the EMB VI Regional Office.

  1. Can we pay via bank transfer?

Answer: No. At present, this Office does not allow bank to bank transactions or online payment.

  1. How to settle our penalties?

Answer: Pay the whole amount or request for staggered payment by filing a request letter.

  1. What is the meaning of NOV?

Answer: NOV stands for Notice of Violation (NOV) a written notice stating the specific violations of law or rules and regulations, as well as other information pertinent thereto, in the format prescribed by the EMB. The NOV shall require the respondent to submit a position paper and attend a virtual Technical Conference.

  1. What is the process of Technical Conference?

Answer: A NOV/Summons for Technical Conference or Invitation for TC should be issued to the concerned person/firm with the scheduled date and time or email link in case of virtual technical conference.

  1. We were not able to attend the TC, what will happen next?

Answer: You may request for a re-scheduling of TC. The same may be granted for a valid reason otherwise, non-attendance will be considered as waiver and the case/issue will be decided based on the available records.

  1. What is PAB?

Answer: PAB stands for Pollution Adjudication Board.