Environmental Laws

Practice Mind Mapping

• Associate everything you review.
• Remember key words.
• International laws are needed for unified solutions to problems.
  • It was the first time for countries to exchange environmental issues; Sweden was in charge of environmental programs.
  • Brunatland Commission was to know the relationship between development and the environment.
  • Largest gathering to reaffirm the Stockholm Conference in Brazil.
  • Principle 1: Humans are the center of sustainable development. Shared resources, acknowledge green house gases.
  • Agenda 21 is the mother of SDG (Sustainable Development Goals).
    • Set by 15 years, check every 5 years and mid-term.
    • 20 years after the Earth Summit, extended because MPG (Millennium Development Goals) could not be achieved (specific).
    • Extended for 15 years. Toxic waste from developed countries gets dumped in developing countries.

Dirty Dozen

• Dirty dozen consists of 12 chemicals that are volatile and affect humans, known as C12 chemicals.
• Example: DDT (for lamok or Malaria problem) in Philippine Environmental laws (from President Senate Bill-Senate version for bills).

Department Administrative Order (DAO)

• Environmental Engineering from President or different departments.
• An act of a Cabinet or Department Secretary which implements rules pursuant to his/her duties as administrative head of government.
  • Ex. DENR AO 2016-08 (Water Quality Guidelines and General Effluent Standards of 2016)

Ordinance

• A local law passed by the local legislative body of the province, city, municipality, or barangay and approved by the chief executive officer of the respective entity.
  • Ex. Ordinance 8730 (Manila Urban Housing Ordinance)

Philippine environmental laws

Constitutional provisions

• Article I: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein.
• Article II, Section 15: The State shall protect and promote the right to health of the people.
• Article II, Section 16: The State shall protect and advance the right of the people to a balanced and healthful ecology.
• Article XII, Section 2: All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.
  • The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
  • The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
  • The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country.
• Article XII, Section 5: The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.
  • The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.
• Article XIII, Section 7: The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore.
  • It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

General Legislations (Environment)

• PD 1151 (Philippine Environmental Policy)
  • Section 3 - Right to a Healthy Environment
    • In furtherance of these goals and policies, the Government recognizes the right of the people to a healthy environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment.
  • Section 4 - Environmental Impact Statement
  • Approved: June 6, 1977
• PD 1152 (Philippine Environment Code)
  • Establishing specific environment management policies and prescribing environment quality standards.
  • Titles:
    • Air Quality Management
    • Water Quality Management
    • Land Use Management
    • Natural Resources Management and Conservation
    • Waste Management
  • Approved: June 6, 1977

PD 1586 (Establishment of the Environmental Impact Statement (EIS) System)

• Declares Environmentally Critical Projects (ECPs) and projects within Environmentally Critical Areas (ECAs) as projects which require the submission of EIS 4environmental critical project
• The EIS could be an Environmental Impact Study (EIS) or Initial Environmental Examination (IEE)
• Approved: June 11, 1978

Proclamation 2146

• 12 ECAS (Environmentally Critical Areas)
  • Proclaiming certain areas and types of projects as environmentally critical and within the scope of the environmental impact statement system established under Presidential Decree No. 1586
  • Approved: December 14, 1981
• ECA - area as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located, developed, or implemented in it.
• ECP - project or program that has high potential for significant negative environmental impact

Environmentally critical areas

1. National Parks
   • All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;
   • National parks refer to forest land reservations essentially of primitive wilderness character which have been withdrawn from settlement or occupancy and set aside as such, exclusively to preserve the scenery, natural and historic objects and the wild animals and plants therein to provide enjoyment of these features in such a manner as will have them unimpaired for future generations.
   • Watershed Reserves refer to forest land reservations established to improve the quality or condition of the water yield thereof or reduce sedimentation.
   • Wildlife preserves refer to forest lands designated for the protection of game animals, birds and fishes and closed to hunting and fishing in order that the excess may flow and restock surrounding areas.
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna);
   • Indeterminate species shall refer to plant or animal species which are apparently endangered but where insufficient data are currently available for a reliable assessment.
   • Threatened species shall refer to any plant or animal species which is likely to become endangered species within the foreseeable future throughout all or just a significant portion of its range.
   • Rare species shall refer to plant or animal species which are not under immediate threat of extinction but occurs in small numbers.
   • Endangered species shall refer to plant or animal species which are actively threatened with extinction and whose survival are unlikely without protective measures.
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities geologic hazards, floods, typhoons, volcanic activity, etc.
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
   • Prime Agricultural Land - refers to land that can be used for various or specific agricultural activities and can provide optimum and sustainable yield with minimum inputs and development costs as determined by DA (DAO 2017-01)
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions;
    • tapped for domestic purposes;;
    • within the controlled and/or protected areas declared by appropriate authorities;
    • which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any combination or the following conditions:
    • with primary pristine and dense young growth;
    • adjoining mouth of major river systems;
    • near or adjacent to traditional productive fry or fishing grounds;
    • which act as natural buffers against shore erosion, strong winds and storm floods;
    • on which people are dependent for their livelihood.
12. Coral reef characterized by one or any combination of the following conditions:
    • with 50% and above live coralline cover;
    • spawning and nursery grounds for fish;
    • which act as natural breakwater of coastlines

Environmentally Critical Projects

1. Heavy Industries
   • Environmentally Critical Project
   • a. Non-ferrous metal industries
   • b. Iron and steel mills
   • c. Petroleum and petro-chemical industries including oil and gas
   • d. Smelting plants
2. Resource Extractive Industries
   • a. Major mining and quarrying projects
   • b. Forestry projects
   • c. Dikes for/and fishpond development projects
3. Infrastructure Projects
   • a. Dams
   • b. Power plants
   • c. Reclamation projects
   • d. Roads and bridges
4. Golf Course

• Non-ferrous metal industries
  • Organized and coordinated arrangement of manufacturing processes designed to prepare, smelt, process or recycle non-ferrous metals in marketable products
• Iron and steel mills
  • Organized and coordinated arrangement of manufacturing processes designed to prepare or smelt or process iron ores, steel scraps or primary iron and steel mill products into marketable products except when process involves reheating or resizing only.
• Petroleum and petro-chemical industries including oil and gas
  • Organized and coordinated arrangement of manufacturing processes designed to physically and/or chemically transform petroleum and its derivatives into marketable products
• Smelting plants
  • Organized and coordinated arrangement of manufacturing processes designed to smelt metals or alloys and cast the same into some special form
• Resource Extractive Industries
  • a. Major mining and quarrying projects
    • Projects involving the extraction and processing of metals, metalliferous ores, fuel, precious stones, clays, fertilizers and other earth-based materials on a commercial scale
  • b. Forestry projects
    • Projects involving the extraction, harvesting and/or processing of timber and other forest product on a commercial scale
  • c. Dikes for fishpond development projects
    • Natural or artificial water impoundment involving construction of dikes, establishment of fish cages and similar undertakings for aquaculture purposes or salt production
• Infrastructure Projects
  • a. Dams
    • Dams change the natural ecosystem that exist
    • Impoundment structures and appurtenances
  • b. Power plants
    • Power generating plants, transmission and distribution systems utilizing, or run by, fossil-fuels, geothermal resources, natural river discharge, pondage or pump storage
  • c. Reclamation projects
    • Involve the filling or draining of areas and restoration/backfilling projects
  • d. Major roads and bridges
    • Construction, significant extension, expansion, widening or improvement of national roads, railrodas/railways, expressways, tunnels, and bridges
  • Declaring the construction, development and operation of a golf course as an environmentally critical project pursuant to PD 1586
    • Approved: June 6, 1996

Sectoral Legislations

• DENR Administrative Order No. 34, Series of 1990
  • Revised Water Usage and Classification/Water Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and Regulations
  • Minimum water quality parameters:
    • Dissolved Oxygen (DO)
    • pH
    • Biochemical Oxygen Demand (BOD)
    • Total Coliform Organisms
• DENR Administrative Order No. 35 Series of 1990
  • Revised the Effluent Regulations of 1990, revising and amending Effluent Regulations of 1982. Known as the Effluent Regulations of 1990
  • It shall apply to industrial and municipal wastewater effluents
  • Definition of Terms
    • "BOD" means a measure of the approximate quantity of dissolved oxygen that will be required by bacteria to stabilize organic matter in wastewater or surface water. It is a semi-quantitative measure of the wastewater organics that are oxidizable by bacteria. It is also a standard test in assessing wastewater strength.
    • "Coastal Water" means an open body of water along the country's coastline starting from the shoreline (MLLW) and extending outward up to the 200-meter isobath or three-kilometer distance, whichever is farther.
    • "Effluent" is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant or treatment plant.
    • "Inland Water" means an interior body of water or watercourse such as lakes, reservoirs, rivers, streams, creeks, etc., that has beneficial usage other than public water supply or primary contact recreation. Tidal affected rivers or streams are considered inland waters for purposes of these regulations.
    • "Mixing Zone" is the place where the effluent discharge from a point source mixes with a receiving body of water. The area or extent of the zone shall be determined by the discharger and approved by the Department on a case-to-case basis.
    • "Primary Contact Recreation" means any form of recreation, where there is intimate contact of the human body with the water, such as swimming, water skiing, or skin diving.
    • "Protected Water" means a watercourse or a body of water, or any segment thereof, that is classified as a source of public water supply, propagation and harvesting of shellfish for commercial purposes, or spawning areas for Chanoschanos and similar species, or primary contact recreation, or that which is designated by competent government authority or by legislation as tourist zone, national marine park and reserve, including coral reef park and reserve.
    • "Strong Water" refers to wastewater whose initial BOD value before treatment is equal to or greater than 3,000 \frac{mg}{L}.

Parameters and Methods of Analysis

• Color: Visual Comparison Method (Platinum Cobalt Scale)
• Temperature: Use of Mercury-filled Thermometer
• pH: Glass Electrode Method
• BOD_5: Azide Modification (Dilution Technique)
• Dissolved Oxygen: Azide Modification (Winkler Method) or Membrane Electrode (DO Meter)
• Settleable Solids: Imhoff Cone Method
• Total Suspended Solids: Gravimetric Method
• Surfactants: Methylene Blue Method (Colorimetric)
• Oil and Grease: Gravimetric Method (Petroleum Ether Extraction)
• Phenolic Substances: Chloroform Extraction Method
• Total Coliforms: Multiple-tube Fermentation Technique or Membrane Filter
• Fecal Coliforms: Multiple-tube Fermentation Technique or Membrane Filter
• Arsenic: Silver Diethyldithiocarbamate Method (Colorimetric)
• Cadmium: Atomic Absorption Spectrophotometry (Wet ashing with concentration HNO_3 + HCI)
• Chromium: Diphenyl Carbazide Colorimetric Method
• Cyanide: Specific Ion Electrode Method
• Lead: Atomic Absorption Spectrophotometry
• Mercury Total: Cold Vapor Technique (Mercury Analyzer, AAS)
• PCB: Gas Chromatography (ECD)
• Boron: Carmine Method
• Chlorinated Hydrocarbons: Gas Chromatography (ECD)
• Organo Phosphorous Compounds: Gas Chromatography (FPD)
• Nitrate as Nitrogen: Bruccine Method for Saline Waters, Specific lon Electrode Method for Fresh Water
• Phosphate as Phosphorous: Stannous Chloride Method

DENR AO 2016-08: Water Quality Guidelines and General Effluent Standards

• The basic policy was taken from RA 9275, which declared that the State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of fresh, brackish and marine waters.
• New set of guidelines in compliance with section 19e and 19f of RA 9275.
  • Section 19e says that the DENR shall enforce, review and revise within 12 months from the effectivity of the Clean Water Act, water quality guidelines after due consultation with the concerned stakeholder sectors.
  • Section 19f 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)
• The objectives of the WQG and GES were defined to provide guidelines for:
  • Classification of water bodies in the country
  • Determination of time trends
  • Evaluation of stages of deterioration/enhancement in water quality
  • Evaluation of the need for taking actions in preventing, controlling, or abating water pollution
  • Designation of water quality management areas (WQMA)
  • Setting the General Effluent Standards (GES)

Scope

• WQG: apply to all water bodies in the country (freshwaters, marine waters, and groundwater) and be used for classifying water bodies; determining time trends; evaluating stages of deterioration or enhancement in water quality, and as basis for taking positive actions in preventing, controlling, or abating water pollution; and designating WQMA.
• GES: apply to all point sources of pollution, regardless of volume, that discharge to receiving body of water or land and be used regardless of the industry category.
• Change of classification of waters used for agriculture, irrigation, and livestock watering from Class D to Class C
• Removal of Industrial Water Supply from Class C, Class D, and Class SD
• Defining Class D and SD for navigable waters

Water Bodies

Table 1: Classification and Usage of Freshwater:

• Class AA: Public Water Supply Class 1- Intended primarily for waters having watersheds, which are uninhabited and/or otherwise declared as protected areas, and which require only approved disinfection to meet the latest PNSDW
• Class A: Public Water Supply Class II- Intended as sources of water supply requiring conventional treatment (coagulation, sedimentation, filtration and disinfection) to meet the latest PNSDW
• Class B: Recreational Water Class I - Intended for primary contact recreation (bathing, swimming, etc.)
• Class C:
  • Fishery Water for the propagation and growth of fish and other aquatic resources
  • Recreational Water Class II - For boating, fishing, or similar activities
  • For agriculture, irrigation, and livestock watering
• Class D: Navigable waters
  *Note: For unclassified water bodies, classification shall be based on the beneficial use as determined by the Environmental Management Bureau (EMB).

Table 2: Classification and Usage of Marine Waters:

• Class SA:
  • Protected Waters - Waters designated as national or local marine parks, reserves, sanctuaries, and other areas established by law (Presidential Proclamation 1801 and other existing laws), and/or declared as such by appropriate government agency, LGUs, etc.
  • Fishery Water Class 1 - Suitable for shellfish harvesting for direct human consumption
• Class SB:
  • Fishery Water Class II - Waters suitable for commercial propagation of shellfish and intended as spawning areas for milkfish (Chanos chanos) and similar species
  • Tourist Zones For ecotourism and recreational activities
  • Recreational Water Class 1- Intended for primary contact recreation (bathing, swimming, skin diving, etc.)
• Class SC:
  • Fishery Water Class III - For the propagation and growth of fish and other aquatic resources and intended for commercial and sustenance fishing
  • Recreational Water Class II - For boating, fishing, or similar activities
  • Marshy and/or mangrove areas declared as fish and wildlife sanctuaries
• Class SD: Navigable waters
  *Note: For unclassified water bodies, classification shall be based on the beneficial use as determined by EMB.

DAO 34: Revised Water Usage and Classification/Water Quality Criteria:

Water Quality Guidelines
Categorized as primary or secondary parameters.
1. Primary parameters: required minimum water quality parameters to be monitored for each water body.
2. Secondary parameters: other water quality parameters to be used in baseline assessment as part of the Environmental Impact Assessment and other water quality monitoring purposes.
Marshy/Magrove areas declared as fish and wildlife sanctuaries: requires disinfection only.

Water Quality Guidelines and beneficial use for:

• Class AA: Public Water Supply Class I
• Class A: Public Water Supply Class II, requires complete treatment
• Class B: Recreational Water Class I, primary contact recreation
• Class C:Recreational Water Class II Industrial Water Supply Class I Fishery Water other inland waters: For boating, reuse after treatment, propagation & growth of fish.
• Class D: Industrial Water Supply Class II, For agriculture, irrigation, livestock watering: cooling.
• Class SA: Water suitable for commercial shellfish, Tourist Zones & National Marine Parks and Reserves, Coral Reef Parks and Reserves: propagation, survival & harvesting, established inder PD 1801, designated by law.
• Class SB: Recreational Water Class I, Fishery Water Class I: primary contact recreation, spawning areas for Chanos chanos.
• Class SC: Recreational Water Class II, Fishery Water Class II: boating, commercial and sustenance fishing.
• Class SD:other coastal and marine waters, cooling.

Table 3. Water Quality Guidelines for Primary Parameters

Table 7. Groundwater Quality Guidelines

General Effluent Standards

• The GES established the Significant Effluent Quality Parameters per Sector consistent with the Philippine Standard Industrial Classification (2009).
• With this, industries shall only be required to monitor effluent quality parameters determined to be significant to them.
• GES values are maximum allowable limit.
• In consideration for establishments with influent BOD greater than or equal to 3,000 \frac{mg}{L}, separate effluent standards were set but applicable only for establishments discharging to Class C, Class D, Class SC and Class SD water bodies.

Raw Wastewater Standards

Table 9. Effluent Standards(s)

Effluent Standards

DENR AO 2021 - 19: Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters

• Ammonia as NH_3-N

• Boron

• Copper as Dissolved Copper

• Fecal Coliform

• Phosphate as Phosphorus (Total, Reactive)

• Sulfate

• Table 1 presents the updated WQG and GES for Ammonia as NH_3-N for all water bodies.

Table 2. Updated WQG and GES for Boron

Table 1. Updated WQG and GES for Ammonia as NH3-N

*The previous parameter, Copper as Dissolved Copper, is updated to Total Copper.

Table 3. Updated WQG and GES for Total Copper

Table 4 presents the updated WQG and GES for Fecal Coliform for all water bodies.

Table 5 presents the updated WQG and GES for Phosphate as Phosphorus (Total, Reactive) for all water bodies.