Environmental Law PD 1586

Environmental Laws Module

Key Definitions

• Environmental Compliance Certificate (ECC): Document from DENR-EMB certifying that a project won't cause significant negative environmental impact and complies with EIS System requirements.

• Certificate of Non-Coverage (CNC): Certification from EMB indicating that a project isn't covered by the EIS System and doesn't require an ECC.

• Residual Impacts: Impacts remaining after implementing preventive and mitigating measures.

• Cumulative Impacts: Additive impacts from various sources.

• Significant Impacts: Impacts that damage the environment to the point it loses its capacity to sustain life or function within baseline levels, requiring prevention, mitigation, or other interventions.

• Environmental Guarantee Fund (EGF): Fund set up by a project proponent for immediate clean-up or rehabilitation of areas affected by environmental damages, compensation to affected parties, and funding community-based environment-related projects.

• Environmental Monitoring Fund (EMF): Fund set up by a proponent after ECC issuance to support the activities of the multi-partite monitoring team, readily accessible and disbursable.

• Environmental Impact Assessment (EIA): Process of evaluating and predicting a project's likely environmental impacts during construction, commissioning, operation, and abandonment, including designing preventive, mitigating, and enhancement measures.

• Environmental Risk Assessment (ERA): Assessment, using scientific methods, of risks associated with a project, focusing on determining the probability of accidents and their magnitude.

• Environmental Performance: Capability of proponents to mitigate environmental impacts of projects or programs.

• Public Participation: Open, transparent, gender-sensitive, and community-based public involvement in the EIA process to ensure social acceptability of a project, involving stakeholders from the earliest stage of project design and development until post-assessment monitoring.

• Social Acceptability: Acceptability of a project by affected communities based on timely and informed participation in the EIA process, particularly regarding environmental impacts of concern to them.

  • DENR-EMB's role is limited to environmental aspects; conflict resolution falls under the Local Government Unit's jurisdiction.

• Scoping: Stage in the EIS System where information and project impact assessment requirements are established to provide the proponent and stakeholders the final scope of work and terms of reference for the EIS.

• Procedural Review: Phase in the ECC application review process to check for the completeness the required documents.

• Project Description (PD): Document describing the nature, configuration, use of raw materials, production system, waste generation, and activities of a proposed project, including human resources and timelines during pre-construction, construction, operation, and abandonment phases.

• Environmental Impact Statement (EIS): Document prepared by the project proponent and/or EIA Consultant that serves as an application for an ECC; a comprehensive study of the significant environmental impacts of a project, including an Environmental Management Plan/Program.

• Initial Environmental Examination (IEE) Report: Document similar to an EIS, but with reduced details and depth of assessment and discussion; a simpler version of EIS.

• Initial Environmental Examination (IEE) Checklist Report: Simplified checklist version of an IEE Report, prescribed by the DENR, to be filled up by a Proponent to identify and assess a project's environmental impacts and the mitigation/enhancement measures to address such impacts.

• Environmental Performance Report and Management Plan (EPRMP): Documentation of the actual cumulative environmental impacts and effectiveness of current measures for single projects that are already operating but without ECCs.

• Programmatic Environmental Impact Statement (PEIS): Documentation of comprehensive studies on environmental baseline conditions of a contiguous area, including an assessment of the carrying capacity of the area to absorb impacts from co-located projects.

  • Note: 2 PEIS will be omitted for many projects.

• Programmatic Environmental Performance Report and Management Plan (PEPRMP): Documentation of actual cumulative environmental impacts of co-located projects with proposals for expansion, describing the effectiveness of current environmental mitigation measures and plans for performance improvement.

• Environmental Management Plan/Program (EMP): Section in the EIS detailing the prevention, mitigation, compensation, contingency, and monitoring measures to enhance positive impacts and minimize negative impacts and risks of a proposed project or undertaking; for operating projects, the EMP can also be derived from an EMS.

• Environmental Management Systems (EMS): Refers to the EMB PEPP EMS which is a part of the overall management system of a project or organization that includes environmental policy, organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining an improved overall environmental performance.

  • Based on ISO 14001 requirements.

The Philippine EIS System

• A positive determination by the DENR-EMB results in an Environmental Compliance Certificate (ECC), to be conformed to by the Proponent and represents the project's ECC.

• The release of the ECC allows the project to proceed to the next stage of project planning, which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation.

• EIA documents are ideally prepared when prospective proposals are more concrete than mere concept and are preferably available before the project has reached a stage of investment or commitment towards implementation

• The study phase of the EIA, in order, comprises the following:

  • Site Characterization and Prediction of Impacts, Evaluation of the impacts and Proposed Alternatives, Identification and Assessment of Mitigating Measures, and Preparation of EIS

• During the Feasibility Study (FS) stage, the proponent defines its range of actions and considers project alternatives, making it the most ideal stage for the EIA study to have added value (Benefit > cost).

Environmentally Critical Projects (ECPs) & Environmentally Critical Areas (ECAs)

• Projects covered by the EIS System are determined by ECPs and ECAs.

• Proclamation No. 2146 of Dec. 14, 1981, proclaims certain areas and types of projects as Environmentally Critical and within the scope of the Environmental Impact Statement system established under P.D. 1586.

• Environmentally Critical Projects (ECPs) - a project that has high potential significant impacts. Declared through Proclamation No. 2146 (1981) and Proclamation No. 803 (1996).

  • Heavy Industries:

    • Non-ferrous metal industries

    • Iron and steel mills

    • Petroleum and petro-chemical industries, including oil and gas

    • Smelting plants

  • Resource Extractive Industries:

    • Major mining and quarrying industries

    • Forestry projects

    • Fishery projects

  • Infrastructure projects:

    • Major dams

    • Major power plants

    • Major reclamation projects

    • Major roads and bridges

  • Golf course projects

• Environmentally Critical Areas (ECAs) - an area that is environmentally sensitive. Declared through Proclamation No. 2146 (1981)

  • All areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries

  • Areas set aside as aesthetic potential tourist spots

  • Areas of unique historic, archeological or scientific interest

  • Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna)

Stages of EIA Process

• Screening - determines if the project is within the purview of EIS

• Scoping - Scoping is done with the local community through public scoping with the third party, the REVCOM, with the participation of the EMB

• EIA Study and Report Preparation - involves the description of the project, baseline datas, impact identification and prediction, evaluation of impact significance, EMP, EMOP

• EIA Report Review and Evaluation - screening, review and evaluation of the document

• Decision Making - decision resulting to the issuance of an ECC, CNC or denial letter.

• Monitoring, Validation and Evaluation Audit - stage assess performance of the proponent against the ECC

EIA Process Details

• Groups, Document Type, Deciding Authority, and Maximum Time:

  • 1A:

    • EIS: EMB DIRECTOR/DENR SECRETARY, 120 working days

  • 1B:

    • EPRMP: 90 working days

  • 2A:

    • EIS: EMB RO DIRECTOR, 60 working days

    • IEER: 60 working days

    • IEEC: 30 working days

    • PDR: 15 working days

  • 2B:

    • EPRMP: 30 working days

  • 3A:

    • PDR Project Description Report: EMB DIRECTOR/RO DIRECTOR, 15 working days

  • 4A:

    • PEIS: DENR SEC, 180 working days

  • 4B:

    • PEPRMP: DENR SEC/EMB DIRECTOR, 120 working days

• Estimated Limit on the Number of Pages:

  • PEIS: 350

  • EIS: 250

  • PEPRMP: 200

  • EPRMP: 150

  • IEER: 75

  • PDR: 10

• Number of Copies of EIA Report Required to be Submitted:

  • PEIS: 10 Hard + 1 CD

  • EIS: 7 Hard + 1 CD

  • PEPRMP: 5 Hard + 1 CD

  • EPRMP: 5 Hard + 1 CD

• Other Covered Projects:

  • Water supply, irrigation or flood control projects

  • Treasure hunting in NIPAS areas

  • Environmental enhancement & mitigation projects

  • Food & related industries

  • Packaging materials & miscellaneous product industries

  • Wildlife farming or any related projects a defined by PAWB

Social Preparation and Acceptability Process

• Legal Basis: Sec. 1(d) Article I of DAO 2003-30. The review of the EIS by EMB shall be guided by three (3) general criteria:

  • Environmental considerations are integrated into the overall project planning

  • The assessment is technically sound and proposed environmental mitigation measures are effective

  • Social acceptability is based on informed public participation

• Public Participation:

  • The EIS process emphasizes public participation in broadening responsibilities for environmental protection and promoting social progress and equity

  • Recognizing that people:

    • Possess intimate knowledge about their environment

    • Have needs and aspirations for socio-economic upliftment

    • Are recipients of benefits and/or environmental stress arising from these projects or undertaking

  • The goal of public participation in the EIA process: is to enable citizens to take responsibility for environmental protection and management through active involvement in decision making

• Essential Elements of Public Participation:

  • Social preparation for the participation of stakeholders

  • Identification and full representation of stakeholders and other concerned parties

  • Implementation of procedures or protocols that is acceptable to all parties

  • Issues or concerns that emerged are stated clearly and made known to all participants

Social Preparation Process

• A process required in the conduct of EIA in order for the affected communities to have timely and informed participation.

• A two-way process, which involves informing and developing the awareness and understanding about the EIA process and the project while generating the communities' perceptions, insights and suggestions about the project

• This step or process should, ideally, be started prior to the Scoping Process

Monitoring, Validation and Evaluation/Audit

• Even after an ECC had been issued, local stakeholders are encouraged to actively participate in project environmental performance validation since they are the front liners for all project impacts, whether positive or negative ------> Creation of Multipartite Monitoring Team (MMT) System

• Summary of Monitoring Reports & Documents:

  • Compliance Monitoring Report (CMR):

    • Prepared by: Proponent

    • Frequency of Submission: Semi-annual

    • Submitted to: Monitoring EMB Office

  • Self-Monitoring Report (SMR):

    • Prepared by: Proponent

    • Frequency: Quarterly

    • Concerned EMB Regional Office

  • Compliance Monitoring & Validation Report (CMVR):

    • Prepared by: MMT

    • Frequency: Semi-annual with the Proponent's CMR/SMR

    • Submitted to: EMB Regional Office

  • Compliance Evaluation Report (CER):

    • Prepared by: EMB Case Handler/Staff

    • Frequency: Shall be prepared semi-annually

    • Documentation by the EMB, with the MMT's CMVR and the Proponent's CMR/SMR as attachments

  • For projects without MMT, validation function shall likewise be the responsibility of the EMB RO. The same CER form shall be used as template, but incorporating relevant tables in the CMVR form to be filled-out by the EMB RO itself as basis for the summary evaluation. The Proponent's CMR/SMR shall be attached to the CER.

Amendments to ECC

• Major Amendments:

  1. Expansion of project area within the catchment described in EIA.

  2. Increase in production capacity or auxiliary component of the original project.

  3. Change/s in process flow or technology.

  4. Addition of a new product.

  5. Integration of ECCs for similar or dissimilar but contiguous projects (NOTE: ITEM #5 IS PROPONENT'S OPTION, NOT EMB'S).

  6. Revision/Reformatting of ECC Conditions.

  7. Other amendments deemed "major" at the discretion of the EMB CO/RO Director.

• Minor Amendments:

  1. Typographical Error.

  2. Extension of deadlines for submission of post-ECC requirement/s.

  3. Extension of ECC validity.

  4. Change in company name/ownership.

  5. Decrease in land/project area or production capacity.

  6. Other amendments deemed "minor" at the discretion of the EMB CO/RO Director.

Suspension of ECC

• ECCs may be suspended for failure of Proponents to comply with ECC conditions.

• ECC suspension does not necessarily mean the Proponent is absolved of implementing its approved Environmental Management Plan (EMP).

• PD 1586 does not preclude the fact that DENR may require the Proponent to institute environmental safeguards/measures to prevent further threat or actual damage to the environment.

Fines and Penalties

• Imposition of fines and penalties based on the succeeding guidelines is vested on the Directors of the EMB Central Office or Regional Office upon persons or entities found violating provisions of P.D. 1586 and its Implementing Rules and Regulations.

• Cease and Desist Order:

  • The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based on violations under the Philippine EIS System which cannot be attributed to specific environmental laws and/or which present grave or irreparable damage to the environment.

  • Such CDO shall be effective immediately. An appeal or any motion seeking to lift the CDO shall not stay its effectivity.

  • However, the DENR shall act on such appeal or motion within ten (10) working days from filing.

• Prohibited Acts/Scope of Violations:

  1. Projects which are Established and/or Operating without an ECC

  2. Projects Violating ECC Conditions, EMP, Rules and Regulations

     • Violations in relation to ECC conditions are classified as minor and major offenses.

  3. Misrepresentation in the IEE/EIS or any Other Documents

Major and Minor Offenses

Major Offenses:

• Non-implementation of substantive conditions in the ECC, EMP, EMOP and other commitments in the EIA Report and modifications

• Exceedance of project limit or area

• Significant addition of project component or product without prior approval from EMB

• Major change in project process or technology

• Other offenses deemed major by EMB CO/RO Director

Minor Offences:

• Non-submission or delay in submission of reports/requirements

• Transfer of ownership of the project/ECC without prior approval from EMB

• Delay or failure to implement ECC conditions which do not have significant impacts to the environment

• Non-compliance with other administrative conditions in the ECC

• Non-compliance with administrative and technical procedural guidelines in DAO 2003-30

• Other offenses deemed minor by EMB CO/RO Director

Assessment and Computation of Fines

• Failure to pay a fine imposed by the Secretary, EMB Director or the RB constitutes an offense separate from the original offense that brought about the imposition of the original fine and may warrant the imposition of another fine, and/or the issuance of a CDO.

• For projects operating without an ECC: The sum of P50,000.00 is set as reduced at the discretion of the Secretary, the EMB director, or the RD, considering the circumstances of each case, i.e. impact of the violation on the environment.

• In case of violation of ECC conditions, EMP, or EIS rules and regulations: The sum of P50, 000.00 is again set as the maximum amount of fine per violation. Violation of one condition in the ECC is an offense separate and distinct from the violation of another condition. It is possible that a respondent be subjected to a fine of more than P50,000.00 if more than one ECC condition is violated. However, the amount of fine per violation may be accordingly reduced, following the schedule of fines presented in Table 2-3.

• Misrepresentation in the EIA Reports or any other documents submitted by the Proponent.

  • This violation shall be subjected to due process and may result to a fine in a fixed maximum amount of P50,000.00 for every proven misrepresentation

Penalties for offenses