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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- The Environmental Impact Statement System is established to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection.
- The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines.
- The Philippine Clean Air Act is a comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos.
- The Philippine Clean Water Act is enacted in furtherance of the policy of the state to 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.
As signed by the president on December 19, 1963, the second week of January every year shall be designated as the period of the celebration of Clean-Up Week. (Proclamation No. 187, Series of 1963)
In line with this, a number of laws were enacted to aid in the furtherance of cleaning up the environment. On June 11, 1978, Presidential Decree No. 1586 took effect establishing an Environmental Impact Statement System, including other environmental management-related measures and for other purposes.
The law says:
Section 2. Environmental Impact Statement System. There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities, for every proposed project and undertaking which significantly affect the quality of the environment. (Section 2, Presidential Decree No. 1586)
This is established to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection. (Section 1, P.D. No. 1586)
It is also 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. This includes the prohibition of the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose. The State shall also provide advancement and facilitate research and studies on toxic chemicals.
What are hazardous wastes?
The law says:
h) Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines.
Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products. (Section 5(h), R.A. No. 6969)
This is thereby covered by Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.
The law says:
SECTION 3. Scope. — This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose. (Section 3, R.A. No. 6969)
The objectives of the law include:
SECTION 4. Objectives. — The objectives of this Act are:
- a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment;
- b) To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments;
- c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixtures; and
- d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose. (Section 4, R.A. No. 6969)
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos.
The law says:
Section 3. Declaration of Policies. – The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. (Section 3, Republic Act No. 8749)
The citizens have rights, in line with the Clean Air Act, that shall be sought to be recognized and guaranteed by the State.
The law says:
Section 4. Recognition of Rights. – Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;
(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
(d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;
(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity. (Section 4, R.A. No. 8749)
Another law was likewise enacted in furtherance of the policy of the state to 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. This law refers to Republic Act No. 9275 or the Philippine Clean Water Act of 2004.
The law says:
SEC. 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. (Section 2, R.A. no. 9275)
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