QuestionsQuestions (LLDA BOARD Resolution NO. 408, S. 2011)
The text cites Presidential Decree (P.D.) 1586 (Environmental Impact Statement System), DENR Administrative Order (DAO) No. 30 (EIA procedural manual/revisions), and DENR policy on integrating environmental considerations with socio-economic growth. It also references LLDA’s role as an attached agency of DENR.
To approve the Revised Definition of Developmental Activities required to secure LLDA Clearance, including its implementing rules and regulations, and to amend prior LLDA Board Resolutions (No. 223 s. 2004 and No. 286 s. 2006) accordingly.
The IRR covers all developmental and productive economic activities within the Laguna de Bay Region, except productive economic activities within the 12.5-meter elevation shoreland/buffer zone as defined under Section 41 of R.A. 4850 as amended.
It is the lakebed along the lakeshore at elevation 12.50 meters and below, alternately submerged or exposed by normal annual lake level changes, with datum elevation at 10.00 meters below Mean Lower Low Water (M.L.L.W).
Resource extractive industries/activities including mining, quarrying, dredging, water abstraction, logging, and treasure hunting, and mining exploration involving geothermal and oil exploration (except activities involving diamond drilling, trenching, and test fitting).
Agro-industrial projects/livestock production such as piggery, poultry, and similar animal-raising farms are covered except animal farms with a population under 100 heads or under a sow level equivalent to less than 10 pigs, and bird farms with a population under 1,000 birds.
Abattoir/slaughterhouse operations with more than 10 animals or more than 100 birds slaughtered per day.
Fishpond and fish hatchery in earthen or concrete tanks, and related activities, with total area of 1,000 square meters and above.
Examples include: (1) an industry with no dust/air emission and no generation of process wastewater; and (2) an industry with sewage generation of less than 12 cubic meters per day and/or less than 212 employees. (Other listed exemptions exist in the text.)
BMBEs are exempted under the manufacturing/industry exceptions except those that store/generate toxic/hazardous and/or strongly/highly polluting waste. All BMBEs are required to submit a certification from appropriate agencies (e.g., DTI, DENR).
Examples include: stand-alone fastfood stores/restaurants; laboratory/testing/research centers; fuel stations/fuel depots/storage/refilling facilities; transport terminals with repair/maintenance and/or fuel refilling; car washing with engine/under body/chassis washing; establishments with combined wastewater generation of 12 cubic meters/day and above (including laundry services/dry cleaning/steam laundry, auto-repair/maintenance shops, auto/industrial machine shops); and water refilling stations.
Covered include residential subdivisions and industrial parks/estates, memorial parks/cemeteries/burial/crematoriums, structures with total floor/facility area of 1,000 sq.m. and above (with categories), and infrastructure projects involving earth moving/physical alteration. Exemptions include small power plants <=1 MW, substation/switchyard <=83 MVA, minor structures accessory to existing installations, soil erosion control enhancement projects, and rehabilitation of existing structures with negligible/no expansion or change in land use.
Waste disposal sites (sanitary landfill), waste processing facilities, and transfer stations are covered, except receiving/recycling facilities that do material segregation only for paper, plastic, and other non-hazardous materials such as material recovery facilities and junkshops (per the exception stated).
Any project/activity/establishment that uses/stores toxic/hazardous substances and/or dangerous goods (including explosives, compressed gases, corrosives, poisons, etc.), and any operation/technology/process resulting in discharge of contaminants to land/air/water or involving hazardous/toxic materials or requiring disposal of waste that poses health hazards or generates significant organic solid wastes.
Projects established before 1976 are exempted from securing LLDA clearance if: (1) they have not ceased operations for two consecutive years since 1976; (2) they have not expanded production/output, new product areas, number of heads, etc.; and (3) they do not process/use/store toxic and hazardous substances.
For establishments previously exempted under Board Resolution No. 223 s. 2004, no administrative fine is imposed provided an application for LLDA clearance has been filed within six (6) months upon effectivity of the issuance. Otherwise, the administrative fine schedule may apply.
Grounds include: non-compliance/violation of R.A. 4850 provisions, the IRR, and/or permit conditions; deliberate or negligent submission of false information; refusal to allow authorized inspection; refusal to comply with sanctions after an earlier suspension; and other lawful and-valid causes provided by law.