Law Summary
Definitions
- "DENR" means the Department of Environment and Natural Resources.
- "EMB" means the Environmental Management Bureau.
- "Environmental Impact Statement (EIS) System" refers to the institutionalized process assessing environmental effects of developments.
- "Environmental Impact Assessment (EIA)" is the prediction of likely environmental consequences.
- "Environmental Impact Statement Study (EIS)" is the document presenting environmental impact studies, which must contain all relevant project details.
- "Environmental Compliance Certificate (ECC)" is a certificate issued by DENR confirming the project will not cause unacceptable environmental impacts and has complied with requirements.
- Other terms defined include Environmental Impact Statement Monitoring, EIS Review Committee, Compliance Monitoring, Environmentally Critical Projects (ECP), Environmentally Critical Areas (ECA), Project Proponent, Project Description, Public Hearing, and various DENR officials.
Scope and Coverage of the EIS System
- The proponent must submit ENFORM I for project screening.
- Projects under EIS include Environmentally Critical Projects (ECP) requiring EIS submission, and projects in ECAs requiring Project Description (PD) submission.
- Some projects are exempted, such as those with minimal waste discharge, capitalization not more than P500,000, and employing not more than 20 persons; but they need exemption certificates.
- Existing ECPs operational before 1982 are generally excluded unless they expand operations.
Processing of ECC Applications
- EMB handles the review of EIS for ECP.
- Regional offices handle projects within ECAs and exempted projects.
- Steps include scoping, preparation and submission of EIS or PD, initial evaluation within 30 days, possible public hearing, and recommendations by EIS Review Committee.
- The final decision on ECC issuance is made by the DENR Secretary or Regional Executive Director depending on the project.
Public Hearing Procedures
- Initiated for projects with significant impact or opposition.
- Notice of public hearing must be published twice, posted locally, and funded by the proponent.
- Hearing officers appointed by DENR conduct summary hearings allowing all parties to present views.
- Reports from hearings become part of the public record.
Environmental Compliance Certificate (ECC)
- ECC is required for projects subject to the EIS system.
- Issuance follows completion and approval of EIS or PD processes.
Monitoring and Evaluation
- EMB monitors ECP projects; regional offices monitor others.
- Multipartite Monitoring Teams are formed for compliance monitoring.
Duties and Responsibilities
- Project Proponents must conduct EIA, provide truthful documents, publish notices, provide resource persons, execute monitoring, establish Environment Guarantee Fund if required, and submit required reports.
- DENR Secretary formulates policies, approves/denies ECC for ECP.
- EMB coordinates policy implementation, evaluates EIS documents, chairs EIS Review Committee, initiates public hearings, provides technical assistance.
- Regional offices implement policies regionally, conduct inspections, monitor compliance, issue ECC for projects in ECA, and organize public information campaigns.
- PENRO and CENRO coordinate locally and assist in inspection and monitoring.
- EIS Review Committee assists in evaluating EIS and recommends ECC issuance.
Violations and Penalties
- Violations include operating without ECC, operating in ECA without ECC, and violating ECC conditions.
- Fines up to P50,000 may be imposed.
- First violations allow explanation within 7 days; failure to comply can lead to ECC suspension.
- Subsequent violations can lead to cease operation orders and ECC revocation.
- EMB/DENR offices responsible for enforcement and imposition of penalties.
Administrative Sanctions
- DENR personnel are prohibited from direct involvement in EIS/PD preparation, with sanctions applied for violations.
Reconsideration and Appeals
- Motions for reconsideration must be filed within 15 days with DENR decisions final within 30 days.
- Appeals go to DENR Secretary within 15 days; decision final in 30 days.
Supplemental Provisions
- Applications inactive for over one year are invalidated after notice.
- Resumed projects after termination are considered new applications and must pay fees.
Effectivity and Repealing Clause
- The rules take effect 30 days after publication.
- All inconsistent rules are superseded by this order.