Legal basis and framework
- The LLDA is empowered under Republic Act No. 4850, as amended, to issue the necessary clearance for approved proposed plans, programs, and projects unless the proposals are not in consonance with LLDA or will contribute to unmanageable pollution or ecological imbalance.
- The DENR policy requires an orderly balance between socio-economic growth and environmental protection through sustainable use and conservation of natural resources.
- Presidential Decree No. 1586 (1978) requires an Environmental Impact Statement System for proposed projects and undertakings that significantly affect environmental quality, including GOCCs, LGUs, and private entities.
- DENR Administrative Order No. 30 (2003) and its revised procedural manual ensure environmental considerations are integrated into the EIA process early to streamline procedures and enhance public participation.
- Executive Order No. 149 mandates LLDA as an attached DENR agency to manage and protect the environmentally critical Laguna de Bay Region.
Revised coverage of developmental activities
- The implementing rules cover all developmental and productive economic activities within the Laguna de Bay Region except certain shoreland activities.
- The implementing rules apply to productive economic activities outside the 12.5 meter elevation shoreland/buffer zone of Laguna de Bay as defined under Section 41 of R.A. 4850, as amended.
- Developmental activities requiring LLDA clearance are organized by industry category.
- All enumerated categories operate as prescribed developmental activities required to secure LLDA Clearance unless a specific exemption rule applies.
Definitions governing interpretation
- Barangay Micro Business Enterprises (BMBEs) are business entities engaged in production/processing/manufacturing (including agro-processing, trading, and services) whose total assets (including those arising from loans but excluding land where the office/plant/equipment are situated) are not more than P3,000,000.00.
- Combined wastewater means the sewage and industrial wastewater generation of an establishment.
- Discharge includes spilling, leaking, pumping, pouring, emitting, emptying, releasing, or dumping of any material into a water body or onto land from which it might flow or drain into said water.
- Emission means any air contaminant, pollutant, gas stream, or unwanted sound from a known source passed into the atmosphere.
- Hazardous substances are substances presenting either:
- (1) short-term acute hazards (acute toxicity by ingestion/inhalation/skin absorption; corrosivity or skin/eye contact hazard; or risk of fire/explosion), or
- (2) long-term toxicity upon repeated exposure (including carcinogenicity with possible acute exposure but long latency), resistance to detoxification (such as biodegradation), and the potential to pollute underground or surface waters.
- Industrial wastewater means wastewater from producing/manufacturing/processing/commercial/agricultural/other operations where the discharged wastewater includes significant quantities of non-fecal wastes.
- Laguna de Bay Region covers the watershed region of Laguna de Bay including Rizal and Laguna provinces, the named cities and municipalities listed, including additional cities and municipalities created hereinafter, as defined under Section 2 of Executive Order No. 927.
- Laguna de Bay Shoreland Area (also known as the “buffer zone”) is the lakebed part along the lakeshore at elevation 12.50 meters and below, alternately submerged or exposed by normal annual lake-level changes; its datum is 10.00 meters below Mean Lower Low Water (M.L.L.W.), and it is a linear strip to separate incompatible uses or control pollution/nuisance and identify development areas/zones.
- Sewage-water-borne human or animal wastes mean wastes excluding oil or oil wastes removed from residences, buildings, institutions, industrial and commercial establishments, including groundwater, surface water, and storm water present, including wastes from vessels, offshore structures, and other places intended to receive or retain wastes.
- Waste means any solid, liquid, semisolid, contained gas, or other form resulting from industrial/commercial/mining/agricultural operations or community/household activities that is devoid of usage and discarded.
- Wastewater means waste in liquid state containing pollutants.
Developmental activities requiring LLDA clearance
- Resource extraction industry includes mining, quarrying, dredging, water abstraction, logging, and treasure hunting.
- Mining exploration involving geothermal and oil exploration is covered except diamond drilling, trenching, and test fitting.
- Agriculture industry includes agro-industrial projects/livestock production including piggery, poultry, and similar animal-raising farms (including goat, cattle, crocodile, etc.), except the following thresholds and exclusions:
- Animal farms with less than One Hundred (100) heads or less than Ten (10) sow level, where One (1) sow level = Ten (10) pigs.
- Bird farms with less than One Thousand (1,000) birds.
- Abattoir/slaughterhouse with more than Ten (10) animals or One Hundred (100) birds slaughtered per day.
- Fishpond and fish hatchery in earthen or concrete tanks and other related activities with a total area of One Thousand (1,000) square meters and above.
- Agricultural production farms/facilities producing exotic species or for experimental purposes, except integrated social forestry projects, flowers/ornamental production, and landscaping activities.
- Rice mill with multiple pass process and/or with production capacity of One (1) ton per hour.
- Manufacturing/industry covers all industrial/manufacturing establishments except the following:
- Industry with no dust/air emission and no generation of process wastewater.
- Industry with sewage generation of less than Twelve (12) cubic meters per day and/or less than Two Hundred Twelve (212) employees.
- Industry where raw materials/products do not have direct contact with cooling water/coolant.
- BMBEs under R.A. 9178, except BMBEs that store/generate toxic/hazardous and/or strongly/highly pollutive waste; BMBEs must submit a certification from the appropriate agency/ies (i.e., DTI and DENR).
- Garment/textile and other industry/manufacturing without dyeing operations.
- Bakery ovens and confectionery cookers where products are edible and intended for human consumption.
- Wooden assemblies with specified equipment (trimmers, cross-cut saws, circular saws of less than Six Hundred (600) mm diameter, and S2S type planers of not more than Three (3) units), provided no spray painting/varnishing using an air compressor is involved.
- Metal works that do not involve spray painting using an air compressor and/or electroplating.
- Feed mill with machine-capacity not exceeding One (1) ton per hour.
- Organic compost/fertilizer making not exceeding Five Hundred (500) metric tons per annum.
- Cold storage/refrigeration facilities provided no process is involved (ice making, meat, fish, vegetable processing, or similar), and/or with less than One (1) hectare floor area.
- Storage/post-harvest facilities and warehousing for non-hazardous/non-toxic materials and substances with less than One (1) hectare floor area.
- Traders and importers/exporters of non-hazardous materials/substances.
- Brokers-forwarders, trucking, sea and airfreight services without repair and maintenance facilities.
- Service industry includes:
- Stand-alone fastfood stores, restaurants, and similar establishments.
- Laboratories/testing/research centers, and similar establishments with potential sources of air and water pollution and/or toxic/hazardous waste.
- Fuel stations, fuel depots, fuel storage and refilling facilities, and similar services.
- Transport terminals with repair/maintenance, support facilities and/or fuel refilling facility/station (land, airports, ferry, passenger/cargo terminals).
- Car washing with engine and/or under body/chassis washing.
- Establishments with combined wastewater generation of Twelve (12) cubic meters per day and above, including:
- Laundry services including dry cleaning and/or steam laundry.
- Auto-repair and maintenance shops and similar services.
- Auto/industrial machine shops.
- Water refilling station.
- Site development/infrastructure projects include:
- Residential subdivisions, industrial park/estate including raw lands.
- Memorial parks, cemeteries, burial, crematorium, columbarium, funeral parlor/establishments with embalming facilities, and other similar activities.
- Structures with total floor and facility area (including parking and other developed spaces) of One Thousand (1,000) square meters and above, including:
- Human occupancy structures (including condominium, hotel, motel, dormitory, apartment, and other office/residential/commercial buildings) except individual family dwellings/houses and places of worship (churches, temples, synagogues, chapels, mosque, and similar projects regardless of area).
- Commercial establishments (markets, groceries, supermarkets/shopping centers, malls, cinemas, boutiques/shops, department store, supermarkets, and similar activities).
- Recreation/entertainment projects (including golf courses, recreational complexes, cockpit arenas, theme parks, zoos, resorts, public swimming/bathing places, and indoor recreational facilities such as theaters, amphitheaters, museums, and wellness centers), including those with combined wastewater generation of Twelve (12) cubic meters per day and above.
- Health related projects (hospitals, laboratories, medical centers, clinics, lying-in, and similar institutions) using/generating toxic and hazardous substances/waste.
- Educational services (schools and institutes/universities), including those with combined wastewater generation of Twelve (12) cubic meters per day and above.
- Television/radio stations and similar facilities/projects.
- Telecommunication facilities such as cell sites, transmission and telecommunication towers, except the listed tower/non-tower/infrastructure types:
- Indoor antenna.
- Based transceiver station (equipment housing only; not involving installation of a tower; based transceiver station antenna without equipment room or tower; and based transceiver station mounted on any existing structure).
- Installation on top of a building, wall mounted and floor mounted.
- Pole and parapet mounted antennas.
- Monopole tower.
- Guy tower.
- Infrastructure projects such as roads, bridges, viaducts, tunnels, railways, power plants, power transmission sites and substations, water abstraction/water treatment facilities, water impounding structures, dams including back filling, reclamation, and other engineering projects involving earth moving or physical alteration, except:
- Power plants with capacity less than or equal to One (1) megawatt.
- Substation/switchyard with rated capacity less than or equal to Eighty Three (83) megavolt ampere.
- Construction of temporary or permanent minor structures accessory to existing installations, provided installations are allowable, conforming, and in conformity with local zoning ordinances and/or the National Building Code (signs, fences, curbs, gutters, sidewalks, driveways abutting existing streets, pedestrian overpass, etc.).
- Enhancement/mitigating projects of soil erosion control measures through vegetative (planting/reforestation, bench-brush, fascine, etc.) or engineering/structural measures (check dams, gabions, riprap/retaining walls, etc.).
- Rehabilitation of existing structures (maintenance and repair works) involving negligible, no expansion, and no change of land use beyond previously existing.
- Demolition or abandonment of dangerous or condemned buildings and facilities with previously stored/used toxic/hazardous substances.
- Waste management projects include:
- Waste disposal sites (sanitary landfill), waste processing facilities, transfer stations, and similar projects, except receiving/recycling facilities that do only material segregation for paper, plastic, and other non-hazardous materials (material recovery facilities, junkshop, and similar facilities).
- Wastewater treatment facility (service provider) except those purely treating domestic wastewater of less than Twelve (12) cubic meters per day.
- Other developmental activities include:
- Projects/activities/establishments that use/store toxic/hazardous substances and/or dangerous goods such as explosives, compressed gases, corrosive, poisonous, and similar substances.
- Operations/technologies/processes/activities resulting in the discharge of contaminants to land, air, and water, including use of hazardous/toxic materials; or producing/requiring disposal of waste materials that pose health hazards or generate significant organic solid wastes.
Exemptions and coverage expansions
- Establishments with development projects/activities established before 1976 are exempted from securing LLDA clearance if they meet these conditions:
- They have not ceased operations for a period of Two (2) consecutive years since 1976.
- They have not expanded in production output, new product areas of coverage, number of heads, or similar expansion.
- They do not process/use/store toxic and hazardous substances.
- Establishments previously exempted under Board Resolution No. 223, Series of 2004 become covered and required to secure LLDA clearance under the new rules.
Documentary requirements and clearance types
- Section 7 provides application documentary requirements for LLDA Clearance (LC) and LC Expansion (LX):
- A duly accomplished and notarized Application Form (Annex A).
- An Environmental Compliance Certificate or a Certificate of Non-Coverage, whichever is applicable.
- SEC-approved Articles of Incorporation for corporations, or Articles of Cooperative duly approved by CDA for cooperatives, or a valid Certificate of Business Registration from DTI for single proprietorships.
- Locational Clearance if available.
- The Environmental Impact Assessment, Initial Environmental Examination, or Project Description/Engineer’s Report (Annex B), whichever is applicable.
- Plans (site development plan, vicinity plan, and drainage/sewer plan) duly signed by the chief executive officer/owner and engineer.
- Shoreland Certification.
- Section 7 provides documentary requirements for LLDA Clearance Exemption (LE) Application:
- A duly accomplished and notarized Application Form.
- Project Description.
- Vicinity Map.
- SEC-approved Articles of Incorporation or Articles of Cooperative duly approved by CDA, or a DTI Certificate of Business Registration for single proprietorships, or certification that the business is classified as a Barangay Micro Business Enterprise.
- Shoreland Certification.
- Section 7 provides documentary requirements for LLDA Clearance Amendment (LA) for change of ownership/name:
- A letter request signed by the chief executive officer.
- Copy of amended SEC-approved Articles of Incorporation/CDA-approved Articles of Cooperative/DTI Certificate of Business Registration, for the relevant business type.
- Copy of the amended ECC or Certificate of Non-Coverage, whichever is applicable.
- Copy of previous LC.
- The original or a certified true copy of ECC, SEC-approved Articles of Incorporation, or Certificate of Business Registration must be presented for authentication; if the original is unavailable, a certified true copy from the respective government agencies must be presented.
Fees, processing steps, and numbering system
- Section 8 requires the proponent to pay, upon filing, the processing fee and the applicable clearance fee under the schedule of fees in Board Resolution No. 224, Series of 2004 (Annex C).
- Any proposed change in fees and charges must be covered by another Board Resolution.
- If a previous application has been suspended and revoked under Section 10 of these rules, the proponent must submit a new application and pay anew the processing fees for LC, plus any fines and penalties imposed.
- Section 9 requires processing of LLDA Clearance (and application processing) to conform with the approved LLDA Citizen Charter after submission of application and supporting financial documents.
- Section 9 requires the Authority to assign an application number consistent with the model number system.
- Ongoing or completed expansion inconsistent with a previously issued LC must be covered by a new LC.
- Change of name/ownership requires applying for an amendment of the previously issued LC.
Suspension, revocation, and sanctions
Section 10 authorizes the Authority, after due notice and hearing, to suspend or revoke any valid clearance on these grounds:
- Non-compliance with or violation of R.A. 4850, as amended, these IRR, and/or permit conditions.
- Deliberate or negligent submission of false information in the application.
- Refusal to allow inspection duly authorized by the Authority.
- Refusal to comply with sanctions when an earlier suspension was imposed.
- Other lawful and valid causes and grounds provided by law.
Section 11 sets administrative fine amounts by violation category:
Developing/constructing/operating without LC:
- Without a Notice of Violation (NOV): PHP 5,000.00.
- With a NOV: PHP 5,000.00/year, reckoned from receipt of the NOV.
Violation of clearance condition: PHP 5,000.00/violation of condition.
Section 11 provides that for establishments previously exempted under Board Resolution No. 223, Series of 2004, no administrative fine is imposed if an application for LLDA Clearance is filed within Six (6) months upon effectivity of this issuance.
Administrative fines do not preclude the Authority from issuing orders or instituting appropriate civil or criminal action in court as the circumstances warrant.
Revocation and effectivity
- Section 12 revokes, amends, and modifies all resolutions, issuances, and other rules and regulations that are contrary to or inconsistent with these IRR.
- Section 13 provides that these IRR take effect thirty (30) days upon publication in a newspaper of general circulation.