Scope and Applicability
- The decree applies to all territorial and inland navigable waters of the Philippines.
- It regulates discharges and dumping from vessels, aircraft, platforms, or other man-made structures at sea.
Definitions of Key Terms
- "Discharge": Includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, excluding effluents from industrial or manufacturing establishments.
- "Dumping": Deliberate disposal at sea or navigable waters of wastes or other matter from vessels or man-made structures, excluding regulated routine discharges and effluents under certain laws.
- "Oil": Includes petroleum, fuel oil, sludge, oil refuse, and mixtures with wastes other than dredge spoil.
- "Navigable Waters": Includes territorial sea and inland waters usable by watercraft.
- "Vessel": Any watercraft or artificial contrivance used or capable of being used for transport on water.
- "Person": Natural or juridical persons with legal rights and obligations.
- "Refuse": Includes garbage, waste, residues, chemicals, and other substances excluding sewage and industrial wastes that cause pollution.
Prohibited Acts Regarding Marine Pollution
- Discharging, dumping or permitting discharge of oil, noxious gaseous/liquid substances, and other harmful substances from ships, vessels, or structures at sea into Philippine waters is unlawful, except in emergencies or if permitted by law.
- Throwing or depositing refuse matter from vessels, shores, wharfs, or establishments into navigable waters is prohibited.
- Depositing material on banks likely to be washed into navigable waters causing obstruction to navigation or pollution is unlawful.
Responsibilities of Government Agencies
- The National Pollution Control Commission (NPCC) is primarily responsible for promulgating national rules and policies on marine pollution.
- NPCC regulates discharges including effluents from certain establishments as per Republic Act No. 3931.
- The Philippine Coast Guard (PCG) promulgates rules aligned with NPCC policies for effective enforcement and may permit certain deposits with NPCC concurrence.
Enforcement and Inter-Agency Coordination
- PCG has primary enforcement responsibility for marine pollution laws and regulations.
- PCG and NPCC shall coordinate enforcement efforts and may seek assistance from other government agencies.
Penalties for Violations
- Violations of prohibited acts or related regulations incur fines from PHP 200 to PHP 10,000, or imprisonment from 30 days to 1 year, or both, per offense.
- Offending vessels may have port clearance withheld until fines are paid.
- PCG may impose administrative penalties to aid enforcement.
Establishment of Containment and Recovery System
- PCG must develop capabilities to contain and recover spilled oil in inland waters and high seas.
- An initial budget of PHP 5 million is appropriated for equipment procurement, with future appropriations included in the PCG budget.
Repealing Clause
- All laws, rules, and regulations inconsistent with this decree are repealed or modified accordingly.
Effectivity
- The decree takes effect immediately upon issuance.