Definitions
- Pollution: Alteration of physical, chemical, biological properties causing harm to health, safety, welfare or legitimate uses
- Sewage: Water-carried human or animal wastes including industrial admixtures
- Industrial waste: Waste substances from industry, manufacturing, or natural resource processing
- Other waste: Garbage, refuse, chemicals, and other substances causing pollution
- Sewage system: Infrastructure for collecting, conducting sewage and wastes
- Treatment works: Methods and devices for treating or disposing wastes
- Sewage works: Devices for handling sewage and waste disposal
- Outlet: Point of discharge into waters or air
- Waters of the Philippines: All water accumulations within Philippine jurisdiction
- Atmospheric air: Air within Philippine jurisdiction
- Person: Broadly defined to include individuals, corporations, government entities, associations
- Stream standard: Measures of water purity related to use
- Commission: National Water and Air Pollution Control Commission
Creation and Composition of the Commission
- Established under Office of the President, based in Manila
- Members include Chairman of the National Science Development Board and four part-time commissioners (health, agriculture, two private sector), plus two full-time commissioners (sanitary engineer, lawyer)
- Appointment with President’s consent, fixed terms, and removal for cause only
- Compensation: part-time members receive per diem; full-time members salaried
Organization and Operation
- President to organize Commission within 30 days
- Technical Secretary appointed by Commission; must be experienced sanitary engineer
- Commission empowered to secure technical, scientific personnel and engage consultants
- Can conduct research and cooperate with public/private agencies
- Authority to accept donations for pollution control activities
- Promulgate necessary rules and enter contracts
Meetings and Quorum
- Meeting frequency as needed with proper notice
- Four members constitute quorum
- Majority vote required for orders, judgments, or decisions
Powers and Duties
- Determine existence of pollution and keep records
- Adopt rules and regulations for permits and hearings
- Conduct public hearings and receive evidence
- Issue, renew, deny, revoke permits for pollution control
- Initiate legal action to enforce compliance
- Settle disputes related to implementation
- Encourage voluntary cooperation and formation of user groups
- Serve as arbitrator for pollution damages
- Develop comprehensive pollution abatement plans
- Inspect works and collect/disseminate pollution information
- Authorized to enter properties for inspection without damage
Public Hearings
- Required prior to orders for discontinuance of pollution or permit denial/revocation
- Can be conducted by Commission or delegated officials
- Formal procedures including notice, witness testimony, and stenographic records
Proceedings Before the Commission
- May investigate alleged pollution or non-compliance
- Notices served to offending parties with opportunity to show cause
- Orders may be given to discontinue violations within set period
- Commission rulings do not affect civil nuisance actions
- Court injunction required to stay Commission orders
Prohibitions
- Prohibits disposal or discharge into waters or air of harmful substances causing pollution
- Requires permits for activities such as construction, modification, or operation of sewage and industrial waste works
- No permits required for small-scale domestic sewage from single residences with up to 20 persons
Penalties
- Violations penalized by fines up to 50 pesos per day or imprisonment (2-6 years), or both
- Additional liability for damage to fish or aquatic life and their habitats
- Government entitled to recover damages through courts
- Proceeds go to Fisheries Commission funds
Jurisdiction Limits
- No jurisdiction over NAWASA waterworks or sewage systems
- Commission’s pollution protection rules prevail over NAWASA and Department of Health rules
Appropriations
- Annual appropriation of one million five thousand pesos for Commission operations
Repealing Clause
- Repeals inconsistent laws without prejudice to specific prior Acts
Effectivity
- Law takes effect upon approval on June 18, 1964