Law Summary
Key Definitions
- Pollution: Alteration of physical, chemical, or biological properties of water, air, or land, harmful to public health or resource utilization.
- Sewage: Water-carried human or animal wastes, including industrial admixtures.
- Industrial Waste: Liquid, gaseous, or solid matter from industrial processes causing pollution.
- Other Waste: Garbage, refuse, chemicals, and other non-sewage/industrial substances causing pollution.
- Sewage System: Infrastructure for collecting and conducting sewage and wastes.
- Treatment Works: Facilities for treating or disposing of sewage and industrial wastes.
- Sewage Works: Structures used collectively for sewage and waste management.
- Outlet: Point where sewage or wastes emerge into the environment.
- Commission: Refers to the National Pollution Control Commission.
- Person: Includes natural and juridical entities capable of legal obligations.
Establishment and Composition of the Commission
- The National Pollution Control Commission (Commission) is created under the Office of the President.
- Headed by one full-time commissioner with two full-time deputies focused on standard-setting & monitoring, and enforcement.
- Commissioners must have technical expertise; appointed by the President.
Inter-Agency Advisory Council
- Composed of representatives from multiple key government departments and agencies.
- The Commission's head chairs the council.
- Private sector representatives may be invited.
Organizational Structure of the Commission
- Divisions: Water Pollution Control, Air Pollution Control, Research & Development, Legal, Administrative, and others as budgeted.
- Authority to maintain or terminate positions and establish regional offices.
- Empowered to secure services, employ consultants, and conduct research.
- Can accept funds for pollution control activities from various agencies.
Powers and Functions of the Commission
- Investigate pollution extent, causes, and effects; implement preventive measures.
- Develop comprehensive multi-year and annual pollution abatement plans.
- Issue standards, rules, and permits for sewage works and industrial waste disposal.
- Conduct inspections and enforce compliance through orders.
- Modify or revoke permits as necessary.
- Set effluent and emission standards; local governments may set higher standards with Commission approval.
- Serve as arbitrator for pollution damage reparations.
- Deputize government agencies for enforcement.
- Collaborate with government and private sectors.
- Collect and disseminate pollution-related information.
- Inspect properties for pollution-related conditions without causing damage.
- Submit annual and periodic reports to the President.
Public Hearing and Decision-Making Procedures
- Public hearings required before orders to discontinue pollution discharge unless immediate threat exists.
- Ex-parte orders allowed if pollution poses immediate life, health, or safety threat.
- Contempt fines up to 200 pesos for misconduct during hearings.
- Decisions become final after 15 days of notification if not appealed.
- Appeals reviewed by the Court of Appeals or Supreme Court (for legal questions).
- Final decisions enforceable like court decisions with writs of execution.
Prohibitions Regarding Pollution
- No disposal of pollutants into water, air, or land without Commission permits.
- Activities requiring permits include construction, operation, or modification of sewage or industrial waste systems, and industrial/commercial discharges exceeding authorized levels.
- Exemption for new sewage works discharging only domestic wastes with septic tanks.
Penalties for Violations
- Fines up to 5,000 pesos per day for continued violation of Commission orders after hearing.
- Commission empowered to order closure or stoppage of operations for unpaid fines.
- Additional penalties include fines up to 1,000 pesos per day, imprisonment from two to six years, or both for violations of Section 8 or orders.
- Obstruction of Commission inspectors penalized with fines up to 200 pesos or imprisonment up to one month.
- Liability for damage to aquatic life in addition to penalties.
- In cases involving juridical persons, penalties imposed on the responsible managing head.
Jurisdiction Limitations and Coordination
- No jurisdiction over Metropolitan Waterworks Sewerage System.
- Commission’s standards supersede other agency rules on pollution.
- Obligates consultation with development authorities for pollution control measures in regional projects.
- Allows delegated pollution control activities to development authorities by mutual agreement.
Appropriations
- A minimum annual appropriation of five million pesos from the National Treasury for the Commission's operating expenses.
Repealing Clause
- Repeals or modifies inconsistent laws, decrees, executive orders, rules, and regulations.
Effectivity
- The Decree takes effect immediately upon issuance.