PD 1586 Updated

Download as pdf or txt
Download as pdf or txt
You are on page 1of 107

1

PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

OUTLINE OF PRESENTATION
1.0 Overview of the Phil. EIS System
2.0 Procedural requirements of the EIA process
3.0 EIA Requirement for the Philippine Government
4.0 EIA Monitoring and Evaluation
4.1 Compliance Monitoring Report
4.2 DAO 2017-15 (Multi-Partite Monitoring Team for
Environmentally Critical project )

2
Adoption of EIA by other countries

1970- California
1969-United 1972- New
introduced its
States (NEPA) South Wales
own legislation

1974-Australia
1973- Canada 1975-Thailand
& Columbia

1976-France & 1977- 1979-The


Ireland Philippines Netherlands

1981- Israel 1983-Pakistan

3
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

BASIC POLICY AND OPERATING


PRINCIPLES OF THE PEISS
To ensure a rational balance between
socio-economic development and
environmental protection for the
benefit of present and future
generation.

4
KEY OPERATING PRINCIPLE IN THE
IMPLEMENTATION OF THE PHILIPPINE EIS
SYSTEM

q Assessing the direct and indirect impacts of a project on the


biophysical and human environment and ensuring that these
impacts are addressed by appropriate environmental
protection and enhancement measures.
q Project proponent are responsible for determining and
disclosing all relevant information necessary for a methodical
assessment of the environmental impacts on their project
q Guided by three general criteria

ü Environmental consideration
ü Assessment is technically sound
ü proposed environmental mitigating measures are effective
ü meaningful public participation

5
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EMB MANDATES
Sec. 34, RA 8749, mandated to implement
on a nationwide scale the said Act
and other environmental laws to wit:

❑ RA 8749 (Clean Air Act of 1999)


❑ RA 9275 (Philippine Clean Water Act of 2004)
❑ PD 1586 (Environmental Impact Statement System of 1978)
❑ RA 6969 (Toxic Substances and Hazardous Waste Control Act of 1990)
❑ RA 9003 (Ecological Solid Waste Management Act of 2000)
❑ RA 9512 (Environmental Awareness and Education Act of 2008)
❑ RA 9729 (Climate Change Act of 2009)

6
EIA PROCESS WITHIN THE PROJECT CYCLE
PROJECT CONCEPTUALIZATION
IMPROVEMENT
Site selection, environmental screening,
initial assessment, scoping
1
OPERATIONS &
MAINTENANCE PRE-FEASIBILITY
Monitoring, Validation 6 2 Detailed Assessment,
and Evaluation/Audit of Identification of
Environmental Mitigation needs, Inputs
Compliance and Over-all to CBA
Performance

PROJECT CONSTRUCTION 5 3 FEASIBILITY


& DEVELOPMENT Finding and
Implementation of recommendations of EIA
Mitigation measures considered in various
4 permits and licenses
needed
DETAILED ENGINEERING & DESIGN
Detailed design of Mitigation measures
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

Predicting the likely


environmental
consequences of
implementing a project
on the environment
üConstruction
üCommissioning
üOperation
üAbandonment

8
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

2. Designing appropriate
Preventive Mitigating and
Enhancement Measures to
protect the environment and the
community’s welfare
• (DAO 2003-30)

9
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

3. A systematic
process that examines
the environmental
consequences of an
activity to:

Bio-physical Socio –economic


environment environment

10
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

Environmental Impact Categories:


GEOPHYSICAL

11
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

Environmental Impact Categories:


GEOPHYSICAL

August 3, 1999, after 3 days of continuous rains and


500 mm of rainfall:
•60 killed, 39 injured, 379 houses destroyed;
•Attributed to over steepening of slope during
constructions;
• Compound failure mechanism in soft rock involving
rational and translational components 12
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

Environmental Impact Categories:


GEOPHYSICAL
DENR Administrative Order No. 2000-28
March 14, 2000
“Implementing Guidelines on Engineering Geological and
Geohazard Assessment as additional requirement for ECC
applications covering Subdivision, Housing and other Land
Development and Infrastructure Projects”

13
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

Environmental Impact Categories:


BIOLOGICAL

Fir
ef
ly

14
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

Environmental Impact Categories:


SOCIO-CULTURAL

The Dumagat tribe Economics


in Luzon 15
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PD 1586) Sec. 4
Requires ALL government agencies, government-
owned or controlled corporation and private
companies to prepare an environmental impact
assessment for any projects that will significantly
affect the quality of the environment.
This assessment is essential in obtaining an
Environmental Compliance Certificate (ECC)
issued by DENR.
16
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PD 1586)
Rationalizing the
Implementation of the EIS
1

System

Giving authority,
2
in addition to the DENR
Secretary, to the Director and
Regional Directors of the EMB
to grant or deny the issuance
of ECCs.
17
Producing the environmental impact
statement
• DOCUMENTATION
OF THE EIA STUDY , EIA REPORT
ANALYSIS AND
RECOMMENDATION

The outcome of an EIA is


usually a formal
the EIS is submitted to the
document, known as an
competent authority.
environmental impact
statement (EIS)

18
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

WHAT IS THE EIS REPORT?


q Environmental Impact Statement (EIS) is the formal official
document of studies of the environmental impacts of a project
including the discussions on direct and indirect consequences
upon human welfare and ecological and environmental integrity.

qThe EIS vary from project to project but shall contain in every case
all relevant information and details about the proposed project or
undertaking, including the environmental impacts of the project
and the appropriate mitigating and enhancement measures.

qThe EIS usually follow an outline prescribed by law or its


implementing guidelines 19
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EIA REPORT AND GENERIC CONTENT


EIS Programmatic
EPRMP IEE PDR
EIS Checklist

Environmental Programmatic EIS Environmental Programmatic Project Description


Impact Performance Report EPRMP Report
Statement & Management Plan

New projects New projects For projs operating For new projects For
falling under falling under with previous ECC below threshold of Enhancement/
category A & B category A & B, Category B Mitigation
PROGRAMMATIC
but are within Projects & do not
EPRMP for co-located
contiguous area fall in the Project
projects operating
threshold
with previous ECC

CATEGORY A / B
PROGRAMMATIC CATEGORY A / BELOW CAT B CATEGORY
PROJS B THRESHOLD C/ D
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

21
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

22
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

23
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

24
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

For canning,
refer to other
applicable
categories

25
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

26
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

w/o Dyeing and only Regardless of


With dyeing involves spinning,
capacity or area
cutting & sewing
≥ 10,000MT Annual
˃200MT but<10,000MT ≤200MT annually
≥50,00MT but<50,000MT production rate

28
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

IN DEADWEIGHT TONNAGE

29
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29

30
31
Comparative presentation
Comparative presentation
Comparative presentation
Procedural Manual for
DAO 2003-30 (August
2007)

• Details the requirements and


procedures in the
implementation of the
Philippine EIS System
• •Detailed guidance
document for project
proponents, EIA Consultants,
EMB and other stakeholders

EMB MEMORANDUM
EMB MemorandumCIRCULAR NO.
Circular No.
2014-005 2014-005

36
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

PROJECTS THAT WERE OPERATIONAL


PRIOR TO 1982
(Not covered by the Phil. EIS System (Category D) provided:

ØThe existing process or ØEx. An Old Sugar Mill


operation prior to 1982 (established prior to 1982)
was not expanded in
terms in terms of deciding to put up sugar
production capacity refinery plant or
(volume or output; an Alcohol distillery plant as
number of product lines or part of its expansion
area) the area of program shall not qualify
expansion is located in an under this Non-Coverage.
Environmentally Critical
Area). 37
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

PROJECTS THAT WERE OPERATIONAL


PRIOR TO 1982
(Not covered by the Phil. EIS System (Category D) provided:

ØThe project had not ØEx. A fruit processing plant


stopped operation for that started operations
a continuous period of prior to 1982 but closed in
more than two (2) 2009,its resumption of
years since 1982. services or operations in
2012 shall be covered by
the EIS System

38
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

PROJECTS THAT WERE OPERATIONAL


PRIOR TO 1982
(Not covered by the Phil. EIS System (Category D) provided:

ØTechnology/production ØEx. Dismantling of


method or manufacturing facilities (part or entire)
process /operation used and constructing new
prior to 1982 was not with same capacity, size
modified. and technology is
Ø The existing project covered by the EIS
facilities or structure prior System.
to 1982 were not change,
rehabilitated or added to.

39
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

COVERAGE OF THE PEISS


Environmentally Critical Projects (ECP)

Non-ECP in Environmentally Critical Areas (ECA)

Programmatic Projects

Category C Projects

Category D Projects

40
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

ECPs CATEGORIES

Environmentally Critical Projects (ECP) are projects or industries that


have critical environmental impacts and therefore need to undergo
environmental impact assessments and need to acquire Environmental
Compliance Certificates (ECC) prior to implementation.
41
42
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

CATEGORY A –
ENVIRONMENTALLY CRITICAL PROJECTS (ECPS)
1. HEAVY INDUSTRIES - Iron & steel mills, Non ferrous metal
industries, Smelting plants, Petroleum and petrochemical
industries
— proponents of these projects implemented from 1982
onwards are required to secure ECC

Iron & Steel Manufacturing


43
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

2. INFRASTRUCTURE PROJECTS –Major dams, major reclamation


project, major road & bridges & major power plants
§ proponents of these projects implemented from 1982
onwards are required to secure ECC

44
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

3. RESOURCE EXTRACTIVE INDUSTRIES - major mining


and quarrying, logging, fishery project & forestry project

45
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

4. GOLF COURSE PROJECT


Proclamation 803, issue in 1996

46
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

FOR ALL ENVIRONMENTALLY


CRITICAL PROJECTS (CATEGORY A)

Ø Public participation
requirement was
embodied in the
Procedural Manual
for DAO 2003-30.

ØGREENING PROGRAM
47
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

CATEGORY B- Non ECP located in ECA

An ECC is required.
In accordance with Presidential Proclamation
No 2146, series of 1981, there are twelve (12)
main categories of ECA.
48
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

All areas declared by law as


12 ECA CATEGORIES national park, watershed reserve,
(As per Presidential Proclamation 2146) wildlife preserves and sanctuaries

Areas declared as such under Republic Act No 7586;areas declared as such through other issuance s from pertinent national ,local govt
49
agencies such as Pres. Proclamations, executive orders, local ordinances and international commitments and declarations.
COVERAGE OF THE PEISS
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

WATER BODIES (tapped for domestic purposes within


Coral reefs
mapped or identified by DENR
and/or DA/BFAR) the protected area declared by appropriate authorities ).
All natural water bodies Ex. Rivers, lakes ,bay that have been classified or not

Habitat of indigenous flora and fauna Recharge areas of aquifers-


areas identified as key biodiversity area of BMB sources of water replenishment where rainwater or seepage enter
the aquifer
COVERAGE OF THE PEISS
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

Areas with historic ,archaeological , Areas classified as Prime Agricultural land -


Agricultural activities that could provide optimum sustainable yield
or scientific interest- determined by DA ,NIA ,LGUs through Zoning Ordinances

all areas declared as historic site under RA 10066 by NHCP

Traditionally occupied by cultural


communities or tribes; Mangrove Forest
mapped or identified by DENR
areas issued certificate of ancestral domain title by National Commission of IPs
51
(Ex.Mangyan in Mindoro) Mangrove areas
COVERAGE OF THE PEISS
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

Frequently visited and/or hard-hit by natural calamities Areas with critical slope
(geologic hazard, floods & volcanic activity) lands with slope of 50% or more as determined by NAMRIA
geologic hazard as classified by MGB susceptible to landslide, floods prone as
identified by MGB, or PAGASA & volcanic activity designated by Phivolcs a
permanent danger zone ,prone to pyroclastic flow hazard, lava flow,lahar and
other Vulcanic hazard

Areas set aside as aesthetic Potential tourist spots 52


declared and reserved by LGU,DOT or other appropriate authorities for tourism development
COVERAGE OF THE PEISS
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

Potential Tourist spot


( Balesin Island)

53
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

Co-Located project
or
“PROGRAMMATIC“
within economic
zone or industrial
park.

54
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

CATEGORY C
§ Projects not falling under category A & B
§ Intended to directly enhance the quality of the
environment or directly address existing
environmental problems.
§ CNC may be issued.

ENVIRONMENTAL ENHANCING
1.Seawalls 5. Riverbanks Stabilization
2.Reforestation projects 6. Pollution Control devices or
3.Artificial Reefs facilities
4.Embankment 7. Overpass project
55
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B

1. Projects that were operational prior to 1982

CATEGORY D 2. Facilities for the Barangay Micro-Business


Enterprises (BMBE) Projects

These projects are 3. Transportation facilities

not covered by the 4. Importation or purchase of equipment


5. Commercial establishments that sells only
Philippine EIS System non-perishable goods and/or showrooms for
and are not required motor vehicles and similar products without
canteen or food stalls
to secure an ECC. 6. Cut-flower industry/projects

Hence , CNC may be 7. Environmental enhancement/improvement


projects such as tree planting in forests or
issued. sloping areas
8. Garments Manufacturing (without dying)
9. Material Recovery Facility
10. Food and Related Industry
11. Family Dwellings/Apartment type
12. Health Care Waste Management 56
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

WHAT IS AN ECC?
Environmental Compliance Certificate (ECC)
§ is the document issued by the DENR Secretary thru the EMB, or the
Regional Director

Application decision document issued to the proponent after


thorough review of the EIA Report - It outlines the commitments of
the proponent which are necessary for the project to comply with
existing environmental regulations or to operate within the best
environmental practice that are not currently covered by existing laws

§ will not cause a significant negative environmental impact,


§ that the proponent has complied with all the requirements of the EIS system; and
§ that the proponent is committed to implement its approved Environmental Management
Plan in the Environmental Impact Statement (EIS) or mitigating measures. 57
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

WHAT’S IN AN ECC?
§ Scope of project or undertaking
- in terms of area, capacity technology or process

§ Conditions as conformed by the Project Proponent to implement


mitigating measures for potentially negative impacts and/or
§ Enhancement measures for potentially positive impacts as
identified in the EIA Process

§ List of recommendation pertaining compliance/ satisfaction to


concerned LGUs/ agencies/ stakeholders.

§ NON-COMPLIANCE TO ANY OF THE CONDITIONS MAY BE


IMPOSED A CORRESPONDING PENALTY….
58
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

WHAT IS A CNC?
Certificate of Non-Coverage (CNC)
§ certifies that, based on the submitted Project Description
Report:
§ the project is not covered by the EIS System and is not
required to secure an ECC
§ Further, the CNC advises the Proponent on coverage to
other requirements by other DENR offices, LGUs or other
government agencies.
§ It is ministerial upon DENR-EMB to issue the CNC upon
application by a Proponent.

59
• EIA Requirements of the Philippine
Government

60
Environmental Compliance Certificate of
Certificate (ECC) Non-Coverage (CNC)

61
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ECC VALIDITY AND EXPIRY


Once the project is implemented,
qthe ECC/CNC remains valid and active for the LIFETIME of the
project: Provided
• There is no significant project expansion
• There is no change in technology
• There is no change in location

The ECC automatically expires if a project has


not been implemented within five (5) years
from ECC issuance

or if the ECC was not requested for extension


within three (3) months from the expiration of
the validity

62
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

SUSPENSION OF ECC
1. ECCs may be suspended for violation of
proponents to comply with ECC conditions.

2. It is noted that the ECC suspension does not


necessarily mean the proponent is absolved of its
responsibility in implementing EMP.
3. PD 1586 does not preclude the fact that DENR
may require the proponent to institute
environmental safeguards/ measures to prevent
further threat / damage to environment.
63
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

SUSPENSION OF ECC

The EMB Director or


the EMB-Regional Director
may issue a Cease-and-
Desist Order (CDO) based
on violation under the Phil
EIS system.

64
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

MONITORING PROTOCOLS
PROCEDURAL MANUAL (DAO 2003-30)

DENR-EMB has the primary mandate


of monitoring under the Philippine EIS System,
1

the other stakeholders (e.g. proponent) has equally


significant role in the monitoring system.

It encourages voluntary and self-regulation


as well as promotes self-monitoring and
2

compliance with environmental standards among


establishments.
65
OBJECTIVE OF
MONITORING
üPrimary purpose is to ensure the
judicious implementation of sound
environmental management within
the company & its areas of
responsibilities.

66
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

AIMS TO INSURE THE FOLLOWING :


Monitor project compliance with the conditions set in the
ECC;
1

Monitor compliance with the Environmental Monitoring Plan


and the applicable laws, rules and regulations
2

Assess the effectiveness of the committed environmental


measures in mitigating the project’s environmental impacts;
3
3

Continual updating of EMP for sustained responsiveness to


project operation and impacts 67
Monitoring /Validation activities can be
done by:

Self
Monitoring by Monitoring by Third party
monitoring by
the authority MMT monitoring
the proponent

68
iness Plan - PowerPoint template
69
ROLES & RESPONSIBILITIES
of the PROPONENT / PCO
§ Presents a standardized Semi-
annual ECC Compliance monitoring
report, which a proponent ,
through its Environmental
unit/Officer is required to submit to
the designated monitoring EMB
office on a semi-annual frequency

§ Detailed report on compliance to


environmental standards specific to
environmental laws shall be
submitted through self monitoring
report as required by DAO 2003-27
on a quarterly basis.

§ Prepare and submit CMVR for ECPs.


iness Plan - PowerPoint template
70
ROLES & RESPONSIBILITIES
of the PROPONENT / PCO

§ The first CMR shall be submitted


mid year after the start of project
implementation, except for ECC
commitments / conditions, which
need to be submitted prior to
project start-up
§ The proponent /company shall
notify EMB on the start up of
project implementation

q SMR System shall be implemented


nationwide including areas under the
jurisdiction of LLDA.
§ ALL firms satisfying the criteria as
enunciated in Annex A are required to
submit regular Self-Monitoring Report
(SMR).
71
UPDATES
(DAO 2017-15: Monitoring by MMT)

A Multi-partite Monitoring Team (MMT) shall be


formed immediately after the issuance of an ECC
pursuant to an EIS.

ü Done through a Memorandum of Agreement (MOA)


among stakeholders

72
MMT COMPOSITION

• LGU Representative
ü MENRO/City ENRO or PG-ENRO
ü RHU
ü Concerned brgy. captain
• Accredited local NGOs
• Locally recognized community leaders
• Representative from government agencies with related mandate on
the project
• DENR PENRO and CENRO

73
MMT
Rationalization of the MMT Existence, Composition and Leadership

ü MMTs shall only be for ECP


ü All other MMTs including clustered
MMTs shall be deemed automatically
dissolved.
ü ECC condition on the creation of MMTs
for non-ECP shall be deemed invalid 74
MMT Functions

❑ To conduct quarterly site visit to validate


proponents compliance with the ECC
conditions and the Environmental
Management and Monitoring Plan
❑ Prepare and submit its report to EMB
Regional Office and Central office
concerned using the EMB prescribed
format at least semi annually
❑ Institute an environmental emergency and
complaints receiving and management
mechanism 75
MMT Formalization & Operationalization

❑ Manual of Operation (MOO) shall be


formulated/updated base on the
Policy updates.
❑ IndividualMMT member who violate
the Code of Ethics shall be subject to
suspension/removal/replacement by
the chairman of the MMT.
❑ MOA between EMB CO and
Proponent hall be executed with
conformity of the MMT members

76
MMT REPORTING
All monitoring activities of the MMT shall require the
completion of a findings report called the Compliance
Monitoring Validation Report (CMVR)
77
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EMF & EGF


ENVIRONMENTAL
MONITORING FUND (EMF)

&
ENVIRONMENTAL
GUARANTEE FUND (EGF)

78
Environmental Monitoring Fund (EMF)
Section 1.0 of Article V:
ENVIRONMENTAL
MONITORING FUND
The EMF shall be established
by the proponent not later than
the initial construction phase of its
project or undertaking.
The criteria on when such projects shall be required to establish an
EMF/MMT are the following:
• Possible discharge of toxic or hazardous materials;
• Significant amount of discharge that requires careful monitoring;
• Significant public opposition.

79
Environmental Guarantee Fund (EGF)
Section 4.0 of Article V:
ENVIRONMENTAL GUARANTEE
FUND
An Environmental Guarantee Fund (EGF)
shall be established for all projects or
undertakings that have been
determined by the DENR to pose a "Earth provides enough to satisfy every
man's need, but not every man's
significant public risk as herein defined greed." --
Mahatma Gandhi
or where the project or undertaking
requires rehabilitation or restoration.

80
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

81
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

SCOPE EXAMPLES OF VIOLATION


1. Projects which are Established and/or Operating without an
ECC
2. Projects Violating ECC Conditions, EMP, Rules and
Regulations
3. Misrepresentation in the IEE/EIS or any Other Documents
4. Projects with or without ECC which pose grave and/or
irreparable danger to environment, life and property.

FINES / PENALTIES
• PhP 50,000.00 – operating without ECC
• PhP 50,000.00 – for every ECC violations
82
EMB POLICIES IMPLEMENTED IN
COMPLIANCE MONITORING
PD 1586 Violations of ECC conditions

Not more than P50,000.00 per violation.

ISSUANCE of NOV
• Without ECC – mandatory to resolve payment of penalty

Examples :
• Non-submission of PCO report;
• Non-posting of permits;
• Non-designation of PCO;
• Failure to submit post ECC requirements, etc.
• Noncompliance on the formation/creation of MMT
• Exceedance of emission/effluent standards;
• Transport of THWM without Transport Permit;
• Discharge of emission/effluent resulted into pollution and threat to public health and
safety;
• Negligence
83
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EMB POLICIES IMPLEMENTED IN


COMPLIANCE MONITORING
Adopt feedback mechanism to
inform proponent of the
findings during inspection;
IF WITH VIOLATIONS
Technical conference will be
called for by DENR-EMB with
commitment from the
proponent to comply with the
regulations in a given grace
period.
84
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

APPEALING
Receiving Notice of Violation (NOV)

Filing a motion for reconsideration within


15 days of receipt of the case decision documents.
85
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

SCHEDULE OF PENALTY REDUCTION


Violation of ECC Conditions
CRITERIA PENALTY
1ST offense 2ND Offense 3rd Offense 4th offense
Minor PhP 10,000.00 PhP 25,000.00 PhP 50,000.00 PhP 50,000.00 plus ECC
Offenses suspension with option
of DENR-EMB to cease
operation if deemed
necessary but with
corresponding
requirement for
continued EMP.
Major PhP 25,000.00 PhP 50,000.00 PhP 50,000.00plus ECC suspension with
Offenses option of DENR-EMB to cease
operation if deemed necessary but with
corresponding requirement for
continued EMP. 86
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ECC AMENDMENTS
MINOR MAJOR
1. Typographical error 1. Expansion of project area
2. Extension of deadlines 2. Increase in production
for submission of post- capacity
ECC requirements 3. Changes in process flow
3. Change in company 4. Addition of new products
name/ownership
5. Revision/reformatting of
4. Decrease in land/ ECC Conditions.
project area or
production capacity 6. Integration of ECC for
similar project but
contiguous projects. 87
No. Description Requirements for ECC Amendment
1 Change of Project q Letter of request for change of name (including reasons for the
Name / Trade or change of name); and
Business Name q Securities and Exchange Commission (SEC) Registration or
Department of Trade and Industry (DTI) Certificate of Business
Name Registration indicating new project/business/trade name
2 Change of Proponent/ q Letter of request for change of company/proponent name; and
Company Name q Amended SEC Registration or DTI Registration showing the
change of company name
3 Transfer/Change of q Letter of request for transfer/change of ownership. The original ECC
Ownership holder shall request for the amendment, with
concurrence/confirmation letter from the new ECC holder (Grantee);
q SEC Registration of New ECC holder/ DTI
Registration including its Board Resolution;
q Legal proof of transfer/change of ownership (i.e.,
Deed of Sale, Deed of Assignment, Contract of Lease); and,
q Notarized Accountability Statement of the New ECC holder
(Grantee).
4 Typographical error in q Letter of request to rectify the typographical error
ECC

88
No. Description Requirements for ECC Amendment
5 Extension of q Letter of request for extension of deadlines of submission of post ECC
deadlines for requirements (including reasons for the delay of submission); and
submission of post
ECC Requirements q Supporting documents on the request to extend the deadline for
(i.e., submission of submission of post ECC requirements
MMT MOA, Carbon
Sink Program)
6 Extension of ECC q Letter of request for extension of ECC validity with a copy of approved
validity (EMB MC ECC;
2020-31) . q Justifications may include any of the following:
a. Unforeseen financial capability of the proponent to continue the
project within the original five (5)-year period;

b. Operational constraints including a dispute with the surface owner


(mining projects) or issues with informal settlers and peace and
order; or
c. force majeure events (natural or human-made calamities)

q Updated baseline characteristics of the environment of the project area;


q Updated Environmental Management and
Monitoring Plan if there is a significant change in the baseline
characteristics;
q Updated Sworn Statement of Accountability of the Proponent;
q Updated Sworn Statement of Accountability of
Preparer, if any; and
q Revised Implementation Plan in Gantt Chart for non-mining projects or
Development Work Program duly received by MGB for mining projects. 89
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ECC VALIDITY
Projects that have Stopped Operation for more than 5 Years

§ Projects that have stopped operation for (5) years or less are not
required to notify EMB provided the CMR had been regularly submitted

§ Project that have stopped operation for more than 5 years are not
required to obtain a new ECC provided ALL of the following conditions
are met:
ü CMR/CMVR had continuously submitted or an official request for
suspension of the CMR/CMVR had been approved by the EMB
ü No request for relief and /or cancellation of ECC had been approved
ü The resumption of operation will not involve expansion in terms of
production capacity (volume of output; number of product lines or area)
ü There is no change of ownership or corporate dissolution 90
• A project is deemed to have stopped operation when ALL of the
following conditions are met

• All production , processing or manufacturing activities have


ceased
• The absence of any emission or discharges except those
attributed to domestic activities of maintenance or administrative
personnel only

91
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

ECC VALIDITY
Projects that were not implemented within ECC Effectivity

The ECC issued will be considered not valid if the project was not implemented within
five years. The proponent is required to apply for new ECC if he has intention to
implement the project.

EMB considered that the project is implemented once site development or clearings
operation is started ( ex. demolition / resettlement of Informal Settlers started

➢ CSR/ SDP /Fencing activities and the like will not


be considered as project implementation.
92
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EMB MC 2015-003
Policy Update

Implementation of:

for non-covered projects


under the Philippine
Online Processing of Online Processing and
Environmental
CNC Applications Issuance of ECC for
Impact Statement
System.

Category B projects
requiring IEE Checklist
Reports
93
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

EMB MC 2015-003

95
96
97
98
ECC-40 (ECP) AND 20
(NON-ECP) WORKING
NEW MC PROCESSING
DAYS CNC-1 DAY
TIMEFRAMES:
Timeframes: AUTOMATIC APPROVAL
(ONLINE APPLICATION)

99
FEES and CHARGES for EIA Services
EIA SERVICES FEES & CHARGES
1.1 ECC application requiring
1.1.1 Programmatic EIS 15,000.00
1.1.2 EIS 10,000.00
1.1.3 Programmatic EPRMP 10,000.00
1.1.4 EPRMP 5,000.00
1.1.5 Checklist 5,000.00
1.2 CNC Application
Cat. C 1,000.00
Cat. D 1, 210.00
1.3 Post ECC Processing Services
1.3.1 Major amendment 2,000.00
1.3.2 Minor amendment 1,000.00
1.3.3 Relief from the ECC commitment 1,000.00
1.4 Other Services
1.4.1 Request for Miscellaneous Certification 200.00
1.4.2 Request for Certified True Copy of 200.00
documents
See DAO 2016-28: New fees and charges for various services of EMB

100
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

RELIEF FROM ECC COMMITMENTS


1. Projects which have secured ECCs but have
not been implemented
2. Projects which have previously covered but are
currently classified as outside of the PEISS purview
3. Projects that
will be abandoned
or decommissioned

101
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

DOWNGRADE from ECC to CNC


Monitoring of projects issued CNCs and those
previously issued ECCs but reclassified as non-covered.

WHAT TO DO?

ü Written confirmation by the EMB

MAKE SURE:
ü Proponents do not have pending accountabilities
102
REQUIRING ONLINE SUBMISSION OF CMR UNDER PEISS
Online submission of CMR shall be limited to
Environmentally Critical Projects (ECPs) with ECC issued by
EMB –Central office.
Procedures
1. Visit the EMB –EIA website
2. Attach PDF file of the ff. in support of the registration
ü Government and /or company ID
ü Notarized authorization from the project proponent
ü SEC or DTI Registration
3. Project ECC reference number

EMB MC
4. Fill up the CMR form provided by the online system
5. attach the pdf file of the ff.
a. Lab. Results of analysis from DENR-EMB recognized

2016-001 b.
laboratory
Impact Mitigation plan in the EIS
c. Environmental Monitoring plan
d. Accomplished PEMAPS questionnaire
e. Notarized sworn accountability of the project
proponent
6. The EMB Central office will evaluate the submitted
CMR online .

103
104
105
SUMMARY OF MONITORING ACTIVITIES
Monitoring Entities Reference Document Reports Frequency of
Submission

Self/Projects ECC CMR Semi -Annual


Proponents EMP SMR Quarterly
EMOP

Multipartite ECC CMVR Semi - annual


Monitoring Team EMP
EMOP
SMR
CMR

EMB ECC CER Semi-annual


EIS/IEE/EPRMP
SMR
CMR
CMVR
106
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)

QUESTIONS?
CLARIFICATIONS?

107
Isang maka-kalikasang umaga sa ating
lahat!

108

You might also like