Presidential Decree No. 1152

Presidential Decree No. 1152

PHILIPPINE ENVIRONMENT CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the national leadership has taken a step toward his direction by creating the National Environmental Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the council be implemented with the launching of a comprehensive program of environmental protection and management;

WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in the Philippine Environment Code;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the constitution, do hereby order and decree:

SECTION 1. Short Title. – This Decree shall be known and cited as the “Philippine Environment Code.”

TITLE I. – AIR QUALITY MANAGEMENT

SEC. 2. Purpose. – The purposes of this title are:

(a) to achieve and maintain such levels of air quality as to protect public health; and

(b) to prevent to the greatest extent practicable, injury and /or damage to plant and animal life and property, and promote the social and economic development of the country.

CHAPTER I – STANDARDS

SEC. 3. Ambient Air Quality Standards. – There shall be established ambient air standards which shall be prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with the public health, safety and general welfare.

In the established ambient air quality standards factor such as local atmospheric conditions, location and land use, and available technology, shall be considered among others.

SEC. 4. National Emission Standards. – There shall be established national emission standards for new an existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted.

SEC. 5. Community noise Standards. – Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification.

SEC. 6. Standards for Noise-Producing Equipment. – There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment of contrivances. The standard shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.

The installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.

SEC. 7. Aircraft Emission and Sonic Booms. – Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards.

Research and studies shall also be undertaken to mitigate and /or minimize the effects of sonic booms in the environment.

CHAPTER II – REGULATION AND ENFORCEMENT

SEC. 8. Air quality and Noise standards. – The National Pollution Control Commission, in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and or modified consistent with new development and technology.

SEC. 9. Aircraft Noise. – Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in Coordination with the National Pollution Control Commission.

SEC. 10. Vehicular Emission. – The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose.

SEC. 11. Radioactive Emission. – The release and emission of radioactivity into the environment incident to the establishment of possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippines Atomic Energy Commission in coordination with other appropriate government agencies.

CHAPTER III – MONITORING

SEC. 12. Air Quality Monitoring. – The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish, to the greatest extent practicable, an air quality monitoring network. Such air quality monitoring network shall to put maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

SEC. 13. Weather Modification. – The Philippine Atmospheric, Geophysical and Astronomical Service Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.

Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration.

TITLE II. – WATER QUALITY MANAGEMENT

SEC. 14. Purpose. – It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

(a) classification of Philippine Waters;

(b) establishment of water quality standards;

(d) responsibilities for surveillance and mitigation of pollution incidents.

CHAPTER I – CLASSIFICATION AND STANDARDS

SEC. 15. Classification of Philippine Waters. – The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following:

(a) the existing quality of the body of water at the time of classification;

(b) the size, depth, surface area covered, volume, direction, rate of flow gradient of stream; and

(c) the most beneficial uses of said bodies of water and lands bordering them for residential, agriculture, commercial, industrial, navigational, recreational and aesthetic purposes.

SEC. 16. Reclassification of Waters Based on Intended Beneficial Use. – Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water.

Other government agencies may adopt higher standards for a particular body of water subject to the approval of the National Pollution Control Commission.

SEC. 17. Upgrading of Water Quality. – Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribe water quality standards.

SEC. 18. Water Quality Standards. – The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others the following:

(a) the standard of water quality or purity may vary according to beneficial uses; and

(b) the technology relating to water pollution control.

CHAPTER II – PROTECTION AND IMPROVEMENT OF WATER QUALITY

SEC. 19. Enforcement and Coordination. – The production, utilization, storage and distribution of hazardous, toxic and other substances such radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharges and dumping of untreated waste water, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concerned shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121.

SEC. 20 Clean-up Operations. – It shall be responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the person and/or entities responsible for such pollution.

SEC. 21. Water Quality Monitoring and Surveillance. – The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.

TITLE III. – LAND USE MANAGEMENT

SEC. 22. Purpose. – The purposes of this Title are:

(a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and

(b) to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nation’s needs and such resources.

SEC. 23. National Land Uses Scheme. – The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land uses scheme consistent with the purpose of this title.

The Land Use Scheme shall include among others, the following:

(a) a science-based and technology-oriented land inventory and classification system;

(b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned;

(c) a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor;

(d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance;

(e) a method for exercising control by the appropriate government agencies over the uses of land in are of critical environmental concern and are impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects:

(f) a method to ensure the consideration of regional development and land use in local regulations;

(g) a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities;

(h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it result in violation of any applicable environmental pollution control regulations; and

(i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions.

SEC. 24. Location of Industries. – In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments.

TITLE IV. – NATURAL RESOURCES MANAGEMENT AND CONSERVATION

SEC. 25. Purposes. – The purposes of this Title are:

(a) to provide the basic policy on the management and conservation of the country’s natural resources to obtain the optimum benefits therefrom and to preserve the same for future generations; and

(b) to provide general measures through which the aforesaid policy may be carried out effectively.

SEC. 26. Management Policy. – The National Government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources with the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same.

SEC. 27. Measures for National Exploitation. – Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following:

(a) undertaking manpower and expertise development;

(b) acquiring the necessary facilities and equipments;

(d) reviewing all existing rules and regulating on the exploitation of fisheries and aquatic resources with the view of formulating guidelines for the systematic and effective enforcement thereof; and

(e) conserving such vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef- areas, and islands serving as sanctuaries for fish and other aquatic life.

CHAPTER II – WILDLIFE

SEC. 28. Management Policy. – The national government, through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and hall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity.

SEC. 29. Measures for Rational Exploitation. – Measures for rational exploitation of wildlife resources may include, but shall not limited to, the following:

(a) regulating the marketing of threatened wildlife resources;

(b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

(c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area banning of indiscriminate and/or destructive means of catching or hunting them.

CHAPTER III – FORESTRY AND SOIL CONSERVATION

SEC. 30. Management Policy for Forestry. – The National Government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resource and shall encourage citizens participation therein to keep the country’s forest resources at maximum productivity at all time.

SEC. 31. Measures for Rational Exploitation of Forest Resources. – Measures for the rational exploitation of forest resources may include, but shall not be limited to the following:

(a) regulating the marketing of threatened forest resources;

(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof;

(c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation’s, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and

(d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; and classifications; forest occupancy management; agri-silvicultural; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

SEC. 32. Use of Fertilizers and Pesticides. – The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.

SEC. 33. Management Policy on Soil Conservation. – The National Government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long term researches and technology for effective soil conservation.

CHAPTER IV – FLOOD CONTROL AND NATURAL CALAMITIES

SEC. 34. Measures in Flood Control Program. – In addition to the pertinent provisions of existing laws. The following shall be included in a soil erosion, sediment, and flood control program:

(a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashore;

(b) the control of flow and flooding in and from rivers and lakes;

(c) the conservation of water which, for purposes of this section shall mean forms of water, but shall not include captive water;

(d) the needs of fisheries and wildlife and all other recreational uses of natural water;

(e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and

(f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.

SEC. 35. Measures to Mitigate Destructive Effects of Calamities. – The national government, through the Philippine Atmospheric, Geophysical and Astronomical Service Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

CHAPTER V – ENERGY DEVELOPMENT

SEC. 36. Policy. – Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging therein the utilization of invariant sources such as solar, wind and tidal energy.

SEC. 37. Measures for Energy Development. – Measures for energy development program may include, but shall not be limited to, following:

(a) setting up to pilot plants utilizing invariant sources of energy;

(b) training of technical personnel for purposes of energy development; and

SEC. 38. Safety Measures on Energy Development. – Rules and regulation shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall:

(a) observe internationally accepted standards of safety; and

(b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

CHAPTER VI – CONSERVATION AND UTILIZATION OF SURFACE AND GROUND WATERS

SEC. 39. Management Policy. – In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provides for the prevention, control and abatement of water pollution.

CHAPTER VII – MINERAL RESOURCES

SEC. 40. Management Policy. – The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizens participation in this endeavor.

SEC. 41. Measures for Exploitation and Utilization of Mineral Resources. – Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following:

(a) increasing research and development in mineral resources technology;

(b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;

(d) accelerating the exploration of undiscovered mineral deposits; and

(e) encouraging the establishment of processing plants for refined metals.

SEC. 42. Purposes. – The purposes of this Title are:

(a) to set guidelines for waste management with a view to ensuring its effectiveness:

(b) to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and reuse of wastes and waste products; and

(c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

CHAPTER I – ENFORCEMENT AND GUIDELINES

SEC. 43. Waste Management Programs. – Preparation and implementation of waste management programs shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs. Every waste management program shall include the following:

(a) an orderly system of operation consistent with the needs of the area concerned;

(b) a provision that the operation will not crate pollution of any kind or will constitute public nuisance;

(d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered;

(e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and

(f) a provision for the periodic revision of the program to ensure its effective implementation.

SEC. 44. Responsibility of Local Governments. – Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

CHAPTER II – METHODS OF SOLID WASTE DISPOSAL

SEC. 45. Solid Waste Disposal. – Solid waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority.

SEC. 46. Sanitary Landfills. – Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfill. Any entity proposing to operate a sanitary and landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this section be located along any shore or coastline, or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations.

SEC. 47. Incineration and Composting Plants. – The installation and establishment of incineration of composting or composting plants or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission.

SEC. 48. Disposal Sites. – The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.

SEC. 49. Dumping into the Sea and Other Navigable Waters. – The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these waste are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property.

Subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission, government agencies and private entities which are undertaking solid waste management programs shall make consultations with the governments agencies concerned with respect to the effects of such dumping of the marine environment and navigation.

CHAPTER III – METHODS OF LIQUID WASTE DISPOSAL

SEC. 50. Liquid Waste Disposal. – Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal I accordance with the rules and regulations promulgated by proper government authority.

SEC. 51. Applicability of Section 8. – The provisions of Section 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.

TITLE VI. – MISCELLANEOUS PROVISIONS

SEC. 52. Population-Environment Balance. – In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the “Council “ shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment.

SEC. 53. Environment Education. – The Department of Education and culture shall integrate subjects on environmental education in its school curricula at all levels.
It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection.

SEC. 54. Environmental Research. – The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research.

SEC. 55. Monitoring and Dissemination of environmental Information of Foreign Origin. – The Council shall itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible.

SEC. 56. Incentives. – To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:

(a) to set guidelines for waste management with a view to ensuring its effectiveness:

(c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

The pollution control equipment, devices, spare parts and accessories acquired under this section shall not be sold, transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.

SEC. 57. Financial Assistance/Grant. – Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small-and medium-scale disposal industries may be granted on a case to case basis subject to such conditions as may be imposed be the Council.

SEC. 58. Participation of Local Government Units and Private Individuals. – It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.

SEC. 59. Preservation of Historic and Cultural Resources and Heritage. – It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, object, memorials and priceless trees.

SEC. 60. Government Offices performing Environmental Protection Functions. – Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121 inquire into any action or issue of environmental significance.

SEC. 61. Public Hearings. – The Council may, when ever it deems necessary, conduct public hearings on issues of environmental significance.

SEC. 62. Definition of Terms. – As used in the Code:

(a) an orderly system of operation consistent with the needs of the area concerned;

(b) a provision that the operation will not crate pollution of any kind or will constitute public nuisance;

(d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered;

(e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and

(f) a provision for the periodic revision of the program to ensure its effective implementation.

TITLE VII. – FINAL PROVISIONS

SEC. 63. Separability of Provisions. – If any provision of this Code, or the application of such provisions to any person or circumstances, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration.

SEC. 64. Effectivity. – This Code shall take effect upon its approval.

Done in the city of Manila, this 6th day of June year of our Lord, nineteen hundred and seventy-seven.

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