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Coolapse all descriptions
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| Compliance Assistance Center |
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What is a Compliance Assistance Center or CAC?
CAC comprises of activities, tools or technical assistance which provide clear and consistent information for the regulated establishments to help them understand environmental regulations and be able to comply with their obligations under environmental regulations.
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What are the objectives and functions of the CAC?
The CAC is a means to promote compliance even as the environmental authorities continue to undertake enforcement work.
The Laguna Lake Development Authority and the Baras Business Council
jointly established the Compliance Assistance Center (CAC) to assist
hog farms located in the Laguna de Bay Region to comply with
environmental laws, rules, regulations, policies and standards and be
able to initiate continuing improvements in environmental compliance in
their operations, consistent with good production practices.
The
Laguna de Bay Region consists of the cities and municipalities in the
provinces of Laguna and Rizal, four in the Province of Cavite (Tagaytay
City, Silang, General Mariano Alvarez and Carmona), three in the
Province of Batangas (Tanauan City, Malvar and Sto. Tomas), one in
Quezon Province (Lucban), and nine in Metro Manila (Taguig, Pateros,
Caloocan, Pasay, Muntinlupa, Manila, Pasig, Marikina and Quezon City).
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Is the CAC a government administrative body or office?
LLDAâs CACs are neither a government administrative body or offie. A CAC is managed through partnership with host institutions, e.g., NGOs, industry associations, academic institutions, etc.
The Hog Raising CAC is jointly established by the Laguna Lake Development Authority (LLDA) and the Baras Business Council, with the support of the Asian Environmental Compliance and Enforcement Network (AECEN).
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What is the relationship between the CAC, LLDA and DENR/EMB?
LLDA CACs are provided through its Compliance Assistance Program, and administered by host institutions.
LLDA continues to assist the CACs by providing information on newly adopted rules or proposed regulations, discussion of issues/concerns, links to LLDA website, technological development, etc.
The Philippine Government, through the Department of Environment and
Natural Resources promulgates laws to protect and mitigate the natural
environment surrounding the Laguna Lake area.
The Laguna Lake
Development Authority has primary responsibility for implementing those
environmental laws in the Laguna de Bay region.
The
Environmental Management Bureau of the DENR implement the laws
nationally and develop standards to address all facets of the
environment, including air, water, and other natural resources.
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| Environmental Impact Assessment |
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What is an Environmental Compliance Certificate or ECC?
It is a document issued by the DENR/EMB after a positive review of an ECC application, certifying that the Proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan.
The ECC also provides guidance to other agencies and to LGUs on EIA findings and recommendations which need to be considered in their respective decision-making process.
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Is an ECC required for a hog raising operation?
Hog raising operations are classified as non-environmentally critical projects. Whether it needs an environmental compliance certificate (ECC) or other types of certification, depends on two other things:
- Whether it is located in an environmentally-critical area (ECA), and
- Scale of operations (hog population or number of heads of stock).
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What documents are needed when applying for an ECC?
- Specific document requirements can be found in Annex 2-1a Table 3 pages 56-57 of the Revised Procedural Manual for DENR Administrative Order No.30 Series of 2003 (DAO 03-30)
- However , if you are located within the Laguna de Bay area, document requirements were the same as above , except for some additional attachments ( since the application will be for both ECC and LLDA Clearance)
- Under DENR MC 2007-08, no permits and/or clearances issued by the National Government Agencies and LGUs shall be required in the processing of ECC or CNC applications.
- Likewise, findings and recommendations of the EIA shall be transmitted to relevant government agencies for them to integrate in their decision-making prior to the issuance of clearances, permits and licenses under their mandates.
- Thus, with or without the following requirements, the ECC/CNC applications shall be processed/issued: Water Permit from NWRB, Locational Clearance from LGU/HLURB, EGGAR/GAR approved by MGB.
- Submission thereof 45 days from receipt of approved clearance, will form part of the ECC/CNC conditionalities.
- LLDA Clearance may be secured/issued after the ECC issuance, i.e. it is not a pre-requisite to an ECC (DENR Memo-Clarification dated January 29, 2008).
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What is an Environmental Impact Statement (EIS)?
An EIA is a document prepared and submitted by the proponent / consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project in the environment.
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What is an Initial Environmental Examination (IEE) Report?
An Initial Environmental Examination (IEE) Report is a document similar to an EIS, but with reduced details and depth of assessment and discussion.
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What is an IEE-Checklist?
An IEE checklist is a simplified checklist version of an IEE Report, prescribed by the DENR, to be filled up by a proponent to identify and assess a projects environmental impacts and the mitigation/enhancement measures to address such impacts.
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Where to apply for an ECC?
- For projects classified as environmentally critical projects (ECP) located at either critical or non-critical areas, ECC applications are submitted at EMB Central Office.
- Apply with the EIA Division of the EMB regional office with jurisdiction over your project location.
- For projects located within the Laguna de Bay Region, apply with the LLDA (PCD/EIAU).
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Where to apply for a CNC?
- Apply with the EIA Division of the EMB regional office with jurisdiction over your project location.
- For projects located within the Laguna de Bay Region, apply with the LLDA (PCD/EIAU).
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What is a Certificate of Non-Coverage or CNC?
A Certificate of Non-Coverage or CNC is a certification issued by EMB/ LLDA certifying that , based on submitted project description, the project is not covered by the EIS system and is not required to secure an ECC.
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What projects can apply for a CNC?
- Any project not covered by the EIS system
- Securing a CNC is not mandatory, it is voluntary as needed by project proponents (e.g. bank financing, ISO recognition or awards, etc.)
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What documents are needed to apply for a CNC?
A Project Description Report (PDR) for Group II & III (Annex 2-1b) project is the option of the proponent to apply as the basis for its request for the issuance of a Certificate of Non-Coverage (CNC).
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Are there projects or establishments that are exempt from the coverage of PD 1586, the Environmental Impact Assessment Law?
Exempted projects or establishments include:
- Those that were operational prior to 1982 (and have not stopped operations for a period of 2 years since 1982 , except in cases where their operation are expanded in terms or production / areas of coverage or the process is modified);
- Family Dwellings/ Residential Units; and
- Barangay Micro-Business Enterprises under RA 9178.
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If an exempt project or establishment owner expands its project or changes its technologies like machineries, is it required to apply for an ECC?
If the owner of a previously exempt project or establishment owner expands its project or changes its technologies like machineries, it must apply for an ECC.
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How long does it take for an ECC to be released?
The prescribed period for processng and releasing an ECC depends on the documentation required, which is:
- 60 days for ECC based on IEE Report or
- 30 days for ECC based on IEE Checklist
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What projects are required to secure an ECC? - or covered by the P.D 1586?
- Pursuant to Sec.4 of P.D 1586 (1978) the EIA process covers projects which have been originally declared as Environmentally Critical Projects (ECPâs- Proclamation No. 2146 in 1981) or projects in Environmentally Critical Areas (ECAâs- Proclamation No.813, 1996) presumed to have significant impacts on the quality of the environment.
- Non-Environmentally Critical Projects (NECP) types which, if located in ECAs, may have significant impacts on the environment.
- Complete and specific list of project types and project size parameters may be seen at Annex 2-1b (Project grouping Matrix for Determination of EIA Report Types for New Single & Co-Located Projects) of the Revised Procedural Manual for DENR Administrative Order No.30 Series of 2003(DAO 03-30)
Visit EMB's Environmental Impact Assessment Website at eia.emb.gov.ph.
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| Environmental Laws, Regulations and Standards |
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What are the key environmental laws, regulations and issuances that a establishment or project must comply with?
The fundamental environmental laws of the Philippines in general, and the Laguna de Bay region, are embodied in the following Presidential Decrees and Republic Acts enacted by the Legislature:
- PD 1586 & its IRR (DAO 03-30) â Phil. Environmental Impact Statement System
- R.A. 4850, as amended & its IRR (Board Resolutions) â LLDA Mandates
- R.A 9275 â Phil. Clean Water Act of 2004
- R.A.8749 â Phil. Clean Air Act of 1999
- R.A. 9003 â Solid Waste Management Act of 2000
- R.A. 6969 â Toxic and Hazardous Waste Act of 1990
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Why is it important for a project or establishment to comply with environmental laws, rules and regulations?
It is obligatory; hence, it is necessary to comply with requirements of the law.
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What are environmental standards?
Environmental standards are sets of requirements which must be fulfilled at a given time in a given environment or particular part thereof, as set out in the legislation. The quality standards usually refer to limit values.
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What are the most common standards or parameters that LLDA have to enforce to safeguard the water quality within its jurisdiction?
Water quality standards are specified in DENR Administrative Order 35 or the Revised Effluent Regulations of 1990.
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What is biochemical oxygen demand?
The amount of oxygen required by aerobic microorganisms to decompose the organic matter in a sample of water ( such as that polluted by sewage).
It is used as a measure of the degree of water pollution.
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What is total suspended solids?
TSS are solids in water that can be trapped by filter. TSS can include a wide variety of material such as silt, decaying plant & animal matter, industrial wastes and sewage.
High concentration of suspended solids can cause many problems for stream health & aquatic life.
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What can happen if an establishment or project fail to comply with environmental laws, regulations and standards?
It shall be cited for violation (s) and the imposition of the corresponding fine, penalties etc.
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What is the cost of failure to comply to environmental laws, regulations and standards?
It depends upon the cost set in the law that has been violated.
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| Environmental User Fee |
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What is the Environmental User Fee?
The Environmental User Fee is the fee levied on the dischargers for the use of the lake or its tributary rivers and streams for waste disposal purposes according to each unit of discharge.
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What is the principle or rationale behind the EUF?
- THe EUF was initially implemented in the Laguna de Bay Region in 1997
- It is a market-based instrument that applies the âpolluters pay principleâ
- It serves as an economic means to force polluters to reduce/abate water pollution while instituting remedial measures within their establishment
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How is the EUF computed?
The Environmental User Fee is computed as follows:
EUF = FIXED FEE + VARIABLE FEE
where:
- VARIABLE FEE = LOADING x Rate
- LOADING = Q x (BOD5/TSS) x days/yr x 0.001, where rate is:
- PhP5/kg BOD/TSS if complying with the effluent standards, or
- PhP30/kg BOD/TSS if non-complying with the effluent standards
- FIXED FEE -- based on vol. rate of discharge, as follows:
- Conventional Parameters: (pH, TSS, BOD, COD, O/G, Color)
- 0- 30 cu.m/day - PhP 8,000.00
- >30 â 150 cu.m/day â PhP 16,000.00
- >150 cu.m/day â PhP 24,000.00
- With Heavy Metals:
- 0 â 150 cu.m/day â PhP 16,000.00
- >150 cu.m/day â PhP 24,000.00
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When is the EUF required to be paid?
The EUF is to be paid upon application of Discharge Permit.
The Discharge Permit is legal authorization granted by LLDA to discharge liquid waste or wastewater of specified concentration and volume into the sewer or any water body that directly or eventually drains into the Laguna de Bay for the specified period of time.
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How often should an establishment or project pay the EUF?
Upon renewal or revalidation of the Discharge Permit.
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What is the authority of government, and for this matter, the LLDA, in imposing an EUF?
- Unique institutional structure, no need for further legislation
- Legal Basis: Executive Order No. 927 s. 1983:
- Authorized to collect fee on both intake and discharge of water and issue permit for discharges;
- Authorized to retain revenues and utilize the same for environmental and management purposes;
- Administratively attached to DENR thereby facilitating expansion of the program nationwide
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Where is the EUF paid?
The EUF is paid at the LLDA.
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For what purpose is the EUF spent?
The EUF is used to support LLDAâs Environmental Management Program which includes the following components:
- Water Quality Monitoring
- Shoreland Management
- River Rehabilitation
- Information, Education and Communication Campaign (IEC)
- Outreach Programs
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What is an LLDA Clearance?
The LLDA clearance is secured from the LLDA before development activities, projects and installations can be constructed, maintained, expanded, modified or implemented by any government office/agency or government corporation or private person or enterprises.
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Is LLDA Clearance the same as the EUF?
No. The EUF is a fee levied on the dischargers for the use of the lake or its tributary rivers and streams for waste disposal purposes according to each unit of discharge.
The LLDA Clearance is an issuance secured before development activities, projects and installations can be constructed, maintained, expanded, modified or implemented by any government office/agency or government corporation or private person or enterprises.
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When should a project or establishment apply for LLDA Clearance?
An LLDA Clearance must be applied for and secured prior to the start of any development.
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Is the LLDA clearance a one-time clearance?
Yes, unless there is an expansion, modification, renovation or any analogous activities performed on any development activity, project, and installation, which is/are not covered by a previously issued LLDA Clearance.
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What types of projects are covered by LLDA Clearance?
LLDA Board Resolution 223 defines which development activities are required to secure LLDA Clearance.
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What types of projects are exempted from an LLDA Clearance?
LLDA Board Resolution 223 defines which development activities are not required to secure LLDA Clearance, aside from listing which activities that must secure the clearance.
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| Monitoring and Enforcement |
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How does LLDA monitor establishments within its jurisdiction?
LLDA monitors establishments in the course of:
- Routine/Compliance Monitoring
- Investigation
- Survey/Saturation
- Compliance to Legal Orders
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How often does the LLDA monitor establishments?
- All compliance monitoring activities are unannounced
- Schedule of visit is based on geographical location of the firm
- Mandatory monitoring for all firms falling within the 3rd Quarter schedule / compliance monitoring schedule
- Frequent monitoring for firms with pollution case
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What are the monitoring roles of LLDA and EMB
If an establishment operating within the LLDA jurisdiction is already complying with environmental regulations that are enforced by LLDA, it still has to comply with regulations that are being enforced by the Environmental Management Bureau.
These regulations include those related to RA 6969 for toxic and hazardous wastes and the Philippine Clean Air Act for air pollution.
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