REPUBLIC ACT NO. 3931
AN ACT CREATING
THE
NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION
Be it enacted by the Senate
and House of Representatives of the Philippines in Congress assembled:chanroblesvirtuallawlibrary
Section 1
Statement of Policy
It is hereby declared a
national policy to maintain reasonable standards of purity for the
waters
and of this country with their utilization for domestic, agricultural,
industrial and other legitimate purposes.
Section 2
Definitions
As used in this Act:chanroblesvirtuallawlibrary
a. Pollution means
such alteration of the physical, chemical and/or biological properties
of any water and/or atmospheric air of the Philippines, or any
discharge
of any liquid, gaseous or solid substance into any of the waters and/or
atmospheric air of the country as will or is likely to create or render
such waters and/or atmospheric air harmful or detrimental or injurious
to public health, safety or welfare, or to domestic, commercial,
industrial,
agricultural, recreational or other legitimate uses, or to livestock,
wild
animals, birds, fish or other aquatic life.
b. Sewage means
the
water-carried human or animal wastes from residences, buildings,
industrial
establishments, or other places, together with such water infiltration
and surface water as may be present. The admixture of sewage as above
defined
and industrial wastes or other wastes as hereafter defined, shall be
considered
sewage.
c. Industrial
waste
means any liquid, gaseous or solid matter, or other waste substance or
a combination thereof resulting from any process of industry,
manufacturing
trade or business or from the development, processing or recovery of
any
natural resources.
d. Other waste
means
garbage, refuse, wood residues, sand, lime, cinders, ashes, offal,
night-oil,
tar, dye stuffs, acids, chemicals, and other substances not sewage or
industrial
waste which may cause or tend to cause pollution or contribute to the
pollution
of the waters and/or atmospheric air of the Philippines.
e. Sewage system
or
sewerage system means pipe lines or conduits, pumping stations, force
mains,
constructed drainage ditches, and all other construction, devices, and
appurtenances used for collecting or conducting sewage, and industrial
waste or other wastes to a point of ultimate disposal or discharge.
f. Treatment works
means any methods, construction, device or appliances appurtenant
thereto,
installed for the purpose of treating neutralizing, stabilizing,
disinfecting,
or disposing of sewage, industrial waste or other wastes, or for the
recovery
of by-product from such sewage, industrial waste or other wastes.
g. Sewage works
means
individually or collectively those constructions or devices used for
collecting
pumping, treating, and disposing of sewage, industrial waste or other
waste,
or for the recovery of by-products from such sewage, industrial waste
or
other wastes.
h. Outlet means
the
terminus of a sewage works or point of emergence into the waters and/or
atmospheric air of the Philippines of any sewage, industrial waste or
other
wastes.
i. Waters of the
Philippines
means all accumulations of water, surface and underground water,
natural
or artificial, public or private or parts thereof, which are within the
Philippines or within its jurisdiction.
j. Atmospheric air
of the Philippines means the air within the Philippines or within its
jurisdiction.
k. Person or
Persons
means any individual public or private corporation, political
subdivision,
government agency, municipality, public or private institution,
industry,
co-partnership, association, firms, trust, or any other entity
whatsoever.
l. Stream
standards
or stream standards means such measure of purity or quality for any
waters
in the Philippines in relation to their reasonable and necessary use.
m. Commission
means
the National Water and Air Pollution Control Commission.
Section 3
Creation of the
National
Water
and Air Pollution
Control
Commission;
Members;
Compensation;
Advisory Council
There is hereby created
and established in the Office of the President of the Philippines, the
National Water and Air Pollution Control Commission, with permanent
office
in the City of Manila. The Commission shall be composed of the Chairman
of the National Science Development Board, as chairman, and, as
members,
four part-time commissioners, one of whom shall be an officer of the
Department
of Health who shall be designated by the Secretary of Health; another
shall
be an officer of the Department of Agriculture and Natural Resources,
who
shall be designated by the Secretary of Agriculture and Natural
Resources;
and the remaining two shall be representatives of the private sector
who
shall be appointed by the President of the Philippines with the consent
of the Commission on Appointments, one upon recommendation of the
Philippine
Council of Science and Technology, and the other upon the
recommendation
of the Chamber of Industries of the Philippines; and two full-time
commissioners
who shall likewise be appointed by the President of the Philippines,
with
the consent of the Commission on Appointments. One of the full-time
commissioners
shall be a sanitary engineer; and the other a lawyer. Both shall be
least
thirty-five years of age and shall each have had at least ten years
experience
in the practice of his profession.
The two part-time commissioners
representing the private sector and the two full-time commissioners
shall
serve for four years and until their successors shall have been
appointed
and qualified. They may not be removed except for cause. Upon the
death,
resignation or removal of any of them, the President shall appoint a
qualified
person to fill the vacancy for his unexpired term.cralaw:red
The chairman and members
of the commission, except the full-time commissioners, shall receive no
compensation for their services, but they shall receive per diems
of fifty pesos each per meeting plus the necessary traveling expenses
incurred
in the discharge of their duties as members of the Commission. The two
full-time members shall each receive a yearly compensation of eighteen
thousand pesos. They shall also receive traveling expenses incurred in
the discharge of their duties as commissioners.
Section 4
Organization of
the
Commission:chanroblesvirtuallawlibrary
Its Officers;
Cooperation
with Other Agencies; Acceptance of Donations
The President of the
Philippines
shall organize the Commission within thirty days after the approval of
this Act.
Appointment and
qualifications
of technical secretary. The Technical Secretary of the Commission shall
be appointed by the Commission. He shall be a sanitary engineer with at
least five years experience in the technical and administrative field
of
engineering. He shall be the active administrator of all water and air
pollution control activities of the Commission. The Technical Secretary
shall, during the interim between meetings of the Commission, handle
such
correspondence, make or arrange for such inspections and
investigations,
and obtain, assemble or prepare such reports and data as the Commission
may direct or authorize. His compensation shall be determined by the
Commission.
Contract for services of
personnel from other government agencies. The Commission shall provide
such technical scientific or other services, including the necessary
laboratory
and other facilities as may be required for the purpose of carrying out
the provisions of this Act. The basic personnel necessary to carry out
the provisions of this Act shall be engineers, chemists, bio-chemists,
physicists, and other technicians: Provided, That the Commission may,
by
agreement, secure such services at it may deem necessary from other
agencies
of the National Government, and may make arrangements for the
compensation
of such services. The Commission may also employ and compensate, within
appropriations available therefor, such consultants, experts, advisors,
or assistants on a full or part-time basis as may be necessary, coming
from government or private business entities, associations, or from
local
or foreign organizations, to carry out the provisions of this Act and
may
prescribe their powers, duties, and responsibilities.
The Commission may
conduct scientific experiments, investigations and research to discover
economical and practical methods of preventing water and air pollution.
To this end, the Commission may cooperate with any public or private
agency
in the conduct of such experiments, investigations and research and may
accept, and receipt for sums of money for and in behalf of the National
Government, given by any international, national or other public or
private
agency for water and air pollution control activities, surveys or
programmes:
Provided, That sums of money shall be used only for the purpose for
which
they are contributed and any balance remaining after the conclusion of
experiments, investigations and research shall be returned to the
contributors.
The Commission is authorized to promulgate such rules and regulations
or
enter into contracts as it may deem necessary for carrying out the
provisions
if this Act.
Section 5
Meeting of the
Commission,
Quorum
The Commission shall meet
as often as necessary to carry into effect the provisions of this Act
and
at times and places to be designated by the Chairman of the Commission,
and shall keep a complete record of the meetings which shall be kept on
file in the office of the Technical Secretary, and shall determine the
rules of its own proceedings. Meetings may be called by the chairman
upon
his own initiative or upon the written request of two or more members
of
the Commission. Written notice of the time and place of such meetings
shall
be delivered to the office of each member of the Commission and the
Technical
Secretary. Four members of the Commission shall constitute a quorum to
transact the business of the Commission: Provided, however, That the
concurrence
of the majority of all the members of the Commission shall be necessary
to exercise the powers and duties enumerated in Section six of this Act
and to render any order, judgment or decision in the proceedings
referred
to in section seven and eight hereof.
Section 6
Powers and Duties
a. The
Commission is hereby authorized to:chanroblesvirtuallawlibrary
1. Determine if
pollution
exists in any of the waters and/or atmospheric air of the Philippines.
Findings of the Commission regarding the existence of pollution shall
be
filed on record in the office of the Commission.
2. Adopt,
prescribe,
and promulgate rules and regulations governing the procedures of the
Commission
with respect to hearings; the methods and manner under which plans,
specifications,
designs, or other data relative thereto shall be submitted for sewage
works
and industrial wastes disposal systems or for addition or change to or
extensions of such works; the filing of reports; the issuance of
permits;
and such other reasonable rules and regulations as may be necessary
from
time to time in the proper implementation and enforcement of this Act.
3. Hold public
hearings,
receive pertinent and relevant proofs from any party in interest who
appear
before the Commission, make findings of facts and determinations, all
with
respect to the violations of this Act or orders issued by the
Commission.
4. Make, alter or
modify orders requiring the discontinuance of pollution of the waters
and/or
atmospheric air of the Philippines due to the discharge of sewage,
industrial
wastes or other wastes and specifying the conditions and the time
within
which such discontinuance must be accomplished.
5. Institute or
cause
to be instituted in a court of competent jurisdiction legal proceedings
to compel compliance with the provisions of this Act.
6. Issue, renew,
or
deny permits, under such conditions as it may determine to be
reasonable,
for the prevention and abatement of pollution, for the discharge of
sewage,
industrial wastes or other wastes, or for the installation or operation
of sewage works and industrial disposal systems or parts thereof,
except
that no permits shall be required of any new sewage, works or changes
to
or extensions of existing works that discharge only domestic or
sanitary
wastes from a single residential building housing or occupied by twenty
persons or less: Provided, however, That applications for the
issuance
or renewal of permits required under this Act shall be filed with and
decided
by the city engineer or district engineer of the city or province from
which the discharge of industrial or other wastes shall originate, in
accordance
with rules, regulations and standards to be issued by the Commission.
In
case of doubt, the city or district engineer shall consult with
Commission
before issuing, renewing, or denying the permit applied for; and any
decision
of the city or district engineer may be appealed by the applicant or by
any resident of the place who may be affected by the discharge of waste
to the Commission. under such rules and regulations as the Commission
shall
issue for such appeals.
7. After due
notice
and hearing, revoke, suspend or modify any permit issued under this
Act,
whenever modifications are necessary to prevent or abate pollution of
any
water and/or atmospheric air of the Philippines.
8. Cause such
investigation
to be made as it may deem advisable and necessary for the discharge of
its duties under this Act.
9. Settle or
compromise
any dispute arising out of the implementation and enforcement of the
second
paragraph of Section ten of this Act as it may seem advantageous to the
public interest.
10. Perform such
other
duties as may be necessary to carry out effectively the duties and
responsibilities
prescribed in this Act.
b. The Commission
shall have the following duties and responsibilities:chanroblesvirtuallawlibrary
1. To encourage
voluntary
cooperation by the people, municipalities, industries, associations,
agriculture
and representatives of other pursuits in the proper utilization and
conservation
of the waters and/or atmospheric air of the Philippines.
2. To encourage
the
formation and organization of cooperative groups or associations in
municipalities,
industries, enterprises and other users of the waters who severally and
jointly are or may be the source of pollution of the same waters, the
purpose
of which shall be to provide a medium to discuss and formulate plans
for
the prevention and abatement of pollution.
3. To serve as
arbitrator
for the determination of reparations involved in the damages and losses
resulting from the pollution of the waters and/or air of the
Philippines.
4. To devise,
consult,
participate, cooperate and enter into agreements with other agencies of
the government, and with affected political groups, political
subdivisions,
and enterprises in the furtherance of the purpose of this Act. This
particularly
refers to such cooperative agreements with the various provincial and
municipal
governments in securing their assistance in carrying out the provisions
of this Act.
5. To prepare and
develop a comprehensive plan for the abatement of existing pollution
and
prevention of new and/or imminent pollution of the waters and/or
atmospheric
air of the Philippines.
6. To issue
standards,
rules and regulations to govern city and district engineers in the
approval
of plans and specifications for sewage works and industrial wastes
disposal
systems and in the issuance of permits in accordance with the
provisions
of this Act, and to inspect the construction and maintenance of sewage
works and industrial waste disposal system for compliance of the
approved
plans.
7. To collect and
disseminate information relating to water and atmosphere pollution and
the prevention, abatement and control thereof.
8. To authorize
its
representative to enter at all reasonable times in or upon any property
of public domain and private property devoted to industrial,
manufacturing,
processing or commercial use without doing damages, for the purpose of
inspecting and investigating conditions relating to pollution or the
possible
or imminent pollution of any waters or atmospheric air of the
Philippines.
Section 7
Public Hearings
Public hearings shall be
conducted by the Commission in connection with and prior to action by
the
said Commission on the following cases:chanroblesvirtuallawlibrary
a. Any order or
findings
of the Commission requiring the discontinuance of discharge of sewage,
industrial wastes or other wastes into the waters or atmospheric air of
the Philippines as provided for in this Act.
b. Any order
denying,
revoking or modifying a permit as provided by this Act.
The hearing herein provided
may be conducted by the Commission itself at a meeting of the
Commission,
or the Commission may delegate to any member, or to the Technical
Secretary
the power and authority to conduct such hearings in the name of the
Commission
at any time and place. In such hearings, any member of the Commission,
or the Technical Secretary may issue in the name of the Commission,
notices
of hearings requesting the attendance and testimony of witnesses and
the
production of evidence relevant to any matter involved in any such
hearing,
and may examine such witnesses. All stenographic transcript of the
proceedings
of said hearings shall be taken and filed with the Commission.
Section 8
Proceedings Before
the
Commission
The Commission may, on its
own motion, or upon the request of any person, investigate or may
inquire,
in a manner to be determined by it, as to any alleged act of pollution
or the omission or failure to comply with any provisions of this Act or
any order of this Commission.
Pro parte hearing after preliminary
investigation. Whenever it appears to the Commission, after
investigation,
that there has been a violation of any of the provisions of this Act or
any order of the Commission, it may order whoever causes such violation
to show cause before said Commission why such discharge of industrial
wastes
or any waste should not be discontinued. A notice shall be serve on the
offending party directing him or it to show cause before the
Commission,
on a date specified in such notice, why an order should not be made
directing
the discontinuance of such violation. Such notice shall specify the
time
and the place where a public hearing will be held by the Commission or
its authorized representatives, and notice of such hearing shall be
served
personally or by registered mail, at least ten days before said
hearing:
and in the case of municipality or corporation such notice shall be
served
upon the mayor or president thereof. The Commission shall take evidence
with reference to said matter and may issue an order to the party
responsible
for such violation, directing that within a specified period of time
thereafter,
such violation be discontinued unless adequate sewage works or
industrial
wastes disposal system be properly operated to prevent further damage
or
pollution.cralaw:red
No investigation being conducted
or ruling made by the Commission shall prejudice any action which may
be
filed in court by any person in accordance with the provisions of the
New
Civil Code on nuisance. On matters, however, not related to nuisance,
no
court action shall be initiated until the Commission shall have finally
ruled thereon and no order of the Commission discontinuing the
discharge
of waste shall be stayed by the filing of said court action, unless the
court issues an injunction as provided for in the Rules of Court.
Section 9
Prohibitions
No person shall throw,
run,
drain, or otherwise dispose into any of the water and/or atmospheric
air
of the Philippines, or cause, permit, suffer to be thrown, run, drain,
allow to see or otherwise dispose into such waters or atmospheric air,
any organic matter or inorganic matter or any substance in gaseous or
liquid
form that shall cause pollution of such waters or atmospheric air.
No person shall perform any
of the following activities without first securing a permit from the
city
or district engineer for the discharge of all industrial wastes and
other
wastes which are or may be discharged into the waters or atmospheric
air
of the Philippines, which could cause pollution thereof:chanroblesvirtuallawlibrary
1. the
construction,
installation, modification or operation of any sewage works or any
extension
or addition thereto;
2. the increase in
volume or strength of any wastes in excess of the permissive discharge
specified under any existing permit;
3. the
construction,
installation, or operation of any industrial or commercial
establishments
or any extension or modification thereof or addition thereto, the
operation
of which would cause an increase in the discharge of wastes directly
into
the waters or atmospheric air of the Philippines or would otherwise
alter
the physical, chemical or biological properties of any waters or
atmospheric
air of the Philippines in any manner not already lawfully authorized;
4. the
construction
or use of any new outlet for the discharge of any waste, gaseous or
liquid,
directly into the waters or atmospheric air to the Philippines.
Section 10
Penalties
Any person who shall
violate
any of the provisions of Section nine of this Act or who violates any
order
of the Commission, shall be liable to a penalty of not to exceed fifty
pesos for each day during which the violation continues, or by
imprisonment
of from two years to six years, or by both fine and imprisonment and in
addition such person may be required or enjoined from continuing such
violation
as hereinafter provided.
Any person who violates any
of the provisions of, or fails to perform any duty imposed by this Act,
or who violates an order or other determination of the Commission
promulgated
pursuant to this Act, thereby causing the death of fish or other
aquatic
life, or damages or destroys the natural habitat necessary for the
propagation
of fish or other aquatic life, shall in addition to the penalty above
prescribed,
be liable to pay the government for damages for fish or other aquatic
life
destroyed. The Commission after consultation with fishery officials of
the Department of Agriculture and Natural Resources shall, through a
court
of competent jurisdiction, bring an action against such person and
recover
the reasonable value of the fish or other aquatic life and/or habitat
destroyed
by such pollution. Any amount so recovered shall be placed in the funds
made available to the Fisheries Commission.
Section 11
Jurisdiction
The Commission shall have
no jurisdiction over waterworks or sewage systems operated by the
NAWASA
but rules and regulations issued by the Commission for the protection
and
prevention of pollution of the atmospheric air and water of the
Philippines
under the authority herein granted shall supersede and prevail over any
rules or regulations as may heretofore have been issued by the NAWASA
or
by the Department of Health on the same subject matter.
Section 12
Appropriation
The sum of one million
five
hundred thousand pesos or so much thereof as may be necessary is hereby
authorized to be appropriated yearly for the operating expenses of the
Commission as additional appropriation to the yearly budget of the
Office
of the President of the Philippines.
Section 13
Repealing Clause
Any Act or parts of Acts
inconsistent with the provisions of this Act are hereby repealed,
without
prejudice to the provisions of Republic Act Numbered Thirteen hundred
seventy-eight.
Section 14
Effectivity
This Act shall take effect
upon its approval.
Approved: June 18, 1964 |