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This web
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contains the full text of
Presidential
Decree No. 1152
[PHILIPPINE
ENVIRONMENT
CODE]
.
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 towards this direction by creating the National
Environment
Protection Council under Presidential Decree No. 1121;
WHEREAS, it is necessary
that the creation of the Council be complemented 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 a 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
Section 2
Purposes
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 economic development of the
country.
Chapter I
Standards
Section 3
Ambient Air
Quality
Standards
There shall be established
ambient air quality standards which shall prescribe the maximum
concentration
of air pollutants permissible in the atmosphere consistent with public
health, safety and general welfare.
In the establishment of ambient
air quality standards, factors such as local atmospheric conditions,
location
and land use, and available technology, shall be considered among
others.
Section 4
National Emission
Standards
There shall be established
national emission standards for new and 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.
Section 5
Community Noise
Standards
Appropriate standards for
community noise levels shall be established considering, among others,
location, zoning and land use classification
Section 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 or 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.
Section 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
Section 8
Air Quality and
Noise
Standards
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.
Section 9
Aircraft Noise
Community noise standards
around airports shall be implemented by the Civil Aeronautics
Administration
in coordination with the National Pollution Control Commission.
Section 10
Vehicular Emission
The Land Transportation
Commission, in coordination with the National Pollution Control
Commission,
shall implement emission standards for vehicles and may deputize other
appropriate law enforcement agencies for the purpose.
Section 11
Radioactive
Emissions
The release and emission
of radioactivity into the environment incident to the establishment or
possession of nuclear energy facilities and radioactive materials,
handling,
transport, production, storage, use and disposal of radio active
materials
shall be regulated by the Philippine Atomic Energy Commission in
coordination
with other appropriated government agencies.
Chapter III
Monitoring
Section 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 put to maximum use
the
capabilities of these agencies.
The National Environmental
Protection Council shall be furnished with the results of air quality
monitoring
activities.
Section 13
Weather
Modification
The Philippine
Atmospheric,
Geophysical and Astronomical Services 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 or coordination with the Philippine
Atmospheric, Geophysical and Astronomical Services Administration.
TITLE II
WATER QUALITY
MANAGEMENT
Section 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;
c. protection and
improvement of the quality of Philippine water resources; and
d.
responsibilities
for surveillance and mitigation of pollution incidents.
Chapter I
Classification
Standards
Section 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,
agricultural, commercial, industrial, navigational, recreational, and
aesthetic
purposes.
Section 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.
Section 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
prescribed
water quality standards.
Section 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
Section 19
Enforcement and
Coordination
The production,
utilization,
storage and distribution of hazardous, toxic and other substances such
as radioactive materials, heavy metals, pesticides, fertilizers, and
oils,
and disposal, discharge and dumping of untreated wastewater,
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.
Section 20
Clean-up Operations
It shall be the
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
persons
and/or entities responsible for such pollution.
Section 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 put to maximum
use
the capabilities of such government agencies. Each agency involved in
such
network shall report to the National Environment Protection Council the
results of these monitoring activities as the need arises.
TITLE III
LAND USE
MANAGEMENT
Section 22
Purposes
The purposes of this Title
are:
a. to provide a
rational,
orderly and efficient acquisition, utilization and disposition of land
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.
Section 23
National Land Use
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 use 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,
under-utilized,
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, or aesthetic values, or nature systems or
processes
of national significance;
e. a method for
exercising
control by the appropriate government agencies over the use of land in
area of critical environmental concern and areas 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
would
result in a 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.
Section 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
Section 25
Purposes
The purpose of this Title
are:
a. to provide the
basics on the management and conservation of the country’s natural
resources
to obtain the optimum benefits therefrom and to preserve the same for
the
future generations; and
b. to provide
general
measures through which the aforesaid policy may be carried out
effectively.
Chapter I
Fisheries and
Aquatic
Resources
Section 26
Management Policy
The National government,
through the Department of Natural Resources, shall establish a system
of
rational exploitation of fisheries and aquatic resources within the
Philippine
territory and shall encourage citizen participation therein to maintain
and/or enhance the optimum and continuous productivity of the same.
Section 27
Measures for
Rational
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 equipment;
c. regulating the
marketing of threatened species of fish or other aquatic resources;
d. reviewing all
existing
rules and regulations on the exploitation of fisheries and aquatic
resources
with a view to formulating guidelines for the systematic and effective
enforcement thereof; and
e. conserving the
vanishing species of fish and aquatic resources such as turtles, sea
snakes,
crocodiles, corals, as well as maintaining the mangrove areas, marshes
and inland areas, coral reef areas and islands serving as sanctuaries
for
fish and other aquatic life.
Chapter II
Wildlife
Section 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 shall
encourage citizen participation in the maintenance and/or enhancement
of
their continuous productivity.
Section 29
Measures for
Rational
Exploitation
Measures for rational
exploitation
of wildlife resources may include, but shall not be 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 production,
maintaining
their original habitat, habitat manipulation, determining 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
Section 30
Management Policy
for
Forestry
The National Government,
through the Department of Natural Resources shall undertake a system of
rational exploitation forest resources and shall encourage citizen
participation
therein to keep the country’s forest resources at maximum productivity
at all times.
Section 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,
indiscriminate harvesting of minor forest products, the recycling
methods
of waste materials; and
d. carrying out a
continuing effort on reforestation; timber stand improvement; forest
protection;
land classification; forest occupancy management; agri-silviculture;
range
management; agri-silvicultural/kaingin management; multiple use forest;
timber management; and forest research.
Section 32
Management Policy
on
Soil Conservation
The National Government,
through the Department of Natural Resources and the Department
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.
Section 33
Use of Fertilizers
and
Pesticides
The use of fertilizers and
pesticides in agriculture shall be regulated, prescribing therefore a
tolerance
level in their use. Their use shall be monitored by appropriate
government
agencies to provide empirical data for effective regulation.
Chapter IV
Flood Control
and Natural
Calamities
Section 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 or lakes and the
sea-shores;
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.
Section 35
Measures to
Mitigate
Destructive
Effects of
Calamities
The national government,
through the Philippine Atmospheric, Geophysical and Astronomical
Services
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
Section 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.
Section 37
Measures for
Energy
Development
Measures for energy
development
program may include, but shall not be limited to, the following:
a. setting up
pilot
plants utilizing invariant sources of energy;
b. training of
technical
personnel for purposes of energy development; and
c. conducting
researches
aimed at developing technology for energy development.
Section 38
Safety Measures on
Energy
Development
Rules and regulations
shall
be promulgated to prevent or mitigate the adverse effects of energy
development
on the environment. For this purpose, all nuclear powered plants and
plants
exploring and utilizing geothermal energy, whether owned or controlled
by private or government entities shall:
a. observe
internationally
accepted standards of safely; and
b. provide safety
devises to ensure the health and welfare of their personnel as well as
the surrounding community.
Chapter VI
Conservation and
Utilization
of Surface
Ground Waters
Section 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 provide for the prevention, control and abatement
of
water pollution.
Chapter VII
Mineral Resources
Section 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 citizen participation in this endeavor.
Section 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;
c. regulating the
exploitation of identified mineral reserves;
d. accelerating
the
exploitation of undiscovered mineral deposits; and
e. encouraging the
establishment of processing plants for refined metal.
TITLE V
WASTE MANAGEMENT
Section 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 re-use 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
Section 43
Waste Management
Programs
Preparation and
implementation
of waste management programs shall be required for all provinces,
cities
and municipalities. The Department of Local Government and Community
Development
shall promulgate guidelines for the formulation and establishment of
waste
management program.
Every waste management program
shall include the following:
Section 44
Responsibility of
Local
Government
Each province, city or
municipality
shall provide measures to facilitate 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
Section 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.
Section 46
Sanitary Landfills
Local governments,
including
private individuals, corporations or organizations may operate or
propose
to operate one or more sanitary landfills. An entity proposing to
operate
a sanitary 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 land-fill or work locations under this Section be
located
along any shore or coast-line, or along the banks of rivers and
streams,
lakes, throughout their entire length, in violation of any existing
rules
and regulations.
Section 47
Incineration and
Composting
Plants
The installation and
establishment
of incineration 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.
Section 48
Disposal Sites
The location of solid
waste
disposal sites shall conform with existing zoning, land use standards,
and pollution control regulations.
Section 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 shore-lines and river banks, where the wastes 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 government agencies concerned with respect to
the
effects of such dumping to the marine environment and navigation.
Chapter III
Methods of
Liquid Waste
Disposal
Section 50
Liquid Waste
Disposal
Wastewater from
manufacturing
plants, industries, community, or domestic sources shall be treated
either
physically, biologically or chemically prior to disposal in accordance
with the rules and regulations promulgated by proper government
authority.
Section 51
Applicability of
Section
49
The provisions of Section
49 hereof shall likewise apply to the dumping or disposal of liquid
waste
into the sea and other bodies of water.
TITLE VI
MISCELLANEOUS
PROVISIONS
Section 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.
Section 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.
Section 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.
Section 55
Monitoring and
Dissemination
of Environmental Information of Foreign Origin
The Council shall keep
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.
Section 56
Incentive
To operate the
installation
and the utilization of pollution control facilities, the following
incentives
are hereby granted:
a. exemption to
the
extent of fifty (50) percent of tariff duties and compensating tax for
importation of pollution control equipment, devices, spare parts and
accessories
for a period of five (5) years from the effectivity of this Decree
subject
to the conditions that will be imposed by the Council;
b. a tax credit
equivalent
of fifty (50) percent of the value of the compensating tax and tariff
duties
that would have been paid on the pollution control equipment, devices,
spare parts and accessories had these items been imported shall, within
a period of seven (7) years from the effectivity of this Decree, be
given
to the person or firm who or which purchases them from a domestic
manufacturer,
and another tax credit equivalent to twenty-five (25) percent thereof
shall
be given to said manufacturer, subject to such conditions as may be
imposed
by the Council; and
c. deductions
equivalent
to fifty (50) percent of the expenses actually incurred on research
projects
undertaken to develop technologies for the manufacture of pollution
control
equivalent which have been proven effective and commercially
reproducible,
from the taxable income of the person or firm actually undertaking such
projects subject to the conditions that may be imposed by the Council.
The pollution control equipment,
devices, spare parts and accessories acquired under this Section shall
not be sold, transferred or disposed 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.
Section 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 industries may be granted on a case-to-case basis
subject
to such conditions as may be imposed by the Council.
Section 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.
Section 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, objects,
memorials,
and priceless trees.
Section 60
Government Offices
Performing
Environmental
Protection
Functions
Government agencies vested
by laws 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.
Section 61
Public Hearings
The Council may, whenever
it deems necessary, conduct public hearings on issue of environmental
significance.
Section 62
Definition of Terms
As used in this Code.
a. Ambient Air
Quality
means the average atmospheric purity as distinguished from discharge
measurements
taken at the source of pollution. It is the general amount of pollution
present in a broad area.
b. Emission means
the act of passing into the atmosphere an air contaminant, pollutant,
gas
stream and unwanted sound from a known source.
c. Water Quality
means
the characteristics of water which define its use in terms of physical,
chemical, and biological contents; hence, the quality of water for
domestic
use is different from industrial use.
d. Water Quality
Surveillance
means a close and continuous supervision of the water quality to detect
development, movement, or charges in the characteristics of the water.
e. Water Quality
Standard
means a plan that is established by governmental authority as a program
for water pollution prevention and abatement. Such standard may include
water classification and the criteria to support the uses of the water.
f. Effluent
Standards
means restrictions established to limit levels of concentration of
physical,
chemical, and biological constituents which are discharged from point
sources.
g. Clean-up
Operations
refers to activities conducted in removing the pollutants discharged or
spilled in water to restore it to pre-spill condition.
h. Accidental
Spills
refers to spills of oil or other hazardous substances in water that
result
from accidents such as collisions and groundings.
i. Areas of
Critical
Environmental Concern are areas where uncontrolled development could
result
in irreparable damage to important historic, cultural, or aesthetic
values
or natural systems or processes of national significance.
j. Hazardous
Substances
means elements or compounds which when discharged in any quantity
present
imminent or substantial danger to public health and welfare.
k. Areas Impacted
by Public Facilities refers to areas where the introduction of public
facilities
may tend to induce development and urbanization of more than local
significance
or impact.
l. Environmental
Impact
is the alteration, to any degree, of environmental conditions or the
creation
of a new set of environmental conditions, adverse or beneficial, to be
induced or caused by a proposed project.
m. Government
Agencies
refers to national, local and regional agencies and instrumentalities
including
government-owned or controlled corporations.
TITLE VII
FINAL PROVISIONS
Section 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 provisions to other persons or circumstances shall not be
affected
by such declaration.
Section 64
Effectivity
This Code shall take
effect
upon its approval.
Done in the City of
Manila,
this 6th day of June, the year of our Lord, nineteen hundred and
seventy-seven.
Approved:
June 6, 1977
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