WHEREAS, there is a need to modify the organizational structure of the National Pollution Control Commission to make it more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the country’s industrialization program;
WHEREAS, there is an imperative
need to strengthen this Commission to best protect the people from the
growing menace of environmental pollution, and
It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country.
As used in this Decree:chanroblesvirtuallawlibrary
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 or sewage and industrial wastes or other wastes as hereafter defined shall also 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 which may cause or tend to cause pollution, or contribute to the pollution of the water, air and land resources of the Philippines.
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 water, air, and land resources of the Philippines.
e. Sewage System or Sewerage System means pipe lines or conduits, pumping stations, force mains, constructed drainage ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial wastes or other wastes to a point of treatment, discharge or ultimate disposal.
f. Treatment Works means any method, construction device or appliance 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 wastes or other waste, or for the recovery of by-products from such sewage, industrial waste or other waste.
h. Outlet means the terminus of a sewage works or point of emergence in the water, air and land resources of the Philippines of any sewage, industrial wastes or other wastes.
i. Commission means the National Pollution Control Commission.
j. Person or Persons includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
There is hereby created and established a National Pollution Control Commission under the Office of the President. The Commission shall be headed by one full-time commissioner and assisted by two full-time deputy commissioners, one of whom shall be responsible for standard-setting and monitoring and the other for enforcement.chanrobles virtualawlibrary
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for Standard-Setting and Monitoring shall preferably be a sanitary engineer, while the Deputy Commissioner for Enforcement shall prefarably be a lawyer. The Commissioner and the Deputy Commissioners must have technical expertise in the field of pollution control.
The Commissioner and the
Deputy Commissioners shall be appointed by the President of the
There is created an Inter-Agency Advisory Council, attached to the Commission, which shall be composed of representatives designated by the Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local Government and Community Development, National Defense, Natural Resources, and Public Works, Transportation and Communications; the heads of the Laguna Lake Development Authority, National Economic and Development Aurhority, the National Science Development Board and the Human Settlements Commission. The Commissioner shall head the Inter-Agency Advisory Council Representatives from the private sector as may be affected, may be invited to the deliberations of the Council.
The Commission shall have a Water Pollution Control Division, an Air Pollution Control Division, a Legal Division, an Administrative Division and such other divisions or units as may be approved in the General Appropriation Act. Nothing herein contained shall be construed as to automatically terminate or abolish any existing position in the Commission nor shall it be construed as a prohibition against termination of any position.chanrobles virtualawlibrary
The Commission shall also establish such regional offices as may be necessary.
The Commission shall provide such technical, scientific and other services, including the necessary laboratory and other facilities as may be required to carry out the provisions of this Decree: Provided, That the Commission may secure such services as 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 thereof, 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 decree and may prescribe their powers, duties and responsibilities.
The Commission may conduct
scientific experiments, investigations and research to discover
and practical methods of preventing water, air and land pollution. To
end, the Commission may cooperate with any public or private agency in
the conduct of such experiments, investigations and research, and may
sums of money, for in behalf of the National Government, given by any
national or other public or private agency for water, air and land
control activities, surveys or programs.
The Commission shall have the following powers and functions:chanroblesvirtuallawlibrary
b. Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the country. Such plans shall indicate priorities and programs during the year.
c. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal systems and the issuance of permits in accordance with the provisions of this Decree; inspect the construction and maintenance of sewage works and industrial waste disposal system for compliance to plans.
d. Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Commission with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Decree.
e. Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations only after proper notice and hearing.
f. Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished.
g. 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 waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof: Provided, however, That the Commission, by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existng works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required.
h. After due notice and hearing, the Commission may also revoke, suspend or modify any permit issued under this decree whenever the same is necessary to prevent or abate pollution.
i. Set up effluent, stream ambient and emission standards and promulgate rules and regulations therefore: Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher standards subjects to the written approval of the Commission.
j. Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution.
k. Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission.
l. Consult, participate, cooperate and enter into agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree.
m. Collect and disseminate information relating to water, air, and land pollution and the prevention, abatement and control thereof.
n. Authorize its representative to enter to all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution.
o. Prepare and submit sixty days after the close of each calendar year and annual report to the President and such periodic reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives in the plans referred to under Section 6(b) have been achieved.
p. Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree.
b. Appeal to Courts
c. Court Review
d. Execution of Decision
No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof.chanrobles virtualawlibrary
No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution.
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 waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized.
Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this sub-section shall not be a bar to nor shall affect any other remedies provided for in this Decree but shall be cumulative and additional to such remedies.
b. Any person
violate any of the provisions of Section Eight of this Decree or its
rules and regulations, or any Order or Decision of the Commission,
be liable to a penalty of not to exceed one thousands pesos for each
during which the violation continues, or by imprisonment of from two
to six years, or by both fine and imprisonment, and in addition such
may be required or enjoined from continuing such violation as
The Commission shall have no jurisdiction over waterworks or sewage system operated by the Metropolitan Waterworks Sewerage System, but the rules and regulations issued by the Commission for the protection and prevention of pollution under the authority herein granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies or instrumentalities on the same subject.chanrobles virtualawlibrary
In case of developing projects
involving specific human settlement sites or integrated regional or
projects, such as the Tondo Foreshore Development Authority and the
Lake Development Authority, the Commission shall consult with the
charged with the planning and execution of such projects to ensure that
their pollution control standards comply with those of the Commission.
Once minimum pollution standards are established and agreed upon, the
authorities concerned may, by mutual agreement and prior consultation
the Commission, undertake the pollution control activities themselves.
Such amount as may be necessary to carry out the provisions of this Decree, which in no case shall be less than five million pesos, is hereby appropriated yearly for the operating expenses of the Commission out of any funds in the National Treasury.
Any provision of laws, presidential decree, executive order, rules and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly.
This Decree shall take effect immediately.
Approved: August 18, 1976