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collection of Philippine laws, statutes and codes
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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1152
PRESIDENTIAL DECREE NO. 1152 -
PHILIPPINE ENVIRONMENTAL CODE
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chanroblesvirtualawlibrary
WHEREAS,
the broad spectrum of environment has become a matter of vital concern
to the government;chanroblesvirtualawlibrary
WHEREAS, the national leadership has taken a step towards this
direction by creating the National Environmental Protection Council
under Presidential Decree No. 1121;chanroblesvirtualawlibrary
WHEREAS, it is necessary that the creation of the Council be
implemented with the launching of a comprehensive program of
environmental protection and management;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
Section 1. Short Title. — This Decree shall be known
and cited as the "Philippine Environment Code."
TITLE I —R QUALITY MANAGEMENT
Section 2. Purposes. — The purposes of this Title are:cralaw:red
a) to achieve and maintain such levels ofr 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. chanroblesvirtualawlibrary
CHAPTER I
Standards
Section 3. Ambientr Quality Standards. — There shall
be established ambientr quality standards which shall prescribe the
maximum concentration ofr pollutants permissible in the atmosphere
consistent with public health, safety and general welfare.
In the establishment of ambientr 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 standards 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. chanroblesvirtualawlibrary
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 ofrcraft 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. — The
National Pollution Control Commission in coordination with appropriate
government agencies shall be responsible for the enforcement of
ambientr quality emission and noise standards, including the
monitoring and surveillance ofr pollutants, licensing and permitting
ofr pollution control facilities, and the promulgation of appropriate
rules and regulations.
Existingr quality emission and noise standards may be revised and/or
modified consistent with new development and technology.
Section 9. Aircraft Noise. — Community noise
standards aroundrports shall be implemented by the Civil Aeronautics
Administration in coordination with the National Pollution Control
Commission.
Section 10. Vehicular Emissions. — 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.
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 radioactive materials shall be regulated by the
Philippine Atomic Energy Commission in coordination with other
appropriate 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
anr quality monitoring network. Suchr quality monitoring network shall
put to maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with
the results ofr 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 guider 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 Service Administration.
TITLE II — WATER QUALITY MANAGEMENT
Section 14. Purpose. — It is the purpose of this
Title to prescribe management guidelinesmed to protect and improve the
quality of Philippine water resources through:cralaw:red
a) classification of Philippine waters;chanroblesvirtualawlibrary
b) establishment of water quality standards;chanroblesvirtualawlibrary
c) protection and improvement of the quality of the
Philippine water resources, and
d) responsibilities for surveillance and mitigation
of pollution incidents.
CHAPTER I
Classification and 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:cralaw:red
a) the existing quality of the body of water at the
time of classification;chanroblesvirtualawlibrary
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:cralaw:red
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 the 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
discharge 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 concern
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. chanroblesvirtualawlibrary
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 Environmental Protection
Council the results of these monitoring activities as the need
arises. chanroblesvirtualawlibrary
TITLE III — LAND USE MANAGEMENT
Section 22. Purpose. — The purposes of this Title are:cralaw:red
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 and 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:cralaw:red
a) a science-based and technology-oriented land
inventory and classification system;chanroblesvirtualawlibrary
b) a determination of present land uses, the extent
to which they are utilized, underutilized, rendered idle or abandoned;chanroblesvirtualawlibrary
c) a comprehensive and accurate determination of the
adaptability of the land for community development, agriculture,
industry, commerce and other fields of endeavor;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
e) a method for exercising control by the appropriate
government agencies over the use of land in areas of critical
environmental concern and areas impacted by public facilities
including, but not limited to,rports, highways, bridges, ports and
wharves, buildings and other infrastructure projects;chanroblesvirtualawlibrary
f) a method to ensure the consideration of regional
development and land use in local regulations;chanroblesvirtualawlibrary
g) a policy for influencing the location of new
communities and methods for assuring appropriate controls over the use
of land around new communities;chanroblesvirtualawlibrary
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 purposes of this Title
are:cralaw:red
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 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 National Exploitation. —
Measures for the national exploitation of fisheries and other aquatic
resources may include, but shall not be limited to, the following:cralaw:red
a) undertaking manpower and expertise development;chanroblesvirtualawlibrary
b) acquiring the necessary facilities and equipment;chanroblesvirtualawlibrary
c) regulating the marketing of threatened species of
fish or other aquatic resources;chanroblesvirtualawlibrary
d) reviewing all existing rules and regulations on
the exploitation of fisheries and aquatic resources with a view of
formulating guidelines for the systematic and effective enforcement
thereof; and chanroblesvirtualawlibrary
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 waters,
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:cralaw:red
a) regulating the marketing of threatened wildlife
resources;chanroblesvirtualawlibrary
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, 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
Section 30. Management Policy for Forestry. — The
national government, through the Department of Natural Resources, shall
undertake a system of rational exploitation of forest resources and
shall encourage citizen participation therein to keep the country's
forest resources at maximum productivity at all time.
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:cralaw:red
a) regulating the marketing of threatened forest
resources;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 effect on reforestation;
timber stand improvement; forest protection; land classification;
forest occupancy management; agri-silviculture; range management;
agri-silvicultural/kaingin management; industrial tree plantation;
parks and wildlife management; multiple use forest; timber management
and forest research.
Section 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.
Section 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
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; chanroblesvirtualawlibrary
a) the control of soil erosion on the banks of
rivers, the shores of lakes, and the seashores; chanroblesvirtualawlibrary
b) the control of flow and flooding in and from
rivers and lakes; chanroblesvirtualawlibrary
c) the conservation of water which, for purposes of
this Section shall mean forms of water, but shall not include captive
water;chanroblesvirtualawlibrary
d) the needs of fisheries and wildlife and all other
recreational uses of natural water;chanroblesvirtualawlibrary
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 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:cralaw:red
a) setting up of pilot plants utilizing invariant
sources of energy;chanroblesvirtualawlibrary
b) training of technical personnel for purposes of
energy development; and
c) conducting researchesmed 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 exploring and utilizing geothermal
energy, whether owned or controlled by private or government entities
shall:cralaw:red
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
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:cralaw:red
a) increasing research and development in mineral
resources technology;chanroblesvirtualawlibrary
b) training of additional technical manpower needed
in geology, geophysics, mining engineering, and related fields; chanroblesvirtualawlibrary
c) regulating the exploitation of identified mineral
reserves;chanroblesvirtualawlibrary
d) accelerating the exploration of undiscovered
mineral deposits; and
e) encouraging the establishment of processing plants
for refined metals.
TITLE V — WASTE MANAGEMENT
Section 42. Purpose. — The purposes of this Title are:cralaw:red
a) to set guidelines for waste management with a view
to ensuring its effectiveness;chanroblesvirtualawlibrary
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 program 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:cralaw:red
a) an orderly system of operation consistent with the
needs of the area concerned;chanroblesvirtualawlibrary
b) a provision that the operation will not create
pollution of any kind or will constitute public nuisance;chanroblesvirtualawlibrary
c) a system for a safe and sanitary disposal of waste;chanroblesvirtualawlibrary
d) a provision that existing plans affecting the
development, use and protection ofr, water or natural resources shall
be considered;chanroblesvirtualawlibrary
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.
Section 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
Section 45. Solid Waste Disposal. — Solid Waste
disposal shall be by sanitary landfill, incineration, composing, 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 one or more sanitary landfills. Any 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 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.
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. chanroblesvirtualawlibrary
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 shorelines and river banks,
where these 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 Sec. 8. — The provisions
of Sec. 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
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. Environmental 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. Incentives. — To operate the installation
and the utilization of pollution control facilities, the following
incentives are hereby granted:cralaw:red
a) exemption to the extent of fifty (50) per cent of
tariff duties and compensating tax for the 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;chanroblesvirtualawlibrary
b) a tax credit equivalent to fifty (50) per cent 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) per
cent thereof shall be given to the said manufacturer subject to such
conditions as may be imposed by the Council; and
c) deductions equivalent to fifty (50) per cent of
the expenses actually incurred on research projects undertaken to
develop technologies for the manufacture of pollution control equipment
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
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.
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 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.
Section 61. Public Hearings. — The Council may,
whenever it deems necessary, conduct public hearings on issues of
environmental significance.
Section 62. Definition of Terms. — As used in this
Code:cralaw:red
a) "Ambientr 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 anr 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
movements or changes 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 a standard may include water use
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
involving the carriers of such substance such as collisions and
grounding.
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
and 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 circumstance, 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.
Section 64. Effectivity. — This Code shall take
effect upon its approval. chanroblesvirtualawlibrary
Done in the City of Manila,
this 6th day of June in the year of Our Lord, nineteen hundred and
seventy-seven.
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