Enforcing Environmental Laws in the Laguna de Bay Region

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Enforcing Environmental Laws in the Laguna de
Bay Region
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Outline of the Presentation

• Overview on the nature and specific mandate of
  LLDA and its relationship with national and local
  agencies in environmental law enforcement
• Specific policies and standards enforced by LLDA
• Enforcement response process in addressing
  violations of environmental standards and
  regulations

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Outline of the Presentation

• LLDAs enforcement approaches and their
  contributions to overall compliance promotion
  program
• Key ECE challenges and responses faced by LLDA at
  a decentralized level
• LLDA initiatives in addressing challenges in
  enforcement
• Suggestions/recommendations in effective
  enforcement

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Laguna de Bay Region, Philippines
Surface Area 90,000 has. Water Depth (Ave) 2.8
m Total Volume 3.2 BCM Shoreline
220 Kms
Lake Water Quality Class C ( Suitable for
Fisheries )
Map of the Philippines
Laguna de Bay Watershed
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Introduction to Laguna de Bay

• Largest lake in the Philippines, one of the
  largest in Southeast Asia
• In the midst of the countrys urban and
  agro-industrial development
• 24 hydrological sub-basins traverse 10 cities and
  51 municipalities in 6 provinces (including Metro
  Manila) around the lake
• Multiple uses (fisheries/aquaculture, irrigation,
  hydropower generation, water supply, transport
  and navigation, recreation)
• Only one outlet, Napindan Channel that controls
  flow to the Pasig River that discharges to Manila

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LLDA Core Functions
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Institutional and Legal Context
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CORPORATE CHARACTER

• LLDA is a body corporate with governmental /
• proprietary powers, among others
• Issues and enforces policies and regulations
  thru its Board of Directors
• LLDA can institute lawsuits against any person
  who
• shall implement any developmental activity
  within
• the LLDB Region without its clearance or
  permit
• Collects fees for use of surface waters /
  discharge of wastewater
• Appropriates/allocates funds for environmental
  purposes thru its Board without the need for
  congressional approval

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Environmental Regulation and Enforcement
Functions

• Establish and enforce water quality standards for
  industrial, agricultural and municipal uses
• Issue and revoke permits for use of surface
  waters within the lake region
• Approve development plans/projects proposed by
  LGUs, public corporations and other government
  agencies, private persons or enterprises
• Collect fees for use of lake water resources for
  all beneficial purposes and for discharge of
  water to the lake and its tributaries
• Compel compliance

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Devolved Environmental Functions

• LGUs ENR functions
• Noise, odor and nuisance
• Solid waste management (RA 9003)
• Backyard scale piggeries (below 10 sow level)
• Communities/ stakeholders
• Multi-partite Monitoring Team in case of
  development projects/ activities with ECC based
  on EIS
• River Councils
• Citizens monitoring feedback (through LLDA
  platforms)

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LLDA CLEARANCE/Discharge Permit

• Legal Bases
• Republic Act 4850, as amended by Presidential
  Decree 813 and Executive Order 927
• Philippine Clean Water Act (Republic Act 9275)
• Presidential Decree 984 (Pollution Control Law)
• DENR Administrative Orders 34 35 (Water Quality
  Criteria and Effluent Standards)

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Composition of the LLDA Board of Directors
Composition of the LLDA Board of Directors
Representative of the Office of the President
Secretary, Dept. of Environment and Natural
Resources
Secretary, Dept. of Trade and Industry
Secretary, National Economic Development Authority
Governor, Province of Laguna
Governor, Province of Rizal
Chairman, MMDA
Presidents, Leagues of Mayors of Rizal and Laguna
Private Investors Representative

• General Manager, LLDA, ex-Officio member

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Compliance Monitoring

• All compliance monitoring activities are
  unannounced
• Schedule visit is based on geographical location
  of the firm
• Mandatory monitoring for all firms falling within
  the 3rd quarter schedule
• 3rd quarter Resulats of Laboratory Analysis
  (ROLA) is the basis for processing of Discharge
  Permit
• Inspectors are equipped with proper
  identification and mission orders

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Strategies for Improved Monitoring and Inspection

• Set limitation in inspection/ monitoring by
  prioritizing firms with possible sources of
  wastewater pollution
• Less frequent inspection/sampling and based on
  effluent flowrate and type of waste

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Contents of NOV

• Name of the party/ies
• Nature of violation
• Directive for
• Appearance in public hearing
• For exceedance of effluent standards Institute
  correction /remedial measures to control/ abate
  pollution within 15 days from receipt
• Continuous violation Show cause in writing why
  no ex-parte CDO shall be issued for the violation
• For permit requirements comply within 60 days
  from receipt

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Conducting Technical Conferences

• Service of notice at least 3 days prior to
  proceedings
• Appearance of accredited PCO or duly authorized
  representative in all proceedings (consultant not
  allowed to make representations)

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Alternative Dispute Resolution

• Aims at bringing parties together based on mutual
  interest
• Out-of-court solution to conflicts
• Common interest can lead to problem solving that
  is aimed at arriving at a win-all-situation.

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Requisites for Public Hearing

• Serving of notice at least 3 days prior to
  proceedings, directing to furnish all related
  documents
• Docket no. and calendar of cases
• Appearance of accredited PCO with duly authorized
  rep/s( senior company officer, legal counsel)
  consultant may appear with reps but in no case
  shall he/she be the sole rep non-appearance is
  tantamount to waiver of respondents right to a
  hearing and the LLDA will proceed to determine
  the merits of the case and apply proper relief
  measures under the law.

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Requisites for Public Hearing

• Issuance of sub-poena/sub-poena duces tecum for
  documents requested by any affected party/ies at
  least 5 days prior PH
• Ocular inspection if warranted for determination
  of issue
• PH is by simplified rules of evidence, not by
  technical rules of evidence under the Rules of
  Court
• Records of proceedings

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Orders Decisions

• Issuance of cease desist order (CDO)- executory
  within 72 hours from issuance
• Ex-Parte Order (executory within 15 days upon
  issuance)
• Discharge of effluent not conforming to standards
• Unjustly refusing to allow inspection

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Orders Decisions

• Ex-Parte CDO (immediately executory)
• When there is prima facie evidence pointing to
  discharged waste that poses immediate threat to
  life, public health, safety or welfare
• Directs discontinuance of such discharge or
  temporary suspension of operation pending PH
• Respondent may file motion to lift CDO, but shall
  not stay the execution of the order
• LLDA Orders, decisions final executory within
  15 days from issuance, unless a motion for
  reconsideration is filed with DENR an appeal is
  perfected within this period

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Temporary Lifting OrdersPurposes

• Allow the respondent to implement of pollution
  control program for max. 6 months, progress
  reports required extension may be allowed only
  when there is significant improvement
• For re-sampling purposes

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Requirements for TLO

• Notarized undertaking signed by CEO or managing
  head
• Comprehensive pollution control program with
  proof of approved budget and timetable
• Detailed interim remedial measures
• Payment of at least 25 of the total penalties,
  balance within 6 mos. or upon compliance
• Filing of Discharge Permit application
• Appointment of PCO
• Self-monitoring report or progress report on
  improvement works

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TLOs

• Failure to comply permanent CDO
• Passing allowable standards
• Formal lifting of CDO
• Termination of the case upon full payment of
  fines and penalties

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Enforcement Execution

• By LLDA Enforcement Group with assistance from
  police authorities and LGUs
• Enforcement completion report within 48 hours
  upon execution

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Fines Penalties

• Administrative fines of P5,000 (CWA) for any
  violation of LLDA rules
• Daily penalties of P10,000 (CWA) to be computed
  in accordance with the set guidelines from the
  date of initial sampling when violation was
  discovered until actual cessation of pollution
  using only LLDA lab results
• Non-payment may lead to CDO for operating without
  permits

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Key Challenges

• Many LGUs thousands of small and medium-scale
  businesses face regulatory challenges
• Staff not specifically assigned to oversight of
  environmental obligations
• Regulatory requirements continually change
• LLDA is constrained to provide on-site assistance
  to regulated entities (legally and resource-wise
  )
• Small and medium-scale businesses and LGUs do not
  always receive environmental information targeted
  to their needs
• Limited manpower and budget

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Current Initiatives in Addressing Challenges in
Enforcement

• Coordination with LGUs by sending communications
  every change in administration
• Partnership with other government agencies, NGOs
  and private sectors
• - MOA with PEZA, NWRB
• - MOA with Quick Service Restaurants
• - MOA with industrial parks/estates managements

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Current Initiatives in Addressing Challenges in
Enforcement

• Partnership with AECEN in establishing Compliance
  Assistance Center for slaughterhouses and hog
  farms

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Platform for LLDA-Stakeholders Feedback
Compliance Assistance

• LLDA Website
• Continuing Environmental Education Program
• Quick Response Desk
• TEXT LLDA and LLDA Hotline

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Initiatives to Improve Compliance

• On-line permit applications and processing
• Fee payment thru accredited banks
• Long-term permits
• Simplified documentary requirements for permit
  application
• Less volume of discharge less frequent submission
  of Self-Monitoring Report (SMR)

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Recommendations in Effective Enforcement

• Intensify coordination with LGUs
• Strengthen the saturation drive activities of
  LLDA
• Capacitate LLDA personnel thru as work-related or
  personality development trainings
• Increase manpower requirements
• Improve information dissimenation campaigns

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The End

• Engr. Guillermo E. Orgil
• OIC, Pollution Control Division
• Laguna Lake Development Authority
• Philippines