Environmental Law On Pollution
Environmental Law On Pollution
pdf
https://water.emb.gov.ph/wp-content/uploads/2016/06/NWQSR2006-2013.pdf
Article II
Declaration of Principles and State Policies
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
+ Video
1
https://www.philstar.com/headlines/2017/09/24/1742193/philippines-third-worst-polluter-oceans-
report-says
2
http://cnnphilippines.com/news/2018/05/02/PH-2nd-WHO-indoor-pollution-Asia-Pacific.html
Section 1. Statement of Policy. 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.
Among other things, this provided for the revision of Republic Act No. 3931,
commonly known as the Pollution Control Law. In response to the country’s
industrialization program, the the decree sought to make the National Pollution
Control Commission more effective and efficient in the discharge of its functions by
modifying its organizational structure.
The National Pollution Control Decree prohibited the disposal into any of the
water, air, and/or land resources of the Philippines any organic or inorganic matter
matter or any substance in gaseous or liquid form that shall cause pollution thereof.
It also disallowed the discharge of all industrial wastes and other wastes which could
cause pollution without first securing a permit from the Commission. 3
Land Pollution
Haphazard disposal of urban and industrial wastes, exploitation of minerals,
and improper use of soil by inadequate agricultural practices are a few of the
contributing factors.
Residents of Metro Manila generate so much garbage that they are responsible for
one-fourth of the country’s daily output of solid waste, according to the Department
of Environment and Natural Resources (DENR).
Causes
1. Municipal waste. This refers to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional, and industrial wastes and streets. Specifically, this includes non-
hazardous garbage, rubbish, and trash from homes, institutions, commercial
establishments, and industrial facilities.
2. Agricultural waste. This refers to waste generated from planting or harvesting
of crops, trimming or pruning of plants, and wastes or run-off materials from
farms or fields.
3. Mining waste.
4. Hazardous waste. This refers to solid waste or combination of solid waste,
which because of its quantity, concentration or physical, chemical or infectious
characteristics may present a potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of.
This includes harmful and dangerous substances generated primarily as
liquids but also as solids, sludges, or gases by various chemical
3
PD No. 984, Section 8.
manufacturing companies, petroleum refineries, paper mills, machine shops,
automobile repair shops, and many other industries or commercial facilities.
5.
Plastic Waste
This penalized any person who litters or throws garbage, filth, or other waste
matters in public places, such as roads, canals, or parks, with a fine or imprisonment
or both.
Water Pollution
The Philippines is endowed with 18 major river basins, 421 principal rivers, 79
natural lakes, and an extensive coastline of 36,298 kilometers.4 Unfortunately, most
of these bodies of water have been neglected and continue to be polluted.
4
https://water.emb.gov.ph/wp-content/uploads/2016/06/NWQSR2006-2013.pdf
dead.” Biologically dead rivers no longer contain any oxygen and cannot support any
but the hardiest kinds of species. 5
Causes
The major sources of water pollution in the country are inadequately treated
domestic wastewater or sewage, agricultural wastewater, industrial wastewater, and
non-point sources such as rain- and groundwater runoff from solid waste or garbage
deposits.
2. Agricultural waste. This can include organic wastes such as decayed plants,
livestock manure, and dead animals, soil runoff due to erosion, and pesticides
and fertilizer residues. The chemicals from fertilizers and pesticides make
their way into the groundwater that end up in drinking water, posing risks to
human health and the environment.
5
http://www.greenpeace.org/seasia/ph/What-we-do/Toxics/Water-Patrol/The-problem/
6
https://water.emb.gov.ph/wp-content/uploads/2016/06/NWQSR2006-2013.pdf
5. Plastic waste. Among the top contributors of plastic waste in the world’s
oceans, the country produces 2.7 million metric tons of plastic waste every
year, with half a million metric tons believed to be exiting into the Pacific
Ocean and the rest comprising a huge chunk of improperly-disposed solid
waste that clog our lakes and rivers. According to Greenpeace, western
consumer giants such as Nestle, Unilever, and Procter & Gamble are some of
the main culprits in polluting our water resources by selling products
packaged in cheap, disposable plastic to Filipinos.
6. Oil and Chemical Spills. Due to maritime disasters, the Philippines is often a
victim of oil and chemical spills. These spills cause problems on three fronts,
as it contaminated seashores, the mangroves, and the seabed. In 2006, a
cargo ship chartered by Petron was carrying 2.4 million liters of oil to the
southern island of Mindanao when it went down off Guimaras Island. An
estimated 200,000 liters of oil leaked from the tanker, contaminating
approximately 24 sq km of area. In 2008, during the wake of Typhoon
Fengshen, another ship capsized near the shores of Sibuyan Island. The
incident threatened the surrounding marine waters with contamination from
the toxic substances aboard the ship’s cargo hold.The highly toxic substances
consisted of pesticides and electrical equipment containing environmentally
hazardous components such as heavy metals, antifouling compounds in
marine paint, and polychlorinated biphenyls (PCBs) in transformers.
Effects
The following are only some of the public health and ecosystem concerns
brought about by the widespread water pollution in the country:
2. Fish kills. In 2017, hundreds of dead sardines were found on the shore of a
coastal community in Cagayan de Oro. The Bureau of Fisheries and Aquatic
Resources (BFAR) reported that the fish kill might have been the result of the
change of the quality of the water and the release of sewage of manufacturing
facilities into the sea. It noted that the village’s coastal area is the site of a
handful of factories, among them a corn processing factory and a dressed
chicken facility and that there have been reported fish kills in the past few
years.8
3. Red tide. This is a natural and seasonal phenomenon identified by the
presence of a reddish-brown discoloration of sea water. Harmful algal blooms,
in particular, are erratic instances of red tide which can cause damage. These
discolorations are the result of high concentrations of dinoflagellates and,
under high concentrations, can threaten the health of both marine organisms
and humans. Factors, such as anthropogenic activities, such as the use of
fertilizers on farms, waste disposal, coastal development, and the use of fossil
fuel, can contribute to or even cause these occurrences.
In the Philippines, red tide is most concentrated in the Island of
Mindanao, specifically in Zamboanga del Sur and Surigao del Sur.
7
https://www.philstar.com/metro/2017/06/03/1706476/doh-contaminated-water-caused-diarrhea-
outbreak-bilibid
8
http://newsinfo.inquirer.net/927824/sardine-deaths-tamban-cagayan-de-oro-bfar
MANILA BAYWALK. A man collects recyclable materials amongst the floating
garbage at Manila baywalk, washed ashore after tropical storm Nida passed through
northern Philippines on August 1, 2016. Photo by Ted Aljibe/ AFP
Source: https://www.rappler.com/science-nature/environment/144698-millions-risk-
rising-water-pollution-un
Source: https://dmacalinga.wordpress.com/2016/09/29/blog-post-title/#jp-carousel-
57
Source: https://tallypress.squarespace.com/fun/a-walk-through-the-slums-of-manila-
philippines
+ Video
+ Jurisprudence
This decree was issued in recognition of the vital importance of the marine
environment by penalizing certain acts that cause marine pollution, such as dumping
and discharging to rivers, brooks, and springs.
This act aims to preserve, and revive the quality of the country’s fresh,
brackish, and marine waters by promoting environmental strategies geared towards
the protection of water resources. It also formulates an integrated water quality
management framework for the utilization and development of the country’s water
supply and for the prevention of water pollution.
This law recognizes the need to protect the country’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone. It adopts
internationally accepted measures which impose strict liability for oil pollution
damage and provides for a system of accessing an international fund which was
established to compensate those who suffer damage caused by a tanker spill of
cargo oil.
Laguna Lake
Laguna de Bay is the Philippines’ largest lake, and supplies Metro Manila’s 16
million people with a third of their fish. It also supports agriculture, industry and
hydro-power generation. Millions more live around its 285-kilometre shoreline. But
the lake’s importance has placed it in peril from a host of problems, including
pollution from untreated sewage and industrial waste, overfishing and the
sedimentation and illegal reclamation that are eroding its capacity.
This created the LLDA, which was mandated to attain sustainable ecological
management within the Laguna de Bay Region. Several special projects of LLDA on
water quality management include the following:
1. Laguna De Bay Institutional Strengthening and Community Participation
(LISCOP) Project. With assistance from World Bank, LISCOP finances
construction of infrastructure by LGUs, including wastewater treatment
facilities, to address discharging of polluted wastewater into the lake and
tributary rivers. The project also enabled LLDA to expand the Environmental
Users Fee, which is paid for the amount of pollution that is discharged into the
tributary rivers within the region.
2. River Rehabilitation Program. Organizes River Basin Councils all over the
lake. The “Environmental Army”, a group of community volunteers, helps
LLDA in various river clean-ups of clogged waterways and tributaries that
drain into the Laguna de Bay. They conduct clean-ups fifteen to twenty times
a year.
3. Shoreland Management Program. Designed to control pollution and
nuisance through the elimination of incompatible elements and uses of the
Laguna de Bay Shoreland Areas. LLDA issues Notices of Violation for illegal
backfilling and construction activities in shoreland areas. Majority of the illegal
activities discovered were due to informal settlers.
Pasig River
Back in the day, the Pasig River used to be a potable source of water. Since it
connects Manila Bay to Laguna de Bay, it was once an active traveling route for
residents. But after massive industrial development, it became heavily polluted.
Treated like a septic tank, sewage and garbage were disposed there. The Pasig
River has been considered dead with no more aquatic life since 1994.
This Order created the PRRC to spearhead the rehabilitation of Pasig River to
its historically pristine condition, conducive for the propagation of fishes and other
aquatic resources, transport, recreation, and tourism.
Since the full implementation of the Pasig River Rehabilitation Program, it
has made significant contributions. In particular, improvements in river water
quality is attributed to the program’s various efforts to reduce pollution at
source by involving companies in waste minimization projects which resulted in
the reduction of organic pollution. Notably, a reduction on domestic liquid waste
is the biggest challenge of the program which accounted for at least 60
percent of the river’s organic pollution due to inadequate sewerage system in
Metro Manila.
Just this year, to stop trash from flowing into the river, the PRRC placed "trash
traps" in areas traversed by this body of water, as it threatened to impose sanctions
against polluters of esteros. The trash traps, or nets, were installed in parts of the
San Juan River, which is now the most polluted waterway in Metro Manila, and along
the boundaries of Mandaluyong City, Manila, and Quezon City.
Last year, the Pasig River was one of the finalists for the prestigious 2017
Thiess International Riverprize, an international award that gives the highest honors
in river restoration and protection.9
Video: https://www.youtube.com/watch?v=2XJcb6znI_g
Manila Bay
The water from Laguna Lake flows into the Pasig river, and on to Manila Bay.
Air Pollution
1. Burning of Fossil Fuels: Sulfur dioxide emitted from the combustion of fossil
fuels like coal, petroleum and other factory combustibles is one the major cause of air
pollution. Pollution emitting from vehicles including trucks, jeeps, cars, trains,
airplanes cause immense amount of pollution. We rely on them to fulfill our daily
basic needs of transportation. But, there overuse is killing our environment as
dangerous gases are polluting the environment. Carbon Monooxide caused by
improper or incomplete combustion and generally emitted from vehicles is another
major pollutant along with Nitrogen Oxides, that is produced from both natural and
man made processes.
9
https://www.rappler.com/nation/177357-philippines-pasig-river-finalist-international-award
3. Exhaust from factories and industries: Manufacturing industries release large
amount of carbon monoxide, hydrocarbons, organic compounds, and chemicals into
the air thereby depleting the quality of air. Manufacturing industries can be found at
every corner of the earth and there is no area that has not been affected by it.
Petroleum refineries also release hydrocarbons and various other chemicals that
pollute the air and also cause land pollution.
4. Mining operations: Mining is a process wherein minerals below the earth are
extracted using large equipments. During the process dust and chemicals are released
in the air causing massive air pollution. This is one of the reason which is responsible
for the deteriorating health conditions of workers and nearby residents.
5. Indoor air pollution: Household cleaning products, painting supplies emit toxic
chemicals in the air and cause air pollution. Have you ever noticed that once you paint
walls of your house, it creates some sort of smell which makes it literally impossible
for you to breathe.
+ Effects
Air pollution causes irritation in the throat, nose, lungs and eyes. It causes breathing
problems and aggravates existing health conditions such as emphysema and
asthma.
Contaminated air reduces the body’s defenses and decreases the body’s capacity to
fight other infections in the respiratory system.
Frequent exposure to polluted air increases the risk of cardiovascular
disease. Breathing air that is filled with fine particulate matter can induce hardening
of the arteries, triggering cardiac arrhythmia or even a heart attack.
People who exercise outdoors are susceptible to the adverse effects of air pollution
because it involves deeper and faster breathing.
Acid rain contains hydrogen ions, which can damage trees, crops, harm marine
animals and induce corrosion in metals.
Smog causes harmful health effects in humans and animals. Studies have shown
signs of black lung disease in dolphins of due to high concentrations of carbon
particles in the air.
People afflicted with heart disease, children and older people are more sensitive to
air pollution.
Mosquedo vs. Pilipino Banana Crop Growers and Exporters Association Inc.
In recognition of the dangers of air pollution and the need for a clean habitat
and environment, the law provides for an integrated air quality improvement
framework designed to implement a management and control program to reduce
emissions and prevent air pollution. It also provides for an air quality control action
plan that shall be implemented to enforce appropriate devices, methods, systems,
and measures to ensure air quality control.
Anti-smoke belching???
Climate change???
Noise Pollution
10
http://www.who.int/ceh/capacity/noise.pdf
11
http://www.who.int/sustainable-development/transport/health-risks/noise/en/
12
Asian Development Bank. Air and Noise Pollution Reduction from Tricycles: A Strategic Plan for
Quezon CIty and Puerto Princesa City, Philippines. 2005. Page viii.
13
http://www.lto.gov.ph/transparency-seal/annual-reports.html
14
http://www.who.int/ceh/capacity/noise.pdf
Philippine Environmental Code
This required the regulation and control of emissions, defined as “any air
contaminant, pollutant, gas stream or unwanted sound from a known source which is
passed into the atmosphere.”16 It authorized the Department of Environment and
Natural Resources (DENR) to prescribe the implementing rules on and penalize
violations of noise emission standards, whether for stationary sources like buildings,
factories, facilities, or installations or for motor vehicles. It also empowered the
Department of Transportation and Communications (DOTC) not only to test motor
vehicles for compliance with noise emission standards but also to apprehend and
penalize violators.
*international problems*
Ozone depletion
Water contamination = no drinking water in some parts of the world
15
PD No. 1152, Sections 5-6.
16
RA No. 8749, Section 5, h.
United Nations Convention on the Law of the Sea (UNCLOS)
This was ratified by the Philippines on May 8, 1984 and became effective on
September 22, 1988. Article 194 thereof obliges parties to take measures to prevent
pollution of the marine environment from any source, including “land based sources”
and “installations and devices used in exploration of the natural resources of the
seabed and subsoil”.
The 1985 Vienna Convention for the Protection of the Ozone Layer and its
1987 Montreal Protocol on Substances that Deplete the Ozone Layer which came
into force on January 1, 1989 were both ratified by the Philippines on July 17, 1991.
These international instruments oblige parties to phase out substances that deplete
the ozone layer such as chlorofluorocarbons (CFC’s) and hydro-chlorofluorocarbons
(HCFC’s) which are used in the air-conditioning units of many old cars, offices, and
houses.
This came into force on May 5, 1992 and was ratified by the Philippines on
October 21, 1993. It declared illegal the transboundary shipment and disposal of
hazardous wastes, such as used cellphone batteries and old computer units, except
for recycling. However, in 1995, it was amended with the Basel Ban Amendment
which was a total ban on the transboundary movement of hazardous waste from
developed countries to developing countries. Unfortunately, the Basel Ban
Amendment has yet to be ratified by the Philippines.
*insert issue on nonratification, canada continues to dump waste on philippine
territory*
2001 Stockholm Convention on Persistent Organic Pollutants
This came into force on May 17, 2004 and was ratified by the Philippines on
February 27, 2004. It bound the parties to immediately ban the production and use of
certain pesticides such as aldrin and to eventually phase out other pesticides such
as dichlorodiphenyltrichloroethane (DDT) as these has adverse effects on human
health and the environment and are easily transportable by wind and water.
Geneva convention